This Department Order establishes the controls for personal property belonging to inmates. Inmates are authorized to have in their possession personal property items that do not threaten institutional order, safety, or security.

1.2    Wardens may determine that there are safety and security considerations that require a property item to be restricted and may impose a temporary 60-day exception, pending review by the appropriate Regional Operations Director.

1.2.1    The Regional Operations Director shall uphold the exception and recommend to the Division Director of Offender Operations that the Store/Property List be modified, or direct the Warden to rescind the exception. If the exception is rescinded, no further action is required.

1.2.2    If the recommendation is to modify the list, the Division Director shall forward the recommendation to the Director for final approval or denial. Only the Director can modify Attachment A of the Department Order.

1.3    Inmates eligible through the Earned Incentive Program (EIP), as outlined in Department Order #809, are authorized to participate in the AZ Securepak Program. The program shall be conducted quarterly and only inmates at Phase III are authorized participants as follow:

1.3.1    Are eligible to spend an additional $100.00 each quarter that the program is conducted.

1.3.2    The approved vendor will publish a quarterly schedule, which shall be made available to inmates at least one month prior to the order period. Quarters are consistent with ADC’s fiscal year calendar and will coincide with full implementation of EIP.

1.3.4    Inmates in Maximum and Close custody are not authorized to purchase food products that require heating or warming to be consumed. Maximum and Close custody food products in Securepak are to be readily consumable from the original container or package.

1.4    Inmates shall be authorized to possess religious property consistent with the practices of the inmate's chosen religion. Religious property shall be approved and maintained as outlined in Department Order #904, Inmate Religious Activities/Marriage Requests.

1.1    Inmates shall not possess any property item in excess of the total amount allowed. All property items, in the inmate's possession and in storage, shall equal the total amount of property allowed.

1.1.1    When a property item is received that is in excess of the total amount allowed, the inmate shall make arrangements to dispose of the excess item(s) as outlined in this Department Order.

1.1.2    An inmate shall not obtain or purchase, at the inmate store or any other source, any item including consumable and food products (such as candy, etc.) in a quantity that when added to the quantity currently possessed exceeds the total allowed by the Store/Property list.

1.2    An inmate shall not trade, loan, barter or sell any item of personal property to staff, a visitor, contractor, volunteer, or another inmate.

1.2.1    An inmate wishing to dispose of any item shall do so through assigned staff at the inmate's own expense.

1.2.2    If an inmate wishes to donate an item of personal property to an outside charitable organization or to the Department, the inmate may do so by completing an Inmate Property/Contraband/Disposition Tracking, Form 909-6.

1.2.3    An inmate shall not be permitted to designate a specific person to whom an item is to be donated.

1.3    At intake, inmates are not authorized to bring in any personal property (including crime scene photos), other than legal papers, prescription eyeglasses/contact lenses and a wedding band if they are married. Inmates shall mail property out at their own expense or the Department will arrange to have it destroyed.

1.3.1    Wedding bands

1.3.1.1    A newly admitted inmate will have 30 days from date of intake to provide proof of marriage. If unable to verify marriage, the inmate’s ring shall be mailed out or destroyed as contraband, as outlined in this Department Order.

1.3.1.2    The inmate shall not be permitted to possess or wear the ring until proof of a marriage is received by the assigned Correctional Officer (CO) III. Rings shall be kept in secure storage in the property file until the inmate has provided proof of marriage.

1.3.2    Religious items

1.3.2.1    Religious items used in the practice of the inmate's chosen religion, not posing a threat to the safe, secure and orderly operation of the institution, may be authorized. All items shall be capable of being stored within the inmate's religious property box.

1.3.2.3    A list of approved items shall be maintained in the Pastoral Activities Administrator's office, with an updated list distributed to all institutions as updates occur.

1.3.3    At the direction of Health Services, an inmate may be authorized to keep in his/her possession or have sent to the Department, Health Services specialized medical equipment or devices.

1.4    All authorized property shall be stored neatly in the inmate’s assigned living area or in approved storage boxes as outlined in this Department Order and shall comply with Department Order #704 Inmate Regulations.

1.5    The total value of an inmate’s authorized property shall not exceed $450. No single item of personal property shall exceed $300.

1.1    All state-issued outer garments for inmates shall be orange in color. Tee shirts shall be orange; however all other undergarments and socks shall be white.

1.2    All state-issued clothing shall be imprinted as Department property in a location that is visible when the clothing is worn.

1.3    Replacement costs for lost, damaged, modified or altered state-issued property shall be charged to the inmate in accordance with the Department's disciplinary system restitution process.

1.4    At intake, the Department shall assign each newly admitted inmate a standard issue of underwear, tee shirts and socks and one pair of pants. Reception center staff shall record the issue on the Inmate State Issue/Replace/Return Receipt, Form 909-10, which shall be placed into the inmate's personal property file.

1.4.1    Upon intake or return as a community supervision violator at any Department facility, inmate personal clothing shall be thoroughly searched. Contraband shall be seized and processed as outlined in this Department Order. The inmate shall be required to mail personal clothing and possessions out of the facility at his/her expense, or the inmate may elect to have them destroyed.

1.4.2    Inmates shall be transported from the Reception Centers to their assigned institution wearing pants and shower shoes. The standard issue of tee shirts, underwear and socks shall transfer with the inmate.

1.4.3    Inmates shall be transferred between assigned institutions wearing state issue or inmate purchased orange clothing and shower shoes. The standard issue of tee shirts, underwear and socks shall transfer with the inmate.

1.4.4    Inmates transported for any other reason, such as court or the hospital, shall wear state issued or inmate purchased orange clothing.

