HomeMy WebLinkAboutMINUTES - 04041995 - 1.55 tss
BOARD OF SUPERVISORS ;-- '=` Contr-a
T 1
FROM: WARREN E. RUPF, SHERIFF - / Costa .
DATE: MARCH 21, 1995 County
SUBJECT: ELECTRONIC HOME DETENTION: POLICIES & PROCEDURES
SPECIFIC RBQUBST(S) OR RBCOMMBNDATION(S) 8 BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION
Approval of the attached SherifffIs Department Electronic Home Detention
Policies & Procedures .
II . FINANCIAL IMPACT
No financial impact related to this request .
III. REASONS FOR RECOMMENDATION
Penal Code Section 1203 .016 (d) (1) specifies that the rules and regulations
and administrative policy of the Electronic Home Detention Program shall be
written and reviewed on an annual basis by the County Board of Supervisors
and the Correctional Administrator.
IV. BACKGROUND
In 1989, the Board of Supervisors, by Board Order, established the Electronic
Home Detention Program pursuant to the authority granted the Board in Penal
Code Section 1203 . 016 . As a condition of participation in the home detention
program, the inmate shall give his or her consent in writing to participate
in the program and shall, in writing, agree to comply with the rules and
regulations of the program.
V. CONSEQUENCES OF NEGATIVE ACTION
If this proposal is not approved, the Sheriff will be unable to continue
operating an out-of-custody Electronic Home Detention Program. Inmates who
would otherwise be qualified for an out-of-county program would be required
to spend their sentence in custody at an enormous expense to the County and
the citizens of the County.
WER:jw
CONTINUED ON ATTACHMENT: Y8S SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON APPROVED AS RECOMMENDED �� OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
V UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN -
AYES: NOTES: AND ENTERED ON THE MINUTES OF THE BOARD
ASSENT: ABSTAIN: OF SUPERVISOORRS�,(�O)NJ�T�H(�(E DATE SHOWN.
CC: CAO - Justice Systems ATTESTED A:& + 11996
Sheriff PHI�CHELOR, CLERKOF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10-88) BY DEPUTY
CONTRA COSTA COUNTY Number _, 2-3
CUSTODY ALTERNATIVE BUREAU
Effective 01/03/95
Replaces 12/16/91
POLICIES AND PROCEDURES
SUBJECT ELECTRONIC HOME DETENTION PROGRAM (EHD)
POLICY Current Jail Management philosophies, coupled with
changes in law and the Sheriff ' s Office commitment to
utilize resources to their best potential, necessitates
a strong, progressive Electronic Home Detention Program.
The Sheriff has a longstanding commitment to maximize
alternatives to traditional incarceration while insuring
the public safety. The Sheriff ' s Office Electronic Home
Detention program provides for the public safety,
maintains judicial confidence and allows the
offender/participant to be a contributing member of
society while satisfying his/her court sentence through
the Sheriff' s Office or the department' s designated
contractor.
REFERENCE M.S . Title 15 Section 1050 .
Penal Code Section 815, 830 .1, 840, 1203 .016, 1208 .2,
1208 .5 .
GENERAL
INFORMATION PROGRAM CONCEPT
The EHD program allows selected individuals having a
County Jail commitment to participate in a home detention
program administered by the Sheriff . The home detention
participant is closely supervised, utilizing personal
supervision and electronic monitoring equipment .
All participants must be volunteers . Participants are
limited statutorily to those defined under Section
1203 . 016 of the Penal Code . They are screened to ensure
that they meet the program' s selection criteria.
Participants are selected from applicants that can
benefit from a tightly structured program, allowing them
to return to specified community programs and work. The
supervision in the program is, individually structured to
provide the participant with appropriate support to meet
the needs of the community and the participant . Safety
to the community is paramount. Supervision and the
support afforded by the program are provided to prompt
participants towards a more productive and self-reliant
lifestyle. Such a lifestyle would curb recidivism and
afford the participant with an enhanced sense of self-
esteem and worth. Within thgir ability to pay,
participants pay for their own Bare as well as program
administration and supervision} costs.
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GENERAL
INFORMATION PROGRAM OVERVIEW
The EHD program is considered a constructive custody
situation. Participants are accountable for all of their
time. The baseline is twenty--four (24) hours home
detention. Initially, program participants may only
leave their residence for work, school and other pre-
approved necessities of life. Small amounts of "free"
time may be approved at a later time and after the
participant ' s level of program compliance has been
assessed. Free time will not exceed 6 hours per week.
Generally, participants are on EHD for no less than 30
days .
