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HomeMy WebLinkAboutMINUTES - 04041995 - 1.54 l 51 TO:­ BOARD OF SUPERVISORS Contra FROM: WARREN E RUPF SHERIFF - L� _ Costa ., DATE: MARCH 21, 1995 �' County t SUBJECT: WORK ALTERNATIVE PROGRAM: POLICIES & PROCEDURES SPECIFIC REQUESTS) OR RECOMMENDATIONS) 8 BACKGROUND AND JUSTIFICATION i I. RECOMMENDED ACTION Approval of the attached Sheriff' s Department Work Alternative Program Policies & Procedures. II. FINANCIAL IMPACT No financial impact related to this request . III. REASONS FOR RECONMKENDATION Penal Code Section 4024 .2 (E) (4) (c) specifies that the Board of Supervisors _ may prescribe reasonable rules and regulations under which a work release program is operated. IV. .. BACKGROUND In 1983, the Board of Supervisors, by Board Order (Resolution No. 83/361) , established the Work Alternative Program pursuant to authority granted in Penal Code Section 4024 .2 . V. CONSEOUENCE OF NEGATIVE ACTION If this proposal is not approved, the Sheriff will be .unable to continue operating an out-of-custody Work Alternative Program. Inmates who would be otherwise qualified to participate would be forced to spend their sentence in custody at an enormous expense to the County and the citizens of the County. WER:jw CONTINUED ON ATTACHMSNTI YEB BIGNATUREt `_QQ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE - APPROVE OTEER SIGNATURE(S):. ;ACTION OF BOARD ON ^ 1 A 4. + )9 9 S APPROVED AS RSCOMMBNDRD ✓ OTHER VOTE OF SUPERVISORS I HEREBY CBRTIFY THAT THIS IE A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOTBE: AND BNTERBD ON THE MINUTES OF THE BOARD ABSENT: ABSTAINt OF SUPERVISORSON THE , . DATE SHOWN. SO CC: CAO - Justice Systems ATTESTED l_i4,6::�Q� T ' 1 9 PHIL TCHBLOR, CUERK OF THE BOARD OF Sheriff BUPBR $ORB AND COUNTY ADMINISTRATOR M382 (10,8:) BY DEPUTY CONTRA COSTA COUNTY Number 2-1 CUSTODY ALTERNATIVE BUREAU Effective 01/03/95 Replaces 12/09/93 POLICIES AND PROCEDURES SUBJECT WORK ALTERNATIVE PROGRAM POLICY The Sheriff ' s Office has a strong commitment to maintain a responsible, effective Work Alternative Program. The Work Alternative Program is committed to ensuring offenders/participants are able to satisfy their court sentences by working at various community job sites contracting with the Sheriff ' s Office, while allowing the offender/participant to maintain employment and family responsibilities without the necessity of incarceration. REFERENCE C.A.C. 2-5109, 2-5273, 2-5326, 2-5433, 2-5344, 2-5345, 2-5347, 2-5351, 2-5360, 2-5273 , 2-5381 M.S . 1041, 1050 P.C. 815, 853 . 6, 1203, 4004, 4019, 4030, 6263 DEFINITIONS Adjusted Sentence - The actual number of days to be served from a sentence. Inmate - A person confined/committed to the Contra Costa County Sheriff for execution of the sentence . Such confinement may be in the form of actual incarceration or in the form of participation in one of the Sheriff ' s Custody Alternative .Programs . Intake - The process of interviewing inmates, orientating them to the rules, regulations and expectations of the program and completing the booking process . Participant - A person committed to the custody of the Contra Costa County Sheriff that has been accepted into one of the Sheriff' s Custody Alternative Programs . GENERAL INFORMATION Valid Booking Authority - For Programs 1. Commitment - A commitment must contain the following information: * Defendant ' s name * Charges * Sentencing judge' s name (signature) * Sentencing court name * Court seal or filing stamp * Sentencing date * Sentence * Conditions of sentence; e.g. , concurrent, consecutive sentence, credit for time served. 1 Number 2-1 Effective 01/03/95 Replaces 12/09/93 * Commitment must be an original or a certified copy. Photocopies are not acceptable. FAX copies may be used pending delivery of an original or certified copy. 2. Out-of-county commitments - an out-of-county commitment must contain the following information: * Defendant ' s name. * Charges . * Sentencing judge' s name (signature) . * Sentencing court name orcin name of originating county. * Court seal . * Sentencing date. * Sentence. * Conditions of sentence; e.g. , concurrent, consecutive sentence, credit for time served. * A STATEMENT THAT THE SENTENCE MAY BE SERVED IN THE CONTRA COSTA COUNTY CUSTODY ALTERNATIVE PROGRAM. GENERAL INFORMATION Inmate Appointment 1. At the time of sentencing, the convicted person is advised: * To contact the Work Alternative Program via the direct line phone at each municipal court or by outside phone for Superior Court . * Set up an appointment . * There will be fees involved. * Those fees must be paid in cash, cashiers check or money order. * If a medical condition exists that may limit work performance, a doctor' s diagnosis explaining limitation must be provided. GENERAL INFORMATION Pram Fees The Work Alternative Program is self supporting. The fees paid by participating inmates pay for the program' s operating expense . 2 Number 2-1 Effective 01/03/95 Replaces 12/09/93 These fees are : * $50 . 00 Administrative fee. * $ 7 . 