question for the objectives:

1.Define dangerous and non-dangerous contraband.

2. Identify ten types of authorized property.

3.Explain when an offender-to-offender property transaction is authorized.

4.List the 11 standardized forms used to document the handling of offender property.

5.Explain the property storage requirements for offender property in their assigned housing areas.

6.Explain the procedures for confiscation of offender property.

7.Identify five events that necessitate confiscation of property that will not be returned to the offender.

8.Discuss handling offender religious items.

1. INTRODUCTION

TDCJ Administrative Directive, AD-03.72, "Offender Property," addresses matters relating to acquisition, possession, storage and disposition of offender property. It provides definitive procedures to be applied consistently throughout the Agency.As a Correctional Officer, it is your responsibility to know what property an offender is authorized to possess.In addition, you are responsible for identifying the various types of contraband. You will be responsible to correctly inventory an offender's property and when appropriate confiscate and properly document the confiscation while performing your daily duties. Guidelines related to offender property, when adhered to, enhance the safety and security of the institution, staff and offenders.

Instructor Note: Review performance objectives.

PERFORMANCE OBJECTIVES

1. Define dangerous and non-dangerous contraband.
2. Identify ten types of authorized property.
3. Explain when an offender-to-offender property transaction is authorized.
4. List the 11 standardized forms used to document the handling of offender property.
5. Explain the property storage requirements for offender property in their assigned housing areas.
6. Explain the procedures for confiscation of offender property.
7. Identify five events that necessitate confiscation of property that will not be returned to the offender.
8. Discuss handling offender religious items.

IMPORTANT TERMS AND DEFINITIONS

Confiscate is when a staff member takes possession of offender personal property.

Consumable Items areitems intended to be eaten.

Contraband- Altered, out-of-place, or excesses of, authorized property; and any item that an offender is prohibited to possess or obtain while in custody, unless received by the offender as the result of a state or federal court order or legitimately through the litigation process. Contraband is categorized into three sub-groups:

(a) Dangerous - Represents a threat to the security and safety of the unit, possession of which violates Agency rules, or State or federal law.Includes, but is not limited to:items related to security threat groups; weapons; intoxicants; currency or negotiable instruments; tobacco products; tools; ammunition; explosives; combustible or flammable items; altered, damaged or repaired internal components or electrical cords of electrical equipment; cell phones; controlled substances; and authorized medicine, if not used in the manner prescribed.

(b) Non-Dangerous - Represents a threat to the management of the unit, possession of which violates Agency rules. Includes, but is not limited to: authorized property which has been altered, damaged, is in excess of allowable amounts, or is out of place (e.g., a razor at recreation, magazine in the dining hall); any items not authorized for the offender to possess; and any item made from State property without authorization. Spoiled food items and empty containers are trashcan be thrown away and there is no need to do confiscation paperwork.

(c) Documentary- Documents not received through authorized channels as set forth in BP-03.91, "Uniform Offender Correspondence Rules," or documents/sensitive information held by the TDCJ that are not listed in the attachment to Open Records Act Manual Chapter 2. Legal materials, which are not received through authorized channels as set forth in BP-03.91, are considered documentary contraband. (i.e. a policy that an offenders was not entitled to receive through open records; however, his parent obtained it through open records and after receiving it sent it to the offender) Generally, documentary contraband shall not include any documents that were received from an attorney. It is inappropriate for one offender to possess information about another offender (i.e. criminal history).

Note: If there is a question, contact a supervisor for guidance.

Educational Items- Includes books and literature (i.e., library-issued books, religious texts [e.g., Bible, Torah, Quran, Book of Mormon, or other such religious text and study material], textbooks, workbooks, resources books, and substance abuse literature); papers (i.e. worksheet packets and assignment papers); and equipment (i.e., plastic ruler and hand-held calculator, or other such items).

Health Care Devices/Supplies - Includes dentures, prescription eye glasses (prescription sunglasses if deemed medically necessary); contact lenses (clear or colored) are permitted until Health Services issues eyeglasses or they are deemed medically necessary, prostheses, crutches, medically-prescribed shoes, physician-prescribed medication, sleep-apnea machines, keep-on-person (KOP) or over-the-counter medications (no prescription required), and any item deemed necessary by medical staff which is supported by a medical pass.

