Ind. Code § 4-24-6-9 – Accountability for funds held in trust

(a) Except as provided in subsection (c), the superintendent or warden of any institution may not be held personally liable for the loss of:
1. (1) money held in trust for any inmate or patient of the institution; or
2. (2) money deposited in the recreation fund of the institution.
(b) Except as provided in subsection (c), in the event the superintendent or warden delegates to any officer or employee of the superintendent's or warden's institution the authority to administer the provisions of sections 6 and 7 of this chapter, the officer or employee may not be held personally liable for the loss of:
1. (1) money held in trust for any inmate or patient of the institution; or
2. (2) money deposited in the recreation fund of the institution.
(c) A superintendent or warden or a delegate of a superintendent or warden may be held personally liable under subsection (a) or (b) if the loss of money arises from the superintendent's, the warden's, or the delegate's official misconduct. All other losses under this section must be covered by the general blanket performance bond or crime insurance policy under subsection (d).
(d) No other bond except the general performance blanket bond given by the superintendent or warden of any institution, or by an officer or employee of the institution, shall be required. A general blanket performance bond or crime insurance policy endorsed to include faithful performance that is obtained under IC 5-4-1-15.1 shall cover any misfeasance or nonfeasance in the administration of sections 6 and 7 of this chapter on the part of any superintendent, warden, officer, or employee of the institution.
(e) The commissioner of insurance shall prescribe the form of the bonds or crime policies required by this section.
Formerly: Acts 1957, c.242, s.9; Acts 1965, c.87, s.2. As amended by P.L.5-1984, SEC.195; P.L.49-1995, SEC.1; P.L.22-1996, SEC.1; P.L.215-2016, SEC.101.