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Home My WebLink AboutProperty: State-Issued and Inmate Personal PropertyIdaho Department of Correction Standard Operating Procedure Title: Property: State-Issued and Inmate Personal Property Page: 1 of 26 Control Number: 320.02.01.001 Version: 14.0 Adopted: 06-06-1997 IDOC Data Sensitivity Classification - L3 Restricted Ashely Dowell, chief of the Division of Prisons, approved this document on 01/15/2019. Open to the public: Yes SCOPE This standard operating procedure applies to all inmates housed in Idaho Department of Correction correctional facilities and community reentry centers and to staff who manage inmate property. Revision History Revision date (01/15/2019): version 14.0: Increased weekly commissary and kiosk purchase limit for all populations and CRCs. TABLE OF CONTENTS Board of Correction IDAPA Rule Number ............................................................................. 2 Policy Control Number 320................................................................................................... 2 Purpose ................................................................................................................................ 2 Resposibility ......................................................................................................................... 2 Standard Procedures ........................................................................................................... 2 1. Introduction .................................................................................................................... 2 2. Handling Inmate Property ............................................................................................... 3 3. Inmate Property Limits .................................................................................................... 3 4. Miscellaneous ................................................................................................................. 4 5. Contraband and Other Unauthorized or Not Allowed Types of Property ......................... 8 6. Evidence ...................................................................................................................... 10 7. Issuing State-issued Property ....................................................................................... 10 8. Property Storage .......................................................................................................... 10 9. Property Inventory ........................................................................................................ 13 10. Confiscated, Unauthorized, and Excess Property Procedures ...................................... 18 11. Property and Inmate Trust Account Funds of Escaped Inmates ................................... 21 Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 2 of 26 Idaho Department of Correction 12. Documentation ............................................................................................................. 22 13. Stolen, Lost, or Damaged Property ............................................................................... 22 14. Property of Released Inmates ...................................................................................... 24 15. County Inmates Released by Court Same Day ............................................................. 24 16. Property Belonging to an Inmate Who Died While in Custody ...................................... 25 Definitions .......................................................................................................................... 25 References ......................................................................................................................... 25 BOARD OF CORRECTION IDAPA RULE NUMBER None POLICY CONTROL NUMBER 320 Property: Control of State-Issued and inmate Personal Property PURPOSE The purpose of this standard operating procedure (SOP) is to establish standardized procedures for managing property the Idaho Department of Correction (IDOC) issues to inmates and property personally owned by inmates. RESPONSIBILITY Facility Heads Facility heads or designees are responsible for: • Implementing this SOP and ensuring staff members adhere to the guidelines, standards, and procedures provided herein; and • Designating staff authorized to handle, store, and dispose of inmate property in accordance with this SOP. Authorized Staff Staff members are responsible for managing state-issued property and inmate personal property in accordance with this SOP. STANDARD PROCEDURES 1. Introduction The IDOC allows inmates to possess state-issued property and inmate personal property to include legal materials, correspondence, items purchased from the commissary (includes food stuffs, consumables, hard goods, clothing and electronics), and other approved sources. To maintain a safe environment, the management of inmate personal property is essential to reduce fire risk, hazards caused by clutter and excess property, and prevent the introduction of contraband into facilities. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 3 of 26 Idaho Department of Correction 2. Handling Inmate Property Staff members must conduct all property searches with professionalism and must be respectful of the inmate’s property at all times. When searching or inventorying inmates’ property, staff members must exercise care to avoid items being lost or damaged and to confirm that inventories are accurate and complete. Unless the inmate is in restrictive housing, staff members should conduct inventories with the inmate present whenever possible. If during the course of handling an inmate’s property staff recognizes that one or more property items have been damaged or lost, the staff member must make supervisory and/or administrative staff aware of the situation so that proper steps can be taken to address the situation. Whenever possible the inmate should be allowed to display religious items for inspection; however, religious property, like all other property, is subject to search, including chemical analysis for illegal substances, at any time. 3. Inmate Property Limits Inmates are allowed to possess a total of six cubic feet (1' x 2' x 3') of authorized property within the cell or bunk area, including all commissary items. The six cubic feet restriction also includes not more than three cubic feet of personal papers such as legal materials, personal mail, magazines, books, and brochures. The following items are not included in the six cubic feet measurement: • Bedding (sheets, pillow, pillow cases, and blankets) • Television • Super-tuner type radio (All other radios are included in the six cubic feet restriction.) • Guitar with soft case (all other accessories are included in the six cubic feet restriction) • Typewriter • Electric Fan – large (The small clip-on type desk fan is included in the six cubic feet restriction.) The allowed property list and quantity counts by status (retained jurisdiction, general population, community etc.) are set forth on Property Limits. Non-food, consumable items (such as hygiene items, razors, or batteries) are limited to one open/partially used item and one new or unopened item. The one item designation is based on the type of unit in which items are sold through the commissary. For example, the unit for shampoo would be one bottle, and the unit for razors or batteries would be one package if sold in a quantity of two or more or as an each if sold individually. Inmates must store all property and commissary items in boxes, bins, or tubs, purchased from commissary, in a safe and orderly manner and must not allow property to create a fire hazard, sanitation hazard, security risk, or housekeeping problem. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 4 of 26 Idaho Department of Correction Inmates are responsible for ensuring that their property does not exceed established property limits. Any failure to abide by such property limits may be cause for disciplinary action in accordance with SOP 318.02.01.001, Disciplinary Procedures: Inmate. Retained Jurisdiction Limits Retained jurisdiction inmates are limited to a total of six cubic feet of property and commissary. Retained jurisdiction inmates must have sufficient funds in their primary trust account to cover shipping any extra or unauthorized property out of the facility. Retained jurisdiction inmates must submit a signed Inmate Personal Funds Withdrawal Slip (hereinafter referred to as a ‘withdrawal slip’) to pay for the shipping costs. Retained jurisdiction inmates are limited to the retained jurisdiction property limits established in Property Limits, regardless of which facility they are housed in. Community Reentry Center (CRC) Limits The CRC mission requires less restrictive property limits; therefore, inmates are allowed additional personal clothing and other work-related items appropriate for their location and work type. If purchasing inmate property or personal use items outside of the approved IDOC commissary program, the facility head (or designee) must approve the sources used to obtain personal property. CRC inmates are limited to a total of six cubic feet of property and commissary. CRCs may exclude additional work-related clothing such as coveralls, welding sleeves, lunch boxes, and water jugs from the six cubic feet property limit. If an inmate returns to a higher custody level, items not allowed at the higher custody level is handled in accordance with section 10 below. CRCs may elect not to allow specific property items or limit personal property due to safety or space limitation reasons. Facility heads (or designees) must describe any restrictions or allowances in a field memorandum. Vocational Work Crews Inmates assigned to vocational work project crews may be issued additional work- related clothing (see SOP 611.02.01.003, Vocational Work Projects: Inmate Selection and Crew Management for). Work camp facilities may exclude additional work-related clothing for work project crews from the six cubic feet restriction. Facility Workers Inmates assigned as facility workers may, at the discretion of the facility head (or designee), be issued a third set of state-issued clothing. This third set of state-issued clothing may be excluded from the six cubic feet restriction. 4. Miscellaneous Commissary Items Inmates may purchase consumable commissary through the private commissary contractor. The dollar amounts inmates may purchase each week are listed below; however, facility heads or designees may ask the chief of the prisons division for an exception for a different amount when the reason is justifiable. • All populations= $100 a week Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 5 of 26 Idaho Department of Correction • CRCs = $100 a week Kiosk compatible personal digital device Inmates may purchase kiosk compatible personal digital device(s) and associated accessories through the private kiosk provider that are used in connection with the inmate kiosks. As new digital device offerings are made available, inmates may purchase a new personal digital device; however, the previous device will not function and must be either surrendered to the vendor for a credit or mailed out of the facility at the inmate’s expense. Previously purchased media and content will be available through the newer device. Inmate purchases for kiosk-based services, including the purchase of a personal digital device and related accessories, are limited to $100 a week for all populations. This is in addition to the commissary purchase limits set forth above. Group Photographs (Security Threat Group Symbols) To prevent and control security threat groups (STGs) group photographs of inmates are generally not allowed. Group photographs are permitted for events such as a graduation (including General Education Development [GED] certificate) or religious events. Any group photographs must be approved by the facility head (or designee) in advance. When group photographs are permitted, staff must monitor photographs to ensure that STG symbols or signs are not displayed. Inmates must pay for the photographs in accordance with SOP 604.02.01.001, Visiting. Inmates can retain or mail out approved group photographs. Hobby Craft Items Hobby craft items are authorized if approved in writing in accordance with SOP 608.02.00.001, Hobby Craft, and field memorandum. Completed hobby craft must be mailed out and handled in accordance with section 10. Identification (ID) Cards Inmate ID cards are state-issued and must be clearly visible on the inmate’s person during waking hours in accordance with custody level and facility requirements. If inmates damage or lose their ID card, or if the inmate’s appearance is altered to the extent that the picture on the ID no longer provides a good likeness or if the barcode is no longer readable, the inmate must replace the ID card at his expense. The replacement cost of the ID card is three dollars. Inmates must submit a completed withdrawal slip to make payment for a new ID card. The IDOC does not charge inmates when the card needs to be replaced because of normal wear and tear. CRC facility heads or designees may allow inmates to keep their IDs on their person in accordance with facility requirements. Inmates may retain their ID cards upon release to ensure they have a form of picture ID. Medical Items Medical and dental orthotics or prosthetics and other aids to impairment must be approved in accordance with SOP 401.06.03.059, Aids to Impairment, Orthotics, and Prosthetics. Other medical items must be approved in accordance with SOP 401.04.03.004, Healthcare: Community Reentry Center (CRC) Inmates, and Policy 411, Medical Co-pay. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 6 of 26 Idaho Department of Correction The contract medical provider’s healthcare services administrator (HSA) and IDOC’s facility head or designee must approve medical items not identified in this SOP before such aides are provided to the inmate. Written authorization must be placed in the inmate’s healthcare record and documented in the offender management system property module. A copy of the written approval must also be given to the inmate. Medical Footwear Inmates who arrive at a reception/diagnostic unit (RDU) with personal medical footwear (footwear designed to correct or assist with a physical impairment), are allowed to keep the footwear if the contract medical provider’s HSA determines that the footwear is required and the facility head or designee determines that the footwear does not pose a security risk. If the facility head or designee determines that the medical footwear is not allowed due to a security risk, the contract medical provider must provide acceptable footwear for the inmate within 14 days. (For additional information, see SOP 401.06.03.059, Aids to Impairment, Orthotics, and Prosthetics.) Family