1.5    Receiving institutions shall provide inmates with the standard issue of required clothing, including seasonal items, as appropriate and return duffle bags to the statewide transportation staff.

1.5.1    Seasonal items shall be issued to inmates and returned by the inmates as outlined in the applicable Institution Order.

1.5.2    All state-issue items shall be recorded on the Inmate State Issue/Replacement/ Return Record.

1.6    Inmates shall retain their underwear, tee shirts, socks, and athletic clothing when transferred. All other state-issue clothing shall be kept at the sending institution.

1.7    Replacement of state-issued items shall be authorized on a one-for-one exchange basis only, and recorded on the Inmate State Issue/Replacement/Return Record, which shall be maintained in the inmate's property file and updated each time state issued items are replaced as follows:

1.7.1    If a replacement is for other than routine wear, or because clothing no longer fits due to weight gain or loss, the reason shall be noted on the Inmate State Issue/Replacement/Return Record.

1.7.2    The item is worn, in need of repair and cannot be used.

1.7.3    The item was stolen. The appropriate supervisor shall provide written authorization for replacement, which shall be attached to the Inmate State Issue/Replacement/Return Record and shall become a permanent record in the property file.

1.7.4    The item was destroyed or damaged beyond use, in which case disciplinary action shall be taken.

1.7.4.1    When disciplinary action is taken against an inmate for destroying, losing or damaging state-issued items, the inmate's trust account shall be billed for the replacement costs of the item(s).

1.7.4.2    Disciplinary action may also be taken against inmates who have an excess amount of state-issued clothing in their possession.

1.7.5    Other valid reasons when authorized by the Warden or Deputy Warden.

1.8    Inmates shall return all state-issued items to designated staff upon release from Department custody, except for clothing to be worn for release. Staff shall record the return of the clothing on the inmate's Inmate State Issue/Replacement/Return Record.

1.8.1    Wardens may permit an inmate to receive suitable release clothing from family members, friends and/or charitable organizations.

1.8.2    State-issue release clothing may be obtained from Arizona Correctional Industries (ACI), and shall be of unique materials, colors, designs and/or construction, to allow it to be readily distinguished and recognized from that which is issued or sold by the Department to inmates.

1.8.3    All orange-colored uniform clothing purchased by an inmate through an inmate store shall be returned to the Department prior to release from custody. Inmates shall not be released in Department orange uniforms. The Department shall not reimburse inmates for the cost of these articles of clothing.

909.04     PROPERTY INVENTORY

1.1    Assigned staff shall complete an inventory of an inmate's property, using the Inmate Property Inventory, Form 909-4, and when appropriate, the Inmate Property Inventory Supplement, Form 909-1, when the inmate:

1.1.1    Arrives at a Reception Center.

1.1.2    Is transferred from one institution to another institution.

1.1.3    Is transferred from one unit to a unit of a higher custody level.

1.1.4    Is transferred from general population to a segregated population.

1.1.5    Is released from Department custody.

1.1.6    Is assigned to temporary placement.

1.1.7    Escapes.

1.1.8    Is deceased.

1.2    Assigned staff may permit the inmate to pack his/her personal property without a staff member completing an inventory when the inmate is to be transferred between units of the same custody level within the same institution. Property of inmates moving into double-bunked cells shall be searched. Assigned staff shall conduct a visual inspection of the inmate’s property before permitting the items to be packed by the inmate, with a focus on the discovery of suspicious or excessive property.

1.3    Inventories of inmate property shall not be used as punishment or harassment.

1.4    Two staff members shall complete inventories when the inmate is not present. Both staff members shall sign the completed Inmate Property Inventory form indicating that the inventory is a true and accurate accounting of the inmate's personal property.

1.5    The Inmate Property Inventory, and Supplement if necessary, shall be legibly completed, describing only one item on each line, and describing presence of the item as it is listed on the preprinted form.

1.6    Descriptions on the Inmate Property Inventory Supplement shall include items not preprinted on the Inmate Property Inventory, and where applicable:

1.6.1    Make.

1.6.2    Model designation.

1.6.3    Serial number.

1.6.4    Color and size. (Staff shall indicate jewelry items as yellow or gold colored or silver colored.)

1.6.5    Distinguishing marks.

1.6.6    Signatures.

1.6.7    Engravings.

1.6.8    Visible condition (poor, fair, good).

1.6.9    Working condition (The only authorized entries are W = Working, N= New, U= Used, NW = Not Working).

1.6.10    Any other identifying characteristics.

1.7    If an inmate escapes, the inmate's personal property and funds shall be declared unclaimed property and shall be disposed of as outlined in sections 909.07 of this Department Order.

1.8    When an inmate is removed from an assigned cell or housing unit overnight for medical care, a court appearance, or other such temporary reasons, the appropriate staff member shall ensure that the inmate's property is inventoried and securely stored until the inmate returns. A receipt of secured property shall either be given to the inmate, or placed in the inmate's file. This inventory shall be performed by one staff member if the inmate is present, and by two staff member when the inmate is not.

1.9    Upon the death of an inmate, two staff members shall inventory the inmate's personal property.

1.9.1    An Affidavit for Collection of Personal Property, Form 909-2, shall be completed and notarized, when applicable.

1.9.2    The property shall be released as outlined in Department Order #711, Inmate Notification of Hospitalization or Death.

1.1    When inmates are moved from one institution/unit to another, all property permitted by this Department Order, except for appliances and legal materials, shall be placed in a duffel bag and sealed with a tamper-proof property seal.

1.1.1    Each institution shall maintain an adequate supply of property seals and duffel bags.

1.1.2    Appliances shall be boxed if the type of transportation requires the boxing of the appliance to ensure safe transfer, and/or if distance to be traveled from one institution/unit to another is greater than 15 miles.