GENERAL
INFORMATION ELIGIBILITY CRITERIA
1 . Low risk, minimum security offenders who are
sentenced on all in-county charges, have not been
denied or restricted participation by the court,
and;
2 . Upon application for EHD, applicants who have been
sentenced must have a commitment of at least 45
days to be eligible .and have at least 30 days prior
to their "turn-in" date, and;
3 . Must be a Contra Costa County resident OR live
within a reasonable travel distance from the County
border and have a telephone .
Applicants who cannot cooperate due to personal histories
indicating patterns of mental dysfunction, habitual
social misconduct, addiction, violence, failure to
appear, flight, parole or probation violations may not be
eligible for the program. ALL EXCEPTIONS TO CRITERIA MAY
BE MADE ON AN INDIVIDUAL BASIS .
GENERAL
INFORMATION APPLICATIONS FOR EHD PARTICIPATION
1 . Individuals wishing to apply for EHD must be
sentenced on ALL pending criminal charges .
Exceptions may be made for minor traffic matters .
2 . Applications received from individuals who are not
sentenced on all pending criminal charges will be
"Denied/Unsentenced" . The individual may later
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request that the file be reopened without
submitting a new application when all charges are
adjudicated.
3 . Individuals already sentenced but with a stay of
execution may make application for participation in
the EHD Program.
4 . Applications are available at :
* Custody Alternative Bureau
900 Thompson Street
Martinez, California 94553
* Main Detention Facility
1000 Ward Street
Martinez, California 94553
* West County Detention Facility
555 Giant Highway
Richmond, California 94806
* Marsh Creek Detention Facility
12000 Marsh Creek Road
Clayton, California 94517
* Applications may also be available at the
Courts, Probation, District Attorney and
Public Defender' s Offices .
5 . Applicants should be instructed to secure an
application at one of the above locations .
Completed applications may be turned in at any
location, however, to speed up the processing of
the application, it should be delivered to the
Custody Alternative Bureau either in person or by
the U.S . Mail .
Applicants should include the Application Fee, a
copy of the relevant Probation Report and/or police
report and a copy of the court sentencing document
(when practical) to ensure the expeditious
processing of their application. Incomplete and/or
unsigned applications will be returned to the
applicant causing a delay in processing.
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PROCEDURE 1 APPLICATIONS RECEIVED AT CUSTODY ALTERNATIVE BUREAU
1 . Applications will be time stamped by a Bureau clerk
on the day they are received at the Bureau.
2 . The Bureau Manager/Designee will review the
application and:
a. Ascertain eligibility by confirming:
* Applicant is sentenced.
* Applicants have at least a 45-day
sentence.
* Application is signed by the applicant .
IF NOT, RETURN TO THE APPLICANT FOR
SIGNATURE.
* Applications will be reviewed for
completeness . Incomplete applications
will not be processed/accepted.
b. Log it in the Master Application Log.
* Assign an Electronic Home Detention
program number to the application.
* Date the application (when it was
assigned) .
C . Assign it to an EHD case manager for
investigation and evaluation.
PROCEDURE 2 PROCESSING THE APPLICATION
1 . Upon receipt of a new application, the case manager
will investigate it as follows :
a. Confirm it has been signed by the applicant .
If unsigned it will be returned to the
applicant for signature before beginning the
investigation.
b. Confirm applicant has no pending charges,
warrants, judge' s program denial or holds
which would preclude the applicant' s
participation.
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C . Request a copy of the Probation and/or arrest
reports from the applicant or their attorney
when practical .
d. Obtain necessary CII/FBI/DMV rap reports .
e. As appropriate, contact the sentencing
judge (s) , Probation Officers, arresting
agency, victim(s) or custody staff for program
recommendations .
f . Set an interview appointment . Attempt
telephone contact with applicant .
g. If deemed necessary, make a physical check of
the job site and/or contact the employer.
Advise the applicant that this may be
necessary, as stipulated in the application
waiver, and that the employer may be advised
of .the convicted offense .
h. Application processing will generally take a
minimum of 21 calendar days to complete.
2 . The interview with the applicant may include the
following:
a. The applicant is to provide, when necessary:
* A current pay stub or other evidence of
wage status .
* A job description in writing.
* A transportation plan in writing.
* A financial budget statement .
b. The budget statement shall be used solely for
the purpose of establishing the propriety of
the applicant ' s wage earnings and
capabilities . Under no circumstances will
this information be used for the purpose of
either approving or denying the applicant .
