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HomeMy WebLinkAboutMINUTES - 04281998 - C72 BOARD OF SUPERVISORS �/. FROM: WARREN E. RUPF,SHERIFF DATE: April 15, 1998 SUBJECT: ELECTRONICHOME DETENTION: POLICIES & PROCEDURES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approval of the attached Sheriff's Department Electronic Horne Detention Policies &Procedures. I1. FINANCIAL IMPACT: No financial impact related to this request. III. REASONS FOR RECOMMENDATION/BACKGROUND 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. 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. IV. CONSEQUENCE OF NEGATIVE ACTION If this proposal is not approved,the Sheriff will be unable to continue operating an out-of-custody Electronic Horne Detention 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.' CONTINUED ON ATTACHMENT: X YES SIGNATURE:ROBERT HENDERSON,UNDERSHERIFF RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: April 28, 1998 APPROVED AS RECOMMENDED: X OTHER: VOTE OF SUPERVISORS X UNANIMOUS(ABSENT - - - - I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED AYES: NOTES: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: CONTACT:MIKE RUTLEDGE,646-1362 ATTESTED: April 28, 1998 PHIL BATCHELOR.,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY CC: Sheriff ADMINISTRATOR Superior Court Administration Municipal Court Administration Public Defender District Attorney BY: DEPUTY M382(10188) b CONTRA COSTA COUNTY Number: 2-3 a CUSTODY ALTERNATIVE FACILITY Effective: 04/1519$ Replaces: 06/24L97 POLICIES AND PROCEDURES SUBJECTr&CTROHIC ff= DETMMIQN PROGRAM POLICY The Sheriff ' s Office commitment to utilize resources to their best potential, necessitates a strong, progressive Electronic Home Detention (EHD) Program which maximizes alternatives to traditional incarceration while insuring . public safety. The EHD program provides for public safety, maintains judicial confidence, and allows the offender/participant to be a contributing member of society while completing the court' s sentence. REFERENCE 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. The program is voluntary and participants are given the opportunity to apply via a court referral. A sample court referral (Promise to Appear) is attached. Participants are limited statutorily to those defined under Section 1203 . 016 of the Penal Code, and are screened ensuring they meet the program' s 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 providing the; participant with appropriate support to be successful with safety to the community being paramount . The support afforded by the 1 y ; Number: 2-3 Y Effective: Q4115198 Replaces: Q,6124196 program is designed to prompt participants to be more productive and to develop a self-reliant lifestyle that would curb recidivism and create an 'enhanced sense of self-esteem. Within their ability to pay, participants pay for their own care as well as program administration and supervision costs. GENERAL INFORMATION PR992" ASR"-I +T The EHD 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. Initially, program participants may only leave their residence for work, school and other pre- approved necessities of Life. A maximum of six (6) hours per week of free time can be approved, normally after the participant' s program compliance has been assessed. Private EIM The Penal Code specifically states that "all privately operated home detention programs shall be under the jurisdiction of, and subject to the terms and conditions of the contract entered into with the correctional administrator. " The Sheriff' s office entered into a contract with Sentencing Concepts in 1596 for the purposes of providing private EHD services for sentenced individuals who reside outside the county. The contract was subsequently approved by the Board. of Supervisors . only the private contractor approved by the sheriff/Board of Supervisors is authorized to enroll sentenced Contra Costa County individuals after program acceptance. Eligibility, conditions, rules and requirements contained in this policy are applicable to participants on private EHD. Fees will, be assessed in accordance with the contracted price with the private EHD company after an initial application fee. The daily maintenance fee is the higher of $15 .00 or one hour gross salary per day. 2 Number. 2-3 Effective: 04115/28 Replacer: 06124/96 Applicants must have at least a forty-five (45) day net sentence. No Good Time/Work Time credits will be given to private EHD participants. Pre-Sento gad Developed to allow flexibility in the judicial system to place unsentenced individuals on electronic monitoring, as a condition of their bail . Individuals will be placed on pre-sentenced END as stipulated by the court order if deemed eligible by the Sheriff' s Office . All individuals violating terms, ', conditions and requirements of the program will be ' removed from the program, and subject to immediate arrest, and immediately referred back to the court for disposition. Fees will be assessed in accordance with current Custody Alternative Facility (CAF)policy. No Good Time/Work Time credits will be given to Pre- Sentenced EHD participants . GENERAL INFORMATION ELIGIBILITY ORITARI - 1. Low risk, minimum security offenders who are sentenced on all in-county charges, and have not been denied or restricted participation by the court. 2 . Upon application for EHD, applicants who have been sentenced must have a commitment of at least forty- five (45) net days to be eligible'. 3 . .Applicants must be a Contra Costa County resident or Live within a reasonable travel distance from 3 Number: 2-3 Effective: 04/15/98 Replaces: _06J24/26 the county border and have a telephone. 4 . Individuals with the following ;conviction(s) are not eligible for the EHD program: * Sex crimes against minors. * Felony sexual crime. * Arson. * Manufacturer of illegal drugs * Acts of violence against , police/emergency personnel . * A violent felony crime. * A stalking crime. * Three or more violent crimes.' Charges pending (anywhere) that, if convicted, would make the person ineligible. 5 . Applicants who display the following may not ,be eligible for the EHD program: * Uncooperative nature based upon history of mental instability. * Habitual social misconduct . * Addiction to illegal drugs or alcohol . * Possession of weapons or illegal drugs in jail. * Being a major drug dealer. * Felony driving under the influence . * History of violence. * Failures to appear in court or other court ordered programs. * Flight risk (i .e. , escape from confinement) . * Parole, probation, or other custody alternative violations . * Child abuse. * Evidence of deviant or strange behavior. * Serious nature of any other felony or misdemeanor or prior record. 