Detainees.pdf

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 03-01-2017 03-01-2017 17-03 SUBJECT...

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 03-01-2017 03-01-2017 17-03 SUBJECT AMENDS Detainee's Personal Property Procedure REFERENCE RESCINDS P.I. Recovered Property Procedure PI 08-3 Legal Bulletin 97-1; 13-16 I. INTRODUCTION To provide policies and procedures for inventorying, securing and maintaining accountability of personal property taken from a detainee while in department custody. II. POLICY A. All personnel will properly inventory, maintain accountability of, and provide security for personal property recovered from detainees by complying with the procedures outlined in this directive. Items of evidentiary value will be handled in accordance with the current written directive entitled, "Recovered Property Procedure." *B. Firearms recovered from detainees will be held up to seven (7) calendar days and will be released in accordance with local, state or federal laws. C. All affected elements will maintain a secure facility to store personal property taken from a detainee in department custody. *D. A Detainee's Missing Property Report, Form 217 P.D., will be completed when a detainee claims that an item(s) of personal property is missing. *E. All U.S. currency removed from a detainee, totaling $250 or more, will be verified by a desk sergeant prior to sealing the detainee's property. The desk sergeant verifying the money will enter their initials after the amount of currency in the "Property Tab" of the Corrections Management System (CMS). NOTE: Foreign currency will be listed at no value and handled in accordance with the guidelines set forth in this written directive. Officers should list the type of currency, but should not attempt to put a value on it. *F. Department members will not dispense prescription medications unless exigent circumstances exist (e.g. EpiPen injection is required). III. PROCEDURE *A. Detainee's Property Received at the Division Stations 1. Detainee's property will be taken and inventoried in CMS during the intake process. All personal property recovered from detainees will be placed in a bag and sealed to ensure security. In addition, The Detainee's Wrist Band Report will be attached to the outside of the original bag. Additional property placed in separate bags will be secured in the same manner. A Booking Receipt will be obtained for each additional bag or large item and will be attached to each bag or item. The detainee's name and booking number will be highlighted in yellow. Personnel will also write the bag number on each additional bag (i.e., bag 2 of 3, 3 of 3). NOTE: U.S. and foreign currency will be placed in separate envelopes and sealed, as outlined above. *a. All firearms will be recovered as outlined in the current written directive entitled, "Recovered Property." A firearm will never be placed with the prisoner's personal property. (1) Detainees will be directed to contact the Property and Evidence Section to retrieve their firearm. A firearm will never be released from a division station. (2) Department members will direct any questions to the Crime Gun Intelligence Group (CGIC). b. All property will be inventoried in view of the video camera, in the event a complaint is filed. c. All U.S. currency removed from detainees will be verified. Foreign currency will be verified by the number of bills and/or coins. For U.S. currency of $250.00 or more see Section II, D of this written directive. d. All medications will be heat sealed in a clear plastic bag and placed with all other personal property. e. If additional property is taken after the initial booking, the property will be added into CMS. f. All hazardous items will be inventoried and described individually in CMS. Hazardous items include any item that may cause physical harm. g. Any clothing soiled with blood, urine, pepper spray, or feces should be treated as hazardous and will be placed in a red bag. -2-  2. When a detainee legally possess a firearm the arresting officer will notify the desk sergeant. 3. The detainee will be asked to sign the Inmate Property Receipt, to acknowledge accuracy of the listed property. a. The intake officer will explain that by signing the Inmate Property Receipt, the detainee is agreeing with the accuracy of the listed property. b. The intake officer will also sign. c. If the detainee refuses or is unable to sign the Inmate Property Receipt, due to behavior or condition, the intake officer will write either "refused" or "unable" in the property listing area and notify the desk sergeant. 4. When the detainee and intake officer are unable to sign the Inmate Property Receipt, due to the signature pad not working, the Inmate Property Receipt will be printed out and the detainee and intake officer will sign the printed copy. If the detainee does not bond out and is transferred to another detention facility, the printed Inmate Property Receipt will be affixed to the detainee's bag. 5. Upon release, the release area of the Inmate Property Receipt will be completed and signed by the detainee. *6. Members should be aware that large amounts of personal property will not be received at detention units, the Regional Correction Center (RCC) or Jackson County. When a detainee has a large amount of personal property the member should: a. Request the detainee find a responsible person to take custody of the property. When property is released to a person other than the detainee (i.e., relative or friend), the personal information of the recipient will be documented on the officer’s activity sheet. b. Recover the property in accordance with the current written directive entitled, "Recovered Property Procedure." B. Detainee's Property Removed by an Outside Agency The following procedure will be followed when an officer responds to an outside agency to transfer a detainee to a division station. 1. The transporting officer will search the detainee. -3-  2. In the presence of the detainee, request that the outside agency release the detainee's property to the transporting officer, if applicable. 3. Check the detainee's personal property in the presence of the detainee and the releasing personnel. *NOTE: When a firearm has been recovered by the outside agency in the detainee’s property the transporting officer will advise the releasing person we will not accept firearms in detainee’s property. The firearm will be left with the outside agency member. The officer will note it on their activity sheet. 4. Confirm with the detainee that all property removed has been returned and accounted for. 5. Remove any additional property from the detainee that would normally be confiscated for member safety. 6. If the detainee claims property is missing, every effort will be made, while at the outside agency and within that agency's policies, to locate any missing property and resolve questions regarding alleged missing property. 7. If the detainee still claims that property is missing, the transporting officer will complete a miscellaneous investigation report in the Automated Reporting System (ARS). The report will include the name of the releasing personnel present that witnessed the property exchange and the responsible person(s) notified of the missing property. 8. Complete the transfer. 9. The procedure outlined in Section III, A, of this directive will be followed when the detainee is booked at a division station. C. Releasing Property to Detainees 1. Prior to release of any property, the detainee's identification will be verified by the CMS wrist band and the Detainee's Wrist Band Report stapled to the detainee's property bag. 2. Upon receipt of the property, the detainee will sign the Inmate Property Receipt, if applicable, verifying that all property inventoried has been returned to the detainee upon release. -4-  3. The detainee, while in custody at a division station may release all personal property to a responsible party; however, individual items will not be chosen to be released. The detainee will sign the Inmate Property Receipt, if applicable. 4. If a detainee claims that an item(s) of personal property is missing, the on-duty supervisor will be notified immediately. *a. A Detainee's Missing Property Report, Form 217 P.D., will be completed by the Detention Officer at the time the complaint is received. (1) The original will be forwarded to the Bureau Commander. (2) The copy will be given to the detainee. b. The Bureau Commander will determine whether an investigation is warranted. c. Upon a determination by the Bureau Commander, the information will be forwarded to the appropriate Bureau for investigation. 5. If the detainee requires medical attention and is transported to a medical facility and admitted, the detainee’s personal property may be released. Darryl Forté Chief of Police Adopted by the Board of Police Commissioners this __ day of 2017. Leland Shurin Board President DISTRIBUTION: All Department Personnel Public View Master Index – Internet Department Master Index – Intranet Policy Acknowledgement SyStem -5-