1.1.3    Legal boxes shall be labeled to indicate total number of boxes, inclusive of those in storage, such as 1 of 4.

1.2    Where the inmate has packed his/her own personal property, staff at the sending institution shall require the inmate to:

1.2.1    Transport his/her property to the packing site.

1.2.2    Pack the duffel bag with the personal property item(s).

1.2.3    Test any appliance(s) for proper working condition in the presence of a staff member.

1.2.4    Observe the application of the tamper-proof property seal to the duffel bag.

1.3    Where the inmate has not been permitted to pack his/her own personal property, staff at the sending institution shall immediately secure the inmate's personal property, including any property in storage, and complete an inventory of the property using the Inmate Property Inventory, and Supplement if needed. Staff shall:

1.3.1    Print their name, badge number and tamper-proof property seal number on the inventory form(s) and sign the form(s).

1.3.2    Obtain the inmate's signature, if present.

1.3.3    Secure the duffel bag by hooking the tongue of the zipper and the two metal grommets through the property seal.

1.3.4    Obtain a supervisor’s review and signature on the Inmate Property Inventory certifying the inventory has been correctly performed. In the event that the seal has to be broken prior to transport, a separate/supplemental inventory form(s) shall be completed and attached to the original inventory sheet and the container shall be resealed.

1.3.5    Ensure that any Inmate Property Inventory forms are distributed/forwarded as outlined in this Department Order.

1.4    Boxes containing legal material or appliances shall be:

1.4.1    Labeled with inmate's last name and the Department issued number (ADC number).

1.4.2    Labeled to indicate total number of boxes, inclusive of those in storage, such as 1 of 4.

1.5    All property item(s) (such as, duffel bag, boxed and unboxed appliances) shall be labeled and numbered sequentially, such as 1 of 3, 2 of 3 and etc.

1.5.1    Staff shall place a three-inch wide piece of masking tape along the exterior of the duffel bag that has inmate's last name, ADC number and total number of items for transport printed on it.

1.5.2    The inventory officer shall record on the Inmate Property Inventory form the number of item(s) to be transported, such as 2 legal boxes, 1 duffel bag, 2 appliances, for a total of 5 items.

1.6    Excess or non-transferable property shall be boxed and processed as outlined in this Department Order by the sending institution. Staff shall:

1.6.1    Legibly and thoroughly complete the Inmate Property Inventory form(s), indicating the condition of each inventoried item, and shall sign and date the form(s) to include printed name and badge number.

1.6.2    Place the inventory form(s) inside the container.

1.6.3    Tape and seal all containers of property for transporting.

1.6.4    Print the inmate's name, ADC number and the number of containers being transported on the outside of each container.

1.6.5    Inventory property that was in storage and package it separately for transport.

1.7    Property that has been inventoried and sealed shall be stored in a secured area inaccessible to inmates until the time of transportation.

1.8    Transporting staff shall:

1.8.1    Accept inmate property files from the sending unit.

1.8.2    Load the property, with the assistance of sending institution staff.

1.8.3    Sign for the number of sealed containers.

1.8.4    Not accept unsealed or damaged containers.

1.8.5    Obtain blank forms from, and deliver completed Information Report(s), Form 105-2, to, receiving staff concerning any containers, which are lost, opened, or damaged in transit.

1.9    Receiving staff shall:

1.9.1    Note damaged containers and seals on the Inmate Property Inventory form(s). If the tamper-proof property seal has been compromised, inventory all property and submit an Information Report.

1.9.2    Conduct another inventory in those instances of an inmate not packing their personal property and indicate the receipt of each individual item by cross-checking in the "Receiving" column of the relevant Inventory form(s). Irregularities appearing during the inventory shall be noted in the comments section of the Inventory form(s).

1.10    In the presence of the inmate, one staff member shall complete the inventory, obtain the inmate's signature and sign the inventory form(s).

1.10.1    Both the sending and receiving institutional staff shall verify the working condition of all appliances and document it on the form in the box titled "condition." The only terms authorized for this entry are W = Working, N = New, U = Used, NW = Not Working.

1.10.2    Except when safety and/or security considerations dictate otherwise, staff shall ensure that the inmate is present during an inventory of the inmate's personal property.

1.11    Upon transfer, staff shall document unauthorized property on the Inmate Property Inventory form(s) and the Inmate Property/Contraband/Disposition Tracking form, to allow the inmate to dispose of specified unauthorized property at the inmate's expense.

1.11.1    Unauthorized property that is not disposed of by the inmate shall be processed as unclaimed property.

1.11.2    The inmate shall sign the Inmate Property/Contraband/Disposition Tracking form prior to distribution of the form and disposition of the unauthorized/unclaimed property.

1.12    Staff shall carefully check each inmate's property record upon the inmate's discharge from the Department or transfer to another institution, to ensure that the inmate is taking any previously-authorized property items.

1.13    Staff shall seize contraband and unclaimed property and forward it to the Contraband Control Officer to be held for appropriate disposition as outlined in the Inmate Discipline System and this Department Order.

1.14    Prescription medications, which have been prescribed by Health Services, Mental Health or contract medical staff and are in the original prescription packet or container and are in the inmate's possession may remain with the inmate during transport.

1.14.1    All other medications, to include store-bought/over-the-counter items, shall be packed in the duffel bag and sent with the inmate.

1.14.2    Health Services or contract medical staff shall determine any exceptions for inmates to possess other medications during transport.

1.14.3    An inmate may choose to have his/her medication transported with their inventoried property.

1.15    Any property allowed into any institution, including all stored property, shall be transferred with the inmate by the sending institution. Arrangements for disposition and/or storage of excess property or property that is disallowed shall be made by the receiving institution.

