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HomeMy WebLinkAboutMINUTES - 10162007 - C.85 SE G • tty�''l T—F�F. Contra a ,• To: BOARD OF SUPERVISORS ` Costa r1 FROM: Warren E. Rupf, Sheriff-Coroner �•�. � �'•;4°4 County .SrA. C't DATE: October 5, 2007 COU!�" SUBJECT: ADOPT Policies and Procedures of the Office of the Sheriff-Coroner's Custody Alternative Program. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8,BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Policies and Procedures of the Office of the Sheriff-Coroner's Custody Alternative Program. FINANCIAL IMPACT: None. BACKGROUND: 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 Custody Alternative Program. As a condition of participation in the Custody Alternative Program, the inmate shall give his or her consent in writing to comply with the rules and regulations of the program. The policies and procedures must be approved by the Board annually. There are no changes to policies and procedures from last year. 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: S SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): ACTION OF BA ON �b QPit1 f�, �`�� APPROVED AS RECOMMENDED ER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) 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. ATTESTED d� JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: :TODD MCCOWN,571553 cc: SHERIFF'S OFFICE(CONTRACTS)-TM COUNTY ADMINISTRATOR BY DEPUTY CCCSO NUMBER: 1.01 Contra. Costa County Office of,the S1leriff RELATED ORDERS: Related Orders: Custody Services Bureau Policy 1-3 Generalf6hcy aad Procedure Table of Organization Cust6dy Alternative'Facility. Y ISSUE DATE:Issue Date: 6-1.-2006 CLEARANCE: REVISION DATE: � Office of the Sheriff s- CHAPTER: V, SUBJECT: Custody Alternative Facility Table of Organization A. The establishment of a Custody Alternative.Facility(CAF)chain of command accompanied by a delineation of duties promote operational efficiency. II. DEFINITIONS. A. Chain of Command. The hierarchical chart of responsibilities and duties of rank within the Sheriffs Organization. II1. GENERAL. A. Sheriff.Administrator of the Office to the Sheriff who is charged by law with the administration of local detention facilities in Contra Costa County. B. Undersheriff. The executive assistant to the Sheriff. C. Custody Services Bureau Commander. Under the direction of the Sheriff,the Commander is administratively responsible for the Custody Services Bureau. C. Detention Division Commander. A Captain under the direction of the Custody Services Bureau Commander who is responsible for the overall operation, fiscal control and management of the Detention Division. D. Facility Lieutenant. Under the direction of the Detention Division Commander the Lieutenant is responsible for the overall operation of the Custody Alternative Facility and for the operation of three separate out of custody programs; the Work Alternative Program,the Electronic Home Detention Program and the County Parole Program. The Custody Alternative Facility Lieutenant is the Secretary to the County Parole Board. The Custody Alternative Facility Lieutenant is responsible for initiating and executing all Orders for Arrest. E. Facility Sergeant. A sworn supervisor charged with the daily supervision of the Custody Alternative Facility's sworn and general staff. The Sergeant is under the direction of the Custody Alternative Facility Lieutenant and functions in that capacity in the Lieutenant's absence. 1 C 7J' a. The Sergeant monitors, supervises and directs Custody Alternative Facility staff to ensure compliance with Facility, Bureau and Departmental policies. b. The Sergeant will optimize resources for maximum efficiency and effectiveness. c. Investigate problematic occurrences to achieve satisfactory resolution. d. Reviews various Custody Alternative Facility reports to verify their accuracy and propriety. This includes the first line appeal and disciplinary hearing process of program applicants. e. Liaisons with the courts, district attorney,public defender and other outside agencies. f. Performs staff evaluations and initiates disciplinary proceeding when appropriate. F. Deputy Sheriff/Field Officer-A sworn position under the direction of the Facility Sergeant who are responsible for the direct supervision of program participants outside of the custodial environment. a. Conducts random and unannounced visits at a residence, work site or other designated location to verify and confirm program compliance. b. Maintains supervision logs and records contacts, minor violations, program modifications,testing and other noteworthy information. c. Documents major violations and, when appropriate, effects the arrest and return to custody of program participants. d. Coordinates with case managers to ensure safe and efficient supervision and monitoring of participants. G. Facility Specialists/Case Managers- Under the direction of the Facility Sergeant a specialist performs duties in all areas relating to the screening, interviewing, booking, supervising and counseling of program participants. a. Provides office supervision of participants to include: office visits,telephone contacts, counseling therapy compliance verification, employment verification, and collection of urine samples for drug/alcohol testing. b. Maintains concise records and documentation of participants. Initiates violation and revocation reports as required. c. Assists participants,to the extent that is reasonable and/or desirable, in meeting program requirements to allow successful completion. d. May require appearances before the County Parole Board or the courts to testify as to the status of designated participants. e. A Sheriff's Specialist does not have Peace Office 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. I-1. Sheriffs Aide- Under the direction of the Facility Sergeant, an Aide perforins 2 /o 'ld o7 duties in all areas relating to the screening, interviewing, booking and counseling of Work Alternative Program participants. a. Schedules participants at designated work sites,verifies program attendance maintains records and files and coordinates program functions with new or existing work sites. b. A Sheriff's 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. I. 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 support all Custody Alternate Facility activities. and their duties are necessary for the orderly and efficient operation of the Custody Alternative Facility. a. Collects and deposits all Custody Alternative Facility revenues received directly form participants or through the mail. The clerks will generate a receipt for all transactions. b. Enters all application/participants data and court commitments into JMS. Reviews all commitments for accuracy and eligibility.Makes sure the court documents corrtain a Promise to Appear and the court docket contains a judge's signature. Maintains associated program records and files including out of custody transfers. c. Generates and maintains records and tiles pertaining to Orders for Arrest. d. Answers all telephone calls, makes contact with all visitors and schedules all Work Alternative Program applicants for office interviews. e. Establishes and maintains active booking files. Enters appropriate data into the Jail Management System. f. Orders and maintains adequate operating supplies. Assists in the shipping and receiving of program equipment. g. Custody Alternative does not maintain a petty cash fund. J. Account Clerk- Under the director of the Director of Support Services the account clerk is responsible for the daily maintenance of Custody Alternative Facility's financial and accounting functions. a. Initiates daily reconciliations of Custody Alternative Facility Revenues b. Generates and maintains statistical records and reports. c. Maintains accounting ledgers and 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 l.'acility Lieutenant or Sergeant. Generates a daily fee revision report. Handles program fee refunds as approved by the Facility Lieutenant or Sergeant. 3 e, Maintains staff timekeeping records 4 Contra Costa County CCCSO NUMBER: 2.01 Offi :c of[lie Sherill RELATED ORDERS: General Pohcy and Procedure Custody Services Bureau Policy 1-2 Custody Alternative.Facility ISSUE DATE: : 6-1-2006 " ` CLEARANCE: Office of the Sheriff REVISION DATE; m CHAPTER:`Custody Alternative Facility SUBJECT: Security of Funds I. Policy: All monies collected at the Custody Alternative Facility are to be secured at all times and accounted for. All inmates will receive a receipt for any financial transaction. 