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HomeMy WebLinkAboutMINUTES - 04271999 - C84 Ta BOARD OF SUPERVISORS FROM: Warren E.Rupf,Sheriff-Coroner Contra Costa DATE: April 27, 1999 County SUBJECT: ADOPT POLICIES&PROCEDURES FOR THE OFFICE OF THE SHERIFF'S ELECTRONIC HOME[DETENTION PROGRAM SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT Policies & Procedures for the Office of the Sheriffs Electronic Home Detention Program. FISCAL IMPACT: There is no fiscal impact on the County. BACKGROUND: Penal Code Section 1203.016 (d) (1) specifies that the rules, regulations and administrative policy of the Electronic Rome Detention Program shall be written and reviewed on an annual basis by the County Board of Supervisors and the Correctional Administrator. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff is unable to operate an Electronic Home Detention Program without the Board adopting Policies & Procedures for the Prograrai annually. The inmates in the Program would have to be kept in custody.. dramatically increasing County costs. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE — APPROVE OTHER SIGNATURE (S): ' ACTION OF BOAR®ON A p r a I 27 . 1999 APPROVED As RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS (ABSENT Z = ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES:— AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: _ OF SUPERVISORS ON THE DATE SHOWN. Contact Person:Kathy Martin,5-1529 CCC;CAO,Justice Administration Superior Court Administration Public Defender District Attorney ATTESTED April 27, 1999 Sheriff(for distribution) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUI*Y ADMINISTRATOR { 'W 1 -1.; ,DEPUTY CONTRA COSTA COUNTY Number 2-3 CUSTODY ALTERNATIVE FACILITY Effective: 04/28/99 Replaces: 04_/15/98 POLICIES AND PROCEDURES SUBJECT SLECTRONIC HQMH DETENT 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 . Venal Code Section 81.5, 830.1, 840, 1203 . 016, 3.208 .2, 1.208 .5 . GENERAL INFORMATION RgQgRM 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 1.243 .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 Number: 2-3 Effective: 04/28/99 Replaces: 04115198 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 casts. GENERAL INFORMATION PROGRAM M RVIEW 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 EHD 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 1996 for the purposes of providing private EHE 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: £ 4128/93 Replace, a 04/15198 Applicants must have at least a forty-five (45) day net sentence. No Good 'Tune/Mork Time credits will be given to private EHD participants. Developed to allow flexibility in the 'judicial system to place unsentenced individuals on electronic monitoring as a condition of own recognizance (o.R. ) . Defendants must apply for the pre-sentenced EHD program from custody and will only be granted an C.R. release to go into the program from custody. Individuals will be placed on pre--sentenced EHD as stipulated by a court order if deemed eligible by the Sheriff' s office. The following pending charged crimes will exclude program participation: * sex crime against a minor * felony sex crime * arson * manufacture of illegal drugs * . act of violence against police or emergency personnel. * any violent felony crime as defined in P.C. 667-5 (c) * any serious felony defined in P.C. 1 .92 .7 * stalking crime * three or more crimes involving violence * additional charges pending in any ether court * violations of Vehicle Cade Sections 2800 .2/2800.3 Program admission may be denied by the Court or Custody Alternative Facility (CAF) staff on a case by case basis if investigation discloses the applicant has been convicted or shows evidence of any of the following: * involvement in major drug sales and/or possession of large quantities of illegal,.. drugs. 3 Number: 2-3 Effective: 04{28/99 Replaces: 04/l5/98 failures to appear and failures on probation, parole, or other out-of-custody programs. addiction to drugs or alcohol * mental disorders escape risk history of institutional misconduct gang membership or affiliation * out--of-county held * alleged prior "strike" convictions such other factors as determined by the Court or CAF staff to apply to a particular case. All individuals violating terms, conditions and requirements of the program will be removed from the program, and be immediately arrested and returned to custody. In order to maximize options for the sentencing judge, a condition of participation in this program is an advance on the record waiver of all custody credits covered under P.C. 2900 . 