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HomeMy WebLinkAboutMINUTES - 08121997 - C99 . C 99 TO: BOARD OF SUPERVISORS FROM: WARREN E . RUPF, SHERIFF DATE: JULY 28, 1997 SUBJECT: WORK ALTERNATIVE PROGRAM: POLICIES & PROCEDURES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) S BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION Approval of the attached Sheriff' s Department Work Alternative Program Policies & Procedures . II. FINANCIAL IMPACT No financial impact related to this request. III. REASONS FOR RECOMMENDATION/BACKGROUND Penal Code Section 4024 .2 (E) (4) (c) specifies that the Board of Supervisors may prescribe reasonable rules and regulations under which a work release program is operated. In 1983, the Board of Supervisors, by Board Order (Resolution No. 83/361) , established the Work Alternative Program pursuant to authority granted in Penal Code Section 4024 .2 . As a condition of participation in the Work Alternative 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. CONSEOUENCE OF NEGATIVE ACTION If this proposal is not approved, the Sheriff will be unable to continue operating an out-of-custody Work Alternative Program. Inmates who would be otherwise qualified to participate would be forced to spend their sentence in custody at an enormous expense to the County and the citizens of the County. c� CONTINUED ON ATTACHMENT: YES SIGNATURE: ROB RT�RSON, UNDERSHERIFF RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 199 7 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT_ ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOTES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPEERRjVISO�RS ON THE DATE SHO WN. CONTACT: Mike Rutledge, 646-1362 ATTESTED ��^�W.. 1 01. 19 1 7 PHIL BATCH OR, CLERK OF THE BOARD OF cc: Sheriff SUPERVISORS AND COUNTY ADMINISTRATOR Superior Court Administration Municipal Court Administration Public Defender BY , '4 1 DEPUTY District Attorney M382 (10188) CONTRA COSTA COUNTY Number: 2-1 CUSTODY ALTERNATIVE FACILITY Effective: 06/16/97 Replaces: 05/01/96 POLICIES AND PROCEDURES SUBJECT WORK ALTERNATIVE PROGRAM POLICY The Sheriffs Office has a strong commitment to maintain a responsible, effective Work Alternative Program. The Work Alternative Program is committed to ensuring offenders/participants are able to satisfy their court sentences by working at various community job sites contracting with the Sheriffs Office, while allowing the offender/participant to maintain employment and family responsibility without the necessity of incarceration. REFERENCE C.A.C. 2-5109, 2-5273, 2-5326, 2-5433, 2-5344, 2-5345, 2-5347, 2-5351, 2- 5360, 2-5273, 2-5381 M.S. 1041, 1050 P.C. 815, 8536, 1203, 4004, 4019, 4030, 6263 DEFINITIONS Adjusted Sentence - The actual number of days to be served from a sentence. Inmate - A person confined/committed to the contra Costa County Sheriff for execution of the sentence. Such confinement may be in the form of actual incarceration or in the form of participation in one of the Sheriffs Custody Alternative Programs. Intake - The process of interviewing inmates, orientating them to the rules, regulations and expectations of the program and completing the booking process. Participant-A person committed to the custody of the Contra Costa County Sheriff that has been accepted into one of the Sheriffs Custody Alternative Programs. GENERAL INFORMATION Valid Booking Authority- For Programs 1. Commitment - A commitment must contain the following information: * Defendant's name * Charges * Sentencing judge's name(signature) * Sentencing court name 1 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 * Court seal or filing stamp * Sentencing date * Sentence * Conditions of sentence; e.g., concurrent, consecutive sentence, credit for time served. * Commitment must be an original or a certified copy. Photocopies are not acceptable. FAX copies may be used pending delivery of an original or certified copy. 2. Out-of-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; e.g., 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. GENERAL INFORMATION Inmate Appointment 1. At the time of sentencing, the convicted person is advised: * To contact the Work Alternative Program via the direct line phone at each municipal court or by outside phone for Superior Court. * Set up an appointment. * There will be fees involved. * Those fees must be paid in cash, cashier's check or money order. * If a medical condition exists that may limit work performance, a doctor's diagnosis explaining limitation must be provided. 