ELECTRONIC MONITORING PROGRAM POLICY

VENTURA COUNTY SHERIFFS OFFICE

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VENTURA COUNTY SHERIFFS OFFICE I. ELECTRONIC MONITORING PROGRAM EXPLANATION AND PURPOSE

Mission Statement: The Ventura County Sheriffs Office is committed to operating an electronic monitoring program that maintains the highest public confidence, credibility, and public safety. Court Authorized Pretrial Electronic Monitoring Program: Adult custody alternatives should remain consistent with advancing technologies, and serve as an appropriate sanction to offenders, while lowering the Countys cost of incarcerating defendants that can be released and safely monitored in the community. According to California law (Penal code Section 1270), a person arrested for a noncapital offense is entitled to be considered for an own recognizance (O.R.) release and may be released by a court magistrate. Sheriffs deputies assigned to the Electronic Monitoring Program will complete a pretrial review of defendants who may be eligible for the Electronic Monitoring Program. Once the review is completed, a report will be prepared for the court recommending release to the Electronic Monitoring Program. The pretrial investigation report will include a synopsis of pending case(s), prior criminal and delinquency history, residency, employment, family information, references, current and/or former performance on probation/parole, and a risk assessment. Along with the release recommendation, the court also evaluates flight risk and community safety. If the court determines that release is warranted, the defendant would be ordered released to the Ventura County Sheriffs Office Electronic Monitoring Program. In the case of defendants who are released to the Electronic Monitoring Program, the assigned deputy keeps the courts informed regarding compliance and recommends court action when appropriate. The defendants pretrial compliance is also evaluated and included in the defendants pre-sentence screening report. Pretrial Monitoring per PC 1203.018 Penal Code section 1203.018 authorizes the Sheriffs Office, with approval from the Board of Supervisors, to operate an electronic monitoring program for inmates being held in lieu of bail. In order to qualify for participation in an electronic monitoring program pursuant to this section, the inmate must have no holds or outstanding warrants. Additionally, one of the following two circumstances must apply:

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1) The inmate has been held in custody for at least 30 calendar days from the date of arraignment pending disposition of only misdemeanor charges; 2) The inmate has been held in custody for at least 60 days from date of arraignment pending disposition of charges. The Board of Supervisors, in consultation with the Sheriff and District Attorney, may prescribe reasonable rules and regulations under which an electronic monitoring program pursuant to this section may operate. As a condition of participation, the inmate shall agree to give his or her consent in writing to participate and shall agree in writing to comply with the rules and regulations of the program. (See Ventura County Sheriffs Office Pre-Trial Supervision / Electronic Monitoring Contract on pages 29-32 for details.) The rules and regulations shall be given to every participant. The Board of Supervisors and the Sheriffs Office shall review the rules and regulations annually. The Board of Supervisors may prescribe a program administrative fee to be paid by each electronic monitoring participant. Whenever the Electronic Monitoring Unit believes a participant is not complying with the rules or conditions of the program or the electronic monitoring devices are unable to function properly in the designated area of confinement, the Unit may, without a warrant, retake the person into custody. All persons removed from program participation shall be notified in writing of the specific reasons for the removal. The notice of removal shall include the participants appeal rights, as established the program administrative policy. A person shall be eligible for participation if the Sheriffs Office concludes the person meets the criteria for release under this section and the persons participation is consistent with the rules and regulations prescribed by the Board of Supervisors or the administrative policy of the Sheriffs Office. There is no requirement the Sheriffs Office allow a person to participate in the program if it appears that the person has not satisfactorily complied with reasonable rules and regulations while in custody. The Sheriffs Office shall have discretionary authority to permit program participation as an alternative to physical custody. The Sheriffs Office may permit electronic monitoring participants to seek and retain employment, attend psychological counseling or educational or vocational training classes, or seek medical and dental assistance. Willful failure of the program participant to return to the designated place of detention, or unauthorized departures from the designated place of detention is punishable pursuant to Penal Code section 4532, Escape. Not withstanding any other law, upon request of a local law enforcement agency with jurisdiction over the location where a participant is placed, the Sheriffs Office will provide the following information about participants:

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1) Name, address, date of birth, gender, and ethnicity; 2) Offense(s) alleged to have been committed by the participant; 3) Period of time the participant will be on electronic monitoring; 4) Whether the participant successfully completed the program.

Post Sentencing Electronic Monitoring per PC 1203.016 Penal Code section 1203.016 authorizes the Sheriffs Office, with approval from the Board of Supervisors, to operate an electronic monitoring program for inmates committed to county jail. Inmates may voluntarily participate or involuntarily be placed into a home detention electronic monitoring program during their sentence in lieu of confinement in county jail or other county correctional facility. The Board of Supervisors, in consultation with the Sheriff, may prescribe reasonable rules and regulations under which an electronic monitoring program pursuant to this section may operate. As a condition of participation, the inmate shall give his or her consent in writing to participate in the program and shall in writing agree to comply, or for involuntary participation, the inmate shall be informed in writing that he or she shall comply, with the rules and regulations of the program. (See Ventura County Sheriffs Office Pre-Trial Supervision / Electronic Monitoring Contract on pages 29-32 for details.) Whenever the Electronic Monitoring Unit has reasonable cause to believe the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the Unit may, without a warrant of arrest, retake the person into custody to complete the remainder of the sentence. A person shall be eligible for participation if the Sheriffs Office concludes the person meets the criteria for release under this section and the persons participation is consistent with the rules and regulations prescribed by the Board of Supervisors or the administrative policy of the Sheriffs Office. There is no requirement the Sheriffs Office allow a person to participate in the program if it appears that the person has not satisfactorily complied with reasonable rules and regulations while in custody. The rules and regulations shall be given to every participant. The Board of Supervisors and the Sheriffs Office shall review the rules and regulations and the program administrative policy annually. The rules and regulations shall be given to or made available to any participant upon request. The Electronic Monitoring Unit shall have sole discretionary authority to permit program participation as an alternative to physical custody. All persons referred or

