SOP 213.17: Management of Detainee Property and Contraband

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 1 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

I. Introduction and Summary:

A. Detainees at probation detention centers may be in possession of two (2) categories

of property:

1. Authorized personal property, in approved quantities, which is in the approved

owner’s control or possession; and

2. Officially issued state property, in approved quantities, which is in the control

or possession of the individual to whom it is issued.

B. Items not specifically authorized, legally issued, or items in excess of approved

quantities will be considered contraband. Each Center shall manage and control
detainee property and contraband. Specific limitations on property will be
enforced. Accountability and control will be maintained through the performance
of inventories, searches and the maintenance of accurate records of authorized
detainee personal property and contraband.

II. Authority:

A. O.C.G.A. § 42-5-18;

B. Georgia Department of Corrections (GDC) Board Rules: 125-2-4-.06 and 125-3
1-.06;

C. GDC Standard Operating Procedures (SOPs): 206.01 Offender Personal Property

Standards and 206.02 Management of Offender Property or Contraband; and

D. ACA Standards: 4-ALDF-4B-03 and 4-ALDF-4B-05.

III. Definitions:

A. Contraband - Property items which are not explicitly authorized for possession;

which were acquired through unauthorized means; which exceed personal property

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|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 2 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

limitations on value or amount; which cannot be maintained in a neat and safe
manner; or which present a fire, sanitation, security, or housekeeping problem.

B. Detainee Property - Articles of value in the possession of a detainee, acquired

through authorized methods.

C. Nuisance Contraband - Any item or article which may be or may have been

previously authorized for possession, but which now is prohibited because of
excessive quantities or otherwise presents a fire, sanitation, security or
housekeeping problem.

Note: See SOP 206.01 Offender Personal Property Standards for all other
definitions.

IV. Statement of Policy and Applicable Procedures:

A. Detainee Property/Contraband:

1. Detainees will be advised via pre-admission orientation of personal items that

are allowed in the detention center;

2. During the center orientation and in related procedures and policies, detainees

will be advised of all items that are authorized including:

a. What is considered State property; and

b. What is considered Contraband.

3. Staff shall be advised that they are responsible for properly following:

a. Established procedures in confiscating Contraband; and

b. Managing Detainee Property.

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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 3 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

4. The center or its staff will not be responsible for:

a. Loss;

b. Theft; or

c. Damage of Detainee Property unless specific staff negligence or abuse is

proven.

5. This applies in circumstances when staff have assumed custody or control of

Detainee Property and do not follow authorized procedures;

6. The following identifies Detainee Property items that may be authorized for

possession or obtained through the centers’ approved package process at the
discretion of the Superintendent:

a. One (1) pair of tennis shoes (Description and limitations below);

b. Two (2) pairs of personal socks (white only);

c. Three (3) pairs of underwear (white cotton only, boxer style or male briefs);

d. One (1) watch (no phone or internet capabilities);

e. One (1) ring or wedding band;

f. One (1) small pendant with necklace;

g. Five (5) Photographs (subjects must be fully clothed);

h. One (1) non-retractable pen;

i. Two (2) pencils; and

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|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 4 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

j. Gym shorts: standard color (if center does not provide).

Note: The combined value of the watch, ring and pendant is not to
exceed $200.00

7. The following descriptions and limitations for tennis shoes will be strictly

enforced:

a. The value is not to exceed seventy-five ($75.00) dollars retail;

b. Tennis shoes must be solid black or white, excluding the trim/logo;

c. No hollow cavities, inserts, heel pads, gel pads, air cushions, air pumps,

hollow spaces, or other features in which contraband can be carried will be
allowed;

d. Hiking shoes, deck shoes, or any other type of athletic shoe will not be

allowed;

e. Tennis shoes will be ordered through the centers’ package ordering

process, if applicable; and

f. The sole exception to the above requirements for athletic shoes shall be

shoes prescribed by the Medical Section.

8. The following is identified Detainee Property that is authorized for possession.

These items are not discretionary:

a. Legal materials (limited to what can be neatly and safely stored in assigned

space with other items);

b. Religious materials: One (1) Bible, Koran, Torah, or other sacred text;

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 5 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

c. Stamps: Twenty (20) stamps (one book);

d. Letters (limited to what can be neatly and safely stored in assigned space);

e. Items purchased in the commissary (limited to what can be stored in

assigned space and with maximum monetary value as set by the center);
and

f. Prescription eyeglasses, contact lenses, and related supplies, and other

health care items approved or issued by the medical section and/or
Superintendent.

9. The authorized Detainee Property items may be brought into the center if

obtained through authorized channels;

10. All items brought in upon admission will be inventoried;

11. Any personal property items of significance added after admission will be

added to the detainee’s inventory;

12. A detainee may not have more personal and state issued property than can be

stored in the detainee’s assigned space;

13. A detainee may, therefore, be directed to dispose of excess property through

approved methods even if the excess property is on the authorized list;

14. Women assigned to Probation Detention Centers may be authorized to have

other items of personal property (see Attachment 3 - Personal Property
Inventory-Female);

15. The Care and Custody Section of the GDC shall:

a. Determine basic state issue items;

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|Authority:
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Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

b. Is responsible for establishing replacement items;

c. Issue schedules for all items;

d. Maintain a list of standard issue items; and

e. Shall adhere to accountability procedures as required by Care and Custody.

