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HomeMy WebLinkAboutMINUTES - 01081991 - 1.82 TO: BOARD OF SUPERVISORS Contra FROM: Richard K. Rainey, Sheriff-Coroner Costa DATE: December 20; , 1990 County SUBJECT: procedure to be followed when a jail inmate's personal property is lost or damaged while incustody. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION The 'recommendation is to approve a policy and procedure for compensating jail inmates for loss of or damage to their personal property as outlined in the attachment: Martinez Detention Facility Manual Chapter #2, Section 6. When the loss is $250 or less, the reimbursement will be from "Detention Center other Special Departmental Expenses. A claim must be submitted to the Board of Supervisors for reimbursement over $250. BACKGROUND While inmates are incustody in one of the county's detention facilities, they have occasion to suffer loss of or damage to their personal property for which the county is responsible. Utilizing this proposed procedure 53 claims have been processed in the last two months time. 27 (51%) claims were denied, 22 (41%) claims received partial payment and 4 (7.5%) claims were paid in full. The previous procedure directed all claims to the Clerk of the Board of Supervisors. The claims were then referred to County Counsel, who referred them to Risk Management. Risk Management then contacted the jail for an investigation and information. An average of $2,000-$3,000 was paid in claims per year and resulted in a large backlog of claims going to small claims actions. These claims were always_ lost for the full amount of the claim. The previous procedure involved a minimum of two people at Risk Management investing time without access to information from booking files or jail records. An average minimum of 4 hours per week was spent by the Detention Service Worker Supervisor and 8 hours weekly by the D.S.W. Director research- ing bookings, microfilm records, answering phone calls and writing corres- pondence. No policy other than the. statutory claims procedure exists for reimbursement for the loss of or damage to jail inmates' personal property. This policy establishes, through Government Code Section 31000.8, a procedure to assist in controlling losses and damages -and reduces the level of administra- tive involvement when small financial amounts are involved. The County Hospital currently has implemented a similar policy,. which ;isworking ver fficiently. ;— CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO OF BOARD COMMI E APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE F SUPERVISORS d UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. g CC: County Administrator ATTESTED JAN 8 1991 Clerk of the Board Phil Batche!or, Clerk of the Board of Risk Management Supervisors and County Administratot County counsel. . Sheriff i M382/7-e5 BY ; DEPUTY TO: Board of Supervisors FROM: Richard K. Rdiney, Sheriff-Coroner DATE: December 20, 1990 PAGE - 2 FINANCIAL IMPACT All claims regardless of the amount will be investigated and the amount of the claim determined prior to leaving the detention facility resulting in a substantial savings of management time alone. Small claim dollar loss will be reduced because of better documentation. Claims processed by this new procedure show that 68% of the claims for loss can be handled within the Detention Division of the Sheriff's Department without routing through the Board of Supervisors, County Counsel, Risk Management and back to the jail. CONSEQUENCES OF NEGATIVE ACTION The consequences of negative action would be a continued waste of administrative and management hours. Therefore, be it by the Board resolved that for the above reasons, adoption of this procedure would result in savings of administrative time and dollar amount of claims paid. -- 8ti CONTRA COSTA COUNTY Number 2-6 DETENTION DIVISION Effective 11-1-90 Replaces 9-30-86 POLICIES AND PROCEDURES SUBJECT LOST/MISSING INMATE PROPERTY CLAIMS POLICY All claims for lost/missing inmate property will be investigated and documented to ensure the property is located and returned, or, in the event property is not located, the claim will be settled quickly and fairly. REFERENCE C.A.C. - 2-5351 Government Code - 26640 &31000 . 8 DEFINITION Claims Package - A copy of the incident report any applicable inmate receipt or release forms, inmate booking form, other relevant information from booking and supplemental report form by Director of Support Services stating action taken and recommendations . PROCEDURE 1 INITIAL LOST/MISSING INMATE PROPERTY INQUIRIES 1 . Lost/missing inmate property inquiries will be handled by the Processing Sergeant or designee, whenever possible, prior to forwarding the inci- dent report to the Director of Support Services . . No telephone claims will be taken unless specifically authorized by the Process Sergeant. Inmates will sign only for those items returned, i .e. , should all the inmate' s personal property be found to be missing, the inmate will not sign for receiving the same. 2 . The Process Sergeant or designee will ensure that in every case where an inmate claims that clothing, property or valuables are not returned upon discharge and the property form indicates that such property was checked in at booking, that the inmate shall be given the proper claim form. The Contra Costa County Claim form shall be filled out by the claimant and filed with the Clerk of the Board of Supervisors by the claimant if the loss - is over $250 .00. If the claim is determined to be $250 . 