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recommended by the court to participate in the electronic monitoring program pursuant to this section that are denied participation, or all persons removed from program participation, shall be notified in writing of the specific reasons for the denial or removal. The notice of denial or removal shall include the participants appeal rights, as established by program administrative policy. The court may at the time of sentencing, or at any time the court deems necessary, restrict or deny the inmates participation in an electronic monitoring program. The Sheriffs Office may permit electronic monitoring participants to seek and retain employment, attend psychological counseling, educational or vocational training classes, or seek medical and dental assistance. Willful failure of the program participant to return to the designated place of detention or unauthorized departures from the designated place of detention is punishable pursuant to Penal Code section 4532, Escape. The Board of Supervisors may prescribe a program administration fee to be paid by electronic monitoring participants. The fee will be based on ability to pay. Inability to pay all or a portion of the program fees shall not preclude participation in the program, and eligibility shall not be enhanced by reason of ability to pay. Not withstanding any other law, upon request of a local law enforcement agency with jurisdiction over the location where a participant is placed the Sheriffs Office will provide the following information about participants: 1) Name, address, and date of birth; 2) Offense(s) committed by the participant.

Goals and Benefits: The Ventura County Sheriffs Office Electronic Monitoring Program can be an effective tool in both assuring community safety and reducing jail populations. The goals and benefits of an effective program are: 1) The opportunity to objectively balance public safety against the constitutional rights of a defendant pending trial. 2) Allow program defendants to maintain or seek employment, maintain family ties, and participate in appropriate counseling and programming as necessary while awaiting trial and after sentencing. 3) Provide the court with an opportunity to evaluate a defendants pre-conviction supervision compliance.

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4) Lower the countys cost of incarcerating individuals that can be safely released and monitored in the community.

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VENTURA COUNTY SHERIFFS OFFICE II. SCREENING PROCESS FOR COURT AUTHORIZED ELECTRONIC MONITORING

A.

Exclusionary Criteria: Certain mandatory criteria will be used to exclude defendants from the Electronic Monitoring Program (EMP).The exclusionary criteria are as follows: 1) Any defendant with a hold, including but not limited to, immigration and state parole, violations of probations, out-of-county or out-of-state warrants. Any defendant that, if convicted as charged, would be statutorily ineligible for probation, pursuant to 1203(k) of the Penal Code. Any defendant charged with an offense listed in Section 667.5(c) of the Penal Code. Any charged offense in which the defendant would be required to register under Section 290 or 457.1 of the Penal Code. Any defendant charged with a crime where a gun was used as an instrument of the crime (Excluding 12025 and 12031 PC). Any defendant charged with a gang enhancement. Any defendant who is under active parole supervision. Any defendant on out of county probation. Any defendants facing a possible third strike offense. Any defendant who is under active probation supervision with the execution of sentence suspended. Any new offense while on ordered release, bail, or electronic monitoring. Current drug sales offense (large quantity, does not need to be charged).

2)

3)

4)

5)

6) 7) 8) 9) 10)

11) 12)

The following discretionary exclusionary criteria will be used on a case-by-case basis and do not necessarily preclude participation in the program: 1) Any offense in which a weapon was used (does not need to be charged).

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2) 3) 4) 5)

History of drug sales (large quantity does not need to be charged). Any defendant with a history of domestic violence convictions. Any defendant charged with a domestic violence offense. Any defendant charged with an offense listed in Section 1192.7(c) of the Penal Code. Any defendant charged with an offense that would fall under 1270.1 of the Penal Code. Any person on non-revocable parole. Court ordered bail increase (reasons must be investigated via motion to Increase bail). Prior poor performance on electronic monitoring or probation (juvenile or adult). Gang affiliation. Past or present behavior that displays a threat to himself or herself or the community. Risk to the community due to level of alleged violence or criminal behavior. Sophistication of offense or fugitive behavior. Poor behavior while in custody past and present.

6)

7) 8)

9)

10) 11)

12)

13) 14) B.

Participation Requirements: In addition to the above, defendants in general, must fall within the parameters listed below. In most cases, it will not be possible to gather this information until an interview with the defendant is conducted. 1) Defendants must agree to program supervision requirements, agree to wear a monitoring device, and when applicable, pay any administrative and daily fees. Defendants must have a residence, be a resident of Ventura County, and live within approved boundaries.

2)

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3)

Defendants who operate a motor vehicle must have proof of a valid drivers license and insurance. Defendants may not pose a threat to the community and/or victim as determined by the Ventura County Sheriffs Office. Defendants may not be pending any charges in any jurisdiction, other than the matter(s) that resulted in commitment to the program.

4)

5)

C.

Screening Potential Court Authorized Participants: Based on the inmate population, the Classification Sergeant will notify personnel assigned to the classification desk to initiate the initial screening process for the Electronic Monitoring Program (EMP). The Classification Desk Deputy will conduct the initial screening of suitable defendants for the EMP. The Classification Deputy will review the incoming inmates booking documents and complete the Classification process as s/he normally would. The Deputy will determine if the inmate meets the programs criteria by reviewing the inmates current charges and custody history during the classification process. If the defendant initially meets the criteria, the Classification Deputy will go to Classification Details tab and select the Electronic Monitor Yes box. For those defendants who are excluded from the Electronic Monitoring Program, the Classification Deputy will select the Electronic Monitor No box. This will allow the Electronic Monitoring Unit (EMU) to compile a list of defendants who have met the programs initial screening criteria. Once potential defendants are identified, cases will be assigned to the EMU, who will continue the screening process by gathering background information from VCIJIS and police reports.

