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HomeMy WebLinkAbout1990-08-14; City Council; Resolution 90-287... I 1 2 3 4 5 6 7 8 9 10 11 12 nm yr? 13 slum g3ng aacb OLAP so<< 14 OI-~~ >JZ mGng 15 d '<I >ma $Urn0 gaa6 16 ZOS$ >2q 17 60 21 q8y - 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 90-287 A RESOLUTION AUTHORIZING THE MAYOR TO SEND A RESPONSE TO GRAND JURY REPORT NO. 12. WHEREAS, the 1989-90 San Diego County Grand J issued Report No. 12, ttProperty Evidence Roomsvt; and, WHEREAS, the Mayor is required by law to respond the grand jury report within 90 days; and, WHEREAS, the City has reviewed and considered Gr Jury Report No. 12. NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad, California, as follows: 1. That the above recitations are true and corre 2. That the Mayor is authorized to send the attac letter of response to the Presiding Judge of the Superior Cou PASSED, APPROVED, AND ADOPTED at a Regular Meetinc the City Council of the City of Carlsbad, California, on th 14th day of August, 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux, an( NOES: None Pettine. ABSENT: None ATTEST : d&- /e,&- ALETHA L. RAUTENKRANZ City Clerk 1 " July 31, 1990 The Honorable Judith McConnell Presiding Judge of the Superior Court County of San Diego 220 W. Broadway San Diego, California 92101-3875 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 t 1989-90 San Diego County Grand Jury inspected Carlsbad Police Departmer property/evidence room and interviewed the property and evidence clerk regardj evidence handling and procedures. The City subsequently received a copy of Report P 12, "Property Evidence Rooms", which was distributed to all cities within the county a 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 S Diego County criminal justice system. This report also included their facts and findin conclusions and recommendations. The City has had an opportunity to review this repi and carefully weigh the information and recommendations. The City of Carlsbad shares the concerns of the grand jury. It is our considered opinil that the storage, handling and "chain of custody" of all property and/or evidence extremely important. The City understands the conclusions reached by the grand jury a we support most of the findings because these conclusions are based upon a review a: examination of numerous police departments, sheriffs' stations, crime labs and the S Diego courthouse. The Carlsbad Police Department enjoyed the benefits of moving into a greatly expand safety center, which included a full sprinkler system, in late 1987. Provisions were ma, during initial planning stages to augment storage and square footage of tl property/evidence facility. Even with this expanded storage area, the City has reached conclusion similar to the grand jury: property or evidence no longer needed should ; quickly released or destroyed. 1200 Carlsbad Village Drive - Carisbad, California 92008-1989 a. (61 9) 434-283 e e Honorable Judith McConnell July 31, 1990 Page Two Prior to the grand jury‘s report, the Carlsbad Police Department had already impro procedures on handling evidence. In order to better manage the property/evidence ro( the City added another full-time employee, and a Police Service Aide (PSA) was transfer into investigations division and assigned to the property/evidence area. The departm also researched the feasibility of using bar codes to track property and evidence. r hardware and software for this program were approved in this yeaJs budget. In conjunction with the above additions and in keeping with a few of the grand ju~ conclusions, we have instituted a current review and purge of property now in evidel which began early this year. Protocols were also established on periodic reviews property so that property could quickly be returned, released or destroyed, all within le guidelines. The City held a bicycle auction in June which cleared additional space, 2 approximately 500 to 600 weapons will be destroyed this month. The police department works closely with the District Attorney’s office with regard to t return of evidence. In some cases photographs of evidentiary material will suffice. C: rejection forms received from the District Attorney’s office are automatically forwarded the property/evidence clerk so that property can be quickly returned. Additionally, the department believes a regional crime laboratory which would encomp; narcotics testing and analysis would aid law enforcement’s effort toward prosecution crimes in a more timely manner. The Carlsbad Police Department is currently in compliance with most of t recommendations addressed in Grand Jury Report No. 12, and agrees that most of the recommendations would only enhance our abilities to better serve our community and t justice system. However, Recommendations 90/76 and 90/77 should be more thoroughly explored sir monies placed into evidence are normally counted by the officer and a supervising secondary officer. The money is then sealed for security purposes and an evidence ti affixed. The chain of custody is thus preserved until a disposition regarding the eviden is obtained. The officer placing the funds into evidence thus becomes accountable for t: accuracy of the amount. Procedurally, we would find some difficulty with having the property clerk reopen t: sealed evidence which could be a third audit or count. We also do not have the availabili of a property clerk in the station on a 24-hour basis. Additionally, placing monies in special bank account is not a practical idea in many criminal cases where it may 1 necessary to produce the exact cash taken. 0 'I, e Honorable Judith McConnell July 31, 1990 PaEe Three Also, with regard to Recommendation 90/83, we do not presently shrink-wrap eviden nor have we ever had a problem with evidence accountability or contamination. We I continue to explore the necessity for this recommendation. The City of Carlsbad is supportive of the spirit of these findings and recommendations E feel that they will help augment procedures already in place. fig UDE A. "BUD" LEWIS Mayor