5 that would accrue while the defendant is on this program. The District Attorney will be given two court days notice of the Court' s preliminary determination of program eligibility on any felony and they will have the opportunity to appear in court and agree against referral to this program. This will occur p to any referra 1 to CAF. Defendants on this program will consent to warrantless search and seizure by law enforcement personnel . The Court will develop and utilize a:, minute order that will provide for an O.R. release upon acceptance into this program. This will be created at the time of the court order and it will be forwarded to CAS`. It will contain a recitation of the O.R. understandings and the credit waiver. 4 Nuniber: Effective: 04228/99 Replaces: _04/15198 Fees will be assessed in accordance with current CAF policy. No Good Time/Work. Time credits will be given to Pre- Sentenced EHD participants. GENERAL INFORMATION ELIGIBILITY CRITERIA 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 RHD, 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 rom 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. * Lharcges pending (anywhere) that, if convicted, would make the person ineligible . 5 . Applicants who display the following may not be eligible for the EHD program. 5 Number: 2-3 Effective: _04128/99 Replaces: 04/15/98 * Uncooperative nature basedupon 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 ether custody alternative violations. * Child abuse. * Evidence of deviant or strange behavior. * Serious nature of any other felony or misdemeanor or prior record. 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 GC7OT3 TIMEZWORIC TIME 1 . No Good Time/Werk Time credits will be given to EHD participants. GENERAL INFORMATION APPLICATIONS FOR EHD PART ICIPATI©N 1 . Individuals wishing to apply for EHD must be sentenced on AI,L 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 6 Number: 2-3 Effective: Q4128/99 Replaces: Q4115198 regi-lest 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 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. .hail . Applications m=ast 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) . 7 Number: 2-3 Effective: 04 2 }/99 Replaces: 04/15/98 . The non-refundable fees include: $100 .00 Application Fee. * $ 13 . 00 Maintenance daily fee, minimum up to one hour grass pay per dad-. * $ 15 .00 Fee to obtain Police Report (if applicable) . * 14 . 00 Fee for Urinalysis Specimen Testing (mf applicable) . * 20. 00 Recalled Order For Arrest (if applicable) . PROCEDURE 1 &PPLjg&TI0NS REEVED AT MTODYALTERNATIVE FACILITY 1 . Applications will be time stamped by a clerk on the day they are received at CAF. 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 , 8 Number: 2-3 Effective: 04128/99 Replaces: Q4ZI8/98 b. Log it in the Master Application Log. * Assign an EHD program number to the application. * nate 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 . 014t-of- aunty Commitments An out-of-county commitment must. contain the following information. * Defendant ' s name. * Charges. * Sentencing judge' s name (signature) . Sentencing court name and name of originating county. * Courtseal. 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 PRC3 ESSING TALE APPLICATI{�� I . Upon receipt of a new application, the case manager will investigate it as follows: ' 9 Number: 2-3 Effective: 04/28/99 Replaces: 04/15/98-- a. Confirm it .has been signedby 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 halals 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 judge (s) , Probation {officers, arresting agency, victim(s) or custody staff for program recommendations. f . Bet an interview appointment . Attempt telephone contact with applicant . g. Contact the employer arch./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: 10 Nuniber s Effective : ' Q4/281 Replaces: iO4Z15/28 - - A current pay stub or other evidence of wage status. A job description inwriting. * 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 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 farm.. 11 Neer: -3 Effective: ' 04/281.99 Replaces t. 04LI / Discuss the terms and conditions of the EHL program with the applicant. Explain the basic operation of the monitoring equipment . The applicant is required to sign that he/she understands the EHL program rules. PROCEDURE 3 REVIEW of THE AR-PLICATION 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 assessment in general categories including, but not limited to. a. The sentencing judge has specifically ordered that the applicant may/mai'" not apply for the EHL program. The judge may, at a later time, order a participant be removed from EHL 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. taut-of-county holds (except minor traffic) . Any exceptions will be handled on an individual basis. 12 Number: 2-3 Effective: 04Z28/99 Replaces: 04/15/98 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. k. Past program failures or rejections will be evaluated on an individual basis . ? . 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 13 Effective: 04/28/92 Replaces: 04Z5f98_ 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 application package and the applicant 's responses to the interview both contribute when deciding an applicant ' s approval or denial . 