D.

Screening Process: Once a case is assigned to the EMU, a deputy will gather information from the following sources:

1)

California Law Enforcement Telecommunications System (CLETS) printout (also known as a criminal history report sheet).

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2)

Federal Bureau of Investigations (FBI) criminal history report.

3)

Department of Motor Vehicles (DMV) history.

4)

Ventura County Integrated Justice Information System (VCIJIS).

5)

Any other investigative resources.

If the defendant does not have any prior offenses which exclude him/her from participation in the program, the deputy will contact the defendant while in custody and conduct a detailed interview with him/her. The deputy should thoroughly address each item listed on the Defendant Interview worksheet. The attorney of record and the District Attorney (DA) will also be contacted, to notify them that the defendant is being reviewed for release on electronic monitoring. A Release of Confidential Information and Authorization for Residence and Employment Verification form will be signed by the defendant during the screening interview. A field visit verifying the defendants residence will be conducted, as well as a field visit/or phone call verifying the defendants employment. If the defendant is found suitable for the EMP, the deputy will complete the Pretrial Screening Report. After the Pretrial Screening Report is completed, and the defendant qualifies for the Electronic Monitoring Program, the deputy will schedule a court date to begin the release process. He will also notify the attorney on record, the District Attorney and law enforcement agency with jurisdiction of the defendants residence, upon the defendants release. The EMU will coordinate with the Sheriffs Office Crime Analysis Unit for the distribution of an information flyer. The flyer will be forwarded to the law enforcement agency of jurisdiction advising them of the defendants release on Electronic Monitoring and the defendants return to the community. E. Electronic Monitoring Pursuant to PC 1203.016 and PC 1203.018 Participants, who are to be selected to participate in the Electronic Monitoring Program pursuant to PC 1203.016 and PC 1203.018, must be selected and screened based on the requirements set by these penal codes and Sheriffs Office policy.

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PC 1203.016 In order to qualify for participation in EMP, pursuant to this section, must be sentenced. PC 1203.018 In order to qualify for participation in an electronic monitoring program pursuant to this section, the inmate has to have been held in custody for at least 30 calendar days from the date of arraignment pending disposition of only misdemeanor charges. On felony charges the inmate has to have been held in custody pending disposition of charges for at least 60 calendar days from the date of arraignment.

F.

Completing the Pretrial Screening Report: Each section of the report will be completed as described below: 1) Courtroom: The Pretrial Screening Report should return to the courtroom that last heard the case. The courtroom can be found by accessing the court docket in VCIJIS. Case Number: The case number can be obtained by accessing the court docket in VCIJIS. Hearing Date and Time: The hearing date will be set no more than two weeks from the date of case assignment. Judge: List the judge that last heard the case. The name of the judge can be obtained by accessing the court docket in VCIJIS. Defendants name: List the court true name of the defendant, which can be found by accessing the court docket in VCIJIS. Also, list all aliases if substantially different than the defendants court true name. Person number: The defendants person number can be obtained by accessing the Person Summary screen in VCIJIS. Charged Counts: The charged counts can be obtained by requesting the most recent charging document from Superior Court Records at the Hall of Justice. List each count along with special allegations or enhancements. Bail Amount and Special Conditions of Release: The latest bail amount and special conditions of release can be obtained by accessing the court docket in VCIJIS.

2)

3)

4)

5)

6)

7)

8)

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9)

Other Pending Charges: List all pending charges and case numbers in Ventura County, as well as any other jurisdictions. Information can be obtained by accessing VCIJIS and the CLETS printout. If necessary, phone calls may need to be made to other jurisdictions to obtain required information. Custody Time: Calculate and list the actual amount of time the defendant has been in custody. This can be done by accessing the jail screens in VCIJIS. Include all days up to and including the date of the Pretrial screening hearing. Jail Incident Reports (JIRs): Access JIRs by using the jail screens in VCIJIS. List Yes or No. If Yes is listed, refer to Additional Information Section should also be listed in parenthesis. Drivers License Number: The drivers license number(s)/identification card number(s) can be obtained from the CLETS and DMV records. List all driver licenses and/or identification card number(s) and the status. CII Number(s): The CII number(s) can be obtained by the CLETS printout. CII numbers should all begin with the letter A. If a CII number begins with the letter H or M, the defendant has a criminal history that is not automated and a request must be made through the Department of Justice. The CII number must be verified by a Livescan return. Attorney: The name of the attorney of record can be obtained by accessing the latest court docket in VCIJIS. If the attorney is a private counsel, their phone and fax numbers should also be listed if known. Employment and Length: List defendants current employer and length of employment, which can be obtained via the screening interview. Also list if their employment has been verified as well as the method of verification. Income: List income as reported by the defendant. List income as weekly, bi-weekly, or monthly, as well as the amount of one hours net pay, and the method of verification. Prior Employment and Length: List prior employment in the past 2 years and length of time at each position. The defendant will supply this information. Other Support Sources: List other sources of income or support as reported by the defendant within the last two years. The defendant and/or family members will supply this information. Also list the method of verification.