1.1.. Definitions. Classification of Funds: The Lead Clerk/designee will at the beginning of each day verify the previous days transactions and produce the cash receipt ledger reports by way of the Jail Management System. Each day the cash will be removed from the cash drawer and safe. The Clerk will balance the monies against the case receipt ledger reports. .111. General. A. Discrepancies will be brought to the attention of the Lieutenant and Sergeant immediately by the Account Clerk. B. A deposit slip will be prepared and monies bundled/placed in a transfer bag to be delivered by a Deputy Sheriff each morning to the Sheriffs Fiscal unit located on the 6°i floor of 651 Pine Street in Martinez. The money should arrive before 8:30 a.m. C. Inmates who are delinquent on their accounts will be sent to the Office of Revenue and Collections. Sheriff's Fiscal will also take the necessary steps to ensure all fees owed are collected. Senior Clerks: Senior Clerks will receive payments for program fees. Monies collected for the program will be for the exact amount. All monies collected will be entered into JMS management plan and a receipt will be generated and given to the individual. A. Personal checks will not be accepted a. The American Express card will not be accepted b The Discover Card will not be accepted B.Distribution of JMS receipts will be as follows: a. White copy- inmate participant b. White copy-accounting file c White copy—case manager file d. The money and the receipt will be placed into the drop box. 5 D. Electronic Home Detention/County Parole. Before their scheduled office visit(s)participants will pay their program fees and will be given a receipt. One copy will be given to the case manager with the exact amount the inmate/participant paid. E. Work Alternative Revenues At the conclusion of a participant's interview and enrollment, the caseworker will escort the im-nate/participant to the lobby. The Senior Clerk will conduct the fee transaction using the work schedule contract. The work contract will be given to the participant upon acceptance of fees. F. Early Release Revenues for Inmates taken out of custody. a. When fees are due from an inmate account,the releasing facility will obtain a completed Inmate Cash Authorization form for the owed amount of fees to the Custody Alternative Facility. The release clerk will issue a check for the fee amount made payable to"Custody Alternative Facility" and give the check to the Custody Alternative Facility staff member escorting the inmate from custody. b. Custody Alternative Facility staff receiving the"fee check"will sign and date the cash authorization form as the person receiving the money c. After Custody Alternative Facility fees are deducted from the applicable inmate account the Release Clerk will release any remaining funds in the normal manner. G. New Application Fees. The Senior Clerk who receives new applications fees will assign a case manage plus generate a receipt from JMS management plan. The accounting receipt and the fee will then be deposited in the drop box. H. Pettv Cash Account The Custody Alternative Facility does not maintain a petty cash account. 1. Access to the Safe: The Facility Sergeant, or designated Senior Clerk(s) have the combination to the SAFE. J. Collection of unpaid Fees: Inmates are required to pay all necessary fees. Inmates who fail to pay the full amount owed the Custody Alternative Facility while enrolled in any program will have their accounts turned over to the Office of Revenue Collection. The case manager will prepare the necessary documentation for review by the Sergeant. The documentation will be sent to: Herman Barrios, Account Clerk. Office of Revenue and Collection 2530 Arnold Drive Ste 350 94553 6 C� CCCSO NUMBER: 3.01 Contra Costa.County Office of tr�,Sher:iff RELATED ORDERS: . ....::..... Custody Services Bureau Policies C.A.C. 2-5109.2-5273.2-5326.2-5433 2-5344.2-5345.2-5347.2-5351.2-5360. General Policy„and PPocidure 2-5273.2-538l. Custody Alternafive':Facility M.S. 1041..1050 ::.. P.0. 815.8536.1203.4004.4019.4024.2 4030. ISSUE DATE: : 6-1-2006 CLEARANCE: REVISION DATE: Office of the Sheriff CHAPTER: Custody Alternative Facility SUBJECT: Work Alternative Program Policy: The Office of the Sheriff is dedicated to maintaining a responsible and effective Work Alternative Program. The Program is designated to ensure offender/participants satisfy their court sentences without incarceration through work assignments at various community sites contracted with the Office of the Sheriff,thus allowing the continuation of their regular employment and family responsibilities. General Information: Valid Bookie Authority I. Commitment-A commitment must contain the following information: ■ Defendant's name ■ Charges ■ Sentencing judge's name(signature)and sentencing court name. ■ Court seal or filing stamp ■ Sentencing date and length of sentence ■ Conditions of sentence, concurrent, consecutive sentence, credit for time served. ■ Commitment must be an original or certified copy. Photocopies are not acceptable. Fax copies may be used pending delivery of an original or certified copy. II. Out of County Commitment 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 origination county. ■ Court Seal • Sentencing Date Length of sentence ■ Conditions of sentence, concurrent consecutive sentence, credit for time served. ■ A statement on the court docket that the inmate/participant can do their sentence in Contra Costa County. ■ The transferring agency must submit written approval before the transfer. 7 III. General Information- Inmate Appointment: At the time of sentencing,the convicted person is advised to arrange an appointment with the Work Alternative Program staff by telephone or by appearing in person at the Custody Alternative Facility. There will be fees involved that must be paid in cash, cashier's check, money order or credit card. American Express and the Discover Card are not accepted. N. General Information-Program Fees. Fees paid by the Inmate/Participant help offset program operating expenses. These fees are non-refundable. The following are a list of fees. ■ $100.00 Application fee ■ $10.00 Daily maintenance daily fee for adjusted sentence ■ $100.00 Rescheduling fee(if applicable) ■ $10.00 Rescheduling fee for missed days(if applicable) ■ $20.00 Recalled Order for Arrest(administrative fee if applicable) ■ $5.00 Duplicate copy of work contract(if applicable) Participants are required to pay program fees. While most participants will have the ability to pay, those who state they cannot are required to complete a Fee Waiver form containing a short budget analysis to determine if fees should be waived or reduced. The burden offproof rests with the Inmate/Participant to provide the necessary proof. Program fees may only be waived or reduced with the approval of the CAF Lieutenant or Sergeant. General Information-Worksites The Work Alternative Program has signed contracts with numerous State, County, City and non-profit organizations to supply non-skilled workers for an 8 to 10 hour workday. The work sites supply insurance, supervision,transportation from a pick-up location, and a safe and hostile free working environment. The Work Alternative Program staff screens applicants and then schedules the number of participants requested at that time. The work site supervisors are not police officers and are not required or expected to act as such. General Information-Program Eligibility. All individuals are eligible to apply for the Work Alternative Program except those convicted for sex crimes against minors, a felon sexual crime, arson, acts of violence against police or emergency personnel, a violent felony crime, a stalking crime,three or more violent crimes, manufacturing of illegal drugs, or charges pending that if convicted would make the person ineligible. Existence of one or more of the following conditions may also be cause for denial. ■ More than 30 days left to serve on the sentence. ■ Major medical problems making it impossible to find an acceptable worksite. ■ A history of institutional misconduct. ■ Intoxication at the time of the booking interview or under the influence of drugs. ■ Failure to follow the rules and regulations of the Work Alternative Program. ■ Violation of law or probates as indicated on the commitment. ■ An incomplete application or refusal to provide the required information. ■ Involvement in major drug sales and/or possession of large quantities of drugs. ■ Facts of the committed offense. General Information-Booking: The booking interview will generally be completed in the order of a scheduled appointment. Participants are required to neatly and thoroughly complete an application form and to sign it. The participants are required to wait in the lobby area until directed to the interview area. Participants are required to bring their own translator to the interview. The translator must be 18 years of age or older. Participants are not allowed to have backpacks or 8 C 7S 71 /d-iA 6� briefcases in the booking area. Participants will be escorted at all times by the case managers while inside the facility. Booking Information In order to ensure a positive identification of the person being booked, the