4 . ACCEpM&BILITX Probable adverse public reaction or a lack of responsibilities (job, school, family etc. ) may result in a decision to deny EHL; for applicants otherwise eligible and suitable. 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. 14 Number: - 2-3- Effective: £34/28 99 Replaces: 04I15/98 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 . 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. 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 rakes it impassible to verify their actual location. This will be carefully evaluated, since some participants may have complex work schedules. * Employment where hours vary widely, frori 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 15 Number: 2-3 Effective: 0412819.9 Replaces: __041 .5198 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. 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, vehicleregistration, 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 a.pplicantIs 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. a . Applicants at the time of application must have at least a forty-five (45) day net sentence to serve. 16 Number: 2-3 Effective: 04Z2-8/ ..3 ec3vtzk4128I 9 Replaces: # 4/1512#3 'the court will require applicant to report to CAF within three (3)wee s from sentencing date. Exceptions will be evaluated on an individual basis. 3 . Discrimination of the basis of sex, race, greed or national origin is prohibited. 7 . The FHD case manager will detail their recommendations can the investigation form. S . The CAF Sergeant or designee will review all denied files and return the file with their recommendation to the case manager for further processing. 9. Case managers may not make adetermination 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 MID clerk will subsequently, forward written notification to applicant .specifying that they are "denied pending" a change in the 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 y CAS` 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 mist be 17 Number: 2-3 Effective: Q4/28129 Replaces: 04/15/98 approved through the CAF Director or Sergeant. GENERAL INFORMATION EVALUATION OF TIDE APPLICATIONS 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 . 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 CAF on the specified commitment dale and time .for booking and AHD 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 process per the Fall. Management System procedures. 4 . Secure signed, program forms: * EHD Agreement . i8 Number: 2-3 Effective: 04/28/99 Replaces; 04/15/98 EHD Equipment Receipt . * Budget/Financial Statement. Fee Agreement. Field Supervision Loci. Tenant Agreement (to be signed by oint tenants at the residence) '. * Thumbprint to be placed on booking sheet and EHD form. * Send to CIS for fingerprints (commencement of program will be held in abeyance pending receipt of CIS fingerprint verification) . 5 . Complete EHD electrical hookups per manufacture ' s directions, including 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 . ATITHE 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. 1.9 Number: 2-3 Effective: 0412-8J21- Replaces: 4 2- 21-Replaces: 04/15/98 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 A.PPLTIC3NS I . 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. In addition, applicants will be denied if ; a. Additional charges are pending, possibly excluding minor traffic violations. b. Any HOLDS exist, possibly excluding any minor traffic violations. C. 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 CAS' Director, Sergeant or designee. The file will be returned to the case manager for further processing. 3 . The EHD senior clerk will send a denial 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. 20 Numbers 2-3 Effective: (3412 ,199 Replaces: 04/15/28-- a. The sentencing court will be notified of the denial . b. Update the EHD log book. PROCEDURE 6 APPLIgATIQNS APPROVED PENDING 1 . An application may be approvedpending 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 conditionally approved are: a. Pending the employer' s cooperation. b. Pendine receipt of the Probation Officer' s report . G. Pendine the results of physiological testing. d. Pending any other necessary consideration deemed significant by the case manager or CAS` Sergeant . 2 . Subsequent to any conditionally accepted (approved pending) applications, the following may occur, if appropriates 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 DENIALS - THE APPEAL PROgESS 21 Number: 2-2 Effective: X4128/99 Replaces: 04/15/98 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 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 better 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 five (5) days from the date of the denial letter and prior to the jail turn-in-date. * Modification of sentence should not be 22 Number: -3 Effective.