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HomeMy WebLinkAboutMINUTES - 02081994 - 2.1 :�. , .:..o .: Contra Costa TO: BOARD OF SUPERVISORS ,s FROM: PHIL BATCHELOR County County Administrator sr� ..-�"ri DATE: February 8, 1994 SUBJECT: REPORT FROM SHERIFF-CORONER REGARDING INTERAGENCY .,PROCEDURES RELATED TO THE RELEASE OF INMATES FROM THE COUNTY'S ADULT CORRECTIONAL FACILITIES Specific Request(s ) or Recommendation(s) & Background & Justification RECOMMENDATION: Accept report from Sheriff-Coroner regarding procedures for the release of inmates . REASONS FOR RECOMMENDATION/BACKGROUND: On January 18, 1994 a verbal report was made to the Board of Supervisors regarding the releasing of suspects from the County jail . The Board requested that new procedures be developed and a report be submitted to the Board. The Sheriff-Coroner, working with the Municipal and Superior Courts, the County Clerk and the District Attorney, has developed procedures to address the above problem. The report from the Sheriff-Coroner is contained in the attached memorandum of January 31, 1994 . Continued on Attachment: YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) : Action of Board on: Fehniary R, 1 AA4 Approved as Recommended —Other—X The Board ACCEPTED the report from the Sheriff-Coroner regarding procedures for the release of inmates; and in addition, REQUESTED that staff report on the issues of court consolidation and that it look at any legislative changes that might ultimately, .allow electronic posting sooner. Vote of Supervisors : I HEREBY CERTIFY THAT THIS IS A TRUE X AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes : Noes : ) BOARD OF SUPERVISORS ON DATE SHOWN. Contact: G. Roemer (646-4855) Attested: FPhnia1:1r R, 1994 cc: CAO-Justice System Programs Phil Batchelor, Clerk of Sheriff-Coroner the Board of Supervisors County Clerk and 'County Administrator District Attorney Presiding Judges, Superior By: , DEPUTY and Municipal Courts SHERIFF-CORONER'S DEPARTMENT Contra Costa County. Administration Division 646-2402 Date: January 31, 1994 To: Gary Yancey, District Attorney Steve Weir, u y Clerk From: War r�enR i f f-Coroner Subject: Grand Jury Indictments/Warrants-In Custody The processing of Municipal Court Ordered Releases and Superior Court Indictments have been reviewed and graphically set forth on flowcharts. In studying the process you will find: I. Municipal Court Ordered Release A Municipal Court Ordered Release will routinely reach the Martinez Detention Facility release desk within five hours. The processing of paperwork, computer checks, and actual release of the inmate can occur routinely within 9 hours after issuance of the order. II. Superior Court Indictment Once issued, an indictment is transferred from the Court Clerk to the County Clerk routinely within 1 - 7 hours. The County Clerk processes the indictment-warrant and sends it to the Sheriff Records/Warrants Bureau at the 4:00 p.m. warrant run. If not processed in time or received too late, the indictment is delivered to the Records/Warrants at 4:00 p.m. the following business day. This transfer to the Sheriff Records/Warrants occurs routinely within 3 - 32 hours after the issuance of the warrant. III. Sheriff Records/Warrants Bureau Reviews incoming Warrants after 5:00 p.m. and if in-custody, faxes copy to Martinez Detention Facility. Processing time after receipt routinely occurs within 3 hours but can be delayed even longer. Page 2 Gary Yancey/Steve Weir January 27, 1994 After reviewing the matter during meetings held on January 27, 1994, we agreed to adopt the procedures below. ADOPTED PROCEDURE Once a Grand Jury Indictment is returned for a defendant who is in custody on municipal felony charges, the D.D.A.. will : • Request an order dismissing the appropriate municipal felony charges. • Request issuance of the warrant arising from the Grand Jury Indictment, and advise the court the defendant is in custody and request a minute order to accompany the warrant to cause the calendaring of the defendant by the County Clerk without further delay. • The D.D.A. will , without delay, notify the "Release Sergeant" at 646- 4684 of the existence of the Grand Jury warrant to ensure the defendant is not released. • Upon receiving the warrant, no later than 4:30 p.m. , the County Clerk - Criminal Division will make one copy of the warrant and immediately deliver that copy directly to the Martinez Detention Facility "RELEASE SERGEANT" , noting the person accepting and date and time of delivery. • The County Clerk will retain the original warrant in their file awaiting arraignment of the defendant. • The County Clerk shall calendar the defendant for arraignment by either 1) Direction of the minute order mentioned heretofore. 2) Receiving notice of the warrant at the formal calendaring session that occurs daily at 7:00 - 7:30 a.m. between members of the Martinez Detention Facility and County Clerk's office. Adoption of the above procedure immediately will save manpower and man hours, prevent loss of original warrants, save time consuming warrant recalls and should prevent improper release of a defendant. WER:RFP: lw cc: Captain Shinn, Martinez Detention Facility Captain L. Simmons, Sheriff's Records/Warrants Bureau