4 Number: 2-3 Effective: 04/3,5/98 Replaces: �,6/24/96 The CAF Director may make 'exceptions when circumstances clearly warrant such an action, and the Custody Services Bureau Commander will be advised of any exception. GENERAL INFORMATION 0001) TIME/'G ORKK TIME 1 . No Good Time/Work Time credits will be given to END participants. GENERAL INFORMATION APPLICATIONS FOR EHD PARTICIPATION 1 . Individuals wishing to apply for END must be sentenced on AL 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 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 Facility 900 Thompson Street Martinez, California 94553 * Main Detention Facility 1000 Ward Street Martinez, California 94553 5 Number: >2-3 Effective: 04/1519 i Replaces: 124/96 * West County Detention Facility 5555 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 Offices. 5 . Completed applications should be delivered to the CAF either in person or by U.S. Mail. Applications must be accompanied by the following: * The application fee. * A copy of the relevant probation report and/or police report . * A copy of the court sentencing document (when practical) . 6 . The non-refundable fees include: * $100 . 00 Application Fee. * $ 10 . 00 Maintenance daily fee, minimum up to one hour gross pay per day. ' * $ 15 . 00 Fee to obtain Police Report (if applicable) . * $ 14 . 00 Fee for Urinalysis Specimen Testing (if applicable) . * $ 20 . 00 Recalled Carder For Arrest (if applicable) . PROCEDURE 1 I N RECEIVED FACILITY 1 . Applications will be time stamped by a clerk on the day they are received at CAF. Number: 2-3 Effective: _04/15/98 Replaces: 06/24/96 2 . The CAF Sergeant or Designee ; will review the application and: a. Ascertain eligibility by confirming: * Applicant is sentenced'. * Applicant meets eligibility criteria (see page 4) . * Applicant has at least ', a forty-five (45) day net sentence to serve. * 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. * Must include $100 . 00 application fee. b. Log it in the Master Application Log. * Assign an EHD program number to the application. * Date the application, (when it was assigned) . C. Assign it to an EHD case manager for investigation and evaluation;. * Issue an application fee receipt with a set interview date and time written in. 3 . gut-of-County Commitments • An out-of-county commitment must contain 7 Number: 2-3 Effective: p4/ J98 Replaces: >06/21/96 the following information: * Defendant ' s name. * Charges. * Sentencing judge's name (signature) . * Sentencing court name and name of originating county. * Court seal . * Sentencing date. * Sentence. * Conditions of sentence (i .e. , concurrent, consecutive sentence, credit for time served,) . * A statement that the sentence may be served in the Contra Costa County Custody Alternative Program. * Must submit written approval for transfer from transferring county. PROCEDURE 2 P,$993SSING 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. 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 8 _..._. ......... ......... ......... ......... ......... ......... . ...... _ ......... ._....... ......... .......... .............. ....... . ...... ......... ......... ......... ..._..... _....... ......... ............ ........................ ................ _ ......_...................... Number: 2-3 Effective: 04115198 Replaces: 06124 '96 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. Contact the employer and/or school for verification. 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 twenty-one (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 is used solely for the purpose of verifying the ! applicant 's wage earnings and capabilities. Under no circumstances will this information be used for either approving or denying the applicant . C. Discuss the circumstances of the offense. ' d. Discuss any programs relevant to specific 9 _ _ _ _....._. ......... ......... _........ _................._..... .._..... .. ....... . ... ........... ........ ...... ......... ......... ......... ......... ......... ......_.. . _ .. _. _... _.. ......... ......... ......................................................................... Number: 2-3 Effective: 0411519$ Replaces: A.9124196 problem areas that the ;applicant may be required to attend while on the EHD program; i.e. , AA, NA. 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 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. I . Discuss the terms and conditions of the EHD program with the applicant. Explain the basic operation of the monitoring equipment . The applicant is required to isign that he/she understands the EHD program rules. PROCEDURE 3 RMEW OF THE APPLICATION 1 . The case manager will make a determination of the applicant 's eligibility, suitability and acceptability. 2 . ELIGIBILITY Eligibility is based upon a set of documented, objective criteria. Criteria is based on an 10 ......... ......... ......... ......... ........... . ......... ......... ........... . ............... ........... ..... ... .. ......... ......... ......... ......._... _. _ ......... ......... .. .... ............ .................... ....... ........................................ Number: 2-3 Effective: 04/15/98 Replaces: __06Z24/96 assessment in general categories including, but not limited to: a. The sentencing judge has specifically ordered that the applicant may/may ;not apply for 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, including those crimes listed as not acceptable (see page 4) . 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 including 'failure to appear and failures on probation or parole. g. Facts of the committed offense. h. A verifiable/suitable local residence. i. Appropriate telephone and electrical connections in the residence. j . Any adults residing with the program participant must agree in writing to accept the use of the EHD ;---equipment in the residence. 11 ......... ......... ......... ......... ......... .........­-I''..'',.'', ___ ............ ......... ......... ........................... .. ... . . ...... ......... ......... ............... _ _......._................................................................................................................. __ ....._........................................ Number: 2-3 Effective: -04/15/98 Replaces: -06/24/96 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. Individuals with state prison commitments are not eligible for EHD. n. Gang membership/affiliation or escape risk. o. Involvement in major drug sales and/or possession of large quantities of drugs . 3 . SUITABILITY Not all eligible applicants are suitable for the EHD program. Some applicants may show personal characteristics or are influenced by environmental pressures rendering them incapable of completing the EHD program satisfactorily. Others, may not be motivated to expend the necessary effort required for satisfactory participation. a. The completed applicationpackage 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 otherwise eligible and suitable. 12 ......... ......... ......... ......... .................. ._ ........