§ 704.090 Correctional facility inmates; funds in trust
§ 704.090. Correctional facility inmates; funds in trust
(a) The funds of a judgment debtor confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority or confined in any county or city jail, road camp, industrial farm, or other local correctional facility, held in trust for or to the credit of the judgment debtor, in an inmate's trust account or similar account by the state, county, or city, or any agency thereof, are exempt without making a claim in the amount of one thousand two hundred twenty-five dollars($1,225). If the judgment debtor is married, each spouse is entitled to a separate exemption under this section or the spouses may combine their exemptions.
(b) Notwithstanding subdivision (a), if the judgment is for a restitution fine or order imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative on or before September 28, 1994, or Section 1203.04 of the Penal Code, as operative on or before August 2, 1995, or Section 1202.4 of the Penal Code, the funds held in trust for, or to the credit of, a judgment debtor described in subdivision (a) are exempt in the amount of three hundred dollars ($300) without making a claim. The exemption provided in this subdivision is not subject to adjustment under Section 703.150.
EXPLANATORY NOTE
For the current amount of exemption under this section, as adjusted by the Judicial Council and required by Code of Civil Procedure § 703.150, which authorizes the Judicial Council to publish cost-of-living adjustments every three years, see the Judicial Council Form reproduced under Chapter 4, preceding Code of Civil Procedure § 703.010 (for electronic
publications, see Refs & Annos).