Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Minimum Supervision

POLICY

All new probation cases from misdemeanors to felonies that score seven (7) or below on the Iowa Classification system of client risk may be placed in the minimal supervision program. Exceptions may include: parole offenders, sex offenders and offenders determined to have high needs, a pattern of assaultive behavior or who have serious charges pending. Supervisors may over-ride cases up to standard supervision or down to the minimal supervision program if deemed appropriate through information obtained. Program requirements and supervision standards shall be less than for standard supervision cases. Offenders in the program may be recommended for discharge when court-ordered conditions of supervision are met.

PROCEDURES

  1. Selection of Minimal Supervision Cases
    1. New cases meeting the following criteria may be assigned to the minimal supervision program.
      1. Offenders who score seven (7) or below on the Iowa Assessment of client risk

        Note: Probation / Parole supervisors may selectively over-ride to exclude offenders who are deemed incapable of completing the program, or include offenders who may be capable of completing the program.

      2. Offenders who have an insignificant record that does not indicate a pattern of serious criminal behavior and / or there is no perceived need for standard supervision to ensure compliance with court ordered supervision conditions.
      3. New cases classified as misdemeanors up to felonies may be assigned to the minimum supervision program, regardless of the Iowa Risk Assessment.
    2. Transfer from standard probation / parole
      1. Cases may include probation and/or parole
      2. Scores 7 or below on the Iowa Risk Score
      3. Needs probation/parole supervisory approval that they are deemed appropriate for the minimum supervision level.
  2. Assignment date and initial appointment
    1. The date of assignment is the date the probation/parole officer receives the file. Officer will indicate in generic notes the date they received the file.
      1. All Cases including transfer cases, the officer will have ten calendar days to sign up the offender to their contracts.
      2. Home placements will not be required on minimum supervision.
    2. Initial appointment with a new offender placed on minimal probation/parole shall be on a one-on-one basis or group setting and shall include the following:
      1. Completion of the following forms:
        1. a) Review and sign probation/parole contract. Conditions of probation/parole, need to be individualized to the offender to reflect court/IBOP ordered conditions and criteria for early discharge. Offender shall receive a copy
        2. b) Review and sign client grievance procedure. Offender shall receive a copy
        3. c) Complete supervision fee agreement. Offender shall receive a copy
        4. d) Review and sign a plan of restitution. Offender shall receive a copy
    3. Explanation of program responsibilities and requirements.
      1. Provide the offender of area community resources and the documentation required by the department for the offender to provide proof of successful completion of court/IBOP ordered probation and/or department ordered conditions.
      2. Furthermore the offender shall be advised that completion of all conditions may create eligibility for discharge.
      3. Failure to complete the conditions by the time frames specified by the department and/or the court may cause a transfer to standard supervision or revocation proceedings to be initiated.
      4. Officer shall let offender know he may be contacting their employer for verification of employment.
  3. Supervision Requirement
    1. Contact Standards: Offenders will be required to report to this office once every 6months. Monthly mail-in or e-mail in report forms will be required on the months they do not have to report to the office.
    2. Any casework interaction with an offender by department staff shall be documented by recording the following in Generic Notes in ICON. Monthly mail-in reports, the date, appropriate contact standard, a brief synopsis of the interaction and information as to the time, place of the next scheduled appointment.
    3. All referrals to departmental programming and to outside community resources must be entered into ICON Interventions, and/or ICON programs, regardless of Iowa Risk Score.
    4. Complete Iowa Risk (Re) Assessment every 6 months or when offender changes supervision status.
    5. Urinalysis (UA) or Breathalyzer (BT) may be administered at any time the officer believes that the offender may be using illegal substances or alcohol. If on for drug/alcohol related charges an UA or BT may be done at initial sign up if officer believes offender is actively using. All tests will be entered into ICON Security Standards.
    6. Home Visits will be based on risk and need as evaluated by the officer and supervisor. The decision shall be noted in generic notes.
    7. G. Offenders identified as having excessive need, the emergence of a pattern of assaultive behavior, or as incapable of completing the minimal supervision program, may be transferred to standard supervision with supervisory approval.
  4. Violation/Revocation
    1. A report of violation may be submitted to the court or IBOP on standard probation/parole for one of the following reasons:
      1. The offender has failed to comply with court/IBOP ordered and/or department-imposed conditions within the time frames specified by the department and/or the court.
      2. The offender has a new arrest. (Check in parole policy in reference to reporting to the IBOP.)
      3. The offender has numerous technical violations and the offender is not responding to intermediate sanctions.
      4. The offender has failed to maintain contact with the department as directed by the supervising officer.
      5. At 60 days prior to the discharge date as set by the court (probation), the offender has failed to complete all court ordered conditions.
    2. A recommendation for action by the court/IBOP must have supervisory approval, Recommendations shall be chosen from the options listed below; only after all other departmental and community interventions have been exhausted.
      1. Extension of probation
      2. Defendant found in contempt of court, and given appropriate consequences.
      3. Other sanctions: i.e. violator program, additional conditions, or increased supervision level.
      4. Defendant enter/return to Fort Des Moines/Work Release/Women's Facility
      5. Deferred judgment probation be revoked and the defendant sentenced in accordance with Iowa law.
      6. Probation revoked and defendant ordered to serve the original sentence.
      7. 7) Parole revoked and returns to prison to serve out the remainder of their sentence.
  5. Discharges
    1. Discharges from probation may be recommended to the court when documentation has been received that the offender has completed court-ordered and/or department-imposed conditions. Probation offenders must serve at a minimum half of their sentence.
    2. When special circumstances exist (i.e. medical, deportation, incarceration) and an offender cannot benefit substantially from further supervision in order to fulfill court ordered obligations.
    3. When an offender has absconded from supervision for a period of 3 years on misdemeanor cases and for a period of 5 years on felony cases.
    4. Discharges from parole may be recommended to the supervisor when documentation has been received that the offender has completed IBOP ordered and or departmental imposed conditions. Parole discharges will be forwarded to the director for final approval.

      Note: When probation/parole sentences are going to expire, note in the discharge summary what conditions/programming they have and have not completed.

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