Nevada County Grand Jury
• 2015-2016
• Agency Response
Response to:
Evidence Handling Units
JOE Alexander Clrrrono H. Neweu- As9stant Dstrict Attorney Randall Billingsley District Attorney
⚠️ 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 9 findings
F1
Adherence to the requirement for a complete inventory upon a change of evidence technician or supervisor: The Grass Valley Police Department has and will continue to adhere to this requirement. Audits will be diligently scheduled upon the change of an evidence technician orevidence supervisor, These 2l audits will include a LOO% inventory of all firearms, money, and narcotics. These audits were performed in2012 and 2015 upon the change of evidence technicians, and again in 2016 upon the appointment of a new Chief of Police.
Related Recommendations (1)
R1
Consolidation of the Grass Valley Police Department and the Nevada City Police Department evidence handling units should be considered again. [F8] The recommendation will not be implemented atthis time The NCPD and GVPD will continue to explore the possibility consolidating the Evidence Handling Unit to determine if consolidation is beneficial.
F2
The staff at all four evidence handling units appear to be well trained and capable. The use of sworn officers in the Nevada City Police Department Evidence Handling Unit removes patrol officers from their primary duties to the detriment of efficient law enforcement. The Nevada City Police Department is seeking to replace the sworn officers performing evidence handling duties with a nonsworn employee or volunteer. Agree
Related Recommendations (1)
R2
Alternatively, the Nevada City Police Department should expedite its efforts to obtain and train a non-sworn evidence technician to reduce personnel costs and to free sworn officers for their primary duties, [F8] The recommendation is in the process of being implemented The NCPD has hired and is currently training a part time civilian CSO to be assigned to the Evidence Handling Unit.
F3
lnventories of firearms, narcotics, and money must be conducted on at least a quarterly basis: The random spot inventories conducted by the evidence sergeant and captain have and will continue to include checking of firearms, narcotics and money. These random spot inventories will be conducted quarterly at a minimum.
Related Recommendations (1)
R3
Three of the evidence handling units have adopted and follow written policies and procedures that are in line with recommended best practices. The Nevada County Sheriff's Office's written policies and procedures are out-of-date and its actual policies and procedures are adequate only because of welltrained and skillful evidence technicians. The most experienced of those technicians is about to retire. Partially Agree At the time of the Grand Jury review one of our senior evidence technicians had a planned retirement. Our written policies did need an update, although the majority of the policy was in keeping with recommended best practices and was being followed by staff.
F4
The police department evidence handling units are marginally in compliance with their ornrn policies and procedures and with best practices concerning audits and inventories of the evidence handling units although they all are due or overdue for biennial external audits. Partiallv Apree: The NCPD Evidence Handling Unit is in compliance with POST and Lexipol standards as indicated on page I of the report. There is a need for a biennial external audit. 1of 3 N.C.P.D. / Ctty Hall . 3lTBroadStreet . NevadaCity,Caiiforniag1g1g . (530) 265-4700
No recommendations for this finding
F5
The Nevada County Sheriff's Office's Sheriff's Propefty Unit has not been subjected to an external audit since 2007 and there are no written records of any internal audits, inventories or inspections since that time. Hence, the Nevada County Sheriff's Office's Sheriff's Propefty Unit is out of compliance with its own policies and procedures and with best practices concerning audits and inventories of evidence handling units. Agree
Related Recommendations (1)
R5
The Nevada County Sheriff's Office's Sheriff's Propefty Unit has not been subjected to an external audit since 2007 and there are no written records of any internal audits, inventories or inspections since that time. Hence, the Nevada County Sheriff's Office's Sheriff's Propefty Unit is out of compliance with its own policies and procedures and with best practices concerning audits and inventories of evidence handling units. Agree
F6
Best practices dictate that all agencies should rigorously adhere to the requirement for a complete inventory upon a change of evidence technician or supervisor. Additionally, random spot inventories need to be performed and documented. Inventories of firearms, narcotics and money must be conducted on a biennial basis at a minimum. Agree. It should be noted that in the ten years as the District Attorney we have had only two occasions where evidence was an issue and we still obtained convictions in those cases.
