Chapter 5 – Adult Custody and Security Operations

54030.6 Liability

• The Department does not accept liability for the theft, loss, damage, or destruction of inmate personal property resulting from the intentional or careless act or activities or riotous behavior of any inmate(s). The Department does not accept liability for the theft, loss, damage, or destruction of personal property in the inmate’s possession or control at the time of any willful act by the inmate, 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 inmate’s property upon notice that an inmate is being retained elsewhere by taking control of that inmate’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. 

• Upon notification of the inmate being retained elsewhere, but within 24 hours, the inmate’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 inmate. 

• The Department shall accept liability for the loss or destruction of inmate personal property when it is established that such loss or destruction results from employee action. Inmates shall utilize the inmate grievance and appeal process if unable to resolve a personal property claim with staff pursuant to Subsection 54100.1. If the issue involves a prescribed health care appliance belonging to an inmate with a documented disability, the inmate may utilize the CDCRCalifornia Department of Corrections and Rehabilitation Form 1824, 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 inmate when such items are available via donated property items consistent with Subsection 54100.23.4, Granted Property Appeals. If donated items are not available, monetary compensation to the inmate 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.