Legal Material - Includes: pleadings, transcripts, legal books, notes and drafts; correspondence to and from attorneys, court and public officials; carbon paper and stationery items (excluding greeting cards).

Offender Personal Property - Authorized items that accompany an offender into the agency during intake, received in accordance with or meet the requirements of BP-03.91 "Uniform Offender Correspondence Rules" (i.e., sexually explicit images) and items purchased from a unit Commissary or an approved vendor while in the custody of the TDCJ. For purposes of this policy, craft shop/art materials, supplies, equipment, and tools are not subject to the inventory requirements of this policy.

Oversized Printed Items - Includes a poster, greeting card, or something similar, which may contain pictures or printed material on both sides. The item may be up to a maximum size of 18 inches by 5 feet; however, must be reduced by folding to a maximum dimension of 9 by 15 inches.

Personal Hygiene Items - Includes dental items (e.g., toothbrush, brush holder, tooth powder, tooth paste, dental floss, denture adhesive), shampoo and other hair care products (e.g., conditioner, activator, gel), skin care products (e.g., baby oil, lotion, baby powder, foot powder, petroleum jelly, or other skin care products), soap, soap holder, disposable razor, shaving cream, after shave, comb, brush, deodorant and shower shoes.

Sizing Bin - A non-expandable box, with inside dimensions measuring one foot by one foot by two feet (1' x 1' x 2'), to enable unit staff to measure the volume of an offender's property contained in a mesh bag prior to transfer.The offender may take his typewriter if it fits in that bag and the bag can be sealed. This bag does not have to fit into the sizing bin.

Stationery Items - Includes pencils and pens (clear see-through ballpoint stick pens only) and unused writing tablets and/or paper, greeting cards, envelopes, and stamps.

1. PRESENTATION

Policy

The TDCJ shall establish what personal and State-issued property an offender is authorized to possess or obtain while in custody, as well as regulations for the storage and transfer of offender property. An offender who chooses to possess property while in TDCJ thereby consents to TDCJ rules and regulations regarding the acquisition, possession, storage and disposition of said property.Contraband shall be confiscated and disposed of in accordance with procedures outlined inAD-03.72, "Offender Property."

Procedures

1. Authorized property identified is the maximum authorized for offenders, however, due to the offender's classification, custody or disciplinary status the property an offender is authorized to possess may be further restricted. We must refer to the specific manual (e.g. Health Services Policy and Procedures Manual), plan (e.g. G5 Plan [Close Custody], Administrative Segregation Plan, Death Row Plan, etc.) or directive (e.g. AD-03.53, Solitary Confinement) for additional guidance related to further restrictions on property.

Items established by this directive shall not be expanded. In addition, some offenders may have property restricted pursuant to therapeutic treatment programs (e.g. Sex Offender Treatment Program [SOTP], Substance Abuse Treatment Program [SATP]).

1. Items Permitted for Newly-Received Offenders at the Time of Intake.

1. Educational Materials - The only educational items that are permitted at the time of intake are limited to substance abuse literature and one religious text.

1. Gender-Related Items for Females - May retain up to seven bras if they are white in color and do not have an underwire.

1. Health Care Devices/Supplies - These items are allowed at time of intake and shall require a medical evaluation and approval from Health Services Staff. Intake staff shall issue a PROP-02 "Registered Property Receipt." Contact lenses (clear or colored) shall be permitted at intake until Health Services staff issue eyeglasses. Colored contacts shall be documented on the PROP-03 and in the offenders file.

NOTE:At NO time shall an offender's free-world eyeglasses or contact lenses be confiscated before he has been prescribed and issued state issued eyeglasses or contacts. If the glasses or contact lenses pose a security concern the warden or appropriate designee shall expedite an optometrist appointment through the medical department

1. Identification Documents - TDCJ offenders ID card shall be issued at intake. All other documents (e.g. birth certificate, social security card, and driver's license) shall be surrendered and placed in Institutions Division offenders permanent classification headquarters file. For State Jail offenders these identification documents shall be placed in the offender's unit file. Identification documents shall be returned to the offenders upon release from TDCJ.Offender truck driver's driver license will be secured on his unit of assignment except when in use.

