HomeMy WebLinkAboutMINUTES - 02131996 - C50AB = �.. Contra
• TO: BOARD OF SUPERVISORS �' / Costa
FROM: WARREN E. RUPF, SHERIFF 'krllr County
DATE: JANUARY 31, 1996
SUBJECT: WORK ALTERNATIVE PROGRAM: POLICIES & PROCEDURES
SPECIFIC RBQUBST(S) OR RECOMMENDATION(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
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.
IV. BACKGROUND
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 .
V. CONSEQUENCE 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.
WER:jw
CONTINUED ON ATTACHMENT: YES S7NATURB:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF HOARD COMMITT68
APPROVE OTHER
SIGNATURB(S):
ACTION OF HOARD ON FEBRUARY 13, 1996 I APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
TT7 I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT 1V ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOTES: AND ENTERED ON THE MINUTES OF THE BOARD
(ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: S`��r�� ` ATTESTED FEBRUARY 13, 1996
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
MI81 • (10,88) BY AJAA, DEPUTY
CONTRA COSTA COUNTY Number 2-1
CUSTODY ALTERNATIVE BUREAU
Effective 01/03/96
Replaces 01/03/95
POLICIES AND PROCEDURES
SUBJECT WORK ALTERNATIVE PROGRAM
POLICY The Sheriff ' s 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 Sheriff ' s 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 Sheriff ' s
Custody Alternative Programs .
In - 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 Sheriff ' s 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
* Court seal or filing stamp
* Sentencing date
* Sentence
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* 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 agency.
GENERAL
INFORMATION Inmiate 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.
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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:
* $75. 00 Administrative Fee (Application) .
* $10. 00 Per day of adjusted sentence.
* $75. 00 Re-scheduling fee.
* $10. 00 For each re-scheduled day.
* Application 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 Bureau Manager 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 .
GENERAL
INFORMATION EligibilitX
All inmates are eligible to participate in the Work
Alternative Program. Existence of one or more of the
following conditions may be cause for denial :
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* More than 45 days left to serve on the sentence .
* Major medical problem(s) make it impossible to find
an acceptable work site .
* The inmate ' s conviction involved sex crimes, arson
or violence .
* _History or conviction of drug sales or addiction.
* More than one conviction of violence .
* 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.
* Commitment is for a felony conviction.
GENERAL
INFORMATION Booking
1 . Booking in 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:
* 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.
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* 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 neatness, 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 Case
Worker.
* 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:
a. Be on time .
b. Wear appropriate clothing for the work
site (rain or - shine) . No sandals,
shorts, tank tops, etc .
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C. Bring lunch and copy of contract .
d. Attitude important .
e. 5-10 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.
S. A rescheduling fee of $75. 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 Sentences
1. The clerk will calculate the adjusted sentence and
appropriate fees at the time appointment is made .
2 . The clerk will calculate the adjusted sentence and
appropriate fees at the time appointment is made .
3 . 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 curt authority.
4 . Prior to computing th6 release date, review
commitment papers carefully to determine :
* Date sentence starts .
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* Length of sentence .
* Credit for time served.
* Concurrent or consecutive :
** Concurrent runs at same time .
** Consecutive starts day after other ends .
5. All sentences are considered to be concurrent
unless the commitment states otherwise .
6. 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
Bureau 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 .
2 . When we receive a commitment with modifications on
it or without "Jail Orders" listed, 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.
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3 . The courts will, on occasion, modify sentences and
send copies of the modifications to the Custody
Alternative Bureau. 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 .
PROCEDURES 2 Initial Interview/Fingerprintins
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. Obtain a set of
pittipat fingerprints .
2 . Each WAP participant ' s Alpha history will be
checked prior to the interview. If they have no
Alpha history, the following will occur:
* At the conclusion of the interview, the
participant will be fingerprinted by the Case
Worker.
* A note- that fingerprinting was required will
be made on the original application.
* Then CIB will return the duplicate application
after the person is fingerprinted.
* The returned duplicate applications will be
filed in the participant ' s file .
3 . If the participant has a prior Alpha history, the
following will occur:
* At the time of the interview, the COIN will be
written on the application in the upper left
hand corner.
* At the conclusion of the interview, the
duplicate application will be sent to CIB for
verification.
* The Central Identification Services will
verify the participant ' s identity and return
the duplicate application to CAB.
