Sec. 12.12.26.03. Procedure

A. The Director shall establish procedures to:

(1) Return personal property to the inmate upon release; and

(2) Obtain receipt from the inmate.

B. Death of Inmate.

(1) When the death of an inmate occurs, the Director or designee shall ensure that an inmate's personal property, including funds in an Institution account, is given to a person who possesses a letter of administration issued by a court.

(2) The Director shall ensure that the deceased inmate's next of kin is notified of personal property, including funds, by registered mail, return receipt requested.

(3) If the court appoints a personal representative, the representative shall claim the property within 1 year of notice to the next of kin.

(4) If a court appointed personal representative claims the deceased inmate's property, the representative shall provide a letter of administration. The Director shall ensure that a copy of the letter of administration is retained for the Institution's files.

(5) When the deceased inmate's property is released to a person who possesses a letter of administration, the Director shall ensure that:

(a) A receipt for the property is obtained;

(b) The receipt is retained in the deceased inmate's base file; and

(c) A copy of the receipt is retained for the Institution's files.

C. The property officer shall hold for 30 days any inmate personal property which:

(1) Is in possession of the Institution as a result of an escape; or

(2) Has been unclaimed by an inmate who has the right to its possession and the property officer shall:

(a) During the 30-day period, post notice in a conspicuous location within the Institution,

(b) Deliver the property being held to the inmate who satisfactorily establishes a right to its possession within the time period specified above, and

(c) Obtain from the inmate a signed receipt when property is turned over to the inmate.

D. Funds remaining in the inmate's Institution financial account shall remain in the inmate's account for 2 years after an escape, and then shall be turned over to the State General Fund. The account book for an inmate's personal bank account is to be retained in the inmate's base file. If the account has no activity for 5 years, the contents shall be treated as abandoned by the bank and turned over to the State General Fund.

E. The Director shall:

(1) Convert abandoned property to Institution use;

(2) Sell the abandoned property; or

(3) If it has no value, dispose of the abandoned property in accordance with this regulation.

F. Disposal of Abandoned Property.

(1) If the abandoned property is to be converted for Institution use, the property officer shall submit an inventory list in duplicate to the Director advising:

(a) The condition of the property as follows:

(i) Good,

(ii) Fair, or

(iii) Repairable;

(b) The estimated value; and

(c) Planned use.

(2) Abandoned inmate property is only converted for Institution use for the benefit of the inmate population.

(3) Property that is considered equipment with an estimated value in excess of $50 shall be recorded on the inmate welfare fund property inventory cards with the estimated value and tagged accordingly.

(4) If the property is to be sold, it shall be sold on consignment basis by a contract auctioneer whose services shall be obtained in accordance with State procurement regulations. Upon the sale of the property, less expenses, net proceeds shall be deposited in the Institution inmate welfare fund.

(5) Abandoned Property Disposal.

(a) The Warden may dispose of abandoned inmate property which has no value and cannot be converted to Institution use, with the approval of the Director.

(b) Upon approval of the Director, the Warden may dispose of the property by donation to an appropriate charitable organization.

(c) The property officer shall obtain a dated, signed, descriptive receipt for the donated items and retain the receipt for Institution records.

(d) All future claims of an inmate to proceeds or rights to possession of this property shall be barred.

G. This chapter does not affect or limit the authority of the Warden to seize and dispose of contraband.