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necessary and apply it to defray the cost of replacement or repair | | of the property destroyed or damaged.__Any part of the deposit not | | kept by the jail must be returned to the person. |
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| | | 3.__Limitation.__A board fee or damage deposit may not be | | imposed if its imposition would create an excessive financial | | hardship, as determined by the sheriff, on a dependent of the | | person against whom it is assessed.__Any payment made for the | | support of such a dependent that is required by the Department of | | Human Services may not be used for the board fee or damage | | deposit. |
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| | | 4.__Civil action for recovery of expenses.__Notwithstanding | | this section, a county may bring a civil action in a court of | | competent jurisdiction to recover a board fee or damage deposit | | for an incarcerated person.__The following assets are not subject | | to judgment under this subsection: |
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| | | A.__Real property that the person holds in joint ownership; |
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| | | B.__Assets, earnings or other sources of income that the | | person holds in joint ownership; and |
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| | | C.__Income, assets, earnings or other property, both real | | and personal, owned by the person's spouse or family. |
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| | | This bill provides that a person booked by a county jail may | | be held liable for the cost of being processed by the jail. It | | also provides that a person incarcerated in a county jail may be | | held liable for the cost of board in the jail and may be required | | to pay a damage deposit. |
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