16. State issue items:

a. State issue items will be issued by center staff;

b. Detainees may be in possession of only the authorized quantities of state

issue items;

c. State issue items do not become the personal property of detainees issued

said items; and

d. All issue items will continue to be considered state property.

17. Contraband items are subject to:

a. Confiscation; and

b. Possible disciplinary action against the detainee who possessed or

controlled the item.

18. An officer, often a sergeant, shall be appointed as detainee property manager;

and this person will oversee the overall property management and control
process.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 7 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

B. Management of Detainee Property/Contraband:

1. Staff, primarily correctional officers, shall be responsible for the control of

Detainee Property;

2. Attachments 1 and 3 will be utilized to document personal property authorized

to be in the possession of a detainee;

3. Attachment 2 will be utilized whenever any Detainee Property or Contraband

is confiscated;

4. The following property management and documentation procedures will be

followed:

a. Initial inventory of authorized personal property;

b. Upon arrival, all detainee's property will be surveyed during the admission

process;

c. A list of all authorized property that the detainee will be allowed to keep in

his/her possession will be made using Attachments 1 and 3:

i. Only property on the authorized list will be allowed to be retained;

ii. The detainee will be given a copy of his/her inventory:

iii. A copy will be placed in the detainee’s case file;

iv. A copy will be maintained in the admission office;

v. The detainee and processing officer must sign the inventory; and

vi. Name of detainee and I.D. number must be included.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 8 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

5. Should the detainee later receive or acquire additional authorized personal

property, it also will be inventoried and documented utilizing the appropriate
Personal Property Inventory forms, Attachments 1 and 3:

a. This does not apply to commissary items but rather to items received such

as:

i. Shoes;

ii. Glasses; or

iii. Other items not routinely issued or sold within the Center.

6. Original disposition of unauthorized property (not hard contraband - see

Section IV, paragraph C, subsection 3): During the initial inventory, detainees
will often be in possession of items that are not on the list of authorized items
or are in excess of quantities allowed. These items will not be allowed into the
Center and will be confiscated by staff.

a. Utilize Attachment 2 to record these items;

b. The detainee will be given a copy of Attachment 2 as his/her receipt;

c. Attachment 2 must be signed by the detainee and the processing officer;

and

d. All items confiscated will be listed and described on the form.

7. The detainee will have the following options for disposition of his/her

unauthorized property:

a. Mail it home at his/her expense;

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 9 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

b. Place it in secure storage for visitor pickup during visitation day;

c. The property may be destroyed;

d. The property may be donated to a charitable organization; or

e. Storage of clothing, etc. to wear or take home at discharge.

8. The above dispositions will be initiated as follows:

a. If a detainee wishes to mail property:

i. An officer will escort the detainee and property to the mail room;

ii. Turn the property over to the mail room staff who will assist the

detainee in preparing and mailing the property;

iii. All copies of the property receipt will indicate: What was done, by

whom and when; and

iv. The detainee will:

1) Keep a copy;

2) A copy will be placed in his/her case file; and

3) A copy maintained in the mail room files.

b. If a detainee wishes to have a visitor pick up property:

i. The items will be securely packaged;

ii. Locked in a designated storage room until visitation day;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 10 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

iii. A copy of the property receipt will be firmly attached to the package;

iv. The detainee will use his/her copy of the receipt to retrieve;

v. Property must be picked up within thirty (30) days; and

vi. If not, the detainee must choose another option.

c. If a detainee wishes to destroy property:

i. The detainee will so indicate on the receipt form;

ii. Sign the form;

iii. The processing officer will also sign;

iv. The property will then be turned over to the property manager who, with

a witness, will destroy the property; and

v. The property manager will:

1) Indicate "Destroyed" on the receipt form, date, and sign the form;

2) The witness will co-sign.

d. If a detainee wishes to donate property:

i. The detainee will so indicate on his/her receipt form and sign the form

ii. The processing officer will sign and deliver to the property manager or

designee;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
|Policy Number: 213.17|Effective Date: 8/19/2020|Page Number: 11 of 18|
|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

iii. The property manager or designee shall then deliver the item to a

charitable organization;

iv. An agent of the organization will sign the receipt verifying that 1) the

property has been received, and 2) by what organization;

v. The detainee will receive a completed copy of the receipt;

vi. The property manager or designee will sign and date the form; and

vii. If the property is to be stored until discharge, the procedure outlined in

Section B above will be utilized except that the property will be
maintained until discharge.

C. Abandoned Personal Property and Funds:

1. Property and/or funds abandoned by detainees shall be handled as directed in

the Rules of the Board of Corrections, Ga. Comp. R. & Regs. 125-2-4.06(d)
and (e);

2. The detainee property manager or designee will be responsible for:

a. Insuring by frequent inspection that property procedures and

documentation are being properly performed;

b. Maintaining independent files on documentation related to detainee

property; and

c. Managing the detainee property storage room.