1.1    If unauthorized property arrives by mail, mailroom staff shall indicate this on an Inmate Property/Contraband/Disposition Tracking form, and notify the inmate, in person, within three work days.

1.1.1    The inmate shall sign and date the form at the time of notification.

1.1.2    The inmate has 90 days to notify designated staff of the desired disposition. If the inmate fails to do so, the property shall be processed as unclaimed property and disposed of as outlined in section 909.07. Documentation of the disposition shall be placed in the inmate personal property file.

1.2    Disposal of property by an inmate:

1.2.1    If an inmate wishes to dispose of any personal property, the inmate shall obtain an Inmate Property/Contraband/Disposition Tracking from the assigned staff, complete it and return it with the personal property item to the designated staff member for disposition.

1.2.2    Inmates are responsible for all costs associated with the disposal of personal property, including the return of unauthorized property. If the is inmate is indigent, the Department shall be responsible for the return of incoming unauthorized property and shall place a hold on the inmate’s trust account to cover the costs of property disposal or return.

1.2.3    Property to be picked up shall not be released until the person designated by the inmate signs the Inmate Property/Contraband/Disposition Tracking.

1.3    Any approved property item that is removed from an inmate's possession shall be stored by the Department, at the same institution as the inmate, until the property is returned to the inmate, or upon the inmate's release from the Department. Any property item for which proof of authorized ownership cannot be established may be disposed of as outlined in this Department Order, section 909.07.

1.4    Staff shall provide the inmate with a legible copy of all documentation of personal property that is inventoried and received by mail or other than outlined under 909.04, 1.1. In addition, staff shall:

1.4.1    Provide the inmate with any invoices and/or packing slips included with merchandise received along with the property, and place copies of invoices and/or packing slips in the inmate personal property file.

1.4.2    Consider any item in the possession of an inmate, which is not documented in the inmate personal property file, as unauthorized property and immediately seize it, record it on an Inmate Property/Contraband/Disposition Tracking, and give a copy of the form to the inmate. The inmate shall provide proof of authorized ownership of seized property prior to property being registered and returned to the inmate by the designated staff member. If the inmate does not provide proof within 90 days, the property shall be treated as unclaimed.

1.4.3    Register any appliance on an Inmate Property Received, Form 909-5, including the make, model, serial number, color, and other information pertinent to the description of the item(s).

1.4.5    Require inmates to report to the appropriate staff member, within five work days, any art or craft item manufactured within the institution that the inmate is allowed to keep as personal property.

1.4.5.1    Upon receipt of notification, the designated staff member shall begin registration, engraving, and/or photocopying of the art or craft item.

1.4.5.2    An inmate's failure to adhere to this requirement shall result in seizure of the art or craft item as unauthorized property.

1.5    Any staff member delivering or otherwise processing mail to an inmate, who discovers crime scene/autopsy photographs upon opening mail, shall not turn them over to the inmate for his/her possession. The staff member shall issue the inmate an Inmate Property/Contraband/Disposition Tracking form and write an Information Report. For the purposes of this rule, crime scene/autopsy photos are not limited to actual photographs and include, but are not limited to, photocopies of photographs, internet reproductions, and other reproductions of actual photographs.

1.5.1    The seized photographs shall be forwarded the same day of receipt to the office of the appropriate unit Deputy Warden. The Deputy Warden shall ensure that the photographs are secured in the designated property room.

1.5.2    The photographs shall be considered a "box" under this rule and shall be stored in an appropriate envelope or container clearly marked with the inmate’s name, ADC number, and an inventory of the number of photographs inside. The envelope or box shall be clearly marked "Contents not allowed in cell." Staff shall ensure that the photographs are transferred with the inmate’s property upon any subsequent transfer to another institution or unit.

1.5.3    Inmates shall submit a written request to the unit Deputy Warden to access the box containing the photographs. Requests shall not be unreasonably denied. Repeated requests for access may be denied by the Warden or Deputy Warden if, in their professional judgment, the requests interfere with the orderly operation of the institution.

1.1    Staff who discovers contraband shall:

1.1.1    Seize it when safe and practical to do so.

1.1.2    Leave contraband that is part of a crime scene in place. The crime scene shall be secured and the Criminal Investigations Unit (CIU) notified.

1.1.3    Submit an Inmate Property/Contraband/Disposition Tracking, or an Inmate Bank Receipt, Form 905-9, through their immediate supervisor to the Contraband Control Officer.

1.1.4    Secure the contraband in the appropriate container, such as a paper envelope, box, vial or other container.

1.1.5    Seal the container with evidence tape and write their initials, date and time across the end of the tape.

1.1.6    Obtain a case number according to the appropriate Institution Order, and write the case number on the container.

1.1.7    Complete a Contraband Control form, attach a copy of the form to the container, and begin to record the chain of evidence.

1.1.8    Complete an Information Report.

1.1.9    Submit the contraband, with the completed Contraband Control form, to the Contraband Control Officer.

1.2    When storing and recording contraband, the Contraband Control Officer shall:

1.2.1    Receive and store all contraband, physical evidence and unauthorized property submitted by staff members.

1.2.2    Ensure that the Inmate Property/Contraband/Disposition Tracking form is properly completed, that the contraband and physical evidence are properly packaged, and that the physical evidence is properly documented.

1.2.3    Return property to rightful owners who file a legal claim of ownership, and complete the Inmate Property/Contraband/Disposition Tracking form.

1.2.4    Document the forfeiture procedure followed for each item of contraband and unclaimed property.

1.2.5    Coordinate and fully document the destruction/disposal of contraband and unclaimed property, to include completing a Contraband and Evidence Destruction, Form 909-9, when appropriate.

