JM 9-14.005
The USAO shall respond to the SAC’s thirty-day notice of intent to commence the seized evidence disposal process in one of the following ways:
1) Before the expiration of the thirty-day period, the USAO may electronically transmit a written response to the SAC concurring with the decision to commence the seized evidence disposal process. USAOs are encouraged to provide SACs with such responses as soon as possible in all cases for which there is no basis for an exception described in 9-14.003; or
2) The USAO may allow the thirty-day period to expire without sending a written response to the SAC, which shall be deemed assent to the SAC’s decision to commence the seized evidence disposal process; or
3) The USAO may, before the expiration of the thirty-day period, determine that an exception described in 9-14.003 applies. In that case, the USAO shall electronically transmit a written response to the SAC requesting retention that:
a) cites any applicable exception; and
b) explains why the exception(s) apply(ies); and
c) explains how continued retention of the evidence will serve the purpose(s) described in the cited exception(s).
Summary assertions that one or more exceptions apply are insufficient.
[added December 2020]