Related Recommendations (1)
R6
Best practices dictate that all agencies should rigorously adhere to the requirement for a complete inventory upon a change of evidence technician or supervisor. Additionally, random spot inventories need to be performed and documented. lnventories of firearms, narcotics and money must be conducted on at least a quarterly basis. Finally, external audits must be conducted on a biennial basis at a minimum. Response to Grand Jury August 5,2076 Partially Agree All agencies should adhere to POST guidelines and best practices, including external audits. lt is not always possible to achieve 100% adherence to the guidelines, so to say something "must" be done could set us up for failure. For example, all of the agencies reviewed were out of compliance with a biennial outside audit, as recommended by POST. There should be some flexibility in timelines for audib and inventories at the property unit due to unforeseen circumstances such as staffing shortages or major work load events. RECOMMENDATIONS:
F7
AII agencies should rigorously adhere to the requirement for a complete inventory upon a change of evidence technician or supervisor. Additionally, random spot inventories need to be performed and documented. lnventories of firearms, narcotics and money must be conducted on at least a quarterly basis. Finally, external audits must be conducted on a biennial basis at a minimum. This recommendation will be partially implemented. To my knowledge, the Nevada County Sheriff's Property Unit has never lost an item of evidence. Every time an item of evidence is requested for court, or to be returned to an individual, the item has been located. Each and every one of these instances acts as a spot inventory. This is not to say that scheduled inventories and audits are not needed, just that the urgency is not apparent. Supervisors have and will continue to make spot inventories of the inventory at the Property Unit. Additionally, we will update our policy to require the spot inventory results to be documented. We expect the updated polices to be in place by September ,2016. We will request an outside audit be performed prior to the end of 2016. We are currently in process of completing a complete inventory, a process that was begun right after the retirement of one of our evidence technicians. lt is not reasonable to conduct a complete inventory upon change of every supervisor, as the superuisors do not perform the function of the evidence technicians. The Sheriff's Office would like to thank the members of the 2015-2016 Grand Jury for their participation and efforl in preparing their reports. We committed to providing the highest level of safety and security to our employees, the public, and inmates. Sincerely, A ?((^t \--__ Keith Royal Sheriff-Coroner a J f:- - : .i r Town Council AU6282016 jy Depaftment Heads ; i --- Tonv Lashbrook, Town Manager Joan deRyk Jones, Mayor CKDP +tl2 Andy Morris. Town Attorney "" Adam McGill, Chief of Police Morgan Goodwin, Vice Mayor John McLaughlin, Community Development Director Kim Szczurek, Administrative Serylces Director Carolyn Wallace Dee, Council Member Judy Price, Town Clerk Patrick Flora. Council Member Daniel Wilkins, Public Works DirectorlTown Engineer Alicia Barr, Council Member rMil August 23,2016 Qor, The Honorable Tom Anderson Presiding Judge of the Grand Jury 201 Church Street Nevada City, CA 95959 Re: Town of Truckee Response to 2O15l16 County of Nevada Grand Jury Report on Law Enforcement Evidence Handling Units Honorable Judge Anderson: The Town of Truckee Police Department was included in the 2015/16 County of Nevada Grand Jury report release on June 13,2016 regarding law enforcement evidence handling units. Although the Grand Jury requested a response from the Truckee Chief of Police regarding Finding #4 and #6 and Recommendation #7, Penal Code Section 933(c) requires the Town's response to come from its "governing body", i.e. the Town Council. The Town Council has reviewed and approved this letter. Please find the Town's responses outlined below. Finding #4 "The police depaftment evidence handling units are marginally in compliance with their own policies and procedures and with best practices concerning audits and inventories of the evidence handling units although they all are due or overdue for biennial external audits." Town of