DISPOSITION OF DEPOSITOR’S PERSONAL PROPERTY - 19425

(New: 09/2023)

Renumbered from 19425.1, 19425.2, and 19425.3

Institutions may be facilities (e.g., prisons) where depositors are incarcerated. Institutions shall review their records annually to determine if they are in possession of any depositor’s (e.g., inmates) personal property that requires disposition.  

Notice of Proposed Disposition of a Depositor’s Personal Property

Institutions shall post a notice of the intended disposition of the personal property in a public place within the institution where the disposition will be made. Institutions shall post the notice at least 30 days before any property is sold or destroyed. During this time, institutions shall not deliver any of the proposed money, personal property, or documents to the State Treasurer's Office (STO), or State Controller’s Office (SCO). Institutions shall mail a copy of the notice to the owner’s or deceased owner’s last known address.

In accordance with Government Code section 1090, no officer or employee of the state having jurisdiction over the disposition of inmates’ personal property at public auction or by sealed-bid shall purchase or cause to be purchased inmates’ personal property for them or their use.

Disposition of a Deceased Depositor’s Personal Property

After the mandatory 30-day notice, institutions shall dispose of the personal property belonging to deceased inmates as follows:

• Remit unclaimed money to the STO for deposit in the Unclaimed Property Fund one year after the death of the inmate. The institution shall not include these remittances with other remittances.
• Sell all other personal property at public auction, or upon a sealed-bid basis, one year after the death of the inmate. Remit the proceeds of the sales to the STO in the same manner as unclaimed money.
• Destroy any personal property that is not salable at public auction or upon sealed-bids and has insufficient intrinsic value to justify a deposit with the STO, one year after the death of the inmate. Deliver items that warrant deposit with the STO to the SCO. The SCO shall deposit such items with the STO.
• File all deeds, contracts, or assignments with the public administrator of the county of commitment one year from the date of the inmate’s death.

Upon delivery of any money or personal property to the STO or SCO, the institution shall provide the SCO a description of all money, personal property delivered, and the name and last known address of the deceased owner. The institution shall remit any money in accordance with SAM Section 8091.

Disposition of an Escaped, Discharged, or Paroled Depositor’s Personal Property

After the mandatory 30-day notice, institutions shall dispose of personal property belonging to escaped, discharged, or paroled inmates as follows:

• Hold all moneys and intangible personal property (e.g., securities and stocks) for a period of three years from the date of the inmate’s escape, discharge, or parole. After the three-year period, the moneys and intangible personal property are considered abandoned. Annually, before November 1, the institution shall report the abandoned moneys and intangible personal property held as of June 30 to the SCO in a manner specified by the SCO. Institutions shall remit the funds to the STO for deposit in the Unclaimed Property Fund–Abandoned Property Account only upon written request of the SCO. The institution shall not include these remittances with other remittances.
  • If the inmate is a minor who has been paroled, their unclaimed moneys or intangible personal property may be exempted from this three-year provision during the period of their minority and for a period of one year thereafter at the discretion of the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. See Welfare and Institutions Code section 1016.
• Sell all unclaimed tangible personal property, other than money, at public auction or upon a sealed-bid basis one year from the date of the inmate’s escape, discharge, or parole. Such property may be sold in lots, provided a determination can be made as to each inmate’s share of the proceeds. The institutions shall hold proceeds from the sale for a period of three years from the date of the inmate’s escape, discharge, or parole. The institutions shall report and dispose of the proceeds according to the procedures in the first bullet after three years.
• Destroy any tangible personal property that is not salable at public auction or upon sealed-bids and has insufficient intrinsic value, one year from the date of the inmate’s escape, discharge, or parole.
• File all deeds, contracts, or assignments with the public administrator of the county of commitment one year from the date of the inmate’s escape, discharge, or parole.

Accounting for Disposition of a Depositor’s Personal Property

Institutions shall account for property transmitted to the Unclaimed Property Fund as follows:

Debit/ Credit	Account	Legacy Account	Account Description
Debit	2060000	3510	Deposits
Credit	1101400	1120	Agency Trust Fund Cash
Credit	1902000	2720	Securities and Other Property Held in Trust

 

Institutions shall post to the Trust Deposits Ledger, which is a subsidiary of Account No. 2060000, (Legacy Account No. 3510), Deposits, by utilizing the check information or the Controller's Receipt. The posting shall accurately reflect the date in that document.

Institutions shall refer claimants of money or personal property that has been remitted to the Unclaimed Property Fund to the SCO, Unclaimed Property Division. The claimant shall file their claim directly with the SCO.