TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5.3
Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity

SECTION 40.1-5.3-12


§ 40.1-5.3-12 Investigation of ability to pay for maintenance.

It shall be the duty of the fiscal agent to investigate all cases of prisoners transferred pursuant to § 40.1-5.3-7 to the facility provided for in § 40.1-5.3-1 to ascertain whether there is any estate belonging to the prisoners which may be applied to satisfy the liability established by § 40.1-5.3-11, and any bank or other custodian of the estate belonging to the prisoners shall be required to make discovery thereof upon written demand of the fiscal agent; provided, however, that any information so obtained shall not be disclosed, directly or indirectly, by the fiscal agent to any person except as necessary and proper to carry out the provisions of § 40.1-5.3-11. The fiscal agent shall request that the general treasurer commence and prosecute an action, suit, or proceeding pursuant to § 40.1-5.3-11 whenever he or she determines that an action, suit, or proceeding is appropriate in light of the estate belonging to the prisoner sought to be charged. In determining the appropriateness of an action, suit, or proceeding, the fiscal agent shall consider the effect that execution against the estate would have upon the support and maintenance of those persons, if any, to whom the prisoner sought to be charged is liable for support.

History of Section.
(P.L. 1982, ch. 274, § 1; P.L. 1997, ch. 326, § 137.)