following information will be obtained during the screening process: ■ Name and aliases ■ Date, duration of confinement and a copy of the court docket. ■ Specific charges ■ Age, Sex,Date of birth, place of birth ■ Race or ethnic origin ■ Present or last place of employment ■ Health status, or mental health needs, or physical limitations that would affect the inmate's ability to work ■ Emergency contact to include name, address, phone number ■ Drivers license, social security, scars, marks, or tattoos ■ Other informational sources as necessary concerning special custody requirements (Classification,JMS) ■ Signature of applicant ■ Booking photo ■ Fingerprints. Acceptance and Assignment Process: The following will be completed during this stage of the process: ■ Verification of court commitment papers as legal documentation regarding detention and participation in the program ■ Check the application for completion and signature of the applicant ■ Verify the participant's identification ■ Collection of any pertinent medical limitations ■ Booking photo ■ Book applicant into the Jail Management System ■ Fingerprints will be taken using the Live Scan Machine ■ Orientation of program rules and expectations at the worksite ■ Entry of participant's name and date of birth on the working copy of the worksite roster and the days agreed to on the contract ■ Have the participant sign and date the Program Rules form, and issue a copy ■ Give the following verbal reminders: a. Be on time b. Wear appropriate clothing for the work site; rain or shine c. Bring a lunch and a copy of the contract d. Have a positive attitude e. Workdays will run 8 to 10 hours f. No weapons, drugs or alcohol g. Do not show up to the work site under the influence h. No cell phones,pagers,palm pilots or other electronic devices Contracts cont: The work site personnel do not have the right to change the contract. if a participant misses a scheduled workday,the inmate/participant should complete the remainder of the contract and follow the directions outlined on the form and verbally explained by the case manager. A rescheduling fee of$100.00 dollars is assessed for all unexcused absences from the work site, plus $10.00 dollars for each day rescheduled. Rescheduled days will be arranged at the discretion of the Work Alternative Program staff within a reasonable time. 9 General Information: Computing Sentences: 1. The clerk will calculate the sentence to reflect the appropriate fee at the time the scheduled appointment is entered and made in the Custody Alternative Database. 2. Commitment papers received from the courts are maintained in the booking folders and must contain the following information: ■ Applicants name ■ Court Docket ■ Promise to Appear ■ Length of sentence ■ Court credits ■ Consecutive or concurrent sentence ■ Date sentence is to start ■ Judges signature ■ Court seal or filing stamp and department 3. Prior to computing the released date, staff will review the commitment papers carefully to determine the following: ■ Date sentence starts ■ Length of sentence ■ Credit for time served ■ Concurrent or consecutive(concurrent runs at the same time while consecution starts the day after the other sentence ends.) 4. All sentences are considered concurrent unless the commitment states otherwise. When a participant is active in the program, all additional commitments received will be considered concurrent unless the commitment states otherwise. General Information: Good Time/Work Time 1. Good Time and Work Time Credits will not be given to inmates on the Work Alternative Program or to inmates enrolled in the County Parole Program. Inmates on the Electronic Home Detention Program receive good time/work time credits. All inmates will receive Court credits. Receiving Commitments: Commitments received from the courts will be processed in the following manner: ■ Clerical staff will time stamp the commitment. ■ Clerical staff will make sure the court docket contains a signed Promise to Appear Form ■ Clerical staff will have the Sergeant or Lieutenant review the commitment and initial for the appropriate program. ■ Clerical staff will enter the docket into the CAF database and call the inmate to schedule an appointment • Clerical staff will open a brown folder on the inmate with an appropriate appointment date. ■ Clerical staff will ensure all files receive a two-week tickler date for review. ■ Clerical staff will give the daily files of inmates who failed to make an appointment or keep appointment to the Sergeant or Lieutenant for review and issuance of an Order for Arrest. The courts will, on occasion, modify the sentence or probation of inmates on the Work Alternative Program. Aides and Specialist will place the updated information in the current file. If an inmate is not on the program,the documentation will be returned to the appropriate court with a cover letter explaining the individual is not on the program. The proper handling of these modified commitments is essential to ensure the program participants receive the correct credits. 1.0 Fingerprinting: All inmates will be fingerprinted using the Live Scan Machine. The prints will be transferred electronically to Central identification Services. Central Identification Services will call CAF immediately should any issues arise. 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, cashier's check (payable to CAF or the Sheriffs Office). We accept credit cards. We do not accept the Discover Card or the American Express Card. Applicants will be advised that program fees are non-refundable. Fees that are still owed after completion of the program are sent to the Sheriff s Fiscal Unit and to the Office of Revenue and Collection for payment. If an applicant fails to bring the required fees to the interview, the following will occur: ■ The case manage will establish a mutually acceptable date when the applicant can make the payment, no more than two weeks in the future. The work contract will be given once the fees are paid. ■ If a fee schedule cannot be agreed upon the applicant will complete a fee waiver form to be submitted with the appropriate documentation. The burden of proof rests with the applicant to prove indigent status. Tile Sergeant or Lieutenant will review all documentation. ■ The inability to pay is not a violation of the program rules. A fee waiver can only be approved by the Custody Alternative Lieutenant or Sergeant Assignment and Scheduling of Work Sites: Custody Alternative will assign Work Alternative using the following criteria: ■ Medical and physical ability of the applicant. The start date of work assignments may be postponed due to a temporary illness or injury. ■ Choose the closest worksite to the applicant's residence. ■ County work sites ■ State work sites ■ City work sites ■ School Districts ■ Regional Parks ■ Small work sites ■ Large work sites Scheduling Workdays: The Custody Alternative staff will normally schedule workdays in the following manner: ■ Participants are nonnally expected to work three(3)days a week. ■ Participants with five (5)days or less will nonnally be assigned during weekdays and may be scheduled to work one(1)day a week. ■ Participants with six(6)days or more will normally be assigned weekends as well as weekdays and are expected to work three days a week. ■ Unemployed participants will normally be assigned to work during the weekdays. Exceptions to these rules may be necessary to accommodate participants with special needs or medical related issues. The inmate must provide verification that the participant will lose their job if required to work weekdays. Keep in mind the inmate had to leave work to make court appearances. 11 Rescheduled Appointments: The Custody Alternative staff will normally reschedule workdays in the following manner: ■ if the participant is being rescheduled for verified and valid absences such as sickness, a death in the family, or emergency medical appointments,the staff will follow the same guidelines as the initial interview. The participant is required to bring documentation regarding their absence from the worksite. ■ If the participant is being rescheduled for absences that are not valid, the scheduling will be done to accommodate the program and not the participant. Work Verification: The worksite supervisor verifies attendance by having the participants sign a daily work site roster that is maintained at the work site. In addition,the work site supervisor places his/her signature on the inmate's work contract to indicate that 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. Each day the worksite supervisor will fax in the worksite roster to the Custody Alternative Facility. Each day case managers will compare the work site rosters against the participants work contract. Completed attendance and/or absences are recorded on the contract. Custody Alternative Staff will contact work sites that have not sent in their daily roster. Those individuals who complete all their scheduled workdays will have their contracts marked completed by Custody Alternative Staff and will be"time served" in the Jail Management System. Participants who have unexcused absences will receive one opportunity to reschedule missed days. If any reschedule days are missed, violators will receive a phone call indicating an Order for Arrest will be issued. 