1. Jewelry Items - one wedding ring and one wristwatch. If either is deemed excessive in value or size at the time of intake, they shall not be authorized. Excessive value cannot be determined at any time after the intake process. Note: A wedding ring shall not be acquired subsequent to confinement. A wristwatch acquired subsequent to confinement shall only be one, which the offender purchases at the commissary.

1. Legal Material - limited to official documents (no unused stationery items).

1. Personal Hygiene Items - Shower shoes only at intake.

1. Photographs - If Polaroid-type, must have the bottom removed.Photographs of a sexually explicit nature shall not be permitted.

1. Personal Shoes - If State-issued shoes are unavailable in the correct size, a newly-received offender shall retain his shoes. The shoes shall be registered, and State-issued footgear ordered. Upon receipt of the State-issued footgear, the personal shoes shall be disposed of in accordance with Confiscation and Disposition of Contraband Procedures.

1. Religious Items - One each of those items specific to the offender's declared faith are permitted, if they are consistent with chaplaincy guidelines. Rosaries and other prayer beads are prohibited at the time of intake due to the presence of nylon string and/or chain in their construction.Registration documents shall be issued on all religious items that are allowed.

1. Trust Fund Account - Cash or negotiable items (e.g., money orders, cashier's or law enforcement checks) shall be accepted for deposit via the unit clearing fund into an offender's trust fund account.Negotiable items must be endorsed and thumb-printed by the offender. Personal checks are prohibited. Cash is only accepted at time of intake.

1. Visitor Address List

Note: An offender returning to TDCJ following a medical appointment shall have in his possession only those items with which he departed TDCJ, with the exception of medically prescribed health care devices. Any additional items (e.g., non-commissary purchased hygiene and food items) shall be confiscated and disposed of in accordance with Confiscation and Disposition of Contraband Procedures.

1. Necessity Items

TDCJ issued necessity items include linens (sheets; pillowcase; blanket; towels) and clothing (thermals; gym shorts; t-shirts; socks; panties and bras for female; shirts; pants; jacket/raingear; shoes or boots; and dresses and gowns for females.

In addition to TDCJ issued clothing some undergarments, gloves and shoes may be purchased at the commissary. All commissary purchased clothing must be in authorized quantities and stored appropriately.

1. An offender may possess two pair of shoes at a time. Of the two pair of shoes allowed, one pair may be state-issued (i.e. brogans, canvas, or medically-issued), unless an offender wished to buy his own shoes from the Commissary. If he chooses to purchase both pair from the Commissary, one pair must be appropriate for work. (i.e. the offender may have two pair of tennis shoes; or two pair of rhino boots; or one pair of tennis shoes and one pair of boots either commissary purchased or state issued; or one pair of tennis shoes and one pair of state issued boots - TWO PAIR TOTAL) All shoes purchased from the Commissary must be registered.

1. Steel-toed boots shall be state issued and stored in the offender's work area when not in use. Other specialty work-related items (i.e. work gloves, jackets, raingear, rubber boots, cowboy boots, and other similar items) shall be state-issued and stored in a manner designated by unit administration.

1. Registered Property

1. Registered Property items must be supported by ownership documentation and engraved (if practical) or marked with the offender owner's TDCJ number. An offender must have approval for initial purchase or registered items.Prior to approving the repurchase of a registered property item, the offender must present the old item on a one-for-one exchange or risk placement on an administratively imposed waiting period for up to six months.

2. Offenders returning from bench warrant, State or privately operated TDCJ facility; must present a PROP-02, "Registered Property Receipt," for the registered property item or he will not be allowed to return with the item.

