§ 12-35 Disposition of Property by the Police Property Clerk Where There Has Been an Arrest.
RCNY § 12-35
Where there has been an arrest prior to, simultaneous with, or subsequent to the taking or obtaining of the property, the property clerk shall take the following steps with regard to all vouchered property, subject to a different disposition required by other applicable federal, state or local law: (a) Subject to the provisions of 38 RCNY §§ 12-36 and 12-37, the police property clerk shall return all non-contraband property other than arrest evidence to a claimant who produces proper identification and the voucher issued to him or her for the property. The property clerk shall not require such claimant to submit a district attorney's release covering such property, and such claimant may make a demand whether or not criminal proceedings have been instituted and, if instituted, whether or not such proceedings have been terminated.
(b)Subject to the provisions of 38 RCNY §§ 12-36 and 12-37, the police property clerk shall return all non-contraband arrest evidence, which is or shall hereinafter come into his or her possession or custody, upon timely demand, to a claimant who produces proper identification and who submits a written district attorney's release covering such property and the voucher issued at the time of arrest. Failure to produce the voucher shall not preclude a lawful claim being made for property, although the property clerk may require the claimant to explain the loss or absence of the voucher.
(c)A demand for the return of property shall be timely if made within 120 days after the termination of criminal proceedings, whether or not the demand is accompanied by a district attorney's release or a statement upholding a denial of the release. A demand may be made in person or by mail by the claimant or by a representative authorized in writing to claim the property on behalf of the claimant.
(d)If a timely demand is made without a district attorney's release, the property clerk may treat such a demand as an inquiry and require a claimant to provide, within 270 days of the inquiry, the property clerk with a district attorney's release or a supervising district attorney's statement upholding the denial of the release. If the claimant fails within such 270 days to provide the property clerk with a district attorney's release or a supervising district attorney's statement upholding the denial of the release, the property clerk may dispose of the property according to law.
(e)If the claimant provides the property clerk with a district attorney's release within the time period set forth in subdivision c, the property clerk shall return the property as required by subdivision b above. If the claimant provides the property clerk with a copy of the supervising district attorney's statement upholding the denial of the release, the property clerk must retain the property and shall either (i) return the property to the claimant when the claimant thereafter provides the property clerk with a district attorney's release, or (ii) when the property clerk learns that the property is not needed as evidence, give written notice to the claimant or the claimant's representative, at his or her last known address, which may be the address of a correctional facility, that the property will be returned forthwith to that person. Property that remains unclaimed for a period of 120 days after the date of the notice specified in (ii), or the remainder of the time provided to a claimant to obtain a release under subdivision d, whichever is greater, may be disposed of by the property clerk according to law.
(f)In no event shall a claimant be required to obtain any additional documentation or evidence relating to the property or be required to submit any proof of ownership of the property other than the voucher, except if the vouchered property is a motor vehicle, then title (or a reasonable explanation for its absence) may be required.
(g)The police property clerk must provide each claimant with a written "acknowledgement of demand or inquiry," indicating the date the demand or inquiry was made and a description of the property demanded.
(h)In any situation where the property clerk has returned property to the person from whom it was taken or obtained in accordance with this subchapter, the property clerk shall not be liable to any subsequent claimant for the same property.
