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HomeMy WebLinkAboutCustody of Evidence: Special Investigations UnitIdaho Department of Correction Standard Operating Procedure Title: Custody of Evidence – Special Investigation Unit 1 of 5 116.01.01.001 Version: 3.0 Adopted: 05/26/2009 Chad Page, Deputy Director, approved this document and it was published on 10/07/2025. Open to the public: Yes No SCOPE This standard operating procedure (SOP) applies only to Special Investigations Unit (SIU) staff and designated investigators involved in the collection and preservation of evidence obtained during the course of administrative investigations and inquiries. Revision Summary evidence. TABLE OF CONTENTS Scope ........................................................................................................................................ 1 Table of Contents ....................................................................................................................... 1 A. Statutory Authority ............................................................................................................ 1 B. Board of Correction IDAPA Rule ...................................................................................... 1 C. Governing Policy .............................................................................................................. 2 D. Purpose ........................................................................................................................... 2 E. Responsibility ................................................................................................................... 2 F. Definitions ........................................................................................................................ 3 G. Standard Procedures ....................................................................................................... 3 1. Introduction .................................................................................................................. 3 2. Evidence Collection ...................................................................................................... 3 3. Evidence Preservation ................................................................................................. 4 4. Evidence Disposal........................................................................................................ 5 H. References ...................................................................................................................... 5 A. STATUTORY AUTHORITY 1. Idaho Code § 20-217A, Appointment of Director – Salary – Powers and Duties 2. Idaho Code § 20-219, Probation and Parole Supervision and Training – Limited Supervision - Rulemaking Document Number: 116.01.01.001 3.0 Title: Custody of Evidence – Special Investigation Unit Page Number: 2 of 5 Idaho Department of Correction 3. Idaho Code § 20-244, Government and Discipline of the Correctional Facility – Rules and Regulations B. BOARD OF CORRECTION IDAPA RULE IDAPA 06.01.01.116, Custody of Evidence C. GOVERNING POLICY Policy 116, Custody of Evidence D. PURPOSE The purpose of this SOP is: 1. To establish guidelines for maintaining the integrity of the evidentiary chain of custody 2. To provide procedure for the processing, storage, and disposal of evidence used in administrative investigations and inquiries conducted by the Special Investigations Unit (SIU) E. RESPONSIBILITY 1. SIU Chief Investigator The chief investigator (or designee) of the SIU is responsible for: a. Overseeing administrative investigations of department matters and complaints or allegations involving department employees b. Implementing and ensuring the procedures provided herein are followed (to include ensuring SIU investigators read SOP annually) 2. SIU Investigators SIU investigators are responsible for practicing the procedures provided herein. In addition, all SIU investigators will be required to read this SOP annually. 3. SIU Evidence Technician a. The SIU evidence technician is responsible for following these procedures and is required to read this SOP annually. b. In addition, and under the general supervision of the chief investigator, the evidence technician is responsible for: i. Performing specialized clerical and routine technical work relating to securing, storing, and disposing of seized evidence and property according to federal and state law and department procedure ii. Evaluating the worth of adjudicated evidence in preparation for legal disposal and dispersal iii. Notifying investigators when evidence is to be destroyed or dispersed iv. Releasing evidentiary items to authorized personnel v. Conducting an annual inventory of property and evidence storage lockers or facilities Document Number: 116.01.01.001 3.0 Title: Custody of Evidence – Special Investigation Unit Page Number: 3 of 5 Idaho Department of Correction vi. Responding to subpoenas to bring evidence to court and to testify as needed vii. Transporting evidence to the forensic services laboratory for analysis, and retrieve and return the evidence after the analysis is completed F. DEFINITIONS 1. Chain of Custody: The unbroken trail of accountability that ensures the physical security of a sample or evidence, tracking its handling and storage from the point of collection to the final disposition. 2. Evidence: The means by which any matter of fact may be established or disproved. Such means include testimony, documents, and physical objects. 3. Evidence Technician: The person designated to receive, review, catalog, mark, document, and store submitted property and evidence for the purpose of safeguarding the integrity of the chain of custody. 4. Investigative File: A Special Investigations Unit (SIU) file containing the investigative report and other documents such as interview summaries, witness statements, evidence logs, and supporting documents of an approved investigation. 