_. ......... ......... ................................. .. ......... ......... .._.._... . . ..................................................................................................................................................................... .. ....................................................................................... Number: 2-3 Effective: QA/15198 Replaces: 035124/96 During the investigation process, an applicant should provide information, either written or verbal, giving the case manager insight of the applicant 's stability, nature of 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 identify areas of vulnerability and weakness for discussion purposes and insight into the applicant 's view of him/herself. The case manager' s perception of the applicant ' s commitment 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 is used in evaluating applicants for the EHD program, and will be evaluated on a case-by-case basis . a. The applicant must be a willing participant . b. Should be employed or capable of obtaining gainful employment within specified time period 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. When practical, discretion will be used to avoid jeopardizing the applicant's employment . 13 ......... ......... ......... ......... ......... ......... ......... ......... ......... .....__.. __ . ......... ..........._.. ......... ......... . ........................ .. .. .. ......... ......... .......... ......... ......... ......... ......... _... _ ......... ........ ....................... . ........ Number: Z-3 Effective: 04/15/98 Replaces: 06/24/96 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 requiring a participant to , change job sites during the work day with no set route or schedule to follow makes it impossible to verify their actual location. This will be carefully evaluated, since some; participants may have complex work schedules. * 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. Allowances ; may be made for persons with an established and/or documented history of self-employment ';or having done such work. ' * Commission or piece work, since 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" . * Employment offered by relatives. This will be carefully evaluated to determine if reliable and unbiased. 14 Number: Effective: 44,j15198 Replaces: 06/24196 f . Employment is within a reasonable distance of their residence. g. The applicant must arrange suitable transportation, and will 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, their designated 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 net sentence to serve. The court will require applicant to report to CAF within three (3)weeks from sentencing 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 CAF Sergeant or designee will 'review all denied files and return the file with their recommendation to the care manager for further processing. 15 r Number: 2-3 Effective: 04/15198 Replaces: 0-6 24/96 9 . Case managers may not make a ', determination of "denied" , except as provided by the following: a. Denied participation by the sentencing judge. b. The participant has been convicted of a crime ineligible for EHD (see page 4) . Such denials are subject to conditions which may change. The EHE clerk will subsequently, forward written notification to applicant specifying that they are "denied pending" a change in the cir circumstances causing the denial that may cause> a re-evaluation of the application.' * In such cases, the case manager will render the disposition then forward the file to the CAF Sergeant for review. Applications may be referred to County Parole, processed for transfer to a reciprocal agency, or referred to the authorized private electronic home detention contractor. All referrals/denials must be approved through the CAF Director; or Sergeant . GENERAL INFORMATION CATION OF TH$ APPLI ATIONS There are four (4) 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 . I.6 Number: 2-3 Effective: _04/15/98 Replaces: 0612 9J PROCEDURE 4 APPRQYED 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 CAF on the specified commitment day and time for booking and EHD processing. Approved applicants will be enrolled in the program as expeditiously as possible. 2 . If the applicant does not have a specified commitment date, schedule the earliest possible date and time convenient for the booking and installation process. 3 . Complete the booking processper the Jail Management System procedures . 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) , ' * Thumbprint to be placed on booking sheet and EHD form. * Send to CSS for fingerprints (commencement of program will be held in labeyance pending receipt of CIS fingerprint verification) . ' 5. Complete EHD electrical hookups per manufacture' s directions, including: 17 Ntmber: 2-3 Effective: 04/15/99 Replaces: 16124/96 IN THE OFFICE (Reference Procedure 7) a. Data entry of schedule (by case manager) . b. Anklet installation (confirm functioning status) . c. Initialize home receiver. d. Collect fees equivalent to first and last week total . AT THE RESIDENCE (Confirmed by Deputy) e. Test the telephone and electrical connections, if necessary. f. Connect the receiver, as required, and test functioning. 6 . Give a copy of the Field Supervision Log to the CAF Account Clerk, ensuring accurate accounting of all fees due and/or receivable. 7. 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 ARPLICA'IM 1 . Relating 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 eligibility factors listed on page four of this policy. 18 Munber: 2-3 Effective: 04/15/9S Replaces: 46/24/96 In addition, applicants will 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. j 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 joccur: a. The reasons for the denial will be listed individually by the CAF Director, Sergeant or designee. The file will be returned to the case manager for further processing. 3 . The EHD senior clerk will send a' denal letter to the applicant specifying the reasons for the denial with a jail turn-in date. 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. PROCEDURE 6 A,PPLIM:CONS APPRoyED PENDI.,NG I . An application may be approved pending a future occurrence or compliance with certain criteria on 19 .............I..........................................................................11.......... ............................ Ntunber: Effective: Replaces: ----06124/96 the part of the applicant or on the part of others involved. Among the reasons an application maybe conditionally approved 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 CAF Sergeant . 2 . Subsequent to any conditionally accepted (approved pending) applications, the following may occur, if appropriate: a. Approved letter to the applicant with stipulation and copy to Probation Officer if appropriate. b. Approved letter to sentencing court with stipulation. GENERAL INFORMATION 12ENIALS THE APPEAL PROCESS 1 . If a staff member recommends denial : a. The CAF Director or Sergeant will be contacted for concurrence. b. If denial is approved, the staff member will prepare a denial letter with specific reasons why the applicant is denied the program. This letter will include the applicants 20 . .............I......................................... ......... .......................................................................11......... .............................................................................. 