1.2.6    Maintain comprehensive records of the disposition of all contraband, physical evidence, unauthorized property and unclaimed property.

1.2.7    Purge and destroy contraband and property-disposition records three years from the disposition date.

1.3    Staff shall complete an Inmate Property/Contraband/Disposition Tracking form before releasing contraband property. Examples of situations in which property shall be released to lawful owners include, but are not limited to, the following:

1.3.1    Unauthorized property that was seized from an inmate:

1.3.1.1    That the inmate has assigned or given to someone outside of the Department.

1.3.1.2    That belongs to someone outside of the Department.

1.3.1.3    That belongs to another inmate.

1.3.2    Property that was seized during the course of an investigation that belongs to the victim of a crime, upon the request of the victim and after consultation with the prosecutor and the investigator. If the property cannot be promptly returned, staff shall provide an explanation to the victim or return the property as soon as possible to the victim, or to a lawful recipient authorized by the victim (owner of the property), if the victim is an inmate and the property is not authorized.

1.3.3    Property that constitutes physical evidence for a trial or disciplinary hearing, if the court or disciplinary officer determines that a photograph of the evidence can be substituted and orders the property to be returned to the victim.

1.4    Staff shall ensure that evidence to be released to the victim is made available to the defendant's attorney or investigator for inspection and independent photography before it is released.

1.5    The Contraband Control Officer, during the disposition of unclaimed or unauthorized property and contraband, shall:

1.5.1    Ensure that staff returns those items that are marked and identified as belonging to the Department to the appropriate area, accompanied by a copy of the Inmate Property/Contraband/Disposition Tracking.

1.5.2    Include the items on the area's inventory.

1.5.3    Hold, as physical evidence until disciplinary hearings are completed, items from a previously-reported theft that have been marked and identified as belonging to an inmate theft victim.

1.5.3.1    A copy of the Inmate Property/Contraband/Disposition Tracking shall be placed in the evidence bag, and a copy shall be given to the officer or investigator who submitted the recovered items.

1.5.3.2    After the Disciplinary Hearing Officer has announced the findings, the items shall be returned to the inmate who owns them.

1.5.4    Return, at the inmate's expense if possible, unauthorized items received through the mail and/or by other means to the sender, if the items have not been concealed to avoid detection.

1.5.4.1    If the inmate is indigent, the Department shall be responsible for the expense.

1.5.4.2    When the Contraband Control Officer establishes that the inmate has no person to whom the items can be released, they shall be stored at the Department's expense.

1.5.4.3    If items are not claimed by and returned to the inmate/owner, they shall be processed as unclaimed property.

1.5.4.4    Unauthorized items received through the mail, and/or by other means, that have been concealed to avoid detection are seized as physical evidence.

1.5.5    Process the unclaimed or unauthorized property or contraband when the case is adjudicated or closed.

1.6    If an inmate chooses to donate property to the Department, or fails to claim seized items, the items shall be legally forfeited to the Department and disposed of appropriately.

1.6.1    All unauthorized property or money that is turned over to the Department by a finder is kept for 30 days, during which time every reasonable effort shall be made to locate the owner.

1.6.2    If the owner is not located within 30 days, a 15-day notice shall be sent to the finder.

1.6.2.1    After the 15-day notice has expired, a notice shall advise the finder to claim the money or property.

1.6.2.2    If the finder is a public officer or employee of the federal, state or local government who found the money in the course of the performance of duties of the office or employment, the property or money shall be disposed of as unclaimed property.

1.6.2.3    If unclaimed, the money or property shall be handled as unclaimed property and reverted to the Clerk of the Superior Court.

1.7    Contraband and unclaimed property shall be forfeited to the State so that the Department can begin disposal proceedings.

1.7.1    When the Warden or Deputy Warden has determined that seized contraband is valued at $25 or less, disciplinary charges are filed, and the Disciplinary Hearing Officer orders that the contraband be forfeited as a penalty of a disciplinary hearing, the contraband shall be forfeited without a court order. The Department may use forfeited property that is valued at $25 or less.

1.7.2    When contraband valued at $25 or less, as determined by the Warden or Deputy Warden, is not forfeited through the disciplinary process, or when property remains unclaimed, it shall be forfeited without a court order and disposed of as outlined in this Department Order, section 909.07, 1.8.

1.7.3    If the Warden or Deputy Warden determines that unclaimed property or contraband is valued in excess of $25, the items shall be forfeited pursuant to a court order and disposed of as outlined in this Department Order, section 909.07, 1.10. The Department may request the Office of the Attorney General to petition the Superior Court for an order to allow the Department to use property that is valued in excess of $25. (See Attachment B)

1.7.5    Narcotics and illegal drugs shall be forfeited and processed as outlined in section 909.07, 1.10.

1.8    Periodically, as required by storage capacity, the Contraband Control Officer shall:

1.8.1    Select for disposal all items of contraband and unclaimed property that have been forfeited to the State or that will require a court-ordered forfeiture.

1.8.2    Secure or verify the case officer's/submitter's approval on a Contraband and Evidence Destruction Form 909-9, prior to forfeiture and disposal of the contraband or physical evidence.

1.8.3    Prepare a list for items that are illegal, and two separate lists for other contraband, such as one for legal items of contraband and unclaimed property valued at $25 or less, and one for items valued in excess of $25. Each of the three lists shall include the case number and a general description of the contents.

1.8.4    Review each case to determine whether criminal or disciplinary charges were filed.

1.8.4.1    If charges were not filed in connection with the case, the prosecuting attorney or Disciplinary Coordinator's approval is not required to begin forfeiture or disposal proceedings.

