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HomeMy WebLinkAboutEvidence Room (Physical observation and new software controls)Sheriff’s Office - Evidence room report #11/12-10 October 2012 Sheriff’s Office – Evidence room (Physical observation and new software controls) To request this information in an alternate format, please call (541) 330-4674 or send email to David.Givans@Deschutes.org Deschutes County, Oregon David Givans, CPA, CIA Deschutes County Internal Auditor PO Box 6005 1300 NW Wall St, Suite 200 Bend, OR 97708-6005 (541) 330-4674 David.Givans@Deschutes.org Audit committee: Gayle McConnell, Chair - Public member Chris Earnest - Public member Jean Pedelty - Public member Greg Quesnel - Public member Michael Shadrach - Public member Jennifer Welander - Public member Anthony DeBone, County Commissioner Dan Despotopulos, Fair & Expo Director Scot Langton, County Assessor Sheriff’s Office - Evidence room report #11/12-10 October 2012 {This page left blank} Sheriff’s Office - Evidence room report #11/12-10 October 2012 TABLE OF CONTENTS: HIGHLIGHTS 1. INTRODUCTION 1.1. Background on Audit …………..………………………………………...…… 1 1.2. Objectives and Scope ………………….……………………………..……… 1 1.3. Methodology …………………………………….…………………...…...… 1-2 2. BACKGROUND …………………………………………………………………… 2 3. FINDINGS Evidence inventory observation ……….………………..………………….... 2-7 Evidence software implementation ……………………..……………………... 8 Budgetary issue ..………………….……………………..………..……….... 9-10 4. MANAGEMENT RESPONSE – Deschutes County Sheriff’s Office ….... 11-14 Sheriff’s Office - Evidence room report #11/12-10 October 2012 HIGHLIGHTS Why this audit was performed: The Sheriff’s Office is undergoing a replacement of their evidence software and wanted a review of controls. It also made good sense to perform an inventory of their current evidence. What is recommended Significant recommendations included: Developing additional procedures to improve control over items to be destroyed, items not under direct custody, and location information. Improving guidelines for evidence documentation Resolving that electronic system reports are functioning Developing additional procedures to assure the proper planning and budgeting of capital expenditures. Sheriff’s Office – Evidence room What was found The evidence inventory inspection indicated overall good tracking and only minor issues. Areas where there were suggestions for improvement included: Evidence was observed that was not supposed to be there. There were some 16 evidence items (.08%) located that were supposed to have been gone. 8% of the inventory was not under the direct custodianship of the evidence room’s staff and the location information was not being updated. These included: o items “not received” by evidence room staff (7%); These represent evidence items where evidence staff could not confirm receiving an item. o items located as hazardous materials (1%); o items located at the shops (de minimus). These include large items, heavy items, vehicles, or other designated items. Evidence information collected could be improved. It was noted that descriptions and identifiers could be improved, including: o weight or measure descriptions for controlled substances, o using a location identified for hazardous materials however only a small portion of that evidence may be hazardous (~3%), and o case tracking for digital evidence held in a media library is not always in agreement with records of evidence maintained in the evidence tracking systems. A review of software controls identified some areas to work on. The most significant one was that reports for the system were not getting updated, including some security role reports, evidenced by old information in the reports. The evidence room software was part of a larger law enforcement records management software purchase ($1.2 million) through the 911 County Service District tax levy. The non-recurring capital expenditure was not included in the initial budgets for FY 2011 or in FY 2012. This purchase was anticipated in the tax levy passed for the 911 CSD. There were no details in the various published budget documents of the nature of these anticipated capital improvements over the two years. Subsequent resolutions were required to provide sufficient appropriations in the revised budgets for FY 2011 and again in FY 2012. Deschutes County Internal Audit Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 1 of 14 1. Introduction 1.1 BACKGROUND ON AUDIT Audit Authority: The Deschutes County Audit Committee authorized the review of the Sheriff Office’s evidence room software implementation in the Internal Audit Program Work Plan for FY 11/13. The Sheriff’s Office is in the process of transitioning to a new evidence room software in early 2012. Certain identified procedures including an evidence inventory observation will be performed. 1.2 OBJECTIVES and SCOPE Objectives: Assess new software implementation for the evidence room. a) Assist department in inventory of evidence on transition. b) Review of selected general and application controls for new software. c) Review completeness of conversion of evidence records. {On hold – conversion of evidence to new software has not taken place as planned and this objective and any associated procedures are deferred until the conversion takes place. A future addendum to this report will address that additional work.} Scope: The focus of the review was on selected aspects of the transition to the new evidence room software. The inventory observations were performed in June 2012 for selected areas. The scope of the audit did not include all aspects of internal controls employed. Highly sensitive items such as cash, firearms and controlled substances were given additional attention. 