Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Escape Out Of Place Of Assignment

POLICY

Residents who are out of place of assignment shall be considered in serious violation of program rules, and may be guilty of a felony under Section 719.4 of the Code of Iowa.

PROCEDURE

  1. Investigation and Notification:
    1. If a resident is discovered to be out of place of assignment, staff shall make every effort to determine the resident's whereabouts before taking further action.
    2. If the staff member on duty cannot locate the resident after exhausting all known possibilities, the Residential Director or designee shall be contacted for further disposition.
    3. An Item For Escape shall be issued when: a) the resident is over two (2) hours late returning from furlough/work; b) unaccounted for while in the facility for over thirty (30) minutes or; c) there is probable cause to believe the resident is taking flight or is involved in a criminal offense.
    4. When an escape occurs, the staff member on-duty shall investigate and notify appropriate authorities. However, it is the responsibility of the Assistant Director of Residential Services, or designee, to ensure that timely notification of local authorities, institutional authorities, State Work Release authorities, or proper Federal authorities is made.
    5. The staff member on duty at the time of the violation will inform management of the escape and complete an electronic Incident Report located on the District's intra-net web page.
  2. Disciplinary Hearing:
    1. A Disciplinary Hearing shall be held within the established time limits to determine what disciplinary action is to be taken.
    2. For work release residents, staff from the district of the escape shall, if possible, conduct the Disciplinary Hearing prior to transfer to the security institution. If not possible, staff in the district of escape shall arrange for a Disciplinary Hearing at the institution (see Disciplinary Process).
  3. Work Release/OWI - Escape:
    1. Any registered victim(s) of the escapee listed on the ICON Records Alert, victim screen shall be sensitively notified by phone of the offender's escape immediately when it is discovered by staff. The name and phone number of the notified victim(s) is to be noted on the absconder referral form. It should also be noted if the victim would like notification when the offender is apprehended. It is the responsibility of the residential facility to designate a staff person who shall carry out this action with 30 minutes following a known escape. If they are unable to reach the victim(s), the local sheriff's office shall be contacted to attempt to notify the victim(s). In any case where the residential facility staff does not make direct contact with victim(s), a standard IDOC Victim Notification (IS-CL-06) Victim Letterform shall be sent. When contact information is found to be incorrect or Inaccurate, this finding shall be forwarded to the Central office, Victim and Restorative Justice Administrator to be noted on the ICON victim screen.
    2. A Request for Temporary Custody form shall be issued to law enforcement officials.
    3. After securing a warrant, facility staff shall forward two (2) copies, certified for extradition, to designated District staff, provide one (1) certified copy to Offender Services, Iowa Medical and Classification Center, and retain one (1) copy.
    4. Offender Services staff shall arrange for the return of the Work Release resident from the place of apprehension to the county of escape. If out-of-state or requested by Iowa authorities, staff shall send a warrant and/or initiate extradition proceedings.
    5. Under most circumstances, the State Escort Officer shall transport the Work Release resident to the receiving institution. However, District staff may request assistance from facility and/or parole staff.
    6. F. Upon receipt of information that the resident has been apprehended, the Iowa Medical and Classification Center shall be notified by facility staff. Victim(s) noted on the absconder referral form who wish to be notified upon apprehension of the offender shall be contacted by facility staff.
  4. Probation:
    1. The PPO II/Residential Counselor is to submit a warrant and Statement of Probable Cause to the secretary. After being typed, the warrant is signed by a management team member and the PPO II/Residential Counselor. The Statement of Probable Cause is signed only by the PPO II/Residential Counselor. A new escape charge warrant and preliminary complaint is filed, along with the warrants for probation violation.
    2. The PPO II/Residential Counselor takes the warrant to the Sentencing Judge, and if not available, to the Chief Criminal Judge in Polk County. The original warrant is filed with the Criminal Clerk of Court and a copy is retained for the Fort Des Moines Community Corrections Center case file. The Statement of Probable Cause is delivered to the county attorney's office.
    3. Whenever possible, the order for warrant is to be delivered by the PPO II/Residential Counselor to the Clerk of Court before 2:30 p.m., so that the warrant can be delivered to the Sheriff's Office the same day.
    4. If the resident is not from Polk County, a warrant is to be completed and signed by the Chief Criminal Judge in Polk County. A Statement of Probable Cause is not needed. The warrant is then sent to the probation officer in the county of jurisdiction who will then file it with their county's Clerk of Court.
  5. Federal offenders:

    Refer to Statement of Work, Chapter 16.

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