1.8.4.2    If charges were filed or when there is no clear indication that charges were not filed, the prosecuting attorney or Disciplinary Coordinator's approval is necessary prior to requesting forfeiture or disposal of contraband or unclaimed property related to the case.

1.8.5    Finalize the disposal lists after review and compliance with any limitations or stipulations required by the prosecuting attorney or Disciplinary Coordinator.

1.8.6    Ensure that physical evidence and/or unclaimed property for which there is no discernible record (i.e., for which there is no known owner, no record of whom the items were seized from and no record of how the items came into the Department's custody) have been forfeited as unclaimed property.

1.8.7    Submit all disposal lists to the Warden or Deputy Warden for review and approval.

1.8.8    Assemble all forfeited items listed for disposal prior to the disposal date, which shall be determined by the Warden, Deputy Warden or designee.

1.8.9    Notify the destruction committee members of a scheduled disposal/destruction at least three work days prior to the scheduled disposal/destruction date.

18.10    At the time of disposal, work with the destruction committee to verify that all forfeited items listed in the Inmate Property/Contraband/Disposition Tracking forms are included and checked off as they are disposed of or destroyed.

1.8.11    Request a court order to forfeit all unclaimed items that have not otherwise been forfeited. (See the Example of an Affidavit to Request Forfeiture, Attachment C)

1.8.12    Ensure that unclaimed items valued at $25 or less, or items that have been rejected by the Clerk of the Superior Court, are destroyed or given to an appropriate charity or to an indigent inmate, as approved by the Warden.

1.8.12.1    Items that have military or historical value may be given to an appropriate museum.

1.8.12.2    Coins that have a fair market value other than face value may be sold at fair market value to a dealer or any other collector.

1.8.12.3    Items that may have a useful value to the Department may be retained and used by staff as directed by the Warden.

1.9    Contraband and unclaimed property (except money and explosives) valued at $25 or less, including that forfeited in as a result of disciplinary action shall be destroyed by the Contraband Control Officer and the destruction committee.

1.9.1    All forfeited narcotics, dangerous drugs and other items, used or intended for use in the sale or receipt of a narcotic or dangerous drug, shall be incinerated or disposed of in landfill approved for such use by local law enforcement, by the Contraband Control Officer and the destruction committee.

1.9.2    All forfeited items to be destroyed that that can not be incinerated shall be broken or crushed, and deposited in an off-site dumpster or at a landfill.

1.10    Contraband (including narcotics, illegal drugs and other items, used or intended for use in the sale or receipt of a narcotic or dangerous drug) and unclaimed property (except for explosives) valued in excess of $25 shall be forfeited and disposed of in accordance with the following procedures:

1.10.1    Unclaimed property items to be disposed of shall be listed periodically, not more frequently than every two months, by the Contraband Control Officer and submitted to the Warden or Deputy Warden.

1.10.2    The Warden or Deputy Warden shall ensure that the unclaimed items are legally advertised (as required by the Clerk of the Superior Court) so that lawful owners may be notified and may file a legal claim.

1.10.3    Eighteen calendar days from the advertising date, the Warden or Deputy Warden shall prepare an affidavit, listing items that remain unclaimed, to be submitted to the Attorney General Liaison for review and approval. (See Attachment C)

1.10.3.1    The Attorney General Liaison shall forward the approved affidavit to the Office of the Attorney General with a request for that office to petition the Superior Court for an order to forfeit and dispose. (See Attachment D)

1.10.3.2    When the court order is received, the Contraband Control Officer shall dispose of the items as ordered.

1.10.3.3    Since court-ordered disposal procedures may vary from county to county, Wardens and Deputy Wardens shall ensure that their written instructions include procedures for disposal required by the Presiding Judge of the Superior Court in their respective county.

1.10.3.4    After the items are disposed of, the Contraband Control Officer shall prepare an affidavit stating that the property listed in the court order was disposed of as ordered.

1.10.3.5    The Warden or Deputy Warden shall forward the affidavit to the Department’s General Counsel who will forward copies to Office of the Attorney General and the Attorney General Liaison and the. (See Example of Disposal Affidavit, Attachment E)

1.10.3.6    When a court order requires items to be delivered to the Clerk of the Superior Court for disposition, the Warden or Deputy Warden shall prepare a letter of transmittal to the Clerk of the Superior Court. (See Attachment F)

1.10.4    All forfeited narcotics, dangerous drugs and other items shall be disposed of as outlined in 1.9.1 of this section.

1.10.5    All forfeited items to be destroyed that can not be incinerated shall be deposed of as outlined in 1.9.2 of this section.

1.11    Contraband money in the amount of $25 or less forfeited pursuant to the Department's inmate disciplinary process or that remain unclaimed by a lawful owner, shall be deposited in the General Fund.

1.12    Contraband money in excess of $25 shall only be forfeited and disposed of in accordance with a court order.

1.13    When any firearm is seized, the Contraband Control Officer shall, prior to forfeiture or disposal, ensure that the serial number is checked through the Arizona Criminal Justice Information System (ACJIS) to determine if the weapon has been reported lost or stolen. If the weapon is reported lost or stolen, CIU shall investigate and contact the reporting authority.

1.14    All firearms and other weapons that are forfeited through the disciplinary process, or that remain unclaimed by a lawful owner and are valued at $25 or less shall be disposed of in one of the following ways:

1.14.1    Knives, homemade weapons and manufactured firearms that are damaged, old or of poor quality shall be destroyed with welding equipment or melted at the nearest smelter available for State use.

1.14.2    Manufactured firearms that are in serviceable condition shall be delivered to the Clerk of the Superior Court, in the county in which the firearms are located, for disposal. In the event the Clerk of the Superior Court declines to accept the firearms, they shall be destroyed as outlined in 1.14.1 of this section.

