HomeMy WebLinkAboutMINUTES - 08121997 - C100 TO: BOARD OF SUPERVISORS
FROM: WARREN E. RUPF, SHERIFF
DATE: JULY 28, 1997
SUBJECT: ELECTRONIC HOME DETENTION: POLICIES & PROCEDURES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION
Approval of the attached Sheriffs Department Electronic Home Detention Policies&Procedures.
H. FINANCIAL IMPACT
No financial impact related to this request.
M. REASONS FOR RECOMMENDATIONBACKGROUND
Penal Code Section 1203.016(d)(1) specifies that the rules and regulations and administrative policy of the
Electronic Home Detention program shall be written and reviewed on an annual basis by the County Board of
Supervisors and the Correctional Administrator.
In 1989,the Board of Supervisors,by Board Order, established the Electronic Home Detention program pursuant
to the authority granted the Board in Penal Code Section 1203.016. As a condition of participation in the home
detention program, the inmate shall give his or her consent in writing to participate in the program and shall, in
writing, agree to comply with the rules and regulations of the program.
IV. CONSEQUENCE OF NEGATIVE ACTION
If this proposal is not approved,the Sheriff will be unable to continue operating an out-of-custody Electronic Home
Detention program. Inmates who would be otherwise be qualified for an out-of custody program would be required
to spend their sentence in custody at an enormous expense to the county and the citizens of the county.
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CONTINUED ON ATTACHMENT: YES SIGNATURE: eBERt=DE2,�U�NDERSHERIW
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ` q
ACTION OF BOARD ON 4 t I 1 1�I APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ . I HEREBY CERTIFY THAT THIS IS A TRUE
` UNANIMOUS (ABSENT ` v - ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOTES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON/tA.A 1 r�THESHOWN.
SHOW .
CONTACT: Mike Rutledge, 646-1362 ATTESTED 1997
PHIL BATCHOLOR, CLERK OF TIWE BOARD OF
cc: Sheriff SUPERVISORS AND COUNTY ADMINISTRATOR
Superior Court Administration
Municipal Court Administration ..
Public Defender '
District Attorney BY DEPUTY
M382 (10188)
CONTRA COSTA COUNTY Number: 2-3
CUSTODY ALTERNATIVE FACILITY
Effective: 06/24/97
Replaces: 05/01/96
POLICIES AND PROCEDURES
SUBJECT ELECTRONIC HOME DETENTION PROGRAM (EHD)
POLICY Current Jail Management philosophies, coupled with
changes in law and the Sheriff' s Office commitment to
utilize resources to their best potential, necessitates
a strong, progressive Electronic Home Detention
Program. The Sheriff has a longstanding commitment to
maximize alternatives to traditional incarceration
while insuring the public safety. The Sheriff' s Office
Electronic Home Detention program provides for the
public safety, maintains judicial confidence and allows
the offender/participant to be a contributing member of
society while satisfying his/her court sentence through
the Sheriff' s Office or the department' s designated
contractor.
REFERENCE M.S. Title 15 Section 1050.
Penal Code Section 815, 830. 1, 840, 1203. 016, 1208 .2,
1208 . 5.
GENERAL
INFORMATION PROGRAM CONCEPT
The EHD program allows selected individuals having a
County Jail commitment to participate in a home
detention program administered by the Sheriff. The
home detention participant is closely supervised,
utilizing personal supervision and electronic
monitoring equipment.
All participants must be volunteers and are normally
given the opportunity to apply via a court referral . A
sample court referral (Promise to Appear) is attached.
Participants are limited statutorily to those defined
under Section 1203. 016 of the Penal Code. They are
screened to ensure that they meet the program' s
selection criteria. Participants are selected from
applicants that can benefit from a tightly structured
program, allowing them to return to specified community
programs and work. The supervision in the program is
individually structured to provide the participant with
appropriate support to meet the needs of the community
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and the participant. Safety to the community is
paramount. Supervision and the support afforded by the
program are provided to prompt participants toward a
more productive and self-reliant lifestyle. Such a
lifestyle would curb recidivism and afford the
participant with an enhanced sense of self-esteem and
worth. . Within their ability to pay, participants pay
for their own care as well as program administration
and supervision costs.
GENERAL
INFORMATION PROGRAM OVERVIEW
The EHD program is considered a constructive custody
situation. Participants are accountable for all of
their time . The baseline is twenty-four (24) hours
home detention. Initially, program participants may
only leave their residence for work,. school and other
pre-approved necessities of life. Small amounts of
"free" time may be approved at a later time and after
the participant ' s level of program compliance has been
assessed. Free time will not exceed 6 hours per week.
Private EHD
The EHD program has been expanded to include a contract
with an outside source for monitoring individuals,
otherwise acceptable, (as outlined on this policy for
EHD) who reside outside the county.
Eligibility, conditions, rules and requirements
contained in this policy are applicable to participants
on private EHD. Fees will be assessed in accordance
with the contracted price with the private EHD company
after an initial application fee. (Currently $15.00
minimum per day or 1-hour gross salary per day,
whichever is highest. )
Applicants must have at least a 45-day net sentence to
serve.
No Good Time/Work Time credits will be given to private
EHD participants.
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Replaces: 05/01/96
Pre-Sentenced EHD
Developed to allow flexibility in the judicial system
to place unsentenced individuals on electronic
monitoring as a condition of their bail .
Individual will be placed on pre-sentenced EHD as
stipulated by the court order if deemed eligible by the
Sheriff' s Office.
All individuals violating terms, conditions and
requirements of the program will be removed from the
program, will be subject to immediate arrest, and will
be immediately referred back 'to the court for
disposition.
Fees will be assessed in accordance with current
Custody Alternative Facility policy.
No Good Time/Work Time credits will be given to Pre-
Sentenced EHD participants.
GENERAL
INFORMATION ELIGIBILITY CRITERIA
1 . Low risk, minimum security offenders who are
sentenced on all in-county charges, have not been
denied or restricted participation by the court,
and;
2 . Upon application for EHD, applicants who have been
sentenced must have a commitment of at least 45
net days to be eligible.