- 04/28 99 Replaces: Q4/15J98 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. GENERAL N"FL)RI ATIC3I+I pp &TjOXp_ Fgg ZpUN L3 R + S 1.. The EHD process, guidelines, and criteria applies to all individuals who mare application for EHD participation. 2 . EDiMTIQkI 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, whale attending school . d. When applicants are enrolled at campuses maintaining and operating their own police agency, the case manager may advise that 23 Neer. 2-3 Effective: Q4/2199 Replaces: Q411-5/28 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 better their level of education. 3 . QTHER PURPQSES a. EHL) 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 with the program philosophy regarding a productive and/or necessary purpose. GENERAL INFORMATION f9UPERVISION Q EHD 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 ether case managers, if necessary. 3 . Case managers will be available to meet with and 24 Number: -3 Effective: 04/28/29 Replaces: 04/15/98 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 tanager will : a. Obtain and verify any required documentation of program compliance. bn 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 EQUIPMNT INSTALLATION - FI:NAL ORIENTATION The case manager will perform the initial installation of the transmitter and receiver in conformance with the manufacturer' s equipment instructions. I . , The case manager will a.. Confirm that the applicant has provided all necessary documentation not secured during the investigation and/or interview. b. Confirm that circumstances have not changed. 25 Number: Effective: Q4128 22 Replaces: 1598 since the approval date; i .e. , new job, different transportation, etc. C. Make any necessary referrals; Alcoholics/Narcotic. 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 and signed the EHD agreement . g`. Explain that in cases of emergency involving the physical well being of either the participant or family merrier, the participant may attend to that ratter 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 INFORMATION CURFEW SCMDULES 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. 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 26 Number: 2 Effective: 04128Z22- Replaces: 41 8/25Replaces: 94/15Z,90.__ - , 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.. 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 consideredconstructive and: a. Is verifiable and/or necessary. b. Will benefit financially or educationally the participant, participant 's family, or the community. Anything over sixty (60) hours per week would be viewed as excessive and given close scrutiny by the case worker. 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 gave the case manager at least twenty--four (24)hours advance notice of the date (s) , 27 Number i 2-3 Effective.- /28t'`�� Replaces: 04/15�j9� _ -- 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. * 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 partici Number: - Effective: _94/28/99 Replaces: 04/15/98 until the crisis has passed. He/she will t he n 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. 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 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. 29 Numbers 2-3 Effective: Q4/28-/.92-- Replaces: 4/ 8-/.92Repl.a.ces: 0411519 2 . The equipment has memory storage and power backup capability allowing alarms and status changes to accumulate during those times staff is not ava:_lable to immediately respond to them. . Cass: 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. PROCEDURE 8 ELECTRONIC- MP—NITO- i CQ Y"I L ATIOTHS 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. y a. A single curfew violation exceeding thirty (30) minutes may be grounds for program removal . b. Any criminal violationwill constitute immediate program removal . 30 Number: 2-3 Effective: 04/28/99 Replaces: 04/15/98 4 . An unauthorized tamper report may constitute grounds for removal from the program. Reports of temper or ether 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. b. absent, any response, the case manager will carefully consider and evaluate : * The necessity for a personal response to the residence. The need to obtain police assistance from the local agency or aCAF Deputy. Case managers will never respond alone in this situation due to safety considerations . S . 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 is apparent that a., participant has absconded from supervision, all electronic 31 Number: 2-3 Effective: Q4/28Z�9 Replaces: 04/15/98 - - -- monitoring 34/ 98monitoring equipment shall be removed from the participants residence. The case manager will document the incident . The CAF Director or Sergeant will initiate a 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 it for a criminal complaint . MER VIOLATIONS 8e 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 EIS program . A positive test for drug/alcohol use will result an Incident Report and immediate review by the case manager and will be brought to the attention of the CAF Sergeant. The results of the test will be discussed with the participant and will include the circumstances and extent of use. 