Unclaimed Property of Inmate
Section 1321 of Oklahoma Statutes Title 22 actually does apply. It applies to all property seized by police in this situation (the heading of the section is misleading).
First order of business is to locate the inmate and offer to return his property. An easy way to review the statute and recent changes from 2021 is to review Chapter 455 of Oklahoma Session Laws 2021.
"An Act relating to cities and towns; amending 11 O.S. 2011, Section 34-104, as amended by Section 1, Chapter 166, O.S.L. 2012 (11 O.S. Supp. 2020, Section 34-104), which relates to disposition of property or money; modifying process for disposing of certain property or money; specifying certain notice is required; determining whether property was seized in connection to criminal investigation; specifying entity that shall file certain application; modifying required hearing timeline; modifying certain notice requirements; specifying entity to dispose of property; clarifying process involving sale or donation to third parties; authorizing transfer of certain currency; directing certain processes for disposition of property under other circumstances; authorizing certain notice; providing notice not required for property of certain value; providing that notice is effective under certain circumstances; amending 22 O.S. 2011, Sections 1321, 1322 and 1326, which relate to the return of stolen property or money taken from defendants; clarifying hearing procedures for returning property to lawful owners; providing option of filing affidavits with the court clerk; requiring notices be sent by first-class mail; specifying when hearings shall be held; requiring the filing of proof of service or publication with the court clerk; extending time by which property shall be made available for release; directing property owners to provide proof of title to property; requiring claimants to sign indemnification agreement under certain circumstances; requiring filing of affidavits of service or publication with the court clerk; extending date by which objections must be filed; authorizing retention of evidence or exhibits pending the outcome of actions for postconviction relief; authorizing government entities to seek a hearing regarding disposition of property; establishing hearing requirements; providing for the destruction of property under certain circumstances; extending time limitation for making property available to owners; providing gender-neutral language; clarifying procedures for providing receipts to defendants when money or other property is seized; and providing an effective date."
Orval Jones
City of OKC
-----Original Message-----
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Sent: Tuesday, March 25, 2025 2:30 AM
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Subject: Oama Digest, Vol 64, Issue 23
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Today's Topics:
- Unclaimed Property (Amanda Mullins)
Message: 1
Date: Mon, 24 Mar 2025 14:27:53 +0000
From: Amanda Mullins Amanda@amullinslaw.com
Subject: [Oama] Unclaimed Property
To: "OAMA@lists.imla.org" oama@lists.imla.org
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Good morning everyone, I have a situation that I would appreciate some input on: I have a municipality that arrested an individual for trafficking and possession of drug proceeds and then seized approximately $18,000. The individual was convicted and is currently in prison.
The $18,000 was never forfeited through the civil forfeiture process and, unbeknownst to me, has been sitting in our evidence room for approximately 5 years.
The City now wants the money. My thought is to file an Application to dispose of the unclaimed money and request to transfer it to the General Fund pursuant to 11 O.S. Section 34-104. The money was not stolen or embezzled therefore 22 O.S. Section 1321 does not apply.
Thank you,
Amanda
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.commailto:amanda@amullinslaw.com
Note: Privileged/Confidential information may be contained in this message and may be subject to legal privilege. Access to this e-mail by anyone other than the intended is unauthorized. If you are not the intended recipient (or responsible for delivery of the message to such person), you may not use, copy, distribute or deliver to anyone this message (or any part of its contents) or take any action in reliance on it. In such case, you should destroy this message, and notify us immediately. If you have received this email in error, please notify us immediately by e-mail or telephone and delete the e-mail from any computer. If you or your employer does not consent to internet e-mail messages of this kind, please notify us immediately. All reasonable precautions have been taken to ensure no viruses are present in this e-mail. As our company cannot accept responsibility for any loss or damage arising from the use of this e-mail or attachments we recommend that you subject these to your virus checking procedures prior to use. The views, opinions, conclusions and other information expressed in this electronic mail are not given or endorsed by the company unless otherwise indicated by an authorized representative independent of this message.