3. Must be a Contra Costa County resident or live
within a reasonable travel distance from the
county border and have a telephone.-
4 .
elephoner4 . Defendant' s with a conviction for sex crimes
against minors, felony sexual crime, arson,
manufacturer of illegal drugs, acts of violence
against police or emergency personnel , a violent
felony crime, a stalking crime, three or more
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Replaces: 05/01/96
violent crimes, or charges pending (anywhere) that, if
convicted, would make the person ineligible, are not
eligible for an EHD program.
Applicants who cannot cooperate due to personal
histories indicating patterns of mental dysfunction,
habitual social misconduct, addiction, violence,
failure to appear, flight, parole or probation
violations may not be eligible for the program. Past
convictions may be used in denying participation. Past
failures to appear in court and failures on probation
or parole may also be used in denying participation.
The C.A.F. Director may make an exception to
these rules when circumstances clearly warrant such an
action. The Custody Services Bureau Commander will be
advised of any exception.
GENERAL
INFORMATION GOOD TIME/WORK TIME
1 . No Good Time/Work Time credits will be given to
EHD participants.
GENERAL
INFORMATION APPLICATIONS FOR EHD PARTICIPATION
1 . Individuals wishing to apply for EHD must be
sentenced onIL pending criminal charges .
Exceptions may be made for minor traffic matters .
2 . Applications received from individuals who are not
sentenced on all pending criminal charges will be
"Denied/Unsentenced. " The individual may later
request that the file be reopened without
submitting a new application when all charges are
adjudicated.
3 . Individuals already sentenced but with a stay of
execution may make application for participation
in the EHD Program.
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Replaces: 05/01/96
4 . Applications are available at :
* Custody Alternative Facility
900 Thompson Street
Martinez, California 94553
* Main Detention Facility
1000 Ward Street
Martinez, California 94553
* West County Detention Facility
555 Giant Highway
Richmond, California 94806
* Marsh Creek Detention Facility
12000 Marsh Creek Road
Clayton, California 94517
* Applications may also be available at the
Courts, Probation, District Attorney and
Public Defender' s Offices .
5. Applicants should be instructed to secure an
application at one of the above locations.
Completed applications may be turned in at any
location, however, to speed up the processing of
the application, it should be delivered to the
Custody Alternative Facility either in person or
by the U.S. Mail .
Applicants should include the application fee, a
copy of the relevant probation report and/or
police report and a copy of the court sentencing
document (when practical) to ensure the
expeditious processing of their application.
Incomplete and/or unsigned applications will be
returned to the applicant causing a delay in
processing.
6. Fees:
$100 .00 Administration Fee (Application) .
$10 . 00 Per day minimum up to 1 hour gross pay
per day.
**Fees are non-refundable.
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Effective: 06/24/97
Replaces: 05/01/96
PROCEDURE 1 APPLICATIONS RECEIVED AT CUSTODY ALTERNATIVE FACILITY
1 . Applications will be time stamped by a Facility
clerk on the day they are received at the
Facility.
2 . The Facility Director/Manager/Designee will review
the application and:
a. Ascertain eligibility by confirming:
* Applicant is sentenced.
* Applicant has not been convicted of a
crime which makes them ineligible (see
page 3) .
* Applicants have at least a 45 day net
sentence to serve.
* Application is signed by the applicant .
IF NOT, RETURN TO THE APPLICANT FOR
SIGNATURE.
* Applications will be reviewed for
completeness . Incomplete applications
will not be processed/accepted.
* Must include $100. 00 Application Fee.
b. Log it in the Master Application Log.
* Assign an Electronic Home Detention
program number to the application.
* Date the application (when it was
assigned) .
c. ' Assign it to an EHD case manager for
investigation and evaluation.
* Issue a receipt with a set interview
date and time written in.
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3. Out-9f-County Commitments - An out-of-county
commitment must contain the following
information:
* Defendant's name.
* Charges.
* Sentencing judge's name (signature) .
* Sentencing court name and name of originating
county.
* Court seal .
* Sentencing date.
* Sentence.
* Conditions of sentence; eg. , concurrent,
consecutive sentence, credit for time served.
* A statement that the sentence may be served
in the Contra Costa County Custody
Alternative Program.
* Must submit written approval for transfer
from transferring county.
PROCEDURE 2 PROCESSING THE APPLICATION
1 . Upon receipt of a new application, the case
manager will investigate it as follows : .
a. Confirm it has been signed by the applicant .
If unsigned it will be returned to the
applicant for signature before beginning the
investigation.
b. Confirm "applicant has no pending charges,
warrants, judge' s program denial or holds
which would preclude the applicant' s
participation.
C. Request a copy of the Probation and/or arrest
reports from the applicant or their attorney
when practical .
d. Obtain necessary CII/FBI/DMV rap reports .
e. As appropriate, contact the sentencing
judge (s) , Probation Officers, arresting
agency, victim(s) or custody staff for
program recommendations .
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f. Set an interview appointment. Attempt
telephone contact with applicant.
g. Contact the employer and/or school for
verification.
Advise the applicant that this may be
necessary, as stipulated in the application
waiver, and that the employer may be advised
of the convicted offense.
h. Application processing will generally take a
minimum of 21 calendar days to complete.
2 . The interview with the applicant may include the
following:
a. The applicant is to provide, when necessary:
* A current pay stub or other evidence of
wage status.
* A job description in writing.
* A transportation plan in writing.
* A financial budget statement.
b. The budget statement shall be used solely for
the purpose of establishing the propriety of
the applicant' s wage earnings and
capabilities .. Under no circumstances will
this information be used for the purpose of
either approving or denying the applicant.
C. Discuss the circumstances of the offense.
d. Discuss any programs relevant to specific
problem areas that the applicant may be
required to attend while on the EHD program;
i.e. , AA, NA.
Advise the applicant of the necessary
documentation required to verify program
attendance and compliance.
e. Advise and discuss appropriate reporting
instructions.
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Replaces : 05/01/96
f. Discuss any unique problems relative to the
individual applicant.
g. Photograph the applicant.
h. Obtain a urine sample from the applicant in
order to determine recent substance abuse and
to verify the applicant' s veracity to
interview questions . All pre-custody urine
tests will be accompanied by a Substance
Abuse Waiver form.