'Eased 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. 32 Number: 2-3 Effective: 04Z$129 Replaces: 04/15/98 b. All Future drug/alcohol tests will be charged to the participant at a rate of $14.00 per teat, 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 EHD program will be necessary and mandatory whenever a participant is : a. A danger to him/herself . b. A danger to any ether person. C. Likely to abscond from EHDI 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 TERM1N T,jo M PROGRAM 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 CAF'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, pricy criminal arrest history and previous field/office contact experiences. 1f this action is taken, consideration shall be given to the safety of all 33 Number t 2-1 Effective: 04/28/99 Replaces: 04/15 8 - - individuals involved to include the time, place and prior planning of any arrest . Assistance by other law enforcement officers, in those cases where safety is a question, will be obtained to perform this function. 3 . When a participant is arrested (normally by CA Deputy) or otherwise removed from the EHL 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. 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 care 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 CAE eliminates the reliance on ether facilities for the booking process. PROCEDURE 10 g __PRQGI M COURT 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 green copy will be sent to CAS'. 34 Number: 2-3 Effective: Q402$/" Replaces: Q4/15/98 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 clerkr 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. 3 . Upon receipt of the commitment ar*d 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 OFA, and there will be no referral back to the court for disposition. S . Those applicants not qualifying for EHD participation will be given a denial letter with a "tarn in" date to surrender for their sentence at CAF. The "turn in." date shall be within one (I) week of the program denial. The denial letter- will give a detailed explanation of the appeal, process. Denied applicants may be taken into immedi Number: —2-3 Effective: 04228 23 Replaces: 44598 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 EHE] enrollment. This benefits CAF and the courts since: 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. S . 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 farm 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 OFA cannot be issued without a completed. PTA (signed and witnessed) . C . Any commitments sent backto the court for disposition will be accompanied by information advising the courts * The defendant has failed to comply with GAF's notice to appear'. * CAF cannot issue an order for the defendant ' s arrest because the PTA is 36 Number: 2--3 Effective. ' 04/28/99 Replaces: 04/15/28 incomplete. * The defendant is unsuitable and denied for EHD participation. GENERAL INFORMATION AMWAL REVIEW/UPDATE This policy is reviewed annually and updated as necessary by the CAS' Director. Approved Mike Rutledge, D`recto Custody Alternative Facility Date: 9- Approved:Approved: Gregg acre, Commander Custody Services Bureau Date: 1411 37 aFF ICE OF .T $rs"'ER.IFF WARREN E.RUPF COWrRA COSTA CLU= SHERIFF Custody Alternative Facility 900 Thompson Street Martinez, CA. 94553 (51.0) 646-4.932 ***SAMPLE EHD DENIAL LETTER*** DATE _ File # Dear Your court referral to or application for participation in the Electronics Rome Detention (E10) Program has been DENIED for the following reasons The facts of your crime do not aglow for EHD participation per e igibllity 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 al1 available information and has denied your participation. for EHD Program based upon eligibility, suitability and/or acceptability factors. if you wish to appeal this decision, you rust do so immediately, and prior to your turn.-Yin date, by telephoning the Custody Alternative Facility (CAF) to schedule an appeal hearing wj..