(a) (1) Any property, other than contraband that is subject to the provisions of Ohio R.C. 2913.34 or 2933.43, other than property that is subject to Ohio R.C. 3719.141, other than property that is forfeited under Ohio R.C. 2925.41 to 2925.45, other than a vehicle that is criminally forfeited under an order issued under Ohio R.C. 4503.233 or 4503.234 and that is to be disposed of under Ohio R.C. 4503.234, other than property that has been lawfully seized under Ohio R.C. 2933.71 to 2933.75 in relation to a Medicaid fraud offense, and other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2923.32, that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited, and that is in the custody of the Police Department, shall be kept safely pending the time it no longer is needed as evidence, and shall be disposed of pursuant to this section. The Police Department shall adopt a written internal control policy that addresses the keeping of detailed records as to the amount of property taken in by the Department, that addresses the Department's disposition of the property under this section, that provides for the keeping of detailed records of the disposition of the property, and that provides for the keeping of detailed financial records of the amount and disposition of any proceeds of a sale of the property under paragraph (d)(8) hereof and of the general types of expenditures made out of the proceeds retained by the Department and the specific amount expended on each general type of expenditure. The policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation. The policy is a public record open for inspection under Ohio R.C. 149.43.
(2) A. The Police Department, having any lost, abandoned, stolen, seized or forfeited property as described in paragraph (a)(1) hereof, in its custody, shall comply with its written internal control policy adopted under that paragraph relative to the property. The Police Department, having any such property in its custody, except for property to be disposed of under paragraph (d)(4) hereof, shall maintain an accurate record, in accordance with its written internal control policy, of each item of the property. The record shall include the date on which each item of property came into the Department's custody, the manner in which it was disposed of, the date of its disposition, the name of the person who received the property if it was not destroyed, and all other information required by the Department's written internal control policy; however, the record shall not identify or enable the identification of the individual officer who seized any item of property. The record of any property that no longer is needed as evidence, and all financial records of the amount and disposition of any proceeds of a sale under paragraph (d)(8) hereof, and of the general types of expenditures made out of the proceeds retained by the Department and the specific amount of each general type of expenditure, shall be open to public inspection during the Department's regular business hours.
The Police Department, having, during any calendar year, any seized or forfeited property as described in paragraph (a)(1) hereof in its custody, shall prepare a report covering the calendar year that cumulates all of the information contained in all of the records kept by the Department pursuant to this subsection for that calendar year, and shall send a copy of the cumulative report, no later than the first day of March in the calendar year following the calendar year covered by the report, to the Ohio Attorney General. Each report received by the Attorney General is a public record open for inspection under Ohio R.C. 149.43.
B. The Police Department, having received, in any calendar year, any proceeds of a sale under paragraph (d)(8) hereof, shall prepare a report covering the calendar year that cumulates all of the information contained in all of the public financial records kept by the Department pursuant to paragraph (a)(2)A. hereof for that calendar year, and shall send a copy of the cumulative report, no later than the first day of March in the calendar year following the calendar year covered by the report, to the Attorney General. Each report received by the Attorney General is a public record open for inspection under Ohio R.C. 149.43.
C. Not later than the fifteenth day of April in the calendar year in which reports are sent to the Attorney General under paragraphs (2)A. and B. hereof, the Attorney General shall send to the President of the Senate and the Speaker of the House of Representatives a written notification that does all of the following:
1. Indicates that the Attorney General has received from the Police Department reports of the type described in paragraph (2)A. or B. hereof, or both paragraphs (2)A. and B. hereof, whichever is applicable, that cover the previous calendar year and indicates that the reports were received under paragraph (2)A. or B. hereof, or both paragraphs (2)A. and B. hereof, whichever is applicable;
2. Indicates that the reports are open for inspection under Ohio R.C. 149.43; and
3. Indicates that the Attorney General will provide a copy of any or all of the reports to the President of the Senate or the Speaker of the House of Representatives upon request.
(b) The Police Department, having property in its possession that is required to be disposed of pursuant to this section, shall make a reasonable effort to locate the persons entitled to possession of the property in its custody, to notify them of when and where it may be claimed and to return the property to them at the earliest possible time. In the absence of evidence identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the property in custody and inviting persons to view and establish their right to it.
(c) A person loses any right that the person may have to the possession, or the possession and ownership, of property if any of the following applies:
(1) The property was the subject of, or was used in a conspiracy or attempt to commit, or in the commission of, an offense other than a traffic offense, and the person is a conspirator, accomplice or offender with respect to the offense.
(2) A court determines that the property should be forfeited because, in light of the nature of the property or the circumstances of the person, it is unlawful for him or her to acquire or possess the property.