2 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 GENERAL INFORMATION Program Fees The Work Alternative Program is self-supporting. The fees paid by participating inmates pay for the program's operating expense. These fees are: * $100.00 Administrative Fee (Application). * $ 10.00 Per day of adjusted sentence. * $100.00 Re-scheduling fee. * $ 10.00 For each re-scheduled day. * Fees are non-refundable. The participants are required to pay these fees within their ability to pay. It is expected that most participants will have the ability to pay. However, if a participant states they cannot pay the fees, staff will complete a Fee Waiver form that includes a short budget analysis to determine if fees should be waived or reduced. These fees may only be waived or reduced with the approval of the Custody Alternative Facility Director or Sergeant. GENERAL INFORMATION Work Sites The Work Alternative Program has signed contracts with numerous State,County, City and non-profit organizations to supply non-skilled workers for an 8-10 hour work day. The work sites supply insurance, supervision,transportation from a pickup location(if needed)and a safe working environment. The Work Alternative Program screens inmates for health, attitude, criminal conviction, suitability and schedules the number of participants requested at a given time. The supervisors at the work site are not police officers and are not required or expected to act as one. 3 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 GENERAL INFORMATION Eligibility Defendant's with a conviction for seg crimes against minors,felony sexual crime, arson, acts of violence against: police or emergency personnel, a violent felony crime, a stalking crime, three or more violent crimes, manufacturing of illegal drugs,or charges pending.(anywhere) that if convicted would make the person ineligible, are not eligible for the Work Alternative Program. All other inmates are eligible to apply for Work Alternative Program. .Existence of one or more of the following conditions may be cause for denial: * More than 45 days left to serve on the sentence. * Major medical problem(s)make it impossible to find an acceptable work site. * History of institutional misconduct. * Intoxication at the time of booking interview or under the influence. * Failure to follow rules and regulations of the Work Alternative Program which results in formal disciplinary action. * Violation of law or probation as indicated on commitment. * Application submitted incomplete/refusal to provide required information. * Involvement in major drug sales and/or possession of large quantities of drugs. * Facts of the committed. offense. GENERAL INFORMATION Booking 1. Booking interview will generally be completed in the order of their appointment times. 2. Participants are asked to fill out an application form neatly and completely and to sign the form. 3. The participants are required to wait in the lounge area until the Aide directs them to the intake area. 4. Booking Information- In order to provide for a positive identification of the person being booked, the following information will be obtained at the booking interview: 4 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 * Name and aliases. * Current address or last known address. * Date, duration of confinement and a copy of the court order. * Specific charge(s). * Sex. * Age. * Date of birth. * Place of birth. * Race or ethnic origin. * Present or last place of employment. * Health status, including any current medical or mental health needs, or physical limitations that would affect their ability to work. * Emergency contact (name, relation, address and telephone number). * Driver's license and Social Security numbers. * Additional information concerning special custody requirements, service needs or other identifying information such as birthmark or tattoos. * Signature of inmate. 5. Intake Process-During the Intake process, the following will be completed at the booking interview: * Verification of court commitment papers as legal documentation for detention/participation in the program. * Check the application for completion and signature of participant. * Verification of participant identification. * Collection of any pertinent medical records. * Booking photo. * If the inmate has no fingerprints on file, the inmate will be fingerprinted by the CIS (Central Identification Services). * Orientation to rules and expectations of the program and work site. * Collection of fees and issuing of a receipt. * Completion of Work Schedule Contract/Promise to Appear. * Entry of participant's name and date of birth on working copy of the work site roster on the day(s) agreed to on the contract. * Supply the participant with a map to the work site. * Have the.participant sign and date a Program Rules form. Issue a copy of the program rules and give a verbal reminder to: 5 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 a. Be on time. b. Wear appropriate clothing for the work site (rain or shine). No sandals, shorts tank tops, etc. C. Bring lunch and copy of contract. d. Attitude important. e. 8-10 hour work day per day credit. f. No weapons, drugs or alcohol. g. Do not show up at work site under the influence. 6. The work contract cannot be changed by work site personnel. 7. If the participant misses a scheduled,work day, he/she should complete the remainder of the contract and follow directions on the rules form. 8. A rescheduling fee of$100.00 is assessed in all unexcused absences from the work site, plus a $10.00 fee for each day rescheduled. 