C. Discuss the circumstances of the offense.
d. Discuss any programs relevant to specific
problem areas that the applicant may be
required to attend while on the EHD program;
i .e. , AA, NA.
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Advise the applicant of the necessary
documentation required to verify program
attendance and compliance.
e. Advise and discuss appropriate reporting
instructions .
f . Discuss any unique problems relative to the
individual applicant .
g. Photograph the applicant .
h. Obtain a urine sample from the applicant in
order to determine recent substance abuse and
to verify the applicant' s veracity to
interview questions . All pre-custody urine
tests will be accompanied by a Substance Abuse
Waiver form.
Discuss the terms and conditions of the EHD program
with the applicant . Explain the basic operation of
the monitoring equipment . The applicant will be
required to sign that he/she understands the EHD
program rules .
PROCEDURE 3 REVIEW OF THE APPLICATION
1 . The case manager will, based upon all information
gathered, make a determination as to the
applicant ' s eligibility, suitability and
acceptability.
2 . ELIGIBILITY
This determination is based upon a set of
documented, objective criteria. Criteria is
based on an assessment in general categories which
include, but are not limited to:
a. The sentencing judge has specifically ordered
that the applicant may/may not participate in
the EHD program. The judge may, at a later
time, order a participant be removed from EHD
participation.
b. Administrative policies which may disqualify
the applicant .
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C . There are other pending charges (except minor
traffic) . Any exceptions will be handled on
an individual basis .
d. Out-of-county holds (except minor traffic) .
Any exceptions will be handled on an
individual basis .
e . Safety of the public .
f . Criminal history.
g. Nature of the committed offense.
h. A verifiable/suitable local residence .
i . Appropriate telephone and electrical
connections in the residence.
j . Any adults living with the must also agree in
writing to accept the use of the EHD equipment
in the residence.
k. Past program failures or rejections will be
evaluated on an individual basis .
1 . Employment history and a willingness to comply
with work requirements are key elements of the
EHD program.
M. State prison commitments are not eligible for
EHD.
n. Gang membership/affiliation, escape risk and
any history of possession for sale of a
significant amount of drugs will be carefully
scrutinized.
3 . SUITABILITY
Not all eligible applicants are suitable for the
EHD program. Some applicants may show personal
characteristics or are influenced by environmental
pressures which render them incapable of completing
the EHD program satisfactorily. Others, may not be
motivated to expend the necessary effort required
for satisfactory participation.
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a. The completed application package and the
applicant ' s responses to the interview both
contribute when deciding an applicant ' s
approval or denial .
4 . ACCEPTABILITY
Probable adverse public reaction or a lack of
responsibilities (job, school, family etc . ) may
result in a decision to deny EHD for applicants who
are otherwise eligible and suitable .
As part of the investigation process, an applicant
should provide information, either written or
verbal, which will give the case manager insight as
to the applicant ' s stability. Of specific concern,
is their current employment, employment history,
stability within the community, financial
situation, transportation arrangements, medical
history and family responsibilities .
5 . The interview process is designed to seek out and
identify areas of vulnerability and weakness which
can then be discussed. Insight may be gained into
the applicant ' s view of himself . It further
provides the applicant the opportunity to identify
those areas in need of improvement .
The case manager' s perception of the applicant' s
ability and willingness to provide an acceptable
degree of compliance to the conditions of the
program will assist in rendering a program
recommendation.
6 . The following basic criteria will be used in '
evaluating applicants for the EHD program. All
criteria will be evaluated on an individual case-
by-case basis .
a. The applicant must be a willing participant .
b. Should be employed or capable of obtaining
gainful employment within a specified time
period or be a continuing student .
C . The applicant' s employer may be informed, if
deemed necessary to ensure adequate program
supervision. When practical, discretion will
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be used to avoid jeopardizing the applicant ' s
employment .
d. The nature of incarceration, as a legal
status, requires that the whereabouts of
program participants be reasonably known at
all times .
e . To ensure adequate supervision, the following
types of employment may be deemed unsuitable:
* Employment which requires participants to
change job sites during the work day with
no set route or schedule to follow makes
it impossible to determine the
participant ' s location. This will be
carefully evaluated as it will prove more
troublesome for some participants than
others .
* Employment where hours vary widely, from
day to day, or within the same day.
Split shifts may be unacceptable because
of added monitoring requirements .
* Self-employment where there is . no
established place of business, office or .
base of operation will be carefully
evaluated.
* Commission or piece work; this is because
the applicant would not normally be
. responsible to his employer to the extent
necessary to ensure that the applicant
would actually be "working at all times" .
