What Prisoners Can and Cannot Do With Bank Accounts
A person in prison can legally own a bank account, but the account is heavily restricted. The prisoner cannot access it directly—they cannot withdraw money, transfer funds, or make purchases. The account exists, the money remains theirs, and they can designate someone to manage it on their behalf, but the prison controls what happens with any deposits or withdrawals related to prison life.
The restrictions depend on whether the account is a regular bank account or a prison trust account (also called a commissary account). A regular bank account held before incarceration stays in the prisoner's name and can receive deposits from outside sources—family, friends, settlements, or employment. A prison trust account is created by the facility itself and holds money the prisoner earned through prison work or received as deposits. Both exist simultaneously in many cases, and both are off-limits to the prisoner while incarcerated.
Key Takeaways
- A prisoner can own a regular bank account in their name, but cannot access it during incarceration—a designated representative must manage it.
- Prison trust accounts (commissary accounts) are separate accounts run by the facility where prisoners can deposit money sent by family or earned through prison jobs, but the prisoner cannot withdraw it directly.
- Money in either account belongs to the prisoner and cannot be seized by the prison except to pay court-ordered restitution, child support, or certain fines.
- When a prisoner is released, they regain full access to both their regular bank account and any remaining balance in their prison trust account.
- A power of attorney or designated representative can manage a regular bank account on the prisoner's behalf, but the prison controls access to the trust account.
How Regular Bank Accounts Work for Incarcerated People
A bank account opened before incarceration remains the prisoner's property. The bank does not freeze it automatically—the account stays active unless the prisoner or their representative closes it. Family members or a designated representative can deposit money into the account, pay bills from it, or manage it with proper authorization (such as power of attorney).
The prisoner themselves cannot write checks, use a debit card, or make withdrawals while in custody. Some facilities allow prisoners to request their representative send them commissary funds or money for phone calls, but the prisoner does not control the account directly. The account is useful for holding larger sums of money safely—money kept in a prison trust account is vulnerable to theft or loss, while a bank account outside the facility is protected by federal deposit insurance.
If the prisoner has debts—restitution ordered by a court, child support, or criminal fines—the state can place a levy on the account to collect those amounts. This is one of the few circumstances where the prison or a government agency can access the account without the prisoner's permission.
Prison Trust Accounts and Commissary Money
Most facilities operate a prison trust account (commissary account) for each prisoner. This account holds money the prisoner receives from outside sources or earns through prison work. Family members can send money directly to the facility, which deposits it into the prisoner's trust account. The prisoner can then request purchases from the prison commissary—snacks, hygiene items, phone time, or stamps—and the cost is deducted from the balance.
The prisoner has limited control over this account. They can request a balance statement and submit commissary orders, but they cannot withdraw cash or transfer money out. The prison controls the account entirely. If the prisoner is transferred to another facility, the balance usually transfers with them, though some systems require the prisoner to spend down the balance before transfer.
When a prisoner is released, they receive the remaining balance in their trust account. The method varies by facility—some issue a check, some transfer it to a bank account the prisoner designates, and some issue a prepaid card. The prisoner should ask their facility's business office about the release procedure well before their release date.
Who Can Manage Money on a Prisoner's Behalf
A prisoner can authorize someone to manage their regular bank account through a power of attorney document. This person—often a family member, spouse, or trusted friend—can deposit money, pay bills, and handle financial matters without the prisoner's signature. The power of attorney must be signed by the prisoner and notarized before incarceration or through a prison visitation process, depending on the state.
For the prison trust account, the prisoner cannot authorize a representative to withdraw money. Only the prisoner can request commissary purchases or request a balance statement. However, family members can deposit money into the account by sending it to the facility's business office with the prisoner's name and inmate number. The facility handles the deposit, not the family member.
If a prisoner has no representative and no outside support, they can still access their own trust account through commissary requests and can request a balance statement from the facility. Some facilities allow prisoners to request a check or transfer of their balance to a bank account they designate, though this varies by state and facility policy.
What Happens to Accounts When a Prisoner Is Released
Upon release, a prisoner regains full access to their regular bank account when ready. They can withdraw money, use the debit card, and manage the account as they did before incarceration. Any representative who held power of attorney can transfer control back to the prisoner or continue managing it if the prisoner requests.
The prison trust account balance is paid out at release. The prisoner should confirm the payout method with the facility's business office before their release date. Some facilities issue a check, some transfer the balance to a bank account the prisoner provides, and some issue a prepaid debit card. The prisoner should have a plan for where the money will go—opening a bank account before release, if possible, ensures the funds have a find destination.
If the prisoner owes restitution, child support, or fines, the state may intercept part or all of the trust account balance to satisfy those debts. The prisoner will be notified of any intercept before release. The regular bank account may also be subject to levy if the debt is still outstanding.
Restrictions on Prison Accounts and Debt Collection
The prison cannot seize money from a prisoner's account for general operating costs, disciplinary fines, or facility fees. Federal law and most state laws protect prisoner accounts from arbitrary seizure. However, court-ordered obligations are different: restitution to crime victims, child support, and criminal fines can be collected from both the trust account and the regular bank account through legal process.
Some states allow facilities to deduct fees for certain services—medical copays, phone calls, or commissary transaction fees—directly from the trust account. These deductions are disclosed in the facility's commissary policy, which the prisoner receives upon intake. The prisoner should review this policy to understand what costs will reduce their balance.
If a prisoner disputes a deduction or believes money is missing from their account, they can file a grievance with the facility's business office. The facility must investigate and provide a written response. If the grievance is denied, the prisoner can appeal through the facility's appeal process or, in some cases, file a claim with the state comptroller's office.
Frequently Asked Questions
Can my family send me money while I'm in prison?
Yes. Your family can send money to your prison trust account by mailing it to the facility's business office with your name and inmate number. The facility deposits it into your account, and you can use it for commissary purchases. Some facilities also accept electronic deposits or money transfers through third-party services—ask your facility which methods they accept.
What happens to my bank account if I'm convicted and sent to prison?
Your bank account remains yours and stays active. The bank does not freeze it. Your family or a representative can continue to deposit money and pay bills from it. You cannot access it directly while incarcerated, but the money is still there and protected by federal deposit insurance. When you are released, you regain full access.
Can the prison take money from my account to pay fines or restitution?
Yes, but only through a court order. The state can place a levy on your regular bank account or intercept your prison trust account balance to satisfy court-ordered restitution, child support, or criminal fines. The facility must notify you before any intercept occurs. Voluntary payments toward these debts can also be deducted from your trust account if you request it.
Can I close my bank account while I'm in prison?
You cannot close it yourself, but your representative can close it on your behalf if you give them power of attorney. If you have no representative and want to close the account, you can request that the facility's business office help you contact the bank to authorize closure. Some banks allow closure by mail with proper documentation, though this varies by bank.
What if I'm released and my trust account balance was intercepted for debt?
The facility will notify you before any intercept. If you believe the intercept was incorrect or improper, you can file a grievance with the facility's business office or contact the state agency that collected the debt. You may also have the right to request a hearing to dispute the amount owed, depending on your state's law.