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* If CIS is unable to match the participant ' s
identity, that information will be noted on
the returned duplicate application. The
Custody Alternative Bureau will send the
participant a letter directing him or her to
report to CAB for fingerprinting.
4 . Complete Cases
If the participant has been fingerprinted by CIB,
the following will occur:
* The booking # will be written on the duplicate
application and sent to CIB . CIB 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 CIB with a note
indicating the reason:
* The case is returned to court, and the
participant has been fingerprinted by CAB .
* An Order for Arrest is issued, and the
participant has been fingerprinted by CAB .
CIB 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.
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 pay is not a
violation and may be handled as a waiver approved
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by the Bureau Lieutenant or Sergeant . The b
waiver form must be completed in these cases
3 . Discontinue the interview and set a new appoi
date . Direct the applicant to complete a fin
statement to be submitted at the time of th,
appointment .
PROCEDURE 4 Assignment and Scheduling of Work Sites
The Sheriff ' s Aide conducting the interview must
work sites using the following priorities :
1. Medical/physical ability of applicant . The
for work assignments may be postponed d
temporary illness or injuries .
2 . Choose the closest work site to the appli
residence that has current vacancies .
3 . County work sites .
4 . Small work sites .
5 . Large work sites .
The Sheriff ' s Aide will normally ,schedule work c
the following manner:
* Participants are normally expected to wor}
(3) days a week.
* Participants with five (5) days or les
normally be assigned during weekdays.
* Participants with six (6) days or mor
normally be assigned weekends as well as we
* Unemployed participants will normally be a
during weekdays.
Exceptions to these rules may be necessary to acc(
participants with special problems; i .e . , med
verification that participant will lose job if
to work weekday.
PROCEDURE 5 Re-Schedules
The Sheriff ' s Aide conducting the interview mus
work sites using the following priorities :
1. Medical/physical ability of applicant .
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2 . Choose a work site the applicant has the ability to
get to.
3 . County work sites .
4 . Small work sites .
5. Large work sits .
The Sheriff ' s Aide will normally schedule work days in
the following manner:
* If the participant is being reschedule 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 prepared at the time of the
interview/booking. These rosters list the
participants enrolled for each day of work. Work
rosters are usually completed several weeks in
advance, but in no case less than a week.
The completed Work Site Rosters are pulled at the ,
end of each week and sent to the work site .
2 . The work site supervisor verifies attendance of the
participants by placing a check in the appropriate
box on the daily Work Site Roster. 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 participants ' Work Schedule Contract .
Completed attendance and/or absences are recorded
on the contract .
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Any work site that has not 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 . Those cases that show one or more incomplete days
will receive a violation letter as outlined in the
Violation Handling Policy, Section 3 . 5 .
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 Bureau
Commander or Sergeant .
2 . Process to be completed by the Parole Unit staff .
PROCEDURE 8 In-Custody Early Release
1. Inmates with no more than 1Q days nor less 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 Bureau each Friday and Tuesday.
3 . C.A.B. staff will interview inmates to determine
eligibility.
a. . Each individual must be in good health=.
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 Bureau staff., member and taken to the
Bureau.
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6. Program guidelines for in-custody releases are
similar to court-referred defendants .
7 . The inmate is placed in the 11X11 status .
a. Violations would cause inmate to be returned
to custody.
GENERAL INFORMATION Updating Policy and Procedures
This policy will be reviewed annually and updated as
necessary by the Bureau Manager.
APP ro d.
ry®r�� n, ieutenant
storn tive Bureau Commander
Date L—IL O v
Approved:
William Shinn, Captain
Det . Div. Assist . Div. Commander
Date:
13
Contra
I, TD: BOARD OF SUPERVISORS
Costa
'
FROM!, WARREN E. RUFF, SHERIFF ;,� � '�• County
DATE: JANUARY 31, 1996
SUBJECT: ELECTRONIC HOME DETENTION: POLICIES & PROCEDURES
SPECIFIC RSQUBST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION
Approval of the attached Sheriff ' s Department Electronic Home Detention
Policies & Procedures .
II. FINANCIAL IMPACT
No financial impact related to this request .
III. REASONS FOR RECOMMENDATION -
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.
IV. BACRGKOUND
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.
V. CONSEOUENCES 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 otherwise be qualified for an out-of-county program would be required
to spend their sentence in custody at an enormous expense to the County and
the citizens of the County.
