(a) (1) Any property, other than contraband that is subject to the provisions of Ohio R.C. 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, 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 if it has custody of any property that is subject to this section 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 subsection (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 if it has any lost, abandoned, stolen, seized or forfeited property as described in subsection (a)(1) hereof in its custody shall comply with its written internal control policy adopted under that subsection relative to the property. The Department if it has any such property in its custody, except for property to be disposed of under subsection (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 subsection (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 if it, during any calendar year, has any seized or forfeited property as described in subsection (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 March 1 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. The Attorney General shall make copies of each report received, and, no later than April 15 in the calendar year in which the report is received, shall send a copy of it to the President of the Senate and the Speaker of the House of Representatives.
B. The Police Department if it receives in any calendar year any proceeds of a sale under subsection (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 agency pursuant to subsection (d)(2)A. hereof for that calendar year, and shall send a copy of the cumulative report, no later than March 1 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. The Attorney General shall make copies of each report received, and, no later than April 15 in the calendar year in which the report is received, shall send a copy of it to the President of the Senate and the Speaker of the House of Representatives.
(b) The Police Department that has 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 he may have to the possession, or the possession and ownership, of property if any of the following applies:
(1) The property was the subject, or was used in a conspiracy or attempt to commit, or in the commission, of an offense other than a traffic offense, and such 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 such person, it is unlawful for the person 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. 2933.43, other than property forfeited under Ohio R.C. 2925.41 to 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 political subdivision in which the Police Department has jurisdiction to engage in law enforcement activities, as follows:
(1) Drugs shall be disposed of pursuant to Ohio R.C. 3719.11 or 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 subsection (d)(8) hereof. Other firearms and dangerous ordnance shall be destroyed by the Department or shall be sent to the Bureau of Criminal Identification and Investigation for destruction by the Bureau.
(3) Obscene materials shall be destroyed.
(4) Beer, intoxicating liquir, 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 shall be sold by the Department of Liquor Control, if the Department determines that the beer, intoxicating liquor, or alcohol is fit for sale. If any tax imposed under Title XLIII of the Revised Code 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 subsection shall be paid into the State Treasury. Any such beer, intoxicating liquor, or alcohol that the Department 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. Such parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives of them may be sold or disposed of as provided by rules of the Director of Public Safety. Parts from which a vehicle identification number or derivative of it 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) A. 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 subsection (d)(8) hereof.
B. As used in this section, "computers", "computer networks", "computer systems" and "computer software" have the same meanings as in Ohio R.C. 2913.01.
(8) Other unclaimed or forfeited property, with the approval of the court, may be used by the Police Department that has possession of it. If the other unclaimed or forfeited property is not used by the 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) Except as provided in subsections (d)(4) and (5) and (e)(2) hereof, the proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the Village.
(2) The Summit County Board of County Commissioners if it recognizes a citizens' reward program as provided in Ohio R.C. 9.92 shall notify the Police Department of the official recognition of the citizens' reward program by filing a copy of its resolution conferring such recognition with the Department. Upon receipt of such notice the Police Department shall pay twenty-five percent (25%) of the proceeds from each sale of property disposed of pursuant to this section to the citizens' reward program for use exclusively for the payment of rewards. No part of such funds may be used to pay for the administrative expenses or any other expenses associated with a citizens' reward program.
(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 Village ordinance, provided that when the Village has received notice as provided in subsection (e)(2) hereof disposes of property under such an ordinance, it shall pay twenty-five percent (25%) of the proceeds from any sale or auction to the citizens' reward program as provided under that subsection.
(g) The receipt of funds by a citizens' reward program pursuant to subsection (e) hereof does not make it a governmental unit for purposes of Ohio R.C. 149.43 and does not subject it to the disclosure provisions of that section.
(h) For purposes of this section, "law enforcement agency" includes correctional institutions. As used in this section, "citizens' reward program" has the same meaning as in Ohio R.C. 9.92.
(ORC 2933.41)