Truckee Response: Disagree The recommendation of the biennial audit will not be implemented because it is not warranted. The POST Law Enfoi'cement Evidence & Property Management Guide 2013 (latest edition), recommends the following, "Audits should be conducted on both a routine and random basis. Audits should be conducted when information is received that the integrity of the systems or facility is in question, when there is a change in the agency head, or when there is a change in evidence/property personnel." Since none of these situations have occurred, the Truckee Police Department believes that a biennial audit is not required at this time. Routine and random selective audits occur throughout each year to maintain accountability. 10183 Truckee Airport Road, Truckee, CA 96161-3306 Tahoeffruckee lel www.townoftruckee.com lt.tlElcrt Administration: 530-582-7700 lFax: 530-582-7710 I email: truckee@townoftruckee.com Community Development: 530-582-7820 I Fax.530-582-7889 I email: cdd@townoftruckee.com 'llll' Animal Services 530-582-7830 / Fax. 530-582-1103 I email. animalservices@townoftruckee.com Police Department: 530-550-2323lFax'.530-582-7771 I email: policedepaftment@townoftruckee.com 2012 Printed on recycled paper. Finding #6 "Best practices dictate that all agencies should rigorously adhere to the requirement for a complete inventory upon change of evidence technician or supervlsor. Additionally, random spot inventories need to be performed and documented. lnventories of firearms, narcotics, and money must be conducted on at least a quarterly basis. Finally, external audits must be conducted on a biennial basls at a minimum." Town of Truckee Response: Disagree The Truckee Police Department currently complies with the recommendation to conduct complete inventories when there is a change in evidence personnel or change of agency head as well as the recommended spot inventories. However, as stated above, we believe that the biennial audit is not required by the POST Law Enforcement Evidence & Property Management Guide.
Related Recommendations (1)
R7
All agencies should rigorously adhere to the requirement for a complete inventory upon a change of evidence technician or supervisor. Additionally, random spot inventories need to be performed and documented. Inventories of firearms, narcotics and money must 2of3 be conducted on at Ieast a quarterly basis. Finally, external audits must be conducted on a biennial basis at a minimum. [F3] The recommendation is in the process of being implemented The NCPD curuently conducts monthlyAudit Spot Checks which are recorded. Inventory policies are followed and records are maintained. Evidence purging is conducted as necessary to ensure that space is available for new arrivals. There is a need for a biennial external audit which will be scheduled before the end of the year. Respectfully, Timothy A. Foley Chief of Police Nevada City, Ca. 3of3 g$ERIr7 '-"W NEVADA COUNTY KEITH ROV^IU- SHERIFF'S OFFICE SHERIFF,/CoRONER PUBLIC ADMINISTRATOR ';) .\ August 5,2016 . . ;/ ;t l' Honorable Judge Tom Anderson Presiding Judge of the Grand Jury 201 Church Street TA,G.J Nevada City, Ca. 95959 RE. Response to 2015-2016 Law Enforcement Evidence Handling Units Grand Jury Report Dear Honorable Judge Anderson: ln response to the Grand Jury Report dated June 9, 2016 on the Nevada County Law Enforcement Evidence Handling Units.
F8
Three evidence handling units expressed concerns about the timeliness of evidence disposition authorization from the Nevada County District Attomey's Office. Such delays adversely affect the ability to purge evidence in a timely fashion. Agree. (See below recommendation response for detail) l/ 201 CoMMEncIeI STREET, NEVADA CITY, CALIFORNIA 95959 PuoNe: (530) 265-1301 Fax: (530) 478-1871
No recommendations for this finding
F9
Given the size of the Nevada City Police Department, maintaining its own evidence handling unit creates a burden in terms of space, manpower and cost. In the past, the Grass Valley Police Department and the Nevada City Police Department considered consolidating their separate evidence handling units into one central evidence handling unit. Partiallv Asree: The NCPD and GVPD will continue to explore the possibility consolidating the Evidence Handling Unit to determine if consolidation is beneficial.
No recommendations for this finding