Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 003 - DISPOSITION OF PERSONAL PROPERTY (44-13) › Section 13 130 003 - DISPOSITION OF PERSONAL PROPERTY (44-13)

Current through June, 2024
POLICY
SUBJECT AREA
EFFECTIVE 1/9/79
410-419 Intake Processes
UNITS AFFECTED
All Correctional Facilities
INTRODUCTION
Offenders committed to the custody of a correctional facility
				  must often temporarily dispose of or store much of their personal property,
				  which due to security regulations, health and safety standards, and space
				  limitations, may not be allowed within a facility or security level area. This
				  policy establishes departmental guidelines for the storage, accumulation and
				  return of resident property.
OBJECTIVE
To provide guidelines for the disposition of personal
				  property belonging to residents of correctional facilities.
GROUP SERVED
All Personnel and Residents of Correctional
				  Facilities.
POLICY DESCRIPTION
POSSESSION & ACCUMULATION OF PROPERTY WITHIN A
				  FACILITY
Each Superintendent will ensure that each facility shall
				  develop a comprehensive plan for effective management of resident property.
				  This plan, which shall be consistent with the guidelines established by this
				  policy, is to be reviewed annually by the Superintendent, revised if necessary,
				  and submitted to the Assistant Director of Adult Facilities for
				  approval.
At a minimum, this plan will contain a list of items of
				  personal property which may be kept in the personal possession of residents.
				  This list may be broken down by security level or other appropriate groupings,
				  and shall be consistent with the facility's overall program of contraband
				  control, health and safety standards, and space limitations. Amendments to the
				  plan will be forwarded to the Assistant Director of Adult Facilities for
				  approval.
Superintendents will take measures to inform residents and
				  visitors about allowable and unallowable items. The visiting regulations will
				  be posted pursuant to Department Policy # 966 - Visits. The Resident Guidebook
				  will be used to provide this information to residents.
INTAKE PROCESS
During the Intake Process, only that property which is to be
				  placed in storage is to be inventoried. All personal property will be examined
				  to determine what may be kept in personal possession. Property kept in the
				  personal possession of a resident is the sole responsibility of the resident.
				  Residents shall be informed of this responsibility in the resident
				  guidebook.
A Personal Property Inventory Form will be completed at
				  intake, with one copy going to the resident, one to the facility file, and one
				  will be kept with stored property.
DEPARTMENT STORAGE
In some situations, personal property may be stored with the
				  Department. However, the Department can provide only limited storage, due to
				  security regulations, health and safety standards, and space limitations.
				  Therefore, residents will be encouraged to send as much personal property as is
				  possible to friends, relatives or storage agencies for safekeeping.
Where items are to be stored by the Department, a staff
				  member will compile a written inventory. For the Department's protection,
				  specific descriptions (make, model, serial no., color, size, condition) shall
				  be placed on the form. Whenever possible, this inventory is to be done in the
				  presence of the resident. The resident and the staff member will both sign the
				  inventory. In the case where a resident is unable or unwilling to sign the
				  inventory, two staff members will sign the inventory. Copies shall go to the
				  resident, a facility file, and a copy is to be kept with the stored property.
				  Only that property which is to be placed in storage is to be
				  inventoried.
A specific secure area is to be allocated for the storage of
				  resident property. Access to the area in which items are stored shall be
				  restricted by the Superintendent.
When property is removed from storage and returned to a
				  resident while in the facility, the resident will sign for same. Copies of this
				  transaction are to be handled in the same manner as the original intake.
In the event of loss of or damage to property so stored by
				  the Department, residents may direct their claims in the form of a sworn
				  petition to the Claims Commission through the Superintendent of the storing
				  facility, or directly to the Claims Commission. Such claims should at a minimum
				  contain information as to the circumstances involved, an itemized list of the
				  property damaged or lost, and such information as the specific dollar value of
				  such property, when and how obtained, condition, and descriptive features. If
				  submitted to the Superintendent, the Superintendent will thoroughly investigate
				  the circumstances and forward the claim, with a recommendation to the Assistant
				  Director of Adult Facilities, who shall in coordination with the Legal
				  Division, recommend approval or disapproval of payment, and will notify the
				  Claims Commission.
ESCAPE OR TRANSFER WITHIN UNITS OF THE SAME FACILITY
Whenever it becomes necessary for a resident to be relocated
				  to another housing unit or security level area within a facility, or if a
				  resident escapes, staff will take reasonable measures to account for and place
				  in storage that property which can be identified as that of the escaped or
				  transferred resident, which did not accompany the resident. An inventory shall
				  be prepared as soon as possible. However, in no event will the Department be
				  responsible for that personal property which is abandoned by a resident.
				  Property will be considered abandoned when a resident escapes, or is determined
				  absent from a facility without authorization. The Department will not assume
				  responsibility for loss or damage of such items.
The Superintendent will ensure that procedures are developed
				  and that staff are trained accordingly.
DISPOSITION OF PROPERTY UPON TRANSFER TO ANOTHER FACILITY OR
				  RELEASE
Where possible, all personal property stored by the
				  Department shall accompany the resident upon transfer to another facility,
				  release or discharge from custody. Each resident shall sign for receipt of
				  property so stored. The property inventory complete with all additions and
				  withdrawals will be checked at the time of transfer, and any problems or
				  discrepancies should be noted on the inventory.
Upon entrance to a receiving facility, another intake
				  inventory will be prepared.
RELEASE OF PROPERTY
At no time will personnel give personal property kept in
				  storage to any individual other than the resident who deposited it without
				  written authorization. A receipt will be obtained for personal property so
				  given out.
ABANDONED PROPERTY
Personal property stored by the Department and not claimed by
				  the resident within seven years shall be disposed of by the Superintendent. A
				  record shall be kept stating how articles are disposed of. When articles valued
				  at more than $ 10.00 are left, the Abandoned Property Division of the State
				  Treasurer's Office will be notified regarding the disposition of the property.
				  If such items are later claimed, the requestor shall be notified regarding the
				  disposition of the property, and shall be referred to the State Treasurer's
				  Office. Items valued at less than $ 10.00 may be disposed of at the discretion
				  of the Superintendent.