If the property was seized with a violation of the Uniform Controlled Dangerous Substances Act, then there is a set of procedures there as well. 63 O.S. section 2-503
-----Original Message-----
From: Jones, Orval E via Oama oama@lists.imla.org
Sent: Tuesday, March 25, 2025 7:09 AM
To: oama@lists.imla.org
Cc: Amanda@amullinslaw.com
Subject: [Oama] Unclaimed Property of Inmate
External Email: Use caution when opening links, attachments or responding to this email.
Section 1321 of Oklahoma Statutes Title 22 actually does apply. It applies to all property seized by police in this situation (the heading of the section is misleading).
First order of business is to locate the inmate and offer to return his property. An easy way to review the statute and recent changes from 2021 is to review Chapter 455 of Oklahoma Session Laws 2021.
"An Act relating to cities and towns; amending 11 O.S. 2011, Section 34-104, as amended by Section 1, Chapter 166, O.S.L. 2012 (11 O.S. Supp. 2020, Section 34-104), which relates to disposition of property or money; modifying process for disposing of certain property or money; specifying certain notice is required; determining whether property was seized in connection to criminal investigation; specifying entity that shall file certain application; modifying required hearing timeline; modifying certain notice requirements; specifying entity to dispose of property; clarifying process involving sale or donation to third parties; authorizing transfer of certain currency; directing certain processes for disposition of property under other circumstances; authorizing certain notice; providing notice not required for property of certain value; providing that notice is effective under certain circumstances; amending 22 O.S. 2011, Sections 1321, 1322 and 1326, which relate to the return of st olen property or money taken from defendants; clarifying hearing procedures for returning property to lawful owners; providing option of filing affidavits with the court clerk; requiring notices be sent by first-class mail; specifying when hearings shall be held; requiring the filing of proof of service or publication with the court clerk; extending time by which property shall be made available for release; directing property owners to provide proof of title to property; requiring claimants to sign indemnification agreement under certain circumstances; requiring filing of affidavits of service or publication with the court clerk; extending date by which objections must be filed; authorizing retention of evidence or exhibits pending the outcome of actions for postconviction relief; authorizing government entities to seek a hearing regarding disposition of property; establishing hearing requirements; providing for the destruction of property under certain circumstances; extending tim e limitation for making property available to owners; providing gender-neutral language; clarifying procedures for providing receipts to defendants when money or other property is seized; and providing an effective date."
Orval Jones
City of OKC
-----Original Message-----
From: oama-request@lists.imla.org oama-request@lists.imla.org
Sent: Tuesday, March 25, 2025 2:30 AM
To: oama@lists.imla.org
Subject: Oama Digest, Vol 64, Issue 23
Send Oama mailing list submissions to
oama@lists.imla.org
To subscribe or unsubscribe via email, send a message with subject or body 'help' to
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When replying, please edit your Subject line so it is more specific than "Re: Contents of Oama digest..."
Today's Topics:
- Unclaimed Property (Amanda Mullins)
Message: 1
Date: Mon, 24 Mar 2025 14:27:53 +0000
From: Amanda Mullins Amanda@amullinslaw.com
Subject: [Oama] Unclaimed Property
To: "OAMA@lists.imla.org" oama@lists.imla.org
Message-ID: <IA0PR02MB92688AA2959565129A3B305CC4A52@IA0PR02MB9268.nam
prd02.prod.outlook.com>
Content-Type: multipart/alternative; boundary="000_IA0PR02MB92688A
A2959565129A3B305CC4A52IA0PR02MB9268namp"
Good morning everyone, I have a situation that I would appreciate some input on: I have a municipality that arrested an individual for trafficking and possession of drug proceeds and then seized approximately $18,000. The individual was convicted and is currently in prison.