Discuss the terms and conditions of the EHD
program with the applicant . Explain the basic
operation of the monitoring equipment . The
applicant will be required to sign that he/she
understands the EHD program rules .
PROCEDURE 3 REVIEW OF THE APPLICATION
1 . The case manager will, based upon all information
gathered, make a determination as to the
applicant' s eligibility, suitability and
acceptability.
2 . ELIGIBILITY
This determination is based upon a set of
documented, objective criteria. Criteria is
based on an assessment in general categories which
include, but are not limited to:
a. The sentencing judge has specifically ordered
that the applicant may/may not apply for the
EHD program. The judge may, at a later time,
order a participant be removed from EHD
participation.
b. Administrative policies which may disqualify
the applicant, including those crimes listed
as not acceptable (see page 3) .
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Replaces: 05/01/96
C. There are other pending charges (except minor
traffic) . Any exceptions will be handled on
an individual basis .
d. Out-of-county holds (except minor traffic) .
Any exceptions will be handled on an
individual basis .
e. Safety of the public.
f. Criminal history including failure to appear
and failures on probation or parole.
g. Facts of the committed offense .
h. A verifiable/suitable local residence .
I . Appropriate telephone and electrical
connections in the residence.
j . Any adults residing with the program
participant must agree in writing to accept
the use of the EHD equipment in the
residence.
k. Past program failures or rejections will be
evaluated on an individual basis .
1 . Employment history and a willingness to
comply .with work requirements are key
elements of the EHD program.
M. State prison. commitments are not eligible for
EHD.
n. Gang membership/affiliation or escape risk.
o. Involvement in major drug sales and/or
possession of large quantities of drugs.
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Replaces : 05/01/96
3 . SUITABILITY
Not all eligible applicants are suitable for the
EHD program. Some applicants may show personal
characteristics or are influenced by environmental
pressures which render them incapable of
completing the EHD program satisfactorily.
Others, may not be motivated to expend the
necessary effort required for satisfactory
participation.
a. The completed application package and the
applicant' s responses to the interview both
contribute when deciding an applicant' s
approval or denial .
4 . ACCEPTABILITY
Probable adverse public reaction or a lack of
responsibilities (job, school, family etc. ) may
result in a decision to deny EHD for applicants
who are otherwise eligible and suitable.
As part of the investigation process, an applicant
should provide information, either written or
verbal, which will give the case manager insight
as to the applicant' s stability. Of specific
concern, is their current employment, employment
history, stability within the community, financial
situation, transportation arrangements, medical
history and family responsibilities .
5. The interview process is designed to seek out and
identify areas of vulnerability and weakness which
can then be discussed. Insight may be gained into
the applicant ' s view of him/herself.
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It further provides the applicant the
opportunity to identify those areas in need
of improvement.
The case manager's perception of the applicant' s
ability and will.ingness. to provide an acceptable
degree of compliance to the conditions of the
program will assist in rendering a program
recommendation.
6. The following basic criteria will be used in
evaluating applicants for the EHD program. All
criteria will be evaluated on an individual case-
by-case basis .
a. The applicant must be a willing participant .
b. Should be employed or capable of obtaining
gainful employment within a specified time
period or be a continuing student.
* Unemployment is not, in itself, a reason
for denial .
C. The applicant' s employer may be informed, if
deemed necessary to ensure adequate program
supervision. When practical, discretion will
be used to avoid jeopardizing the applicant' s
employment.
d. The nature of incarceration, as a legal
status, ;requ.ires that the whereabouts of
program participants be reasonably known at
all times.
e. To ensure adequate supervision, the following
types of employment may be deemed unsuitable:
* Employment which requires participants
to change job sites during the work day
with no set route or schedule to follow
makes it impossible to determine the
participant' s location.•
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Replaces: 05/01/96
This will be carefully evaluated as it will
prove more troublesome for some
participants than others .
* Employment where hour's vary widely, from
day to day, or within the same day.
Split shifts may be unacceptable because
of added monitoring requirements .
* Self-employment where there is no
established place of business, office or
base of operation will be carefully
evaluated.
* Commission or piece work; this is
because the applicant would not normally
be responsible to his employer to the
extent necessary to ensure that the
applicant would actually be "working at
all times" . Allowances may be made for
persons with an established and/or
documented history of self-employment OR
having done such work.
* Employment offered by relatives; this
will be carefully evaluated to determine
if reliable and unbiased.
f. Employment is within a reasonable distance of
their residence.
g. The applicant must arrange suitable
transportation. They must be advised that
they are required to have a valid California
Drivers License, Vehicle registration and
insurance if driving themselves . If being
driven by someone else, that driver must meet
the same requirements . An individualized
transportation schedule detailing their plans
may be required for applicant' s utilizing
public transportation.
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h. The applicant must possess sufficient
maturity and a capacity for self-control to
enable him/her to comply with the conditions
of the program.
I . Applicants at the time of application must
have at least a forty-five (45) day net
sentence. The court will require applicant
to report to the Custody Alternative Facility
within three weeks from date of sentencing.
Exceptions will be evaluated on an individual
basis.
j . Discrimination of the basis of sex, race,
creed or national origin is prohibited.
7 . The EHD case manager will detail their
recommendations on the investigation form.
8 . The Facility Director, Sergeant or their designee
will review all denied files and return the file
with their recommendation (s) to the case manager
for further processing.
9. Case managers may not make a determination of
"denied", except as provided by the following:
a. Denied participation by the sentencing judge.
b. The participant has been convicted of a crime
that is not eligible for EHD (see page 3) .
Any such denials are subject to conditions
which may change. The EHD clerk will
subsequently, forward written notification
to the applicant specifying that they are
"Denied Pending" a change in the
circumstances for which they were denied.
Changing circumstances may then cause a re-
evaluation of the application.
* In such cases, the case manager will render -
the disposition then forward the file to the
Facility Sergeant for review. Applications
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Replaces: 05/01/96
may be referred to the Parole Unit, processed
for transfer to a reciprocal agency or to a
.contracted private electronic home detention
firm.