Allowances may be made for persons with
an established and/or documented history
of self-employment OR having done such
work.
* Employment offered by relatives; this
will be carefully evaluated to determine
if reliable and unbiased.
f . Employment is within a reasonable distance of
their residence.
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g. The applicant must arrange suitable
transportation. They must be advised that
they are required to have a valid California
Drivers License, Vehicle registration and
insurance if driving themselves . If being
driven by someone else, that driver must meet
the same requirements . An individualized
transportation schedule detailing their plans
may be required for applicant ' s utilizing
public transportation.
h. The applicant must possess sufficient maturity
and a capacity for self-control to enable
him/her to comply with the conditions of the
program.
i . Applicants at the time of application must
have at least a forty-five (45) day commitment
and it should be at least 30 days prior to
their "turn in" date. Exceptions will be
evaluated on an individual basis .
j . Discrimination of the basis of sex, race,
creed or national origin is prohibited.
7 . The EHD case manager will detail their
recommendations on the investigation form.
8 . The Bureau Commander, Sergeant or their designee
will review all denied files and return file with
recommendation to the case manager for further
processing.
9 . Case managers may not make a determination of
"denied" , except as provided by the following:
a. Denied participation by the sentencing judge,
or;
b. The participant is an out-of-county resident
or has an insufficient amount of time to serve
on the program.
Any such denials are subject to conditions which
may change . The case manager will subsequently,
forward written notification to the applicant
specifying that they are "Denied Pending" a change
in the circumstances for which they were denied.
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Changing circumstances may then cause a
reevaluation of the application.
* In such cases, the case manager will render
the disposition then forward the file to the
Bureau Sergeant for review. Applications may
be referred to the Parole Unit, processed for
transfer to a reciprocal agency or to a
contracted private electronic home detention
firm. All referrals/denials must be approved
through the Bureau Commander or Sergeant .
GENERAL
INFORMATION EVALUATION OF THE APPLICATIONS
There are three (3) acceptable decisions when evaluating
an application for EHD participation. They are:
* Approved.
* Approved pending - some future occurrence or
compliance.
* Denied.
* Denied pending - a change in the circumstances for
denial .
PROCEDURE 4 APPROVED APPLICATIONS
When an applicant is deemed to be eligible, suitable and
acceptable for participation in EHD program, the case
manager will ensure that the following procedures occur:
1. Schedule the applicant to appear at the Bureau on
the specified commitment day and time for booking
and EHD processing. Approved applicants will be
enrolled on the program as expeditiously as
possible.
2 . If the applicant does not have a specified
commitment date, schedule the earliest possible
date and time which is convenient for the booking
and installation process .
3 . Complete the booking process per the Jail
Management System procedures .
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Effective 01/03/95
Replaces 12/16/91
4 . Secure signed program forms :
* EHD Agreement
* EHD Equipment Receipt
* Budget/Financial Statement
* Fee Agreement
* Field Supervision Log
* Tenant Agreement (to be signed by joint
tenants at the residence)
5 . Complete EHD electrical hookups per manufacture ' s
directions, including:
IN THE OFFICE (Reference Procedure 7)
a. Data Entry of Schedule (by senior clerk) .
b. Anklet installation (confirm functioning
status) .
C . Initialize home receiver.
AT THE RESIDENCE (By participant)
. d. Test the telephone and electrical connections
if necessary.
e. Connect the receiver as required and test
functioning.
6 . Update the EHD log book.
7 . Give a copy of the Field Supervision Log to the
Bureau bookkeeper to ensure accurate accounting of
all fees due and/or receivable.
8 . The EHD senior clerk will send written notification
of program status to the sentencing judge and to
the resident law enforcement agency.
PROCEDURE 5 DENIED APPLICATIONS
1 . As it relates to a recommendation for denial, the
case manager will consider those special concerns
relative to the public safety and interests of the
community when personal or criminal histories
include any of the following:
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a. Arson.
b. Escape from any place of detention.
C . Selling drugs to a minor.
d. Being a major drug dealer OR is an 11590 H&S
registrant .
e . Addiction to drugs .
f . Committing certain sex offenses OR is a 290 PC
registrant .
g. Continuing patterns of serious criminal
offenses .
h. Mental instability.
i . Cases where deviant or strange behavior is
noted.
j . A series of violent acts .
k. Serious nature of any other felony or
misdemeanor.
In addition, applicants may be denied if :
1 . Additional charges are pending, possibly
excluding minor traffic violations
M. Any HOLDS exist, possibly excluding any minor
traffic violations .
n. Specifically denied participation by the
sentencing judge.