(d) Unclaimed or forfeited property in the custody of the Police Department, other than contraband that is subject to the provisions of Ohio R.C. 2913.34 or 2933.43, other than property forfeited under Ohio R.C. 2925.41 through 2925.45, and other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2923.32, shall be disposed of on application to and order of any court of record that has territorial jurisdiction over the Municipality, as follows:
(1) Drugs shall be disposed of pursuant to Ohio R.C. 3719.11 or be placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable Federal law.
(2) Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use, or as museum pieces or collectors' items, may be sold at public auction pursuant to paragraph (d)(8) hereof. Other firearms and dangerous ordnance shall be destroyed by the Police Department or shall be sent to the Ohio Bureau of Criminal Identification and Investigation for destruction by the Bureau.
(3) Obscene materials shall be destroyed.
(4) Beer, intoxicating liquor or alcohol seized from a person who is not the holder of a permit issued under Ohio R.C. Chapters 4301 and 4303 or is an offender, and forfeited to the State under Ohio R.C. 4301.45 or 4301.53, either shall be sold by the Ohio Division of Liquor Control, if the Division determines that the beer, intoxicating liquor or alcohol is fit for sale, or shall be placed in the custody of the Investigations Unit in the Ohio Department of Public Safety and be used for training relating to law enforcement activities. The Department, with the assistance of the Ohio Division of Liquor Control, shall adopt rules in accordance with Ohio R.C. Chapter 119, to provide for the distribution of such beer, intoxicating liquor or alcohol to State or local law enforcement agencies upon their request. If any tax imposed under Ohio R.C. Title XLIII has not been paid in relation to the beer, intoxicating liquor or alcohol, the proceeds of the sale shall first be used to pay the tax. All other money collected under this paragraph shall be paid into the State Treasury. Any such beer, intoxicating liquor or alcohol that the Division determines to be unfit for sale shall be destroyed.
(5) Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the inmates' industrial and entertainment fund if the sender is not known.
(6) Vehicles and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63 may be given to a law enforcement agency for use in the performance of its duties. Those parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives thereof may be sold or disposed of as provided by rules of the Ohio Director of Public Safety. Parts from which a vehicle identification number or derivative thereof has been removed, defaced, covered, altered or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.
(7) Computers, computer networks, computer systems and computer software suitable for police work may be given to a law enforcement agency for that purpose. Other computers, computer networks, computer systems and computer software shall be disposed of pursuant to paragraph (d)(8) hereof.
As used in this section, “computers,” “computer networks,” “computer systems” and “computer software” have the same meanings as in Section 642.01.
(8) Other unclaimed or forfeited property, with the approval of the court, may be used by the Police Department. If the other unclaimed or forfeited property is not used by the Police Department, it may be sold, without appraisal, at a public auction to the highest bidder for cash or, in the case of other unclaimed or forfeited moneys, disposed of in another manner that the court considers proper in the circumstances.
(e) (1) If the property was in the possession of the Police Department in relation to a delinquent child proceeding in a juvenile court, ten percent of the proceeds from property disposed of pursuant to this section shall be applied to one or more alcohol and drug addiction treatment programs that are certified by the Ohio Department of Alcohol and Drug Addiction Services under Ohio R.C. 3793.06 and that are specified by the court in its order issued under subsection (d) hereof. A juvenile court shall not specify an alcohol or drug addiction treatment program in the order unless the program is a certified alcohol and drug addiction treatment program and, except as provided in this paragraph, unless the program is located in the county in which the court that issues the orders is located or in a contiguous county. If no certified alcohol and drug addiction treatment program is located in any of those counties, the juvenile court may specify in the order a certified alcohol and drug addiction treatment program located anywhere within this State. The remaining ninety percent of the proceeds shall be applied as provided in paragraph (e)(2) hereof.
If the property was in the possession of the Police Department other than in relation to a delinquent child proceeding in a juvenile court, all of the proceeds from property disposed of pursuant to this section shall be applied as provided in paragraph (e)(2) hereof.
(2) Except as provided in paragraphs (d)(4) and (5) hereof and in Ohio R.C. 2933.41(E)(2), and after compliance with paragraph (e)(1) hereof when that paragraph is applicable, the proceeds from property disposed of pursuant to this section shall be placed in the General Fund.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles. This section shall not be construed to rescind or restrict the authority of the Police Department to keep and dispose of lost, abandoned, stolen, seized or forfeited property under any other applicable ordinance of the Municipality, or under Ohio R.C. 737.29 through 737.33, provided that when the Municipality, after having received notice as provided in Ohio R.C. 2933.41(E)(2), disposes of property under an ordinance, it shall pay twenty-five percent of the proceeds from any sale or auction to the Citizens' Reward Program as provided in Ohio R.C. 2933.41(E)(2).
(g) For purposes of this section, “law enforcement agency” includes correctional institutions and “Citizens' Reward Program” has the same meaning as in Ohio R.C. 9.92. (ORC 2933.41)