1.15    All firearms or weapons valued in excess of $25 and that remain unclaimed by a rightful owner shall be listed on an affidavit for attachment to a petition to the Superior Court for forfeiture. After forfeiture, they shall be disposed of in accordance with the court order.

1.16    Wardens or Deputy Wardens, or other on-scene command staff, shall ensure that explosives are never transported by Department staff members, are not submitted to a Contraband Control Officer as contraband or are never delivered to an institution for any reason. CIU shall be contacted immediately for all suspected explosive material.

1.17    Physical evidence that is no longer needed for inmate disciplinary or criminal prosecution shall be handled as contraband, unauthorized property or unclaimed property if it cannot be returned to the victim pursuant to A.R.S.§ 13-4429. Under no circumstance shall any employee convert any contraband, or unauthorized or unclaimed property of any type to personal use.

1.1    The Criminal Investigations Unit (CIU) investigators shall:

1.1.1    Conduct appropriate investigations and follow-up investigations on contraband that consists of illegal items or substances, or unauthorized property.

1.1.2    Maintain all physical evidence related to cases being investigated by CIU. All evidence shall be properly reported, collected, secured and disposed of as lawfully authorized.

1.1.3    Assign a criminal case number to each case and related physical evidence investigated by CIU.

1.1.4    Collect and maintain custody and storage of all physical evidence from crime scenes prior to and after scientific analysis is obtained.

1.1.5    Request and obtain needed scientific analysis of physical evidence from Arizona Department of Public Safety (DPS).

1.1    To file a property claim, inmates shall:

1.1.1    Use the provisions of Department Order #802, Inmate Grievance System, to file Risk Management claims.

1.1.2    File reimbursement claims within 90 days from the date the loss is first discovered.

1.1.3    File Risk Management claims only after the reimbursement has been approved. The Risk Management Coordinator shall not accept claims for reimbursements that are not filed within the 90-day period from the date the inmate first discovers the loss.

1.2    Wardens, Deputy Wardens or Grievance Coordinators shall:

1.2.1    Determine through the inmate grievance system if there was staff or Department conduct that deviated from Department written instructions.

1.2.2    Recommend to the Risk Management Liaison, if such conduct indicated above is found, that the inmate be reimbursed for the loss. A Claims Adjuster from the Arizona Department of Administration (ADOA) Risk Management shall determine payment of claims involving property loss or damage due to building system environment failures.

1.3    For property loss claims, the inmate shall obtain the necessary forms from the Grievance Coordinator and complete and provide copies of the following documents to the Grievance Coordinator:

1.3.1    Notice of Claim Against the State of Arizona (Risk Management form for Attorney General's Office).

1.3.2    General Liability Loss Report (Risk Management form RM-012).

1.3.3    Inmate Grievance, Form 802-1.

1.3.4    Inmate Grievance/Investigation Report, Form 802-5.

1.3.5    Any Inmate Property Inventory forms (Inmate Property Inventory form and/or Inmate Property Inventory Supplement form), indicating each item for which the reimbursement is being claimed.

1.3.6    Reimbursement Inventory Sheet, Form 909-11.

1.3.7    The purchase receipt that indicates the actual purchase value of each item lost; or an affidavit declaring the purchase price and date of purchase from the vendor, relative or other individual who can attest to the purchase price of the item.

1.4    The Grievance Coordinator shall:

1.4.1    Return to the inmate any claim submitted if a grievance has not been filed.

1.4.2    Assist the inmate in obtaining and completing the appropriate forms.

1.4.3    Forward the completed claim packet to the Business Office/Risk Management Coordinator.

1.5    The Risk Management Coordinator shall:

1.5.1    Log claims and assign claim numbers.

1.5.2    Assess claims and determine the amount of compensation to be paid.

1.5.3    Pay claims for less than $450 from the institution's budget. The Institution=s Business Office shall pay such claims from the institution's Revolving Fund.

1.5.4    Submit, within ten days, claims for $450 or more to the DOA Risk Management Section for payment.

1.5.5    Maintain all documentation on claims for three years following final disposition of the claim.

1.5.6    Order forms from the appropriate source, as necessary, to maintain an adequate stock.

1.6    All inmate personal property shall be valued at replacement cost less depreciation (actual cash value).

1.6.1    Depreciation shall be determined by using the Inmate Property Schedule of Depreciation/Reimbursement. (See Attachment G)

1.6.2    When an inmate does not have a receipt to indicate the date of purchase and the cost, the efforts made to determine this information shall be documented in the claim file, along with how the final age and value were established.

1.6.3    Depreciation shall not exceed 90 percent of the item's value.

1.7    The Claims Adjuster from ADOA Risk Management shall not consider claims for compensation for:

1.7.1    Losses of edible foodstuffs or perishable items, other than canned goods obtained through purchase that are reported as a loss caused by the State.

1.7.2    Property losses that are above the maximum dollar aggregate allowed in this Department Order.

1.7.3    Property losses in excess of the limit, which occur before the inmate takes possession of the property, may be considered for reimbursement above the limit by the Claims Adjuster from ADOA Risk Management. An example of this situation may arise when property is lost in transit when the inmate is transported from the county jail.

1.8    As a resource to replace inmate property lost or damaged due to staff negligence, unclaimed property valued at $25 or less that is serviceable and meets the requirements of Attachment A may be issued to an inmate as approved by the Warden or Deputy Warden. This property shall be issued as follows:

1.8.1    The loss or damage has been verified by an investigation conducted by Department staff.

1.8.2    A property file review to determine original ownership has been completed and verified before issuance.

1.8.3    The item is not involved in any form of investigation.

1.8.4    The item is not issued under a "Loaner Status."

1.8.5    The item becomes part of the inmate’s personal property and is not subject to revocation upon transfer, release or death.

