HCSD — Standard Operating Procedures

802.1 PURPOSE AND SCOPE

This policy provides for the proper collection, storage, and security of evidence and other property. Additionally, this policy provides for the protection of the chain of evidence and identifies those persons authorized to remove and/or destroy property.

802.1.1 DEFINITIONS

Definitions related to this policy include:

Property — All articles placed in secure storage within the Property Division, including the following:

• Evidence - Items taken or recovered in the course of an investigation that may be used in the prosecution of a case, including photographs and latent fingerprints.
• Found property - Items found by members of the Office or the public that have no apparent evidentiary value and where the owner cannot be readily identified or contacted.
• Safekeeping - Items received by the Office for safekeeping, such as a firearm, the personal property of an arrestee that has been not taken as evidence, and items taken for safekeeping under authority of law.

802.2 PROPERTY HANDLING

Any member who first comes into possession of any property shall retain such property in their possession until it is properly tagged and placed in the designated property locker or storage room along with the property form. Care shall be taken to maintain the chain of custody for all evidence.

Whenever property is taken or received (e.g., relinquished firearms) from an individual, a property receipt form will be completed. The receipt shall describe the property and contain a notice on how to retrieve the property, as applicable, from the Office. A copy of the property receipt form shall be given to the individual from whom the property was taken or received.

Where ownership can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The property form must be completed to document the release of property not booked and the owner shall sign the form acknowledging receipt of the items.

802.2.1 PROPERTY BOOKING PROCEDURE

All evidence shall be processed by the assigned Deputy in a timely manner. If the Deputy is unable to complete the evidence processing prior to the end of his shift, with supervisor approval, the evidence may be stored in approved temporary evidence lockers. The Deputy shall have exclusive control of the temporary evidence locker during this time. At no time shall evidence remain in the temporary evidence locker for more than 48 hours without the approval of the Deputy's immediate supervisor.

Employees booking processed evidence and property shall observe the following guidelines:

• Complete the property portion in RIMS describing each item of property separately, listing all serial numbers, owner’s name, finder's name, and other identifying information or markings.
• The evidence bag/box should be sealed with tape. The tape should be marked with the date and Deputy's initials. This should all be conducted in a way so as not to deface or damage the value of the property.
• Complete an evidence/property tag and attach it to each package or envelope in which the property is stored.
• When the property is too large to be placed in a locker, the Deputy should coordinate with their immediate supervisor and/or the Property Division Supervisor to determine suitable arrangements.

802.2.2 NARCOTICS AND DANGEROUS DRUGS

All narcotics and dangerous drugs shall be booked separately using a separate property record.

Paraphernalia as defined by Health and Safety Code § 11364 shall also be booked separately.

802.2.3 EXPLOSIVES

Deputies who encounter a suspected explosive device shall promptly notify their immediate supervisor or the Administrative Bureau. The bomb squad will be called to handle explosive-related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives.

Explosives will not be retained in the sheriff's facility. Only fireworks that are considered stable and safe and road flares or similar signaling devices may be booked into property. All such items shall be stored in proper containers and in an area designated for the storage of flammable materials. The Property Technician is responsible for transporting to the Fire Department, on a regular basis, any fireworks or signaling devices that are not retained as evidence.

802.2.4 EXCEPTIONAL HANDLING

Certain property items require a separate process. The following items shall be processed in the described manner:

• Bodily fluids such as blood or semen stains shall be air dried prior to booking.
• License plates found not to be stolen or connected with a known crime, should be released directly to the [property officer], or placed in the designated container for return to the Department of Motor Vehicles. No formal property booking process is required.
• All bicycles and bicycle frames require a property record. Property tags will be securely attached to each bicycle or bicycle frame. The property may be released directly to the [property officer], or placed in the bicycle storage area until a [property officer] can log the property.
• All cash shall be counted in the presence of a supervisor and the envelope initialed by the [officer deputy] and the supervisor. The Duty Officer shall be contacted for cash in excess of $1,000 for special handling procedures.