3. The only property items that require registration are as follows:

1. Non-TDCJ issued shoes/boots
2. Radio
3. FM booster
4. Multi-outlet
5. Alarm clock
6. Clamp-on lamp
7. Electric fan
8. Typewriter
9. Hot pot
10. Wedding ring (exempt from marking/engraving)
11. Wristwatch (exempt from marking/engraving)
12. Curling iron/hair dryer (female's only)
13. Free-world health care devices (exempt from marking/engraving)
14. Religious items (exempt from marking/engraving)

Instructor Note: Use the following scenario/role-play. Involve participants in a class discussion of their responses.

Take note that any free-world shoes in the system at the time the policy went into effect were permitted until they wore out.

WHAT IF . . .

While conducting a cell search, you find a pair of shoes that do not appear to be TDCJ-issued, nor can they be bought through the commissary. Under what conditions, if any, may an offender possess "free world" shoes? What steps should you take to verify if the shoes are authorized? What action is required should you determine that the shoes are unauthorized?

1. Property Transactions

There are only certain ways that an offender may acquire property. Offenders shall not be permitted to send out property items, via mail or visitor, with the intent of repair/return nor shall any items be sent to an offender outside of established policy.

1. Newly received offenders shall be informed in writing (PROP-01, "Authorized Offender Property List") concerning what authorized offender property they may keep upon arrival at TDCJ and what property they may obtain and possess while in TDCJ. In addition, they shall be informed in writing concerning authorized amounts of each property item.

Instructor Note: Have participants review a PROP-03 "Offender Intake Inventory."

a. All property including TDCJ-issued clothing (exception: cash and negotiable items) shall be inventoried on a PROP-03, "Offender Intake Inventory".The offender shall be allowed to retain all authorized property in allowable amounts. Cash and negotiable items shall be inventoried on a PROP-03.1, "Intake Money Receipt," and placed in a PROP-03.2, "Intake Money Envelope." The PROP-03.2 shall be secured until deposited in the offender's trust fund account. All other property will be disposed of pursuant to offender property confiscation and disposition guidelines.

b. Offenders returning from bench warrant or emergency absence will not be permitted to return with food or hygiene items; however, any other property taken with the offender may accompany the offender upon return. Items requiring registration must be supported by a PROP-02, "Registered Property Receipt."

1. Staff may only provide an offender with State-issued items or indigent supplies under the condition of, and in amounts authorized by, Agency policy.

1. State-issued/State-owned property items include cell (mattress and pillow) and necessity items

1. State-issued/Offender-owned property may include medically-issued supplies, stationery items, (pursuant to AD-07.90 "Correspondence Supplies and Postage for Offenders.") and/or indigent hygiene items, such as soap, toothbrush, tooth powder, shaving implements, etc

3. Commissary Purchases

Each unit has a Commissary where offenders may make purchases. Offenders that are newly received or arriving at a new unit of assignment may be limited to a designated amount of money available for Commissary purchase. A newly-received offender must also wait until he is issued an ID card and money has been posted in his/her trust fund account. Items offered for sale shall be from a store item master list to ensure uniformity statewide. Sale of some items may be in limited amounts (established per spend or per month).

1. Offenders may not possess more than 60 stamps at a time.

1. If an offender uses his supply of stamps and needs additional stamps he must submit an I-60, "Inmate Request to an Official," to the Warden for approval.

Amounts that an offender may spend in the Commissary are based on his classification, custody or disciplinary status. No offender shall possess more property than he can store properly.Guidelines for special commissary purchases are addressed in AD-14.23, "Special Purchase Items Identification and Sales Procedures."

1. Outside Vendors

Some items are authorized for purchase/receipt from outside vendors are specified in TDCJ Correspondence Rules.Offenders are responsible for storing property in designated areas to include store publications and stationery items. In addition, offenders are responsible for disposing of items in excess of storage capacity. Warden approval of offender outside vendor purchases does not supersede the offender's responsibility to ensure proper storage of offender property.The Warden may withdraw his approval upon receipt of the requested items.

Note: Hobby, craft or piddling materials shall be ordered in accordance with AD-14.59, "Offender Piddling and Craft Sales," and unit policies.Items made in the craft shop shall not be for an offender's personal possession.

Note: According to policy, the number of publications (i.e., magazines, newspapers) is not specified if stored properly. However, if not stored properly, the items are considered contraband and will be confiscated.