9. Rescheduled days will be done at the program's convenience and not the participant's. GENERAL INFORMATION Computing_Adjusted Sentence 1. The clerk will calculate the adjusted sentence and appropriate fees at the time appointment is made. 2. Commitment papers received from courts located in this county are maintained in the bookings and must contain the following information: * Inmate's name. * Docket number. * Charges. * Length of sentence. * Credit for time served, if any. * Date sentence starts. * Concurrent or consecutive. * Signature of court authority - 6 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 3. Prior to computing the release date, review commitment papers carefully to determine: * Date sentence starts. * Length of sentence. * ' Credit for time served. * Concurrent or consecutive: ** Concurrent runs at same time. ** Consecutive starts day after other ends. 4. All sentences are considered to be concurrent unless the commitment states otherwise. 5. All commitments received while an inmate is active in the program will be considered concurrent to the active booking unless the commitment states otherwise. GENERAL INFORMATION Good Time/Work Time 1. No Good Time/Work Time credits will be given to Work Alternative Program inmates. PROCEDURE I Receiving Commitments 1. Commitments received by the Custody Alternative Facility must have the following items verified as being on the commitment: * Inmate's name. * Docket number. * Charges. * Court seal or filing stamp. * Judge's signature. * Sentence, usually listed in days. * Address. 7 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 2. When we receive a commitment with modifications on it or without "Jail Orders", we should: a. Check our files to determine if we have an active file on the subject. This check should include the violation and Order for Arrest files. b. If we do have an active file, pull the file and follow the orders on the new commitment. C. If we do not have an active file, the commitment should be returned to the court with a note that we do not have the file. 3. The courts will, on occasion, modify sentences and send copies of the modifications to the Custody Alternative Facility. This is done so that we may update our records. The proper handling of these modified commitments is essential to ensure WAP participants receive the proper sentence. PROCEDURE 2 Initial Interview/Fingerprinting; 1. Both thumb prints of all WAP participants will be collected at the time of the interview. This includes reschedule interviews if we have not previously obtained it. The thumb prints will be obtained on the participant's original application and a copy of the application. 2. Each WAP participant's Alpha history will be checked prior to the interview. If they have no Alpha histo ray, the following will occur: * At the conclusion of the interview,the participant will be fingerprinted by CIS. * A note that fingerprinting was required will be made on the original application. * Then. CIS will return the duplicate application after the person is fingerprinted. 3. If the participant has a prior Alpha history, the following will occur: * At the time of the interview, the CCIN will be written on the application in the upper left hand corner. 8 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 * At the conclusion of the interview, the white portion of the application will be sent to CIS for verification after taking thumb prints and pitty-pat of both hands. * The Central Identification Services will verify the participant's identity and return the duplicate application to CAB. * If CIS is unable to match the participant's identity, that information will be noted on the returned duplicate application. The Custody Alternative Facility will send the participant a letter directing him or her to report to CIS for fingerprinting. 4. Complete Cases If the participant has been fingerprinted by CIS, the following will occur: * The booking#will be written on the duplicate application and sent to CIS. CIS will update their records and dispose of the duplicate application. 5. Violation Cases If either of the following occurs, the duplicate application will be returned to CIS with a note indicating the reason: * The case is returned to court, and the participant has been fingerprinted by C.A.F. * An Order for Arrest is issued, and the participant has been fingerprinted by C.A.F. CIS will update their records and dispose of the duplicate applications. PROCEDURE 3 Collection of Fees It is expected that the participants will have the required fees with them at the time of their interview-booking. Payment will be in the form of cash, money order or cashier's check. Applicants will be advised that program fees are non-refundable. 9 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 If an applicant fails to bring any or all of the required fees to the interview: 1. Attempt to establish a reasonable date which is agreeable with the applicant when payment will be made. 2. Keep in mind that inability to 1aay is not a violation and may be handled as a waiver approved by the Custody Alternative Facility Director or Sergeant. The budget/waiver form must be completed in.these cases. 