Trinity County Grand Jury
• 2015-2016
Jur2015-2016-001 Evidence Policies & Procedures Final Report Approved 05/26/2016
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 25 findings
F1
There are conflicting policies and procedures in the two Lexipol template manuals - Custody and Policy - used by the Sheriff’s Department.
Related Recommendations (1)
R1
A thorough review and comparison of the Policy and Custody Manuals should be conducted to eliminate conflicting policies and procedures. The Lexipol LLC contracted service should be utilized to facilitate this review and maintain consistency in the future.
F2
Not all divisions are following the policies and procedures with respect to evidence. 9
Related Recommendations (1)
R2
A complete audit of all evidence procedures should be performed to reveal and resolve any conflictions between how differ divisions within the Department process/store evidence and the Department’s written policies. Audits/Oversight
F3
Per the Department’s Policy Manual 801.8(b), unannounced inspections should be directed by the Sheriff. No inspection has been so directed in the tenure of the current Sheriff, or within the tenure of the existing Evidence Technician.
Related Recommendations (1)
R3
The Sheriff should implement this policy immediately and adhere to in the future.
F4
There has not been an in-house audit of the evidence room in at least seven years. POST suggests a quarterly review (POST 5.1).
Related Recommendations (1)
R4
An audit should be conducted immediately of all evidence held by the Department. Thereafter audits should be conducted on a regular schedule.
F5
As directed by the Department’s Policy Manual 801.8(c), and as suggested by POST Guideline 5.1 - 5.3, no annual audit by the Division Commander (as appointed by the sheriff) not routinely/directly connected to evidence control has occurred.
Related Recommendations (1)
R5
The Sheriff shall adhere to the Department’s own policy manual and ensure that the annual audit is performed.
F6
As the head of the Department, the Sheriff has not initiated sufficient oversight of the evidence and property policies and procedures in the Department. Specifically, the Sheriff has not directed the Undersheriff to conduct audits of the division, he has not initiated random inspections per POST guidelines, he has not directed his staff to receive appropriate training and he does not have an up-to-date awareness of evidence procedures/polices.
Related Recommendations (1)
R6
The Sheriff, as head of the Department, shall review the policies and procedures and perform his responsibilities as written. The Sheriff shall verify that all Department divisions under his management aware of all necessary policies and procedures related to their position. This procedure review will include all directives issued by the Sheriff related to evidence collection that are not codified in Department policy manuals. Staffing
F7
The Evidence Technician is a retired officer who works part-time, 2 to 3 days per week. The Evidence Technician is detail oriented, experienced and conscientious, but lacks formal training and certification appropriate for the position
Related Recommendations (1)
R7
The Evidence Technician position has the allocation for a full-time position. It is recommended that this position transition to full-time and that the current Evidence Technician receives the training and certification required in the handling, processing, storage and disposition of evidence. Training
F8
The Evidence Technician has been the sole technician for the past seven years with little oversight. The Grand Jury believes the Undersheriff is the immediate supervisor of the Evidence Technician. While the Undersheriff is relatively new to the position, he does not appear to have direct, up-to-date knowledge of current policy and proper evidentiary procedure. 10
Related Recommendations (1)
R8
The supervisor of the Evidence Technician and the evidence/property room shall be immediately clarified and the policy manual shall be updated with the correct chain of command.
F9
A Forfeiture Reviewer has not been appointed by the sheriff and has not attended a Department-approved course on asset forfeiture per Policy Manual Code 606.6. Apparently the Undersheriff is currently acting as both Evidence Technician supervisor and Forfeiture Reviewer.
Related Recommendations (1)
R9
The Sheriff shall appoint a forfeiture reviewer and he or she shall attend a Department approved training course on asset forfeiture per Policy Manual Code 606.6.
F10
The Evidence Technician has not been certified by the California Association of Property and Evidence (CAPE) or the Peace Officers Standards and Training (POST) in evidence and property processing/storage and disposal. The only training he has received is basic training in the academy or on-the-job training.