11 1 111.11111.1.....-........................ Number: 2-3 Effective: OI1 /98 Replaces: Q124196 appeal rights. A sample denial letter is attached. The denial letter may be handed to the applicant if present or mailed if not . If present: * The applicant may be taken into custody at this time if the Sergeant or Director deems it necessary. * The applicant may request an appeal with the Sergeant at this time. * If the applicant does not request an appeal at this time, the applicant has five (5) days from the date of the denial letter to provide notification of a written appeal from in-;custody utilizing an Inmate Request form. * At the Director' s or Sergeant' s discretion, the denied applicant may be given a jail turn-in date and allowed to appeal from out-of-custody. This appeal may be scheduled by phone or in writing. In either case, the appeal notification must be done within f ire (5) days from the date of the denial letter and prior to the jail turn-in-date. * Modification of sentence should not be entertained by the court until defendant has exhausted his administrative remedy through this appeals process. The court should not routinely entertain requests for modification of these orders. 2 . The applicant 's first line of appeal is the CAF Sergeant who may meet with the applicant if deemed necessary. 21 _. .................................................................................................................. . ................................................................................................... Number: 2-3 Effective: __04/15/91 Replaces: 04121/96 GENERAL INFORMATION N FOR 1 . The EHD process, guidelines, and criteria applies to all individuals who make application for EHD participation. 2 . BM=10N a. Case managers will obtain additional information from the applicant including, but not limited to: * Copy of transcripts from the applicable school 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 part time, while attending school . d. When applicants are enrolled at campuses maintaining and operating ;their own police agency, the case manager may advise that agency of the applicant 's program participation. 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 beater their level of education. 22 ......... ......... ......... ......... ......... ......... ......... ......... ......._._._. . . _.. ............ ........... ............ ......... ........................................................................ .. ....... ........ ......... ......... ......... _..... ........... ............................................................ .................................... Number: a-3 Effective: 04/15198 Replaces: . 06/24/96 3 . OTHER PURPOSES a. EHD participation may be permitted for other reasons which can be verified as necessary and reasonable. Some include: * Child care which can not otherwise be reasonably provided. * Necessary medical care which cannot be practically afforded or administered in the County' s detention facilities. b. Reasons must be consistent l with the program philosophy regarding a productive and/or necessary purpose. GENERAL INFORMATION SWERVISION OF WM PARTICIPANTS 1 . The case manager's primary responsibility is the supervision of program participants. 2 . Case managers primary responsibility is to supervise assigned participants. They will also assist other case managers, if necessary. 3 . Case managers will be available to meet with and counsel participants at regularly scheduled times, generally weekly, through telephone contacts and office visits . These meetings will also be used to assess program compliance. No longer than two weeks should elapse between office visits. The case manager will : a. Obtain and verify any required documentation of program compliance. 23 Number: 2-3 Effective: U4 '151 Replaces: 06./24/­`­96- 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. 4 . Field Deputies will periodically verify program compliance by visiting participant work/home locations. Case managers may be called upon to assist in this verification process. PROCEDURE 7 E=- Pn=E=-PINSTAI,LATIC>N - FINAL ORIENTA'T2{3N 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 necessary documentation not secured during the investigation and/car 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. 24 Number: 2-3 Effective: 04/1.5/98 Replaces: 06/24/96 - e . Review the curfew schedule with the participant. f . Ensure that the participant has read and signed the EHD agreement. g. Explain that in cases of emergency involving the physical well beingof either the participant or family member, the participant may attend to that matter ' immediately. In this case, they must provide verification when the crisis has passed and attempt to notify the case manager by phone as soon ;as practical. GENERAL INFOPJMTION CURFEW SCHEDULES 2 ., 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. ; 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. Schedules are designed to ensure participants are at their residence, whenever not specifically authorized to be away, and 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 alarm for curfew violation. 25 Number 2-3 Effective: 04/15/90 Replaces: 06/24/96 2 . 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: 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 twenty-four (24) hours advance notice of the date (s) , time (s) , location(s) and any other relevant information pertaining to the overtime to be worked. * when not practical (i .e. , no advance notice) , participants must advise the case manager and obtain approval prior to working any overtime. 26 Number: 2-3 Effective: a4115l98 Replaces: 06/24/96 * The employer has specifically requested the participant work overtime. * 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. The change 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 attentions 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 case manager's voice mail. 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. 27 Number: 2-3 Effective: 04/15/9$ Replaces: Q6/24/26 9. The participant must be prepared to verify any absence in accordance with the case manager' s instructions. GENERAL INFORMATION MROXXTORING 1 . The Electronic Monitoring System will monitor the participant twenty-four (24)hours a day, reporting' 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 allowing alarms and status changes to accumulate during those times staff is not available to immediately respond to them. 3 . Case managers will check status reports of all assigned participants daily as soon as they report for work. During any absence, case managers will arrange for another staff member to assume this responsibility for their participants. 28 Number: 2-3 Effective: 04/15/98 Replaces: . 