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MEMORANDUM OF UNDERSTANDING BETWEEN MARICOPA COUNTY, ACTING THROUGH AND ON BEHALF OF THE MARICOPA COUNTY SHERIFF'S OFFICE, AND THE ADULT PROBATION DEPARTMENT OF MARICOPA COUNTY C-50-18-___-3-00 THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into by and between Maricopa County, acting through and on behalf of the Maricopa County Sheriff's Office (“SHERIFF”) and the Adult Probation Department, a division of the Superior Court of the State of Arizona (“APD”). This MOU is effective October 1, 2017, and will continue until terminated as set forth herein. This MOU is intended to formalize the relationship between SHERIFF and APD regarding Property obtained by APD employees in the course of their duties. It recognizes processes for: 1) the storage, retrieval and disposal of evidentiary items; 2) the safekeeping of found items, and 3) the destruction of items. WHEREAS APD seeks a qualified, appropriate, and economical Property handling service for items obtained in the course of probationary duties. WHEREAS SHERIFF has the facilities and personnel necessary to meet these needs. NOW THEREFORE, APD and SHERIFF mutually understand the following: I. Definitions: A full list of definitions is listed in SHERIFF Policy GE-3, Property Management and Evidence Control (“Policy GE-3”), attached hereto and incorporated herein by this reference. APD and the SHERIFF agree that the processes and duties set out in this MOU will be amended to conform to any future revisions to Policy GE-3. Chain of Custody: The complete and sequential documentation of all persons having control over an article of physical evidence between the time collected and when it is offered into evidence at a judicial proceeding. This documentation consists of the names and serial numbers of all employees assuming control of the evidence, and the dates, times, and places the control is assumed or transferred. Dispose: The transfer of property by its return to the owner, sale, conversion or destruction, or by any other means of disposal. a. Auction: The legal sale of property from which the proceeds shall be paid to a general fund of the jurisdiction. APD/SHERIFF 1 Property Storage Service August 2017 b. Destruction: The physical demolition of property, rendering it useless. c. Diversion: The process by which the ownership of abandoned, forfeited, or unclaimed property, that has a useful value to the Office, is legally transferred to the Office. Evidence: Material that has probative value in tending to prove or disprove a material fact in a criminal or civil case. Found Property: Recovered, lost, surrendered, abandoned or otherwise received property that is non-evidentiary and is turned over to a public agency where the owner may or may not be known. Found property is disposed of if it is not claimed after 30 days. Property: Any items, including currency, that are held for safekeeping, as evidence, found property, or which has been abandoned, unclaimed, or awarded by the court. Safekeeping: Non-evidentiary property that is placed in the custody of the Office for temporary protection on behalf of the owner and is available for immediate release to the rightful owner. Safekeeping property is disposed of if it is not claimed after 30 days. II. Property and Evidence Storage A. Property Acceptance SHERIFF will be responsible for the acceptance of properly packaged items from APD per Policy GE-3 and for entering items into the Property Management information system. APD will be responsible for adhering to the most current versions of Policy GE-3 and the SHERIFF’s packaging manual. This includes packaging separately each individual item of property or evidence and using Sheriff approved and appropriately-sized containers. SHERIFF will always have the right of refusal on any property as stated in Policy GE-3. B. Property Management Software. SHERIFF will maintain current evidence storage software that will be available to APD personnel who have been trained to use the software. SHERIFF will communicate to APD when training classes on the property management software system are scheduled for SHERIFF’s personnel so that APD employees can attend. APD can, if needed, request and fund additional training sessions for APD personnel. APD/SHERIFF 2 Property Storage Service August 2017 III. Disposal of Stored Items SHERIFF will be responsible for the disposal of all items impounded by APD. All proceeds from APD items sold at auction as a result of the disposal process will be transferred into the Maricopa County General Fund. All items impounded by APD and diverted for law enforcement use are the property of the SHERIFF. APD will notify the SHERIFF within 30 days of the disposition of cases with items held as evidence regarding the disposition of the items held in the case. This will be completed either through the property management system or an email to the Property Management Division supervisor. IV. Facility Security SHERIFF and APD will mutually maintain the physical security of the Property Management Facilities especially as it pertains to badge access permissions to protect the integrity of those facilities. It is understood that SHERIFF personnel will control entrance, exit and all grounds of the facilities. APD personnel will be required to follow instructions communicated at the gate and doors through the communications systems installed in SHERIFF’s Property Management facilities. V. Amendments Any amendment to this MOU must be in writing and signed by both parties. VI. Complaint Resolution SHERIFF and APD mutually understand that the security and storage of all impounded items are of paramount importance. The SHERIFF and APD agree to work together in good faith to resolve any complaints or disagreements regarding the services or other provisions of this MOU. If resolution cannot be completed, either party may terminate this MOU by providing ten (10) working days’ notice. VII. Termination This MOU shall continue in effect until the earlier of June 30, 2023, or termination by either party by providing not less than 30-day notice in writing to the other party. Chain of custody will be maintained throughout the termination process. APD/SHERIFF 3 Property Storage Service August 2017 This MOU contains all terms and conditions for management and storage of Property items related to probationary activities and is understood and accepted by SHERIFF and APD. Maricopa County Board of Supervisors Maricopa County Adult Probation __________________________________ Denny Barney, Chairman Date Barbara Broderick, Chief Date Attest: Maricopa County Sheriff’s Office __________________________________ Fran McCarroll, Clerk of the Board Date Paul Penzone, Sheriff Date Approved as to form: ___________________________________ Deputy County Attorney Date APD/SHERIFF 4 Property Storage Service August 2017