To whom it may concern:|
This correspondence is urgent to bring attention to the confiscation of federally protected moneys by the Department of Corrections (DOC) policy 1B.10 (i.e.Inmate Accounts and Financial Responsibility) Such policy is authorized through SDCL24-2-29 which states in part… "Disbursement shall be made from an inmates institutional account to defray the inmates obligation, regardless of the source of inmates funds"…
The Attorney General (AG) and DOC have been notified which federal moneys are protected: 1.) 25.U.S.C. 410 (Moneys from lease or sale of trust lands are not liable for certain debts;2.) 25 U.S.C.1401-07 (Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Claims Court [United States Court of Federal, Claims ] specifically, 1407 tax exemption, resources exemption limitation).
The A.G. and DOC were notified of the federal district court ruling of "Wright v Riveland No. C95-5381FDB." This ruling was a result of prisoners in Washington State filing litigation challenging that states statue that is equivalent of SDCL 24-2-29.
The ruling declared Washington's version of SDCL 24-2-29 as void to the extent that, "it conflicts with the following federal laws: Veterans Administration benefits received under 38 U.S.C.5301 (a):Social Security benefits received under 42 U.S.C. 407 (a) proceeds from civil rights action filed pursuant to U.S.C. 1983 and certain funds distributed to Native Americans under 25 U.S.C. 410,1401-07,1176,and 43U.S.C. 1606(h), 1620. It is the class member's burden to demonstrate that any funds received are exempt from the deductions made pursuant to RCW 72.09.480(i.e. equivalent SDCL 24-2-29)… There is no dispute that the native prisoners within the DOC can demonstrate that the moneys cited above are exempt from SDCL 24-2-29 and DOC policy 1B.10.
Attorney General Barnett, DOC Secretary Jeff Bloomberg and the South Dakota State legislature passed SDCL 24-2-29 legislation without following its state constitutional limitations cited in SDCL1-1A
The remedy sought without going to court is reimbursement of all moneys confiscated from tribal members after July 1, 1994. Tribal members who have since been released and who are still incarcerated.
We request your assistance to resolve this matter as soon as possible. Please acknowledge receipt of this correspondence. Wopida,
Sept 11, 2001
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