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H. B. No. 138 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representative Weddington
Cosponsors:
Representatives Chandler, Boyd, Letson, Skindell
A BILL
To amend section 5120.13 of the Revised Code to
authorize an inmate of a state correctional
facility who has more than $100 in a personal
account to request the investment of the amount
over $100 in any series of United States savings
bonds or in certificates of deposit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5120.13 of the Revised Code be
amended to read as follows:
Sec. 5120.13. (A) The department of rehabilitation and
correction shall accept and hold on behalf of the state, if it is
for the public interest, any grant, gift, devise, or bequest of
money or property made to or for the use or benefit of any
institution described in section 5120.05 of the Revised Code. The
department
shall keep such gift, grant, devise, or bequest as
a
distinct property or fund, and shall invest the same, if in
money,
in the manner provided by law. The department may deposit
in a
proper trust company or savings bank any fund left in trust
during
a specified life or lives, and shall adopt rules governing
the
deposit, transfer, withdrawal, or investment of such funds
and the
income thereof. Upon the expiration of any trust according to its
terms, the department shall dispose of the funds or property held
thereunder
in the manner provided in the
instrument creating the
trust; except that, if the instrument
creating the trust failed to
make any terms of disposition, or if
no trust was in evidence,
then the decedent patient's, pupil's,
or inmate's moneys, savings
or commercial deposits, dividends or
distributions, bonds, or any
other interest bearing debt
certificate or stamp issued by the
United States government shall
escheat to the state. All such
unclaimed intangible personal
property of a former inmate shall be
retained by the managing
officer in such institution for the
period of one year during
which time every possible effort shall
be made to find that
former inmate or that former inmate's legal
representative. If,
after a period of
one year from the time such
inmate has left such institution or
has died, the managing officer
is unable to locate the
inmate or
the inmate's legal
representative, upon proper notice
of such fact, the
director of
rehabilitation and correction shall at that time
formulate in
writing a method of disposition on the minutes of
the department
authorizing the managing officer of the
institution to convert the
same to cash to be paid into the
treasury of the state to the
credit of the general revenue fund.
The department shall include
in the annual report a statement of
all such funds and property
and the terms and conditions relating
thereto.
Moneys or property deposited with managing officers of
institutions by relatives, guardians, conservators, and friends
for the special benefit of any inmate shall remain in the hands
of
such officers for use accordingly. Such funds shall be
deposited
in a personal deposit fund. Each such managing officer
shall keep
an itemized book account of the receipt and
disposition thereof,
which book shall be open at all times to the
inspection of the
department. The department shall adopt rules
governing the
deposit, transfer, withdrawal, or investment of
such funds and the
income thereof.
(B) Whenever an inmate confined in any state institution
subject to the jurisdiction of the department dies, escapes,
is
discharged or paroled from the institution, or
is placed on a term
of post-release control under any section of the Revised
Code and
personal
funds of the person remain in the hands of the managing
officer of the institution and no demand is made upon
the managing
officer by the
owner of the funds or the owner's legally appointed
representative,
the managing officer shall hold the funds in the
personal deposit
fund for a period of at least one year during
which time the
managing officer shall make every effort possible
to locate the
owner or the owner's legally appointed
representative.
If, at the end of this period, no demand has been made for
the funds, the managing officer shall dispose of the funds
as
follows:
(1) All moneys in a personal deposit fund in excess of ten
dollars due for the support of an inmate shall be paid into the
state's general revenue fund.
(2) All moneys in a personal deposit fund in excess of ten
dollars not due for the support of an inmate shall be placed to
the credit of the institution's local account designated as
"industrial and entertainment" fund.
(3) All moneys less than ten dollars to the credit of an
inmate shall be placed to the credit of the institution's local
account designated as "industrial and entertainment" fund.
(C) Whenever an inmate in any state institution subject
to
the jurisdiction of the department dies, escapes, is
discharged or
paroled from the institution or is placed
on a term of
post-release control, and personal
effects of the person remain in
the hands of the managing
officer of the institution, and no
demand is made upon
the managing officer
by the owner of the
property or the owner's legally appointed
representative, the
managing officer shall hold and dispose of
such property as
follows:
All the miscellaneous personal effects shall be held for a
period of at least one year, during which time the managing
officer shall make every effort possible to locate the owner or
the owner's legal representative. If at the end of this period no
demand
has been made by the owner of the property or the owner's
legal
representative, the managing officer shall file with the
county
recorder of the county of commitment of the owner, all
deeds,
wills, contract mortgages, or assignments. The balance of
the
personal effects shall be sold at public auction after being
duly
advertised, and the funds turned over to the treasurer of
state
for credit to the general revenue fund. If any of the
property
is not of a type to be filed with the county recorder and
is not
salable at public auction, then the managing officer of the
institution shall destroy the property.
(D) An inmate in any state institution subject to the
jurisdiction of the department who has a balance of more than one
hundred dollars in a personal account established under rules
adopted by the director of rehabilitation and correction may
request the warden of that institution or the warden's designee to
invest the amount in excess of one hundred dollars in any series
of United States savings bonds or in certificates of deposit.
Section 2. That existing section 5120.13 of the Revised Code
is hereby repealed.
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