1.8.6    The inmate has agreed in writing to the replacement property item.

1.1    At intake, Reception Center staff shall establish an Inmate Personal Property File containing name, ADC number, and all documentation related to inventory, movement and registration of inmate’s personal property. The intake staff shall photocopy authorized jewelry items and place the photocopy in the Inmate Personal Property File.

1.2    Upon transfer, the Inmate Personal Property File shall be transferred with the inmate.

1.4    Upon an inmate's return or recommitment, staff shall establish a new Inmate Personal Property File.

1.5    The Inmate Personal Property File shall include the following:

1.5.1    Side 1: Photo of inmate and any required photocopies.

1.5.2    Side 2: Inmate property inventories.

1.5.3    Side 3: State Issue Property Records/Property Received Records.

1.5.4    Side 4: Property Release forms.

1.6    Property File Audits:

1.6.1    Staff assigned to maintain property files shall audit files on a random basis.

1.6.2    Discrepancies in the property amounts, possession or ownership shall be documented in the property file and may require an inventory.

1.7    Property files shall be maintained in terminal digit order as outlined in Department Order #901, Inmate Records Information and Court Action.

Within 90 days of the effective date of the Department Order:

• The Division Director for Offender Operations shall develop and issue an Inmate Property Technical Manual.

• Each Warden shall update and issue the appropriate Institution Orders For Inmate Property addressing, at a minimum:

• Property operations.

• Property contraband control.

• The procedure for stamping releasee state-issue clothing.

• The issue and return of state-issued seasonal clothing.

• Wardens and Deputy Wardens shall update and issue the appropriate Post Orders for mail, property and store operations.

CHAIN OF EVIDENCE - An accounting for the custody of evidence, contraband and property, including names of those in possession, and dates and times of possession, from the moment it reaches an employee's custody until legal disposition.

CLAIMS ADJUSTOR - A representative from the Arizona Department of Administration (ADOA), Risk Management Section, who is responsible for insurance claims dealing with safety and loss activities.

CONSUMABLE FOOD ITEMS – Authorized food items purchased from the inmate store not considered as a part of the inmate's personal property.

CONTRABAND- Any item not permitted by law, or any item that is expressly prohibited by the Department; Items possessed by an inmate which, by their nature, use, or intended use, pose a threat to the security or safety of inmates, staff or public, or disrupt, the orderly operation of the facility; Items possessed by an inmate without permission and:(a) The location in which these items are discovered is improper: or (b) The quantities in which an allowable item is possessed is prohibited; or (c) the manner or method by which the item is obtained was improper; or (d) An allowable item is possessed by an inmate in an altered form or condition

CONTRABAND CONTROL OFFICER - Staff assigned by the Warden and Deputy Warden to coordinate transportation, storage, documentation and disposition of contraband, evidence and unclaimed property.

DISPOSAL, DISPOSITION - The Department's action to remove items of contraband, evidence, unauthorized property or unclaimed property from its inventory by destruction, donation, release to the victims/lawful owners, or otherwise according to court orders.

ELECTRICAL APPLIANCE - Any inmate property item that must be plugged into an electrical outlet in order to operate. For the purposes of this Department Order, a major electrical appliance is considered to be a Television of any size, an immersion heater or fan of any type including those items that were authorized by earlier written instructions; but, are no longer included on the Inmate Store/Property List as an authorized item.

INDIGENT - An inmate whose account balance is $12.00 or less and has not exceeded this amount during the previous 30 days.

INMATE PROPERTY - An inmate's authorized personal property and the State Property issued to the inmate.

INVENTORY - A listing of inmate property excluding food items to ensure accountability and compliance with this Department Order.

LEGAL DOCUMENTATION - An original or certified copy of a birth certificate, marriage license, adoption papers or other legal record that indicates the relationship of the person to the inmate.

MODIFICATION - Any change from the original appearance or function of an item of property. Changes that are prohibited include unauthorized repair, dismantling, cutting, tearing, numbering, lettering, drawing, painting or attaching of decals or pictures to or upon any item of property. When property is modified, it shall become unauthorized property and may not be replaced for one year.

PHYSICAL EVIDENCE - Items connected to an inmate disciplinary case or to a crime, which may be presented as evidence in the administrative or criminal prosecution of an individual. When the case is adjudicated or closed and the evidentiary items are no longer needed, they are returned to the victim or are appropriately redefined as contraband or property, depending on the nature of the item.

PROPERTY TAMPER SEAL - A small, red, numbered, self-sealing tag that may be removed only by cutting.

RISK MANAGEMENT CLAIMS - Claims submitted by inmates for reimbursement for property loss or damage due to building system environment failures or documented staff or Department conduct that deviates from Department written instructions.

RISK MANAGEMENT COORDINATOR - An employee designated by the applicable Deputy/Division Director or Warden who coordinates loss claims between the division/institution and the ADOA, Risk Management Section.

TEMPORARY PLACEMENT - An inmate's temporary assignment to a court, hospital or furlough.

UNAUTHORIZED PROPERTY - Items not inherently illegal that are considered contraband when possessed by an inmate or visitor within an institution.

• Any inmate property, per Blum v. State, previously accepted in the prison system, but subsequently disallowed by policy from an inmate's immediate possession.

UNCLAIMED PROPERTY – Unauthorized property, seized or recovered property which has not been legally claimed by an inmate within 90 days shall be considered contraband.

IT IS ORDERED that the Arizona Department of Corrections is authorized to dispose of the property/contraband listed in the Petition at a date, time and place to be determined by the Arizona Department of Corrections, all in accordance with A.R.S. '12-941 et. seq.