06124/96 PROCEDURE 8 ELACT 1C M,=TORXKG VI©LATEWS 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 CAF-_ Sergeant, or Director in his/her absence, 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. Such violations may constitute grounds for program removal . In all cases involving program removal, an Incident Report will be prepared as supporting documentation. a. A single curfew violation exceeding thirty (30) minutes may be grounds for program removal . b. Any criminal violation will constitute immediate program removal . 4 . An unauthorized tamper reportmay 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. 29 Numbers 2 3 Effective: 04115/98 Replaces A6/24196 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 CAF Deputy. Case managers will never respond alone in this situation due to safety considerations. 5 . When a case manager believes a violation necessitates the participant ' s return to custody, he/she will notify the CAF Sergeant who will make the final decision. He/she will direct the Deputy to 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, may take inmates into custody, ; and may, under specific conditions as determined by the Sergeant or Director, transport an inmate to the Martinez Detention Facility. 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 CAF Director or Sergeant will initiate Sheriff's Order for Arrest (OFA) to return the participant to custody. The CAF Sergeant will also direct a deputy to write an Escape Report and will forward for a criminal complaint . 30 Number: 2-3 Effective: 04ZIS198 Replaces: -_.06-/24Z96 OTHER VZOLATIM 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 Facility 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 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. b. All future drug/alcohol tests will be charged to the participant at a rate of -$14 . 00 per test, if the participant remains in the program. C. The participant may be returned to physical custody prior to a Disciplinary Hearing, if deemed necessary. 10 . Arrest and removal from the EHE program will be necessary and mandatory whenever a participant is: 31 Number: 2-3 Effective: b411519 Replaces: S6124196 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 TENgNATION FM PRt"JfiGR�ilwi 1 . Other than spontaneous type arrest situations, all arrests within the EHD program are to be planned, when practical, and approved by the CAF Director, Sergeant or Deputy. 2 . The CAP 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 OFA. Staff must consider the inmate's attitude, the degree of past and present compliance, prier criminal arrest history and previous field/office contact experiences . If this action is taken, consideration shall be given to the safety of all individuals involved to include the tine, 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 (normally by CAF Deputy) or otherwise removed from the EHD program, the case manager will ensure that equipment is inspected for damage, and the in-home monitoring device and all associated equipment shall immediately be removed from the applicable home. 32 ]+limber: :2-3 Effective: 04/15/9g Replaces: 06/24195 4 . Case managers will schedule a date and time for the inmate to turn in assigned EHD equipment upon completion of their program. If completion falls on a weekend or holiday, the next county business day will be used. 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 CAF. GENERAL INFORMATION Approved applicants are enrolled in the program in the most expedient manner based upon equipment availability and time scheduling variations of the individual case managers. The capability to book individuals directly at CAF eliminates the reliance on other facilities for the booking process. PROCEDURE 10 EHE PROD nor MU'RT POLICY 1 . At the time of sentencing, the court will indicate it 's referral to EHD on the face of the commitment, and a copy will be given to the defendant. The court sealed copy (Superior Court - white copy; Municipal Court - green copy) , will be sent to the CAF. 2 . The court will cause the defendant to sign ' a Promise to Appear (PTA) form: commencing the application process within three >(3) weeks at CAF. The PTA must be signed and witnessed by the court bailiff or clerk beforg 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 CAF. A third copy is kept in the court file. 33 ___ .................................................................................................................... ................................................................................................. ....................................... Number: �2-3 Effective: 04/15/98 Replaces: 06,/24Z96 3 . Upon receipt of the commitment amd application, assigned staff will commence an: investigation to determine if the applicant is approved or denied for EHD program. 4 . In the event the defendant fails to comply with the signed and witnessed PTA, staff will issue an OF, and there will be no referral back to the court for disposition. 5 . Those applicants not qualifying for EHD participation will be given a denial letter with a "turn in" date to surrender for their sentence at the CAF. The "turn in date shall be within one (1) week of the program denial . The denial letter will give specific reasons for denial and an explanation of the appeal process . Denied applicants may be taken into immediate custody when deemed necessary by the Director, Sergeant, or Deputy. CAF will issue an OFA (gee _oacfe twenty t20foraippeal progesa) if they fail to appear for surrender. Again, the court need not hear the case further. 6 . During the process of program eligibility, if an applicant is arrested and being held by an out-of- county agency, the applicant will be denied further consideration for EHD. A letter of denial will be mailed to the applicant, an OFA will be issued, and a hold order will be placed at the facility the applicant is being held. 7. Approved applicants will be given instructions to appear at CAF at a designated date and time for EHD enrollment . This benefits CAF and the courts since: a. Participants will make thetransition from the court directly to EHD supervision, without an unnecessary waiting period. 34 ..............-.... ......11............ ............................................................ .......... ....... ........................................................................ ........................................................................................... . ..........-...__........................................ Number: 2-3 Effective: 04118/98 Replaces: . 06/24/96 b. At the Court 's request, they will be notified if the defendant fails to comply, or otherwise, violates conditions of the program. 8 . Staff will make a reasonable effort to ensure compliance, even if the PTA form is incomplete. The same procedures will be followed, as if the PTA form were complete. 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 CFA cannot be issued without a completed PTA (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 CAF's notice to appear. i * CAF cannot issue an order for the defendant ' s arrest because the PTA is incomplete. _ * The defendant is unsuitable and denied for EHD participation. GENERAL INFORMATION Abum" RWINK/UPDATE This policy is reviewed annually and updated as necessary by the CAF Director. 