Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Offender Placement Referrals

POLICY

The Department will accept into its residential programs the following status of residents by unit as appropriate: Pre-institutional, probation condition, and post-institutional (Work Release). Placement procedures shall be adhered to for each custody status of individual referred.

With approval of a Federal Placement Contract by the District's Board of Directors, the facility will accept both pre- and post-institutional Federal placements. Placement procedures shall be subject to the District's placement requirements and Federal provisions specified in the Federal Statement of Work (SOW).

PROCEDURE

  1. Pre-institutional Residents (Condition of Probation)
    1. Pre-institutional residents shall be admitted to the residential facility only on the order of the District Court having jurisdiction.
    2. Referral of pre-institutional residents shall be channeled through the appropriate area probation office whenever possible. Primary exception is when a judge calls the Residential Director, or designee, on the day of sentencing.
    3. The probation officer making the referral shall be responsible for contacting the Residential Director, or designee, and providing all information relevant to the individual's case. This contact shall be made as soon as possible in order to allow time for adequate consideration of the referral.
  2. Post Institutional Residents (Work Release)
    1. Work Release residents shall be admitted to a residential facility only in accordance with the provisions of the Board of Parole Work Release Order.
    2. Subsequent to an inmate being approved for Work Release, the residential facility shall have received duplicate file information as listed below:
      1. Date of birth.
      2. Sex.
      3. Race.
      4. Reason for referral.
      5. Whom to notify in case of emergency.
      6. Date information gathered.
      7. Signature of employee gathering information.
      8. Name of referring agency.
      9. Special medical problems or needs.
      10. Personal physician, if applicable.
      11. Institutional information.
    3. The Assistant Director of Residential Services, or designee, has five working days from the receipt of the information in which to respond to the Community Placement Office regarding acceptance or refusal.
    4. In determining acceptance or refusal, the Assistant Director of Residential Services, or designee, shall consider:
      1. The inmate has supportive family/persons in the area of the halfway house, to include any of the following:
        1. Spouse.
        2. Parents, grandparents or spouse's parents.
        3. Children.
        4. Siblings.
        5. Significant other(s).
        6. Mentor.
      2. The halfway house is the closest halfway house to the inmate's former residence.
      3. The inmate's parole plan geographically matches the Work Release Plan.
      4. The inmate has employment, verified in writing, close to halfway house.
      5. The halfway house is in the district of conviction.
      6. The inmate has an acceptable, documented, educational plan, including proof of money for tuition and living expenses, for an educational institution in the area of the halfway house.
      7. If the halfway house has empty beds and no waiting list, the halfway house will review the packet and consider accepting the inmate.
    5. If the Assistant Director of Residential Services, or designee, views the referral as inappropriate, written notice shall be provided to the Community Placement Office detailing the reasons for refusal. No person referred to the facility shall be discriminated against on the basis of gender, disability, race, creed, political views, or national origin.
    6. If the Community Placement staff continues to pursue the referral and the residential facility continues to refuse the placement, the matter is referred to the Department of Corrections Deputy Director for Community Services for final resolution.
  3. Federal Residents

    (Refer to Federal Statement of Work)

    1. Referrals
      1. Referrals will be initiated by authorized Federal personnel on a Referral for Placement in a Community Corrections Program form or in the case of pre-trial release federal offenders the referral will be on a Pre-trial Release Reporting form and each shall include sufficient information to determine a finding of acceptability of the proposed placement by the Assistant Director of Residential Services.
      2. The Federal Community Corrections Manager (CCM) in Kansas City, Kansas, reviews all such referrals regarding adequacy of information and forwards same to the appropriate residential facility.
      3. If possible, Federal referrals are submitted to the Assistant Director of Residential Services no later than sixty (60) days prior to the requested placement date.
    2. Reviewing and Accepting Cases
      1. The Assistant Director of Residential Services shall be responsible for reviewing Federal referrals and shall ensure notification to the Federal Community Corrections Manager of the facility's decision within five (5) working days of receipt of the referral.
      2. When a Federal placement is approved, the Assistant Director of Residential Services shall be responsible for placement of the individual's name on the facility waiting list and for contacting the Community Corrections Manager to coordinate a placement date.
      3. Prior to the time of arrival (24 hours minimum), the sending institution or supervising officer telephones the facility to provide specific information on method of transportation, designated arrival time, authorized release funds, and any other instruction or conditions. The sending Federal institution forwards any remaining funds in the resident's institutional account directly to the facility's Administrative Office.
    3. Orientation
      1. The Residential Director shall ensure that Federal residents are properly oriented to the correctional facility, that all appropriate rules and regulations are explained, and that necessary forms are signed prior to actual placement on Work Release status.
    4. Resident Rules
      1. In so far as possible, and if not in conflict with residential regulations, facility staff shall follow Federal policy statements and directives (Statement of Work) provided by the Federal Community Program Manager.
      2. Federal residents are subject to the policies and procedures of the residential facility, except where loss of statutory good time or postponement of the parole/mandatory release date is recommended by facility staff. In such cases, staff shall forward copies of any disciplinary reports to the Community Programs Manager.
    5. Placement in Jail
      1. If placement in jail is considered, the Federal Marshal of Jurisdiction and the Community Corrections Manager shall be notified in advance or, in the case of emergency, as soon as possible after the resident is incarcerated.
      2. If it becomes necessary to refer a Federal resident for transfer, placement in jail is required.
      3. If the request for transfer is upheld, the Community Corrections Manager contacts the Marshal and arranges for return transportation to the Federal institution.
    6. Escape
      1. When escape is determined, facility staff shall notify the Community Corrections Manager and the Federal Marshal immediately.
    7. Resident Difficulties
      1. If the resident cannot locate employment, exhausts financial resources, has medical problems or other difficulties, the Assistant Director of Residential Services shall contact the Federal Community Corrections Manager to determine further disposition.
  4. OWI
    1. Placement in the OWI Program is contingent on the Fifth Judicial District OWI Continuum.
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