HomeMy WebLinkAboutMINUTES - 12032002 - C125 TO: BOARD OF SUPERVISORS Contra
FROM: Warren E. Rupf, Sheriff-Coroner
Costa
County
DATE: October 23, 2002 +`
SUBJECT: Policies and Proceduretfgr the Office of the Sheriffs Work Alternative Program
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
ADOPT Policies and Procedures of the Office of the Sheriffs Work Alternative.Program.
11. FINANCIAL IMPACT:
NONE.
Ill. BACKGROUND/REASON(S) FOR RECOMMENDATIONS)
Penal Code Section 4024.2(c) specifies that the Board of Supervisor's may prescribe
reasonable rules and regulations under which a work release program is operated. In 1983,
the Board of Supervisors established the Work Alternative Program. As a condition of
participation in the Work Alternative Program, the inmate shall give his or her consent in
writing to comply with the rules and regulations of the program. Changes to the policies and
procedures must be approved by the Board.
The Custody Alternative Facility Policy and Procedures Manual was revised in October of
2002. The only major policy change reduced the maximum number of days a subject can be
on the program from forty-five (45) days to thirty (30) days.
There are no changes to the program fees.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Without the program, the inmates would have to service their sentence in custody,
dramatically increasing the cost to the County.
CONTINUED ON ATTACHMENT: Yes SIGNATURE:
: . APPROVE ®OTHER
rj -/
SIGNATURE (S): J
ACTION OF BOARD/ I APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT X —_ } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact Person: Gloria Sutter 335-1526 � 1 �z
CC: Sheriff-Coroner ATTESTED:
CAO,Justice System Administration JOHN WEETEN,CLERK OF THE BOARD OF
SUPE SORS U MINISTRATOR
BY: DEPUTY
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
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1-1 TABLE OF ORGANIZATION
Effective 10/28/02; Replaces 04/01/99
POLICY. The establishment of a Custody Alternative Facility (CAF) chain of command accompanied by a
delineation of duties promotes operational efficiency.
REFERENCE
Custody Services Bureau Policy 1-3 D. Reviews various Custody Alternative Facility
Table of Organization reports to verify their accuracy and propriety.
This includes the first line appeal and
GENERAL INFORMATION disciplinary hearing process of program
BUREAU ORGANIZATION - GHAIN OF applicants.
COMMAND E. Liaisons with the courts, district attorney,
1. Sheriff - Administrator of the Office of the public defender and other outside agencies.
Sheriff who is charged by law with the F. Performs staff evaluations and initiates
administration of local detention facilities in the disciplinary pproceedings,when appropriate.
County. 7. Deputy Sheriff/Field Officer - A sworn position
2. Undersheriff - The executive assistant to the under the direction of the Facility Sergeant,
Sheriff. Responsible for the supervision of program
3. Custody Services Bureau Commander-Under participants outside of the custodial environment.
the direction of the Sheriff, he/she is A. Conducts random and unannounced visits at
administratively responsible for the Custody a residence, work site or other designated
Services Bureau. location to verify and confirm program
4. Detention Division Commander - Under the compliance.
direction of the Custody Services Bureau B. Maintains supervision logs to record contacts,
Commander, he/she is responsible for the minor violations, program modifications,
overall operation, fiscal control and testing and other noteworthy information.
management of the Detention Division. C. Documents major violations and, when
5.
Facility Lieutenant - Under the direction of the appropriate, effects the arrest and return to
Detention Division Commander, he/she is custody of program participants.
responsible for the overall operation of the D. Coordinates with case managers to ensure
Custody Alternative Facility and responsible o safe and efficient supervision/monitoring of
for the total operation of three separate out-of- participants.
custody programs; namely Work Alternative 8. Facility Specialist/Case Manager - Under the
Program, Electronic Home Detention and direction of the Facility Sergeant, a Specialist
County Parole. performs duties in all areas relating to the
A. The Custody Alternative Facility screening, interviewing, booking, supervising and
Lieutenant is the Secretary to the County counseling of pro ram participants.
Parole Board. A. Provides oce supervision of participants to
B. The Custody Alternative Facility Lieutenant include: office visits, telephone checks,
is responsible for initiating and executing counseling, therapy compliance verification,
all Orders for Arrest. employment verification collection of urine
6. Facility Sergeant-A sworn supervisor charged samples for drug/alcohof testing, etc.
with the daily supervision of Custody B. Maintains concise records and
Alternative Facility's sworn and general staff. documentation of participants. Initiates
The Sergeant is under the direction of the violation and revocation reports as required.
Custody Alternative Facility Lieutenant and C. Assistsparticipants, to the extent that it is
functions in that capacity in the Lieutenant's reasonable and/or desirable, in meeting
absence. program requirements to allow successful
A. Monitors, supervises and directs Custody completion.
Alternative Facility staff to ensure D. May refire appearances before the County
compliance with Facility, Bureau and Parole Board or the courts to testify as to the
Departmental policies. status of designated participants.
B. Otimize resources for maximum E. A Sheriffs Specialist does not have Peace
eciency and effectiveness. Officer powers and he/she is not empowered
C. Investigate problematic occurrences to to issue or serve any type of warrant nor are
achieve satisfactory resolution. they authorized to arrest persons for the
commission of criminal offenses.
9. Sheriffs Aide - Under the direction of the Facility
Serggeant, an Aide performs duties in all areas
relating to the screening, interviewing, booking
and counseling of Work Alternative Program
participants.
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CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
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A. Schedules participants at designated the Facility Sergeant/Lieutenant.
work sites, verifies program attendance, E. Reimburses the petty cash fund when
maintains records and files and required.
coordinates program functions with new F. Maintains staff timekeeping records.
or existing work sites.
B. A Sheriffs Aide does not. have Peace
Officer powers and he/she is not
empowered to issue or serve any type of
warrant nor are they authorized to arrest
persons for the commission of criminal
offenses.
10. Clerical Support Staff-The Lead Clerk works
under the direction of the Facility Sergeant
and the Senior Clerks work under the
direction of the Lead Clerk. Clerical staff
supports all CustodyAlternative Facility
activities and their duies are necessary for
the orderly and efficient operation of the
Custody Alternative Facility.
A. Collects and deposits all Custody
Alternative Facility revenues received
directly from participants or through the
mail. Generates JMS receipts.
B. Enters all application/participant data and
court commitments into JMS. Reviews all
commitments for accuracy and eligibilitjr.
Maintains associated program recordds
and files including out-of-custody
transfers.
C. Generates and maintains records and
files pertaining to Orders for Arrest.
D. Answers all telephone calls, makes
contact with all visitors and schedules
Work Alternative Program applicants for
office interviews.
E. Establishes and maintains active booking
files. Enters appropriate data into JMS.
F. Orders and maintains adequate operating
supplies. Assists in the shipping of and
receiving of program equipment.
G. Lead Clerk maintains the petty cash fund.
11. Account Clerk - Under the direction of the
Director of Support Services, he/she is
responsible for the daily maintenance of
Custody Alternative Facility's
financial/accounting functions.
A. Initiates dairy reconciliation of Custody
Alternative Facility revenues.
B. Generates and maintains statistical
records and reports.
C. Maintains accounting ledgers in
accordance with established
accounting procedures for the
maintenance of separate Custody
Alternative Facility programs.
