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PROPERTY - RELEASE C-450 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE PROPERTY RELEASE NO: C-450 FILE: PROPERTY — RELEASE EFFECTIVE DATE: 04-29-91 REVISED: 08-10-92, 12-25-94, 05-05-96, 09-01-98 04-01-00, 07-01-01, 08-01-02, 08-01-11 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Government Code Section 26640; and Fresno County Sheriff's Office Policies and Procedures Section 102. PURPOSE: The purpose of this policy is to establish and maintain a consistent method for releasing inmate property. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that an inmate may release any or all of their money to a third party, as directed by the inmate, but only those funds which the inmate had in their possession at the time of the inmate's booking. It is the policy of the Fresno County Sheriffs Office Jail Division that each inmate may release any or all portion of their personal property to a third party that they so designate. Clothing is not normally released, unless the inmate is scheduled to go enroute to prison. PROCEDURES: I. RELEASE OF INMATE PROPERTY — TO THE INMATE A. When an inmate is released from custody, their money and property will be returned to them. B. The Lobby Officer shall return the inmate's personal property and money, and ensure: 1. The inmate property envelope is completely empty of its contents, and that all items listed were included in the envelope. 2. The inmate shall sign the appropriate documents, acknowledging receipt of their property (i.e., the property envelope and the money receipt). Page 1 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE PROPERTY RELEASE NO: C-450 FILE: PROPERTY — RELEASE a. The Inmate Property Envelope shall be signed in the appropriate space on the bottom of the envelope. b. The money Release Receipt shall be signed using either the electronic signature pad, or on a printed copy (which must then be scanned). c. Inmates who have bulk property shall initial the back of both portions of the property tag indicating that they received the property. Both portions of the property tag shall then be securely attached to the property envelope. C. The Lobby Officer shall ensure the following screens are modified: 1. Retrieve the inmate's PROPERTY screen ( 0 icon). a. Select the appropriate ITEM # (i.e., Booking Property Bag). b. Select CHANGE STATUS and modify the STATUS field to "Released to Inmate" 2. Retrieve the inmate's TRUST ACCOUNTING screen ( !8 icon). a. Select REPRINT RECEIPT, which will retrieve the RELEASE RECEIPT screen. Select CLICK TO SIGN and instruct the inmate to sign on the electronic signature pad. Select ACCEPT. Save the file (FILE, SAVE) and print a copy (FILE, PRINT). b. If the electronic signature pad is not functioning, instruct the inmate to sign the printed copy. It will then be necessary to scan the signed copy into the inmate's records. D. The empty property envelope shall be photocopied (for ease of scanning), then scanned and attached to the inmate's records. II. DISCREPANCY IN THE CONTENT OF A PROPERTY ENVELOPE A. If there is a discrepancy between the content of the property envelope and the written inventory on the front, the discovering officer shall: 1. Notify the Sergeant assigned to supervise Records. 2. Write an incident report noting the discrepancy. Page 2 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE PROPERTY RELEASE NO: C-450 FILE: PROPERTY — RELEASE 3. Modify the inmate's PROPERTY screen and note the discrepancy in the COMMENTS field. B. If the discrepancy appears to be the Jail Division's error, a Lost Property Claim form shall be given to the inmate for completion. The completed Lost Property Claim will be accepted and signed by the Records Sergeant and forwarded to the appropriate Watch Commander for investigation and recommendation. C. If the discrepancy is determined not to be the Jail Division's error, the inmate shall be directed to report their claim to the arresting and/or transporting agency. III. PROPERTY RELEASE AUTHORITY SLIP Whenever a person enters the Lobby and requests to have an inmate's property released to them, a Property Release Authority(J-27) form shall be initiated by the Lobby Officer. A. The requesting person's valid identification shall be confirmed and documented on the Property Release Authorityform.Acceptable forms of identification are limited to: 1. A valid DMV or other State-issued Driver's License or Identification Card with picture. 2. A valid United States Armed Forces identification card with picture. 3. A valid Passport with picture. 4. Foreign consulate picture identification cards (e.g., Matricula Consular de alta Seguridad (MCAS) issued by the Mexican Consulate). 5. Identification card issued by the United States Department of Justice or the U.S. Citizenship & Immigration Services with picture (includes Permanent Resident Cards—formerly known as Alien Registration or "Green" Card). NOTE: Check cashing cards, temporary licenses and foreign licenses are not acceptable as proper identification. B. A checkbox shall be marked on the Property Release Authority form to indicate the type of property to be released (e.g., money, clothing, etc). While not required, the inmate is encouraged to release all of their Page 3 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE PROPERTY RELEASE NO: C-450 FILE: PROPERTY — RELEASE property at one time. C. The form shall be forwarded to the inmate for their signature/ authorization. D. Prior to opening an inmate's property envelope, the distributing officer shall ensure that another officer is present to witness the transaction (e.g., Lobby Officer). IV. INMATE PROPERTY RELEASE — TO ANOTHER INDIVIDUAL A. The Lobby Officer shall ensure that the Property Release Authority form has been signed by both the inmate and the receiving person. The receiving person must also indicate their address and telephone number, provide identification and have their photograph taken. B. The Lobby Officer shall notify the appropriate staff of the pending property release- 1. Notify the Money/Property Officer to retrieve the property envelope, if applicable. Provide the filing location (listed in the PROPERTY#field on the PROPERTY screen; the first letter of the last name, followed by the last two digits of the booking number). 