members are not allowed to provide medical footwear. However, the facility head or designee may authorize that an inmate’s medical footwear be sent to the facility, provided the inmate already owns the footwear and the contract medical provider has confirmed the need. If the inmate is approved to have the medical footwear, the facility head or designee must ensure that adequate security measures are in place, to include, but not limited to, consideration of the source, a close visual inspection, canine drug detection (when available), and the use of x-ray and/or metal detection technology. Prescription Eyeglasses Inmates who arrive at the RDU with personal prescription eyeglasses are allowed to keep the glasses if the facility head or designee determines that the glasses do not pose an unacceptable security risk. Normally, the IDOC does not reimburse an inmate if personal prescription eyeglasses are lost, stolen, or damaged, but will replace the glasses with state-issued glasses provided by the contract medical provider. When personal prescription glasses are permitted, the inmate must sign Waiver of Liability for Replacement of Personal Eyeglasses, which is then placed in the inmate’s property file. If an inmate does not want to retain personal prescription glasses while incarcerated, the inmate must complete Property Disposition Form to send them out of the facility or donate them. Medical Alert Medallions Inmates housed at minimum custody facilities who have medical conditions and work (or otherwise leave the facility), may be allowed to wear a medical alert medallion on either a necklace or bracelet. Generally, the medical alert medallion on a necklace is used; however, a facility head (or designee) may approve a medical alert bracelet if it is in the best interest of safety, based on the inmate’s work assignment and other conditions. Inmates are responsible to contact the contract medical provider and request a medical alert medallion. When the contract medical provider determines that the inmate has a medical need that requires wearing the medical alert medallion, healthcare services staff notifies the facility head or designee, and provides the inmate’s name and the medical alert needed. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 7 of 26 Idaho Department of Correction Facility heads or designees must determine the best method to obtain the medical alert medallion such as purchase from a vendor or approve to be mailed in from an outside source. Religious Items Inmates are allowed access to religious items to practice the faith of their choice (see Property: Religious, SOP 320.02.01.002 and Religious Activities, SOP 403.02.01.001). Requests for religious property and items must be made in accordance with SOP 320.02.01.002. Religious property levels must be in accordance with SOP 320.02.01.002 and this SOP. Special Items The facility head or designee may approve special items. Examples of such items include: a) Books and other materials needed for an approved educational program b) Items related to a medical condition c) Items associated with a medical condition but not required for medical treatment such as a hairpiece/wig or hat/scarf for a cancer victim undergoing chemotherapy. Special items must be documented with a memorandum, placed in the inmate’s property file, signed by the facility head or designee and must specify an expiration date, which cannot exceed one year. At the end of the expiration date, the facility head or designee can issue another memorandum if appropriate or remove the special item from the inmate in accordance with section 10 below. Legal Materials Legal materials in excess of three cubic feet must be stored in accordance with SOP 405.02.01.001, Access to Courts. If legal material is confiscated, each piece of legal material must be inventoried, citing the caption name or document and the number of pages. Confiscated legal material must be immediately forwarded to the property officer. By the next working day, the property officer must notify paralegal staff of the confiscated material. The paralegal must inspect the material within 48 hours of such notification. If the legal material is not contraband, the paralegal must inform the property officer, and the property officer must return the material to the inmate. If confiscated legal material appears to belong to another inmate, the paralegal must contact that inmate to determine why said legal materials are in the possession of another inmate. Appropriate recourse, if any, will be taken once the circumstances are determined by the paralegal and reviewed by the access to courts coordinator or facility head or designee as appropriate. The paralegal must contact the prison division’s access to courts coordinator regarding the disposition of any confiscated legal materials. When needed, the access to courts coordinator must contact the deputy attorney generals (DAGs) who represent IDOC for additional advice. Confiscated legal material is stored for 45 days. The facility head or designee must give written approval to dispose of legal material. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 8 of 26 Idaho Department of Correction 5. Contraband and Other Unauthorized or Not Allowed Types of Property Contraband Contraband is defined as: (i) anything (of any kind) that is prohibited by the Idaho Board of Correction; the IDOC; facility rules, policies, directives, or SOPs; (ii) anything (of any kind) that a facility head or designee has (a) not approved for possession by an inmate, or (b) not approved to be brought into a facility; and (iii) anything (of any kind) that has been altered by the inmate from its original condition or intended use. Examples of contraband include, but are not limited to, the following: • Items that were not authorized at an IDOC facility, county jail, IDOC contract facility, or out-of-state facility • Authorized items for which the inmate cannot provide a receipt to prove ownership. Exception: The digital device purchased from the private kiosk provider does not ship with a receipt. IDOC staff must verify ownership by turning the player on to see the name of the inmate it is assigned to or by checking property logs and purchase logs from the private kiosk provider. For CRC inmates, ownership may be established from a Starter Property Request Form or Regular Property Request Form that is maintained in the inmate’s property file in accordance with SOP 301.04.03.001, Intake, Orientation, and Personal Property: Community Reentry Center (CRC) Inmates. • Items that have been loaned, sold, traded, borrowed, or given from one inmate to another • Role-playing games and related materials • Prohibited items described in SOP 402.02.01.001Mail Handling in Correctional Facilities Staff must confiscate contraband and process it in accordance with section 10 below. Inmates may use the grievance process (see SOP 316.02.01.001, Grievance and Informal Resolution Procedure for Inmates,) to challenge the confiscation of items deemed as contraband. Unauthorized Property Allowable items can become unauthorized items under certain conditions. The following are examples of when allowable items become unauthorized: • Completed hobby craft • Televisions not authorized at the facility or in the housing unit • Allowable items that are in excess of authorized limits • Items once sold in the commissary but that are no longer authorized and that the facility has elected to