D. Verifies the accuracy and
appropriateness of fees levied upon
program participants. Reviews all fee
waivers and reductions approved by
the Custody Alternative Facility
Lieutenant/Sergeant. Generates a
daily fee revision report. Handles
program fee refunds as approved by
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CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
X
1-2 SECURITY OF FUNDS
Effective 101/28/02; Replaces 04/01/99
POLICY. All monies collected are to be secured at all times and accounted for daily.
7�uthofizafion Form as the uperson receiving he
PROCEDURE 1 money."
VERIFICATION OF FUNDS 3. After Custody Alternative Facility fees are
e eaClerk/designee(s) willdeducted from the applicable inmate account,
beginning of each day verify the previat the ous day's the Release Clerk will release any remaining
transactions, produce the cash receipt ledger funds in the normal manner.
report(s) via JMS, remove the cash drawer
from the safe and balance monies against the PROCEDURE 3
cash receipt ledger report(s). NEW APPLICATION FEES
A. Discrepancies will be documented and i. Senior Ciers who receive new application
routed to the Facility Lieutenant via the fees will assi n a case manager plus generate
Account Clerk for appropriate action. a receipt via MS. The accounting receipt and
B. A deposit slip{s) will be prepared and the fee will then be deposited into the drop box.
monies bundle /placed into a transfer bag
for Loomis pick-up daily. PROCEDURE 4
2. Senior Clerks will receive payments for PETTY CASH
program fees. Monies collected for the 1. The 155 Clerk has custody of the petty cash
program fee will be in the exact amount. fund.
A. Personal checks will not be accepted. A. A $50.00 petty cash fund is secured in a
3. All monies collected will be entered into JMS lock box located in the safe and is to be
and a receipt will be generated. utilized for emer encsu I purchases
A. Distribution of JMS receipts will be as only. The petty ccashyfuisruliTI balance at
follows: white copy - participant, yellow all times by cash and/or receipts. The
copy - accounting file(s) and pink copy - Account Clerk will produce a
case manager file. reimbursement demand upon request of
B. Money will be stapled to the receipt and the Lead Clerk.
placed in the drop box.
PROCEDURE 5
ACCESS TO SAFE
PROCEDURE 2 1. Leaa ClerR, esignated Senior Clerk(s) or
EHD/COUNTY PAROLE REVENUES Facility Sergeant have the ability to open the
1. Prior to their scheduled ce visit(s), safe.
participants will pay their program fees and will
be issued a duplicate receipt. One (1)copy will
be given to their case manager.
WORK ALTERNATIVE. REVENUES
T At the conclusion oT a participant's interview,
the case worker will escort the individual to the
lobby. The Senior Clerk will conduct the fee
transaction usingg the work schedule contract.
A. The work schedule contract and receipt will
be given to the participant upon
acceptance of fees.
EARLY RELEASE REVENUES
When fees are ue rom an inmate account,
the releasing facility will obtain a completed
Inmate Cash Authorization form for a total
amount of Custody Alternative Facility fees.
The release clerk will issue a check for the fee
amount made payable to "Custody Alternative
Facility-Fees" andgive the check to the
Custody Alternative Facility staff escorting the
inmate.
2. Custody Alternative Facility staff receiving the
"fee check" will sign and date the. Cash
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CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
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2-1 WORK ALTERNATIVE PROGRAM
Effective 10/28/02; Replaces 04/01199
POLICY. The Office of the Sheriff is dedicated to maintaining a responsible, effective Work Alternative
Program. This Program is designed to ensure offenders/participants satisfy their court sentences
without incarceration through work assignments at various community sites contracted with the
Office of the Sheriffs thus allowing the continuation of their regular employment and family
responsibility.
appearing in person a e us ody
REFERENCES Alternative Facility (CAF).
C.A.C. 2-5109, 2-5273, 2-5326, 2-5433, There will be fees involved which must be
2-5344, 2-5345, 2-5347, 2-5351, paid in cash, cashier's check or money order.
2-5360, 2-5273, 2-5381
M.S. 1041, 1050 GENERAL INFORMATION
P.C. 815, 8536, 1203, 4004, 4019, 4024.2 PROGRAM FEES
4030 Fees paid by participants help offset program
operating expenses.
These non-refundable fees are:
GENERAL INFORMATION 100.00 Appplication fee
VALID BOOKING AUTHORITY 10.00 Maintenance daily fee (for
Commitment-A commitment must contain the adjusted sentence)
following information: 1100.00 Rescheduling fee(if applicable
* Defendant's name. 10.00 For each re-scheduled day (i�
• Charges. applicable)
* Sentencing judge's name (signature). '" $ 20.00 Recalled Order for Arrest
" Sentencing court name. Administrative Fee (if
" Court seal or filing stamp. applicable))
* Sentencing date. $ 5.00 D u p l i c a f e Copy of Work
* Sentence. Contract (if applicable)
'' Conditions of sentence, i.e., concurrent, Participants are required to pay program fees within
consecutive sentence, credit for time their ability to pay. While most participants will
served. have the ability to pay, those who state they cannot
• Commitment must be an original or a are required to complete a Fee Waiver form
certified copy. Photocopies are not containing short budget analysis to determine if
acce table. FAX copies may be used fees should be waived or reduced.
pending delivery of an original or certified Program fees may only be waived or reduced by
copy. the approval of the CAF Lieutenant or Sergeant.
2. Out-of-County Commitments - An out-of-
county commitment must contain the following GENERAL INFORMATION
information: WORK SITES
* Defendant's name. The Work Al native Program has signed contracts
• Charges. with numerous State, County, City and nonprofit
• Sentencing judge's name (signature). organizations to supply non-skilled workers for an
* Sentencing court name and name of 8-hour work day. The work sites supply insurance,
originating county. supervision, transportation from a pickup location (if
* Court seal. needed) and a safe working environment. The
" Sentencing date. Work Alternative Program staff screens applicants
" Sentence. for health, attitude, criminal conviction, suitability,
* Conditions of sentence, i.e., concurrent, and then schedules the number of participants
consecutive sentence, credit for time requested at a given time.
served. The supervisors at the work site are not police
` A statement that the sentence may be officers and are not required or expected to act as
served in the Contra Costa County Custody such.
Alternative Program.
' Must submit written approval for transfer GENERAL INFORMATION
from the transferring county. ELIGIBILITY
All individuals are eligible to apply for the Work
GENERAL INFORMATION Alternative Program except those convicted for sex
INMATE APPOINTMENT crimes against minors, a felony sexual crime,
the time of sentencing, the convicted person arson, acts of violence against police or emergency
is advised: personnel, a violent felony crime, a stalking crime,
" To arrange an appointment with Work three or more violent crimes, manufacturing of
Alternative Program staff by telephone or illegal drugs, or charges pending (anywhere)that if
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CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
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convicted would make the person ineligible. * Verification of participant identification.
Existence of one or more of the following conditions * Collection of any pertinent medical records.
maxr also be cause for denial: * Booking photo.
More than 30 days left to serve on the * If the individual has no fingerprints on file,
sentence. he/she will be fingerprinted by the Central
* Major medical problem(,$) making it Identification Services (CIS).
impossible to find an acceptabble work site. * Orientation to rules and expectations of the
* History of institutional misconduct. program and work site.