12 C 7f /0 CCCSO NUMBER: 3.01 Contra-Costa County m_.' RELATED ORDERS: Office 6ft� e Sh=eriff M.S. Title 15 Section loco Penal Code Sections General Policy and Procedure 815,830.1,840,1203.016,1208.2,1208.5 ISSUE DATE.:,..6.x.01-2006 CLEARANCE: Office of the Sheriff REVISION CHAPTER: SUBJECT: Custody Alternative Facility Electronic Home Detention Electronic Home Detention I. POLICY. A. The Sheriffs Office commitment to utilize resources to their highest potential necessitates a strong progressive Electronics Home Detention Program which maximizes alternatives to traditional incarceration while ensuring public safety. The Electronic Home.Detention Program provides for public safety,maintains judicial confidence, and allows the offender/participant to be a contributing member of society while completing their court sentence. II. GENERAL INFORMATION. B. The Electronics Home Detention Program allows selected individuals who are sentenced to a County Jail commitment to participate in the home detention program administered by the Office of the Sheriff. The home detention participant is closely supervised utilizing personal supervision and electronic monitoring equipment. The program is voluntary and participants are given the opportunity to apply via a court referral. Participants are limited statutorily to those defined under section 1203.016 of the Penal Code and are screened ensuring they meet the programs selection criteria. Applicants are selected who 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 the appropriate support to be successful. Safety to the community is paramount. The support afforded by the program is essential to prompt participants to be more productive and to develop a self-reliant lifestyle that could curb recidivism. Participants pay for their own care as well as program administration and supervision costs. General Information Program Overview The Electronic Home Detention Program is considered a constructive custody situation with participants being accountable for all of their time. The baseline is twenty-four(24) hours home detention. Program participants may only leave their residence for work, school and other pre- approved necessities of life. 13 -16-07 Pre-Sentenced Electronic Home Detention Pre—Sentenced Electronic Home Detention was developed to allow flexibility for the judicial system to place unsentenced individuals on electronic monitoring as a condition of release on their own recognizance(O.R). Defendants must apply for the pre-sentenced Electronic Home Detention Program from custody and if accepted, they will be granted a release on their own recognizance by the judge. Before being released,the case manager will conduct a thorough investigation to determine suitability for the program. The Custody Alternative Lieutenant or Sergeant will review the findings and notify the court. Individuals will be placed on pre-sentenced Electronic Home Detention as stipulated by a court order if deemed eligible by the Office of the Sheriff. The following pending charged crimes may exclude program participation: ■ Sex crimes against a minor ■ Felony sex crimes ■ Arson ■ Manufacturing illegal drugs ■ Acts of violence against the police or emergency personnel ■ Any violent felony crime as defined in Penal Code Section 667.5 (c) ■ Any serious felony crime as defined in Penal Code Section 1192.7 ■ Stalking crimes ■ Violation of court orders ■ Domestic violence ■ Three or more crimes involving violence ■ Additional pending charges in any other court ■ Violations of Vehicle Code Sections 2800.2 and or 2800.3 Program admission may be denied by the Court or the Custody Alternative Facility staff on a case- by-case basis if the investigation discloses the applicant has been convicted or shows evidence of any of the following: ■ Involvement in major drug sales and or possession of large quantities of illegal drugs. ■ Failures to appear and failures while on probation or state parole or other out of custody programs. ■ Addiction to drugs or alcohol ■ Mental disorders ■ Escape Risk ■ History of institutional misconduct ■ Gang membership or affiliation ■ Out of county holds ■ Alleged prior"strike"convictions ■ Such other factors as determined by the Court or the Custody Alternative staff that may apply to a particular case. All individuals violating the terms,conditions, and requirements of the program will be removed, and may be immediately arrested and returned to physical custody. Electronic Home Detention cont: In order to maximize options,the sentencing judge, as a condition of participation in the program may require a waiver on the court record of all custody credits covered under Penal Code Section 2900.5 that would accrue while the defendant is on this program. The District Attorney will be given two court days notice of the Court's preliminary detennination of program eligibility on any felony and they will have the opportunity to appear in court and argue against referral to this program. This will occur before any,referral to Custody Alternative. Defendants on this program will consent to warrantless search and seizure by law enforcement personnel. The Court 14 will develop and utilize a minute order that will provide for an Own Recognizance(O.R) release upon acceptance into this program. This will be created at the time of the court order and it will be forwarded to Custody Alternative. It will contain a recitation of the O.R.understanding and the credit waiver. Fees will be assessed in accordance with current Custody Alternative Policy. No good time/work time credits will be given to Pre-Sentenced Electronic.Home Detention participants. General Information: Eligibility Criteria ■ Low risk, minimum-security offenders who are sentenced on all in-county charges, and have not been denied or restricted participation by the courts. ■ Upon application for Electronic Home Detention, applicants who have been sentenced must have a commitment of at least thirty-one(3 1)nets days to be eligible. ■ Applicants must be a Contra Costa County resident or live within reasonable travel distance from the county border and have a telephone and residence. ■ Individuals with the following convictions may not be eligible for the Electronic Home Detention Program: a. Sex crimes against minors b. Felony sexual crimes c. Arson d. Manufacture of illegal drugs e. Acts of violence against police or emergency personnel f. Violent felony crimes g. Stalking crimes h. Three or more violent crimes i. Pending charges in any court that if convicted would make the individual ineligible Applicants who display the following may not be eligible for the Electronic Home Detention Program: a. Uncooperative nature based upon history of mental instability, and habitual social misconduct b. Addiction to illegal drugs or alcohol c. Possession of weapons or illegal drugs in jail d. Major drug dealer e. Gang association and membership f. Felony driving under the influence g. History of violence h. Failure to appear in court for other court ordered programs. i. Flight risk, escape from confinement, parole, probation or other Custody Alternative violations j. Child abuse k. Evidence of deviant or strange behavior of a serious nature 1. Prior history of any of the above The Custody Alternative Lieutenant or Sergeant may make expectations when circumstances clearly warrant such actions. 15 General Information Good time/Work time Participants enrolled in Electronic Home Detention will receive Good time/ Work time credits. (Attorney General Opinion No 01-807, June 3,2002) Applications for Electronic Home Detention Participation. Individuals wishing to apply for Electronic Home Detention must be sentenced on all pending criminal charges. Exceptions may be made for minor traffic matters. Applications received from individuals who are not sentenced on all pending criminal charges will be"Den ied/Unsentenced". The individual may later request that the file be reopened without submitting a new application when all charges are adjudicated. Individuals already sentenced but with a stay of execution may make an application for participation in the Electronic Home Detention Program. Applications are available at the following locations: ■ Custody Alternative Facility 1011 Las Juntas Martinez, CA 94553 ■ Martinez Detention Facility 1000 Ward Street Martinez, CA 94553 ■ West County Detention Facility 5555 Giant Highway Richmond, CA 94806 ■ Marsh Creek Detention Facility 12000 Marsh Creek Road Clayton, CA 94517 Applications may also be obtained at the Courts, Probation, District Attorney and Public Defender's Office. Completed applications can be delivered to the Custody Alternative Facility in person or by mail. Applications to include out-of.