35 Number: 2-3 Effective: 04115198 Replaces: 06124/96 Approved:— Z&b Mike Rutledge, Dir ``tor Custody Alternative Facility Date: l r! tY� Approved: William Shinn, Commander Custody Services Bureau Date: 36 0407 :Maom&-030S ORG 42-5.5 PROMISE TO APPEAR COURT REFERRAL WAP (510)6464670 CORtrA CO3ta COBUty SheliWS Offlee Custody AfteruMtve Fatility ()PAROLE {S 1Q)646-4713 nempsolk St., Mardne7,CA 94553 D&#(s) NAME. CITY. RACE.......... SEX-, ADDRESS. ZIP CODE.*— HEMW- WEIGHT, . .-----HAIR- ES- DL.#- 1100M PHONE WORK STATE OF BIRTH: COUNTRY:-- CONTACT CUSTODY ALTERNATIVE FACILITY AND SCHEDULE YOUR APPOINTMENT BY.- YOU HAVE TIMEX SENTENCEWTO JAIL!! TH19 19 _LVOLUNTEEIR WORK:OR COMMUNITY SERVICE...IF YOU FAIL TO CONTACT OR KEEP YOUR APPOINTMENT,AN WILL BE ISSUED WITHOUT FURTHER PRO GRAM.CONSIDERATION. WORK ALTERNATIVE PROGRAM PROGRAM FEES INCLUDE A S100.00 oon-refundable app tion fee(subject to change)plus 110.00 for each day sen tenced10ITS Al T04E QF AMRMe pW=fits in:CASH,MO Y ORDER OR CASHIER'S CHECK. PERSONAL O , BeBevre�ibd pay d CHECKS WILL NOT BE ACCEPTED. Refer to the bsekof this form for furthtrintormoWn. I am gwmg MY promise to contact the Custody Alternative Facility "WORK ALTERNATIVE PROGRAM"to schedule an interview by the above listed deft. If I fid to do so,an 40RDER FOR ARREST"vii be ismed. I undersbind that participation in thisprogram is a privilege and NOT a right and that I will be given an appointment fo r approximately one month from the doe I appeared in court. I wilt be 611 time for my*11pointmat. Otherwise I understand I WAY not be seen. When I appear for my appointrnent,I will bring a copy of the court dockeVsentencingpaw,<a co"of the Promise To Appear and my total feesin full. You may W taken into evsWdy or 3"kneil a jail surreitdzr date if your Application and/or appeal b denied FAILURE To AP Ak AT THE TIw SPECIFIED IS A NflSDEMEANOR,PER 4024.2 )PC. J. ELECTRONIC ROME DETENTION I COUNTY PAROLE larngiving my ptsaixtise to ap iy ri g the abEsve listed week. If,I W to do, an"ORDER FOR:ARREST"will in this Program is aprivilegeend NOT.Artght jwit[b ' g,scom y.oftfit doerlsenstcittg Pvtr,,:wPy,o1f my poke repoft,and,a$100.0 0 newreflubdable apphi*jbil fed(wbjed to c in CASH MONEY ORDER Olt CASH Ers CHECK PERSONAL:CHECKS WILL NOT -REACCEPTED., Daily,makdenance.fps are once h wages.per day t the mniu outs, 0 of$10-00peer day. You Maybe taken into ceps yerasiwa isurrea—dor date if application a v an&or appeal is dewed. FAILURE TO APPEAR AT THE TIME SPECIFIED I ISA M I ISDENIEANOR PER I 121 .,C,,, 1203'.016(c) P.C. 3P DO NOT BRING CHILDREN TO YOUR APPOINTMENT For their=W"d theWay of our stiff NO Children are ailovvved to interview rooms. I understand that the sheliff may:0*0*1Y fare me into Custody to serve I my sentence ifl W to at appear Custody Attemative:Faeft oin r am non compliance with this Promise toAppear at anytime during the appikation process.. ItI&Htoappmand lamapprehended,outside I the State of Cali%fft Ihmby Waive extraditim. I HAVE READ, UNDERSTAND AND AGREE TO THE TERM OF THIS"PROMISE TO APPEAR". Signatme- Date: Witness Date: ...-................................................................................................................................................ .......................................... .................... ...... .................................. OFFICE OF THE SHERIFF WARREV E.RUPF CONtRA COSTA COUNTY SHERIFF Custody 'Alternative Facility 900 Thompson Street Martinez, CA 94553 (510) 646-4932 ***SAMPLE EHD DENIAL LETTER*** DATE: File # Dear Your court referral to or application for participation in the Electronic Home Detention (EHD) Program has been DENIER for the following reasons: The facts of your crime do not allow for EHD participation per eligibllity criteria contained in Custody Alternative Facility Policies & Procedures 2-3 . Your case was automatically reviewed by the Facility Sergeant/Director to confirm ineligibility. This decision cannot be appealed; however, you may submit an application :for County Parole either prior to or after incarceration. A case manager has reviewed all available information and has denied your participation for M Program based upon eligibility, suitability and/or acceptability factors. If you wish to appeal this decision, you must do so immediately, and prior to your turn-in date, by telephoning the Custody Alternative Facility (CAF) to schedule an appeal hearing with the Facility Sergeant . No appeal will be considered unless notification has been received within five days from the date of the denial letter. At the time of your appeal hearingi you must present a written appeal outlining the basis of your appeal request . If your appeal is denied, you should be prepared to be taken into custody at that time . If you are in custody, submit an Inmate Request Form to the CAF Sergeant . Since you have been denied participation in the Electronic Rome Detention Program and you are now required to serve your sentence incustody, you will surrender yourself at 900 Thompson Street, Martinez, CA 94553 on: MONTH DAY, YEAR TIME IF YOU FAIL TO SURRENDER AT THE ABOVE DATE AND TIME, A .SHERIFF'S NO-BAIL ORDER FOR YOUR ARREST WILL BE ISSN WITHOUT FURTHER NOTIFICATION. Do not submit 'a new application for the EHD Program. Very truly yours, WARREN E. RUPF, SHERIFF By: Original to Participant Copy to File CAB :FRM: 010 REV 10/97 ...........................-...................................................... ................................................................................ id. TO: A BOARD OF SUPERVISORS �. .:FROM: 'WARREN E.RUPF, SHERIFF t DATE: April 15, 1998 SUBJECT: WORK ALTERNATIVE PROGRAM: POLICIES & PROCEDURES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approval of the attached Sheriff s Department Work Alternative Program Policies&Procedures. IT. FINANCIAL IMPACT: No financial impact related to this request. III. REASONS FOR RECOMMENDATION/$ACKGROUND 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. In 1983, the Board of Supervisors, by Board Order (Resolution No. 83/361), established the Work AlternativeProgram pursuant to authority granted in Penal Code Section 4024.2. As a condition of participation in the Work Alternative 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. IV. CONSEQUENCE 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. CONTINUED ON ATTACHMENT: X YES SIGNATURE R I+ GK ON UNDERSHERIFF RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: April 28, 1998 APPROVED AS RECOMMENDED: X OTHER: VOTE OF SUPERVISORS _X_UNANIMOUS(ABSENT - - - I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED AYES: NOTES: ON THE MINUTES OF THE BOARD OF SUPERVISORS ON ABSENT: ABSTAIN: THE DATE SHOWN. CONTACT:MIKE RUTLEDGE,646-1362 ATTESTED: April 28, 1998 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: Sheriff Superior Court Administration Municipal Court Administration Public Defender District Attorney BY: DEPUTY M382(10'$8) Number: 2-1 Effective: 94.l1519$ Replaces. Q6/16/97 CONTRA COSTA COUNTY CUSTODY ALTERNATIVE FACILITY POLICIES AND PROCEDURES SUBJECT WORK ALTERNATIVE PROGRAM POLICY The Sheriffs Office is dedicated to maintain a responsible and effective Work Alternative Program. This program is designed to ensure offenders/participants satisfy their court sentences without incarceration through work assignments at various community sites contracted with the Sheriffs Office; thus allowing a continuation of their regular employment and family responsibility . 