The $18,000 was never forfeited through the civil forfeiture process and, unbeknownst to me, has been sitting in our evidence room for approximately 5 years.
The City now wants the money. My thought is to file an Application to dispose of the unclaimed money and request to transfer it to the General Fund pursuant to 11 O.S. Section 34-104. The money was not stolen or embezzled therefore 22 O.S. Section 1321 does not apply.
Thank you,
Amanda
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.commailto:amanda@amullinslaw.com
Note: Privileged/Confidential information may be contained in this message and may be subject to legal privilege. Access to this e-mail by anyone other than the intended is unauthorized. If you are not the intended recipient (or responsible for delivery of the message to such person), you may not use, copy, distribute or deliver to anyone this message (or any part of its contents) or take any action in reliance on it. In such case, you should destroy this message, and notify us immediately. If you have received this email in error, please notify us immediately by e-mail or telephone and delete the e-mail from any computer. If you or your employer does not consent to internet e-mail messages of this kind, please notify us immediately. All reasonable precautions have been taken to ensure no viruses are present in this e-mail. As our company cannot accept responsibility for any loss or damage arising from the use of this e-mail or attachments we recommend that you subject these to your
virus checking procedures prior to use. The views, opinions, conclusions and other information expressed in this electronic mail are not given or endorsed by the company unless otherwise indicated by an authorized representative independent of this message.
Thanks everyone, I appreciate the input and guidance!
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.commailto:amanda@amullinslaw.com
Note: Privileged/Confidential information may be contained in this message and may be subject to legal privilege. Access to this e-mail by anyone other than the intended is unauthorized. If you are not the intended recipient (or responsible for delivery of the message to such person), you may not use, copy, distribute or deliver to anyone this message (or any part of its contents) or take any action in reliance on it. In such case, you should destroy this message, and notify us immediately. If you have received this email in error, please notify us immediately by e-mail or telephone and delete the e-mail from any computer. If you or your employer does not consent to internet e-mail messages of this kind, please notify us immediately. All reasonable precautions have been taken to ensure no viruses are present in this e-mail. As our company cannot accept responsibility for any loss or damage arising from the use of this e-mail or attachments we recommend that you subject these to your virus checking procedures prior to use. The views, opinions, conclusions and other information expressed in this electronic mail are not given or endorsed by the company unless otherwise indicated by an authorized representative independent of this message.
From: Ray Jones jones@lytlesoule.com
Sent: Tuesday, March 25, 2025 10:53 AM
To: Jones, Orval E orval.jones@okc.gov; oama@lists.imla.org oama@lists.imla.org
Cc: Amanda Mullins Amanda@amullinslaw.com
Subject: RE: Unclaimed Property of Inmate
If the property was seized with a violation of the Uniform Controlled Dangerous Substances Act, then there is a set of procedures there as well. 63 O.S. section 2-503
-----Original Message-----
From: Jones, Orval E via Oama oama@lists.imla.org
Sent: Tuesday, March 25, 2025 7:09 AM
To: oama@lists.imla.org
Cc: Amanda@amullinslaw.com
Subject: [Oama] Unclaimed Property of Inmate
External Email: Use caution when opening links, attachments or responding to this email.
Section 1321 of Oklahoma Statutes Title 22 actually does apply. It applies to all property seized by police in this situation (the heading of the section is misleading).
First order of business is to locate the inmate and offer to return his property. An easy way to review the statute and recent changes from 2021 is to review Chapter 455 of Oklahoma Session Laws 2021.