10)

11)

12)

13)

14)

15)

16)

17)

18)

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19)

Social Security No.: Obtain the defendants Social Security Number from the CLETS printout. List all Social Security Numbers provided. Date of Birth (DOB): Obtain the defendants date of birth from the CLETS printout. List all dates of birth provided. Age: Calculate the defendants age by using the date of birth provided by the CLETS printout. Marital Status: Obtain the marital status from the defendant. defendant is married, list how long they have been married. defendant is divorced, list the year the divorce was finalized. If the If the

20)

21)

22)

23)

Children: List all children and their ages as reported by the defendant. Also list if the defendant supports any or all of the children financially. Criminal History Reports: The information from the criminal history report will be detailed in the pre-screening report. On Probation or Parole: Obtain information on active probation and/or non-revocable parole cases by accessing VCIJIS and CLETS. List all active probation case numbers, charges, disposition, and status. For parole cases, list the committing offense, disposition, and contact the parole agent for additional information, if needed. References: List the names of any individuals contacted during the course of your investigation and their relationship to the defendant (ex:-wife, parents, employer). If others have been contacted during the investigation, refer to the Additional Information section of the report and discuss the nature of the contact and what was discussed. Priors: Obtain information for prior juvenile adjudications and adult convictions by accessing VCIJIS, the CLETS printout, and utilizing probation records. Be sure to list the number of failures to appear of each case. a. Juvenile: List sustained petitions as well as violations of probation. List the date, year, and the charge that was sustained. Adult: List convictions only. List the date and year of conviction, as well as the charge and level of offense.

24)

25)

26)

27)

b.

28)

Circumstances of Offense: Information regarding the circumstances of the offense will be obtained from the police reports which will be obtained by requesting the report from the arresting agency.

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29)

Defendants Statement: A statement will be obtained from the defendant during the screening interview. The statement should include, but is not limited to, the following: a. The defendants willingness and ability to comply with the rules of the Electronic Monitoring Program (EMP). A narrative of the defendants community and family ties. A history of the defendants drug use. A history of any gang membership/association.

b. c. d.

The defendant WILL NOT be questioned regarding the circumstances of the offense for which s/he is pending trial. 30) Victims Statement: Attempt to contact anyone listed as a victim in the charging documents and obtain a statement regarding: a. b. How they feel about the defendant being released from custody. If they fear for their safety.

31)

Additional Information: List any information not already discussed that should be considered. List any overriding factors and explanation of any JIRs. Evaluation/Recommendation: List recommended release or denial to the program based upon the risk assessment and includes docket codes and terms of release.

32)

The screening report should then be submitted for review to the EMU sergeant. Nothing is to be filed until a review has been completed. The matter will be set on the calendar for the soonest available hearing date and time Filing a moving document to place the matter on calendar 1) 2) 3) Notify all involved parties (i.e. District Attorney, Defense Attorney) File report with the Court in Room 118 at the Hall of Justice Notify the VSO Transportation/ Court Services unit of the hearing date, time and courtroom

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F.

Confidentiality: Any information regarding defendants that is already known or obtained during the course of an investigation is considered to be confidential.

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VENTURA COUNTY SHERIFFS OFFICE III. ELECTRONIC MONITORING SUPERVISION STANDARDS

A.

Release Process: 1) Court Authorized Electronic Monitoring Once the court has found the defendant suitable for participation in the Electronic Monitoring Program (EMP), it will order the defendant to be released from custody at 8:00 a.m. the morning following the court hearing. The defendant will also be ordered to report immediately to the Ventura County Sheriffs Office Electronic Monitoring Unit (EMU) located in the lobby of the Ventura County Sheriffs Pre-Trial Detention Facility, located at 800 S. Victoria Avenue, Ventura, Ca., 93009, so they can be placed on electronic monitoring. A deputy assigned to the EMU will be present at the Ventura County Main Jail when the defendant is released so that the defendant can be escorted to the EMP office for the intake interview. However, if this is not possible, it is the defendants responsibility to report to the EMU office immediately upon their release. Once a defendant reports to the EMU office, s/he will be escorted into the EMU office and the intake interview will be conducted. 2) Electronic Monitoring per PC 1203.016 and 1203.018. Once the defendant has been determined to be suitable for the electronic monitoring program, the inmate should be placed into the program as soon as practical.

B.

Intake Interview: The intake interview will include a review of the Defendant Interview Worksheet, which was completed during the screening process at the time of booking. The deputy will verify all information is true and correct, as well as obtain any new and/or pertinent information not previously obtained. The deputy will explain the Electronic Monitoring Program contract in detail to ensure the inmate understands the terms and conditions. All court orders regarding release will be explained and signed by the inmate. Any forms that were not signed during the screening process should be explained and signed at the time of the Intake Interview. The deputy should verify that the following forms are completed: 1) Authorization for Release of Confidential Information;

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2) Authorization for Residence and Employment Verification; 3) Supervised Release/EM contract; 4) Limitations of Prescription Drug Use; 5) Health Insurance Portability and Accountability Act (HIPAA); 6) EM equipment installment instructions (if required); 7) EM schedules and boundaries. In addition to the above mentioned items, reporting instructions, field visits and testing procedures (to be explained later in this chapter) will be explained to the inmate. If the court has not ordered search or test terms, in court authorized electronic monitoring cases, the deputy must line out and initial that portion of the contract. If Released on Electronic Monitoring (EM): At the conclusion of the intake interview, a GPS device will be placed on the inmates right ankle, unless unusual circumstances require the device to be placed on the left ankle. Instructions on how to care for the equipment will be explained to the defendant and he/she will also be advised that should the electronic monitoring equipment be lost or damaged, he/she will be held financially responsible. Once the interview and placement of electronic monitoring equipment is completed, the defendant will be directed to go directly home, plug in the electronic monitoring equipment and call the EMP deputy once the equipment has been successfully installed. The EMP deputy will log onto the Behavioral Interventions (BI) website to verify that the equipment is in fact installed and transmitting correctly. After the defendant has been placed on the EMP, the deputy assigned to supervise the defendant will electronically re-house the defendant in VCIJIS. The new housing locator for the defendant will be entered as EM in the facility section of the housing locator. C. Electronic Monitoring Fee Schedule The County may charge a fee to participants in an electronic monitoring program. Generally, all fees will be paid in advance. Each offender shall be assessed a daily fee of the equivalent of one hours net pay per day. Failure to pay in a timely fashion will result in an administrative review of the circumstances. Failure to pay fees as scheduled may result in adjustments being

