Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Parole Violation Reports

POLICY

The supervising officer shall investigate, verify and document all known violations of parole.

The supervising officer shall pursue parole violation reports on all new arrests (officers may use discretion for non-assaultive simple misdemeanor offenses when not similar to the original charge), when the offender has absconded, when there is a threat to the safety of the community or an individual, and when repeated technical violations of parole conditions come to the attention of the supervising officer. Violations shall be investigated promptly and thoroughly, reviewed with the supervising officer's supervisor, and documented in written reports.

The supervising officer shall consider intermediate sanctions and all other alternatives to revocation whenever possible and shall utilize parole revocation only when necessary.

PROCEDURE

The supervising officer may initiate revocation of parole, with supervisory approval, when it is believed that probable cause exists that the offender has violated the conditions of parole, by completing and submitting a Preliminary Parole Violation Information form (PPVI) to the Court. The Court will review and approve the PPVI, if probable cause exists.

  1. The supervising officer shall complete a Preliminary Parole Violation Information (PPVI) within five (5) calendar days of obtaining knowledge that a serious violation has occurred. The severity of the violation may require the supervising officer to submit the PPVI immediately. The Report of Violations shall be completed within ten (10) working days after submitting the PPVI. The following major violations must be reported to the Iowa Board of Parole and documented in Generic Notes in ICON:
    1. Violation of any federal or state laws (exceptions are non-assaultive simple misdemeanors).
    2. Any violent or assaultive behavior.
    3. Possession, control or use of any firearm, imitation firearms, explosives, or weapons defined in federal or state statutes.
    4. When there is a serious threat to the safety of the community or to an individual.
    5. Sale, possession, continued or problematic abuse, transportation, or distribution of any narcotic or other controlled substance by a parolee.
    6. A parolee whose whereabouts is unknown and has been unavailable for contact for 30 days, or reliable information has been received indicating that the parolee is taking flight or absconding. (See Absconder policy).
    7. Any behavior indicating the parolee may be suffering from a mental disorder which impairs the parolee's ability to maintain himself/herself in the community or which makes the parolee a danger to himself/herself or others, or when the mental disorder cannot be adequately treated while in the community.
    8. When the offender has committed numerous technical violations and the officer and supervisor believe that supervision has lost all meaning and purpose.

      NOTE: The officer or supervisor has the authority to dispose of any other parolee misconduct not required to be reported as noted above.

  2. Revocation proceedings shall not be initiated for failure to meet financial conditions which are not included in the parole agreement.
  3. 3. Supervising officers may use discretion in handling all other technical violations not listed in section one (1). These violations need to be addressed by invoking intermediate sanctions. The supervising officer should be creative in determining intermediate sanctions to fit the severity of the violation. All violations and the intermediate sanctions used shall be documented in Generic Notes and the case plan, if applicable.
    1. While prison recommendations are not generally made for offenders whose violations are entirely technical, there are some situations in which officers may recommend it. The following issues are considered when determining whether prison is a reasonable response to violating behavior:
      1. The characteristics of the offender, this includes their criminal history and risk level.
      2. The nature of the original offense.
      3. The behavior is identified as a risk factor for that offender.
      4. The behavior becomes a facility management problem in a residential facility, disrupting services to other offenders.
      5. The behavior is willful, blatant and reoccurring, with the offender defiantly refusing to abide by non-negotiable terms of the supervision agreement.
    2. Intermediate sanctions shall be considered to the extent that public safety is not endangered and the possibility of successful community adjustment exists.
    3. The following are examples of technical violations, which can be addressed through intermediate sanction. They include, but are not limited to:
      1. Positive urinalysis or breathalyzer tests.
      2. Missed scheduled appointments/programming.
      3. Curfew violations, if applicable.
      4. A new arrest for non-assaultive simple misdemeanor(s).
      5. Offenders who are unemployed, but who are capable of gaining and maintaining employment.
    4. The following are examples of intermediate sanctions that can be used. Intermediate sanctions need to be approved by supervisor for appropriateness. They include, but are not limited to:
      1. Addition or modification of existing parole conditions.
      2. Increased reporting frequency imposed on the offender.
      3. Referral to specialized units such as ISP, Drug Court and Day Reporting.
      4. Electronic monitoring and/or individualized behavior contracts.
      5. Placement at a residential or Work Release facility.
      6. Other options approved by the supervisor.
  4. Decisions shall be made on reporting the violation, if detention is needed, and what recommendations will be made by the supervising officer and approved by the supervisor.
    1. If a report is to be made and no hearing is requested, a violation report shall be completed with supervisory approval and filed with the Iowa Board of Parole indicating that the offender is to be continued on parole (see ICON Report of Violation Business Rules). This recommendation may be used when the violation is not serious enough to warrant revocation. The recommendation in the report shall be personally delivered and explained to the parolee to ensure his/her knowledge of it and to allow an opportunity for the parolee to admit the violation. The review of the report with the parolee shall be documented in Generic Notes. If the Iowa Board of Parole (IBOP)disagrees with the recommendation, the IBOP will forward a Notice of Hearing, with date, time and place to the supervising officer.
    2. If proceeding with a hearing without arrest, the PPVI shall be completed except for the section on bail/bond.
      1. The court shall be informed that an attorney may need to be appointed and that the offender's arrest is not deemed necessary.
      2. File the PPVI with the Clerk of Court.
      3. Complete the Report of Violations, with supervisory approval, and forward it to the IBOP.
      4. Arrange a probable cause hearing with the Iowa Board of Parole.
    3. If proceeding with arrest and the parolee is already in custody, the PPVI is completed and presented to the court along with an arrest warrant.
      1. The PPVI and arrest warrant shall be filed with the clerk.
      2. The PPVI and arrest warrant shall be delivered to the County Jail.
      3. The parolee shall have an initial appearance within 24 hours before a magistrate.
      4. Complete the Report of Violation, with supervisory approval, and forward it to the IBOP.
      5. Arrange a probable cause hearing with the Iowa Board of Parole.
    4. If proceeding with arrest and the parolee is not in custody and/or believed to be an absconder, the PPVI is completed and presented to the Court along with a completed Arrest Warrant.
      1. The PPVI and warrant shall be filed with the Clerk of Court.
      2. The warrant packet shall be forwarded to the Fugitive Unit.
      3. Two certified copies of the court approved PPVI are forwarded to the Department of Corrections Deputy Compact Administrator with the arrest warrant.
      4. Complete a Report of Violations within 10 days and forward it along with the PPVI and arrest warrant to the Iowa Board of Parole to the attention of the Clerk Advanced.
      5. When the offender is arrested, and if more violations have occurred, an addendum shall be completed.
      6. Arrange a probable cause hearing with the IBOP.
    5. PPVIs/Warrants will be entered into NCIC by the Department of Corrections Deputy Compact Administrator, not the Clerk of Court, for parole cases.