2 . when an applicant is determined based upon the
investigation and/or recommendation of the case
manager to be ineligible, unsuitable or
unacceptable, the following will occur:
a. The reasons for the denial will be listed
individually by the Bureau Commander, Sergeant
or their designee . The file will be returned
to the case manager for further processing.
3 . The EHD clerk will send a Denial Letter to the
applicant specifying the reasons for the denial .
The file will then be submitted to the EHD senior
clerk for additional processing and filing.
a. The sentencing court will be notified of the
denial .
b. Update the EHD log book.
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Effective 01/03/95
Replaces 12/16/91
PROCEDURE 6 APPLICATIONS APPROVED PENDING
1 . An application may be "approved pending. . . " a
future occurrence or compliance with certain
criteria on the part of the applicant or on the
part of others involved. Among the reasons an
application may be "approved pending. . . . " are :
a. Pending the employer' s cooperation.
b. Pending receipt of the Probation Officer' s
report .
C . Pending the results of physiological testing.
d. Pending any other necessary consideration
deemed significant by the , case manager or
Bureau Sergeant .
2 . Subsequent to any "approved pending. . . " , the
following may occur, if appropriate:
a. Approved letter to the applicant (with
stipulation) {cc : to Probation Officer if
appropriate) .
b. Approved letter to sentencing court (with
stipulation) .
C . At the case manager' s discretion, the
"approved pending" file will be maintained in
an active status until the applicant is either
placed on the program or has less than 30 days
left to serve.
GENERAL
INFORMATION DENIALS - THE APPEAL PROCESS
1 . When an application has been denied, the applicant
may appeal the decision. The procedure is outlined
in the denial letter. The applicant must submit
his initial request for appeal within ten (10) days
of receipt of the Denial Letter. The applicant may
appeal by writing a letter or completing an Inmate
Request Form.
2 . Out-of-custody applicants may phone the Bureau to
schedule an appointment for an appeal hearing.
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3 . In-custody applicants are to request appeals in
writing on standard jail forms .
4 . The applicant ' s first line of appeal is the Bureau
Sergeant who may meet with the applicant if he
deems it necessary. The inmate will receive a
written response to the appeal .
5 . Appeals to Bureau Commander must be made within 5
days in writing.
6 . If the applicant is still unable to obtain
satisfaction, he/she may initiate the Grievance
Procedure. The appeal will first go to the
Detention Division Commander and ultimately to the
Sheriff .
a. The Board of Parole Commissioners will hear
the appeals for the Sheriff .
GENERAL
INFORMATION EHD APPLICATIONS FOR EDUCATION AND OTHER PURPOSES
1 . The EHD process, guidelines and criteria shall
apply to all individuals who wish to make
application for EHD participation.
2 . EDUCATION
a. Case managers will obtain additional
information from the applicant including, but
not limited to:
* Copy of transcripts from the school the
applicant is attending and from schools
previously attended if necessary.
* A computer printout of the current
class schedule.
b. Applicants may be required to provide
documentation of consistent attendance
including class grades earned.
C. Applicants are encouraged to maintain some
sort of gainful employment, even parttime,
while attending school .
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d. When applicants are enrolled at campuses that
maintain and operate their own police agency,
the case manager may advise that agency of the
applicant ' s program participation.
e . Full-time attendance (12 semester units) shall
be considered the standard.
f . Individual classes shall be evaluated to
ascertain if they are appropriate and
consistent with the efforts of the participant
to enhance or better their level of education.
3 . OTHER PURPOSES
a. EHD participation may be permitted for other
reasons which can be verified as necessary and
reasonable; i .e. :
* Child care which can not otherwise be
reasonably provided.
* Necessary medical care which cannot be
practically afforded in the County' s
detention facilities .
b. Reasons must be consistent with the program
philosophy regarding a productive and/or
necessary purpose.
GENERAL
INFORMATION SUPERVISION OF EHD PARTICIPANTS
1 . The case manager' s primary responsibility is the
supervision of program participants .
2 . Case managers have the primary responsibility to
supervise the participants assigned to them. Case
managers will, however, assist each other with the
supervision of all participants as necessary.
3 . Case managers will be available to meet with and
counsel participants as time permits .
4 . Case managers will meet in the office with each
participant at regularly scheduled times, generally
once weekly. Meetings will be utilized to assess
the participant' s program compliance. The case
manager will :
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a. Obtain and verify any required documentation
of program compliance .
b. Ensure and verify that listed personal
information is current .