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made to the daily rate (either up or down) or the participant being taken back into custody to serve the remainder of sentence. Indigent participants may be placed into the EMP free of charge. Indigent inmates are defined at those inmates who are unemployed or on public assistance.

D.

Reporting Requirements: Reporting requirements will be reviewed with all inmates at the time the EMP contract is signed. All defendants will be required to report to the EMU office once every two weeks, or as directed. If a defendant fails to report, he/she should be contacted by telephone and directed to report the next available reporting date. Failing to report to a scheduled appointment will be considered a violation of the EMP contract.

E.

Testing Requirements: If the defendant has been ordered to comply with controlled substances terms, including testing, the testing requirements will be reviewed at the time the EMP contract is signed. Defendants will be required to submit a urine sample for testing at each scheduled appointment, as well as randomly during field visits. Refusal to submit to testing as directed is considered a violation of the EMP contract. Note: The defendant shall be not be ordered to submit to a drug test without a court order or the defendants consent authorizing such testing.

F.

Field Visits: Field visits and the frequency of those visits will be explained at the time the EMP contract is signed. The EMU deputy will be required to conduct regular field visits to an inmates residence. Defendants will be advised that cooperation is key and searches and/or testing can be conducted at the home, provided there is a court order authorizing the search. Court orders will not be retained for 1203.016 and 1203.018. It will be considered a violation of the EMP contract if problems arise during field visits due to lack of cooperation on the part of the inmate or their family (i.e. failure to allow entry, refusal to test). Additionally if during a search, the defendant withdraws his consent to search the deputies will immediately stop searching. If such a situation presents its self, the inmate will be taken into custody and brought back to the jail.

G.

Review Reports for Court Authorized Release: Prior to each court hearing, the EMU deputy shall review the defendants compliance with the terms of Court Authorized pretrial release. Once all relevant

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information has been compiled, a Status Report shall be completed. The court should be advised that the defendant has complied with the terms of their release, or in the alternative, of all violations that occurred during that period of supervision, including those of a technical nature. In addition, the EMU shall do all of the following prior to each court date: 1) Re-verify employment. It is not necessary to contact the defendants employer prior to each court hearing. Other means of verification will suffice, such as a paycheck stub. 2) Re-verify participation in treatment (if applicable). It is not necessary to talk to the defendants therapist regarding their progress. It is only necessary to verify that they are attending treatment and actively participating. H. Returning an Electronic Monitoring Participant Back Into Custody Violations of Contract Should the participant violate the terms of their release, it may become necessary to take them into custody. Once the participant has been brought to the Ventura County Jail, they will be rehoused into the jail facility by making the change in VCIJIS. The EMU deputy shall meet with the participant to terminate them from the EMP. New PC Arrests/ Supplemental Bookings: If the participant is arrested on a new charge(s) by EMU staff or any other law enforcement agency, the arresting officer will complete a supplemental booking for the new charges. The supplemental booking will be done under the defendants original booking number. The supplemental booking will require the approval of the Watch Commander or Senior Deputy. Once that approval is obtained the supplemental booking will be submitted to Central Inmate Records Staff for processing. The EMU staff will be notified of the arrest and they will remove the monitoring device from the participant. The device will not be cut off from the participants ankle unless staff is directed to do so by the Jail Watch Commander or EMU staff member. Once the participant is processed on the new charge(s), s/he will be re-housed to the jail facility based on their classification. I. Removing an EM Monitor and Absconding Supervision: In some instances, a defendant may remove an electronic monitor from their ankle and decide to abscond from the electronic monitoring program. In such

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cases, the EMU staff shall initiate an investigation to locate the defendant in order to take him into custody. If notification is received after normal business hours, the EMU staff member receiving the notification shall notify the appropriate agency dispatch center and request units respond to last known location of the defendant. If the defendant is not located, the EMU staff will prepare an Attempt To Locate (ATL) / Be On The Look Out (BOLO) flyer and disseminate it to local agencies. If the participant was enrolled in the program pursuant to PC 1203.016 or PC 1203.018, a crime report may be completed by the EMU for a violation of PC 4532, escape. If the participant was a court authorized placement into the program, the EMU staff shall immediately place the matter on calendar to notify the court of the defendants actions by using the Pretrial Status Report. The EMU staff shall request that a warrant be issued for the original charge for which the participant was being held. The EMU will notify local law enforcement when the warrant is issued for the defendant. J. Keeping a Chronological Record: As the EMU staff maintains ongoing supervision of a participant, it is important to keep an accurate and ongoing record. A chronological record shall be maintained. The EMU staff should document all of the following: 1) Any contact (telephone or in person) with the participant as well as the nature of the contact and what was discussed. 2) Any violations of the participants electronic monitoring supervision (including technical) and how the violations were addressed. 3) Any contacts the participant had with law enforcement. 4) Any other information relevant to the supervision of the participant (contacts with family members, employment issues, etc).

