State Treasurer v. Gardner

Until his death in 1997, the defendant was a prisoner of the Department of Corrections. The State Treasurer sued for reimbursement of the cost of incarceration, and obtained an order requiring that the bulk of the defendant’s prison account and pension income be paid to the state. The Court of Appeals reduced the award, but we reinstate the judgment of the circuit court.

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In January. 1990, defendant James Gardner began serving a prison sentence for criminal sexual conduct. In prison, he continued to receive monthly payments of approximately $370. The source of these payments is described in…