[County] property, unless connected to a known criminal case, should be released directly to the appropriate [County] department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner.

802.2.5 RELINQUISHED FIREARMS

Individuals who relinquish firearms who are subject to the relinquishment provisions of Penal Code § 29810(a)(1) shall be issued a receipt that describes the firearm, the serial number, or other identification of the firearm at the time of relinquishment (Penal Code § 29810).

Relinquished firearms shall be retained for 30 days, after which time they may be destroyed, retained, sold, or otherwise transferred, unless (Penal Code § 29810):

• A certificate is issued by a judge of a court of record or the District Attorney stating the firearms shall be retained; or
• The convicted person provides written notice of an intent to appeal the conviction that necessitated the relinquishment; or
• The Automated Firearms System indicates that the firearm was reported lost or stolen.

1. In such event, the firearm shall be restored to the lawful owner as soon as it is no longer needed as evidence, the lawful owner has identified the weapon and provided proof of ownership, and the Office has complied with the requirements of Penal Code § 33850 et seq.

The Property Technician shall ensure the Records Manager is notified of the relinquished firearm for purposes of updating the Automated Firearms System and the disposition of the firearm for purposes of notifying the California Department of Justice (DOJ) (see the Records Division Policy).

802.3 PACKAGING OF PROPERTY

Certain items require special consideration and shall be booked separately as follows:

• Narcotics and dangerous drugs
• Firearms (ensure they are unloaded and booked separately from ammunition)
• Property with more than one known owner
• Paraphernalia as described in Health and Safety Code § 11364
• Fireworks
• Contraband

802.3.1 PACKAGING CONTAINER

Employees shall package all property, except narcotics and dangerous drugs in a suitable container available for its size. Knife boxes should be used to package knives, and syringe tubes should be used to package syringes and needles.

A property tag shall be securely attached to the outside of all items or group of items packaged together.

802.3.2 PACKAGING NARCOTICS

Absent extenuating circumstances the deputy seizing narcotics and dangerous drugs shall retain such property in his/her possession until it is properly weighed, packaged, tagged, and placed in an evidence locker. Prior to packaging and if the quantity allows, a presumptive test should be made on all suspected narcotics. If conducted, the results of this test shall be included in the deputy's report.

Narcotics and dangerous drugs shall be packaged appropriately regarding size/type of bag/ container. The booking deputy shall initial the sealed package and the initials/date covered with cellophane tape. Narcotics and dangerous drugs shall not be packaged with other property.

802.4 RECORDING OF PROPERTY

The Property Technician receiving custody of evidence or property shall record his/her signature, the date and time the property was received and where the property will be stored on the property control card.

A property number shall be obtained for each item or group of items. This number shall be recorded on the property tag and the property control card.

Any changes in the location of property held by the Hartwell County Sheriff’s Department shall be noted in the property logbook.

802.5 PROPERTY CONTROL

Each time the Property Technician receives property or releases property to another person, he/ she shall enter this information on the property control card. Deputies desiring property for court shall contact the Property Technician at least one day prior to the court day.

802.5.1 RESPONSIBILITY OF OTHER PERSONNEL

Every time property is released or received, an appropriate entry on the evidence package shall be completed to maintain the chain of evidence. No property or evidence is to be released without first receiving written authorization from a supervisor or detective.

Request for analysis for items other than narcotics or drugs shall be completed on the appropriate forms and submitted to the Property Technician. This request may be filled out any time after booking of the property or evidence.

802.5.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY

The transporting employee will check the evidence out of property, indicating the date and time on the property control card and the request for laboratory analysis.

The Property Technician releasing the evidence must complete the required information on the property control card and the evidence. The lab forms will be transported with the property to the examining laboratory. Upon delivering the item involved, the deputy will record the delivery time on both copies, and indicate the locker in which the item was placed or the employee to whom it was delivered. The original copy of the lab form will remain with the evidence and the copy will be returned to the Records Division for filing with the case.