1.3 METHODOLOGY Audit procedures included:  Observing and interviewing staff on their inventory taking procedures,  Observe and interview staff on the new evidence room systems and selected aspects of general and application level controls. These include areas such as o Security controls o Data controls o Processing controls o Output controls o Audit trails  Reviewing written procedures and documents provided, and  Reviewing and analyzing inventory detail reports. DESCHUTES COUNTY INTERNAL AUDIT REPORT DESCHUTES COUNTY INTERNAL AUDIT REPORT DESCHUTES COUNTY INTERNAL AUDIT REPORT Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 2 of 14 We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain suf ficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. (2011 Revision of Government Auditing Standards, issued by the Comptroller General of the United States.) 2. Background Evidence room staff maintain a property management system that ensures accuracy and completeness of records. The chain of custody for evidence is strictly maintained from receipt to disposal. This is critical for the successful conviction of criminals. Audit procedures included developing an understanding of evidence room procedures, determining whether procedures are being followed, locating evidence, and establishing that evidence is properly safeguarded. Currently, there are two dedicated staff with sole access to the evidence room. Immediate supervision comes from the Detective Captain. A new multi-jurisdictional software system is being developed and implemented. The system will replace the current evidence room software that was developed by the County. As of the date of this report, the old software was still being used for previous evidence items. The prior evidence data is planned to be converted over to the new system any time now. The inventory of evidence included all items for selected locations. The inventory was performed with the assistance of selected Sheriff’s Office staff. T he Detective Captain has already internally reported many of the findings included herein and is already developing and responding to the recommendations. Employees of the Sheriff’s Office take their duties seriously. The high security involved in the Sheriff’s facilities (especially evidence) results in a high level of safeguarding of assets. Management and staff appear diligent in their efforts to develop an environment supporting internal controls. Evidence room staff were open and professional and had a positive attitude towa rds making improvements in the control system. 3. Findings The audit included a review of selected aspects of the newly implemented evidence software system as well as an inventory of evidence room items. Audit findings result from incidents of non-compliance with stated procedures and/or departures from prudent operation. The findings are, by nature, subjective. The audit disclosed certain policies, procedures and practices that could be improved. The audit was neither designed nor intended to be a detailed study of every relevant system, procedure or transaction. Accordingly, the opportunities for improvement presented in the report may not be all-inclusive of areas where improvement may be needed and does not replace efforts needed to design an effective system of internal control. Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 3 of 14 A significant deficiency is defined as an internal control deficiency that could adversely affect the entity’s ability to initiate, record, process, and report financial data consistent with the assertions of manageme nt in the financial statements. The findings noted were not considered significant deficiencies. Evidence inventory observation Evidence inspection indicated overall good tracking and only minor issues. The primary inventory observation went through 92% of the evidence inventory in the system and 100% of the evidence the Sheriff’s Office staff maintains. There were some 23 thousand items of evidence that are cataloged, tracked and protected. There were six (6) items that could not be located a t the time of the inventory and for which staff will look to resolve. That error rate of .02%, given the number of items reviewed, is very low. We also identified evidence items: not properly located (.4%); that were not updated for being released, destroyed or auctioned (.14%); and that were present but marked as destroyed or auctioned (.08%). Though a 100% inventory would be desirable and an expectation set by the Sheriff’s Office, the observed error rate seems low. The observation did not identify any significant nor systemic issues with the systems or procedures in place. Evidence was observed that was not supposed to be there. There were some 16 evidence items (.08%) located that were supposed to have been gone. Nine of these items were identified as controlled substances were marked as having been destroyed. The destruction dates spanned from 2008 through 2011. On discovery, these items were put back into the inventory system and identified for destruction. The prior and current evidence room software encourages staff to utilize a blank location to indicate evidence that is no longer in custody. However, it appears that in certain circumstances the location was not updated and left blank or items marked as gone or moved to destruction that were not. Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 4 of 14 The absence of a location is data quality issue. However, the current evidence software system and the new one prefer to use blanks to limit reporting for evidence that is no longer under custody. In the absence of tight controls over destruction, items may be diverted from control. Items that have marked as gone no longer have any oversight and control over their disposition. Location type fixes constituted the one of the larger errors identified at roughly .4%. Items readied for destruction are randomly tested by separate staff but not to a significant extent. Evidence marked for destruction can include firearms and controlled substances. The department has seen a significant increase in the amount of materials being sent for destruction. They also handle the destruction of found items and items relinquished by the public. Systems were designed to utilize the blank location field to indicate they no longer have the item. This will require greater caution in providing meaningful notes and remarks when items are moved. The new software system has added audit trails that can track modifications to location. It is recommended for staff to establish additional procedures to assure "blank" location entries are not utilized until the movement of those items are confirmed. It is recommended the department consider utilizing/developing an audit trail report available under the new software system to monitor location changes of evidence items to assure proper handling. It is recommended for separate Sheriff’s Office staff perform a more extensive review of items for destruction (i.e. it could be determined that all controlled substances would be audited). Evidence information collected could be improved. It was noted that a number of areas with descriptions and identifiers could be improved. These include: Location type fixes constituted the one of the larger errors identified at roughly .4%. Approximately a third of the evidence descriptions for controlled substances lack specificity as to weight or measure. Evidence staff do not open the evidence but it is not clear what amounts they are taking into custody. Staff have been using the location identifier “NR” for evidence not received by evidence room staff (~7%); There is a location identified for hazardous materials however only a small portion of that evidence may be hazardous (~3%). “Hazardous material” is a technical term. A majority of the items are related to drug seizure evidence and though these materials ha ve issues with odor and safety they Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 5 of 14 are not technically considered hazardous materials. For the items not part of the inspections, there were many items (s ome 19%) that had location notes, which included the terms “auctioned”, “released”, or “destroyed” and were still associated with a location. Case tracking for digital evidence held in a media library is not always in agreement with records of evidence maintained in the evidence tracking systems. Seven percent of the cases could not be matched up and require further research and resolution. Evidence rooms need to be able to control the evidence placed under their care, this requires empirical descriptions of items, accurate locations and sufficient information to understand whether there should be special handling. Professional standards from the International Association of Property and Evidence, Inc. (IAPE) indicate controlled substances should be weighed. Best practices identified around digital evidence indicate that sufficient operating procedures should be developed for their admissibility. In the absence of the sufficient descriptions, which include appropriate weight or quantity measures, it would be unclear how much was collected as evidence and placed under custody of the evidence room. In the absence of proper locations, evidence could be lost. In the absence of special handling instructions, the evidence could be compromised or the safety of personnel jeopardized. The department’s policy does not expressly require measures, but a number of evidence item descriptions included sufficient information on weights. In many of these cases, staff needs to take the time to make sure they are being thorough. It appears the current practice should be to remove the location identifier when the evidence is no longer in custody or being tracked. This streamlines reports that account for items by locations. Officers are responsible for loading the media evidence on the media storage system and they may not be consistent or careful in how they place it in the system. It is recommended the Sheriff’s Office develop procedures to be systematic about how they locate evidence in the evidence system. It is recommended for the Sheriff’s Office to develop and implement consistent practices around evidence locations. It is recommended that staff utilize meaningful descriptions in their system for inventory requir ing special handling. It is recommended for the Sheriff’s Office to establish evidence documentation and preparation procedures that will provide and require meaningful weight, measures and descriptions for controlled substances. Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 6 of 14 It is recommended that evidence that is potentially a hazardous material be specifically identified and located as such for the safety of personnel. The description for non-hazardous material location could also be changed. It is recommended that evidence room staff periodically reconcile the information present in the two systems for managing electronic media. It is recommended for the department to consider additional procedures for electronic media evidence that will help assure more efficient and effective management of the information. Evidence room staff lack control over certain areas. The 8% of inventory not observed were items that did not come under the direct custody of evidence room staff and were identified as Not received by evidence room staff (7%); These represent evidence items where evidence staff could not confirm receiving an item. Located as hazardous materials (1%); Certain substances that could pose a health hazard if retained in the evidence room. It is not clear that there are steps being currently taken to remove items from the inventory listing that have been destroyed. Located at the shops (de minimus). These include large items, heavy items, vehicles, or other designated items. Some of these were items included items like: vehicles, recreational vehicles or controlled substance items. Deschutes County and other regional law enforcement agencies have employees directly assigned to drug enforcement efforts. Evidence is reported in the evidence system for the law enforcement unit in charge of the arrest. This creates a number of potential obstacles in managing the evidence. No one law enforcement agency has the entire list of evidence and the agency housing the evidence does not have a complete listing of the evidence at tits location. As previously stated, the evidence system’s information should be complete for those items entered into it and systems should be developed to assure there are staff responsible for updating and assuring that it accurate. Evidence room staff cannot control or be accountable for items not under their direct control. This could jeopardize active law enforcement investigations and trials. In the absence of specific procedures for handling these items, it is difficult to assure the safeguarding and Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 7 of 14 chain of custody of those items and it would be difficult to ascertain if something was missing. It is not clear that consistent evidence policies have been created over all items. Evidence room staff are not given authority of these items even though they are asked to assign these items tracking numbers as evidence. It is not clear that alternative staff were made responsible for updating this information. Old systems did not provide a way to manage the multi-jurisdictional evidence. The new software system has a more accessible structure for handling these items. It is recommended for evidence room staff to resolve all discrepancies identified during inventory prior to the conversion to the new system. It is recommended that management consider how evidence currently located as “hazardous materials”, “shop” and “not received” should be handled for controlling the chain of custody and providing adequate safekeeping for those items. It is recommended that staff should notify supervisors if evidence information is submitted without the corresponding evidence. The custodian of that evidence should handle the associated evidence sheets. Separate evidence room sheets could be utilized or shared by different custodians. It is recommended for the Sheriff’s Office in coordination with their peers in drug enforcement (C.O.D.E.) develop and implement a combined and uniform approach to handling their evidence. It is recommended C.O.D.E. assign a limited number of staff to perform the role as evidence custodians to limit access, provide better accountability and better manage the evidence system. In order to consolidate C.O.D.E.’s current evidence items, it is recommended they accumulate current evidence information from all of the team members, inventory all evidence, compare and resolve all discrepancies to the inventory. Additional inquiry and resolution should occur with any evidence not properly accounted for. Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 8 of 14 Evidence software implementation Review of software controls identified some areas to work on. A number of selected areas were reviewed for the software. A number of items were noted that were not resolved at the time. The software administrators (with unchecked user rights) have not established a separate login name for themselves that would be more appropriate for their daily work. Reports for the system, including some security role reports, were not being updated with new information and may not be including the appropriate information. This limits their effectiveness and it could not be determined what the current settings were over the entire system. This include d the current user security settings. Evidence room staff could have the ability to delete evidence entries. With custody over items, the evidence room staff should not have direct delete rights to the entries. A supervisor or the software administrator can perform this for those limited circumstances. There is a comprehensive help system built into the software, however, staff have not had time yet to document in writing their particular settings and procedures. The noted areas are potential weaknesses in associated software controls. There are no specific effects at this point, but the impact could undermine efficiencies or effectiveness of systems. The system is still being rolled out and these systems and reports will continue to evolve. It is recommended for software administrators assure the reports in the system (especially the security role reports) be fixed so that appropriate settings can be confirmed. It is recommended for software administrators receive an operational user login for daily usage. Usage of their administrator rights should be limited to when necessary. It is recommended for the department to develop a process to provide oversight over the infrequent need to delete electronic evidence records. It is recommended the software administrator(s) develop a written manual for how they have setup the system and plan for its operation. Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 9 of 14 Budgetary issue Budgeting for non-recurring capital expenditure could be improved. The County's capital budgeting which includes the 911 County Service District (CSD) budget for the countywide records management system was not included in initial budgets for FY 2011 or in FY 2012. This software (which includes that used by evidence) was anticipated to cost $1.2 million dollars and was anticipated in the tax levy passed for the 911 CSD. There were no details in the various published budget documents of the nature of these capital improvements amounting to $1.2 million over the two years. Subsequent resolutions were required to provide sufficient appropriations in the revised budgets for FY 2011 and again in FY 2012. The budget process consists of activities that encompass the development, implementation, and evaluation of a plan for the provision of services and capital assets. Best practices are laid out by the Government Finance Officers Association (GFOA) in their "Recommended Budget Practices: A Framework For lmproved State and Local Government Budgeting". lf the entity has any significant, nonrecurring capital expenditures, the document should describe these items (i.e. indicate the project's purpose and funding sources) and indicate the amount appropriated for the project during the budget year(s). In addition, the document should include the amount appropriated for significant, nonrecurring capital expenditures in the budget year. The criteria are also used for the GFOA’s distinguished budget presentation awards program that the County participates in. GFOA recommends that state and local governments prepare and adopt comprehensive multi -year capital plans to ensure effective management of capital assets. A prudent multi -year capital plan identifies and prioritizes expected needs based on a community's strategic plan, establishes project scope and cost, details estimated amounts of funding from various sources, and projects future operating and maintenance costs. A capital plan should cover a period of at least three years, preferably five or more. Some of the more significant aspects include: describe estimated costs of the project, based on recent and accurate sources of information. describe the schedule for completion of the project, including specific phases of a project, estimated funding requirements for the upcoming year(s), and planned timing for acquisition, design, and construction activities; describe if and to what extent significant nonrecurring capital expenditures will affect the entity's current and future operating budget and the services that the entity provides; describe anticipated operating costs associated with significant nonrecurring capital expenditures Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 10 of 14 described and quantified; identify specific significant financial impacts upon current and future years that are likely to result from significant nonrecurring capital expenditures (other than the cost of the improvements them selves.) The entity may make its own determination of what is "significant." Examples could include whether it o would require an increase in the tax rate, o would result in a reduction in spending elsewhere in the budget , or o would require additional staff. describe and quantify additional anticipated revenues and expenditure reductions; Identify funding sources for all aspects of the project, specifically referencing any financing requirements for the upcoming fiscal year. describe funding authority based either on total estimated project cost, or on estimated project costs for the upcoming fiscal year. Consideration should be given to carry-forward funding for projects previously authorized. In the absence of adequate capital planning for expenditures of this magnitude, there may not be sufficient funds to complete a project or know whether it was properly carried out. The missing budgetary appropriations indicate a lack of a system for adequately accumulating and identifying these capital asset projects and where they are in progress. The 911 CSD was provided ample resources from the tax levy to fund this software acquisition. During this time frame, the 911 CSD was transitioning between executive directors and they were not aware of some of these capital budgeting requirements. However, County management should have had a process to accumulate and report on the anticipated capital assets being acquired and that were identified in actual expenditures, budgetary revisions and other planning documents. It is recommended for the County to implement additional procedures to identify and budget non- recurring capital expenditures. It is recommended for capital projects, the County consider improving the County’s process for capital budgeting to follow the guidance provided by GFOA. Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 11 of 14 4. MANAGEMENT RESPONSE – Deschutes County Sheriff’s Office Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 12 of 14 MANAGEMENT RESPONSE – continued Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 13 of 14 MANAGEMENT RESPONSE – continued Sheriff’s Office - Evidence room report #11/12-10 October 2012 Page 14 of 14 MANAGEMENT RESPONSE – continued {End of Report}