(1) If an item is in the possession of a county sheriff's office pursuant to a misdemeanor criminal investigation or court case, it shall be retained for a period of thirty (30) days after: The investigation for which it is being held has closed; or
(2) If the investigation results in a criminal prosecution, the date of the final judgment if there is no appeal of the conviction to circuit court.
(3) A noncontraband item shall be returned to its owner.
(4) The county sheriff shall petition the district court for the disposal or destruction of contraband or an item that an owner has not claimed.