00 or less, he/she will be issued a DET.087 . claim form. * It should be emphasized to the claimant .that evidence of the value of the missing article, date of acquisition, or estimated age, pur- chase price, description and other pertinent information must be provided in order for consideration to be given to their claim. CONTRA COSTA COUNTY Number 2-6 DETENTION DIVISION Effective 11-1-90 Replaces 9-30-86 3 . When the loss is discovered at the time of the inmate's release, the process sergeant will provide the inmate/claimant with the proper claim form. When the loss is discovered prior to the inmate's release, the custody sergeant will provide the form. 4 . The Operations Director or designee will ensure that an incident report is written for lost/- missing inmate property claims which cannot be resolved or the property cannot be located. * All property claimed to be missing must be itemized in the incident report. * The incident report is to include telephone numbers and mailing address where inmate can be located after release from custody. NOTE: The telephone number and mailing address may be different from the booking form. 5 . A copy of the incident report regarding lost/- missing inmate property and a copy of any. inmate release receipt will be routed to the Director of Support Services for further action. PROCEDURE 2 SEARCH AND INVESTIGATION FOR LOST/MISSING INMATE PROPERTY 1 . The Director of Support Services, upon receiving a copy of an incident report, will direct a search to locate the missing property. 2 . If the property is located, the Director of Support Services will notify the claimant and arrange for return of the property. 3 . If the claim proves to be invalid or in error, the Bureau of Administrative Services will notify the claimant and direct him to the agency which has custody of the property or that the claim is deemed to be erroneous . 4 . The Director of Support Services will retain the entire claims package if the property is located. 5 . If the property is not located and the property claim appears valid, the Director of Support 2 CONTRA COSTA COUNTY Number 2-6 DETENTION DIVISION Effective 11-1-90 Replaces 9-30-86 Services will forward the claims package, along with his documented investigation, to the Bureau of Administrative Services for review of completeness . ;F * The Director of Support Services will include recommendations for amount of settlement/payment for claim and complete recommendation section of the DET. 087 . FRM. * The Director of , Support Services maintains a file of action taken for reference. 6 . The Bureau of Administrative Services will invest- igate all the facts surrounding the disappearance of the property in an attempt to locate the property. Should the property eventually be located, it will be turned over to the Director of Support Services for disposition. If the property cannot be located, the Director of Support Services will make final recommendation for settlement of the claim. 7 . The Director of Support Services will forward the complete claims package via the Facility Administrator to the Detention Division Commander. All invalid claims will be forwarded to the Bureau of Administrative Services for denial, and notification. 8 . If the payment of $250 . 00 or less is recommended, BAS will send the original DET. 087 to the Contra Costa County Auditor with a payment demand attached . and a copy to the Detention Division ` Accounting clerk. The Contra Costa County Auditor will process the check and send it to the Claimant. PROCEDURE 3 DISPOSITION OF UNCLAIMED CLOTHING AND PERSONAL PROPERTY. 1 . Per Civil Code 26640 all inmate property may be disposed of 120 days after notification for pickup by phone or mail . 2 . Usable clothing will be given to charity. 3 . Personal property of value will be inventoried. The Director of Support Services will retain this 3 CONTRA COSTA COUNTY Number 2-6 DETENTION DIVISION Effective 11-1-90 Replaces 9-30-86 inventory for his files . the inventoried property will then be auctioned by the Sheriff ' s Property Bureau with other unclaimed property. 4 . Items of no real value will be sorted and separated by at least two (2) employees and discarded. PROCEDURE 4 POLICY UPDATE 1 . This policy will be reviewed annually and updated as necessary by the Bureau of Administrative Services . Approved: Larry R. Ard Division Commander Date: 4 CONTRA COSTA COUNTY DETENTION FACILITIES INMATE REQUEST FOR PERSONAL PROPERTY REIMBURSEMENT -------MDF -------WCDF -------WFF -------MCDF This Section Is To Be Completed by Inmate/Claimant NAME: ADDRESS: TELEPHONE: (HOME) (WORK) How did the loss or damage occur? Description of Lost or Damaged Property Item (Describe fully) Original Purchase Price & Date of Purchase DET. 087 .FRM REV. 4/90 INMATE REQUEST FOR PERSONAL PROPERTY REIMBURESEMENT Page 2 [ ] This request for reimbursement is approved by authority of California Government Code Section #26640 and Detention Division Policy Chapter #2-6 for the following reasons : [ ] I do not recommend approval of .this request because it does not meet the criteria for reimbursement outlined in the above cited authority and policy for the following reasons . [ ] I authorize payment to the Inmate/Claimant in the amount of [ ] I do not authorize payment. Signature Date RELEASE I, , hereby accept check number in full payment for the claim that I submitted on for loss of or damage to my personal property. (Printed Name) (Date) (Signature)