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RESTITUTION E-210 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RESTITUTION FOR DAMAGES TO COUNTY PROPERTY NO: E-210 FILE: RESTITUTION EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 03-01-01 AUTHORITY: Sheriff M. Mims APPROVED BY: Captain D. Papagni REFERENCE: Penal Code Section 4600. PURPOSE: The purpose of this policy is to establish and maintain a consistent method for collecting restitution for intentional damage to County property by inmates,through the Small Claims Court process. POLICY: It is the policy of the Fresno County Sheriffs Department Detention Bureau to handle damage claims to County property through the Small Claims Court process and attempt to retrieve the cost of the repairs from the inmate. PROCEDURES: I. DETECTION OF DAMAGE TO COUNTY PROPERTY A. When significant damage to Detention Bureau property is detected, it shall be investigated and all necessary documentation shall be completed. Documentation shall include, but not be limited to: 1. An incident report 2. A crime report 3. Identification Bureau photographs 4. The collection of physical evidence Page 1 of 2 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RESTITUTION FOR DAMAGES TO COUNTY PROPERTY NO: E-210 FILE: RESTITUTION B. The reports shall be forwarded to the appropriate Watch Commander. C. The Detention Support Bureau Commander shall review the reports and determine if the damage was intentional, and whether a small claims action is appropriate. II. SMALL CLAIMS COURT FILING A. When it is determined that a small claims action is appropriate, copies of all reports and evidence shall be forwarded to the Fresno County Revenue Reimbursement Bureau for processing. B. The Detention Support Bureau Commander will coordinate with Revenue Reimbursement staff members to provide the necessary follow up information and support. C. If a favorable judgment is received in Small Claims Court, a Writ of Attachment shall be processed through the Fresno County Sheriffs Department Civil Bureau. D. Once the Writ of Attachment has been served, a designated staff member from the Detention Support Bureau will be assigned to attach all funds held in trust for the inmate, now and in the future, or until the debt is cleared. E. All funds collected shall be deposited into the Inmate Welfare Fund. F. This action shall have no effect upon, nor shall it be affected by, any other disciplinary or criminal actions taken by Detention Bureau Administrators in relation to the incident. Page 2 of 2