* Intoxication at the time of booking interview * Collection of fees and issuance of a receipt.
or under the influence. * Completion of work schedule contract.
* Failure to follow rules and regulations of the * Entry ofparticipant's name and date of birth
Work Alternative Program. on working copy of the work site roster on the
* Violation of law or probation as indicated on day(s) agreed to on the contract.
a commitment. * Supply the participant with a map to the work
* Application submitted incomplete/refusal to site.
Frov►de required information. * Have the participant sign and date a Program
Involvement in major drug sales and/or Rules form. Issue a copy, of the program
possession of large quantities of drugs. rules and give a verbal reminder to:
* Facts of the committed offense. A. Be on Time.
B. Wear appropriate clothing for the work
GENERAL INFORMATION site (rain or shine). No sandals, shorts,
BOOKING tank tops, etc.
-Eooking interview will generally be C. Bring lunch and copy of contract.
completed in the order of scheduled appointment D. Have a positive attitude.
times. E. Work days will run 8 hours.
2. Participants are required to neatly and F. No weapons, drugs or alcohol.
thoroughly complete an application form and to G. Do not show up at work site under the
sign it. influence.
3. The participants are required to wait in the lobby H. No cellular telephones or pagers.
area until directed to the interview area. 6. The work contract cannot be changed by work
4. Bookina Information - In order to ensure a site personnel.
positive i en i icatian of the person being 7. If the participant misses a scheduled work day,
booked, the following information will be he/she should complete the remainder of the
obtained during the screening interview: contract and follow directions on the form.
* Name and aliases. 8. A rescheduling fee of$100.00 is assessed in all
* Current address or last known address. unexcused absences from the work site, plus a
* Date, duration of confinement and a copy of $10.00 fee for each day rescheduled.
the court order. 9. Rescheduled days will be arranged at the
* Specific charge(s). convenience of the Work Alternative Program
* Sex. staff.
* Age.
* Date of birth.
* Place of birth.
* Race or ethnic origin. GENERAL INFORMATION
* Present or last place of employment. COMPUTING ADJUSTED SENTENCES
* Health status, including any current medical e clerk will calculate tea jus a sentence
or mental health needs, or physical and appropriate fees at the time the
limitations that would affect their ability to appointment is made.
work. 2. Commitment papers received from courts are
* Emergency contact (name, relation, address maintained in the booking folders and must
and telephone number). contain the following information:
* Driver's license and social security numbers. * Applicant's name.
* Additional information concerning special * Charge(s)s.
custody requirements, service needs or other * Length ofentence.
identifying information such as a birthmark or * Credit for time served, if any.
tattoos. * Date sentence starts.
* Signature of applicant. * Concurrent or consecutive.
5. Acceptance/Assignment Process-The following Signature of court authority.
will be completed uring this s age: * Court seal or filing stamp.
* Verification of court commitment papers as * Address.
I e g a I d o c u m e n t a t i o n f o r 3. Prior to computing the release date, staff will
detention/participation in the program. review commitment papers carefully to
* Check the application for completion and determine:
signature of applicant. * Date sentence starts.
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CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
I
* Length of sentence. 3. If the participant has a prior Alpha history, the
* Credit for time served. following wilt occur:
* Concurrent or consecutive- * At the time of the interview, the CCIN will be
Concurrent runs at same time while written on the application in the upper left
consecutive starts day after the other hand corner.
sentence ends. * At the conclusion of the interview, the original
4. All sentences are considered to'.be concurrent booking sheet will be sent to CIS for
Unless the commitment states otherwise. verification after taking thumbprints and pitty-
5. When a participant is active in the program, all pat of both hands.
additional commitments received will be 4. Violation Cases - An Order for Arrest will be
considered concurrent unless the commitment issued.
states otherwise.
PROCEDURE3
GENERAL INFORMATION COLLECTION OF FEES
GOOD TIME/WORK TIME It isexpected that the participants will have the
1. 0 Good Time/Work" ime credits will be given to required fees with them at the time of their
Work Alternative Program participants. interview/booking. Payment will be in the form of
cash, money order or cashier's check. Applicants
PROCEDURE 1 will be advised that program fees are non-
RECEIVING COMMITMENTS refundable. If an applicant fails to bring the required
Commitments received b the CAF staff must fees to the interview:
have several items verified (See "Computing 1. The case worker will establish a mutually
Adjusted Sentences"of this po icy). acceptable date when the applicant can make
2. When a commitmei eived with the payment, no more than two weeks in the
modifications without Jail Orders," the following future.
will occur: 2. If a fee schedule cannot be agreed upon,
A. Check files to determine if there is an discontinue the interview and set a new
active file on the subject. This check appointment date. Direct the applicant to
should include the violation and Order for complete a fee waiver form to be submitted with
Arrest files. appropriate documentation at the next
B. If there is an active file, pull the applicable appointment. Keep in mind that inabilityto
folder and follow the orders on the new is not a violation but can only be approvpay
by
commitment. the CA eGtenant or Sergeant.
C. If there is no active file, the commitment
should be returned to the court with a note
that there is no file.
3. The courts will, on occasion, modify sentences PROCEDURE 4
and send copies of the modifications to CAF. ASSIGNMENT AND SCHEDULING OF WORK
This is done so that records may be updated. SITES
The proper handling of these modified staff conducting the interview must assign
commitments is essential to ensure program work sites using the following priorities:
participants receive the proper sentence. 1. Medical/physical ability of the applicant. The
start of work assignments may be postponed
PROCEDURE 2 due to temporary illness or injuries.
INITIAL INTERVIEW/FINGERPRINTING 2. Choose the closest work site to the applicant's
1. Both thumbprints o all a id an s will be residence that has current vacancies.
collected at the time of the interview. This 3. County work sites.
includes rescheduling interviews if they have not 4. Small work sites.
previously been obtained. The thumbprints will 5. Large work sites.
be obtained on the participant's or!g!nal CAF staff will normally schedule work days in the
application {white copy) and on the original following manner.
booking sheets. Pitty-pat prints will be taken on * Participants are normally expected to work
the back side of the original booking sheet. three f3) days a week.
2. Each participant's Alpha history will be checked * Participants with five (5) days or less will
p4siotor
o the interview. If they have no Alpha normally be assigned during weekdays and
hthe following will occur: may be scheduled to work one ad y a week.
the conclusion of the interview, the * Participants with six (6) days or more will
participant will be fingerprinted by CIS. normally be assigned weekends as well as
* A note that fingerprinting was required will be weekdays and are ex ect� to work three
made on the original application. days a week.
} CIS will return verification after the person is * Unqmployea participants will normally be
fingerprinted. The applicable work site assigned during weekdays.
contract will not given to the m ivy ua
un i yen tca ton o maererin jng.
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CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
Exceptions to these rules may be necessary to
accommodate participants with special problems,
i.e., medical or verification that the participant will
lose their job Jf required to work weekdays.
PROCEDURES
RESCHEDULED APPOINTMENTS
CAF staff will normally reschedule work days in the
following manner:
{f the participant is being rescheduled for
verified valid absences (sickness, death in
family, etc.) staff will follow the same
guidelines as the initial interview.
[f the participant is being rescheduled for
absences that are not valid, the scheduling
will be done to accommodate the program,
not the participant.