All referrals/denials must be approved through
the Facility Director or Sergeant.
GENERAL
INFORMATION EVALUATION OF THE APPLICATIONS
There are four (4) acceptable decisions when evaluating
an application for EHD participation. They are:
* Approved.
* Approved pending - some future occurrence or
compliance.
* Denied.
* Denied pending - a change in the
circumstances for denial .
PROCEDURE 4 APPROVED APPLICATIONS
When an applicant is deemed to be eligible, suitable
and acceptable for participation in EHD program, the
case manager will ensure that the following procedures
occur:
1 . Schedule the applicant to appear at the Bureau on
the specified commitment day and time for booking
and EHD processing. Approved applicants will be
enrolled on the program as expeditiously as
possible.
2 . If the applicant does not have a specified
commitment date, schedule the earliest possible
date and time.. which is convenient for the booking
and installation process .
3. Complete the booking process per the Jail
Management System procedures.
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Replaces: 05/01/96
4 . Secure signed program forms :
* EHD Agreement.
* EHD Equipment Receipt .
* Budget/Financial Statement .
* Fee Agreement .
* Field Supervision Log.
* Tenant Agreement (to be signed by joint
tenants at the residence) .
* Thumbprint to be placed on Booking Sheet and
EHD form.
* Send to CIS for fingerprints .
5. Complete EHD electrical .hookups per manufacture' s
directions, including:
IN THE OFFICE (Reference Procedure 7)
a. Data Entry of Schedule (by Case Manager) .
b. Anklet installation (confirm functioning
status) .
C. Initialize home receiver.
d. Collect fees equivalent to first and last
week total.
AT THE RESIDENCE (By participant)
e. Test the telephone and electrical connections
if necessary.
f. Connect the receiver as required and test
functioning.
6. Give a copy of the Field Supervision Log to the
Facility bookkeeper to ensure accurate accounting
of all fees due and/or receivable.
7 . The EHD senior clerk will send written
notification of program status to the sentencing-
judge and to the .resident law enforcement agency.
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Replaces: 05/01/96
PROCEDURE 5 DENIED APPLICATIONS
1 . As it relates to a recommendation for denial, the
case manager will consider those special concerns
relative to the public safety and interests of the
community when personal or criminal histories
include any of the following:
a. Arson.
b. Escape from any place of detention.
C. Possession of weapons or drugs in jail .
d. Being a major drug dealer.
e. Addiction to drugs .
f. Committing certain ,sex offenses OR is a 290
PC registrant .
g. Felony driving under the influence.
h. Mental instability.
I . Cases where deviant or strange behavior is
noted.
j . Child abuse
k. Serious nature of any other felony or
misdemeanor or prior record.
In addition, applicants will be denied if:
1 . Additional charges are pending, possibly
excluding minor traffic violations .
M. Any HOLDS exist, possibly excluding any minor
traffic violations .
n. Specifically denied participation by the
sentencing judge.
2 . When an applicant is determined based upon the
investigation and/or recommendation of the case
manager to be ineligible, unsuitable or
unacceptable, the following will occur:
a. The reasons for the denial will be listed
individually by the Facility Director,
Sergeant or their designee.
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Replaces: 05/01/96
The file will be returned to the case manager
for further processing.
3 . The EHD clerk will send a denial letter to the
applicant specifying the reasons for the denial
with a jail turn-in date. The file will then be
submitted to the EHD senior clerk for additional
processing and filing.
a. The sentencing court will be notified of the
denial .
b. Update the EHD log book.
PROCEDURE 6 APPLICATIONS APPROVED PENDING
1 . An application may be "approved pending. . . " a
future occurrence or compliance with certain
criteria on the part of the applicant or on the
part of others involved. Among the reasons an
application may be "approved pending. . . . " are:
a. Pending the employer' s cooperation.
b. Pending receipt of the Probation Officer' s
report.
C. Pending the results of physiological testing.
d. Pending any other necessary consideration
deemed significant by the case manager or
Facility Sergeant.
2 . Subsequent to any "approved pending. . . ", the
following may occur, if appropriate:
a. Approved letter to the applicant (with
stipulation) {cc: to Probation Officer if
appropriate} .
b. Approved letter to sentencing court (with
stipulation) . '
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Replaces: 05/01/96
GENERAL
INFORMATION DENIALS - THE APPEAL PROCESS
1 . When an application has been denied, the applicant
may appeal the decision. The procedure is
outlined in the denial letter. The applicant must
submit his initial request for appeal immediately
upon receipt of the denial letter. The applicant
may appeal by writing a letter or completing an
Inmate Request Form.
2 . Out-of-custody applicants may phone the Facility
to schedule an appointment for an appeal hearing.
3 . In-custody applicants are to request appeals in
writing on standard jail forms .
4 . The applicant ' s first line of appeal is the
Facility Sergeant who may meet with the applicant
if he deems it necessary. Appeals to Facility
Sergeant must be made within 5 days in writing.
6. Appeal Process
If a staff member recommends denial :
a. The Custody Alternative Facility Sergeant or
Director will be contacted for concurrence.
b. If denial is approved, the staff member will
prepare .a denial letter with specific reasons
why the applicant is denied the program.
This letter will include the applicants
appeal rights. A sample denial letter is
attached.
C. The letter may be mailed to the applicant if
the applicant is not present.
d. The letter may be handed to the applicant if
the applicant is present. _
(1) The applicant may be taken into custody
at this time if the Sergeant or Director
deems it necessary.
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(2) The applicant may request an appeal with
the Sergeant at this time.
(3) If the applicant does not request an
appeal at this time, the applicant has
five (5) days to appeal from in-custody.
The appeal is to be in writing.
(4) At the Sergeant ' s or Director' s
discretion, the inmate may be given a
jail turn-in date and allowed to appeal
from out-of-custody. This appeal may be
done in writing by the applicant or in
person prior to the jail turn-in-date.
(5) Modification of sentence shall not be
entertained by court until defendant has
exhausted his administrative remedy
through this appeals process . The court
shall not routinely entertain requests
for modification of these orders .