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 - 5360, 2-5273,2-5381 M.S. 1041, 1050 P.C. 815, 8536, 1203,4004, 4019,4030, 6263' GENERAL INFORMATION V1111d Ro Wng,Authority 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. * Commitment m=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 ug contain the following information: 1 Number: 2-1 Effective: 04415/96 Replaces: _96116f99 * Defendant's name. * Charges. Sentencing judge's name(signature). * Sentencing court name and name of originating county. * Court seal. * Sentencing elate. 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. * Must submit written approval for transfer from transferring county. GENERAL INFORMATION ARplicantAVIlointment 1. At the time of sentencing,the convicted person is advised: * To arrange an appointment with work alternative staff by telephone or appearing in person at the Custody Alternative Facility(CAF) * There will be fees involved which must be paid in cash, cashier's check,or money order. * If a medical condition exists that may limit work performance, a doctor's diagnosis explaining limitationsmust be provided during their initial work alternative interview. GENERAL INFORMATION P rQgram Fecs The Work Alternative Program is self-supporting. The fees paid by participants offset program operating expenses. These non-rem le fees are: * $100.00 Application Fee. * $ 10.00 Maintenance daily fee(for adjusted sentence). * $100.00 Re-scheduling fee(if applicable). * $ 10.00 For each re-scheduled day(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 within their anility to pay. While most participants will have the ability to pay,those that state they cannot are required to 2 Number: ' - Effective: Q 98 Replaces: 06/16197 complete a Fee Waiver form containing a short budget analysis to determine if fees should be waived or reduced. Program fees may only be waived or reduced by the CAF Director or Sergeant. GENERAL INFORMATION Work� s The Work Alternative Program has signed contracts with numerous state, county, city and non-profit organizations to supply non-skilled'.workers for an 8-14 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 staff 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 Ellaft All individuals are eligible to apply for the'Work Alternative Program except those convicted for sex crimes against minors, a felony 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(anywhere) that if convicted would make the person ineligible. Existence of one or more of the following conditions MU also be cause for denial. * More than 45 days left to serve on the sentence. * Major medical problem(s)precludes assignment to an available work site. * History of institutional misconduct. * Intoxication at the time of booking interview or under the influence. * Failure to follow rules and regulations of the Work Alternative Program resulting in formal disciplinary action. * Violation of law or probation as indicated on a commitment. * Application submitted incomplete/refusal to provide required information. * Involvement in major drug sales and/or possession of large quantities of drugs. * Facts of the committed offense. 3 Number: -1 Effective: 2AZ 5/98 Replaces: 06116/97 GENERAL INFORMATION Boc�ro 3r g Proms I. Booking interview will generally be completed in the order of scheduled appointment times. 2. Participants are asked to neatly and thoroughly complete an application form and to sign it. 3. The participants are required to wait in the lounge area until directed to the interview area. 4. Booking Information - In order to ensure a positive identification of the person being booked,the following information will be obtained during the screening 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. * Bate 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 heir 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 identifying information such.as birthmark or tattoos. * Signature of applicant. 5. Acceptance/Assignment Process -The following will be completed during this stage: * Verification of court commitment papers as legal documentation for detention/participation in the program. * Check the application for completion and signature of participant. * Verification of participant identification. * Collection of any pertinent medical records. 4 Number: ,-1 Effective: 04/15199 Replaces: 06/16/97 * Booking photo. * If the individual has no fingerprints on file, he/she will be fingerprinted by the Central Identification Services(CIS). * Orientation to rules and expectations of the program and work site. * Collection of fees and issuing of a receipt. * Completion of work schedule contract. * 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. Issue 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 gopy of gontract. d. Attitude is important. e. Work days will run 8 - 10 hours. f. No weapons,drags or alcohol. g. Do not show up at work site under the influence. 6. The work contract c= to be changed by work site personnel. 7. If the participant misses a scheduled work day,he/she should complete the remainder of the contract and follow directions on the rules form. 8. A rescheduling fee of$100.04 is assessed for all unexcused absences from the work site,plus a$10.00 maintenance fee for each day rescheduled. 9. Rescheduled days will be arranged at the convenience of the Work Alternative Program staff. GENERAL INFORMATION C=Uu#&&Adjusted Sentences I. The clerk will calculate the adjusted sentence and appropriate fees at the time appointment is made. 2. Commitment papers received from county courts are maintained in the booking folders and must contain the fallowing information. * Applicants name. Docket number. 5 Number: 2-1 Effective: 2411519$ Replaces: 46116/97 * Charges. * Length of sentence. * Credit for time served, if any. * Date sentence starts. * Concurrent or consecutive sentence. * Signature of court authority. * Court seal or filing stamp. * Address. 3. Prior to computing the release date, staff will review commitment papers carefully to determine: * Date sentence starts. * Length of sentence. * Credit for time served. * Concurrent or consecutive - concurrentruns at same time while consecutive starts day after other sentence ends. 4. A.sentences are considered to be concurrent unless the commitment states otherwise. 