remove from the population. If the inmate can show proof of purchase, the facility pays for mailing the item out. • Allowable items that are not allowed at the inmate’s present custody level, facility, or housing unit Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 9 of 26 Idaho Department of Correction • Items purchased while housed at a CRC or vocational work project unit that are not allowed at the inmate’s present custody level, facility, or housing • Items obtained while housed out-of-state or in a county jail that do not have an authorized IDOC equivalent • Personal shoes, except medical footwear as described in section 4 above, shoes purchased through commissary and special work shoes otherwise authorized by the facility head or designee. Work shoes/boots purchased at work camps must be sent out if the inmate leaves the work camp and returns to another IDOC prison facility where such are not permitted. Altered Property Altered property is generally described as allowable items that have been altered, modified, or used for purposes other than originally intended. The terms altered, modified, or used are not intended to include normal wear and tear. For example, to ensure that state of Idaho property is not destroyed, such as library items, altered property includes books, magazines, or other publications which have had pages (either in full or in part) clipped, cut, or torn from them. Altered property does not include things such as photocopies of items from magazines, books, etc. that are then clipped, cut, or torn and then added to a journal. Altered property does not include things such as cards, personal photographs, or post cards that are added to a journal. Items Purchased While in County Jail, Contract Facilities, and/or Out-of-State Facilities Items that an inmate has obtained from an authorized source while housed out-of-state, in a county jail, or other facility where IDOC commissary is not available are handled as follows: • Shoes not purchased through the commissary provider are prohibited. • Personal property items (other than shoes) that have a similar or equivalent to IDOC commissary items are allowed. • A t-shirt of similar value and color purchased while in a county jail that is a different brand than those sold by IDOC commissary is allowed. • Ray Ban sunglasses are not allowed because Ray Ban sunglasses are dissimilar in value and cost compared to sunglasses the commissary sells. However, sunglasses that are similar in value and composition that were purchased in a county jail or contract facility are allowed. • Both personal property and commissary items with an IDOC equivalent are allowed such as cookies purchased while in a county jail even if IDOC commissary does not sell the same brand of cookies. Exception: Although IDOC commissary may sell a similar item, the item is not allowed if it fails to meet IDOC safety standards. For example, shampoo, conditioner, lotions, and other products in glass containers, canned goods, and televisions, radios, etc. with non-transparent coverings/housings. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 10 of 26 Idaho Department of Correction All disallowed property items must be documented in the offender management system property screen. If a staff member is uncertain whether an item is allowable, the facility head or designee must make the determination. The facility head or designee may choose to mail out (at IDOC’s expense) questionable items. If an item is clearly not authorized, see section 10 below. 6. Evidence Inmate property that has been seized as evidence must be managed according to SOP 116.01.01.001, Custody of Evidence: Special Investigations Unit. 7. Issuing State-issued Property Inmates are transported with a minimum amount of state-issued property (such as sandals/shower shoes, socks, underwear, t-shirt, and coveralls). Each receiving facility will issue the remaining state-issued property in accordance with this SOP. The IDOC property staff must label all state-issued property with the inmate’s name and IDOC number. The markings must be on the inside of the waistband or collar and such items must be added to the inmate's property inventory before giving it to the inmate. Except for the name and IDOC number, any writing, lettering, symbols, etc. that was not marked by IDOC staff makes such property altered and such items must be confiscated and processed in accordance with this SOP. CRC staff members and CRC inmates are exempt from all marking requirements described herein. Replacing State-issued Property with Personal Property Property items purchased through commissary can replace similar state-issued items or be in addition to; however, inmates cannot exceed the total number of items authorized in Property Limits. For example, an inmate could purchase one blanket and have one state-issued blanket or purchase two blankets and not have a state-issued blanket. IDOC staff will mark all personal property with the inmate's name and IDOC number. The markings on clothing must be on the inside of the waistband or collar and added to the inmate's property inventory before giving it to the inmate. 8. Property Storage Long-term Restrictive Housing Program (LTRHP) Personal property or commissary items that are not allowed in the long-term restrictive housing program (LTRHP) as set forth in Property Limits will not be stored. All such personal property belonging to inmates placed in LTRHP must be mailed out, destroyed, or donated in accordance with this SOP. Opened or partially used consumable items and all foodstuffs must be destroyed. Unopened, fully sealed consumable items (not including foodstuffs) may be mailed out, donated, or destroyed in accordance with this SOP. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 11 of 26 Idaho Department of Correction Televisions: When CRC or Program Does Not Allow Them When an inmate is transferred to a CRC or a program that does not allow a television, the television must be placed in temporary storage until the inmate completes the CRC or program. (Televisions must be stored at the facility where the inmate resides.) Upon completing or being removed from the CRC or program, the television is removed from temporary storage and returned to the inmate. County Jail or Out-of-State Housing Normally, when inmates are moved to a county jail or moved out-of-state for long-term jail housing, their personal property accompanies them. Any personal property that cannot accompany the inmate is mailed out at IDOC's expense. Short-term Restrictive Housing, Hospital Admission, Out-to-Court, or Temporary Court-ordered Release Each facility must provide secure storage for inmates' personal property when they are moved to short-term restrictive housing (detention, segregation pending a hearing, segregation pending investigation, or transit status), hospital admission, or granted a temporary court-ordered release. Staff must complete a property inventory form in accordance before placing such personal property in temporary storage. Personal property being stored for an inmate who is in out-to-court or hospital admission status must be held until the inmate’s return to the facility. Any released inmate has 45 days following release to contact the facility and arrange for the disposition of all personal property. If the inmate has not contacted the facility within 45 days, the personal property is processed in accordance with confiscated, unauthorized, and excess property procedures in this SOP. Temporary Storage If the normal standards for jail or out-of-state housing cannot be met, the IDOC will provide long-term storage for the inmate’s property until the inmate returns to an IDOC facility. If long-term storage is required, affected facility heads or designees must notify the applicable chief or designee for guidance regarding storage. When an inmate is placed in a housing status that requires temporary storage of all property items, staff must use the following steps. Functional Roles and Responsibilities Step Tasks Staff Member 1 Inventory the inmate’s property. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 12 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks 2 • Package the property to minimize loss or damage. Bag consumables that may leak; document and discard opened or partially consumed foodstuffs. • Put a completed Property Inventory Form in the box with the inmate's property. • Give a copy of the inventory form to the inmate for review, if available. • Place a copy of the inventory form in the appropriate property file. Inmate 3 If available, review the inventory and if the inventory is incorrect, attempt to rectify the discrepancies with the staff member who conducted the inventory, or submit an Inmate Concern Form within 24 hours, noting the discrepancies. Staff Member 4 Seal the box in the inmate’s presence (if the inmate is available). 5 Label the box with the inmate’s name and IDOC number using Property Storage Box Form. 6 Forward the property to the property officer if the inmate is in short-term restrictive housing. The sending facility must retain and store property when an inmate leaves IDOC custody for a temporary period (less than 45 days) for reasons such as a temporary court-ordered release, hospital admission, etc. 7 • Upon the return of the inmate, enter the offender management system property module, and remove the hold from each item returned to the inmate. • If the custody level or housing assignment has changed, ensure the items are authorized. Process the unauthorized items in accordance with section 10 of this SOP. If items are missing or damaged, attempt to rectify the discrepancy with the inmate. • If there are any changes, print the Property Inventory Form, and give a copy to the inmate for review. • Issue the property to the inmate. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 13 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Inmate 8 • If the inventory is incorrect or if property is missing or damaged, attempt to rectify the discrepancies with facility staff, or submit an Inmate Concern Form within 24 hours noting the discrepancies. • If an electrical item worked before it was stored but does not work when returned, the inmate must submit an Inmate Concern Form within three hours of receiving the item. 9. Property Inventory To maintain a safe and orderly environment, protect state-issued property, and reduce contraband, IDOC closely monitors inmates’ property. Designated staff members inventory all inmates’ property upon entering and leaving a facility. Entering and leaving pertains to beginning or completing a housing assignment. Inmates are allowed to keep authorized items but unauthorized items are confiscated in accordance with this SOP. State-issued property and certain personal property items are not inventoried in the offender management system. However, when conducting a property inventory, staff must ensure that inmates have the correct amount of state-issued property and do not exceed limits on personal property or other commissary items. Inmates who do not have all of the state- issued property issued to them and/or inmates, who exceed the personal property or other commissary limits, may receive disciplinary action in accordance with SOP 318.02.01.001, Disciplinary Procedures: Inmate. When conducting a property inventory, all fields of the forms should be completed, including the inmate’s signature (emergency procedures may preclude this in some instances). Electrical items must be switched on to validate working condition and processed in accordance with table 9-3. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 14 of 26 Idaho Department of Correction Table 9-1: Conducting a Property Inventory Functional Roles and Responsibilities Step Tasks Staff Member 1 Enter the offender management system and print the inmate’s Property Inventory Form. Inventory the inmate’s property. Do the following (as applicable): • Verify that property matches the printed Property Inventory Form, or if the property was not entered into the offender management system, enter the quantities on a blank Property Inventory Form. • If personal property was purchased that replaces state- issued property, collect any excess state-issued property. • For electrical items, see table 9-3. Ownership of items not marked with the inmate’s name and IDOC number must be established using commissary receipts and/or starter property request forms and regular property request forms (see SOP 301.04.03.001, Intake, Orientation, and Personal Property: Community Reentry Center (CRC) Inmates). If ownership cannot be established, confiscate and process the items in accordance with section 10. Excess, altered, contraband, or property not authorized for the new housing assignment is confiscated and processed in accordance with section 10. 2 • Bundle and label consumable items, personal letters, and legal material as individual groups ensuring items are tightly closed, properly packaged, and fully labeled. • Bag consumables that may leak. • Document and discard foodstuffs that are opened or partially consumed. • Submit the completed Property Inventory Form to the property officer or designee for input into the offender management system. • Enter the property information into the offender management system and print the Property Inventory Form. • Give a copy of the printed Property Inventory Form to Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 15 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks the inmate for review, if available. Inmate 3 If available, review the inventory and if the inventory is: • Correct - inform the staff member. • Incorrect - attempt to rectify the discrepancies with the staff member who conducted the inventory, or submit an Inmate Concern Form within 24 hours, noting discrepancies such as lost or damaged items. Table 9-2: Transfer In/Out Property Inventory When transferring an inmate to another facility, do the following: Functional Roles and Responsibilities Step Tasks Sending Facility Staff 1 • Inventory the inmate’s property. • Package the property to minimize loss or damage. • Bag consumables that may leak separately from other property. • Put a Property Inventory Form in the box. • Give a copy of the inventory form to the inmate for review, if available. • Place a copy of the inventory form in the property file. Inmate 2 If available, review the inventory and if the inventory is incorrect, attempt to rectify the discrepancies with staff or submit an Inmate Concern Form within 24 hours, noting discrepancies such as lost or damaged items. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 16 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Sending Facility Staff 3 • Seal the box in the inmate’s presence (if the inmate is available). • Label the box with the inmate’s name and IDOC number using Property Storage Box Form. • Forward the property to the new facility. • If the inmate is sent to a county jail, an out-of-state facility, placed in restrictive housing, hospital admission, out-to-court, or temporary court-ordered release status, the inmate's personal property must be handled in accordance with property storage in this SOP. Receiving Facility Staff 4 • If the custody level or housing assignment has changed, ensure the items are authorized. • If items are missing or damaged, attempt to rectify the discrepancy with the inmate or have the inmate submit an Inmate Concern Form. • If electrical items are received that are labeled non- working electrical item, forward such item(s) to the property officer for processing. • If any changes were made to the Property Inventory Form, ensure the inmate is given an updated copy for review. • Issue the property to the inmate. Inmate 5 If the inventory is incorrect or if property is missing or damaged, attempt to rectify the discrepancies with facility staff, or submit an Inmate Concern Form, noting the discrepancies within 24 hours. If an electrical item that was working before it was forwarded to the receiving facility is no longer working, an Inmate Concern Form must be submitted within three hours of receiving the item. If it is determined that replacement or repair is applicable, the sending facility must bear the cost. Table 9-3: Electrical Items When storing an inmate’s MP3/MP4/JP5 digital device IDOC staff will remove the batteries from the unit to ensure that batteries do not leak or corrode the device and do not present a fire hazard. Store the batteries in a bag separate from the player or other electronics. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 17 of 26 Idaho Department of Correction The kiosk-compatible digital device has a lithium battery that cannot be removed. The kiosk-compatible digital device has a mortality switch of six months, which is reset each time it is connected to a kiosk. When handling an inmate’s electrical items, do the following: Functional Roles and Responsibilities Step Tasks Staff Member 1 Turn the item on and if the item is in: • Working condition-complete applicable inventory process Remove batteries from MP3MP4/JP5 players if removable • Not in working condition-proceed to step 2 Any kiosk-compatible digital device will cease to function if the device is not plugged into a kiosk at least once every six months. If the inmate is given the device back after the mortality switch has triggered, do not send the device out as non-working. The device can be re-enabled using a wall kiosk and having the inmate submit an electronic support ticket asking the private kiosk provider to reinitialize the device and reset the mortality switch. 2 Ask the inmate to complete Property Disposition Form, and if: • The inmate completes the form: dispose of the property in accordance with section 10. (The process ends here.) • The inmate does not complete the form: proceed to step 3. 3 Package the non-working item separately, and clearly label the package with the following information: • Non-working electrical item • Inmate’s name and IDOC number • Date 4 • If the inmate is transferring out of the facility, complete the process in table 9.2. (The process ends here.) • If the inmate is not transferring out of the facility, forward the packaged item to the property officer. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 18 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Property Officer 5 Contact the inmate, and request information regarding his intentions for the non-working item, such as submitting a warranty claim, seek repair, or grievance. 6 If the inmate does not submit a grievance or pursue warranty work or another method of repair or replacement, process the non-working item in accordance with table 10-2 below. 10. Confiscated, Unauthorized, and Excess Property Procedures The facility head or designee must authorize the disposition of all confiscated inmate personal property. • Weapons, blood/body fluids, illegal items, items that violate rules in Disciplinary Procedures: Inmate, SOP 318.02.01.001, evidence used in disciplinary action, etc. must be destroyed when no longer needed as evidence. Such items will not be mailed out or donated. • Property or commissary items that belong to another inmate should be handled according to the circumstances of the incident and in accordance with this SOP. For example, return stolen property to the rightful owner and donate or destroy bartered property. • Electronic communications that are censored/discarded due to content that violate the rules set forth in SOP 503.02.01.001,Telephone and Electronic Communications: Inmate, will not be delivered to its intended recipient and refunds will not be given. Censored/discarded electronic communications must be documented and communicated in accordance with in SOP 503.02.01.001. All electronic content is indefinitely retained and stored within the electronic communication system and can be accessed by authorized IDOC staff as needed to facilitate responses to concern forms and grievances. Table 10-1: Contraband Functional Roles and Responsibilities Step Tasks Staff Member 1 If an inmate has contraband, confiscate and document the confiscated property on Inmate Property Confiscation Form. Forward the contraband and confiscation form to the property officer or designee. Property Officer or Designee 2 Request the facility head’s or designee’s approval to destroy the contraband. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 19 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Facility Head or Designee 3 Approve or deny the request and provide instructions to the property officer or designee regarding the disposition of the contraband such as hold, donate, or destroy (before disposing of such personal property, ensure that it is not needed as evidence). Property Officer or Designee 4 Implement the facility head’s or designee's decision, If applicable, document the decision in the offender management system property screen. Use the completed Property Disposition Form to document how the property was disposed of. Unauthorized and Excess Property Personal property or commissary items (excluding foodstuffs) loaned, traded, or bartered will be stored for 45 days to allow the inmate an opportunity to complete the grievance process. If the inmate initiates the grievance process, the timeline for disposition is extended until the process is completed. The inmate is responsible for notifying the property officer or designee when a grievance has been submitted regarding a property issue. The property officer or designee is responsible for ensuring that the grievance process has been completed before the property is returned, destroyed, or donated. Any religious property that is confiscated must be processed in accordance with SOP 320.02.01.002, Property: Religious. When staff determines that, an inmate has unauthorized property, property that exceeds authorized property limits, altered property, completed hobby craft, etc. follow these steps. Table 10-2 Functional Roles and Responsibilities Step Tasks Staff Member 1 Document the confiscated property on Inmate Property Confiscation Form and provide the inmate a copy of the completed form. Forward the confiscated property and Inmate Property Confiscation Form to the property officer or designee for handling. Provide the inmate a Property Disposition Form to complete. Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 20 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Inmate 2 • Decide whether to mail out, donate, or destroy the confiscated personal property. • Complete a Property Disposition Form. • If the property is to be mailed out, complete a withdrawal slip for the postage due and if desired, insurance (insurance is not required). • Consumable and foodstuff commissary items may not be mailed out or donated. Such items must be destroyed. • Forward the Property Disposition Form and if applicable, the withdrawal slip, to the property officer. • If you do not complete the Property Disposition Form, the property officer will store the property for 45 days. Property Officer or Designee 3 If the inmate: • Returns the Property Disposition Form and withdrawal slip (if applicable) within 45 days – skip to step 9. • Fails to return the Property Disposition Form within 45 days or fails to attach a withdrawal slip for postage – make a final attempt to obtain a completed disposition form from the inmate. • Document the attempt and inmate’s response in the offender management system. If the inmate refuses to complete the form, proceed to step 4. 4 Request approval from the facility head or designee to donate or destroy the property. Facility Head or Designee 5 Provide instructions to the property officer regarding the disposition of the inmate’s property (such as hold, donate, or destroy). Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 21 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Property Officer or Designee 6 • Hold, mail out, dispose, or destroy the property in accordance with the inmate’s choice or facility head or designee’s decision as documented on the Property Disposition Form. • If the inmate elects to have the property mailed out, the inmate must have sufficient funds in the primary trust account for postage. • If the inmate elects to have the property picked up and the facility head or designee approves the pickup, the property must be picked up within 30 days of the facility head or designee’s approval. Property Officer or Designee 7 • Based on the type of action taken, enter the offender management system property module, and properly log each item being disposed of. • Be sure to use the completed Property Disposition Form stating how the property is being disposed and the date such action was taken. The destruction or donation of personal property must be witnessed by two staff members and documented in the offender management system property screen. 11. Property and Inmate Trust Account Funds of Escaped Inmates Personal Property All personal property and non-food stuffs or consumable commissary of escaped inmates is part of the crime scene and therefore handled in accordance with Custody of Evidence, SOP 116.02.01.001. Once the crime scene is released, the investigating officers or designees must inventory and secure the property in accordance with this SOP. When the investigation is concluded, personal property not secured as evidence is subject to disposal in accordance with this section. • The facility head or designee will review the case six months after the escape, and if the inmate has not been captured, the facility may have the property and non-food stuffs or consumable commissary donated to a charitable organization or destroyed. • If the property is retained, the facility head or designee will review the status of the case every six months until disposition is determined. The destruction or donation of personal property must be witnessed by two staff members and documented in the offender management system property screen. • After an inmate is recaptured, any personal property and non-food stuffs or consumable commissary still in IDOC’s possession that is not secured as evidence Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 22 of 26 Idaho Department of Correction must be returned to the inmate in accordance with the assigned custody level and property limits. Inmate Trust Account In the event of an escape, the facility head or designee must immediately request that a “freeze” be put on the inmate’s primary trust account and savings account, if any, as state in SOP 114.03.03.024, Funds, Inmate. If the inmate has agreed to pay restitution or other court-ordered fees in accordance with a Work Release Agreement (see Work Release for Inmates, SOP 605.02.01.002) or similar document, any balance remaining at the time of the escape is paid per the Work Release Agreement or similar document from the inmate’s accounts. The facility head or designee must ensure that the central office fiscal unit receives the information needed to pay the amount(s) established in such agreement(s). When recaptured, any remaining balance is subject to restitution if the inmate is found guilty of a disciplinary offence and financial sanctions, if any. If the inmate is not recaptured within two years, the inmate’s primary trust account and savings account, if any, are forfeited in accordance with state of Idaho rules regarding unclaimed money. If the inmate is recaptured, any funds remaining in the inmate’s primary trust account and savings account, if any, not used to pay restitution or fees will remain in the inmate’s account(s) and the account(s) will be released and made available to the inmate to access when the applicable authority releases the suspension of the account in accordance with SOP 114.03.03.024. 12. Documentation In addition to the offender management system documentation, each facility must maintain a property file containing the inmate’s full property inventory and other related documents. Property files are retained for three years after an inmate’s release and then destroyed. In the event of the death of an inmate, the property file is placed within the central file in accordance with SOP 120.03.05.002, Central and Medical Files: Control, Maintenance, and Disposition of. 13. Stolen, Lost, or Damaged Property An inmate has 24 hours from the time of incident or discovery to report lost, stolen, or damaged state-issued or personal property to the property officer or facility staff using an Inmate Concern Form. Inmates may be liable for the cost of replacing state-issued items if the loss or damage is not reported or if a disciplinary hearing officer (DHO) determines the inmate was responsible for the loss or damage (see Disciplinary Procedures: Inmate, SOP 318.02.01.001). For electrical items that were working before being shipped between facilities, the inmate must submit an Inmate Concern Form within three hours after receiving the item. If it is determined that replacement or repair is applicable, the sending facility pays the cost. The applicable facility must reimburse inmates in accordance with this SOP for authorized personal property lost or damaged because of staff error or negligence. Proof of ownership must be established using commissary receipts, withdrawal receipts, property/vendor Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 23 of 26 Idaho Department of Correction receipts for digital devices, or facility memorandums as appropriate. The facility head or designee is the approval authority for reimbursement. Except as approved by the facility head or designee, the department does not reimburse for the following: • Property lost or destroyed because of inmate actions or behaviors • Property lost or stolen because of escape, escape attempt, or inmate disturbances • Property damaged or lost in the laundry • Recovered property