GENERAL
INFORMATION EHD APPLICATIONS FOR EDUCATION AND OTHER PURPOSES
1 . The EHD process, guidelines and criteria shall
apply to all individuals who wish to make
application for EHD participation.
2 . EDUCATION
a. Case managers will obtain additional
information from the applicant including, but
not limited to:
* Copy of transcripts from the school the
applicant is attending and from schools
previously attended if necessary.
* A computer printout of the current _
class schedule.
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b. Applicants may be required to provide
documentation of consistent attendance
including class grades earned.
C. Applicants are encouraged to maintain some
sort of gainful employment, even part time,
while attending school .
d. When applicants are enrolled at campuses that
maintain and operate their own police agency,
the case manager may advise that agency of
the applicant' s prggram participation.
e . Full-time attendance (12 semester units)
shall be considered the standard.
f. Individual classes shall be evaluated to
ascertain if they are appropriate and
consistent with the efforts of the
participant to enhance or better their level
of education.
3 . OTHER PURPOSES
a. EHD participation may be permitted for other
reasons which can be verified as necessary
and reasonable; i .e. :
* Child care which can not otherwise be
reasonably provided.
* Necessary medical care which cannot be
practically afforded or administered in
the County' s detention facilities.
b. Reasons must be consistent with the program
philosophy regarding a productive and/or
.necessary purpose.
21
Number: 2-3
Effective: 06/24/97
Replaces: 05/01/96
GENERAL
INFORMATION SUPERVISION OF EHD PARTICIPANTS
1 . The case manager' s primary responsibility is the
supervision of program participants .
2 . Case managers have the primary responsibility to
supervise the participants assigned to them. Case
managers will, however, assist each other with the
supervision of all participants as necessary.
3 . Case managers will be available to meet with and
counsel participants as time permits .
4 . Case managers will meet in the office with each
participant at regularly scheduled times,
generally once weekly. Meetings will be utilized
to assess the participant' s program compliance.
The case manager will :
a. Obtain and verify any required documentation
of program compliance.
b. Ensure and verify that listed personal
information is current.
C. Obtain program fees as necessary.
d. Initiate testing for drugs/alcohol .
e. Discuss and address, when practical, any
areas of concern or problems .
5. Field Deputies may be requested to check
participant compliance at locations remote from
the Facility. Deputies will assume all areas and
responsibilities of supervision at any time other
than normal office hours .
22
Number: 2-3
Effective: 06/24/97
Replaces: 05/01/96
PROCEDURE 7 EQUIPMENT INSTALLATION - FINAL ORIENTATION
The case manager will perform the initial installation
of the transmitter and receiver in conformance with the
manufacturer' s equipment instructions .
1 . The case manager will :
a . Confirm that the applicant has provided all
necessary documentation not secured during
the investigation and/or interview.
b. Confirm that circumstances have not changed
since the approval date; i .e. , new job,
different transportation, etc.
C. Make any necessary referrals; i .e. ,
Alcoholics/Narcotics Anonymous, etc.
d. Insure program fees are collected as
appropriate.
e. Review the curfew schedule with the
participant .
f. Ensure that the participant has read the EHD
Agreement and signed it .
g. Explain that in cases of emergency involving
the physical well being of either the
participant or family member, the participant
may attend to that matter immediately. They
must:
* Provide verification when the crisis has
passed and attempt to notify the case
manager by phone as soon as practical . -
23
Number: 2-3
Effective: 06/24/97
Replaces: 05/01/96
GENERAL
INFORMATION CURFEW SCHEDULES
1 . Curfew scheduling is the responsibility of the
case manager. Individual schedules are tailored
to the needs of the participant and maintained in
the main and home program computers . Curfew
parameters are established on the first day of
program participation and may be modified as
necessary. Curfew schedules will be printed out
from the computer and placed in the participant
file when first enrolled and each time a permanent
modification is made to the schedule.
Curfews are designed to ensure that participants
are at their residence whenever not specifically
authorized to be away. Curfew, necessarily, curbs
the participant' s activities to provide assurance
of reasonable program compliance and supervision.
They should be established to provide adequate/
ample travel time and to avoid unnecessary alarms
for curfew violation.
2 . Curfew schedules will be discussed with the
participant to ensure that they have a clear
understanding of what is required of them.
3 . Curfew is not meant to curb any activity by the
participant which is considered constructive and:
a. Is verifiable and/or necessary.
b. Will benefit financially or educationally the
participant, participant' s family or the
community.
4 . Case managers will make a reasonable effort to
accommodate curfew modifications for:
a. Additional counseling attendance.
b. Programs of education which will benefit the
participant .
24
Number: 2-3
Effective: 06/24/97
Replaces: 05/01/96
C. Necessary medical purposes to meet the needs
of the participant or a family member.
d. Overtime, whether required or not, providing:
* When practical, the applicant shall give
the case manager at least 24 hours
advance notice of the date (s) , time (s) ,
location (s) and any other relevant
information pertaining to the overtime
to be worked, or;
* When not practical; i .e. , no advance
notice, partic,ipants must advise the
case manager and obtain approval prior
to working any overtime.
* The employer has specifically requested
the participant work overtime, or;
* The overtime is mandatory and may
jeopardize the participant' s employment
if not performed.
5. Case managers reserve the right to deny curfew
modifications under the following circumstances :
a. Participant has failed to comply with the
case manager' s instructions on prior
modifications .
b. The curfew modification is unreasonable,
unverifiable or does not otherwise meet the
needs of the participant and the program.
6. Permanent curfew modifications will be entered
into the main and home computers as soon as
possible by the case manager. The change will be
recorded in the participant' s supervision log.
7 . Temporary modifications need only be recorded in
the participant ' s supervision log.
25
Number: 2-3
Effective: 06/24/97
Replaces : 05/01/96
8 . Whenever a life threatening situation exists
requiring immediate attention; i .e. , medical
emergency, the participant may attend to the
matter until the crisis has passed. He/she will
then immediately contact and brief the case
manager. If it is after business hours, the
participant will leave a message on the case
manager's voice mail .
The participant will specify the circumstances,
the time he/she will leave or has left, expected
time of return, exact location and phone number
where the participant will be during those times .