PROCEDURE 6
WORK VERIFICATION
1. The work site supervisor verifies attendance by
having participants sign a daily work site roster
maintained at the work site. In addition,the work
site supervisor places his/her
ate
nature on the
inmate s work contract to indicate hat the inmate
worked on a particular day. Work site
supervisors will write "NO SHOW" in place of a
signature when a scheduled individual does not
appear for work. At the end of the week, the
completed rosters are mailed back to the CAF by
the work site supervisor.
2. CAF staff compares returned work site rosters
a ainst participant contracts. Completed
attendance and/or absences are recorded on the
contract. Any work site that has not sent in a
roster for two weeks or more will be contacted by
CAF staff.
3. Those individuals who meet all scheduled work
days will have their contracts marked completed
by CAF staff and will be " time served."
4. Participants who have unexcused absences will
receive one opportunity to reschedule missed
da s. If any rescheduled days are missed,
violators will receive a letter indicating an "Order
for Arrest" was issued.
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CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
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2-2 ELECTRONIC HOME DETENTION PROGRAM
Effective 10/28/02; Replaces 04/01/99
POLICY. The Sheriffs Office commitment to utilize resources to their best potential, necessitates a strong,
progressive Electronic Home Detention Program which maximizes alternatives to traditional
incarceration while insuring public safety. The EHD Program provides for public safety, maintains
judicial confidence, and allows the offender/participant to be a contributing member of society while
completing the court's sentence.
REFERENCE EHD as stipulated by�a court order if deemed
M.S. Title 15, Section 1050 eligible by the Sheriffs Office. The following
Penal Code Section 815, 830.1, 840, pending charged crimes will exclude program
1203.016, 12018.2, 1208.5 participation:
* sex crime against a minor
GENERAL INFORMATION * felony sex crime
PROGRAM CONCEPT * arson
The ERD Program allows selected individuals * manufacture of illegal drugs
having a County Jail commitment to participate in a * act of violence against police or emergency
home detention program administered by the personnel
Sheriff. The home detention participant is closely * any violent felony crime as defined in P.C.
supervised, utilizing personal supervision and 667.5(c)
electronic monitoring equipment. * any serious felony defined in P.C. 1192.7
The program is voluntary andparticipants are given * stalking crime
the opportunity to apps via a court referral. * three or more crimes involving violence
Participants are limited statutorily to those defined * additional charges pending in any other
under Section 1203.016 of the Penal Code and are court
screened ensuring they meet the program's * violations of Vehicle Code Sections
selection criteria. Applicants are selected who can 2800.2/2$00.3
benefit from a tightly structured program, allowing Program admission may be denied by the Court
them to return to specified community programs or Custody Alternative Facility (CAF) staff on a
and work. The supervision in the program is case by case basis if investigation discloses the
individually structuredtoprovide the participant with applicant has been convicted or shows evidence
appropriate support to be successful, safety to the of any of the following:
community being paramount. The support * involvement in major drug sales and/or
afforded by the program is essential to prompt possession of large quantities of illegal
participants to be more productive and to develop drugs
a self-reliant lifestyle that could curb recidivism. * failures to appear and failures on probation,
Within their ability to pay, participants pay for their parole, or other out-of-custody programs
own care as well as program administration and * addiction to drugs or alcohol
supervision costs. * mental disorders
* escape risk
GENERAL INFORMATION * history of institutional misconduct
PROGRAM OVERVIEW * gang membership or affiliation
The EHD Program is considered a constructive * out-of-county hold
custody situation with participants being * alleged prior"strike" convictions
accountable for all of their time. The baseline is * such other factors as determined by the
twenty-four (24) hours home detention. Initially, Court or CAF staff that apply to a particular
program participants may only leave their residence case
Tor work, school and other pre-approved necessities All individuals violating terms, conditions and
of life. A maximum of six (6) hours per week of free requirements of the program will be removed
time can be approved, normally after the from the program, and be immediately
participant's program compliance has been arrested and returned to custody.
assessed. In order to maximize options for the sentencing
judge, a, condition of participation in this
1. Pre-Sentenced EHD - Developed to allow program is an advance on the record waiver of
flexibility mthe judicial systeto lace all custody credits covered under P.C. 2900.5
unsentenced im ndividuals on electronic monitorin that would accrue while the defendant is on this
as a condition of their own recognizance (O.R.? program.
Defendants must apply for the pre-senttenced The District Attorney will be given two court days
EHD program from custody and if accepted will notice of the Court s preliminary determination
be granted an O.R. release to go into the of program eligibility on any felony.and they will
program from custody. have }he opfortunity to appear in court and
individuals will be placed on pre-sentenced argue agains referral to this program. This will
8
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CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
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occurrigor to any referral to CAF. Exceptions may be made for minor traffic matters.
Defendants on this program will consent to 2. Applications received from individuals who are
warrantless search and seizure by law not sentenced on all pending�criminal charges
enforcement personnel. will be "Denied/Unsentenced". The individual
The Court will develop and utilize a minute may later request that the file be reopened
order that will provide for an O.R. release upon without submitting a new application when all
acceptance into this program. - This will be charges are adjudicated.
created at the time of the court order and it will 3. Individuals already sentenced but with a stay of
be forwarded to CAF. It will contain a recitation execution may make application for participation
of the O.R. understandings and the credit in the EHD Program.
waiver. 4. Applications are available at:
Fees will be assessed in accordance with * Custody Alternative Facility
current CAF policy. 1011 Las Juntas Street
No Good Time/Work Time credits will be given Martinez, California 94553
to Pre-Sentenced EHD participants.
* Martinez Detention Facility
GENERAL INFORMATION 1000 Ward Street
ELIGIBILITY CRITERIA Martinez, California 94553
1. ow risk, minimum security offenders who are
sentenced on all in-county charges, and have * West County Detention Facility
not been denied or restricted participation by the 5555 Giant Highway
court. Richmond, California 94306
2. Upon application for EHD, applicants who have
been sentenced must have a commitment of at * Marsh Creek Detention Facility
least thirty-one (31) net days to be ell ible. 12000 Marsh Creek Road
3. Applicants must be a Contra Cosa County Clayton, California 94517
resident or live within a reasonable travel *Applications may also be available at the
distance from the county border and have a Courts, Probation, District Attorney and
telephone. Public Defender's Office.
4. Individuals with the following convictions may not 5. Completed applications are delivered to CAF in
be eligible for the EHD Program: sex crimes person. Applications must be accompanied by
against minors, felony sexual crime, arson, the following:
manufacture of illegal drugs, acts of violence * The application fee.
against police or emergency.personnel, a violent * A copy of the relevant probation report
felony came, a stalking crime, three or more and/or police report.
violent crimes, or charges pending {{anywhere) A copy of the court sentencing document
that, if convicted, would make the person (when practical).
ineligible. 6. The non-refundable fees include:
5. Applicants who display the following may not be $100.00 A plication fee
e iggable for the EHD Program: uncooperative $ 13.00 Vaintenance daily fee (minimum up
nature based upon history of mental instability, to one hour gross pay per day).
habitual social misconduct, addiction to illegal $ 15.00 Fee to obtain police report (if
drugs or alcohol, possession of weapons or applicable)
illegal drugs in jail, being a major drug dealer, $ 14.00 Fee for urinalysis specimen testing
felony driving under the influence, history of if applicable)
violence, failure to appear in court or for other $ 20.00 Recalled Order for Arrest (if
court ordered programs, flight risk (i.e., escape applicable)
from confinemeno, parole, or other Custody
Alternative violations, child abuse, evidence of PROCEDURE 1
deviant or strange behavior, or serious nature of APPLICATIONS RECEIVED AT CUSTODY
any other felony or misdemeanor or prior record. ALTERNATIVE
The CAF Lieutenant or Sergeant may make 1. Applications will be time stamped by a Facility
exceptions when circumstances clearly warrant clerk on the day they are received at CAF.
such an action. 2. The CAF Sergeant or designee will review the
application and:
GENERAL INFORMATION A. Ascertain ell ibility by confirming:
GOOD TIME/WORK TIME * Applican�is sentenced.
ood Time7VVo__rR—ri`ffie credits will be given to * Applicant meets eligibility criteria.