K.

Formal Probation Cases: In some cases, a participant may be supervised under a formal grant of probation. In those instances, the assigned field probation officer will be responsible to enforce the terms and conditions of the probation and the EMU will enforce the terms of release. Every effort should be made to co-ordinate supervision and services with Probation and the Ventura County Sheriffs Office.

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VENTURA COUNTY SHERIFFS OFFICE IV. ELECTRONIC MONITORING SUPERVISION TERMINATION PROCESS

Court Authorized Electronic Monitoring A. Methods of Termination A defendant can be terminated from the court authorized Electronic Monitoring Program (EMP) by: 1) The court due to satisfactory performance; 2) The court or by EMP staff due to poor performance; 3) A change in their court case status. The methods of termination will be based upon a status report prepared by the Electronic Monitoring Unit (EMU). The report will be sent to court with a recommendation based upon the defendants performance on the program. File Close-out Once a defendant has appeared in court and an order is made to terminate him/her successfully or unsuccessfully from the program, the EMU staff will prepare the case file for close-out by completing the following: 1) Use court docket to verify termination. 2) Complete a closing chronological entry by including: a. case number b. pending charges c. date defendant was placed on the program d. level of supervision ordered e. date the defendant was terminated from the program f. any other pertinent information that should be included 3) Print all chronological notes. 4) Review the file and purge any materials that can be destroyed. 5) Stamp file with Purged stamp documenting that it was purged.

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6) Provide file to clerical staff that will transfer the file to the appropriate location.

C.

Change in Court Case Status Defendant is to Remain in Custody: Following the change in a defendants court case status, such as a defendant being sentenced or being ordered by the court to remain in custody, the defendant will be returned to the Ventura County Jail. Deputies working in booking will notify EMU staff of the defendants return. The EMU staff will be responsible for removing the electronic monitoring equipment. EMU staff may reevaluate the defendants suitability for continued participation in the program. EMU staff may recommend the defendant continue in the program. In this situation, the defendant will sign a new EMP contract. Any defendant who refuses to sign a new contract will be terminated from the program and rehoused to the Ventura County Jail. Defendants who are Scheduled to be Sentenced: EMU staff can evaluate defendants who are on electronic monitoring and are scheduled for sentencing to determine if they are suitable for continued participation in the program. If EMU staff determines the defendant is suitable for continued participation in the program, the defendant can be given the opportunity to continue in the program under the terms and conditions of the programs Post-Sentencing Contract. Once the defendant agrees to and signs the new contract, EMU staff can place the defendant on electronic monitoring. Defendant is to be Released Out of Custody: Following the change in a defendants court case status, when the defendant is to be released from custody, the defendant will immediately report to the EMU Office for the removal of the monitoring device and to be processed for release, unless EMU staff has set other arrangements.

D.

Electronic Monitoring Pursuant to PC 1203.016 and PC 1203.018 1) Termination of Electronic Monitoring pursuant to PC 1203.016 and PC 1203.018 A participants enrollment in the electronic monitoring program pursuant to PC 1203.016 and PC 1203.018 can be terminated whenever the EMU has reasonable cause to believe the participant is not complying with the rules or conditions of the program, or the electronic monitoring devices are unable to

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function properly in the designated place of confinement. The participant may be taken back into custody without further order from the court. 2) Closing the File Once a defendant is made to terminate the program, the EMU staff will prepare the case file for closeout by completing the following: a) Review the file and purge any materials that can be destroyed. b) Stamp file with Purged stamp documenting that it was purged.

E.

Violations and Discipline while on Electronic Monitoring

Unsentenced Participants Participants in the program who are not sentenced must adhere to the terms and conditions outlined in the EMP contract as well as all local municipal codes, State and Federal laws. In the event a participant violates any of these terms and conditions, the participant can be issued a disciplinary violation, arrested for violation of a court order (if on court authorized release) and/or returned to the Ventura County Jail. Disciplinary violations can result in termination of the EMP contract and possible result in further sanctions in custody. If the participant violates the law and is arrested, EMU staff will remove the electronic monitoring equipment and the participant will remain at the Ventura County Jail. Sentenced: Sentenced participants must adhere to the terms and conditions outlined in the EMP contract as well as all local municipal codes, State or Federal laws. In the event a participant violates the terms of their EMP contract, the participant can be arrested, issued a disciplinary violation and/ or terminated from the program and returned to the Ventura County Jail. Disciplinary violations can result in loss of good time, loss work time, and disciplinary isolation. Violations of the law will result in an arrest. Participants who are arrested will be returned to the Pre-Trial Detention Facility where EMU staff will remove the electronic monitoring equipment. The participant will remain at the Ventura County Jail. F. Recovering EM/GPS equipment Out of Custody: Following the court order to terminate participation in the Electronic Monitoring Program, the defendant will be required to report directly to the EMU Office for

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removal of the electronic monitoring equipment. Electronic Monitoring device from the defendant. In Custody:

The EMU staff will remove

If a defendant is taken into custody or if the defendant has appeared in court and has been ordered terminated from the program, the EMU staff will remove the electronic monitoring device from the defendant. G. Appeal Process Penal Code sections 1203.016 and 1203.018 require the Sheriffs Office have an appeal process for inmates that have been terminated from the electronic monitoring program. The appeal process only affects those inmates that were placed into electronic monitoring per the aforementioned sections; inmates placed into the program per court authorization do not fall into this category. Inmates may appeal their removal from the program by completing a grievance form. The grievance will be directed to the PTDF Operations Captain. The Operations Captain will review all pertinent information and render a decision, in writing, within 10 working days. This decision is final; there will be no further appeal.