9. The participant must be prepared to verify any
absence in accordance with the case manager' s
instructions .
GENERAL
INFORMATION MONITORING
1 . The Electronic Monitoring System will monitor the
participant 24 hours a day. It will report the
following types of activities :
a. Change of status - At home or away from home.
b. Tamper alarm - The equipment has been
tampered with.
C. Violation Alarm - The participant is either
away from home when they shouldn' t be or is
at home when they shouldn' t be.
d. Power Failure Alarm - The monitoring device
in the participant ' s residence is without
power and on battery backup.
e. Telephone Disconnect Alarm - The
participant' s telephone is either
disconnected or out of order.
26
Number: 2-3
Effective: 06/24/97
Replaces: 05/01/96
2 . The equipment has memory storage and power backup
capability. This allows alarms and status changes
to accumulate during those times staff is not
available to immediately respond to them.
3 . Checking the daily reports for violations will be
considered a priority task. Case managers, when
practical, will make an effort to do this on a
daily basis.
The Case Managers will retrieve and review the
morning reports for violations . These reports
will be for review and disposition.
PROCEDURE 8 ELECTRONIC MONITORING VIOLATIONS
1 . The case manager is responsible for the
disposition of all violations . When the nature of
a violation has been ascertained, a telephone or
home contact will be made, when appropriate.
2 . Case managers will promptly advise the Bureau
Sergeant of all major incidents . Major/serious
incidents shall be documented on an Incident
Report form.
3 . Curfew violations extending more than 10 minutes
require the case manager to counsel the
participant, and the serious nature of the
violation will be made clear. At the case
manager' s discretion, a written Incident Report
will be completed.
a. Such violations may constitute grounds for
program removal .
b. A single curfew violation exceeding thirty
(30) minutes may be grounds for program
removal .
C. Any criminal violation will constitute
immediate program removal .
27
Number: 2-3
Effective: 06/24/97
Replaces: 05/01/96
In all such instances, the case manager will utilize
their discretion considering all of the circumstances
and provide appropriate documentation.
4 . An unauthorized tamper report may constitute
grounds for removal from the program. Reports of
tamper or other equipment failure will be handled
as follows :
a. Check the computer to verify if the reported
condition still exists . Telephone contact
will, immediately, be attempted to resolve
the reported problem.
b. Absent, any response, the case manager will
carefully consider and evaluate:
* The necessity for a personal response to
the residence, and;
* The need to obtain police assistance
from the local agency or a Facility
staff Deputy. Case managers will not
respond alone whenever their safety is
in question.
5. When a case manager believes a violation
necessitates the participant ' s return to custody,
he/she will notify the Facility Sergeant. The
Facility Sergeant will make the final decision and
direct the deputy to respond to the location or
obtain assistance from the local law enforcement
agency if an arrest is warranted.
6. Case managers, with the consent of the Sergeant,
may take inmates into custody. Case managers may,
under specific conditions as determined by the
Sergeant, transport an inmate to the M.D. F.
7 . When it's apparent that a participant has
absconded from supervision, all electronic
monitoring equipment shall be removed from the
participant' s residence. The case manager will
document the incident. The Facility Director or
28
Number: 2-3
Effective: 06/24/97
Replaces : 05/01/96
Sergeant will initiate a Sheriff' s Order for
Arrest to return the participant to custody.
The Facility Sergeant will direct a deputy to
write an Escape Report and will forward it for a
criminal complaint.
OTHER VIOLATIONS
8 . Due to the custodial nature of the EHD program,
any type of controlled substance/alcohol use is
prohibited. Any participant who submits a
positive test for use of a controlled substance or
alcohol is subject to removal from the EHD
program.
9. A positive test for drug/alcohol use will result
in an Incident Report and immediate review by the
case manager and will be brought to the attention
of the Facility Sergeant. The results of the test
will be discussed with the participant and will
include the circumstances and extent of use.
Based upon the participant' s history of program
compliance, personal history and overall attitude,
the case manager will make a decision to counsel
or recommend the participant' s program removal .
a. A decision to counsel the participant will
result in a reevaluation of the required
counseling needs, supervision parameters and
frequency of testing to negate future
positive tests .
b. All future drug/alcohol tests will be charged
to the participant at a rate of $14 .00 per
test if the participant remains in the
program.
C. The participant may be returned to physical
custody prior to a Disciplinary Hearing if
deemed necessary.
29
Number: 2-3
i
Effective: 06/24/97
Replaces: 05/01/96
10. Arrest and removal from the EHD program will be
necessary and mandatory whenever a participant is :
a. A danger to him/herself.
b. A danger to any other person.
C. Likely to abscond from EHD supervision.
11 . Case managers should always evaluate any
violations to determine if modified supervision
can be afforded which would otherwise negate
future violations .
PROCEDURE 9 TERMINATION FROM PROGRAM
1 . Other than spontaneous type arrest situations, all
arrests within the EHD program are to be planned
when practical and approved by the Facility
Director, Sergeant or Deputy.
2 . The Facility's sworn staff is authorized to arrest
and return a participant to physical custody by
the authority of the original "Commitment", with
or without an Order for Arrest .
Staff must consider the inmate' s attitude, the
degree of past and present compliance, prior
criminal arrest history and previous field/office
contact experiences. If this action is taken,
consideration shall be given to the safety of all
individuals involved, the time and place and
preplanning, if possible. Assistance by other law
enforcement officers, in those cases where safety
is a question, will be obtained to perform this
function.
3 . When a participant is arrested or otherwise
removed from the EHD program, it is the case
manager' s responsibility to ensure that equipment
is inspected for damage, and the in-home
monitoring device and all associated equipment
shall immediately be removed from the
participant' s residence.
30
Number: 2-3
Effective: 06/24/97
Replaces : 05/01/96
This will normally be done by the sworn field
staff.
4 . Case managers will schedule a date and time for
the inmate to turn in assigned EHD equipment upon
completion of their program. If completion falls
on a weekend or holiday, the next county business
day will be used. This date shall coincide with
their final program date.
a. The case manager will allow the participant
to effect the equipment disconnections and
bring the equipment to the Facility.
