Section 791.6639. Prisoner accounts; accumulation and use of funds; institutional medium of exchange; solicitation of funds; controls of spending; illegal funds; negative balance; authorized withdrawals; return of balance.

Rule 639. (1) The department shall allow each prisoner to have an institutional account in which he or she may accumulate funds  without limit, subject to regulation as to the authorized sources of funds.

(2)   Unless the funds are designated by the source for the specific purpose of release  planning  or   payment  for  medical  or   educational expenses,   or  are  subject to court-ordered child  support  or  other court-ordered payments, the funds may be used by the prisoner for  any  of the following purposes:

(a)   Transfer to family members.

(b)   Payment of business expenses, as approved by the  facility  head   or designee.

(c)    Payment of legal fees or costs that are associated with filing or pursuing litigation.

(d)  The purchase of United States savings bonds in the  prisoner's  name only.

(e)   Payment for services or merchandise, as approved by the facility head or designee.

(3)   The solicitation of funds from other prisoners or members of the public by a prisoner or an organization that is exclusively or primarily comprised of prisoner members is prohibited, except that prisoner organizations may be authorized by the deputy director for correctional facilities to conduct fund-raising activities in security level I through V facilities, subject to regulation by the department.

(4)   Funds from legitimate, identified outside sources may be placed in a prisoner's account, but visitors to an institution shall not be permitted to purchase the institutional medium of exchange. Unless approved by the warden, other prisoners, parolees, probationers, and their families shall not be considered legitimate sources of funds. The institution may require that funds sent through the mail be in the form of a certified   check   or money order only.

(5)     Controls  may  be  imposed  on  a  prisoner's   spending  if   it   is established at a hearing, pursuant to the provisions of R 791.3310, that the prisoner is involved in any of the following situations:

(a)   Is incurring heavy indebtedness to other prisoners.

(b)   Is a victim of extortion by other prisoners.

(c)   Is using the institutional medium of exchange or store purchases to exploit or corrupt other prisoners.

(d)  Is setting up his or her own store.

(e)   Is stockpiling store merchandise in his or her cell.

(6)   Possession of money or  the   institutional  medium  of   exchange   in violation of these  rules  constitutes   possession  of  illegal  funds.    A prisoner who is alleged to be in possession of  illegal  funds   shall  be subject to disciplinary action. In addition to the sanctions authorized by the provisions of R 791.5505, a prisoner who is found guilty  of   such misconduct shall have the illegal funds  confiscated  and  placed  in the prisoner benefit fund.

(7)   When a prisoner's account has a negative balance, collections on department debts shall be limited to half of the prisoner's subsequent funds, unless the prisoner consents, in writing, to a  larger  assessment.

(8)    Funds shall not be taken from a prisoner's account, except under any of the following circumstances:

(a)   At the prisoner's request.

(b)   Pursuant to an order of a court.

(c)   Pursuant to a state or federal tax levy.

(d)  As a sanction for restitution pursuant to the provisions of R 791.5505.

(e)   Justification for taking funds from a prisoner's   account  has   been established, at a  fact-finding  hearing  conducted   pursuant  to  the provisions of R 791.3310, except if the prisoner has been charged with, or heard on, a major misconduct violation for the same behavior, then funds can only be taken pursuant to subrule (8)(d) of this rule.

(9)   A prisoner who is released from sentence shall receive  the  balance of his or her account.

History: 1979 AC.; 1987 AACS; 1987 AACS; 1993 AACS.