5. Religious Devotional Items

Offender shall coordinate the purchase and receipt of approved religious items with their unit Chaplain in accordance with AD-07.30, "Procedures for Religious Programming."

1. Offender-to-Offender Transactions

Property transactions from offender to offender are prohibited with the following exception:

In situations, when one offender is assisting another or being assisted by another offender in legal work, an exchange of legal publications and/or stationery items needed for that legal work may be accomplished pursuant to the Uniform Access to Courts, Counsel and Public Officials Rules and AD-07.90, "Correspondence Supplies and Postage for Offenders."

1. Identification of Property

1. Registered Property

All personal property that requires registration shall be issued with a PROP-02, Registered Property Receipt, which will be used to establish ownership/authorized possession of the items. The Registered Property Receipt is generated in triplicate and distributed as appropriate.The offender will have either a yellow or white computer generated

1. Staff Responsibility for Engraving and Marking Offender Personal Property

a. Staff shall be responsible for engraving all registered property with the exception of the wedding ring, wristwatch, religious items and free world health care devices.

b. All Commissary-purchased shoes shall be marked with the offender's TDCJ number in permanent marker by Commissary staff at the time of the purchase.

c. Only one TDCJ number shall be engraved/written on each registered property item. In the case of a "recycled item" issued to an offender pursuant to a property settlement, any previously engraved TDCJ numbers shall be completely removed. The TDCJ number of the offender being issued the "recycled item" shall be engraved prior to such issuance.

d. The Warden may require the engraving of any non-registered property items as deemed necessary for identification purposes.

1. Offender Responsibility for Marking Personal Property

a. Offenders must write their TDCJ number on the back of each stamp purchased from the Commissary or issued from the Indigent Supply Program.

b. Offenders must write their name of commitment and TDCJ number in the top front left hand corner of each envelope purchased from the Commissary, received from an outside vendor, or issued through the Indigent Supply Program.

1. Storage Requirements

In the event of an emergency evacuation, offenders may be required to leave their property at the unit.

Offender property storage containers shall be a minimum of 1.75 cubic feet, metal fire resistant and closable with the exception of some single-celled offenders whose storage containers do not have lids for security reasons and will not be closable (e.g. Security Detention).

If the storage container exceeds 2.0 cubic feet, the property contained therein shall be calculated based on a 2.0 cubic foot volume. The size of the storage container shall be taken into consideration should the offender request additional storage space for legal or educational purposes. Offenders shall store property in a manner as to prevent fire or sanitation and housekeeping problems. Only cell/dormitory fixtures shall be attached to walls, windows or doors. In the offender's absence from the housing area, their property shall be stored in the following manner:

1. One photograph and one of each hygiene item may be stored on the shelf.

Note: Units with dorm housing may allow the offender to use the small desk as a shelf.

Note: In an Administrative Segregation cell, if no shelf is available, these one-of-each items may be stored on an empty bunk.

1. One storage container shall be available and used primarily for combustible and consumable items.
   1. With the exception of shoes, State-issued necessity items, non-combustible items (e.g., typewriter, radio, fan, and other such non-combustible items), and the items authorized to be on the shelf, the total volume of an offender's property must be placed in the closable storage container, to include commissary-purchase clothing items.

1. In-cell hobby, craft or piddling materials shall be stored in the closable storage container, with a maximum of three poster boards or canvases per offender permitted to be stored outside the container.

1. Female offenders may purchase one additional closable storage container to hold gender-related items only (referred to as a 'gender box').It shall be stored in the closed position.

1. Hairdryers of a size that will not fit into the "gender box" may be stored neatly in the housing area.

1. Curling irons may be temporarily stored outside the "gender box" to cool from use.

1. If necessary and upon written request from the offender, one additional storage container shall be issued to the offender to accommodate educational materials related to college course work. The container shall be authorized for the duration of the course and will be issued through the Law Library.

1. Legal Material

Additional space for legal materials is authorized only if the offender can establish that the first closable storage container is totally filled with legal materials, current educational materials and a reasonable amount of commissary.The Law Library Supervisor shall be responsible for authorizing the issuance and tracking of legal storage containers and bags. For each additional storage container the offender is authorized, the offender will be issued one mesh bag to be used for transport of legal materials.