C . Obtain program fees as necessary.
d. Initiate testing for drugs/alcohol .
e. Discuss and address, when practical, any areas
of concern or problems .
5 . Field Deputies may be requested to check
participant compliance at locations remote from the
Bureau. Deputies will assume all areas and
responsibilities of supervision at any time other
than normal office hours .
PROCEDURE 7 EQUIPMENT INSTALLATION - FINAL ORIENTATION
The case manager will perform the initial installation of
the transmitter and receiver in conformance with the
manufacturer' s equipment instructions .
1 . The case manager will :
a. Confirm that the applicant has provided all
necessarydocumentation not secured during the
investigation and/or interview.
b. Confirm that circumstances have not changed
since the approval date; i .e. , new job,
different transportation, etc .
C. Make any necessary referrals; i .e. ,
Alcoholics/Narcotics Anonymous, etc.
d. Insure program fees are collected as
appropriate.
e. Review the curfew schedule with the
participant.
f. Ensure that the participant has read the EHD
Agreement and signed it .
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g. Explain that in cases of emergency involving
the physical well being of either the
participant or family member, the participant
may attend to that matter immediately. They
must :
* Provide verification when the crisis has
passed and attempt to notify the case
manager by phone as soon as practical .
GENERAL
INFORMATION CURFEW SCHEDULES
1 . Curfew scheduling is the responsibility of the case
manager. Individual schedules are tailored to the
needs of the participant and maintained in the main
and home program computers . Curfew parameters are
established on the first day of program
participation and may be modified as necessary.
Curfew schedules will be printed out from the
computer and placed in the participant file when
first enrolled and each time a permanent
modification is made to the schedule.
Curfews are designed to ensure that participants
are at their residence whenever not specifically
authorized to be away. Curfew, necessarily, curbs
the participant' s activities to provide assurance
of reasonable program compliance and supervision.
They should be established to provide adequate/
ample travel time and to avoid unnecessary alarms
for curfew violation.
2 . Curfew schedules will be discussed with the
participant to ensure that they have a clear
understanding of what is required of them.
3 . Curfew is not meant to curb any activity by the
participant which is considered constructive and:
a. Is verifiable and/or necessary.
b. Will benefit financially or educationally the
participant, participant' s family or the
community.
4 . Case managers will make a reasonable effort to
accommodate curfew modifications for:
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a. Additional counseling attendance.
b. Programs of education which will benefit the
participant .
C . Necessary medical purposes to meet the needs
of the participant or a family member.
d. Overtime, whether required or not, providing:
* When practical, the applicant shall give
the case manager at least 24 hours
advance notice of the date (s) , time (s) ,
location(s) and any other relevant
information pertaining to the overtime to
be worked, or;
* When not practical; i .e. , no advance
notice, participants will advise the case
manager as soon as they have knowledge of
the overtime.
* The employer has specifically requested
the participant work overtime, or;
* The overtime is mandatory and may
jeopardize the participant ' s employment
if not performed.
5 . Case managers reserve the right to deny curfew
modifications under the following circumstances :
a. Participant has failed to comply with the case
manager' s instructions on prior modifications .
b. The curfew modification is unreasonable,
unverifiable or does not otherwise meet the
needs of the participant and the program.
6 . Permanent curfew modifications will be entered into
the main and home computers as soon as possible by
the case manager or the senior clerk. The change
will be recorded in the participant' s supervision
log.
7 . Temporary modifications need only be recorded in
the participant ' s supervision log.
19
Number 2-3
S
• Effective 01/03/95
Replaces 12/16/91
8 . Whenever an emergency situation exists requiring
immediate attention; i .e. , medical emergency, the
participant may attend to the matter until the
crisis has passed. He/she will then immediately
contact and brief the case manager. If it is after
business hours, the participant will leave a
message on the Bureau phone recorder. The
participant will specify the circumstances, the
time he/she will leave or has left, expected time
of return, exact location and phone number where
the participant will be during those times .
9 . The participant must be prepared to verify any
absence in accordance with the case manager' s
instructions .
GENERAL
INFORMATION MONITORING
1 . The Electronic Monitoring . System will monitor the
participant 24 hours a day. It will report the
following types of activities :
a. Change of status - At home or away from home.
b. Tamper alarm - The equipment has been tampered
with.
C . Violation Alarm - The participant is either
away from home when they shouldn' t be or is at
home when they shouldn' t be.
d. Power Failure Alarm - The monitoring device in
the participant' s residence is without power
and on battery backup.
e. Telephone Disconnect Alarm - The participant' s
telephone is either disconnected or out of
order.