802.5.3 STATUS OF PROPERTY

Each person receiving property will make the appropriate entry to document the chain of evidence. Temporary release of property to deputies for investigative purposes, or for court, shall be noted on the property control card, stating the date, time, and to whom released. The Property Technician shall obtain the signature of the person to whom property is released and the reason for release. Any member receiving property shall be responsible for such property until it is properly returned to property or properly released to another authorized person or entity.

The return of the property should be recorded on the property control card, indicating date, time, and the person who returned the property.

Property Release

802.5.4 AUTHORITY TO RELEASE PROPERTY

The Major Crimes Bureau shall authorize the disposition or release of all evidence and property coming into the care and custody of The Office of The Sheriff.

802.5.5 RELEASE OF PROPERTY

All reasonable attempts shall be made to identify the rightful owner of found property or evidence not needed for an investigation.

Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be signed by the authorizing supervisor or detective and must conform to the items listed on the property form or must specify the specific item(s) to be released. Release of all property shall be documented on the property form.

With the exception of firearms and other property specifically regulated by statute, found property and property held for safekeeping shall be held for a minimum of 90 days. During such period, property personnel shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. Property not held for any other purpose and not claimed within 90 days after notification (or receipt, if notification is not feasible) may be auctioned to the highest bidder at a properly published public auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final disposition of all such property shall be fully documented in related reports.

A Property Technician shall release the property upon proper identification being presented by the owner for which an authorized release has been received. A signature of the person receiving the property shall be recorded on the original property form. After release of all property entered on the property control card, the card shall be forwarded to the Records Division for filing with the case. If some items of property have not been released, the property card will remain with the Property Division. Upon release, the proper entry shall be documented in the Property Log.

Under no circumstances shall any firearm, magazine, or ammunition be returned to any individual unless and until such person presents valid identification and written notification from the California Department of Justice that conforms to the provisions of Penal Code § 33865.

The Property Division Supervisor should also make reasonable efforts to determine whether the person is the subject of any court order preventing the person from possessing a firearm and, if so, the firearm should not be released to the person while the order is in effect.

The Office of The Sheriff is not required to retain any firearm, magazine, or ammunition longer than 180 days after notice has been provided to the owner that such items are available for return. At the expiration of such period, the firearm, magazine, or ammunition may be processed for disposal in accordance with applicable law (Penal Code § 33875).

802.5.6 DISPUTED CLAIMS TO PROPERTY

Occasionally more than one party may claim an interest in property being held by the Office of The Sheriff, and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a valid court order or other undisputed right to the involved property.

All parties should be advised that their claims are civil and in extreme situations, legal counsel for the Office of The Sheriff may wish to file an interpleader to resolve the disputed claim (Code of Civil Procedure § 386(b)).

802.5.7 RELEASE OF FIREARMS IN DOMESTIC VIOLENCE MATTERS

Within five days of the expiration of a restraining order issued in a domestic violence matter that required the relinquishment of a firearm or ammunition, the Property Technician shall return the weapon or ammunition to the owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met, unless the firearm or ammunition is determined to be stolen, evidence in a criminal investigation, another successive order has been issued against the individual, or the individual is otherwise prohibited from possessing a firearm (Family Code § 6389(g); Penal Code § 29825.5; Penal Code § 33855).

802.5.8 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS

Firearms, other deadly weapons, or ammunition confiscated or relinquished from an individual detained for an evaluation by a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 shall be released or disposed of as follows:

• If a petition for a hearing regarding the return of a firearm or a weapon has been initiated pursuant to Welfare and Institutions Code § 8102(c), the firearm or weapon shall be released or disposed of as provided by an order of the court. If the court orders a firearm returned, the firearm shall not be returned unless and until the person presents valid identification and written notification from the California Department of Justice (DOJ) that conforms to the provisions of Penal Code § 33865.
• If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c) and the firearm or weapon is not retained as evidence, the Office shall make the firearm or weapon available for return. No firearm will be returned unless and until the person presents valid identification and written notification from the California DOJ that conforms to the provisions of Penal Code § 33865.
• Unless the person contacts the Office to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not returned should be sold, transferred, destroyed, or retained as provided in Welfare and Institutions Code § 8102.