--county transfers must be accompanied by the following: ■ The application fee ■ A copy of the relevant probation report/and or police report. (when practical) ■ A copy of the court-sentencing document. (when practical) The non- refundable fees include: ■ $100.00 Application Fee ■ $13.00 Daily maintenance fee(minimum up to one hour gross pay per day) ■ $1.5.00 Fee to obtain police report(if applicable) ■ $14.00 Fee for urinalysis specimen testing(if applicable) ■ $20.00 Recalled Order for Arrest(if applicable) Applications received at the Custody Alternative Facility Applications will be tirne stamped by a Clerk on the day the application was received at Custody Alternative. The Sergeant or designee will review the application and ascertain eligibility by confirming the following: 16 ■ Applicant is sentenced ■ Applicant meets eligibility criteria ■ Applicants have at least thirty-one days(31.)net sentence to serve The Clerk assigned to Electronic Home Detention will log in the application in the CAF database and assign a number to the case. The notes will reflect the date the application was assigned. The case will be assigned to a Specialist for investigation and evaluation. The case manager will set an interview date and time and notify the applicant. Out-of-County Commitments: An out-of-county commitment must contain the following information: ■ Defendant's name ■ Charges ■ Sentencing Judges name and signature ■ Sentencing Court name and the name of the originating county. ■ Court seal ■ Sentencing date ■ Length of sentence and court credits and credit for time served ■ Conditions of sentence(concurrent/consecutive) ■ The docket must state the sentence may be served in the Contra Costa Custody Alternative Program. ■ Written approval for transfer must be received from the transferring agency. (Applicants must be acceptable to the referring agency) Processing the Application: Upon receipt of a new application,the case manager will conduct a thorough background investigation on the application to determine suitability for the program. ■ The case manager will confirm the applicant has signed the application before beginning the background investigation. ■ The case manager will confirm the applicant has no pending charges, warrants,Judge's program denial or holds that would preclude the applicant's participation. ■ The case manager will request a copy of the police report and/or probation report when practical. ■ The case manager will check LJIS, Criminal History,JMS, DMV, Restraining Orders,Classification, State Parole, Probation and conduct a warrant check. The case manager will have a Deputy conduct a pre-home inspection before enrollment. (when practical) ■ The case manager will contact the sentencing Judge, Probation Officer, arresting agency,victim(s)or other custody staff for Custody Alternative recommendation. ■ The case manager will set an interview appointment and make telephone contact with the applicant. ■ Tile case manager may contact the employer and/or school to verify employment, enrollment and attendance. 17 ■ The application process will generally take a minimum of fourteen(14) calendar days to complete. The case manager will 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. Interviewing the applicant. The case manager will conduct a thorough background investigation to determine suitability for the program. The in depth analysis will enable the case manager to make a determination of the applicant's willingness to abide by the rules and regulations of the program. The interview with the applicant will include the following: ■ The applicant will provide a current pay stub or other evidence of wage status to determine the appropriate weekly fees. • A complete job description in writing to include work hours, days off and scheduled overtime. ■ A detailed transportation plan in writing ■ A budget statement for verifying the applicant's wage earnings and capabilities. The information will not be used for approving or denying the applicant based solely on their ability to pay. ■ The case manager will discuss the circumstances of the case to determine if there is a potential for continued criminal activity. ■ The case manager will discuss the need for the applicant to attend N.A and A.A meetings and the documentation necessary to verify compliance. ■ The case manager will discuss any specific issues or concerns the applicant may have regarding the Electronic Home Detention Program. ■ The case manager will pre-book the applicant and obtain a urine sample to determine any substance use. ■ The case manager will discuss the terms and conditions of the Electronic Home Detention Program with the applicant and explain the basic operation of the monitoring equipment. ■ The applicant will be required to sign that lie/she understands the Electronic Home Detention Program rules. Reviewing the Application The case manager will make a determination of the applicant's acceptability for enrollment based upon a set of documented,objective criteria. The criteria is based on an assessment in general categories including, but not limited to the following: a. The sentencing Judge has specifically ordered that the applicant may not apply for the Electronic Home Detention Program. The Judge may at a later time order a participant be removed from Electronic Home Detention. 18 b. Administrative policies that may disqualify the applicant, including those crimes listed as not acceptable. c. There are other pending charges other than minor traffic offenses. Any exceptions will be handled on a case-by-case basis. d. Out-of County holds other than minor traffic offenses. Any exceptions will be handled on a case- by-case basis. e. Safety of the community f. Criminal history, including failure to appear and failures while on probation and parole. g. Facts of the committed offense. h. A verifiable/suitable local residence i. Appropriate telephone and electrical connections in the residence to include a residence that is suitable for human habitation. j. Adults residing with the program participant must agree in writing to accept the use of the Electronic Home Detention monitoring equipment in the residence. k. Past program, failures or rejections will be evaluated on a case-by- case basis. 1. Employment history and a willingness to comply with the work requirements are key elements of the Electronic Home Detention Program. m. Individuals with state prison commitments are not eligible for Electronic Home Detention n. Gang membership/affiliation or escape risk o Involvement in major drug sales and/or possession of large quantities of drugs. General Information: Suitability for the Electronic Home Detention Program Not all eligible applicants are suitable for the Electronic Home Detention Program. Some applicants show personal characteristics that are influenced by environmental pressures, which render them incapable of completing the Electronic Home Detention Program satisfactorily. Others may not be motivated to expend the necessary effort required for satisfactory participation. The applicant's responses to the interview, background investigation and completed application contribute to the applicant's approval or denial for Electronic Home Detention. Adverse public reaction or a lack of responsibilities to include job, school, and family may result in a decision to deny the Electronic Home Detention Program for applicants who are otherwise eligible and suitable. During the investigation process, an applicant should provide information either written or verbal giving the case manager insight into the applicant's suitability, nature of their current employment, employment history, and stability within the community, financial situation,transportation arrangements, medical history and family responsibilities. The interview process is designed to identify areas of concern the applicant may have about their ability to conform to the Electronic Home Detention Program. The case manager will make a determination of the applicant's commitment to provide an acceptable degree of compliance to the terns and conditions of the program and will review all of the pertinent information of the applicant to assist in rendering a program recommendation. Applicants for the Electronic Home Detention Program will be evaluated on a case-by-case basis using the following criteria: a. The applicant must be.a.willing participant. 