2 . The equipment has memory storage and power backup
capability. This allows alarms and status changes
to accumulate during those times staff is not
available to immediately respond to them.
3 . Checking the daily reports for violations will be
considered a priority task. Case managers, when
practical, will make an effort to do this on a
daily basis.
20
Number -2-3
• Effective 01/03/95
Replaces 12/16/91
The EHD clerk will retrieve and review the morning
reports for violations . These reports will then be
disseminated to the appropriate case managers for
further review and disposition.
PROCEDURE 8 ELECTRONIC MONITORING VIOLATIONS
1 . The case manager is responsible for the disposition
of all violations . When the nature of a violation
has been ascertained, a telephone or home contact
will be made, when appropriate.
2 . Case managers will promptly advise the Bureau
Sergeant of all major incidents . Major/serious
incidents shall be documented on an Incident Report
form.
3 . Curfew violations extending more than 10 minutes
require the case manager to counsel the
participant, and the serious nature of the
violation will be made clear. At the case
managers discretion, a written Incident Report
will be completed.
a. A maximum of three such violations may
constitute grounds for program removal .
b. A single curfew violation exceeding thirty
(30) minutes may be grounds for program removal .
C. Any criminal violation will constitute
immediate program removal .
In all such instances, the case manager will
utilize their discretion considering all of the
circumstances and provide appropriate
documentation.
4 . An unauthorized tamper report may constitute
grounds for removal from the program. Reports of
tamper or other equipment failure will be handled
as follows :
a. Check the computer to verify if the reported
condition still exists. Telephone contact
will, immediately, be attempted to resolve the
reported problem.
21
Number .:2-3
Effective 01/03/95
Replaces 12/16/91
b. Absent, any response, the case manager will
carefully consider and evaluate:
* The necessity for a personal response to
the residence, and;
* The need to obtain police assistance from
the local agency or a Bureau staff
Deputy. Case managers will not respond
alone whenever their safety is in
question.
5 . When a case manager believes a violation
necessitates the participant ' s return to custody,
he/she will notify the Bureau Sergeant or Deputy.
The Bureau Sergeant or Deputy will make the final
decision and personally respond to the location or
obtain assistance from the local law enforcement
agency if an arrest is warranted.
6 . Case managers, with the consent of the Sergeant or
Deputy, may take inmates into custody. Case
managers may, under specific conditions as
determined by the Sergeant or Deputy, transport an
inmate to the M.D.F.
7 . When it ' s apparent that a participant has absconded
from supervision, all electronic monitoring
equipment shall be removed from the participant' s
residence. The case manager will document the
incident . The Bureau Commander or Sergeant will
initiate a Sheriff ' s Order for Arrest to return the
participant to custody. Bureau Sergeant will
direct a Deputy to write an Escape Report and will
forward it for a criminal complaint .
OTHER VIOLATIONS
8 . Due to the custodial nature of the EHD program, any
type of controlled substance/alcohol use is
prohibited. Any participant who submits a positive
test for use of a controlled substance or alcohol
is subject to removal from the EHD program.
9 . A positive test for drug/alcohol use will result in
an Incident Report and immediate review by the case
manager and will be brought to the attention of the
Bureau Sergeant . The results of the test will be
22
Number 2-3 .
• Effective 01/03/95
Replaces 12/16/91
discussed with the participant and will include the
circumstances and extent of use.
Based upon the participant ' s history of program
compliance, personal history and overall attitude,
the case manager will make a decision to counsel or
recommend the participant ' s program removal .
a. A decision to counsel the participant will
result in a reevaluation of the required
counseling needs, supervision parameters and
frequency of testing to negate future positive
tests . Consideration will also be given to .
punitive sanctions; i .e . , loss of Good Time
for the violation.
b. The participant may be returned to physical
custody prior to a Disciplinary Hearing if
deemed necessary.
10 . Arrest and removal from the EHD program will be
necessary and mandatory whenever a participant is :
a. A danger to him/herself .
b. A danger to any other person.
C . Likely to abscond from EHD supervision.
11 . Case managers should always evaluate any violations
to determine if modified supervision can be
afforded which would otherwise negate future
violations .
PROCEDURE 9 TERMINATION FROM -PROGRAM
1. Other than spontaneous type arrest situations, all
arrests within the EHD program are to be planned
when practical and approved by the Bureau
Commander, Sergeant or Deputy.
2 . The Bureau' s sworn staff is authorized to arrest
and return a participant to physical custody by the
authority of the original "Commitment", with or
without an Order for Arrest .