Instructor Note: Use the following scenario/role-play. Involve participants in a class discussion of their responses.

Instructor Note: Discuss the property review of an offender's cell to determine if property is stored properly. Is commissary bought clothing outside the locker? Is there more than one each of hygiene on the shelf? Are there multiple photographs on the shelf/hung on the cell walls?

1. Handling an Offenders Religious Property

A religious property item includes any item that has religious significance connected to it. These items may be handled differently for so that offenders' religious freedoms and beliefs are not violated.

All religious items must be approved by the Director of Chaplaincy to ensure consistency system wide. Some of the items allowed are as follows:

• Religious medallions shall be purchased/acquired through the unit Commissary except those provided by approved volunteers (i.e., Kairos cross, Franciscan cross, etc.). (The previously authorized 2" Kairos cross may also be retained.) The religious medallion will be made of non-flexible material no more that one and one-half (1 ") inches wide or long. It shall include the neck chain, yarn, or thong necessary for appropriate neckwear. Religious medallions that will not fit on the commissary ball type chain may remain on the chain that was purchased with the medallion from the commissary or the chain currently holding the medallion.

• Rosaries and prayer beads shall be black in color and the individual beads are not to be more that 3/8 of an inch in diameter. Nylon string is not allowed.

• A Headband must be made of natural leather or white cloth.

• The Hijah, Kufi, Yarmulke, and Turban must be made of white cloth.

• A Talith (prayer shawl) must be made of white cloth with pale blue thread running through it.

• Prayer rugs have no color restriction.

• A Medicine bag shall be no more than a 2" square, animal skin pouch with a leather or fabric thong or string worn around the neck containing natural objects (e.g. feather, shell, bone, sacred stones, plant, or other natural objects).

NOTE:Religious texts (e.g., Bible, Torah, Quran, Book of Mormon, or other such religious text and study material) are included in 'Educational Items'.

Instructor Note: Show examples of some religious items.... prayer rugs; prayer beads or rosaries that are the wrong color, demonstrate how to search a medicine bag. Instruct students to be aware of approved devotional items. Inform the students they should contact a supervisor or the chaplain on the unit which they are assigned for policy concerning these items.

1. Confiscation and Disposition of Offender Property
   1. Prohibited at Time of Intake

Confiscated property shall be processed in accordance with these procedures, as it relates to: inventory, storage, return or disposition of the property. If ownership is in question, that property shall not follow a transferred offender to another unit until ownership issues are resolved.Confiscated property, which is State-issued and State-owned, shall be returned to the unit issuing authority, if not required as evidence. An offender's property may be confiscated at any time, from any location, for the reasons stated below and must be appropriately documented on the correct paperwork:

All incoming property shall be inventoried using the PROP-03. The offender, at his expense, may make disposition of unauthorized property pursuant to policy guidelines. The PROP-08 "Disposition of Confiscated Offender Property" should be used in addition to the PROP-03 to document visitor pick-up and delivery to the Mail Room.

2. Departures from Unit

1. Unit Transfers
   1. All property shall be inventoried on the PROP-05, noting the property in the offender's possession, to include inventoried items on his person, such as TDCJ photo ID, wristwatch, shoes, and other items, as well as, that which remains in the Property Room.

An offender may depart from a unit on a temporary basis or due to re-assignment. At the time of departure, the offender may take one state-issued mesh bag, which shall be of a size to fit into a 2.0 cubic foot storage space. Offenders who are authorized additional legal storage may take one additional mesh bag for legal material. The offender may take his typewriter if it fits in that bag and the bag can be sealed. This bag does not have to fit into the sizing bin. All property shall be inventoried on the PROP-05, noting the property in the offender's possession, to include inventoried items on his person, such as TDCJ photo ID, wristwatch, shoes, and other items, as well as, that which remains in the Property Room.

(1) The offender carries his property into or out of the transport vehicle; the transport officer shall compare each offender's TDCJ photo ID card against the identifying information on the property tag to ensure a correct match of the offender to his property.