00 Per day of adjusted sentence . * $50 . 00 Re-scheduling fee. * $ 7 . 00 For each re-scheduled day The participants are required to pay these fees within their ability to pay. It is expected that most participants will have the ability to pay. However, if a participant states they cannot pay the fees, staff will complete a Fee Waiver form that includes a short budget analysis to determine if fees should be waived or reduced. These fees may only be waived or reduced with the approval of the Custody Alternative Bureau Manager or Sergeant . GENERAL INFORMATION Work Sites The Work Alternative Program has signed contracts with numerous State, County, City and non-profit organizations to supply non-skilled workers for an 8-10 hour work day. The work sites supply insurance, supervision, transportation from a pickup location (if needed) and a safe working environment . The Work Alternative Program screens inmates for health, attitude, criminal conviction suitability and schedules the number of participants requested at a given time . The supervisors at the work site are not police officers and are not required or expected to act as one. GENERAL INFORMATION Eligibility All inmates are eligible to participate in the Work Alternative Program. Existence of one or more of the following conditions may be cause for denial : * More than 45 days left to serve on the sentence. * Major medical problem(s) make it impossible to find an acceptable work site . * The inmate ' s conviction involves sex, arson or violence. * History of drug sales or addiction. * History of institutional misconduct . * More than one conviction of violence. 3 Number 2-1 Effective 01/03/95 Replaces 12/09/93 * Intoxication at the time of boo",--ing interview or under the influence. * Failure to follow rules and regulations of the Work Alternative Program which results in formal disciplinary action. * Violation of law or probation as indicated on commitment . * Application submitted incomplete/refusal to provide required information. GENERAL INFORMATION Booking 1. Booking interview will generally be completed in the order of their appointment times . 2 . Participants are asked to fill out an application form neatly and completely and to sign the form. 3 . The participants are required to wait in the lounge area until the Aide directs them to the intake area. 4 . Booking Information - In order to provide for a positive identification of the person being booked, the following information will be obtained at the booking interview: * Name and aliases . * Current address or last known address . * Date, duration of confinement, and a copy of the court order. * Specific charge (s) . * Sex. * Age . * Date of birth. * Place of birth. * Race or ethnic origin. * Present or last place of employment . * Health status, including any current medical or mental health needs, or physical limitations that would affect their ability to work. * Emergency contact (name, relation, address and telephone number) . * Driver' s license and social security numbers . * Additional information concerning special custody requirements, service needs or other 4 Number 2-1 Effective 01/03/95 Replaces 12/09/93 identifying information such as birthmark or tattoos . * Signature of inmate. 5. Intake Process - During the intake process, the following will be completed at the booking interview: * Verification of court commitment papers as legal documentation for detention/ participation in the program. * Check the application for neatness, completion and signature of participant . * Verification of participant identification. * Collection of any pertinent medical records . * Booking photo. * If the inmate has no fingerprints on file, the inmate will be sent to the Central Identification Bureau for a full set of prints . * Orientation to rules and expectations of the program and work site. * Collection of fees and issuing of a receipt . * Completion of Work Schedule Contract/ Promise to Appear. * Entry of participant' s name and date of birth on working copy of the work site roster on the day(s) agreed to on the contract . * Supply the participant with a map to the work site. * Have the participant sign and date a Program Rules form. Issued a copy of the Program Rules and give a verbal reminder to: a. Be on time. b. wear appropriate clothing for the work site (rain or shine) . No sandals, shorts, tank tops, etc . C. Bring lunch and copy of contract . d. Attitude important . e. 8-10 hour work day per day credit . f. No weapons, drugs or alcohol . g. Do not show up at work site under the influence. 8 . The work contract cannot be changed by work site personnel . 5 Number 2-1 Effective 01/03/95 Replaces 12/09/93 9 . If the participant misses a scheduled work day, he/she should complete the remainder of 'the contract and follow directions on the rules form. 10. A rescheduling fee of $50 .00 is assessed in all unexcused absences from the work site, plus a $7 .00 for each day rescheduled. 