Staff must consider the inmate' s attitude, the
degree of past and present compliance, prior
criminal arrest history and previous field/ office
23
• Number .2-3
• Effective 01/03/95
Replaces 12/16/91
contact experiences . If this action is taken,
consideration shall be given to the safety of all
individuals involved, the time and place and
preplanning, if possible. Assistance by other law
enforcement officers, in those cases where safety
is a question, will be obtained to perform this
function.
3 . When a participant is arrested or otherwise removed
from the EHD program, it is the case manager' s
responsibility to ensure that equipment is
inspected for damage, and the in-home monitoring
device and all associated equipment shall
immediately be removed from the participant ' s
residence . This will normally be done by the sworn
field staff .
4 . Case managers will schedule a date and time to
remove equipment from the residence of persons who
have satisfactorily completed the program. This
date shall coincide with their final program date.
a. The case manager will allow the participant to
effect the equipment disconnections and bring
the equipment to the Bureau.
PROCEDURE 10 EHD PROGRAM COURT POLICY
GENERAL
INFORMATION Approved applicants are generally set-up on the program
based upon equipment availability and time scheduling
variations of the individual case managers . There are
occasionally delays . Applicants are, nevertheless,
enrolled in the most expedient manner available so as to
maximize the potential of the program.
Technical requirements and procedures to enroll a
participant are time consuming and necessarily create a
narrow window in which the Bureau can receive a
participant for enrollment .
The availability to book individuals directly at the
Bureau eliminates the reliance on other facilities for
the booking process . This minimally reduces delays .
Major impact is only accomplished through the cooperative
efforts of the Courts and the Bureau.
1 . At the time of sentencing, the court will indicate
it' s referral to EHD on the face of the commitment .
24
Number .2-3�
' Effective 01/03/95
Replaces 12/16/91
No "turn in" date will be specified by the Court.
A copy of the commitment will be given to the
defendant and the original, or a court sealed copy,
will be sent to the Custody Alternative Bureau.
2 . The court will cause the defendant to sign a
PROMISE TO APPEAR to commence the application
process within 2 weeks at the Custody Alternative
Bureau. It is important that the PTA be signed and
witnessed before the court bailiff or clerk and
before the defendant leaves the courtroom. A copy
of the PTA will be given to the defendant and the
original must accompany the commitment sent to the
Custody Alternative Bureau. A third copy is kept
in the court file.
3 . The Custody Alternative Bureau upon receipt of the
commitment and, application will commence the
investigation to determine if Approved or Denied
for EHD participation.
4 . In the event that the defendant fails to comply
with the signed and witnessed PROMISE TO APPEAR,
the Bureau will issue an Order for Arrest . There
will be no referral back to the court for
disposition.
5 . Those applicants who do not qualify for EHD
participation will be given a "turn in" date to
surrender for their sentence at the detention
facility. The "turn in" date shall be within one
week of the program denial . Inmates may be taken
into immediate custody when deemed necessary by the
Sergeant or Deputy. The Bureau will issue an Order
for Arrest if they fail to appear for surrender.
Again, the court need not hear the case further.
6 . Approved applicants will be given instructions to
appear at the Bureau at a designated date and time
for EHD enrollment . This benefits the Bureau and
the courts :
a. Participants will make the transition from the
court directly to EHD supervision, without an
unnecessary waiting period.
b. At the Court ' s request, they will be notified
if the defendant fails to comply or,
otherwise, violates conditions of the program.
25
r
a Number ,2;4
Effective 01/03/95
Replaces 12/16/91
7 . The Bureau staff will make a reasonable effort to
ensure compliance even. if the PROMISE TO APPEAR
form is incomplete. The same procedures will be
followed as if the PROMISE TO APPEAR form were
complete.
a. The defendant ' s failure to comply with
subsequent notices will necessitate returning
the commitment to the court for further
disposition.
b. An Order for Arrest cannot be issued without a
completed PROMISE TO APPEAR (signed and
witnessed) .
C . Any commitments sent back to the court for
disposition will be accompanied by information
advising the Court :
* The defendant has failed to comply with
the Bureau notice to appear.
* The Bureau cannot issue an order for the
defendant ' s arrest because the PROMISE TO
APPEAR is incomplete.
* The defendant is unsuitable and denied
for EHD participation.
GENERAL
INFORMATION ANNUAL REVIEW
This policy is reviewed annually and updated a ecessary
by the Custody Alternative Bureau Command
Approvtj!;1
n
n, Li enan
a
7
Date:
26