| Sec. 5120.13. (A) The department of rehabilitation and | 9 |
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correction shall accept and hold on behalf of the state, if it is | 10 |
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for the public interest, any grant, gift, devise, or bequest of | 11 |
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money or property made to or for the use or benefit of any | 12 |
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institution described in section 5120.05 of the Revised Code. The | 13 |
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department
shall keep such gift, grant, devise, or bequest as
a | 14 |
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distinct property or fund, and shall invest the same, if in
money, | 15 |
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in the manner provided by law. The department may deposit
in a | 16 |
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proper trust company or savings bank any fund left in trust
during | 17 |
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a specified life or lives, and shall adopt rules governing
the | 18 |
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deposit, transfer, withdrawal, or investment of such funds
and the | 19 |
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income thereof. Upon the expiration of any trust according to its | 20 |
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terms, the department shall dispose of the funds or property held | 21 |
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thereunder
in the manner provided in the
instrument creating the | 22 |
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trust; except that, if the instrument
creating the trust failed to | 23 |
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make any terms of disposition, or if
no trust was in evidence, | 24 |
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then the decedent patient's, pupil's,
or inmate's moneys, savings | 25 |
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or commercial deposits, dividends or
distributions, bonds, or any | 26 |
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other interest bearing debt
certificate or stamp issued by the | 27 |
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United States government shall
escheat to the state. All such | 28 |
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unclaimed intangible personal
property of a former inmate shall be | 29 |
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retained by the managing
officer in such institution for the | 30 |
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period of one year during
which time every possible effort shall | 31 |
|
be made to find that
former inmate or that former inmate's legal | 32 |
|
representative. If,
after a period of
one year from the time such | 33 |
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inmate has left such institution or
has died, the managing officer | 34 |
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is unable to locate the
inmate or
the inmate's legal | 35 |
|
representative, upon proper notice
of such fact, the
director of | 36 |
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rehabilitation and correction shall at that time
formulate in | 37 |
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writing a method of disposition on the minutes of
the department | 38 |
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authorizing the managing officer of the
institution to convert the | 39 |
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same to cash to be paid into the
treasury of the state to the | 40 |
|
credit of the general revenue fund.
The department shall include | 41 |
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in the annual report a statement of
all such funds and property | 42 |
|
and the terms and conditions relating
thereto. | 43 |
| Moneys or property deposited with managing officers of | 44 |
|
institutions by relatives, guardians, conservators, and friends | 45 |
|
for the special benefit of any inmate shall remain in the hands
of | 46 |
|
such officers for use accordingly. Such funds shall be
deposited | 47 |
|
in a personal deposit fund. Each such managing officer
shall keep | 48 |
|
an itemized book account of the receipt and
disposition thereof, | 49 |
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which book shall be open at all times to the
inspection of the | 50 |
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department. The department shall adopt rules
governing the | 51 |
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deposit, transfer, withdrawal, or investment of
such funds and the | 52 |
|
income thereof. | 53 |
| (B) Whenever an inmate confined in any state institution | 54 |
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subject to the jurisdiction of the department dies, escapes,
is | 55 |
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discharged or paroled from the institution, or
is placed on a term | 56 |
|
of post-release control under any section of the Revised
Code and | 57 |
|
personal
funds of the person remain in the hands of the managing | 58 |
|
officer of the institution and no demand is made upon
the managing | 59 |
|
officer by the
owner of the funds or the owner's legally appointed | 60 |
|
representative,
the managing officer shall hold the funds in the | 61 |
|
personal deposit
fund for a period of at least one year during | 62 |
|
which time the
managing officer shall make every effort possible | 63 |
|
to locate the
owner or the owner's legally appointed | 64 |
|
representative. | 65 |
| (C) Whenever an inmate in any state institution subject
to | 79 |
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the jurisdiction of the department dies, escapes, is
discharged or | 80 |
|
paroled from the institution or is placed
on a term of | 81 |
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post-release control, and personal
effects of the person remain in | 82 |
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the hands of the managing
officer of the institution, and no | 83 |
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demand is made upon
the managing officer
by the owner of the | 84 |
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property or the owner's legally appointed
representative, the | 85 |
|
managing officer shall hold and dispose of
such property as | 86 |
|
follows: | 87 |
| All the miscellaneous personal effects shall be held for a | 88 |
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period of at least one year, during which time the managing | 89 |
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officer shall make every effort possible to locate the owner or | 90 |
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the owner's legal representative. If at the end of this period no | 91 |
|
demand
has been made by the owner of the property or the owner's | 92 |
|
legal
representative, the managing officer shall file with the | 93 |
|
county
recorder of the county of commitment of the owner, all | 94 |
|
deeds,
wills, contract mortgages, or assignments. The balance of | 95 |
|
the
personal effects shall be sold at public auction after being | 96 |
|
duly
advertised, and the funds turned over to the treasurer of | 97 |
|
state
for credit to the general revenue fund. If any of the | 98 |
|
property
is not of a type to be filed with the county recorder and | 99 |
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is not
salable at public auction, then the managing officer of the | 100 |
|
institution shall destroy the property. | 101 |