Related Recommendations (1)
R10
The Evidence Technician shall be certified by the CAPE or POST trained in evidence and property management.
F11
The Undersheriff has not been trained in evidence collecting/processing/storage/disposal other than that taught in basic training at the academy or on-the-job training.
Related Recommendations (1)
R11
The appointed supervisor of the Evidence Technician and property room shall be trained in evidence collecting/processing/storage and disposal.
F12
Deputies do not have ongoing training requirements for fingerprinting and evidence collection. The result is the potential for inconsistent collection and processing of evidence/property between individual deputies. It is up to the deputies’ discretion whether to collect fingerprint or other evidence based on their understanding of evidentiary value.
Related Recommendations (1)
R12
The deputies shall receive ongoing training on the implementation of required procedures and practices in the collection of fingerprints.
F13
Ongoing training of deputies in the collection of narcotics evidence processing and updates in procedure is limited to the assistance of other senior staff/supervisors.
Related Recommendations (1)
R13
All deputies shall have proper training in the collection and processing of narcotics, both for the preservation and integrity of evidence and for the health hazards caused by such materials. Facilities/Storage
F14
Drying of wet biological evidentiary samples does not always occur within POST guidelines: place “evidence in an impermeable and nonporous container and place the container in a refrigerator that maintains a temperature of 2°–8°C (approximately 35°– 46°F) and is located away from direct sunlight until it can be air dried or until it can be submitted to the lab” (Guideline 4.7). Wet biological evidence has been hung in the main storage facility to air dry.
Related Recommendations (1)
R14
The Department shall implement a process that complies with the POST guideline as written above to ensure the preservation and integrity of biological evidence.
F15
Long-term storage of biological evidence is not in temperature controlled conditions as suggested in POST Guideline 4.7 and NIJ Biological Evidence Preservation Handbook. While space is limited for biological evidence, in this climate the long-term 11 storage of biological evidence in a partially ventilated Conex container is not within the “room temperature” range – generally accepted to be 70°F. The resulting conditions within the container could result in complaints to OSHA and subsequent OSHA inspections and fines.
Related Recommendations (1)
R15
Biological evidence storage shall be reviewed and made to comply with the suggested POST Guideline 4.7 and the NIJ Biological Evidence Preservation Handbook to protect the Department from possible fines and inspections from OSHA.
F16
Storage of Narcotics does not meet POST Guidelines. Narcotics and/or controlled substances should be stored separately from other evidence and property in a secure, card- key accessed, alarmed storage location equipped with video surveillance. Access to this storage facility should be limited to specified/authorized personnel (guideline 4.4). Agencies should be aware that due to the potential health hazards associated with the storage of narcotics/controlled substances, as well as hazardous/biohazardous material, complaints to OSHA could result in OSHA inspections and fines.
Related Recommendations (1)
R16
The storage of narcotics shall be updated to meet POST Guidelines to protect the health of its officers from health issues caused by narcotics and controlled substances and other hazardous/biohazardous materials, as well as to avoid OSHA inspections and fines
F17
Storage of Marijuana does not meet Health Code standards. Prior to packaging, Green, wet, or fresh plant material is dried within a Conex container with minimal ventilation, leading to mold growth and unhealthy conditions (potential Health and Safety Code and OSHA violation). The Conex storage facility does not meet POST guidelines 3.1 with respect to High-Efficiency Particulate Air (HEPA) filters suggested for use in the venting of narcotics storage areas.
Related Recommendations (1)
R17
A secured, well-ventilated area should be provided for drying plant material (Guideline 4.4). Review and provide the required ventilation and HEPA filters for the storage of marijuana per POST guidelines 3.1- protecting the Department against potential OSHA violations (consult OSHA as necessary) of the Health and Safety Code.