802.5.9 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS

Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order, verification that the person is not otherwise legally prohibited from possessing a firearm, and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18108; Penal Code § 18120).

If the restrained person who owns the firearms or ammunition does not wish to have the firearm or ammunition returned, they are entitled to sell or transfer title to a licensed dealer, provided that the firearms or ammunition are legal to own or possess and the restrained person has right to title of the firearms or ammunition (Penal Code § 18120). If a person other than the restrained person claims title to the firearms or ammunition surrendered pursuant to Penal Code § 18120 and the Hartwell County Sheriff’s Department determines the person to be the lawful owner, the firearms or ammunition shall be returned in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120).

Firearms and ammunition that are not claimed are subject to the requirements of Penal Code § 34000.

802.5.10 RELEASE OF FIREARMS, MAGAZINES, AND AMMUNITION

The Office of The Sheriff shall not return any firearm, magazine, or ammunition taken into custody to any individual unless all requirements of Penal Code § 33855 are met.

802.6 DISPOSITION OF PROPERTY

All property not held for evidence in a pending criminal investigation or proceeding, and held for six months or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The disposition of all property shall be appropriately documented.

The Property Technician shall request a disposition or status on all property which has been held in excess of 120 days, and for which no disposition has been received from a supervisor or detective.

802.6.1 EXCEPTIONAL DISPOSITIONS

The following types of property shall be destroyed or disposed of in the manner, and at the time prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction:

• Weapons declared by law to be nuisances (Penal Code § 25700; Penal Code § 26110; Penal Code § 26395; Penal Code § 29300; Penal Code § 18010; Penal Code § 32750)
• Animals, birds, and related equipment that have been ordered forfeited by the court (Penal Code § 599a)
• Counterfeiting equipment (Penal Code § 480)
• Gaming devices (Penal Code § 335a)
• Obscene matter ordered to be destroyed by the court (Penal Code § 312)
• Altered vehicles or component parts (Vehicle Code § 10751)
• Narcotics (Health and Safety Code § 11474 et seq.)
• Unclaimed, stolen, or embezzled property (Penal Code § 1411)
• Destructive devices (Penal Code § 19000)
• Sexual assault evidence (Penal Code § 680)

802.6.2 UNCLAIMED MONEY

If found or seized money is no longer required as evidence and remains unclaimed after three years, the Office of The Sheriff shall cause a notice to be published each week for a period of two consecutive weeks in a local newspaper of general circulation (Government Code § 50050). Such notice shall state the amount of money, the fund in which it is held and that the money will become the property of the agency on a designated date not less than 45 days and not more than 60 days after the first publication (Government Code § 50051).

Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name is unknown, which remains unclaimed for a year or by order of the court, may be transferred to the general fund without the necessity of public notice (Government Code § 50055).

If the money remains unclaimed as of the date designated in the published notice, the money will become the property of this office to fund official law enforcement operations. Money representing restitution collected on behalf of victims shall either be deposited into the Restitution Fund or used for purposes of victim services.

802.6.3 RETENTION OF BIOLOGICAL EVIDENCE

The Property Division Supervisor shall ensure that no biological evidence held by the Office of The Sheriff is destroyed without adequate notification to the following persons, when applicable:

• The defendant
• The defendant’s attorney
• The appropriate prosecutor and Attorney General
• Any sexual assault victim
• The Major Crimes Division supervisor Biological evidence shall be retained for either a minimum period that has been established by law (Penal Code § 1417.9) or that has been established by the Property Division Supervisor, or until the expiration of any imposed sentence that is related to the evidence, whichever time period is greater. Following the retention period, notifications should be made by certified mail and should inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on the Office of The Sheriff within 180 days of the date of the notification. A record of all certified mail receipts shall be retained in the appropriate file. Any objection to, or motion regarding, the destruction of the biological evidence should be retained in the appropriate file and a copy forwarded to the Major Crimes Bureau commander.

Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Sheriff and the head of the applicable prosecutor’s office.

Biological evidence or other crime scene evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations and shall be retained as required in Penal Code § 680. Even after expiration of an applicable statute of limitations, the Major Crimes Bureau supervisor should be consulted and the sexual assault victim shall be notified at least 60 days prior to the disposal (Penal Code § 680). Reasons for not analyzing biological evidence shall be documented in writing (Penal Code § 680.3).

802.6.4 DESTRUCTION OF FIREARMS AND OTHER WEAPONS

The Property Division supervisor or the authorized designee shall develop and maintain guidelines and procedures relating to the destruction of firearms and other weapons that includes but is not limited to the following (Penal Code § 18005):

• Identification of firearms and other weapons that need to be destroyed
• Maintenance of records of firearms and other weapons that need to be destroyed, including entry into the Automated Firearms System, as applicable, and records of the destruction and disposal of those firearms and other weapons
• Identification of any law enforcement agency that the Office contracts with or has an agreement with related to the storage or destruction of firearms or other weapons that outlines the responsibilities of this office and the other agency

1. If the Office contracts with a third-party for destruction of firearms or other weapons, the contract must explicitly prohibit the sale of any firearm or weapon or any part or attachment to the firearm or weapon.

The Property Division supervisor or the authorized designee should ensure guidelines and procedures relating to the destruction of firearms and other weapons are posted on the Hartwell County Sheriff’s Department website (Penal Code § 18005).

802.8 INSPECTIONS, INVENTORIES, AND AUDITS

The Office requires periodic and event-specific inspections, audits, and inventories of the Property Division, with results documented and forwarded to the Sheriff. Such inspections, audits, and inventories shall include but are not limited to:

• On a monthly basis, the Property Division supervisor or the authorized designee shall make an inspection of the property storage facilities and practices to ensure adherence to appropriate policies and procedures.
• Unannounced inspections of property storage areas shall be conducted annually as directed by the Sheriff.
• An annual audit of property held by the Office shall be conducted by a Division Commander (as appointed by the Sheriff) not routinely or directly connected with property control.
• Whenever a change is made in a Property Technician, Property Division supervisor, or Sheriff or there is any indication or suspicion of a breach of the Property Division repository, an inventory of all property shall be made by an individual not associated with the Property Division or function to ensure that records are correct and all property is accounted for.

802.8.1 ANNUAL AUDIT REQUIREMENTS

The annual audit shall include a sampling of both random and high-risk items (e.g., firearms, narcotics, currency, items of evidentiary value in homicides or other major crimes). All property storage facilities and all categories of evidence and other property should be subject to review over time.

The number of items audited should be based on the total number of items in the office's custody as follows:

• 5,000 items or fewer: Audit at least 50 items, including at least 25 high-risk.
• Between 5,001 and 50,000 items: Audit at least 150 items, including at least 100 high-risk.
• More than 50,000 items: Audit at least 300 items, including at least 200 high-risk.

802.8 POLICY

It is the policy of the Hartwell County Sheriff’s Department to process and store all property in a manner that will protect it from loss, damage, or contamination, while maintaining documentation that tracks the chain of custody, the location of property, and its disposition.

802.9 PROPERTY DIVISION SECURITY

The Property Division shall maintain secure storage and control of all property in the custody of this office. A Property Technician shall be appointed by and will be directly responsible to the Major Crimes Bureau Commander or the authorized designee.

The Property Technician is responsible for the security of the Property Division and shall implement enhanced security measures to safeguard high-risk and valuable items (e.g., firearms, narcotics, money, jewelry).

Records Division