"An Act relating to cities and towns; amending 11 O.S. 2011, Section 34-104, as amended by Section 1, Chapter 166, O.S.L. 2012 (11 O.S. Supp. 2020, Section 34-104), which relates to disposition of property or money; modifying process for disposing of certain property or money; specifying certain notice is required; determining whether property was seized in connection to criminal investigation; specifying entity that shall file certain application; modifying required hearing timeline; modifying certain notice requirements; specifying entity to dispose of property; clarifying process involving sale or donation to third parties; authorizing transfer of certain currency; directing certain processes for disposition of property under other circumstances; authorizing certain notice; providing notice not required for property of certain value; providing that notice is effective under certain circumstances; amending 22 O.S. 2011, Sections 1321, 1322 and 1326, which relate to the return of st olen property or money taken from defendants; clarifying hearing procedures for returning property to lawful owners; providing option of filing affidavits with the court clerk; requiring notices be sent by first-class mail; specifying when hearings shall be held; requiring the filing of proof of service or publication with the court clerk; extending time by which property shall be made available for release; directing property owners to provide proof of title to property; requiring claimants to sign indemnification agreement under certain circumstances; requiring filing of affidavits of service or publication with the court clerk; extending date by which objections must be filed; authorizing retention of evidence or exhibits pending the outcome of actions for postconviction relief; authorizing government entities to seek a hearing regarding disposition of property; establishing hearing requirements; providing for the destruction of property under certain circumstances; extending tim e limitation for making property available to owners; providing gender-neutral language; clarifying procedures for providing receipts to defendants when money or other property is seized; and providing an effective date."
Orval Jones
City of OKC
-----Original Message-----
From: oama-request@lists.imla.org oama-request@lists.imla.org
Sent: Tuesday, March 25, 2025 2:30 AM
To: oama@lists.imla.org
Subject: Oama Digest, Vol 64, Issue 23
Send Oama mailing list submissions to
oama@lists.imla.org
To subscribe or unsubscribe via email, send a message with subject or body 'help' to
oama-request@lists.imla.org
You can reach the person managing the list at
oama-owner@lists.imla.org
When replying, please edit your Subject line so it is more specific than "Re: Contents of Oama digest..."
Today's Topics:
- Unclaimed Property (Amanda Mullins)
Message: 1
Date: Mon, 24 Mar 2025 14:27:53 +0000
From: Amanda Mullins Amanda@amullinslaw.com
Subject: [Oama] Unclaimed Property
To: "OAMA@lists.imla.org" oama@lists.imla.org
Message-ID: <IA0PR02MB92688AA2959565129A3B305CC4A52@IA0PR02MB9268.nam
prd02.prod.outlook.com>
Content-Type: multipart/alternative; boundary="000_IA0PR02MB92688A
A2959565129A3B305CC4A52IA0PR02MB9268namp"
Good morning everyone, I have a situation that I would appreciate some input on: I have a municipality that arrested an individual for trafficking and possession of drug proceeds and then seized approximately $18,000. The individual was convicted and is currently in prison.
The $18,000 was never forfeited through the civil forfeiture process and, unbeknownst to me, has been sitting in our evidence room for approximately 5 years.
The City now wants the money. My thought is to file an Application to dispose of the unclaimed money and request to transfer it to the General Fund pursuant to 11 O.S. Section 34-104. The money was not stolen or embezzled therefore 22 O.S. Section 1321 does not apply.
Thank you,
Amanda
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.commailto:amanda@amullinslaw.com
Note: Privileged/Confidential information may be contained in this message and may be subject to legal privilege. Access to this e-mail by anyone other than the intended is unauthorized. If you are not the intended recipient (or responsible for delivery of the message to such person), you may not use, copy, distribute or deliver to anyone this message (or any part of its contents) or take any action in reliance on it. In such case, you should destroy this message, and notify us immediately. If you have received this email in error, please notify us immediately by e-mail or telephone and delete the e-mail from any computer. If you or your employer does not consent to internet e-mail messages of this kind, please notify us immediately. All reasonable precautions have been taken to ensure no viruses are present in this e-mail. As our company cannot accept responsibility for any loss or damage arising from the use of this e-mail or attachments we recommend that you subject these to your
virus checking procedures prior to use. The views, opinions, conclusions and other information expressed in this electronic mail are not given or endorsed by the company unless otherwise indicated by an authorized representative independent of this message.