Costs and Attorney Fees

DEPARTMENT
OF
CORRECTION

DIVISION
OF
PRISONS

DIRECTIVE NUMBER :

106.02.01.001

PAGE NUMBER:

1 of 2

SUBJECT:

Costs and Attorney
Fees

Adopted: 08-15-95
Legal Review: 08-21-95
Reformatted 03-2001

C
O
P
Y
01.00.00. POLICY OF THE DEPARTMENT

It is the policy of the Board of Correction that the Department shall make provisions for
legal services to any current or former Department employee named as a defendant or
respondent in a civil legal action stemming from the performance of correctional duties.
Employees will be represented by the deputy attorney general assigned to the
Department.

01.01.00 Purpose

It is the policy of the Division of Prisons that any time costs and/or attorneys fees are
awarded by a court, the Department will pursue collection of the award.

02.00.00. TABLE OF CONTENTS

01.00.00. POLICY OF THE DEPARTMENT
01.01.00. Purpose
02.00.00. TABLE OF CONTENTS
03.00.00. REFERENCES
04.00.00. DEFINITIONS
05.00.00. PROCEDURE

03.00.00. REFERENCES

04.00.00. DEFINITIONS

Exempt Personal Property: Property that will not be confiscated, such as: religious
material, legal material, state property.

Non-Exempt Personal Property: Property that may be confiscated such as televisions,
radios, cigarette li ghters, unopened/unused commissary items.

Personal Property: All other property including bank accounts, stock holdings, etc.

Real property: Land and the buildings or other improvements permanently attached
thereto.

DIRECTIVE NUMBER :
106.02.01.001

SUBJECT:
Costs and Attorney Fees

PAGE NUMBER:
2 of 2

C
O
P
Y
05.00.00. PROCEDURE

When a deputy attorney general representing the department is awarded judgment for
costs and/or attorneys fees the attorney will secure a writ of execution and deliver to the
sheriff of the appropriate county(ies) and/or states.

When a sheriff or deputy sheriff sched ules time with the institution to levy against the
inmates property, the institution will schedule a departmental staff to escort the sheriff or
the deputy sheriff to the inmate’s cell to levy against the property. Departmental staff
will provide security and may assist with removing property from the housing unit once it
has been levied against by the sheriff or deputy sheriff.

Property that is authorized to be levied against is any nonexempt personal
property.

The personal property will be sold by the sheriff unless other arrangements are
made, through deputy attorney general’s representing the department.

Upon a court order and/or judgment of costs and attorneys fees the inmate’s
account will be suspended.

When the Writ of Execution is served on the department, all but $10 of the
balance of the inmate's account shall be removed in satisfaction or partial
satisfaction of the judgment. All monies collected will be transferred to the
deputy attorney general, who will in turn endorse the check over to t he
department or deliver cash money to the fiscal office at Central Office.

If an inmate is married, community property, real and/or personal, is subject to
the Writ of Execution.

Departmental staff are expected to cooperate as needed with the deputy att orney
general in locating real or personal separate and/or community property.

___________________________________________ _____________________
Administrator, Division of Prisons Date