640.54 PRISONER/SUSPECT DAMAGE TO CITY PROPERTY
- PPB Property/Equipment Inventory Status Report (Facilities/Fleet)
- City Form CP1428.1 (Facilities)
Damage to City property that meets the definition of any degree of criminal mischief, arson or reckless burning will constitute damage under the provisions of this directive. In situations where a person is suspected of damaging any City-owned property resulting in a monetary loss, the arresting member will do the following:
a. If possible, charge the suspect with the appropriate degree of criminal mischief, arson or reckless burning.
b. Document the circumstances and the extent of the damage in an Investigation Report.
c. Complete City Form CP1428.1, if the property damage is a vehicle.
d. Complete a PPB Property/Equipment Inventory Status Report, if the property, including electronic equipment installed in or on vehicles, is destroyed or damaged beyond repair.
e. Have the on-duty sergeant ensure that damage is photographed.
f. Route a copy of the report to the Administrative Supervisor at the precinct or division for their action.
The Administrative Supervisor will arrange to have the appropriate City Bureau determine the damage costs as soon as possible.
a. If the damage is done to a vehicle, the estimate should be obtained from City Fleet.
b. If the damage is done to any other equipment, including electronic equipment installed in or on vehicles, Fiscal Services will be contacted to arrange an estimate.
If any of the crimes charged is a felony (either the original crime or the property damage charge), the damage estimate, the name of the estimator, the Investigation and Custody Report and the Investigation Report number will be forwarded by the Administrative Supervisor or designee to the appropriate Detective detail. In turn, the assigned Detective detail sergeant will forward the case material and damage estimate to the appropriate district attorney unit prior to the suspect’s arraignment, or as soon as possible.
a. In addition, if either the original crime and/or the property damage charge is a felony, copies of the case material and damage estimate will be forwarded by the assigned Detectives detail sergeant to Fiscal Services (Fiscal).
b. In the event that the District Attorney’s Office (DA) decides not to issue a complaint on the damage charge, or in the event that a complaint is issued but subsequently pled out in order to obtain a conviction on a more serious felony charge, then the assigned DA unit will be responsible for sending a memorandum to the assigned Detective unit. The memorandum should contain the report case number(s), the date of the crime occurrence, the defendant’s name(s), and the reasons the damage charge(s) was declined. The assigned Detective unit’s sergeant will be responsible for notifying Fiscal by memorandum so that Fiscal can initiate civil action for the restitution of the property damage. The memorandum to Fiscal will contain the report case number(s), the date of occurrence, the defendant’s name(s) and a copy of the DA’s memorandum specifying the reason(s) for not prosecuting the damage charge(s).
If the crime charged is a misdemeanor (either the original crime or the property damage charge), the damage estimate, the name of the estimator, the report case number will be forwarded to the Prosecution Liaison office, and, in turn, forwarded to the DA prior to the suspect’s arraignment, or as soon as possible.