SOP 206.03: Disposition Of Abandoned Tangible Offender Property

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|
|Policy Number: 206.03|Effective Date: 6/30/2020|Page Number: 1 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

I. Introduction and Summary:

Any offender in the custody of the Georgia Department of Corrections (GDC) who
escapes, is discharged or paroled, or dies while in custody of GDC shall be deemed to
have abandoned all tangible personal property when that property has remained in the
custody of GDC for one year and no valid written claim has been made to GDC by the
owner or the owner's heirs, designated beneficiary, or next of kin. Such property shall
be disposed of by public sale as directed by the Commissioner of the GDC. The
proceeds of such sales shall be deposited in the state treasury.

II. Authority:

A. GDC Board Rule: 125-2-4-.06-(e);

B. GDC Standard Operating Procedure (SOP) 206.02 Management of Offender

Property or Contraband; and

C. ACA Standard: 5-ACI-5A-06 (ref. 4-4292).

III. Definitions:

A. Abandoned Property - Property that remains unclaimed one (1) year or more

after parole, discharge, escape, or death.

B. Tangible Property - Property that, in the good judgment of the

Warden/Superintendent or their designee, has significant resale value considering
the time and expense required to process the item(s) for sale through the state
surplus property agency.

IV. Statement of Policy and Applicable Procedures:

This policy is applicable to all state/county prisons, institutions, and centers within the
jurisdiction of the GDC.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|
|Policy Number: 206.03|Effective Date: 6/30/2020|Page Number: 2 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

A. When a prison/institution/center determines that an offender has escaped, was

discharged, paroled, or died, a comprehensive property inventory shall be
completed immediately if any of the offender’s personal or state property remains
at the facility. The written property inventory shall reflect the following:

1. Description of each item.

2. Quantity of each item.

3. Condition of each item (operative, inoperative, good, fair, poor, etc.).

B. Annually, during the month of July, each facility shall conduct an inventory of all

abandoned property.

C. Items of tangible property will be listed on a separate inventory and forwarded to

the office of the Regional Director - Facilities Division. The Region Office will
note all items of value on the inventory and forward a list of those items to Central
Office - Purchasing Section. The Purchasing Section shall arrange for public sale
of the items through the state surplus property agency. All state issued items and
personal property items will be documented as such by the facility-designated
Property Coordinator/Control Officer utilizing the GDC property inventory form.

1. State issued property will be removed and returned to the facility Care and

Custody issue/storage room. This disposition will be noted on the property
inventory form.

2. Abandoned personal property may include consumable items which are prone

to spoilage, decomposition, and odor. These types of items will not be stored
but will be identified on the inventory form. These items will be destroyed and
such disposition will be noted on the inventory.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|
|Policy Number: 206.03|Effective Date: 6/30/2020|Page Number: 3 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

3. Any remaining personal property shall be boxed and the completed property

inventory form will be placed inside the box. The boxed property shall be
securely stored in the prison/institution/center property room and logged.

a. The end and top of the box shall be marked with the word ‘Abandoned’,

the date of confiscation (month/day/year), and a projected disposal date
(month/day/year) of one (1) year from the date of confiscation.

b. Additionally, a completed personal property/evidence tag (SOP 206.02
Attachment 3) will be attached to the box.

4. Boxed abandoned property will be stored separately from other items routinely

stored in the property room.

5. Routinely, the facility Property Coordinator/Officer shall review the boxes to

determine if any one year holding periods have expired. This process may be
augmented by reviews of the property receipt log or the establishment of a
schedule/calendar including projected disposition/action dates.

D. All items not designated for public sale shall be disposed of locally, either by

donation to charity or by destruction.

1. The Warden or Superintendent or designee shall decide which items might

have value for a charity.

2. Items donated or destroyed shall be documented in accordance with SOP

206.02, Management of Offender Property/Contraband. Records of such shall
be retained for three years.

E. Any property abandoned for a period of at least one year will be disposed of in

accordance with the following:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|
|Policy Number: 206.03|Effective Date: 6/30/2020|Page Number: 4 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

1. If GDC has received no valid written claim regarding the unclaimed property

from the offender, his/her designated beneficiary, or next of kin, then the
physical property will be unboxed, verified against the property inventory, and
delivered to the Warden/Superintendent or his/her designee.

2. The Warden/Superintendent or his/her designee shall determine which items

are of monetary value and which items have no resale value.

a. Items with no significant monetary value will be noted on the inventory

and destroyed immediately.

b. Items with a significant resale value, as determined by the

Warden/Superintendent, will be noted on the inventory. These items along
with a State Surplus Transfer & Invoice Form (DOAS-26631C (8/93)),
completed by the facility Property Coordinator/Officer, will be forwarded
to the attention of the GDC Supervisor of Property Audits for further
transfer to DOAS State Surplus (final disposition).

3. After the transfer of the property by the prison/institution/center, a copy of the

completed abandoned property inventory form and the DOAS State Surplus
Transfer & Invoice Form will be retained by the facility, in a separate
abandoned property administrative file, for a period of three (3) years.

F. Generally, items of value to be held for public sale will include watches, rings,

other jewelry, and radios in good condition or working order. Items that probably
will be destroyed locally will include badly worn clothing, magazines, newspapers,
and consumable store goods.

G. If the offender or their designated beneficiary or next of kin (discharge, parole,

death, or escape) submit a valid written claim to the property within the one (1)
year holding period, then the following steps shall be followed: (1) the box will be
retrieved and the items therein will be verified against the GDC inventory; (2) a
mailing address for the claimant shall be obtained; (3) the identity or relationship

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|Policy Name:Disposition Of Abandoned Tangible Offender Property|
|Policy Number: 206.03|Effective Date: 6/30/2020|Page Number: 5 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

of the claimant shall be verified; and (4) the property will be mailed from the
facility to the verified claimant. This procedure will be documented and attached
to the property inventory form.

V. Attachments: None.

VI. Record Retention of Forms Relevant to this Policy: None.