PROCEDURE 10 EHD PROGRAM COURT POLICY
GENERAL
INFORMATION Approved applicants are generally set-up on the program
based upon equipment availability and time scheduling
variations of the individual case managers. There are
occasionally delays . Applicants are, nevertheless,
enrolled in the most expedient manner available so as
to maximize the potential of the program.
Technical requirements and procedures to enroll a
participant are time consuming and necessarily create a
narrow window in which the Facility can receive a
participant for enrollment.
The availability to book individuals directly at the
Facility eliminates the reliance on other facilities
for the booking process. This minimally reduces
delays . Major impact is only accomplished through the
cooperative efforts of the Courts and the Facility.
1 . At the time of sentencing, the court will indicate
it' s referral to EHD on the face of the
commitment. A copy of the commitment will be
given' to the defendant and the original, or a
court sealed copy, will be sent to the Custody
Alternative Facility.
2 . The court will cause the defendant to sign a
PROMISE TO APPEAR to commence the application
process within 3 weeks at the Custody Alternative
31
Number: 2-3
Effective: 06/24/97
Replaces: 05/01/96
Facility. It is important that the PTA be signed
and witnessed before the court bailiff or clerk
and before the defendant leaves the courtroom. A
copy of the PTA will be given to the defendant and
the original must accompany the commitment sent to
the Custody Alternative Facility. A third copy is
kept in the court file.
3 . The Custody Alternative Facility upon receipt of
the commitment and application will commence the
investigation to determine if Approved or Denied
for EHD participation.
4 . In the event that the defendant fails to comply
with the signed and witnessed PROMISE TO APPEAR,
the Facility will. issue an Order for Arrest.
There will be no referral back to the court for
disposition.
5. Those applicants who do not qualify for EHD
participation will be given a denial letter with a
"turn in" date to surrender for their sentence at
the CAF. The "turn in" date shall be within one
week of the program denial . The denial letter
will give specific reasons for denial and an
explanation of the appeal process. Inmates may be
taken into immediate custody when deemed necessary
by the Sergeant or Deputy. The Facility will
issue an Order for Arrest (see page 19 for Appeal
process) if they fail to appear for surrender.
Again, the court need not hear the case further.
6. During the process of program eligibility, if an
applicant is arrested and being held by an out-of-
county agency, the applicant will be denied
further consideration for EHD. A letter of denial
will be mailed to the applicant and an Order for
Arrest will be issued. A Hold order will be
placed at the facility the applicant is being
held.
7 . Approved applicants will be given instructions to
appear at the Facility at a designated date and
time for EHD enrollment.
32
Number: 2-3
Effective: 06/24/97
Replaces : 05/01/96
GENERAL
INFORMATION ANNUAL REVIEW
This policy is reviewed annually and updated as
necessary by the Custody Alternative Facility Director.
Approved: f�,Jq &a
Mike Rutledge, Dirfor
Custody Alternativ Facility
Date: '71;- 9
Approved: � � S�.r.�.� CNA
William Shinn, Commander
Custody Services Bureau
Date:
34
Number: 2-3
Effective: 06/24/97
Replaces: 05/01/96
This benefits the Facility and the courts :
a. Participant: will make the transition from
the court directly to EHD supervision without
an unnecessary waiting period.
b. At the Court' s request, they will be notified
if the defendant fails to comply or,
otherwise, violates conditions of the
program.
8 . The Facility staff will make a reasonable effort
to ensure compliance even if the PROMISE TO APPEAR
form is incomplete. The, same procedures will be
followed as if the PROMISE TO APPEAR form were
complete .
a. The defendant' s failure to comply with
subsequent notices will necessitate returning
the commitment to the court for further
disposition.
b. An Order for Arrest cannot be issued without
a completed PROMISE TO APPEAR (signed and
witnessed) .
C. Any commitments sent back to the court for
disposition will be accompanied by
information advising the Court:
* The defendant has failed to comply with
the Facility notice to appear.
* The Facility cannot issue an order for
the defendant' s arrest because the
PROMISE TO APPEAR is incomplete.
* The defendant is unsuitable and denied
for EHD participation.
33
t FRUMV)t 10 AYPEAR
COURT REFERRAL
) WAP - (510)646-+670 Contra Cam Conary,Sherif(
) LHD - (510)646.4932 Cas"-uternative Marra+
) PAROLE - (310)646-4713 900 Thompson St,Mtz,CA 94553
HURT: DK.it(s) :
[AME: DOS: RACE: SEX:
DDRESS: CITY: ZIP CODE:
HONE#: WORK#: DLA: SS 9:
:EIGHT: WEIGHT: HAIR: EYES: STATE OF BIRTH:
ONTACT CUSTODY ALTERNATIVE BUREAU AND SCHEDULE YOUR APPOINTMENT BY:
YOU HAVE BEEN SENTENCED TO JAIL!! THIS IS "NOT" VOLUNTEER
WORK OR COMMUNITY SERVICE.... IF YOU FAIL TO CONTACT OR KEEP
YOUR APPOINTMENT, AN "ORDER FOR YOUR ARREST" WILL BE ISSUED
WITHOUT FURTHER PROGRAM CONSIDERATION.
WORK ALTERNATIVE PROGRAM
ROGRAM FEES INCLUDE A 5100.00 APPLICATION FEE PLUS 510.00 FOR EACH DAY SENTENCED"TOTAL FEE DUE IN FULL AT
UWE OF APPOINTMENT." I will be prepared to pay the program fee in "CASH, MONEY ORDER OR CASHIER'S CHECK."
PERSONAL CHECKS WILL NOT BE ACCEPTED.
Refer to the back of this form for further information.
m giving my promise to contact the Custody Alternative Bureau"WORK ALTERNATIVE PROGRAM",to schedule an interview by the above listed date. If
ad to do so,an "ORDER FOR MY ARREST"wM be issued. I understand that participation in this program is a privilege and not a right and that I will be
ren an appointment for approximately one month from the date I appeared in court I will bring the following documents when I appear for my appointment.
