Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Bep Program Noncompliance

POLICY

Offenders are required to attend and comply with all BEP rules and regulations in accordance with their court order. Failure to comply with BEP rules and regulations will result in termination from the program for non-compliance. In order for an offender to re-enter BEP following non-compliance he will need to have clearance from either his probation officer or a judge. Additionally, some form of cost response for failure to comply with his court ordered requirements shall be imposed.

PROCEDURES

Reasons for program non-compliance and subsequent termination from BEP:

  1. Failure to schedule appointment with BEP.
    1. Offenders shall schedule an appointment with BEP within the timeframe and or procedure indicated on their court order. Failure to follow through with the terms of their court order will result in program non-compliance.
  2. Failure to attend scheduled appointments. (Intake, Orientation and Update)
    1. Offenders who fail to attend a scheduled appointment will have seven days from the date of the missed appointment to reschedule. If offender fails to reschedule within seven days he will be non-compliant.
    2. Offenders will be allowed to reschedule a missed appointment once. Either a reschedule fee or no show fee will be assessed.
    3. If an offender fails to attend his rescheduled appointment he will be non-compliant.
  3. Failure to attend group.
    1. Offenders must abide by the absence policy and attend the number of group sessions indicated on their court order. Failure to comply with absence policy will result in non-compliance.
  4. Behavior and/or Denial of assault.
    1. Offenders must act in a respectful and cooperative manner while attending BEP appointments and groups. Disruptive, intimidating or violent behavior will result in program termination. Additionally, the offender is subject to immediate arrest for probation violation and/or separate criminal offense if applicable. Offenders must return to court prior to being allowed to return to BEP.
    2. Offenders who deny any culpability for their conviction or any past history of violence towards an intimate partner will be terminated from the program and returned to court.
  5. Offender attends group under the influence
    1. Offenders are not allowed to attend any BEP group or appointment under the influence of drugs or alcohol
    2. This is a zero tolerance policy. If BEP staff suspects that an offender has been using an attempt will be made to provide a urinary analysis or breathalyzer. If the offender shows positive, they are subject to an immediate arrest for probation violation.
  6. The Victim liaison will attempt to contact the victim in order to notify her of the offender's non-compliance.

Offender re-entry into BEP following non-compliance:

  1. 1Offender will only be allowed to re-enter BEP following non-compliance if they have been cleared by either their probation officer or the court.
    1. Exceptions:
      1. Offenders returned for either behavior or denial must return to court prior to program re-entry.
      2. Offenders who have been returned for non-compliance on four separate occasions will no longer be eligible to attend the program
      3. Offenders who are have been returned more than once prior for non-compliance on the same criminal number shall return to court prior to program re-entry.
    2. Cost response:
      1. If this is the offender's first return for program non-compliance, a cost response of two additional groups is appropriate.
      2. If an offender has been returned on more than one occasion for program non-compliance, BEP typically recommends a period of incarceration prior to program re-entry.
    3. Offenders who are allowed to re-start BEP must attend an Update appointment.
    4. The victim liaison will attempt to contact the victim and or new partner regarding the offender's re-entry into the program.
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