Chapter 5 – Adult Custody and Security Operations

54030.5 Liability

• The department does not accept liability for the theft, loss, damage, or destruction of incarcerated person personal property resulting from the intentional or careless act or activities, or riotous behavior of any incarcerated person(s). The department does not accept liability for the theft, loss, damage, or destruction of personal property in the incarcerated person’s possession or control at the time of any willful act by the incarcerated person, such as escape, which exposes such property to loss or theft before it can be recovered and controlled by staff.

• Correctional staff shall assume responsibility for an incarcerated person’s property upon notice that an incarcerated person is being retained elsewhere by taking control of that incarcerated person’s property. If the property cannot be secured, as in a double occupied cell or dormitory, the property shall be removed and stored in a secured area.

• Within 24 hours upon notification of an incarcerated person being retained elsewhere, the incarcerated person’s property shall be inventoried, packaged for transfer, and placed in a secure area. A copy of the SOMSStrategic Offender Management automated form ISST200, Property Inventory, signed by the person who inventoried the property, shall be furnished to the incarcerated person.

• The department shall accept liability for the loss or destruction of incarcerated person personal property when it is established that such loss or destruction results from employee action. Incarcerated persons shall utilize the incarcerated person grievance and appeal process if unable to resolve a personal property claim with staff pursuant to CCRCalifornia Code of Regulations, Title 15, Section 3481. If the issue involves a prescribed health care appliance belonging to an incarcerated person with a documented disability, the incarcerated person shall utilize the CDCRCalifornia Department of Corrections and Rehabilitation Form 602-1/1824, Grievance/Reasonable Accommodation Request, to attempt to resolve the issue. Upon acceptance of liability, staff shall provide similar items of equal or greater value to the incarcerated person when such items are available via donated property items consistent with DOMDepartment Operations Manual Subsection 54100.23.4, Granted Property Appeals. If donated items are not available, monetary compensation to the incarcerated person for such loss shall not exceed either:

  • The dollar value as documented on SOMSStrategic Offender Management automated form ISSS051B, Registerable Property Items.

  • The cost of the item for which they have a receipt. 

  • The replacement value of a similar item as determined by a custody supervisor. Staff recommendations to the California Department of General Services Government Claims Program regarding monetary reimbursement are made accordingly.

• The department shall not assume responsibility for property abandoned by an escapee. Staff shall inventory the property as specified in these policies and provide secure storage. The final disposition of the escapee’s property shall be processed in accordance with California Penal Code Sections 5062 and 5063.