Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Jail Transfer Removalfrom Program

POLICY

Placement of facility residents in jail shall be in compliance with due process standards and safeguards outlined in the Transportation Policy. The Assistant Director of Residential Services or designee has the authority to remove or transfer or recommend removal or transfer of an offender from the program.

PROCEDURES

  1. Probation Violation Complaint - Report of Violation

    When the decision has been reached to seek revocation of a probationer's probation and it is desired that he be transferred to jail to await the hearing, the transfer can be accomplished as outlined below:

    1. A Transfer of Jail Site Order is completed by the facility PPO II/Residential Counselor and signed by a management person, the facility PPO II/ Residential Counselor, and the Judge of the jurisdiction or Chief Criminal Judge. It is then filed by the PPO II/Residential Counselor with the Clerk of Court in the county of jurisdiction and a copy retained for facility records.
    2. Within three (3) working days of the jail transfer, a Report of Violation will be filed with the sentencing county noting facility recommendations.
    3. If the resident is not from Polk County, the procedures are the same; except the facility PPOII/ Residential Counselor is contacted to make arrangements with the sheriff's office in the county of jurisdiction and the order is sent to the Clerk of Court in the county of jurisdiction to be filed.
  2. Request for Temporary Custody

    Request for temporary custody may be utilized in the following situation:

    1. Residents on Work Release/OWI placements

      Residents on this status who commit major violations shall be placed in jail via a request for temporary custody. See Classification of Violations Policy for further policy and procedures, before placement.

    2. Work Release/OWI residents who have committed sufficient violations, are considered dangerous, or likely to flee may be placed in jail by using the Request for Temporary Custody Order (see policy on Alternate Facility Transfers). The Community Service Placement Office must authorize transfer, prior to placement of an offender in jail or movement to a security facility.
    3. In case of violation requiring Work Release/OWI residents to be transported to a security setting, staff contact will be made with their immediate supervisor.
    4. Staff contact will be made with the appropriate security facility to assure available space and acceptance. Completed booking information sheet and request for temporary custody form will accompany the resident.
  3. Once a decision has been made to remove a resident and the necessary paperwork has been completed, the transfer will be initiated.
    1. If facility staff transports the resident, it will be in accordance with the Transportation Policy.
      1. Facility security staff will complete the transport.
      2. The facility PPO II's role is to talk to the offender and use their relationship to facilitate removal from the program.
    2. If it is determined that other means of transportation are necessary, arrangements are coordinated with the appropriate personnel (such as law enforcement, Warrant Unit, etc.).
    3. In the case of Work Release/OWI residents, a copy of the Request For Temporary Custody and Booking Sheet will be delivered by the transporting personnel. In the case of probation residents, a copy of the Jail Transfer Order and Booking Sheet will accompany the resident.
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