§ 12-32 Vouchering Procedures.
RCNY § 12-32
The police department and the district attorney, where applicable, of each of the five counties of the city have implemented the following procedures governing the taking or obtaining of non-contraband property from a person's possession at the time of arrest: (a) The police shall make an inventory of such property and shall issue a voucher, which shall be given to the person as a receipt for items taken. The voucher shall contain the name of the person, a complete itemized list of all non-contraband property taken, and a brief description thereof.
(b)The person shall be given an opportunity to examine the voucher, and if such person finds the itemized list to be correct, such person may sign the voucher to acknowledge that it contains a complete list of property taken. Failure to sign the voucher shall not preclude a lawful claim being made for the property.
(c)The person must be informed that if he or she believes any additional non-contraband property was taken from his or her person or from his or her possession, or if he or she believes that property was erroneously vouchered to him or her, he or she may so indicate on the voucher. The arresting officer may sign the voucher indicating his or her concurrence with the list of items or any disagreement.
(d)A person is entitled to receive a voucher at the time of his or her arrest for property taken or obtained from his or her person or possession, and the other procedures set forth in these rules shall apply, regardless of whether the property has been denominated by the police department as "arrest evidence" or otherwise, and regardless of whether the arrest is prior to, simultaneous with, or subsequent to the taking or obtaining of the property.
(e)In bold letters on the back of the voucher, or on a separate sheet attached to the voucher, notice shall be given in plain English and Spanish setting forth the following procedures: (i) The person from whose possession the property was taken should retain and safeguard the voucher; (ii) In order to obtain the return of the property, the claimant or a representative authorized by a notarized writing to claim the property will be required to submit, in person or by mail, the voucher and proper identification to the office of the police property clerk located at a central location in each borough. The property may be disposed of by the police property clerk according to law unless the claimant demands the property no later than 120 days after the termination of criminal proceedings.
(iii)A claimant demanding the return of property other than arrest evidence does not require a district attorney's release and may make such a demand whether or not criminal proceedings have been instituted and, if instituted, whether or not such proceedings have been terminated. As used herein, "property other than arrest evidence" refers to non-contraband property taken from an arrestee merely for safekeeping or taken from the person or possession of an individual prior to, simultaneous with or subsequent to an arrest which is unrelated to the matter for which the individual was arrested. Following receipt of a demand for such property, the property clerk may return the property or otherwise proceed pursuant to the provisions of 38 RCNY §§ 12-36 and 12-37.
(iv)A claimant demanding the return of arrest evidence from the property clerk should obtain prior to the demand either a district attorney's release or a supervising district attorney's statement refusing to grant a release, although presentation of either or both of these documents to the property clerk is not required for making a timely demand. If demand for the property is made without a district attorney's release, or a supervising district attorney's statement, the claimant shall have 270 days from such demand to obtain a district attorney's release or a supervising district attorney's statement refusing to grant a release. If a release or statement refusing to grant a release is not provided to the property clerk within such period, the property may be disposed of according to law.
(v)If a claimant timely provides the property clerk with a district attorney's statement refusing to grant a release, the claimant must thereafter obtain a district attorney's release to obtain the return of the property.
(f)In addition to the notice provided by the police property clerk, the district attorney shall, unless prohibited by the local arraigning court, provide the notice described in subdivision e of 38 RCNY § 12-32 to each person from whose person or possession property was taken or obtained when those persons initially appear at arraignment. The notice also shall set forth the procedures by which a claimant may obtain a district attorney's release and the procedures by which a claimant may seek review in the event that a release is denied. It is not required that the district attorney provide a copy of the voucher at arraignment.
