HomeMy WebLinkAbout1990-08-14; City Council; 10762; Grand Jury Report Property Evidence Roomsa�
C11 ' - OF CARLSBAD — AGEND ' BILL
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AB/01'%Co 2' TITLE: DEPT. HD. 'r,-v
WG1ILN-70 RESPONSE TO GRAND JURY REPORT NO. 12, CITY ATTY -
DEPT. CA "PROPERTY ! EVIDENCE ROOMS" CITY MG
RECOMMENDED ACTION:
Authorize the Mayor to send the attached letter to the
Presiding Judge of the Superior Court, responding to the 1989-
90 San Diego County Grand Jury Report No. 12, "Property
Evidence Rooms."
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ITEM EXPLANATION
On May 24, 1990, the 1989-90 San Diego County Grand Jury
issued Report No. 12, entitled "Property Evidence Rooms".
This report was the result of a survey conducted by the grand
jury, beginning in January, 1990. The grand jury visited
property evidence rooms throughout San Diego County, including
sheriffs stations, city police stations, forestry service
stations and crime laboratories. This report is on file in
the office of the Carlsbad City Clerk.
Pursuant to Penal Code § 933(c), 90 days after a grand jury
presents a grand jury report to a city, the mayor must comment
on the findings and recommendations to the presiding judge of
the superior court. A copy of the mayor's response must also
be filed with the city clerk and the county clerk.
The City reviewed Grand Jury Report No. 12 and examined police
department property/evidence procedures with the comments of
the grand jury in mind. The attached letter to the Honorable
Judith McConnell, Presiding Judge of the Superior Court,
contains the City's response to the grand jury.
EXHIBITS
1. Resolution No. yr%
2. Letter to the Honorable Judith McConnell, Presiding Judge
of the Superior Court, County of San Diego, from Mayor
Lewis, dated `'i " -5 1 — 9 O
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RESOLUTION NO. 90- 87
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A RESOLUTION AUTHORIZING THE MAYOR TO SEND
A RESPONSE TO
GRAND JURY REPO:'^ NO. 12.
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WHEREAS, the 198,9-90 San Diego County Grand Jury
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issued Report No. 12, "Property Evidence Rooms"; and,
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WHEREAS, the Mayor is required by law to respond to
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the grand jury report within 90 days; and,
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WHEREAS, the City has reviewed and considered Grand
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Jury Report No. 12.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
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the City of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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2. That the Mayor is authorized to send the attached
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letter of response to the Presiding Judge of the Superior Court.
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PASSED, APPROVED, AND ADOPTED at a Regular Meeting of
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the City Council of the City of Carlsbad Cal'
California,
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, on the
14th day of August, 1990, by the following vote, to
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AYES: Council Members Lewis, Kulchin, Larson, Mamaux, and
Pettine.
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NOES: None
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ABSENT: None
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4CLAUDE
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A. " LEWIS, Mayor
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ATTEST:
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ALETHA L. RAUTENKRANZ
City Clerk
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The Honorable Judith McConnell
Presiding Judge of the Superior Court
County of San Diego
220 W. Broadway
San Diego, California 92101-3875
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of Carlsbad
July 31, 1990
RE: GRAND JURY REPORT NO. 12, "PROPERTY EVIDENCE ROOMS"
Dear Judge McConnell:
In the first quarter of the calendar year 1990, the Administration -Audit Committee of the
1989-90 San Diego County Grand Jury inspected Carlsbad Police Department's
property/evidence room and interviewed the property and evidence clerk regarding
evidence handling and procedures. The City subsequently received a copy of Report No.
12, "Property Evidence Rooms", which was distributed to all cities within the county and
to their respective mayors, city councils, city attorneys and city managers.
The grand jury report addressed several areas of concern with evidence storage in the San
Diego County criminal justice system. This report also included their facts and findings,
conclusions and recommendations. The City has had an opportunity to review this report
and carefully weigh the information and recommendations.
The City of Carlsbad shares the concerns of the grand jury. It is our considered opinion
that the storage, handling and "chain of custody" of all property and/or evidence is
extremely important. The City understands the conclusions reached by the grand jury and
we support most of the findings because these conclusions are based upon a review and
examination of numerous police departments, sheriffs' stations, crime labs and the San
Diego courthouse.
The Carlsbad Police Department enjoyed the benefits of moving into a greatly expanded
safety center, which included a full sprinkler system, in late 1987. Provisions were made
during initial planning stages to augment storage and square footage of the
property/evidence facility. Even with this expanded storage area, the City has reached a
conclusion similar to the grand jury: property or evidence no longer needed should be
quickly released or destroyed.
1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2830
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APAL
OW
Honorable Judith McConnell
July 31, 1990
Page 'Two
Prior to the grand jury's report, the Carlsbad Police Department had already improved
Procedures on handling evidence. In order to better manage the property/evidence room,
the City added another full-time employee, and a Police Service Aide (PSA) was transferred
into investigations division and assigned to the ro er d
also researched the feasibility of using bar codes tot track carea. The department
and ev
hardware and software for this program were approved in this yeproperty b dgetdence. The
In conjunction with the above additions and in keeping with a few of the grand jury's
conclusions, we have instituted a current review and purge of property now in evidence
which began early this year. Protocols were also established on periodic reviews of
property so that property could quickly be returned, released or destroyed, all within legal
guidelines. The City held a bicycle auction in June which cleared additional space, and
approximately 500 to 600 weapons will be destroyed this month.
The police department works closely with the District Attorney's office with regard to the
return of evidence. In some cases photographs of evidentiary material will suffice. Case
rejection forms received from the District Attorney's office are automatically forwarded to
the property/evidence clerk so that property can be quickly returned.
Additionally, the department believes a regional crime laboratory which would encompass
narcotics testing and analysis would aid law enforcement's effort toward prosecution of
crimes in a more timely manner.
The Carlsbad Police Department is currently in compliance with most of the
recommendations addressed in Grand Jury Report No. 12, and agrees that most of these
recommendations would only enhance our abilities to better serve our community and the
justice system.
However, Recommendations 90/76 and 90/77 should be more thoroughly explored since
monies placed into evidence are normally counted by the officer and a supe..'vising or
secondary officer. The money is then sealed for security purposes and an evidence tag
affixed. The chain of custody is thus preserved until a disposition regarding the evidence
is obtained. The officer placing the funds into evidence thus becomes accountable for the
accuracy of the amount.
Procedurally, we would find some difficulty with having the property clerk reopen the
sealed evidence which could be a third audit or count. We also do not have the availability
of a property clerk in the station on a 24-hour basis. Additionally, placing monies in a
special bank account is not a practical idea in many criminal cases where it may be
necessary to produce the exact cash taken.
Honorable Judith McConnell
July 31, 1990
Page Three
Also, with regard to Recommendation 90/83, we do not presently shrink-wrap evidence,
nor have we ever had a problem with evidence accountability or contamination. We will
continue to explore the necessity for this recommendation.
The City of Carlsbad is supportive of the spirit of these findings and recommendations and
feel that they will help augment procedures already in place.
Very y
,.RUDE A. "BUD" LEWIS
Mayor