11. Rescheduled days will be done at the program' s convenience and not the participants . GENERAL INFORMATION Computing Adjusted Sentence 1. The clerk will calculate the adjusted sentence and appropriate fees at the time appointment is made . 2 . After calculating the adjusted sentence and fees, the commitment is filed until the appointment date. 3 . Commitment papers received from courts located in this county are maintained in the bookings and must contain the following information: * Inmate' s name. * Docket number. * Charges . * Length of sentence. * Credit for time served, if any. * Date sentence starts . * Concurrent or consecutive. * Signature of court authority. 4. Prior to computing the release date, review commitment papers carefully to determine: * Date sentence starts . * Length of sentence . * Credit for time served. * Concurrent or consecutive: ** Concurrent runs at same time. ** Consecutive starts day after other ends . 5 . All sentences are considered to be concurrent unless the commitment states otherwise. 6 . All commitments received while an inmate is active in the program will be considered concurrent to the 6 Number 2-1 Effective 01/03/95 Replaces 12/09/93 active booking unless the commitment states otherwise. GENERAL INFORMATION Good Time/Work Time 1. No Good Time/Work Time credits will be given to Work Alternative program inmates . PROCEDURE I Receiving Commitments 1. Commitments received by the Custody Alternative _ Bureau must have the following items verified as being on the commitment : a. Inmate' s name. b. Docket number. C. Charges . d. Court seal or filing stamp. e. Judge' s signature f. Sentence, usually listed in days . g. Address . 2 . When we receive a commitment with modifications on it or without "Jail Orders" listed, we should: a. Check our files to determine if we have an active file on the subject . This check should include the Violation and Order for Arrest files . b. If we do have an active file, pull the file and follow the orders on the new commitment . C. If we do not have an active file, the commitment should be returned to the court with a note that we do not have the file. 3 . The courts will, on occasion, modify sentences and send copies of the modifications to the Work Alternative Bureau. This is done so that we may update our records . The proper handling of these modified commitments is essential to ensure WAP participants receive the proper sentence. 7 Number 2-1 Effective 01/03/955 Replaces 12/09/93 PROCEDURE 2 Initial Interview/Fingerprinting 1. Both thumb prints of all WAP participants will be collected at the time of the interview. This includes reschedule interviews if we have not previously obtained it . The thumb prints will be obtained on the participant' s original application and a copy of the application. Obtain a set of pittipat fingerprints . 2 . Each WAP participant' s Alpha history will be checked prior to the interview. If they have no Alpha history, the following will occur: * At the conclusion of the interview, the participant will be given the duplicate application and directed to the CIB for fingerprinting. * A note that fingerprinting was required will be made on the original application. * The CIB will return the duplicate application after the person is finger-printed. * The returned duplicate applications will be filed in the participant' s file.. 3 . If the participant has a prior Alpha history, the following will occur: * The COIN will be written on a stickum and placed in the file. At the time of the interview, the COIN will be written on the application in the upper left hand corner. * At the conclusion of the interview, the duplicate application will be sent to CIB for verification. * The CIB will verify the participant' s identity and return the duplicate application to CAB. * If CIB is unable to match the participant ' s identity, that information will be noted on the returned duplicate application. The Custody Alternative Bureau will send the participant a letter directing him or her to report to the CIB for fingerprinting. 8 Number 2-1 Effective 01/03/95 Replaces 12/09/93 4. Comi,lete Cases If the participant has been fingerprinted by CIB, the following will occur: * The booking # will be written on the duplicate application and sent to CIB. CIB will update their records and dispose of the duplicate application. 5 . Violation Cases If either of the following occurs, the duplicate _ application will be returned to CIB with a note indicating the reason: * The case is returned to court, and the participant has been fingerprinted by CIB. * An Order for Arrest is issued, and the participant has been fingerprinted by CIB CIB will update their records and dispose of the duplicate applications . PROCEDURE 3 Collection of Fees It is expected that the participants will have the required fees with them at the time of their interview- booking. Payment will be in the form of cash, money order or cashiers check. If an applicant fails to bring any or all of the required .fees to the interview: 1. Attempt to establish a reasonable date which is agreeable with the applicant when payment can and will be made. 2 . Keep in mind that inability to pay is not a violation and may be handled as a waiver approved by the Bureau Lieutenant or Sergeant . The budget/waiver form must be completed in these cases . 