F18
The main storage facility does not meet POST guidelines 3.2, 3.4 and 3.5 with respect to: a. A service counter or window should be provided for internal transactions. A separate, secure counter or area for public interaction should be provided. b. Individual, locked storage compartments inside the temporary refrigeration unit c. A separate area should be provided for the processing and storage of evidentiary vehicles. The vehicles should be protected from the elements for evidentiary purposes. d. The storage and handling of evidence containing blood (POST 3.5)
Related Recommendations (1)
R18
Review and update the storage facility/property room to meet POST guidelines 3.2, 3.4 and 3.5.
F19
The storage and disposal of some controlled substances, such as prescription medication and steroids (schedule III), is not codified in the Policy Manual.
Related Recommendations (1)
R19
Update the Policy Manual to include specific procedures and policies for the handling and storage of controlled substances, such as prescription medications and steroids. 12
F20
Storage of paraphernalia does not meet POST standards (as defined in Health and Safety §11364) or County Policy 801.6.7. – The Detective Division is not currently responsible for the storage of all paraphernalia, such as marijuana pipes.
Related Recommendations (1)
R20
A review of POST standards (as defined in Health and Safety §11364) or County Policy 801.6.7 shall be conducted and corrections made for the storage of all paraphernalia, such as marijuana pipes.
F21
Firearms stored for destruction, specifically those used in the commission of suicide, are not stored in an orderly manner.
Related Recommendations (1)
R21
Firearms that are stored for destruction shall be stored in an orderly manner.
F22
Ammunition is stored en masse in a box on the floor and does not meet POST Guidelines 4.2: Ammunition must be removed from firearms and stored separately in a fireproof locker.
Related Recommendations (1)
R22
A review of POST Guidelines 4.2 shall be conducted and proper storage lockers shall be provided for the storage of ammunition.
F23
Narcotics and dangerous drugs shall not be “packaged” with other property. The use of the narcotics storage container commonly places narcotics and other evidentiary items together in bins.
Related Recommendations (1)
R23
The detectives division shall store evidence as outline in the Department policy manual. Only narcotics and dangerous drugs shall be stored in the narcotics container. Any other evidence shall be stored in the Evidence Property building as outlined in the Department policy manual.
F24
No specific plans currently exist for upgrading the evidence/property storage facility
Related Recommendations (1)
R24
To the degree possible, the Department should develop plans to update the evidence/storage facility in conjunction with the development of plans for the new jail facility. Purging/Disposal
F25
The disposition of firearms has not been reviewed by managerial staff for some time. The current disposition of firearms is limited to an arrangement with Olde West Gun and Loan Inc in Redding, California for store credits used by the Department to procure ammunition.
Related Recommendations (1)
R25
A review of the disposition of firearms shall be conducted to include the research and comparisons of other potential options to be sure the county is getting the best value available.
Commendations 1
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CM1 Page 13The personnel of the Trinity County Sheriff’s Office should be commended for their continuing dedication and service to the people of this county. With a difficult job, limited budget, and a challenging geography, these individuals exemplify service and commitment to their communities. To their credit, some individuals recognized the need to address deficiencies prior to the Grand Jury inspections. Individuals highlighted past innovations and improvements to 13 practices and procedures and alluded to plans for both training and improvements to the existing facility. The Department is seeking evidence/property training opportunities for the Evidence Technician and the Undersheriff. Although no specific plans currently exist for upgrading the evidence storage facility in conjunction with plans under development for the new jail facility, there was discussion of possibly utilizing the old jail for evidence storage in the future. REQUEST FOR RESPONSES Pursuant to Penal Code section 933.05, the grand jury requests responses as follows: From the following individuals: Bruce Haney, Sheriff o Findings 1 through 25 o Recommendations 1 through 25 Trinity County Board of Supervisors o Findings 1 and 25 o Recommendations 1 through 25 Invited responses Sergeant Don Richer, Evidence Technician Undersheriff Michael Rist Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. 14
No Responses Found 2
Government entities assigned to respond to this report. No response documents have been linked in our database.
Trinity County Board of Supervisors
Elected County Office
Trinity County Sheriff
Elected County Office