NOTE: Documents will be maintained for two (2) years computed from
detainee discharge date

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

3. The confiscation of unauthorized property including hard Contraband

(possession of which may constitute a crime) and Nuisance Contraband will
require that the following procedures be followed:

a. Attachment 2 shall be filled out identifying: What was taken, by whom,

why and when;

b. A copy is:

i. Given to the detainee;

ii. Placed in the detainee file;

iii. Retained by the property manager; and

iv. Will be attached to the contraband.

c. The Contraband property, if of a nuisance variety, is delivered to the

contraband/ property manager who shall:

i. Sign for the property; and

ii. Securely store, pending disposition.

d. Items are considered hard Contraband if the Contraband property is of such

a nature that possession constitutes a crime:

i. Drugs;

ii. Tobacco or any product containing tobacco;

iii. Alcohol;

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|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

iv. Weapons; or

v. Stolen property, the property must be treated as evidence and a chain

of custody maintained.

NOTE: Fingerprints may be taken; therefore, care in handling is
necessary.

f. In such cases, property will be maintained pending resolution;

g. Any person who receives or assumes custody of property must document

such receipt;

h. If property is of a nuisance variety, the property will be retained by the

property control manager who will determine a disposition;

i. A detainee will be given seven (7) days to prove legal and authorized

ownership of any item taken from him/her;

j. If the detainee can prove that he/she is in fact the owner (and the item is

not hard contraband or illegal), he/she will be given the opportunity to
dispose of the item as with any unauthorized item as previously discussed
in section 3 above;

k. If ownership cannot be determined, the property manager will document

his/her attempts to discover the rightful owner and then consult with the
Superintendent who may:

i. Direct that it be destroyed (if of insignificant value);

ii. Direct that it be donated to a charitable organization (if of significant

value);

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|Policy Name:Management of Detainee Property and Contraband|
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|Authority:
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Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

iii. Direct that the item be turned over to state authorities for public auction

with proceeds going to the state treasury (only for items of significant
value); or

iv. Direct that property be retained as evidence or for further investigation

as appropriate.

l. All actions will be documented;

m. It should also be remembered that possession of unauthorized items is a

disciplinary infraction or may be a violation of law;

n. The items confiscated may be needed as evidence at disciplinary hearings

or in a court of law;

o. The Superintendent will establish a separate, secure area for the storage of

hard contraband;

p. Access will be restricted to designated staff only;

q. Records maintained regarding placement/removal of hard contraband

items into storage will be as those used for the detainee property storage
room; and

r. Chain of custody of hard Contraband items will be maintained.

D. Property Storage Room:

1. Each Center will establish a property storage room;

2. The purpose of this property storage room is for:

a. The storage of a detainee's property awaiting pickup by family;

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

b. Temporary removal from the Center;

c. Discharge clothing;

d. Disciplinary or security reasons; or

e. Any other reason a detainee's property needs to be stored.

3. The following will be adhered to in the management of detainee property

storage rooms:

a. Storage rooms will be secured with restricted access;

b. Only designated staff will have access;

c. An entry log will be maintained;

d. Property will not be placed in storage unless it has been properly

inventoried;

e. Detainees should be present during the inventory if possible;

f. The processing officer and detainee will sign an inventory form with:

i. A copy to the detainee;

ii. A copy attached to the property; and

iii. A copy filed.

g. Additionally, when needed and appropriate, stored items should be cleaned

prior to storage;

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

h. Property will be:

i. Securely boxed;

ii. Packaged; and

iii. Clearly labeled.

i. A copy of the inventory will be left with the property;

j. Property will be re-inventoried when returned;

k. When possible, the detainee should be present;

l. All involved parties will sign confirming inventory;

m. Discrepancies will be:

i. Reported immediately to the processing officer's supervisor who shall

initiate an investigation; and

ii. Notify the detainee property manager.

n. A logbook will be kept indicating:

i. Which detainee's package is placed in storage;

ii. When removed from storage; and

iii. The processing officer's name.

o. Property placed in storage for visitor pickup will be held no more than

thirty (30) days, after which the detainee will have to:

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|Authority:
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Facilities Division
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i. Mail home at his/her expense;

ii. Donate; or

iii. Destroy.

p. This does not include items held for discharge clothing;

q. Detainees will not be utilized as workers or helpers in the property room;

r. Before a detainee is given his/her property from storage, the detainee must:

i. Show proof of identity; and

ii. Ownership.

s. The property manager will:

i. Inspect the property room on a regular basis; and

ii. Insure procedures are being followed.

t. The property room is not intended for:

i. The storage of hard contraband; or

ii. Evidence.

V. Attachments:

Attachment 1: Personal Property Inventory
Attachment 2: Receipt/Disposal Agreement for Detainee Property/Contraband
Attachment 3: Personal Property Inventory-Female

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Authority:
Commissioner|Originating Division:
Facilities Division
(Detention Centers)|Access Listing:
Level I: All Access|

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, Attachments 1, 2, and 3 shall be placed in the Detainee’s case file
and the file shall be retained according to the official retention schedule for that file.