EHD participants. * Applicants have at feast a thirty-one (31)
day net sentence to serve.
GENERAL INFORMATION B. Log it in the Master Application Lag.
APPLICATIONS FOR EHD PARTICIPATION * Assign an EHD program number to the
1. Individuals wis ing o apply a must be application.
sentenced on ALL pending criminal charges. * Date the application (when it was
9
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
T
assigned). * A transportation plan in writing.
C. Assign it to an EHD case manager for * A financial budget statement.
investigation and'evaluation. B. The budget statement is used solely
* The case manager will then set an for the purpose of verifying the
interview date and time and then notify applicant's wage earnings and
the applicant. capabilities. Under no circumstances
will this information be used for
3. Out-of-Count Commitments: either approving or denying the
n out-o -conn y commitment must contain the applicanf.
following information: C. Discuss the circumstances of the
* Defendant's name. offense.
* Charges. D. Discuss any programs relevant to
* Sentencing Judge's name (signature), specific problem areas that the
* Sentencing Court name and name of applicant may be berequired to attend
originating county. while on the EHD program; i.e., AA,
* Court seal. NA. Advise the applicant of the
* Sentencing date. necessary documentation required to
* Sentence. verify program attendance and
* Conditions of sentence, i.e., concurrent, compliance.
consecutive sentence, credit for time E. Advise and discuss appropriate
served)• reporting instructions.
* A statement that the sentence may be F. Discuss any unique problems relative
served in the Contra Costa County Custody to the individual applicant.
Alternative Program. G. Photograph the applicant.
* Must submit written approval for transfer H. Obtain a urine sample from the
from transferring county. applicant to determine recent
substance abuse and to verify the
PROCEDURE 2 applicant's veracity to interview
PROCESSING THE APPLICATIONquestions.
1. Upon receip o a new application, the case I.
Discuss the terms and conditions of
manager will investigate it as follows: the EHD program with the applicant.
A. Confirm it has been signed by the applicant. Explain the basic operation of the
If unsigned it will be returned to the monitoring equipMent. The applicant
applicant for signature before beginning the will be required to sign that he/she
investigation. understands the EHD program rules.
B. Confirm applicant has no pending charges,
warrants, fudge's program denial or holds
which would preclude the applicant's PROCEDURE 3
participation. REVIEW THE APPLICATION
C. Request a copy of the probation and/or 1. The case manager will make a determination of
arrest reports from the applicant or their the applicant's eligibility, suitability and
attorney when practical. acceptability.
D. Obtain necessary CII/FBI/DMV rap sheets. 2. Eli ib�ility
E. As appropriate, contact the sentencing This determination is based upon a set of
judge s), Probation Officers, arresting documented, objective criteria. Criteria is
agency, victim(s) or custody staff for based on an assessment in general
program recommendations. categories including, but not limited to:
F. Set an interview appointment. Attempt A. The sentencing judge has specifically
telephone contact with applicant. ordered that the applicant may not
G. Contact the employer and/or school for apply for the EHD program. The
verification. Judge may, at a later time, order a
H. Application rocessin will generally take a participant be removed from EHD
minimum ofpfourteen 14) calendar days toparticipation.
complete. Advise the applicant that this B. Admirnstrative policies which may
may be necessary as stipulated in the disqualify the applicant, including
application waiver and thaf the employer those crimes listed as not acceptable.
may be advised of the convicted offense. C. There are otherending charges
2. The interview with the applicant may include the (except minor traffic Any exceptions
following: will be handled on an individual basis.
A. The applicant is to provide, when D. Out-of-county holds (except minor
necessary traffic). Any exceptions will be
* A current pay stub or other evidence of handled on an individual basis.
* wage status. E. Safety of the public.
A job description in writing. F. Criminal history including failure to
10
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
1'
appear and failures on probation or parole. if deemed necessary, to ensure adequate
G. Facts of the committed offense. program supervision.
H. A ver�able/suitable local residence. When practical, discretion will be used to
I. Appropriate telephone and electrical avoid jeopardizing the applicant's
connections in the residence. employment.
J. Any adults residing with the program D. The nature of incarceration, as a legal
participant must a ree in writing to accept status, requires that the whereabouts of
the use of the EHD equipment in the program participants be reasonably known
residence. at all times.
K. past program failures or rejections will be E. To ensure adequate supervision, the
evaluated on an individual basis. following types of employment may be
L. Employment history and a willingness to deemed unsuitable.
comply with work requirements are key * Employment requiring a participant to
elements of the EHD program. change job sites during the work day
M. Individuals with state prison commitments with no set route or schedule.
are not eligible for EHD. ' Employment where hours vary widely,
N. Gang membership/affiliation or escape from day to day,or within the same day.
risk. Split shifts may be unacceptable
O. Involvement in major drug sales and/or because of added monitoring
possession of large quantities of drugs. requirements.
3. SuitabilitSelf-emplo ment where there is no
o a e igible applicants are suitable for the establishedplaceof business, office or
EHD program. Some applicants may show base of operation will be carefully
personal characteristics or are influenced by evaluated. Allowances may be made
environmental pressures which render them for persons with established and/or
incapable of completing the EHD program documented history of self-employment
satisfactorily. Others may not be motivated to or having done such work.
expend the necessary effort required for Commission orpiece work, since the
satisfactory participation. applicant would not normally be
The completed application package and the responsible to his employer to the
applicants responses to the interview, contribute extent necessary to ensure that the
to applicant's approval or denial a plicant would actually be "working at
4. Acce tabilit ail times."
Probable adverse public reaction or a lack of Employment offered by relatives; this
responsibilities (job, school, famil , etc.) may will be carefully evaluated to determine
result in a decision to deny EHD for applicants if reliable and unbiased.
who are otherwise eligible and suitable. F. Employment is within a reasonable
During the investigation process, an applicant distance of their residence.
should provide information, either written or G. The applicant must arrange suitable
verbal, iving the case manager insight of the transportation and will be advised that they
applicant's stability, nature of their current are required to have a valid California
employment, employment history, stability within Driver's License, vehicle registration, and
the community, financial situation, transportation insurance, if driving themselves. If being
arrangements, medical history and family driven by someone else, their designee
responsibilities. driver must meet the same requirements.
5. The interview process is designed to identify An individualized transportation schedule
areas of vulnerability and weakness for detailing their plans may be required for
discussion purposes and insight into the applicants utilizing public transportation.