WER:j w
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): V
ACTION OF BOARD ON FEBRUARY 13, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
TAT I HEREBY CERTIFY THAT THIS IS A TRUE
X_ UNANIMOUS (ABSENT 1V ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOTES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ,S .r+ � ATTESTED FEBRUARY 13 1996
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10'88) BY , A DBPUTY
CONTRA COSTA COUN'T'Y Number 2-3
CUSTODY ALTERNATIVE BUREAU
Effective 01/03/96
Replaces 01/03/95
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 . 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 and the participant . Safety
to the community is paramount . Supervision and the
support afforded by the program are provided to prompt
participants towards 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. Withintheir ability to pay,
participants pay for their own care as well as program
administration and supervision costs .
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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.
Generally, participants are on EHD for no less than 30
days .
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
days to be eligible and have at least 30 days prior
to their "turn-in" date, and;
3 . Must be a Contra Costa County resident OR live
within a reasonable travel distance from the County
border and have a telephone .
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. ALL EXCEPTIONS TO CRITERIA MAY
BE MADE ON AN INDIVIDUAL BASIS .
GENERAL
INFORMATION APPLICATIONS FOR EHD PARTICIPATION
1 . Individuals wishing to apply for EHD must be
sentenced on ALL 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
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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.
4 . Applications are available at :
* Custody Alternative Bureau
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 Bureau 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 izl processing.
6. Fees:
$75. 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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PROCEDURE 1 APPLICATIONS RECEIVED AT CUSTODY ALTERNATIVE BUREAU
1 . Applications will be time stamped by a Bureau clerk
on the day they are received at the Bureau.
2 . The Bureau Manager/Designee will review the
application and:
a. Ascertain eligibility by confirming:
* Applicant is sentenced.
* Applicants have at least a 45-day
sentence.
* 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 $75. 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.
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.
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b. Confirm applicant has no pending charges,
warrants, judges program denial or holds
which would preclude the applicants
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, victims) or custody staff for program
recommendations .
f . Set an interview appointment . Attempt
telephone contact with applicant .
g. If .deemed necessary, make a physical check of
the job site and/or contact the employer.
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 .
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Number 2-3
Effective 01/03/96
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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 .
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 participate in
the EHD program. The judge may, at a later
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Number 2-3
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time, order a participant be removed from EHD
participation.
b. Administrative policies which may disqualify
the applicant .
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.
g. Nature of the committed offense .
h. A verifiable/suitable lgcal residence .
i . Appropriate telephone and electrical
connections in the residence.
j . Any adults living with the must participant
also 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, escape risk and
any history of possession for sale of a
significant amount of drugs will be carefully
scrutinized.
3 . ,SUITABILITY
Not all eligible applicants are suitable for the
EHD program. Some applicants may show personal
7
Number 2-3
Effective 01/03/96
Replaces 01/03/95
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 . 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 willingness 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 .
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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, requires 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. This will be
carefully evaluated as it will prove more
troublesome for some participants than
others .
* Employment where hours 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
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Number 2-3
Effective 01/03/96
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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. . .
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 commitment
and it should be at least 30 days prior to
their "turn in" date . 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 Bureau Commander, Sergeant or their designee
will review all denied files and return the file
with their recommendations) 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,
or;
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Number 2-3
Effective 01/03/96
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b . The participant is an out-of-county resident
or has an insufficient amount of time to serve
on the program.
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
reevaluation of the application.
* In such cases, the case manager will render
the disposition then forward the file to the
Bureau Sergeant for review. Applications 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 Bureau Commander 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
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Number 2-3
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date and time which is convenient for the booking
and installation process .
3 . Complete the booking process per the Jail
Management System procedures .
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)
* Complete 10-print fingerprint card.
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
Bureau 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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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 . Selling drugs to a minor.
d. Being a major drug dealer OR is an 11590 H&S
registrant .
e . Addiction to drugs .
f . Committing certain sex offenses OR is a 290 PC
registrant .
g. Continuing patterns of serious criminal
offenses .
h. Mental instability.
i . Cases where deviant or strange behavior is
noted.
j . A series of violent acts .
k. Serious nature of any other felony or
misdemeanor.
In addition, applicants may 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 Bureau Commander, Sergeant
or their designee. 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.
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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
Bureau 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) .
C . At the case manager' s discretion, the - .
"approved pending" file will be maintained in
an active status until the applicant is either
placed on the program or has less than 30 days
left to serve.