that was not reported missing in accordance with this SOP. • Consumable or edible commissary items and items that are not identified in Property Limits as authorized property • Personal papers, letters, journals, and photographs • Legal materials • The IDOC does not refund phone time. Phone time refunds are processed by the private inmate phone provider as described in Funds: Inmate, SOP 114.03.03.024. • IDOC does not provide refunds for the kiosk-compatible digital device purchased through the private contracted kiosk provider or for kiosk-based services. Inmates must work directly with the private contracted kiosk provider to resolve warranty or repair issues with such devices or to address refund requests for kiosk-based services. Reimbursement Schedule Reimbursable items that are damaged or lost due to staff error or negligence are reimbursed at the original purchase price with the following exceptions. Property/Item Reimbursement Factors Television sets, radios, electronics, etc. One to three years of age-100% Three to five years of age-75% Five years of age and older-50% Books/journals, etc. Original purchase price, but no more than twenty-five dollars per item Ring (plain band) Original purchase price, but no more than fifty dollars Religious items Original purchase price, but no more than thirty dollars Watch If purchased at a CRC, county jail, etc., original purchase price, but no more than the current commissary price for a substantially similar item. Personal property other than those specifically listed (such as clothing) Commissary price paid Consumable items Not eligible for reimbursement Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 24 of 26 Idaho Department of Correction 14. Property of Released Inmates When released from custody, an inmate’s personal property must be inventoried and any state-issued property is returned to the facility’s inventory. Personal property that an inmate does not provide disposition for is handled as abandoned property and disposed of in accordance with this SOP. If the inmate does not have personal clothes, the inmate will be permitted to retain one set of clothes to wear upon release, to include a coat during inclement weather (a coat is issued only when the weather is inclement; a coat is not standard issue). 15. County Inmates Released by Court Same Day If a court releases a county-held inmate immediately from court, without first returning the individual to the department, the released individual must contact the facility to set up a time when he may come to the facility to pick up property items and the debit release card. Appointments to retrieve property and debit release cards are available Mon-Fri between 0800 and 1700 only. IDOC staff must collect and inventory the inmate’s personal property and return any state- issued property to facility inventory. The property officer must contact the facility financial specialist and advise that the inmate was released immediately by the court and ask that the inmate’s trust account be reconciled and closed in accordance with SOP 114.03.03.024, Funds: Inmate. Functional Roles and Responsibilities Step Tasks Staff Member 1 Inventory the inmate’s property: • Package the property to minimize loss or damage. Bag consumables that may leak; document and discard foodstuffs that are opened or partially consumed • Put a completed Property Inventory Form in the box with the inmate’s property • Place the inmate copy of the inventory form with the items • Label the box with the inmate’s name and IDOC number using the Property Storage Box Form • Place a copy of the inventory form in the appropriate property file Staff Member 2 Notify facility financial specialist of the immediate court release: • Name and ID# • Appointment time for pick up (if known) Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 25 of 26 Idaho Department of Correction Functional Roles and Responsibilities Step Tasks Financial Specialist 3 • Complete inmate account close out procedures in accordance with SOP 114.03.03.024 Funds: Inmate • When the released inmate comes to the facility for their scheduled pick-up time, meet with him to obtain proper signature and release the debit release card to the individual. Inmate (released individual) 4 Contact the facility to set an appointment to retrieve property (Mon-Fri, 0800-1700) • If the inventory is incorrect or if property is missing or damaged, attempt to rectify the discrepancies with facility staff, or submit an Inmate Concern Form within 24 hours, noting the discrepancies. • If an electrical item worked before it was stored but does not work after being returned, the inmate must submit an Inmate Concern Form within three hours of receiving the item. • Receive and sign for debit release card 16. Property Belonging to an Inmate Who Died While in Custody Upon an inmate’s death, all personal property and state-issued property must be immediately inventoried and placed into storage and handled in accordance with SOP 312.02.01.001 Death of an Inmate. DEFINITIONS Abandoned Property: Property found in an unauthorized area; or in the event of an escape, property the inmate leaves behind; or any confiscated property for which an inmate does not submit a disposition form within 45 days. Approved Source: Any manufacturer, publisher, bookstore, retail outlet, or other source (which generally cannot be a private individual) approved by the facility head or designee. Personal Property: Any property, other than state of Idaho property (authorized by the division or facility head) that is purchased or sent in through the proper channels, in accordance with the inmate’s custody level. State-Issued Property: Any property issued by the Idaho Department of Correction (IDOC) (such as state of Idaho clothing, hygiene items, bedding, or equipment), which is often referred to as state of Idaho property. REFERENCES Waiver of Liability for Replacement of Personal Eyeglasses Control Number: 320.02.01.001 Version: 14.0 Title: Property: State-Issued and Inmate Personal Property Page Number: 26 of 26 Idaho Department of Correction Property Disposition Form Property Storage Box Form Inmate Property Confiscation Form Inmate Personal Funds Withdrawal Slip Standard Operating Procedure 116.01.01.001, Custody of Evidence Standard Operating Procedure 312.02.01.001, Death of an Inmate Standard Operating Procedure 120.03.05.002, Central and Medical Files: Control, Maintenance, and Disposition of Standard Operating Procedure 301.04.03.001, Intake, Orientation, and Personal Property: Community Reentry Center (CRC) Inmates Standard Operating Procedure 316.02.01.001, Grievance and Informal Resolution Procedure for Inmates Standard Operating Procedure 318.02.01.001, Disciplinary Procedures: Inmate Standard Operating Procedure 320.02.01.002, Property: Religious Standard Operating Procedure 401.06.03.059, Aids to Impairment, Orthotics, and Prosthetics Standard Operating Procedure 401.04.03.004 Healthcare: Community Reentry Center (CRC) Offenders Standard Operating Procedure 402.02.01.001, Mail Handling in Correctional Facilities Standard Operating Procedure 403.02.01.001, Religious Activities Standard Operating Procedure 405.02.01.001, Access to Courts Standard Operating Procedure 605.02.01.002, Employment Release for Inmates Standard Operating Procedure 608.02.00.001, Hobby Craft Standard Operating Procedure 611.02.01.003, Vocational Work Projects: Inmate Selection and Crew Management – End of Document –