My sheriff has asked whether he has to deposit the Comissary funds into the bank under the county's depository contract. I assume that the other choice in this question is can he keep them in "deposited" in the sheriff's office.

If anyone knows a quick answer or a cite to which I may turn, I would appreciate it. Thanks!

Op. Tex. Att. Gen. No. DM-282 states:


No statute or rule discusses whether a sheriff may place an inmate's money into an interest-bearing account or invest the money, or whether the sheriff simply may place the money into a safe place for the duration of the inmate's stay. But see Attorney General Opinion JM-398 (1985) at 3 (stating that inmate's money remains in sheriff's custody "where it may be deposited in an account that serves as a depository for all inmates['] personal funds"). Because of the absence of statutory or regulatory direction, we believe that each county sheriff, in the exercise of his or her discretion, may decide where to place inmates' money for safekeeping. A sheriff may decide, therefore, to keep the money in a cash deposit drawer or safe, a safe deposit box, or an account, either interest-bearing or non-interest-bearing, or, if practicable, to invest the money. We caution, however, that the sheriff's discretion may be limited by the county auditor, who "may adopt and enforce regulations, . . . , that the auditor considers necessary for the speedy and proper collecting, checking, and accounting of the revenues and other funds and fees that belong to the county or to a person . . . for whose use or benefit the [precinct] officer holds or has received funds." Local Gov't Code � 112.002(b); see Attorney General Opinion JM-702 (1987) at 2 (inmate trust account subject to audit by county auditor); see also Local Gov't Code � 112.001;

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flj

I appreciate the help very much!

While on the surface putting the money outside the reach of the auditor may be passable private bank accounts result in taxes that the Sheriff is loath to pay resulting in the unreasonable belief that the money is somehow his. After the borrowing and the replinishing are thru the account will be subject to justifiable criticism.