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
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Number 2-3
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appeal by writing a letter or completing an Inmate
Request Form.
2 . Out-of-custody applicants may phone the Bureau 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 Bureau
Sergeant who may meet with the applicant if he
deems it necessary.
5 . Appeals to Bureau Commander must be made within 5
days in writing.
6 . If the applicant is still unable to obtain
satisfaction, he/she may initiate the Grievance
Procedure . The appeal will first go to the
Detention Division Commander and ultimately to the
Sheriff .
a. The Board of Parole Commissioners will hear
the appeals for the Sheriff .
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 .
b. Applicants may be "required to provide
documentation of. consistent attendance
including class grades earned.
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Number 2-3
Effective 01/03/96
Replaces 01/03/95
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 program 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 in the County' s
detention facilities .
b. Reasons must be consistent with the program
philosophy regarding a productive and/or
necessary purpose .
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
16
Number 2-3
Effective 91/03/96
Replaces 01/03/95
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
Bureau. Deputies will assume all areas and
responsibilities of supervision at any time other
than normal office hours .
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 .
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Number 2-3
Effective 01/03/96
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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 .
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.
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Number 2-3
Effective 12/01/95
Replaces 01/03/95
4 . Case managers will make a reasonable effort to
accommodate curfew modifications for:
a. Additional counseling attendance .
b. Programs of education which will benef it the
participant .
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, participants will advise the case
manager as soon as they have knowledge of
the 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 or the senior clerk. The change
will be recorded in the participant ' s supervision
log.
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Number 2-3
Effective 01/03/96
Replaces 01/05/95
7 . Temporary modifications need only be recorded in
the participant ' s supervision log.
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 Bureau phone recorder. 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.
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.
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Number 2-3
Effective 01/03/96
Replaces _ 01/03/95
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. A maximum of three 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 .
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
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Number 2-3
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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 Bureau 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 Bureau Sergeant . The Bureau
Sergeant will make the final decision and direct
the deputy to respond to the location or obtain
assistance from .the local lav 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 Bureau Commander or Sergeant will
initiate a Sheriff ' s Order for Arrest to return the '
participant to custody. The Bureau 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.
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Number 2-3
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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
Bureau 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 . Consideration will also be given to
punitive sanctions; i .e . , loss of Good Time
for the violation.
b. All future drug/alcohol tests will be charged
to the participant at a rate of $10. 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.
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 Bureau
Commander, Sergeant or Deputy.
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Y Number 2-3
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Replaces _ 01/03/95
2 . The Bureau' 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 . This will normally be done by the sworn
field staff .
4 . Case managers will schedule a date and time to
remove equipment from the residence of persons who
have satisfactorily completed the program. 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 Bureau.
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 Bureau can receive a
participant for enrollment .
24
' Number 2-3
Effective 01/03/96
Replaces 01/03/95
The availability to book individuals directly at the
Bureau 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 Bureau.
1 . At the time of sentencing, the court will indicate
it ' s referral to EHD on the face of the commitment .
No "turn in" date will be specified by the Court .
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 Bureau.
2 . The court will cause the . defendant to sign a
PROMISE TO APPEAR to commence the application
process within 2 weeks at the Custody Alternative
Bureau. 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 Bureau . A third copy is kept
in the court file .
3 . The Custody Alternative Bureau 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 Bureau 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' "turn in" date to
surrender for their sentence at the detention
facility. The "turn in" date shall be within one
week of the program denial . Inmates may be taken
into immediate custody when deemed necessary by the
Sergeant or Deputy. The Bureau will issue an Order
for Arrest if they fail tor. appear for surrender.
Again, the court need not hear the case further.
6 . Approved applicants will be given instructions to
appear at the Bureau at a designated date and time
25
Number 2-3
Effective 01/03/96
Replaces 01/03/95
for EHD enrollment . This benefits the Bureau and
the courts :
a. Participants 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.
7 . The Bureau 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 Bureau notice to appear.
* The Bureau 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.
26
CW
Number 2-3
Effective 01/03/96
Replaces 01/03/95
GENERAL 1
INFORMATION ANNUAL REVIEW
This policy is reviewed annually and updated as necessary
by the Custody Alternative Bureau Commander
Appro ed:
Lrrry C ton, ieu enant
urea ommand
Date .
Approved:
William. Shinn, Captain
Det . Div. Assist . Div. Commander
Date : ,c23 ��