(2) Offenders departing due to a bench warrant may depart on a TDCJ transport vehicle or with an outside law enforcement agency. Offenders may take one state-issued mesh bag, and one mesh bag of legal material for each authorized legal storage container.

(4) Staff shall inform the offender that only registered items with proper documentation and non-food items, which do not pose a risk to security, may accompany the offender upon return to the TDCJ. Offender shall not be permitted to return with a wedding ring, watch, or shoes that were acquired while out of the custody of the TDCJ.

1. If the receiving law enforcement agency will not permit the offender to take his personal property, the property shall be inventoried, tagged, logged, and stored in the Property Room on the unit of departure.

b. Offenders departing for a medical appointment shall be limited to ONLY those items noted below:

(1) Legal materials, including writing materials, necessary to support current pending litigation;

(2) A fan;

(3) Personal hygiene items shall be limited to one each;

(4) KOP medication; and

(5) Female offenders may also take feminine hygiene products; one hair clip or band; two pairs of socks and underwear; and two bras.

3. Contraband

a. Dangerous Contraband that represents a threat to the security and safety of the unit.The confiscation shall be documented on a PROP-08 and turned over to the property officer or designated after-hours storage area for processing. The offender shall not sign or receive a copy of the PROP-08 form.

b. Non-Dangerous Contraband that is prohibited to possess in any amount. The confiscation of the property shall be documented on a PROP-08. The property shall then be turned over to the property officer or designated after-hours storage area for processing.

c. Documentary Contraband shall be documented on a PROP-08. The property shall be turned over to the property officer or designated after-hours storage area for processing.

d. Excessive Amounts - Property possessed in excess of the quantity indicated on the PROP-01 (i.e., more than one pair of shower shoes or more than two pair of personal shoes). The confiscation of the property shall be documented on a PROP-08. The property shall be turned over to the property officer or designated after-hours storage area for processing. (Be careful...some items can be in any amount if properly stored)

e. Stored Improperly - Property that is not stored in accordance with this directive when the offender is not present in his assigned housing area. The confiscation of the property shall be documented on a PROP-08. The property shall be turned over to the property officer or designated after-hours storage area for processing. The offender may be subject to disciplinary action for a violation of agency rules.

f. Ownership/Legitimate Possession is Questionable

1. The confiscation of the property shall be documented on a PROP-08. The property shall be turned over to the property officer or designated after-hours storage area for processing.

1. An offender shall establish ownership/authorized possession of food and hygiene items by providing a Commissary receipt that is no more than 60 days old and that has been verified as legitimate.

1. An offender shall establish ownership/authorized possession of registered property items by providing a verifiable Registered Property Receipt (PROP-02) for the property item in question.

g. Property Restriction Imposed due to Classification, Custody, Disciplinary Status, or Treatment Sanctions

Restricted property shall be confiscated and inventoried on a PROP-05 and/or PROP-08, be turned over to the property officer or designated after hours storage area for processing.

h. Medical Treatment

Offender property items may be confiscated as a precautionary measure at the direction of medical staff; this must be documented on a PROP-05 and/or PROP-08. The property shall be turned over to the property officer or designated after-hours storage area for processing.

i. Offender Requested Disposition

An offender may request that the Property Officer allow him/her make disposition of property that he/she is no longer able or willing to maintain in the housing area.

Note: Offenders shall use this method to make disposition of recreational art items such as: illustrations, boards, and handkerchief art.

j. Offender Escape

Once an escape has been confirmed, the property belonging to the escaped offender shall be considered abandoned. The Warden shall direct two staff to inventory the confiscated property, using the PROP-05 (one to conduct the inventory; the other to witness it). The property shall be held in a secure area designated by the Warden for evidence if necessary.

k. Offender Death

The time at which the property of a deceased offender is confiscated shall depend upon whether leaving it in its place is necessary for investigative and evidentiary purposes. When appropriate, the Warden shall direct two staff to inventory the confiscated property, using the PROP-05 (one to conduct the inventory, the other to witness it). Procedures regarding the disposition of property belonging to a deceased offender are outlined in AD-03.29, "Procedures to be followed in Cases of Offender Death."

