Police Department Policy

04-10 (Rev 6-09)_Property and Money Return and Release Pr_2483-12262019

Sacramento County Sheriff

Policy Text
CORRECTIONAL SERVICES Page 1 of 5 4/10 (REV 6/09) MJ/RCCC OPERATIONS ORDER Property and Money Return and Release Procedures The purpose of this Order is to standardize procedures for proc essing property releases of prisoner property at the Main Jail and at the Rio Cosumnes Correctional Center (RCCC) in accordance with California Government Code 26640 and 26641. For the purposes of this order, the term “property” includes stored pro perty, cell / tank property, jewelry, and money unle ss otherwise specified. I. Release from Custody - Proper ty & Money Return & Release Pro cedures A. For prisoners being released from custody, all of the prison er’s property and money will be delivered to the releasing officer. The relea sing officer shall return all of the property and money to the prisoner in a ccordance with Operations Order 4 /09-Release Procedures unless a court order dictates otherwise. B. For prisoners being transferr ed to another agency’s custody, t h e prisoner’s property and money shall be delivered to the receivi ng agency. The prisoner’s clothing will ei ther be worn by the prisoner or taken by the receiving agency upon transfer. The transporting officer will s ign for the property on the “Property and Clothing Record” (PCR) form, whic h will be placed in the prisoners file system. 1. All prisoner property MUST transfer with the prisoner per US Government Code section 26641. 2. A prisoner shall not be transfe rred without his/her personal articles. If the transport officer refuses to accept or sign for the pris oner’s property, custody staff shall imm ediately notify a facility sup ervisor. C. Any discrepancies regarding the prisoner’s property or its t ransfer will be brought to the attention of a facility supervisor. D. Any missing property and/or c laims against the County of Sac ramento will be processed in accordance with O perations Order 4/12, Missing Property and Property Claims. CORRECTIONAL SERVICES Page 2 of 5 4/10 (REV 6/09) MJ/RCCC II. Release of Property While in Custody A. Prisoners may direct the release of his/her personal propert y, cell/tank property once per custody period. Additio nal property release requests require a custody supervisor’s approval. 1. Custody staff shall not release property that has been order ed by a magistrate or confiscated for evidence. 2. As a general rule, either all of the prisoner’s property or none of the prisoner’s property will be released. Custody staff may release individual items within the pro perty bag at the direction of th e booking supervisor. Any individual pieces of property released will be listed on the proper ty release form and on the PCR form. a. Exception: Legal paperwork m ay be released at any time. B. Any time a property release is requested, a Property Release Form shall be completed by custody staff. The form will include the printe d name of the person receiving the property. The fo llowing steps outline t h e procedures for releasing property: 1. The prisoner will be given t he option to release property. T he prisoner will sign the Property R elease Form to authorize the release of the property to the per son identified on the Propert y Release Form. The authorization or refusal will be clearly indi cated on the Property Release Form. 2. Custody staff shall witne ss and sign the Property Release Fo rm after the prisoner signs the form, providing name and badge number on the Property Release Form. 3. If the prisoner authorizes t he release of the property, cust ody staff shall have the person identified on the Property Release Form s ign and date the form upon receipt of the property. a. Custody staff witnessing the property release will verify th e identification of the person re ceiving the property before having the person sign and date the Property Release Form. A copy of the completed Property Release Form with the property recipient’s original si gnature shall be attached to th e PCR form or placed in the prisoner’s file. 4. If the prisoner refuses the release of property, the signed Property Release Form indicating refusal to release property shall be attached to the PCR form or p laced in the prisoner’s file. CORRECTIONAL SERVICES Page 3 of 5 4/10 (REV 6/09) MJ/RCCC C. Prisoners will not have direct access to his/her stored prop erty while incarcerated except as approved by a sworn supervisor or to ret rieve legal material. Any retrieval of mat erials from stored property will be properly documented on the PCR form. III. Release of Inmate Funds While in Custody A. Prisoners may direct the release of his/her funds once per c ustody period and will be limited to releasing the funds that were deposited onto the inmate’s trust account at the time of arrest. The process for r eleasing money will be the same as for rel easing property except that th e Property Release form will be routed to the Inmate Welfare Fund Supervis or for approval. 1. The amount of money requested to be released shall be documented on the release form. 2. The Inmate Welfare Fund Supervisor shall have the authority to approve or deny the release of the funds based upon the inmate’ s trust account history and if any funds are owed. 3. If the inmate has

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