Okla. Stat. tit. 22, § 22-1325

office or campus police agency - Disposition - Procedure.

A. Any sheriff's office or campus police agency as authorized

under the Oklahoma Campus Security Act is authorized to dispose of

by public sale, destruction, donation, or transfer for use to a

governmental subdivision personal property which has come into its

possession, or deposit in a special fund, as hereafter provided, all

money or legal tender of the United States which has come into its

possession, whether the property or money be stolen, embezzled,

lost, abandoned or otherwise, the owner of the property or money

being unknown or not having claimed the same, and which the sheriff

or campus police agency has held for at least six (6) months, and

such property or money, or any part thereof, being no longer needed

to be held as evidence or otherwise used in connection with any

litigation.

B. Where personal property held under the circumstances

provided in subsection A of this section is determined by the agency

having custody to be unsuitable for disposition by public sale due

to its condition or assessed by agency personnel as having limited

or no resale value, it may be destroyed, discarded as solid waste or

donated to a charitable organization designated by the U.S. Internal

Revenue Service as a 501(c)(3) nonprofit organization. Where

disposition by destruction, discard, or donation is made of personal

property, a report describing the property by category and quantity,

and indicating what disposition was made for each item or lot, shall

be submitted to the presiding judge of the district court within ten

(10) days following the disposition.

Oklahoma Statutes - Title 22. Criminal Procedure Page 494

C. Where disposition by public sale is appropriate, the

sheriff's office or campus police agency shall file an application

in the district court of its county requesting the authority of the

court to dispose of such personal property, and shall attach to the

application a list describing the property, including all

identifying numbers and marks, if any, the date the property came

into the possession of the sheriff's office or campus police agency

and the name and address of the owner, if known. The court shall

set the application for hearing not less than ten (10) days nor more

than twenty (20) days after filing.

D. Written notice shall be given by the sheriff's office or

campus police agency of the hearing to each and every owner if known

and as set forth in the application by first-class mail, postage

prepaid, and directed to the last-known address of the owner at

least ten (10) days prior to the date of the hearing, unless the

personal property is held by the sheriff's office as inmate

commissary and is less than Fifty Dollars ($50.00) in which case

notice by first-class mail shall not be required. The notice shall

contain a brief description of the property of the owner and the

place and date of the hearing. Notice of the hearing shall be

posted in three public places in the county, one being the county

courthouse at the regular place assigned for the posting of legal

notices or shall be published in a newspaper authorized by law to

publish legal notices in the county in which the property is

located. If no newspaper authorized by law to publish legal notices

is published in such county, the notice shall be published in a

newspaper of general circulation which is published in an adjoining

county. The notice shall state the name of the owner being notified

by publication and shall be published at least ten (10) days prior

to the date of the hearing.

E. At the hearing, if no owner appears and establishes

ownership to the property, the court shall enter an order

authorizing the sheriff's office or campus police agency to donate

property having a value of less than Five Hundred Dollars ($500.00)

to a not-for-profit corporation as defined in Title 18 of the
tion and shall be published at least ten (10) days prior

to the date of the hearing.

E. At the hearing, if no owner appears and establishes

ownership to the property, the court shall enter an order

authorizing the sheriff's office or campus police agency to donate

property having a value of less than Five Hundred Dollars ($500.00)

to a not-for-profit corporation as defined in Title 18 of the

Oklahoma Statutes or to sell the personal property to the highest

bidder for cash, after at least five (5) days of notice has been

given by publication in one issue of a legal newspaper of the

county. The sheriff's office or campus police agency shall make a

return of the donation or sale and, when confirmed by the court, the

order confirming the donation or sale shall vest in the recipient or

purchaser title to the property so donated or purchased.

F. A sheriff's office having in its possession money or legal

tender under the circumstances provided in subsection A of this

section, prior to appropriating the same for deposit into a special

fund, shall file an application in the district court of its county

requesting the court to enter an order authorizing it to so

Oklahoma Statutes - Title 22. Criminal Procedure Page 495

appropriate the money for deposit in the special fund. The

application shall describe the money or legal tender, together with

serial numbers, if any, the date the same came into the possession

of the sheriff's office or campus police agency, and the name and

address of the owner, if known. Upon filing, the application, which

may be joined with an application as described in subsection C of

this section, shall be set for hearing not less than ten (10) days

nor more than twenty (20) days from the filing thereof, and notice

of the hearing shall be given as provided in subsection D of this

section. The notice shall state that, upon no one appearing to

prove ownership to the money or legal tender, the same will be

ordered by the court to be deposited in the special fund by the

sheriff's office or campus police agency. The notice may be

combined with a notice to sell personal property as set forth in

subsection D of this section. At the hearing, if no one appears to

claim and prove ownership to the money or legal tender, the court

shall order the same to be deposited by the sheriff's office or

campus police agency in the special fund, as provided in subsection

H of this section.

G. Where a sheriff's office or campus police agency has in its

possession under the circumstances provided in subsection A of this

section, personal property deemed to have potential utility to that

sheriff's office, campus police agency or another governmental

subdivision, prior to appropriating the personal property for use,

the sheriff's office or campus police agency shall file an

application in the district court requesting the court to enter an

order authorizing it to so appropriate or transfer the property for

use. The application shall describe the property, together with

serial numbers, if any, the date the property came into the

possession of the sheriff's office or campus police agency and the

name and address of the owner, if known. Upon filing, the

application, which may be joined with an application as described in

subsection C of this section, shall be set for hearing not less than

ten (10) days nor more than twenty (20) days from the filing

thereof. Notice of the hearing shall be given as provided in

subsection D of this section. The notice shall state that, upon no

one appearing to prove ownership to the personal property, the

property will be ordered by the court to be delivered for use by the

sheriff's office or campus police agency or its authorizing

institution or transferred to another governmental subdivision for

its use. The notice may be combined with a notice to sell personal

property as set forth in subsection D of this section. At the
pon no

one appearing to prove ownership to the personal property, the

property will be ordered by the court to be delivered for use by the

sheriff's office or campus police agency or its authorizing

institution or transferred to another governmental subdivision for

its use. The notice may be combined with a notice to sell personal

property as set forth in subsection D of this section. At the

hearing, if no one appears to claim and prove ownership to the

personal property, the court shall order the property to be

available for use by the sheriff's office or campus police agency or

delivered to an appropriate person for use by the authorizing

institution or another governmental subdivision.

Oklahoma Statutes - Title 22. Criminal Procedure Page 496

H. The money received from the sale of personal property as

above provided, after payment of the court costs and other expenses,

if any, together with all money in possession of the sheriff's

office or campus police agency, which has been ordered by the court

to be deposited in the special fund, shall be deposited in such fund

which shall be separately maintained by the sheriff's office in a

special fund with the county treasurer or campus police agency to be

expended upon the approval of the sheriff or head of the campus

police agency for the purchase of equipment, materials or supplies

that may be used in crime prevention, education, training or

programming. The fund or any portion of it may be expended in

paying the expenses of the sheriff or any duly authorized deputy or

employee of the campus police agency to attend law enforcement or

public safety training courses which are conducted by the Oklahoma

Council on Law Enforcement Education and Training (CLEET) or other

certified trainers, providers, or agencies.

I. The disposition of biological evidence, as defined by

Section 1372 of this title, shall be governed by the provisions set

forth in Section 1372 of this title.