3. If a fee schedule cannot be agreed upon, discontinue the interview and set a new appointment date. Direct the applicant to complete a financial statement to be submitted at the time of the next appointment. PROCEDURE 4 Assignment and Scheduling of Work Sites The Sheriffs Aide conducting the interview must assign work sites using the following priorities: 1. Medical/physical ability of applicant. The start for work assignments may be postponed due to temporary illness or injuries. 2. Choose the closest work site to the applicant's residence that has current vacancies. 3. County work sites. 4. Small work sites. 5. Large work sites. The Sheriffs Aide will normally schedule work days in the following manner: * Participants are normally expected to work three (3) days a week. * Participants with five (5) days or less will normally be assigned during weekdays and may be scheduled to work one day a week. * Participants with six(6) days or more will normally be assigned weekends as well as weekdays. * Unemployed participants will normally be assigned during weekdays. 10 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 Exceptions to these rules may be necessary to accommodate participants with special problems;i.e., medical or verification that participant will lose job if required to work weekdays. PROCEDURE 5 Re-Schedules The Sheriffs Aide conducting the interview must assign work sites using the following priorities: 1. Medical/physical ability to applicant. 2. Choose a work site the applicant has the ability to get to. 3. County work sites. 4. Small work sites. 5. Large work sites. The Sheriffs Aide will normally schedule work days in the following manner: * If the participant is being rescheduled for verified valid absences(sick, death in family, etc.), the Aide will follow the same guidelines as the initial interview. * If the participant is being rescheduled for absences that are not valid, the scheduling will be done to accommodate the program not the participant. Exceptions to these rules may be necessary to accommodate participants with special problems;i.e.,medical or verification that participant will lose job if required to work weekdays. PROCEDURE 6 Work Verification 1. Work Site Rosters are dynamic, with names being continually added. Rosters list every participant enrolled for each day of work. Weekly, usually on Wednesday, these rosters are printed and mailed to the applicable work site. Rosters are normally completed several weeks in advance but in no case less than a week. 11 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 2. The work site supervisor verifies attendance of the participants by placing a check on the appropriate box on the daily work site roster. It is the inmate's responsibility to sign the roster next to the check mark to show attendance. Work site supervisor's will write "NO SHOW" in place of a signature when the inmate does not appear for work. At the end of the week, the completed rosters are mailed back to the Work Alternative Program by the work site supervisor. 3. The returned Work Site Rosters are then checked against the participant's Work Schedule Contract. Completed attendance and/or absences are recorded on the contract. Any work site that has riot sent in a roster for two weeks or more will be contacted. 4. Those cases that show all scheduled work days are completed are then pulled as completions. 5. Participants who have unezcused absences will receive "Orders for Arrest Also violators will receive a letter indicating the "Order for Arrest"was issued. PROCEDURE 7 1. Inmates who are unable to perform work assignments due to mental or physical limitations, or because of job or family commitments, may be referred to the Parole Unit upon approval of the Custody Alternative Facility Director or Sergeant. PROCEDURES In-Custody Early Release 1. Inmates with no less than 10 days nor more than 30 days remaining on their sentence may be eligible for early release. 2. The M.D.F. Classification staff will send a list of eligible inmates for early release to the Custody Alternative Facility each Friday and Tuesday. 3. Custody Alternative Facility staff will interview inmates to determine eligibility: a. Each individual must be in good health. 12 Number: 2-1 Effective: 06/16/97 Replaces: 05/01/96 b. Willing to work a minimum of three days a week. C. Most misdemeanor charges are accepted. d. Have necessary fees on books at time of release. 4. Inmates eligible will be transferred to the M.D.F. and warrant checks completed. 5. Those eligible will be released to the Custody Alternative Facility staff member and taken to the Facility. 6. Program guidelines for in-custody releases similar to court-referred defendants. 7. Inmates will be required to fulfill all work commitments. Excused absences will only be allowed for serious illness/injury, death in the immediate family, and/or court appearances. GENERAL INFORMATION Update Policy and Procedures This policy will be reviewed annually and updated as necessary by the Custody Alternative Facility Director. Approved: - 4&4. Mike Rutledge, Direc r Custody Alternative Facility Date: -;AY/9 7 Approved WW - ,,v,-,, William Shinn, Commander Custody Services Bureau Date: 7/01 191 13