Y COPY OF COURT DOCKET/SENTENCING PAPER MY COPY OF THIS PROMME TO APPEAR AND MY TOTAL FEES IN FULL
FAILURE TO APPEAR AT THE TIME SPECIFIED IS A MISDEMEANOR PER 4024.2 C P.C.
You may be taken into custody or assigned a jail surrender date if your application and/or appeal is denied.
)ELECTRONIC HOME DETENTION/COUNTY PAROLE
r
in giving my promise to apply during the above listed week. If I fail to do so,an "ORDER FOR MY ARREST" will be issued. I understand that participation
this program is a pdv&p and NOT a right I will bring a completed CUSTODY ALTERNATIVE BUREAU APPLICATION,copy of the COURT
)CKET/SENTENCING PAPER,copy of my POLICE REPORT, and a S100.00 application fee(subject to change)in CASH,MONEY ORDER OR
1SHIER'S CHECK. PERSONAL CHECKS WILL NOT BE ACCEPTED. Daily maintenance fees are one hour's wages per day to the minimum of
0.00 per day.
You nmy be taken Into custody or assigned a jail surrender date if your application and/or appeal is denied.
"DO NOT BRING CHILDREN TO YOUR APPOINTMENT"
odetstand that the Sheriff may immediately take me into custody to serve my sentence if I fan to appear at the Custody Alternative Bureau,or am in non-
npUence with this Promise to Appear or at any time during the application process. If I fail to appear and I am apprehended outside the Stax of CW*nia,I
%by waive amadititm.
I HAVE READ,UNDERSTAND AND AGREE TO THE TERMS OF THIS""PROMISE TO APPEAR"".
otdrtt~ Date:
tows Date:
DO NOT CONTACT THE COURT FOR PROGRAM INFORMATION
BYRi4030 WICTE TO CAB YELLOW TO COURT FUZBOOKING P[NK TO DEFENDANT Rarl/97
WORK ALTERNATIVE INFORMATION
.he Work Alternative Program is offered as an alternative to incarceration.
Enstead of serving time in jail; you work 5-10, hours for each day of your sentence.
k---X0 ONE ELSE MAY APPEAR FOR YOUR INTERVIEW. You must personally do this.
r.
.- Program staff will assess your ability and qualifications to participate in
the Work Alternative Program.
-- -If you are approved to participate in the program, you will be
processed and
assigned a work schedule at a designated, places) and time(s) .
KAM
Weekend work sites are limited. Most work sites require weekday scheduling.
Be prepared to rearrange your personal schedule to meet your program
obligations. The work is labor oriented and may involve tasks such as
pulling weeds, picking up trash, etc. Work is available 7 days a week,
usually from lam to Spm. You will be expected to work some weekdays.
IF YOU HAVE 5 OR LESS DAYS TO COMPLETE,YOU ARE' REQUIRED TO WORK 1 DAY PER
WEEK, MONDAY THROUGH FRIDAY ONLY1
IF YOU HAVE 6 OR MORE DAYS TO COMPLETE, YOU ARE REQUIRED TO WORK 3 DAYS PER
WEER WITH ALL 7 DAYS AVAILABLE TO YOU.
IF YOU ARE PHYSICALLY HANDICAPPED OR CANNOT PERFORM MANUAL, UNSKILLED LABOR,
- limited "light duty" job sites are available on occasion. (NOTE: LIGHT DUTY
SITES ARE AVAILABLE MONDAY THROUGH FRIDAY ONLY) . To be eligible for these
Jobs, you must provide a note from your doctor stating your physical
limitation. This note must be presented at the time of your appointment.
ROGRAM FEE:
-iur program fee amount depends upon the length of your sentence. Your fee must
paid at the time of your appointment by CASH, CASHIERS CHECK OR MOM MUM-
3 PERSONAL CHECKS WILL BE ACCEPTED. The fees are as follows: $100.00 application
:a and $10.00 per day for everyday you have been sentenced. (This fee is subject
3 change without notice) . You must appear for the appointment even if you do not
ive all of the required fee.
ELECTRONIC HOME ON PROGRAM INFORMATION
ie Electronic Home Detention Program is an alternative to physical custody.
:ntenced individuals who meet established State and County requirements are
.lowed to serve their sentence at home. They are supervised, at home, by means
an electronic device attached' 'to their person and installed in--their home. Ale
:tivities are strictly monitored to insure program compliance. Productive
:tivity --is essential; i:e: , -employment,--continuing a program of -education; etc.
=PIC INFORMATION REGARDING THIS PROGRAM CAN BE OBTAINED FROM THE CUSTODY
,TBbtNATIVE PROGRAMS INFORMATION BOOKLET which can be obtained from the Custod
ternative Bureau Office.
3:FRM050 REv 5/96
OFFICE OF THE SHERIFF WARREN E. RUPF
CONTRA COSTA COUNTY SHERIFF
Custody Alternative Facility
900 Thompson Street
Martinez, CA 94553
(510) 646-4932
***SAMPLE EHD DENIAL LETTER***
DATE:
FILE#
Dear
DO NOT SUBMIT A NEW APPLICATION
Your application for participation in the Electronic Home Detention Program
has been DENIED for the following reasons :
The facts and circumstances of this case does not allow for any appeal
procedures/rights .
If you wish to appeal this decision, you must do so immediately, and
prior to your turn-in date, by phoning the Custody Alternative
Facility to schedule an appointment with the Sergeant. If your
appeal is denied, you should be prepared to be taken into custody
at that time. If you ate in custody, submit an Inmate Request slip
to the CAF Sergeant. State briefly the basis of your appeal
request.
Since you have been denied participation in the Electronic Home Detention
Program and you are now required to serve your sentence in custody, you will
surrender yourself at 900 Thompson Street, Martinez, CA 94553 on:
MONTH DAY, YEAR TIME
IF YOU FAIL TO SURRENDER AT THE ABOVE DATE AND TIME, A SHERIFF'S NO-BAIL
ORDER FOR YOUR ARREST WILL BE ISSUED WITHOUT FURTHER NOTIFICATION.
You will be provided access to written material used in making the decision
for denial if you request it. .
Very truly yours,
WARREN E. RUPF, SHERIFF
By:
Original to Participant
Copy to File