Mplicant's view of him/herself. H. The applicant must possess sufficient
The case manager's perception of the maturity and a capacity for self-control to
applicant's commitment to provide an acceptable enable him/her to comply with the
degree of compliance to the conditions of the conditions of the program.
program will assist in rendering a program 1. Applicants at the time of application must
recommendation. have at least a thirty-one(31) day net
6. The following basic criteria is used in evaluating sentence to serve.
applicants for the EHD program and will be The court will require an applicant to report
evaluated on a case-by-case basis. to CAF within two(2) weeks from date of
A. The applicant must be a willing participant. sentencing. Exceptions will be evaluated
S. Should be employed or capable of on an individual basis.
obtaining gainfulemployment within a J. Discrimination on the basis of sex, race,
sped letime period or be a continuing creed or national origin is prohibited.
student. Unemployment is not, in itself, a 7. The EHD case manager will detail their
reason for denial. recommendations on the investigation form.
C. The applicant's employer may be informed, 8. The CAF Sergeant or his/her designee will
11
24 21
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
T
review all denied files and return the file with '' Send to CIS for fingerprints
his/her recommendation(s)to the case manager (commencement of program will be held in
for further processing. abeyance pending receipt of CIS fingerprint
9. Case managers may not make a determination verification).
of"denied,"accept as provided by the following: 5. Complete EHD electrical hookups per
A. Denied participation by .the sentencing manufacturer's directions, including:
judge. IN THE OFFICE Reference Procedure 7)
B. The participant has been convicted of a A. Data en ry o schedule (by case manager).
crime rendering him/her ineligible for EHD. B. Anklet installation (confirm functioning
Such denials are subject to conditions status).
which may change. The EHD clerk will C. Initialize home receiver.
subsequently forward written notification to D. Collect fees equivalent to first and last
the applicant specifying that they are week total and the application fee.
"denied pending" a change in the E. Test the telephone and electrical
circumstances causing the denial. They connections if necessary.
may request a re-evaluation of the F. Connect the receiver as required and test
application. In such cases, the case functioning.
manager will render the disposition, then 6. Give a copy of the field supervision log to the
forward the file to the CAF Sergeant for CAF Account Clerk ensuring accurate
review. Applications may be referred to accounting of all fees due and/or receivable.
Parole, processed for transfer to a 7. The EHD case manager will send written
reciprocal agency. All referrals/denials notification of program status to the sentencing
must be approved by the CAF Sergeant or judge and to the resident law enforcemen
Lieutenant. agency.
GENERAL INFORMATION PROCEDURE 5
EVALUATION OF THE APPLICATIONS DENIED APPLICATIONS
There are four acceptable deasFons when
evaluating an application for EHD participation. 1. When an applicant is determined based upon
They are: the investigation and/or recommendation of the
• Approved. case manager to be ineligible, unsuitable or
• Approved pending some future occurrence unacceptable, the following will occur:
or compliance. A. The reasons for the denial will be listed
Denied. individually by the CAF Lieutenant,
Denied pending a change in the Sergeant or designee. The file will be
circumstances for denial. returned to the case manager for further
processinrq.
PROCEDURE 4 2. The EHD Senior Clerk will send a denial letter
APPROVED APPLICATIONS to the applicant specifying the reasons for the
When an applicant is deemed to be eligible, denial with a `ail turn-in date. The file will then
suitable and acceptable for participation in 1HD be submitte to the EHD Senior Clerk for
program, the case manager will ensure that the additional processing and filing.
following procedures occur: A. The sentencing court will be notified of the
1. Schedule the applicant to appear at the CAF on denial.
the specified commitment day and time for B. Update the EHD log book.
booking and EHD processing. Approved
applicants will be enrolled in the program as PROCEDURE 6
expeditiously as possible. APPLICATIONS APPROVED PENDING
2. If the applicant does not have a specified 1. An application may be approved pending a
commitment date, schedule the earliest future occurrence or compliance with certain
possible date and time convenient for the criteria on the part of the applicant or on the
booking and installation process. part of others involved. Among the reasons an
3. Complete the booking process per the Jail application may be conditionally approved are:
Management System procedures. A. Pending the emplo er's cooperation.
4. Secure signed program forms: B. Pending receipt oftheProbation Officer's
EHD agreement. report.
EHD equipment receipt. C. Pending the results of physiological testing.
Budget/financial statement. D. Pending any other necessary consideration
Fee agreement. deemed significant by the case manager or
Field supervision log. CAF Sergeant.
Tenant agreement (to be signed by joint 2. Subsequent to any conditionally accepted
tenants at-the residence). (approved pending) application the following
Thumbprint to be placed on booking sheet may occur, if appropriate:
and EHD form. A. Approved letter to the applicant with
12
• 4../ 1 +�^' G 4,,,1. �t ,i J�j
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
f
stipulation and copy to Probation Officer if the efforts of the participant to enhance or
appropriate. better their level of education.
B. Approved letter to sentencing court with 3. OTHER PURPOSES
stipulation. A. EHD pa rcrpa ion may be permitted for
other reasons which can be verified as
GENERAL INFORMATION necessary and reasonable. Some include:
DENIALS-THE APPEAL PROCESS• Child care which cannot otherwise be
1. Appeal rocess reasonably provided.
if a statt member recommends denial: Necessary medical care which cannot
A. The CAF Lieutenant or Sergeant will be be practically afforded or administered
contacted for concurrence. in the county's detention facilities.
B. If denial is approved, the clerk will prepare B. Reasons must be consistent with the
a denial letter with specific reasons why the program philosophy regarding a productive
applicant is denied the program. This letter andlor necessary purpose.
will include the applicants appeal rights.
The denial letter may be handed to the GENERAL INFORMATION
applicant if present or mailed if not. If SUPERVISION OF EHD PARTICIPANTS
present: a case manager's primary responsibility is
• The applicant may be taken into the supervision of program participants.
custody at this time if the Sergeant or 2. Case managers have the primary responsibility
Lieutenant deems it necessary. to supervise assigned participants. They will
• The applicant may request an appeal assist other case managers, if necessary.
with the Sergeant at this time. 3. Case managers will be available to meet with
• An appeal date will be automatically and counsel participants at regularly scheduled
assigned in the denial letter. times, generally weekly, through telephone
A modification of a sentence shall not contacts and office visits. These meetings will
be entertained by court until the also be utilized to assess the program
defendant has exhausted his/her compliance. No longer than two weeks should
administrative remedy through this elapse between office visits. The case
appealsprocess. manager will:
2. The applicant's first line of appeal is the CAF A. Obtain and verify any required
Sergeant who will meet with the applicant on documentation of program compliance.
the appeal date. B. Ensure and verify that listed personal
information is current.
GENERAL INFORMATION C. Obtain program fees as necessary.
EHD APPLICATIONS FOR EDUCATION AND D. Initiate testing for drugs/alcohol.
OTRER PURPOSES E. Discuss and address, when practical, any
The EH15 process, guidelines and criteria shall areas of concern or problems.
apply to all individuals who wish to make 4. Field Deputies will periodically verify program
application for EHD participation. compliance by visiting participant's work/home
2. EDUCATION locations. Case managers may be called upon
A. managers will obtain additional to assist in this verification process.
information from the applicant including,
but not limited to: PROCEDURE 7
• Copy of transcripts from the applicable EQUIPMENT INSTALLATION - FINAL
school and from schools previously ORIENTATI
attended, if necessary. The case manager will perform the initial installation
k A computer printout of the current class of the transmitter and receiver in conformance with
schedule. the manufacturer's equipment instructions.