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VENTURA COUNTY SHERIFFS OFFICE V. FIELD CONTACTS

A.

Purpose: The purpose of this chapter is to provide sheriffs deputies assigned to the Electronic Monitoring Unit with guidelines regarding field contacts. It is the intent of the Sheriffs Office to deliver services as efficiently and humanely as possible and with the highest regard for human dignity. Our primary objective when undertaking any endeavor is safety. At no point will these guidelines supersede general orders.

B.

Field Contact Objectives: 1) Ensure the participant is in compliance with all rules and conditions of the electronic monitoring program. 2) Verify the participants address. 3) Assess the suitability of the residence and living arrangements. 4) Develop support from the participants spouse, family, or roommates. 5) Develop contingency plans should high control contacts such as arrests, searches, crisis intervention become necessary. 6) Identify potential problems that may impede compliance (high crime neighborhood, criminal activity of family or associates, drug and alcohol dependence, lifestyle issues). 7) Detect criminal and technical violations. 8) Make the participant aware that a network of accountability and support extends into the community.

C.

Planning/Preparing For Field Contacts: Planning and preparing are central to safe and effective field work. While it is clear that more preparation is required in high control contacts, electronic monitoring unit staff must be ready to deal with the unexpected in routine contacts as well. Prior to going into the field, deputies should determine the purpose of the visit employment/residence verification, home search, drug test, arrest, etc. A minimum of two deputies will be deployed for these types of assignments.

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D.

Officer Safety: The safety of staff, participants, and others is the most important consideration in field supervision activities. Regularly scheduled home contacts are to be conducted with at least two deputies. If two deputies from the electronic monitoring unit are not available, one electronic monitoring unit deputy may be accompanied by a patrol officer. Prior to leaving for a field contact, deputies will notify their supervisor of the location of any planned visits. Additionally they will notify Sheriffs Dispatch of their location when they arrive.

E.

Search And Seizure: Nearly all searches of a participant are done by invoking existing search terms. As a condition of court authorized electronic monitoring, the court may order a defendant to submit their person and property to search and seizure as directed by the Electronic Monitoring Unit. Search and seizure orders are enforced to the extent necessary to ensure compliance with the law and with the terms and conditions of the EMP contract. Inmates placed into electronic monitoring pursuant to PC 1203.016 and PC 1203.018 will sign a contract consenting to search terms. If, during a home visit or other contact with a participant, the participant refuses to allow a search per the terms of the contract, the participant will be in violation of the rules and conditions of the electronic monitoring agreement and may immediately be taken back into custody and returned to the jail to serve the remainder of his or her sentence. In a situation in which a participant refuses to allow a search, he or she will have withdrawn their consent and absent exigent circumstances or other legal authority, (i.e. probation terms) no search will be conducted. Searches are to be conducted for reasons related to the enforcement of the terms and conditions of the participants EMP contract, or in the case of participants on probation for another matter, their probation conditions, or other legitimate enforcement purposes. Reasonable grounds for a search would include verifying compliance with the terms and conditions of their EMP contract or the conditions of probation and verifying that the participant is living at the residence. Although searches may be legal under most circumstances, it is not the intent of the Electronic Monitoring Unit to conduct extensive searches during every contact with a participant. Spot searches will be completed to ensure compliance and maintain the credibility of the program; however, visits to a residence will not always result in a search.

F.

Residence Searches/Home Contacts: There will be a minimum of two deputies for any residence search or home contact. Additional assistance may be considered depending on the circumstances of the search or contact.

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Prior to the home contact or search, it should be confirmed that the participant lives at the targeted residence. Criteria that can be used to establish residency include: 1) The officer has a reasonable belief that the participant lives in the home due to direct observation. This can include observing the participant enter the home with a key, or answering the telephone [United States v. Daily, United States v. Watts]. The participants admission that they reside at the residence (P. v. Biddinger). The participant can provide copies of rental agreements or utility bills establishing that they reside in the home.

2) 3)

Prior to all residence searches and home contacts, deputies should have an established search plan, designated team leader (decision maker), appropriate information, equipment, and contingency plans. G. Procedure: 1) Deputies conducting a search per terms of probation or terms of the electronic monitoring contract will comply with knock and notice requirements, per 844 of the Penal Code If there is no response to a knock at the door and the deputy suspects the defendant may present, the PTDF Classification Sergeant or Patrol Field Sergeant will be contacted for further guidance. If the door is opened, the deputies will identify themselves and state the purpose of their presence. When doing a search, upon entering the residence, the deputies should determine who else is present. For safety and security reasons it is recommended that deputies have the occupants of the residence remain in a central location of the residence, if possible, while a protective sweep of the residence is conducted. If the officer is conducting a home visit rather than a search, having everyone come to a central location is discretionary. Furthermore, when conducting a search pursuant to probation terms, deputies may briefly detain others present in the residence to ascertain identity, relationship to the probationer, and relationship to the probationers residence. This detention is justified by the same safety concerns justifying detentions during the service of a warrant. With specific and articulable facts justifying a cursory inspection of the residence, deputies may conduct a protective sweep of the entire residence, including non-probationers quarters. Ask occupants if there are any weapons in the residence. Determine the location and type. If weapons are present, then decide if it is safe to proceed and if there is a need to continue.

2)

3)

4)

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5)

Any illegal contraband or evidence located with in the scope of a search will be handled in accordance with existing law and Sheriffs Office policy and procedure.

H.