      Note: See Policy on setting revocation hearings.

  5. Preparation of the Report of Violations to the Iowa Board of Parole and (PPVI) Preliminary Parole Violation Information report.
    1. The supervising officer will consult with his/her supervisor when technical violations of parole occur and a Report of Violations is contemplated.
    2. The supervising officer will have five (5) calendar days to complete a Report of Violations on serious violations once notified and/or obtaining knowledge of the serious violation has occurred, and ten (10) days to complete the Report of Violations.
    3. The supervising officer shall investigate and verify all violations on which the report is based.
    4. The supervising officer will have to prove to an Administrative Law Judge that the violations did in fact occur by producing documentation, if applicable. Documentation may include, but is not limited to:
      1. Arrest reports.
      2. Discharge summaries.
      3. Statements from victim(s) or witnesses.
      4. ICIS statements including the offender's current financial responsibilities to the Clerk of Court
    5. When completing the PPVI, it is necessary to include the conditions violated with a brief narrative for the Judge to determine if probable cause exists and bond should be set.
    6. The supervising officer will complete the parole Report of Violation in ICON (See ICON Business Rules).
    7. The supervising officer's recommendation and justification regarding the final action or resolution of the situation should be written in the Note section of the Report of Violations.
      1. Write a brief summary of the offender's actions while on supervision, both positive and negative.
      2. Detail all violations that have occurred. If violations include monies owed, indicate what was owed, what was paid and any remaining balance.
      3. The supervising officer, using their professional judgment, shall take into account public safety and the offender's needs (best practices) in determining what recommendation should be made to the Iowa Board of Parole to address the violations. Recommendations may include, but are not limited to:
        1. Deletion, modify, or impose additional conditions of parole.
        2. Referral to specialized programs within the department or with outside agencies.
        3. Contempt of Court time.
        4. Referral to a residential Work Release facility.
        5. Referral to the Violators Program
        6. Revocation of parole.
  6. The supervising officer will forward the Report of Violations to the supervisor for approval and signature.
  7. The supervising officer shall deliver the signed PPVI to the Court to be reviewed and approved, if violations are found to exist through the evidence presented.
  8. The supervising officer shall forward the Report of Violations, or PPVI if the offender is in custody, to set a hearing date via e-mail. (See Parole Hearing policy).
    1. Addendums may be completed when additional information has been received or further violations have occurred prior to the original Report of Violations being disposed of.
  9. If the offender violates the conditions of his/her parole again, the supervising officer shall follow the same steps as above, but will indicate in the recommendation section the number of Reports of Violations that have been previous filed. For example, this is the 3rd Report of Violations filed.
  10. If it is determined from new information obtained, that the violations alleged are inaccurate, the supervising officer shall,with supervisory approval, immediately recall the warrant.
    1. Complete the PPVI withdrawal form with the Court:
      1. A Judge must sign the PPVI withdrawal.
      2. The supervising agent will place original, signed PPVI withdrawal with the Clerk of Court.
      3. If the offender is in custody, the supervising officer will take the signed PPVI withdrawal to the county jail for the offender's immediate release.
      4. If the PPVI and arrest warrant are in NCIC, the supervising officer will forward a copy of the PPVI withdrawal to the Department of Corrections Deputy Compact Administrator (Sharon Beckman) to immediately remove the warrant from NCIC.
      5. The supervising officer will contact the Fugitive Unit informing them that the warrant was recalled.
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