B. Applicants may be required to provide 1. The case manager will.
documentation of consistent attendance A. Confirm thaf the applicant has provided all
including class grades earned. necessary documentation not secured
C. Applicants are encouraged to maintain during the investigation and/or interview.
some sort of gainful employment, even B. Confirm that circumstances have not
part-time, while attending school. changed since the approval date; i.e., new
D. When applicants are enrolled at campusesob, different transportation, etc.
maintaining and operating their own police C. Me any necessary referrals; i.e.,
agency, the case manager may advise that Alcoholics/Narcotics Anonymous, etc.
agency of the applicants program D. Insure program fees are collected as
participation. appropriate.
E. Full-time attendance (12 semester units) is E. Review the curfew schedule with the
considered the standard. articipant.
F. Classes will be evaluated to determine F. Ensure that the participant has read and
their appropriateness and consistency with signed the EHD agreement.
13
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
f
G. Explain that in cases of emergency * The employer has specifically
involving the physical well-being of either requested the participant work
the participant or family member, the overtime, or;
participant may attend to that matter The overtime is mandatory and may
immediately. In this case, they must jeopardize the participant's
provide verification when the crisis has employment if not performed.
passed and attempt to notify the case 5. Case managers reserve the right to deny
manager by phone as soon as practical. curfew modifications under the following
circumstances:
A. Participant has failed to comply with the
GENERAL INFORMATION case manager's instructions on prior
CURFEW SCHEDULES modifications.
Curfew scheduling is the responsibility of the B. The curfew modification is unreasonable,
case mane er. Individual schedules are unverifiable or does not otherwise meet the
tailored to the needs of the participant and needs of the participant and the program.
maintained in the main and home program 6. Permanent curfew modifications will be entered
computers. Curfew parameters are established into the main and home computers as soon as
on the first day of program participation andppossible by the case manager. The change will
may be modified, as necessary. be recorded in the participant's supervision log.
Schedules will be printed out from the computer 7. Temporary modifications need only be
and placed in the participants file when first recorded in the participant's supervision log.
enrolled and each time a permanent 8. Whenever a life-threatening situation exists
modification is made to the schedule. requiring immediate attention, i.e., a medical
Schedules are designed to ensure participants emergency, the participant may attend to the
are at their residence, whenever not specifically matter until the crisis has passed. He/she will
authorized to be away, and curbs the then immediately contact and brief the case
participant's activities to provide assurance of manager. If it is after business hours, the
reasonable program compliance and participant will leave a message on the case
supervision. They should be established to manager's voice mail. The participant will
provide adequate/ample travel time and to specify the circumstances, the time he/she will
avoid unnecessary alarms for curfew violation. leave or has left, expected time of return, exact
2. Schedules will be discussed with the participant location and phone number where the
to ensure that they have a clear understandingparticipant will be during those times.
of what is required of them. 9. The participant must be prepared to verify any
3. Curfew is not meant to curb any activity by the absence in accordance with the case
participant which is considered constructive manager's instructions.
and:
A. Is verifiable and/or necessary. GENERAL INFORMATION
B. Will benefit financially or educationally the MONITORING
participant, participant's family or the The ec ronic Monitoring System will monitor
community. Anything over sixty (60) hours the participant twenty-four (24) hours a day,
per week would be viewed as excessive reporting the following types of activities:
and given close scrutiny by the case A. Change of status - At home or away from
manager. home.
4. Case managers will make a reasonable effort to B. Tamper alarm - The equipment has been
accommodate curfew modifications for: tampered with.
A. Additional counseling attendance. C. Violation Alarm - The participant is either
B. Programs of education which will benefit away from home or not where their
the participant. schedule indicates.
C. Necessary medical purposes to meet the D. Power Failure Alarm - The monitoring
needs of the participant or a family device in the participant's residence is
member. without power and on battery backup.
D. Overtime, whether required or not, E. Telephone Disconnect Alarm - The
providing: participant's telephone is either
* When practical, the applicant shall give disconnected or out of order.
the case manager at least twenty-four 2. The equipment has memory storage and power
(24) hour's advance notice of the backup capability allowing alarms and status
date(s), time(s), location(s) and any changes to accumulate during those times staff
other relevant information pertaining to is not available to immediately respond to
the overtime to be worked. them.
* When not practical (i.e., no advance 3. Case managers will check status reports of all
notice), participants must advise the assigned participants daily as soon as they
case manager and obtain approval report for work. During any absence, case
prior to working any overtime. managers will arrange for another staff
14
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
d
member to assume this responsibility. case manager and will be brought to the
attention of the CAF Sergeant. The results of
PROCEDURE 8 the test will be discussed with the participant
ELECTRONIC MONITORING VIOLATIONS and will include the circumstances and extent
Case managers are response a or the of use.
immediate investigation and disposition of all Based upon the participants history of program
violations. When the nature of a-violation has compliance, personal history and overall
been ascertained, a telephone or home contact attitude,the case manager will make a decision
will be made, when appropriate. to counsel or recommend the participant's
2. Case managers will promptly advise the CAF program removal.
Sergeant or Lieutenant o all major incidents. A. A decision to counsel the participant will
Ma or/serious incidents shall be documented on result in a re-evaluation of the required
an incident Report form. counseling needs, supervision parameters
3. Curfew violations extending more than ten (10) and frequency of testing to negate future
minutes require the case manager to counsel positive tests.
the participant, and the serious nature of the B. The participant may be returned to physical
violation will be made clear. Such violations custody, if deemed necessary.
may constitute grounds for program removal. in 9. Arrest and removal from the EHD Program will
all cases involving program removal, an be necessary and mandatory whenever a
Incident Report will be prepared as supporting participant is:
documentation. A. A danger to him/herself
A. A curfew violation may be grounds for B. A danger to any other person.
program removal. C. Likelylo abscond from EHD supervision.
B. Any criminal violation will constitute 10. Case managers should always evaluate any
immediate program removal. violations to determine if modified supervision
4. An unauthorized tamper report may constitute can be afforded which would otherwise negate
grounds for removal from the program. future violations.
Reports of tamper or other equipment
failure will be handled as follows: PROCEDURE 9
A. Check the computer to verify if the reported TERMINATION FROM PROGRAM
condition still exists. Telephone contact t er than spontaneous type arrest situations,
will immediately be attempted to resolve all arrests within the EHD program are to be
the reported problem. planned when practical, and approved by the
B. Absent any response, the case manager CAF Lieutenant, Sergeant or Deputy.
will carefully consider and evaluate: 2. The sworn staff is authorized to arrest and
The necessity for a personal response return a participant to physical custody by the
to the residence. authority of the original "commitment, with or
The need to obtain police assistance without an OFA.
from the local agency or a CAF Deputy. Staff must consider the inmate's attitude, the
degree of past and present compliance, prior
5. When a case manager believes a violation criminal arrest history and previous held/office
necessitates the participants return to custody, contact experiences. If this action is taken,
he/she will notify the CAF Sergeant who will consideration shall be given to the safety of all
make the final decision. He/she will direct the individuals involved to include the time, place
Deputy to respond to the location or obtain and prior planning of any arrest. Assistance by
assistance from the local law enforcement other law enforcement officers, in those cases
agency, if an arrest is warranted. where safety is a question, will be obtained to
6. When it is apparent that a participant has perform this function.
absconded from supervision, all electronic 3. When a participant is arrested (normally by
monitoring ecipipment shall be removed from CAF Deputy) or otherwise removed from the
the participants residence. The case manager EHD Program, the case manager will ensure
will document the incident. that equipment is inspected for damage, and
The CAF Lieutenant or Sergeant will initiate a the in-home monitoring device and all
Sheriffs Order for Arrest (OFA) to return the associated equipment sFiall immediately be
participant to custody. removed from the participant's home.