WARRANTLESS ENTRIES/ SEARCHES: Deputies are cautioned that a search warrant may be needed before entering a residence or other place to search unless lawful, warrantless entry has already been made (e.g., exigent circumstances, valid consent) The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: Valid consent Incident to a lawful arrest Legitimate community care taking interests Vehicle searches under certain circumstances Exigent circumstances Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law. Whenever practicable, deputies are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action.

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VENTURA COUNTY SHERIFFS OFFICE ELECTRONIC MONITORING CONTRACT Name: Address: Case # _____________Date: __________ Phone # ___________Cell #: ___________

As an alternative to confinement at the County Jail, you may participate in the Electronic Monitoring Program. Participation is a privilege that requires your consent. If you do not agree to all of the terms and conditions listed below, as well as any terms imposed by the court, you will not be placed in the program. Failure to comply with any orders or terms and conditions of the Electronic Monitoring contract can lead to your arrest and return to custody. Additionally, failure to comply with the terms of your release can lead to additional consequences such as filing of new charges. The terms and conditions of Electronic Monitoring Contract are as follows: 1) You will report to the Ventura County Sheriffs Office Electronic Monitoring Unit (EMU) as directed. Initial:_________ 2) You must obey all laws. You must report any contacts with law enforcement to the EMU within 24 hours of their occurrence by contacting the EMU office by telephone, email, or in person. Initial:__________ 3) You must attend all court hearings as directed. If you fail to appear at any court hearings and are arrested outside the State of California, you hereby waive extradition. Initial:_________ 1) You must remain within the County of Ventura at all times unless approved by the EMU. Initial:_________ 2) You shall participate in any treatment program as designated by the court or EMU, authorize the release of information between the court or EMU and the treatment program, if applicable. Initial:_________ 3) 4) 5) You shall seek and maintain verifiable employment. Initial:_________ You shall not use or possess alcohol. Initial:_________ You shall not use or possess controlled substances unless prescribed by your physician. Initial:_________

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6)

You shall submit to testing for the presence of alcohol and controlled substances as directed by EMU. Initial:_________

7)

You shall submit to search of your residence, person, vehicle, or any other property under your control, at any time, by the EMU or any law enforcement officer without a search warrant for the presence of; ____ alcohol; ____ controlled substances; ____ stolen property; ____ gang paraphernalia. Note: Any contraband must be removed from your residence immediately. Any contraband discovered by deputies will be confiscated and may result in your return to custody or arrest. Initial:_________

8)

You are not permitted to possess any dangerous weapons or firearms. Someone other than yourself must remove any weapons from your residence, immediately. Initial:_________

9)

Other terms

Initial:_________ 10) The EMU must approve any exception to the above rules IN ADVANCE. Initial:_________

11) You must remain in the interior of your home during the hours designated by EMU. You may not leave home except for activities approved by EMU. For all activities, permission is granted for a specific place, specific time, and with a specific person. You may not use time approved for one activity to go somewhere else, or with someone else, without calling for approval of the changes. Initial:_________ 12) You must call the Electronic Monitoring Unit if you leave or return earlier or later than scheduled. Initial:_________ 13) You may not be in your front yard except with the permission of the EMU Deputy and you may only be in your backyard if it is fenced, and has been approved by the EMU Deputy. Initial:_________

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14) You must schedule all activities at least 24 hours in advance with the EMU unit. You must speak to an EMU staff member directly during regular business days and hours (Monday- Friday, 8:00 am to 5:00 pm). Leaving a message does not give permission to conduct the activity. Initial:_________ 15) When calling to request permission to leave your residence, be prepared with the following information: 1) time you need to leave your residence; 2) how you will be traveling, and with whom; 3) address and phone number of your destination; 4) purpose of the trip; 5) how you will be getting home, and; 6) what time you expect to arrive back at your home. Initial:_________ 16) You have been assigned the following electronic monitoring equipment: FMD _____________, TX _______________, Receiver _________________. You must turn in all equipment within 24 hours of program completion. You will be held liable for failing to return equipment in the amount of $1,100/$1,800 for FMD, $575 for TX, and $1,400 for the receiver. Initial:_________ 17) You will answer phone calls, and/or immediately answer the door when the EMU officer announces their presence. Initial:_________ 18) You will comply with the voice commands of the electronic monitoring equipment and you will not tamper with the equipment. You will be held liable for any damages. Initial:_________ 19) You have been placed on a Global Positioning System unit (GPS), and will charge the battery at least two hours per day. Initial:_________ 20) Upon program completion, you will return all equipment within 24 hours. Initial:_________ 21) You shall be assessed a daily fee of the equivalent of one hour net pay per day. Failure to pay in a timely fashion will result in an administrative review of the circumstances. Failure to pay fees as scheduled may result in adjustments being made to the daily rate or the participant being taken back into custody to serve the remainder of sentence.

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Your daily rate has been assessed at $________ payments are due on the _________ of each month. Initial:_________ I understand that I will be responsible for all costs and expenses related to, but not limited to, my living, health and transportation needs.

I also understand and promise to comply with all of the above conditions. I understand that a deputy may visit my home, school, work site, at any time without notice to verify my attendance and to ensure I am in compliance with the terms and conditions of this contract. I understand that a violation of any of the above listed conditions may result in my return to custody, discipline or additional charges. I understand that I waive any right to an evidentiary hearing in the event that I violate the terms of this contract and that should I be returned to custody, bail will be set at $ . Further, I also understand that

a violation of any of the above terms may result in prosecution for violating Section 166.4 of the Penal Code, violation of a court order and/or 4532 of the Penal Code, escape.

Defendants Signature

EMU Deputy Signature

Date Signed

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