5. Special Investigations Unit (SIU): The designated unit under the Director's Office with primary responsibility for a. Conducting administrative and criminal investigations involving allegations of staff misconduct, criminal drug cases, and conspiracy to introduce major contraband into IDOC facilities. b. Recovering clients who have absconded from probation or parole c. Investigating escapes and assist in the recapture of escapees d. Conducting pre-employment background checks. e. Gathering intelligence f. Coordinating facility investigations G. STANDARD PROCEDURES 1. Introduction a. The investigator seizing or obtaining an article of evidence must maintain custody of that evidence until it is placed in the evidence storage locker or facility evidence room. b. All items or articles seized during administrative investigations and used as evidence in disciplinary or criminal proceedings must be maintained in a safe and secure manner until the completion of the proceedings. c. Evidence of criminal activity may be transferred to the law enforcement agency that has jurisdiction. 2. Evidence Collection Document Number: 116.01.01.001 3.0 Title: Custody of Evidence – Special Investigation Unit Page Number: 4 of 5 Idaho Department of Correction a. Confiscated evidence is to be properly maintained at all times if it is to be admitted as evidence in legal proceedings. To prevent legal challenges, regarding how evidence is handled, only the investigator charged with collecting and packaging the evidence (normally the case investigator) may handle the evidence. b. To establish and maintain a chain of custody, any evidence collected and packaged must be stored in a secure and safe location to ensure against theft, damage, and unauthorized possession. c. The investigator must complete a Custody of Evidence Form, (or if applicable an Idaho State Police (ISP) evidence envelope) for each item of evidence seized. Each Custody of Evidence Form must be attached to the package or container containing the evidence and the package or container must be sealed with evidence tape. (Note: If using the ISP evidence envelope, the envelope must also be sealed with evidence tape.) The investigator must then write his initials and the date on the evidence tape. If the confiscated evidence is suspected narcotics or narcotic paraphernalia, the narcotic evidence with packaging, must be weighed and sealed in a clear poly bag, (KPAC) heat sealed with signature on the sealed edge and with a chain of custody form attached. d. To preserve biological evidence like blood, semen, or saliva, wet or moist evidence must be thoroughly air-dried before being placed in a paper evidence bag to prevent degradation of the evidence. Evidence containing biological material will not be sealed using the KPAC bag. e. The fields that must be completed on the Custody of Evidence Form or ISP evidence envelope include: i. Description of the evidence ii. Location found and date found (if appropriate) iii. Charge (i.e., the type of crime alleged or type of incident) iv. Suspect (i.e., the identity of the involved staff members or persons involved) v. Officer to contact, facility phone number (i.e., the printed name, telephone number, and signature of the investigator); and vi. Date (i.e., the date the evidence was relinquished to the evidence technician). f. The investigator must also complete the Evidence Log by listing each article of evidence seized in the investigation. The original Evidence Log must be maintained in the investigative file. A copy of the log must be submitted with the evidence to the evidence technician. 3. Evidence Preservation a. The chief investigator designates the SIU administrative assistant to be the evidence technician, who is responsible for the chain of custody of the evidence for storage and disposition. b. A copy of the Evidence Log must be maintained at the SIU evidence storage locker or facility. The Evidence Log will be maintained until all evidence for that particular case is properly disposed of in accordance with this SOP. Document Number: 116.01.01.001 3.0 Title: Custody of Evidence – Special Investigation Unit Page Number: 5 of 5 Idaho Department of Correction c. When the evidence technician receives evidence from an investigator for storage in the evidence storage locker, the evidence technician will log the evidence into the evidence log with the following information: i. Location of the evidence, ii. Destruction of the evidence, or iii. Return of the evidence to the original possessor or third-party when evidence no longer needs to be held as evidence. investigative file. 4. Evidence Disposal a. 12 months after adjudication, unless a request is received from the court, etc. as noted below, other evidence (except contraband or illegal items) can be: i. Returned to the original possessor when permitted by law (If the investigator seized firearms or controlled substances, they must notify the proper law enforcement agency.); or ii. Released to a third-party who has a credible claim of ownership or is otherwise legally entitled to possess pieces of the evidence. b. Unclaimed or SIU-generated evidence (including audio and video recordings, photographs, and similar items) must be destroyed by the evidence technician according to SOP 119.01.01.001, Record Retention and Destruction unless a request is received from the court, Office of the Attorney General (i.e., Idaho Attorney General), or the Idaho Personnel Commission to continue possession or preservation of the evidence. H. REFERENCES 1. SOP 119.01.01.001, Record Retention and Destruction 2. SIU Custody of Evidence 3. SIU Evidence Log 4. SIU Property Receipt – End of Document – SIU Property Receipt property receipt must indicate to whom the evidence was released and the date. If the evidence is in the form of a controlled substance, the controlled substance must be relinquished only to the ISP for disposal. Note: Third-parties must provide photo identification. A credible claim of ownership must include documentation such as a sales receipt, a bill of sale or transfer, or other written evidence of ownership.