OTHER VIOLATIONS 4. Case managers will schedule a date and time
7. Due to the custodial nature of the EHD for the inmate to turn in assigned EHD
program, any type of controlled equipment upon completion of their program.
substance/alcohol use is prohibited. Any If completion falls on a weekend or holiday, the
participant who submits a positive test for use of next business day will be used. This date shall
a controlled substance or alcohol is subject to coincide with their final program date. The case
removal from the EHD Program. manager will allow the participant to make the
6. A positive test for drug/alcohol use will result in equipment disconnections and bring the
an Incident Report and immediate review by the equipment to CAF.
15
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
f
PTA form were complete.
PROCEDURE 10 A. The defendant's failure to comply with
EHD PROGRAM COURT POLICY subsequent notices will cause the
pprove applicants are enrolled—in the program in commitment to be returned to the court for
the most expedient mariner based upon equipment further disposition.
availability and time scheduling variations of the B. An OFA cannot be issued without a
individual case managers. completed PTA (signed and witnessed).
Capability to book individuals directly at CAF C. Any commitments sent back to the court for
eliminates the reliance on other facilities for the disposition will be accompanied by
booking process. information advising the court:
1. At the time of sentencing, the court will indicate * The defendant has failed to comply with
its referral to END on the face of the * CAF's notice to appear.
commitment and a copy of the commitment will CAF cannot issue an order for the
begiven to the defendant. The court copy will defendant's arrest because the PTA is
be sent to CAF. incomplete.
2. The court will cause the defendant to sign a * The defendant is unsuitable and denied
PROMISE TO APPEAR (PTA) form for EHD participation.
commencing the applicationrocess within two
(2) weeks at CAF. The PTA must be signed
and witnessed by the court bailiff or clerk before
the defendant leaves the courtroom. A copy R
the PTA will be given to the defendant and the
original must accompany the commitment sent
to CAF. A third copy is kept in the court file.
3. Upon receipt of the commitment and
application, assigned staff will commence an
investigation to determine if the applicant is
approved or denied for EHD program.
4. In the event that the defendant fails to comply
with the signed and witnessed PTA, staff will
issue an OFA and there will be no referral back
to the court for disposition.
5. Those applicants not qualifying for EHD
participation will be given a denial letter with a
"turn in date to surrender for their sentence at
CAF. The "turn in" date shall be within one (1)
week of the program denial. The denial letter
will give a detailed explanation of the appeal
process. Denied applicants may be taken into
immediate custody when deemed necessary by
theSergeant or Deputy. CAF will issue an
OFA 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-
o -county agency, theapplicant will be denied
further consideration for HD. A letter of denial
will be mailed to the applicant, an OFA will be
issued, and a Hold order will be placed at the
facility the applicant is being held.
7. Approved applicants will be given instructions to
appear at CAF at a designated date and time
for EHD enrollment. This benefits CAF and the
courts since:
A. Participants will make the transition from
the court directly to EHD supervision
without an unnecessary waitingg ppenod.
B. At the court's request, they will be notified
if the defendant fails to comply, or
otherwise violates conditions of the
ro ram.
8. Staffwillmake a reasonable effort to ensure
compliance even if the PTA form is incomplete.
The same procedures will be followed as if the
16
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
X
2-3 COUNTY PAROLE PROGRAM
Effective 10/28102; Replaces 04/01/99
POLICY. The period immediately following incarceration is critical to successful reintegration of the offender
into society and to positive citizenship. It is in the best interest and safety of the public and the
Office of the Sheriff to direct the successful re-entry of parolees back into society. Successful
reintegration is accomplished through close supervision of the parolee and the encouragement to
seek jobs, educational, vocational or personal programs necessary for the individual to succeed
in the transition between imprisonment and discharge.
No longer an two weeks sfiould apse
REFERENCE between office visits.
C.A.C. - 2-5026, 2-5378
P.C. - 1203.1e, 1203.1f, 3074, 3075.3, GENERAL INFORMATION
3076, 3077, 3078, 3079, 3080, FEES Non-Refundable)�
3081, 3082, 3083, 3084, 3085.1, . Application fee
3086, 3087, 3088, 3089 10.00 Maintenance fee minimum up to
one hour gross pay per day
GENERAL INFORMATION
$ 15.00 Fee to obtain police report (if
PAROLE BOARD REGULATIONS applicable)
ccor ng to Califomia law C. 3075), each $ 14.00 Fee for unnalysis, specimen testing
county must establish a County Parole Board Qf applicable)
made u of three specific members; namely, $ 20.00 Recalled Order for Arrest (if
The Ol ice of the Sheriff representative, applicable)
Probation Department representative and a
Superior Court representative appointed by the GENERAL INFORMATION
Presiding Judge. The Board may delegate its POLICIES AND PROCEDURES FOR COUNTY
authority to Deputies as necessary. The Board PAROCE
may establish rules governing eligibility for The Contra Costa County Board of Parole
Parole. Rules will be posted in each facility. Commissioners operates and is governed by rules
The Board usually meets the second and fourth and re ulations (specific to Contra Costa County)
Wednesday of every month. Additional set fort in the County Parole Manual. This manual
meetings are scheduled as necessary. further lists and references the statutory authority
2. Sentenced inmates (except when denied the for the Board's operations as well as commonly
privilege by the sentencing judge at time of used forms maintained at the Custody Alternative
commitment for all felony cases) may apply for Facility.
County Parole.
3. Applications may be made at an time.
Normally, inmates need sixty (60 days
remaining in custody to beplaced on Parole.
4. Custody Deputies will furnish applications upon
request. Completed applications will be routed
to the Custody Alternative Facility.
5. The Supervising Clerk will attach and forward
additional information as requested by the
County Parole Specialist who will then conduct
an investigation. Each case will be determined
on its individual merits by the Board.
6. Various conditions may be required by the
Board before Parole is granted; i.e., testing,
counseling, restitution, etc.
7. If granted Parole, an in-custody inmate is
usually released the next day. Out-of-custody
inmates aregiven an appointment date to report
to the Custody Alternative Facility.
8. If denied Parole, the inmate will be notified in
writing of the reason(s). Inmates may be taken
into custody at this time if the Parole Board
dictates.
9. Case managers will be available to meet with
and counsel participants at regularly scheduled
times, generally weekly, through telephone
contacts and office visits. These meetings will
also be used to assess program compliance.
17
CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES
t
GENERAL INFORMATION
POLICY AND PROCEDURE UPDATE
The policy will be reviewed annually and updated as necessary by the CAF Lieutenant.
Approved:
William French
Custody Alternative Facility
Date: /o/3(, 0q,-
Approved:
George Lawrence
Custody Servic s Bureau
Date: / 0
/�0
18