13A - COUNCIL COMMITTEE RPT - PUBLIC SAFETY

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Recommendation #4 - Up to 24 hour storage for a vehicle that has never been impounded. Thirty day impoundment for a vehicle that has been impounded two or more time in the last six months. The proposed policy says up to 30 day vehicle impounds will be authorized when it is determined the driver is the legal/registered owner or if the legal/registered owner knew or should have known the driver had license status issues. In most cases, other vehicles will not be impounded utilizing the up-to 30 day model. If a vehicle is impounded for 30 days, the owner will have an opportunity for a post storage hearing to have the vehicle released. In an effort to increase citizen satisfaction "Post Storage Hearing" hours will be increased to both the morning and the afternoon Monday through Friday. Recommendation #5 - Eliminate language regarding the "Due process clause under the 5th amendment of the U.S. constitution and case law" reference to the Post Storage hearing. This language must remain in the policy. It is critical for the officers to know that anytime a person is deprived of property they have a right to due process under the U.S. Constitution. Choosing to ignore case law on any issue would create liability and confusion for officers and the Department. Recommendation #6 - No deputy shall leave stranded any person who would not be able to obtain transportation in a safer manner. When necessary deputies should assist persons in finding safe transportation. Calling parents, transporting persons to safe place where they may arrange for transportation. This policy is already a consideration in the policy and will be further codified. Recommendation #7- Accept an alternate form of identification in lieu of a fingerprint card. Current department policy states an alternate form of ID can be used and proposed impound policy will require a fingerprint if identification is an issue. If the person is issued a citation the court mandates a fingerprint on the citation for filing if the driver does not have proper identification. This fingerprint will not routinely be entered into "ANY" electronic system but may be utilized to confirm identities for court at later times and could be used to ensure persons not responsible for illegal conduct are not held accountable. The use of a fingerprint on the back of any citation is a standard utilized on all out of custody arrests and citations performed by the Department. It is for future identification purposes only. Committee Member David Benavides wants to make sure the wording to verify the fingerprint is not passed on to any other organization. ITEMS FOR NEXT MEETING A. Impound Policy Update 4. NEXT MEETING DATE - Tuesday, September 27, 2011, 5:30 P.M. Santa Ana Police Facility, 60 Civic Center Plaza, Police Community Room, Santa Ana, California ADJQU ,NMENT - 9:35 P.M. a PAUL M. WALTERS Chief of Police 2 13A-2