2. Notify the Clothing Officer to retrieve the inmate's clothing and/or bulk property, if applicable. Provide the inmate's rack number(listed in the RACK # field on the PROPERTY screen. Once the Clothing Officer retrieves the clothing, they shall be responsible to modify the RACK# to "rknone" and change the STATUS to "Released to Lobby" C. The releasing officer shall release the property and modify the inmate's PROPERTY screen(s). 1. Select the appropriate ITEM# (e.g., Personal Clothing, Booking Property Bag) and click on the "edit" button ( icon). 2. Make a notation in the COMMENTS section, indicating that the inmate's property was released (e.g., (date), (type of property) released to (recipient's name), (recipient's ID), (officer's computer number)") and "save" (61 icon). 3. Select CHANGE STATUS and modify the STATUS field to "Released to Other". NOTE: When modifying Personal Clothing screens, ensure that the RACK # field has been changed to "rknone" before completing the Page 4 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE PROPERTY RELEASE NO: C-450 FILE: PROPERTY — RELEASE transaction. 4. If more than one type of property was released (e.g., Personal Clothing, Bulk Property only, etc.), the process shall be repeated for each ITEM#. D. The Property Release Authority form shall be signed by the releasing officer and scanned into the inmate's records. V. INMATE MONEY RELEASE A. An inmate may release any or all of their money to a third party, as directed by the inmate, but only those funds which the inmate had in their possession at the time of the inmate's booking. The release shall require the notification and authorization of the Records Sergeant. B. The Lobby Officer shall ensure that the Property Release Authority form has been signed by both the inmate and the receiving person. The receiving person must also indicate their address and telephone number, provide identification and have their photograph taken. C. The Lobby Officer shall notify the Money/Property Officer if the pending money release is a large amount. D. The Money/Property Officer shall release the money and modify the inmate's TRUST ACCOUNTING screen. 1. Select NEW, then PURCHASE, and enter the AMOUNT to be released. 2. In the DESCRIPTION field, enter the name and identification of the recipient, along with the name of the Sergeant who authorized the transaction. 3. The PURCHASE TYPE = PURCHASE. Select CASH WITHDRAWAL. Enter the name and identification of the recipient, along with the name of the Sergeant who authorized the transaction in the COMMENTS section and "save" (61 icon). NOTE: It is not necessary to print the receipt, nor should a copy be given to the recipient, as it discloses the inmate's balance. E. Monies deposited to an inmate's account subsequent to booking shall not be released to a third party. Exceptions may only be made for exigent circumstances, with the approval of the Watch Commander. Page 5 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE PROPERTY RELEASE NO: C-450 FILE: PROPERTY — RELEASE VI. RETRIEVING APPROPRIATED PROPERTY FOR THE INMATE Occasionally, items are placed into an inmate's personal property by a transporting officer that the inmate should have been allowed to keep (e.g., telephone numbers, addresses, legal documents, etc.). Upon the inmate's request, personal items may be removed from the inmate's property bag and returned to the inmate. A. The removal of any item may only be performed by a Sergeant. B. A Property Release Authority form shall be initiated, signed bythe inmate, and scanned into the inmate's records. C. If the item is listed on the property bag, the Sergeant shall indicate that the item was removed and the Sergeant shall write their initials and computer number beside the listed item. D. If the item was listed on the PROPERTY screen, the Sergeant shall ensure that the removal of the item is indicated in the COMMENTS section of the inmate's PROPERTY screen. VI I. RETRIEVING INMATE IDENTIFICATION FOR OFFICIAL BUSINESS Occasionally, an inmate's driver's license may be required as identification for official business (e.g., acceptance into a program). When necessary, a Sergeant shall be responsible to remove the item of identification and ensure its secure return. Notations shall be made on the inmate's property bag and the PROPERTY screen, as appropriate. Vill. SEARCH OR SEIZURE OF INMATE PROPERTY Inmates shall have no expectation of privacy regarding any personal property they possess in their cells or with regard to their personal clothing and property stored in compliance with Jail policies. Searches may be made by any law enforcement agency without a search warrant. (Refer to policy C-455/Inmate Property Search and Seizure (FILE: SEARCH AND SEIZURE). Page 6 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE PROPERTY RELEASE NO: C-450 FILE: PROPERTY — RELEASE IX. INMATES GOING ENROUTE TO PRISON Inmates who are scheduled for transfer to state prison shall be strongly encouraged to release all of their personal effects such as clothing and property to a third party before they are transported to prison. A list of the items that CDC will allow the inmates to retain is located in the Inmate Orientation Handbook, under CDC PROPERTY ADVISORY (Policy and Procedure Section E-410/FILE: HANDBOOK). X. PROVISION FOR INMATES TO RELINQUISH THEIR JAIL POSSESSIONS A. In order to accommodate the inmate's ability to release their personal belongings, or to reduce the amount of personal belongings in the cell, it may be necessary to transfer the inmate's personal possessions into a bulk property bag. B. Any excess property and/or personal effects that the inmate wants to release may be placed into a brown paper bag. The receiving officer(i.e., floor officer) shall be responsible to: 1. Seal the bag with evidence tape. 2. Complete a property tag. The top portion shall be securely attached to the bulk property bag. 3. Ensure the property bag is taken to the Clothing Room to be stored. 4. Ensure that the bottom portion of the tag is delivered to the Money/Property Officer, who will be responsible to attach it to the inmate's property envelope in the Records Property Room. 5. Modify the inmate's PROPERTY screen. Ensure that the property tag number is listed on the PROPERTY screen in the BULK PROPERTY# field, and a notation made in the COMMENTS section. Page 7 of 7