(A) There shall be
two classes of contraband as defined in this rule. Contraband shall be
classified as "major" or "minor" contraband. This distinction shall determine
the method or manner of disposition of such contraband.
(1) "Major contraband," as used in this rule,
shall refer to items possessed by an inmate which, by their nature, use, or
intended use, pose a threat to security or safety of inmates, staff or public,
or disrupt the orderly operation of the facility. Major contraband also
includes any material related to unauthorized group activity that is found in
the possession of an inmate. Any items referred to in section
2921.36 of the Revised Code
shall also be considered major contraband, including deadly weapons or
dangerous ordnance, drugs of abuse, intoxicating liquor and cash.
(2) "Minor contraband," as used in this rule,
shall refer to items possessed by an inmate without permission and:
(a) The location in which these items are
discovered is improper; or
(b) The
quantities in which an allowable item is possessed is prohibited; or
(c) The manner or method by which the item is
obtained was improper; or
(d) An
allowable item is possessed by an inmate in an altered form or
condition.
(B) Any staff member who confiscates
contraband from an inmate shall enter the fact of such confiscation on a log
designed for such a purpose. The log shall specify the date of the
confiscation, the person or inmate from whose possession the contraband was
taken, if known, and a brief description of the contraband.
(C) Disposition of contraband: any item
considered contraband under this rule may be confiscated.
(1) Minor contraband.
(a) When appropriate, such items should be
returned to their proper locations or to their original owners. However, if the
item came into the inmate's possession through a violation of the rules by the
original owner, such item may not be returned to the owner, if the original
owner is an inmate.
(b) Minor
contraband received in the mail may be returned to the sender if the inmate
agrees to pay postage costs.
(c)
Minor contraband, valued at one hundred dollars or less, may, thirty days after
confiscation, be destroyed, donated,
utilized by the institution for training or other official purposes, or utilized in non-monetary offers to compromise in
accordance with rule
5120-9-32
of the Administrative Code, by the order of the warden when the
institution has attempted to contact or identify the owner of the personal
property and those attempts have been unsuccessful or the inmate who owns the
personal property agrees in writing to the disposal of the property in
question.
(d) Minor contraband,
valued at over one hundred dollars, which cannot be returned to the original
owner if either an inmate or unknown and cannot be returned to sender, may,
upon the issuance of an order of forfeiture by the court of common pleas in the
county in which the institution is located, be destroyed or utilized by the
institution for training or other official purposes, sold at public auction,
or utilized in non-monetary offers to compromise in accordance with rule
5120-9-32
of the Administrative Code. The warden may file a petition for forfeiture with
the court, asking the order be issued. The petition shall attach a list of the
property involved and shall state briefly why the property cannot be returned.
Each institution shall record the manner in which the contraband was disposed.
In the event a court of common pleas issues an order that forfeited contraband
be sold at public auction, the institution shall deposit any money receved in
the inmates' industrial and entertainment fund and record the date of
disposition, the amount the forfeited contraband was sold for, and the name of
any person who purchased the forfeited contraband at public auction.
(2) Major contraband.
(a) When criminal prosecution or disciplinary
action is contemplated with respect to the contraband, it shall be locked in a
secure area designated for contraband or turned over to local or state law
enforcement authorities. Institutional personnel shall minimize any handling of
such items until turned over to law enforcement authorities.
(b) When such items are no longer needed for
disciplinary or criminal action, they shall be disposed of in accordance with
the provisions of this rule.
(3) Contraband such as rings, watches,
radios, televisions and tape players shall be stored in a secure place.
Reasonable attempts should be made to return such items to their rightful owner
if an inmate, or sent to the inmate's home at the inmate's expense. Contraband
obtained in violation of the rules of the Administrative Code shall be subject
to confiscation. If valuable contraband cannot be returned to the rightful
owner, the warden may initiate forfeiture consistent with this rule.
(4) Confiscated money shall be processed in
accordance with rule
5120-5-08
of the Administrative Code.