3 . Discontinue the interview and set a new appointment date. Direct the applicant to complete a financial statement to be submitted at the time of the next appointment . 9 Number 2-1 Effective 01/03/95 Replaces 12/09/93 PROCEDURE 4 Assignment and Scheduling of Work Sites The Sheriff ' s Aide conducting the interview must assign work sites using the following priorities : 1. Medical/physical ability of applicant . The start for work assignments may be postponed due to temporary illness or injuries . 2 . Choose the closest work site to the applicant ' s residence that has current vacancies . 3 . County work sites . 4 . Small work sites . 5. Large work sites . The Sheriff ' s Aide will normally schedule work days in the following manner: * Participants are normally expected to work three (3) days a week. * Participants with five (5) days or less will normally be assigned during weekdays. * Participants with six (6) days or more will normally be assigned weekends as well as weekdays. * Unemployed participants will normally be assigned during weekdays. Exceptions to these rules may be necessary to accommodate participants with special problems; i .e. , medical or verification that participant will lose job if required to work weekday. PROCEDURE 5 ate-Schedules The Sheriff ' s Aide conducting the interview must assign work sites using the following priorities : 1. Medical/physical ability of applicant . 2 . Choose a work site the applicant has the ability to get to. 3 . County work sites . 4. Small work sites . 5. Large work sites . 10 Number 2-1 Effective 01/03/95 Replaces 12/09/93 The Sheriffs Aide wil_, normally schedule work days in the following manner: * If the participant is being rescheduled for verified valid absences (sick, death in family, etc . ) , the aide will follow the same guidelines as the initial interview. * If the participant is being rescheduled for absences that are not valid, the scheduling will be done to accommodate the program not the participant . Exceptions to these rules may be necessary to accommodate participants with special problems; i .e . , medical or verification that participant will lose job if required to work weekday. PROCEDURE 6 Work Verification 1. Work Site Rosters are prepared at the time of the interview/booking. These rosters list the participants enrolled for each day of work. Work rosters are usually completed several weeks in advance, but in no case less than a week. The completed Work Site Rosters are pulled at the end of each week and sent to each work site. 2 . The work site supervisor verifies attendance of the participants by placing a check in the appropriate box on the daily Work Site Roster. At the end of the week, the completed rosters are mailed back to the Work Alternative Program by the work site supervisor. 3 . The returned Work Site Rosters are then checked against the participants ' Work Schedule Contract . Completed attendance and/or absences are recorded on the contract . Any work site that has not sent in a roster for two weeks or more will be contacted. 4. Those cases that show all scheduled work days are completed are then pulled as completions . 11 Number 2-1 Effective 01/03/95 Replaces 12/09/93 5. Those cases that show one or more incomplete days will receive a violation letter as outlined in the Violation Handling Policy, Section 3 .5 . PROCEDURE 7 1. Inmates who are unable to perform work assignments due to mental or physical limitations, or because of job or family commitments, may be referred to the Parole Unit upon approval of the Bureau Commander or Sergeant . 2 . Process to be completed by the Parole Unit staff . PROCEDURE 8 In-Custody Early Release 1. Inmates with no more than 10 nor less than 30 days remaining on their sentence may be eligible for early release . 2 . The M.D.F. Classification staff will send a list of eligible inmates for early release to the Custody Alternative Bureau each Friday and Tuesday. 3 . C.A.B. staff will interview inmates to determine eligibility. a. Each individual must be in good health. b. Willing to work a minimum of three days a week. C. Most misdemeanor charges are accepted. d. Have necessary fees on books at time of release. 4. Inmates eligible will be transferred to the M.D.F. and warrant checks completed. 5. Those eligible will be released to the Custody Alternative Bureau staff member and taken to the Bureau. 6. Program guidelines for in-custody releases are similar to court-referred defendants . 7. The inmate is placed in the "X" status . a. Violations would cause inmate to be return to custody. 12 Number 2-1 Effective 01/03/95 Replaces 12/09/93 GENERAL INFORMATION Updating Policy and Procedures This policy will be reviewed annually and updated as necessary by the Bureau Manager. Approv ry Cr Lie na stod ternati B reau Commander _ Date :- 13 ate 13