-1 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 tine of your appeal hearing, you rust present a written appeal out'ining the basis of your appeal request . if your appeal is denies:, you should be prepared to :be taken into custody at that time. If you are in custody, submit an Inmate Recruest Form to the CALF Sergeant . Since you have been denied participation in the Electronic Horse Detention Procgm-am and you are now required 'Co serve your sentence in custody, you will surrender yourself at 900 Thompson Street, Martinez, CA 94553 on: MONTH DAY, YEAR 1TIVE IF YOU FAIL TO SURRENDER. AT 'THE ABOVE DATE AND TIME, ,A SHERIFF'S NO-BAIL ORT}ER, FOR YOUR ARREST WILL BE ISSUED WITHOUT FATHER NOT'IFICA'TION. Do not submit a new application for the EHD Program. Very truly yours, WTAREN E. RUP F, SEER I FF By: Original to Participant Copy to File CAB:FR.M:0 i 0 REV 10/97 ` PROMISE TO APPEAR ` COURT REFERRAL (}WAP (514)646-4674 Contra Costa County Sheriff's t {}EHD (514)646-4932 Custody Alternative Facili ()PAROLE (514)646€713 900 Thompson St. Martinez,CA 94553 NAME: DOB: COURT DK.#(s): ADDRESS: crfY: ZIP CODE: RACE: _SEX: SEX: HEIGHT: WEIGHT: 1IAlR_ EYES: _ DL#: SSN#: HOME PHONE#: WORK#: STATE OF BIRTH: —COUNTRY.— CONTACT OUNTRY:CONTACT CUSTODY ALTERNATIVE FACILITY AND SCHEDULE YOUR APPOINTMENT BY: YOU HAVE BEEN SENTENCED TO JAILS r THIS IS NQ,VOLUNTEER WORK OR COMMUNITY SERVICE...IF YOU FAIL TO CONTACT OR KEEP YOUR APPOINTMENT, AN QR DA WILL BE ISSUED WITHOUT FURTHER PROGRAM. CONSIDERATION. £)WORK ALTERNATIVE PROGRAM PROGRAM FEES INCLUDE A 5144.44 non-refundable application fee(subject to change)plus 514.44 for each day sentenced 10,1 ,L ME D tFjIN FUI - AT.T E OF 011`l t EhM Be prepared to pay the program fees in CASA,MONEY ORDER.OR CASHIER'S CHECK PERSONi CHECKS WILL NOT BE ACCEPTED. Refer to the back of this form for further information. I am giving my promise to contact the Custody Alternative Facility "WORK ALTERNATIVE PROGRAM"to schedule an interview by the above listed date I fad to do so,an"ORDER FOR ARREST"will be issued. I understand that participation in this program is a privilege and NOT a right and that I will be give an appointment for approximately one month from the date I appeared in court. I will be on time for my appointment. Otherwise I understand I may not bs seen. when I appear for my appointment,I will bring a copy of the court a ockWwatencing paper,a copy of the Promise To Appear and my total fees in full Y may be taken into custody or assigned a jail surrender date if your application and/or appeal is denied. FAILURE TO APPEAR.AT THE TIME SPECIFIED IS A MISDEMEANOR PER 4024.2(c)P.C. ()EL,ECTROMC HOME DETENTION/COUNTY PAROLE I am giving my promise to apply during the above limed we>& If I fail to do so,an"ORDER FOR ARREST"will be issued. I understand that participation in program is a privilege and NOT a right I will bring a completed Custody A€ternattive Facility application,copy of the court docketrsentenciag paper,copy of my polio report,and a$100.00 non-refundable application fee(subject to change)in CASA,MONEY ORDER OR CASHIER'S CHECK PERSONAL CHECKS WILL NOT BE ACCEPTED. Daily maintenance fees are one hour's wages per day to the Minitnum Of$10.00 per day. You may be taken into custody or assigned a jail surrender date ifyour application and/or appeal is denied. FAILURE TO APPEAR.AT THE TIME SPECIFIED IS A MISDEMEANOR.PER 1213 P.C., 1203.016(c) P.C. DO NOT BRING CHILDREN TO YOUR APPOINTMENT For their safety and the sa€ety of our staff NO children are allowed in interview roonm I understand that the Sheriff may unmedidely take me into custody to serve nay sent wee if I fnd to appear at the Custody Alternative Facility,or am in non- compliance with this Promise to Appear at any time during the application process. If i fail to appear and i am apprehended outside the State of Caffor nia,I hereb, waive extradition. I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS"PROMISE TO APPEAR". Signature: listen Witness Date: DO NOT CONTACT TF#F.roitRT vno ORDINANCE NO. 99-22, (Electronic Horne Detention Policies &Procedures) The Contra Costa County Board of Supervisors ordains as follows: The ATTACHED Policies &Procedures for the Sheriff's Electronic Home Detention Program are adopted. SECTION I. SUMMARY: This ordinance increases the daily maintenance fee for the Sheriff's Home Detention Program to $13.00 per day. A public hearing was held April 13, 1999 to consider increasing this fee. In accordance with Penal Code Section 1203.016 (d)(1),the Board of Supervisors adopts the Policies& Procedures of the Sheriff's Electronic Home Detention Program to implement that increase. PASSED on _ ,by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator BY: Deputy Board Chair ORDINANCE 99-22 ORDINANCE NC?. 99-22 (Electronic Home Detention Policies&Procedures) The Contra Costa County Board of Supervisors ordains as follows: The daily maintenance fee for the Sherif s Horne Detention Program is increased to $13.00 per day. SECTION I. SUMMARY: This ordinance increases the daily maintenance fee for the Sheriff's Home Detention Program to $13.00 per clay,commensurate with an increase in costs to the Sheriff s Office. A public hearing was held April 13, 1999 to consider increasing this fees no objections were heard. PASSED on ,by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator BY: Deputy Board Chair ORDINANCE 99®22