5. While a participant is active in the program,all firther commitments received will be considered concurrent unless the commitment states otherwise. GENERAL ' INFORMATION 9md Tim ' pr_ Time 1. No Good Time/Work Time credits will be given to work Alternative Program participants. PROCEDUIRE I Re-cd3 fig,ommitm#uts I. Commitments received by GAF must have several items verified(see page 5, "stem 2,of this policy under"computing adjusted.sentences"}. 2. When a commitment is received with modifications,or without"Jail Orders", the following will occur: a. Check files to determine if there is an active file on the subject. This check should include the violation and Order for Arrest files. b. If there is an active file, pull the applicable folder and follow the orders on the new commitment. C. If there is no active file, the commitment should be returned to the court with a note that there is no file. 6 Number: -1 Effective: 04LIS198 Replaces: 06.116197 3. The courts will, on occasion, modify sentences and send copies of the modifications to CAF. This is dune so that records may be updated. The proper handling of these modified commitments is essential to ensure program participants receive the proper sentence. PRCICEDURE 2 Li m IntsryiewlFifterprinfing 1. Both thumb prints of all participants will be collected at the time of the interview. This includes reschedule interviews if they have not previously been obtained. The thumb prints will be obtained on the participant's original application(white copy)and on the original booking sheet. Pitty-pat prints will be taken on the back side of the original booking sheet. 2. Each participant's Alpha history will be checked prior to the interview. If they have no,AWha history,the following will occur; * At the conclusion of the interview, the participant will be fingerprinted by CIS. * A note that fingerprinting was required will be made on the original application. * CIS will return verification after the person is fingerprinted. 1h_"e e gm=mdU not bg&im to the individual 3. If the participant bm a j1dorr Alpla hisIM, the fallowing will occur: * At the time of the interview, the CCIN will be written on the application in the upper left hand corner. * At the conclusion of the interview,the original booking sheet will be sent to CIS for verification after taking thumb prints and pitty-pat of both hands. 4. Violation Cases * An Order for Arrest will be issued. PROCEDUI E 3 Collection d Fles 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 cashier`s check. Applicants will be advised that program fees are non-refundable. 7 ` Number: _..r Effective: 04/15/91 Replaces: G§116Z97 If an applicant fails to bring any or all of the required fees to the interview. I. The case worker will establish a mutually agreeable date when the applicant can make payment. 2. If a fee schedule cannot be agreed upon,discontinue the interview and set a new appointment date. Direct the applicant to complete a Fee Waiver farm to be submitted with appropriate documentation at the next appointment. Keep in mind that inabiJ4 to pgis not a wolation but can only be approved by the CAF Director or Sergeant, PROCEDURE 4 AmIgnment;ndSchhednfingA9f Work Sifts CAF staff 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. CAF staff 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 yL=kdg ry and may be scheduled to work one day a week. * Participants with six (h) days or more will normally be assigned we&e-nd , as well as Fkdays. * Unemployed participants will normally be assigned during 3yokdUs. Exceptions to these rules may be necessary to accommodate participants with special problems;i.e.,medical or verification that participant will lase job if required to work weekdays. 8 a Number: - Effective: 04115/98 Replacea: Q LI§J99 PROCEIIURE 5 R#:5dLgdukd Agggintments CAP'staff will normally schedule work days in the following manner: * If the participant is being re-scheduled for verified valid absences(sickness, death in family, etc.), staff will follow the same guidelines as the initial interview. * If the participant is being re-scheduled for absences that are not valid, the scheduling will be done to accommodate the program not the participant. PROCEDURE 6 Work Yuj t `on 1. Work site rosters are dynamic with names being continually added. Rosters list every participant enrolled for each day of work. meekly, usually on Wednesday,these rosters are printed and mailed to the applicable work site. Rosters are normally completed several weeks in advance but in no case less than a week, 2. The work site supervisor verifies participants attendance by placing a check in the appropriate box on the daily work site roster. It is the participants responsibility to sign the roster next to the check mark to show attendance. Work site supervisors will write"NO SHOW"in place of a signature when a scheduled individual does not appear for work At the end of the week, completed rosters are mailed back to CAF by thework site supervisor. 3. CAF staff compares returned work site rosters against participant contracts. Completed attendance and/or absences are recorded on the contract. Any work site that has not sent in a roster for two weeks or more will be contacted by CAF staff. 4. Those individuals who meet all scheduled work days will have their contracts marked completed by CAF staff. S. Participants who have unexcused absences will receive an"Order for arrest". Violators will also receive a letter indicating the "Order for Arrest" was issued. PROCEDURE 7 ftggram Partidgldgn Probjc ns 1. Applicants 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 County Parole upon approval of the CAF Director or Sergeant. 9 Number: _2-1 Effective:_441.1L,st.$ Replaces: 061197 PROCEDURE 8 In- Eargeiggse 1. Applicants with no less than ten (10) days nor more than thirty (30) days remaining on their sentence may be eligible for early release. 2. The Martinez Detention Facility(MDF) classification staff will send a list of eligible inmates for early release to CAF on a periodic basis. 3. CAF staff will interview in-custody applicants to determine eligibility. The following will be verified: a. They must be in good health. b. They must be willing to work a minimum of three days a week. C. They must meet eligibility criteria on page three of this policy. d. They must have necessary fees on their books at time of release. 4. Applicants eligible will be transferred to the MDF and warrant checks will be completed by CAF staff. They will be released to the CAF staff for assignment to the Work Alternative Program. S. Program guidelines for in-custody releases are;similar to court-referred applicants. 6. Participants will be required to fulfill all work commitments. Excused absences will only be allowed for serious illness/injury, death in the immediate family, and/or court appearances. GENERAL ' INFORMATION Policy and ftocedutres 119date This policy will be reviewed annually and updated as necessary by the CAF Director. Approved: _#'�14MAP Mike kutledge,Dire or Custody Alternative Facility Date: ` Approved: .cam. William Shinn, Commander Custody Services Bureau Date: 10