19 21.4'°7 b. The applicant must be employed or capable of obtaining gainful employment within a specified time 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. Practical discretion will be used to avoid jeopardizing the applicant's employment. d. The nature of Electronic Home Detention requires that the whereabouts of program participants must be known at all times. e. Applicants with employment requiring them to change job sites during the workday with no set route or schedule may be deemed unsuitable. f. Applicants with employment hours that vary widely or split shifts may also be unacceptable because of added monitoring requirements. g. Carefully evaluate applicants with self-employment where there is no established place of business, office or base of operation.. Allowances may be made for persons with established and or documented history of self-employment. h. Applicants who are employed or offered employment by relatives will be carefully evaluated to determine if the employment is reliable. i. Employment must be within a reasonable distance of the applicant's residence. j. The applicant must have suitable transportation and is required to have a valid California Driver's license, insurance and vehicle registration. k. If someone else is driving an applicant,the designed driver must meet the same requirements as above. 1. The applicant must provide a detailed transportation schedule if utilizing public transportation. in. The applicant must possess sufficient maturity and capacity for self.- control to enable him/her to comply with the conditions of the program. n. Applicants at the time of application must have at least thirty-one(3 1) net days to serve on their sentence. o. The court will require an applicant to report to the Custody Alternative Facility two weeks(2) from the date of sentencing. Exceptions will be evaluated on a case-by-case basis. p. Discrimination based on sex, race, creed or national origin is prohibited. q. The Electronic Home Detention case manager will detail their recommendations on the investigation form. General Information Denied Applications: The Custody Alternative Facility Sergeant or his/her designee will review all denied files and return the file with his/her recommendations to the case manager for further processing. Case managers may not make a detennination of"denied"accept under the following guidelines: 1. The applicant is denied participation in the program by the sentencing judge. 2. The applicant has been convicted of a crime rendering him/her ineligible for Electronic Home Detention. Such denials are subject to conditions, which may change. The case manager will forward written notification to the applicant specifying that they are denied pending a change in the circumstances causing the denial. The applicant may request a reevaluation of the application. 20 3. In such cases, the case manager will render the disposition and forward the file to the Custody Alternative Sergeant for review. Applications may be referred to County Parole, or processed for transfer to a reciprocal agency. The Custody Alternatrive Lieutenant or Sergeant must approve all referrals or denials. Denied Applications: When an applicant is ineligible, unsuitable or unacceptable based on an investigation and/or recommendation by the case manager the following will occur: a. The Custody Alternative Facility Lieutenant, Sergeant or designee, will list the reasons for the denial individually. The file will be returned to the case manager for further processing. b. The case manager will send a denial letter to the applicant specifying the reasons for the denial along with a jail turn—in date. The file will then be submitted to the Electronic Home Detention Clerk for further processing and filing. c. The sentencing court will be notified of the denial or if an Order for Arrest is issued for Failure to Comply or Failure to Appear. d. The CAF database will be updated to reflect the most current information regarding the case. Denials- The Appeal Process: 1. If a case manager recommends denial,the Custody Alternative Lieutenant or Sergeant will be contacted for concurrence. 2. If denial is upheld,the case manager will prepare a denial letter detailing the specific reasons why the applicant is denied the program. This letter will include the applicants appeal rights. The denial letter may be given to the applicant if present, or it may be mailed. 3. If the applicant is present,the following may occur: a. The applicant may be taken into custody at that time if the Lieutenant or Sergeant deem it necessary. b. The applicant may request an appeal with the Sergeant at this time. c. An appeal date will be automatically assigned to the denial letter. d. A sentence modification by the court will not be entertained until the defendant has exhausted his/her administrative remedy through this appeals process. e. The applicant's first line of appeal is the Custody Alternative Facility Sergeant who will meet with the applicant on the appeal date. General Information. Evaluation of Applications: There are four(4)acceptable decisions when evaluating an application for the Electronic lJome Detention Program. The decisions are as follows: a. Approved b. Approved pending some future occurrence of compliance. c. Denied d. Denied pending a change in the circumstances for the denial. 21 G! 7e/P Approved Applications: When an applicant is acceptable for participation in the Electronic Home DeOntion Program, the case manager will ensure that the following procedures occur: 1. Schedule the applicant to appear at the Custody Alterative Facility on the specific commitment day and time for booking and processing. Approved applicants will be enrolled in the program as soon as possible. 2. If the applicant does not have a specific commitment date, schedule the earliest possible date and time convenient for the booking and installation of the Electronic monitoring device. 3. Case Managers will complete the booking process using the Jail Management System. (JMS) 4. The applicant will sign the following forms: a. Electronic Home Detention agreement b. Electronic Home Detention receipt c. Budget/financial statement d. Field supervision log e. Tenant agreement to include joint tenants and individuals living at the residence. f. Fingerprint the applicant using Live Scan and transmit the prints electronically to CIS to verify identification. 4. The Case Manager will complete the Electronic Home Detention Electrical hookups per the manufacturer's instructions to include the following: a. Data entry of schedule by the case manager b. Anklet installation and confirmation of function status c. Initialization of the home receiver d. Collection of fees equivalent to the first and last week total and the application fee. e. Test of the telephone and electrical connection if necessary. f. Connection of the receiver as required with function test. 6. Give a copy of the account log to the CAF Account Clerk ensuring accurate accounting of all fees due and/or receivable. 7. The Electronic Home Detention case manager will send written notification to the sentencing judge and local law enforcement regarding the applicant's enrollment. Applications pending approval: 1. An application may be approved pending compliance with certain criteria on the part of the applicant or on the part of other involved parties. An application may be conditionally approved based on the following: a. Pending the employer's cooperation b. Pending the Probation report c. Pending physiological testing d. Pending any other necessary considerations, deemed significant by the case manager or the Custody Alternative Sergeant. 2. Before any conditional applications are accepted,the following may occur: 22 G•7�to/�-off a. An approved letter will be sent to the applicant with the specific stipulation and a copy will be sent to the Probation Officer b. A letter will be sent to the sentencing judge/court outlining the listed stipulation. Applications by students: Electronic Home Detention may be permitted for students who desire to continue their education while participating in the program. The following guidelines will be considered: a. Case managers will obtain additional information from the applicant to include copy of transcripts from the applicable schools and from schools previously attended, and a computer printout of a current class schedule. b. Applicants may be required to provide documentation of consistent attendance including a class grade earned. c. Applicants are encouraged to maintain gainful employment, even part-time while attending school. d. Applicants enrolled at campuses maintaining their own police agency, the case manager may notify the agency of the applicant's participation in the Electronic Home Detention program. e. Full—time attendance(12 semester units) is considered the standard. f. Classes will be evaluated to determine their appropriateness and consistency with the efforts of the participant to enhance or better their level of education. Other Purposes Electronic Home Detention may be permitted for other reasons, which must be verified as necessary and reasonable. The reasons must be consistent with the program philosophy regarding a productive and/or necessary purpose. Some include the following: a. Childcare that cannot otherwise be reasonably provided. b. Necessary medical care that cannot be practically afforded or administered in the county's detention facilities. SUPERVISION OF EHD PARTICIPANTS: 1. The case manager's primary responsibility is the supervision of the program participants. They will assist other case managers as necessary. 