Instructor Note: Advise participants that in accordance with SM-03.03, Contraband Processing, all evidence (e.g., weapons, controlled substances, etc.) shall be handled a minimum number of times. Each change of hands shall be logged on the "Chain of Possession Sheet" and either placed in the evidence box or turned over to the appropriate authority (e.g., OIG Investigator, Major, Warden or Cash Custodian). Stress the importance of proper evidence handling.

1. Methods of Property Disposition

Disposition of confiscated property shall be made in accordance with one of the options available to the offender or the agency as outlined in AD-03.72. All dispositions shall be appropriately documented and witnessed on the PROP-03 for newly-received offenders or the PROP-08 for others.

1. Property Claims

In the event an offender alleges his property has been stolen, damaged by staff, or inappropriately confiscated, the offender may seek administrative remedy through the TDCJ Offender Grievance Procedure.

1. Monitoring Requirements

1. Staff shall periodically inspect offender-housing areas to ensure possession of authorized property only, adherence to restrictions, and proper storage or property. The inspections shall be documented on the Cell Search Log in accordance with SM-03.02, "Cell Searches", as well as on the I-201 and I-216 for segregated housing areas.

1. Offenders who fail to comply with property storage requirements are subject to disciplinary action, as well as the confiscation of improperly stored property.

1. The functional area of offender property shall be monitored in accordance with operational review procedures.

1. APPLICATION

Instructor Note: Divide the class into three equal groups. Using the following scenarios, have each of the groups determine what appropriate form to complete. Have each group then separate into two subgroups and have each subgroup complete that form. Once they have completed the forms, have them exchange forms within each subgroup and critique each other's work.

Repeat the group project for each scenario and then review the correct procedures for completing each PROP form. Involve participants in a class discussion of their responses.

WHAT IF . . .

1. You are assigned to work in the Offender Intake processing department. You are instructed by your supervisor to inventory the property of a newly received offender from the county. What property form should be utilized and what type of information should be documented on it?

1. You are instructed by your supervisor to inventory an offender's property that has just been moved to administrative segregation. What type of form should you use and what should be documented on the form?

1. You are assigned to work a cellblock. While in the process of doing your routine cell searches, you notice that an offender has some property that does not belong to that offender. After you confiscate the property what type of form do you fill out, and what should be documented on the form?

Instructor Note: Use the following scenario/role-play. Involve participants in a class discussion of their responses.

WHAT IF . . .

While performing a routine pat-search you instruct the offender to remove items from his pocket. Upon inspection of the items, the offender has a small leather ID case that holds his ID card. When you question the offender, you're that that the offender made the ID case in the craft shop. You know he has craft shop privileges and works with leather. What steps are necessary at this time? Can he keep this item?

Instructor Note: If time permits, perform a mock property search, using a 'sizing bin' or box that is two cubic feet and filled or partially filled with both authorized property and contraband items; have two participant search and inventory the property. One participant should search/identify property while the other documents the items to the PROP-05 "Offender Property Inventory", PROP-07 "Offender Property Tag", and PROP-08 "Disposition of Confiscated Offender Property" form (as appropriate). Refer participants to these forms. As unauthorized items are detected, have other participants determine why the items are contraband and whether they are dangerous or non-dangerous contraband.

1. SUMMARY

AD-03.72, "Offender Property," includes a list of items that may be brought into the Texas Department of Criminal Justice. It also describes the items an offender may acquire while in custody at a facility owned by, or operated for the TDCJ.Guidelines set forth in AD-03.72, "Offender Property,": are intended to ensure consistency in the types and amount of property an offender is allowed to possess. It establishes clear consistent guidelines for processing property; provides clear guidelines as to offender responsibility for storing authorized property; ensures storage requirements, reduce fire hazards and assists with housekeeping issues; improves safety of staff and offenders during transport; and provides consistent guidelines for tracking of property to reduce instances involving lost or damaged property. Offenders are only required to have their property properly stored when they are notpresent in their cell or housing area.

Instructor Note: Review performance objectives.

1. EVALUATION

Written Examination