2. 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 utilized to assess program compliance. No longer than two weeks should elapse between office visits. During these sessions the case manager will conduct the following: a. Obtain and verify any required documentation of program compliance for attendance at school,Narcotics Anonymous or Alcoholic Anonymous meetings b. Ensure and verify that the listed personal information is current. c. Obtain program fees 23 d. Initiate drug and alcohol testing e. Discuss and address, when practical, any areas of concern or issues. 3. The field Deputies will periodically verify program compliance by visiting the participants at work, home, school and counseling meetings to verify their schedule. Case managers will assist in this verification process. 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. The case manager will perform the following: a. Confirm that the applicant has provided all the necessary documentation during the interview and background investigation. b. Confirm that circumstances have not changed since the approval date (new job, residence, phone number, transportation, pending cases) c. The case manager will make the necessary referrals to Alcoholics/Narcotics Anonymous d. Ensure program fees are collected e. Review the applicant's schedule and curfew requirements. f. Ensure the participant has read and signed the Electronic Home Detention agreement. 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 and must provide verification when the crisis has passed. The participant is required to call the case manager and the On Duty Deputy's cell phone to report the incident and their whereabouts. 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 are maintained in the computer with a copy in the participant's booking. Curfew parameters are established on the first day of program participation and may be modified as necessary. Schedules will be printed out from the computer and placed in the participant's file when first enrolled and each time a permanent modification is made to the schedule. Schedules are designed to ensure participants are at their residence whenever not specifically authorized to be away. The participant's activities will be monitored to provide assurance of reasonable program compliance and appropriate supervision. Schedules will be established to provide adequate travel time to avoid unnecessary alarms or notifications for curfew violations. 2. Schedules will be discussed in detail with the participant to ensure they have a clear understanding of the program expectations. 3. Curfew is not meant to discourage any approved activity the participant may engage in under the following terms: a. The activity can be verified and is necessary b. The activity will benefit the participant financially c. The activity will benefit the participant educationally d. The activity will benefit the community. e. All activities over sixty hours(60)to include work, school, and counseling during the week will be given scrutiny by the case manager. 24 4. Case managers will make a reasonable effort to accommodate curfew modifications based on the following: a. Additional counseling sessions b. Programs of education that will benefit the participant c. Necessary medical treatment of the participant or a family member d. Overtime, whether required or not e. Applicant will notify the case manager at least twenty-four(24) hours In advance with all relevant information pertinent to the overtime to be worked to include exact hours, location and contact phone number for verification. f. Participants must advise the case manager and obtain approval prior to working any overtime. g. The case manager must verify an employer's request for overtime. h. Overtime that is mandatory and may jeopardize the participant's employment if not performed will be scrutinized and subject to verification. 5. Case managers reserve the right to deny curfew modifications under the following circumstances: a. The participant has failed to comply with the case managers 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 computers as soon as possible by the case manager. Any changes will be recorded in the participant's supervision log. 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., a medical emergency the participant may attend to the matter until the crisis has passed.The participant will then immediately contact the case manager. if it is after hours, the participant will contact the On-Duty Deputy and explain the crisis. The participant will also leave a voice message for the case manager. The participant will specify the circumstances of the emergency;the time the participant is expected to return home, a contact phone number and exact location. 9. The participant will provide verification in accordance with the case manager's or Deputy's instructions. GENERAL INFORMATION MONITORIN 1. The Electronic Monitoring System will monitor the participant twenty-four hours(24)a day, seven (7) days a week and 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 or not where their schedule indicates. d. Power failure alarm -the monitoring devise in the participants' residence is without power and there is no batter 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 allowing alarms and status changes to accumulate during those times staff is not available to immediately respond to them. 25 3. Case managers will check status reports of all assigned participants daily as soon as the case manager reports for work. During any absence,the case managers will arrange for another staff member to assume this responsibility. ELECTRONIC MONITORING VIOLATIONS: 1. Case managers are responsible for the immediate investigation and 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 Custody Alternative Facility Sergeant or Lieutenant of all major incidents. Major/serious incidents will be documented on an Incident Report Form and/or a Crime Report will be written and a new charge filed. 3. Curfew violations extending more than ten(10)minutes require the case manager to counsel the participant stressing the serious nature of the violation.. Such violations may constitute grounds for program removal. In all cases involving program removal, an Incident Report and or Crime Report will be prepared as supporting documentation. 4. Curfew violations may be grounds for program removal. 5. Any criminal violation will result in immediate program removal 6. An unauthorized tamper report may constitute grounds for removal from the program. In such situations,the case manager will conduct the following: a. Check the computer to verify if the reported condition still exists. b. Establish immediate telephone contact with the participant to resolve the issue. c. Establish the need for a CAF Deputy to respond d. Establish the need for an outside police agency to respond and assist. 7. When a case manage believes a violation necessitates the participant's return to custody the case manager will notify the Sera ant who will make the final decision. The Sergeant will direct the Deputy to respond to the location or obtain assistance from the local police agency if an arrest is warranted 8. When it is apparent that a participant has absconded from supervision, all electronic monitoring equipment shall be removed from the participant's residence. The case manager will docu vent the incident. The Deputy will write a crime report and charge the appropriate offense. The Custody Alternative Lieutenant or Sergeant will initiate a Sheriff's Order for Arrest(OFA)to return the participant to custody. OTHER VIOLATIONS: 1. Due to the custodial nature of the Electronic Home Detention Program, any type of controlled substance/alcohol use is prohibited. This includes the use of medical marijuana. Any participant who submits a positive test for a controlled substance or alcohol is subject to removal from the Electronic Home.Detention Program and/or the loss of good-time credits. 2. A positive test for drug/alcohol use will result in a crime report and/or incident report.The case manager will conduct an immediate review. The results of the review will be brought to the attention of the Custody Alternative 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 participants removal from the program. 26 a. A decision to counsel the participant may result in a re-evaluation of the required counseling needs, supervision parameters and frequency of testing to negate future positive tests. b. The participant may be returned to physical custody, if deemed necessary. C. If the Inmate is allowed to remain on the program, a disciplinary hearing will be held by the Facility Sergeant and good—time credits may be taken. 3. Arrest and/or removal from the Electronic Home Detention will be necessary and mandatory whenever a participant is a danger to himself/herself, a danger to others, or is likely to abscond from Electronic Home Detention. Case managers should always evaluate any violations to determine if modifications are necessary which would negate future violations. 4. ESCAPES FROM CUSTODY-(Section 4532 of the California Penal Code) An Inmate who is a participant in an early release pursuant to Section 4018.6, or is a participant in an Electronic Home Detention Program pursuant to Section 1203.016 who escapes or attempts to escape shall be prosecuted under Section 4532 of the California Penal Code. TEMINATION FROM THE PROGRAM: 1. Other than spontaneous type arrest situations, all arrests within the Electronic Home Detention program should be planned when practical, and approved by the Custody Alternative Lieutenant, Sergeant or Deputy Sheriff. 2. The sworn staff is authorized to arrest and return a participant to physical custody by the authority of the original commitment. An Order for Arrest (OFA) is not necessary. Staff must consider the inmate's attitude,the degree of past and present compliance, prior criminal arrest history and previous office and field contacts. If this action is taken, consideration shall be given to the safety of all individuals, involved to include the time, place and prior planning of any arrest. 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 by a Deputy assigned to the Custody Alternative Program,the Case Manager will ensure that all the equipment is inspected for damage, and the in-home monitoring device and all associated equipment shall immediately be removed from the participant's home. 4. Case Managers will schedule a date and time for the inmate to return assigned Electronic Home Detention Equipment upon completion of the program. If completion falls on a weekend or holiday, the next business day will be used. This date shall coincide with their .final program date. The Case Manager will allow the participant to make the equipment disconnections and bring the equipment personally to the Custody Alternative Facility. ELECTRONIC HOME DETENTION COURT POLICY: Applicants approved for the Electronic Home Detention Program shall be enrolled in the most expedient manner based upon equipment availability and time scheduling variations of the individual Case Managers. Case Managers will enroll no less than one inmate a day in the program. 1. At the time of sentencing, the court will indicate its referral to Electronic Home Detention on the face of the commitment. In addition, a copy of the commitment will be given to the defendant. The court copy will be sent to Custody Alternative Facility. 27 2. The court will cause the defendant to sign a Promise to Appear(PTA)form directing the applicant to contact the Custody Alternative Facility in two weeks (2)either in person or by telephone. The Promise to Appear must be signed and witnessed by the court bailiff or clerk before the defendant leaves the courtroom. A copy of the Promise to Appear will be given to the defendant and the original copy must accompany the commitment sent to CAF. A third copy is kept in the court file. 3. Upon receipt of the commitment and application, a thorough background investigation will be conducted by the case manage to determine if the applicant is approved or denied the Electronic Home Detention Program. 4.In the event that the applicant resides in our county and fails to comply with the signed and witnessed Promise to Appear, staff will issue an Order for Arrest and there will be no referral back to the court for disposition. In cases where the applicant fails to comply with the signed and witnessed Promise to Appear and resides outside our county,the matter will be referred back to the sentencing court with an explanation letter. Agencies outside of Contra Costa County are reluctant to serve Orders for Arrest. In those cases, a bench warrant is more appropriate. 5. Those applicants not qualifying for the Electronic Home Detention Program will be mailed/given a denial letter with a surrender date and time for the participant to report to the Custody Alternative Facility. The denial letter will give a detailed explanation of the appeal process. Denied applicants may be taken into immediate custody when deemed necessary by the Sergeant or Deputy. if the participant fails to appear for the surrender date,the Sergeant will review the file and if necessary issue an Order for Arrest or refer the matter back to court for the issuance of a bench warrant. 6. During the process of program eligibility, if an applicant is arrested and being held by an out-of-county agency,the applicant will be denied further consideration for Electronic Home Detention. A denial letter will be mailed to the applicant and an Order for Arrest will be issued. A hold will be placed on the participant at the facility where the applicant is being held. 7. Approved applicants will be given instructions to appear at the Custody Alternative Facility at a designated date and time for EHD enrollment. This benefits the Custody Alternative staff and the courts since participants will make the transition from the court directly to EHD supervision without an unnecessary waiting period. The sentencing courts will be notified if the defendant fails to comply or violates any terms or conditions of Electronic Home Detention. (EHD) 8. Custody Alternative Facility staff will make a reasonable effort to ensure compliance even if the promise to Appear form is incomplete by checking past bookings for contact numbers or by having Deputies in the .field attempt to contact at the address listed on the Promise to Appear. a. The defendant's failure to comply with subsequent notices will cause the commitment to be returned to the court for further disposition. b. An Order for Arrest will not be issued without a signed Promise to Appear by the defendant and witnessed by a member of the court. c. Any commitments sent back to the sentencing court will be accompanied by the CAF infonnation sheet detailing the reason along with the PTA and Court Docket. 28 CCCSO NUMBER: 5.01 Contra Costa County Related Orders: Health and Safety Code Section Office of the S,,4teriff 11362.5 and 11362.7 et seq. n .r Controlled Substances Act, 21 U.S.C. 844(a)(1) <..'. Gonzales v. Raich, U.S.Supreme Court, 2005 P.0 .:...:...:.. General Poli p�y and;PiOcedure 1538.5 1.06.50 Sheriff Policv and Procedures for CSB ISSUE DATE:'"' CLEARANCE: REVISION=DATE: v. CHAPTER: SUBJECT: Medical Marijuana GENERAL Proposition 21 ("The Compassionate Use Act"). Health and Safety Code section 11362.5 provides"that seriously ill Californians have the right to obtain and use marijuana for medial purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana." Individuals who are within the scope of the Compassionate Use Act are not subject to criminal liability under Health and Safety sections 11357,11358,11359,11360,11366,1366.5,or 11570. In any situation where the provisions related to "medical marijuana"do not apply, all criminal provisions of the Health and Safety Code relating to marijuana remain in effect. Although the Health and Safety Code allows for the use of medical marijuana in a jail facility under certain circumstances, the Sheriff will not allow use of medical marijuana in any custody facility or at any time or place a subject is in custody to include the Work Alternative Program, County Parole and Electronic Home Detention programs. 29 CCCSO NUMBER: 6.01 CommCosta County C_)1Tice of the Slierill RELATED ORDERS• .: .`. Related Orders: PC 296, PC 298.1 15 CCR 1059, 13.05 ® CSB Policies and Procedures 'AGeneralx Policy and°Procedure k1 ISSUE DATE: :; CLEARANCE: REVISION DATE° 0. :c � ; CHAPTER: `:: M SUBJECT: D.N.A. Testing 1. Policy A. This policy and procedure applies to the above Penal Code sections and related orders listed above. B. The Custody Alternative Staff will comply with all provisions of D.N.A Testing procedures. C. Forced Blood draws will not be conducted at the Custody Alternative Facility. D. D.N.A Testing(Buccal)at the Custody Alternative Facility will only be conducted with compliant inmates.Non-compliant inmates will be taken to the M.D.F. Procedures outlined in the CSB Policies and Procedures will be followed. ll. Procedure Custody Alternative Facility A. Inmate is booked into the Custody Alternative Facility. B. Inmate is required to have D.N.A testing/BUCCAL per their Criminal History. C. Im-nate is cooperative D. Deputy conducts test in U.A.Testing Room E. Sample is collected and taken to the M.D.F. F. Deputy makes entry into JMS 32