Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Probation Intake

POLICY

Once the Supervisor assigns an offender's case file to the supervising officer, the supervising officer shall initiate an initial appointment with the offender.

PROCEDURE

  1. The date of assignment is the date the Supervisor notifies the supervising officer that the case has been assigned to him/her which includes inner office transfers.
    1. The supervising officer will arrange the initial appointment within 10 calendar days from the date of assignment.
      1. The supervising officer shall indicate in Generic Notes the date they received the file.
      2. The supervising officer shall attempt to contact the offender as soon as possible after receiving the case.
        1. The supervising officer may use the phone number listed on the Statement of Probation or in ICON.
        2. The supervising officer may use the contact information located on the Statement of Probation or in ICON
        3. The supervising officer may send a letter to the address listed in the Statement of Probation or in ICON
        4. The supervising officer may contact the defense attorney of record for assistance in locating the offender.
      3. All attempts to contact the offender shall be documented in Generic Notes.
      4. If an inner office transfer can not be contacted:
        1. The supervising officer may request assistance from the previous supervising officer.
        2. If still unable to contact the defendant, the receiving officer shall return the file to the sending supervising officer.
    2. If no contact has been made with the offender within two weeks from the date of assignment:
      1. The supervising officer may send the Fugitive Unit to complete a surveillance check at the address listed on the Statement of Probationer or last known address, by completing a Surveillance Report/Request form.
      2. If the offender is present at the address visited by the Fugitive Unit, the Fugitive Unit will inform the offender that he/she must contact his/her assigned supervising officer within 24 hours or a warrant will be issued. If the offender is unavailable at the address visited by the Fugitive Unit, they will attempt to leave a message at that address for the offender to contact his/her supervising officer.
      3. The supervising officer may also check local jails to see if the offender is in custody or check NCIC for any active warrants that may be detaining the offender in custody.
    3. If no contact has been made with the offender within three weeks from the date of assignment:
      1. The officer will consider the offender an absconder and will proceed with filing a warrant with the sentencing county. (See Violation Report Policy)
    4. Cases that have transferred from another county into the supervising officer's county, may require a home placement visit to verify the address, if the supervising officer deems it necessary. (See Home Placement Criteria Policy)
      1. The supervising officer may contact the proposed residence and set up a date and time to meet with any occupant/cohabitant(s).
      2. The supervising officer shall determine if it would be a positive residence for the offender to reside and an opportunity for a successful outcome of supervision.
      3. If the offender plans to reside at a shelter or treatment facility, the supervising officer shall confirm when a bed is available and acquire the rules and regulations of the shelter or facility.
      4. If the home placement is found to be inadequate or the offender is unable to be located:
        1. The case file shall be returned to the sending officer.
        2. The reason why the case file is being rejected is documented in Transfer Instances in ICON.
  2. Initial appointment with a new offender placed on probation shall include the following:
    1. Probation contracts and specialized contracts need to be individualized to the offender to reflect any additional conditions set by the Court or the supervising officer, to ensure the protection of the public and the delivery of services addressing the offender's needs. Once the probation contract has been finalized, the officer will need to submit the contract in ICON.
    2. The supervising officer shall explain all of the rules and conditions of the probation contract with the offender including any specialized conditions ordered by the Court, District, or contracts individualized for a specific unit. Officers shall ensure the offender understands the conditions of his/her supervision and has no uncertainty as to the expected standards of behavior or conditions imposed.
      1. The conditions of probation shall be furnished in writing.
      2. When a barrier prevents an offender from understanding their probation conditions due to a language barrier, hearing impairment or deafness, sight impairment or blindness, inability to read or any other disabilities, the District shall provide an interpreter (See policy on interpretation services) to translate into those languages spoken by the offender or to assist with removing the barrier. Officers may use friends or family members of the defendant, if available, to assist them in explaining the conditions to the offender.
    3. The supervising officer and the offender shall acknowledge in writing by signing the probation contract and specialized contract (if required) with the officer keeping the originals in the case file and providing a copy of the signed contract(s) for the offender.
    4. The supervising officer shall explain the grievance procedure to the offender with both parties signing the grievance procedures. The supervising officer shall keep the original grievance procedure in the case file and provide a copy to the offender. (See Grievance Procedure policy).
    5. When signing up an inner office transfer, the supervising officer and offender shall review both the probation contract and grievance procedure with both parties initialing the contract and grievance procedure acknowledging the conditions have been reviewed.
    6. The supervising officer and offender shall negotiate a payment plan for the supervision fee (Enrollment fee) and any remaining fees from previous supervisions. The supervision fee agreement form shall be signed and placed in the case file with the offender receiving a copy. (Per Iowa Code 905.14)
      1. If it is a transfer case from another district, request that the sending officer send the supervising officer the amounts paid and owed. The receiving district shall collect the remaining balances.
    7. The supervising officer shall determine if the offender meets the criteria to be DNA tested. If the offender meets the criteria, the supervising officer will be responsible to confirm if a DNA test was already completed by the Institutions or if he/she will need to set an appointment for the offender to be DNA tested. (See DNA Testing policy).
    8. The supervising officer shall inform and annually review with the offender the criteria for early discharge:
      1. When it is clear that the delivery of services to the offender is no longer required to protect the community or to enhance the offender's overall performance in living a law abiding lifestyle, usually half the term of supervision.
      2. Offenders must remain substance abuse and arrest free.
      3. Offenders must complete all Court ordered conditions and District conditions set by the supervising officer.
      4. Offenders must have paid all financial obligations to the Court as well as supervision fees.
      5. Reduced intensity of supervision can be an appropriate step prior to early termination of supervision.
  3. The supervising officer shall complete, review and verify the Iowa Risk Classification to place the offender in the appropriate supervision level for the protection of the public and ensure the delivery of services.
    1. The supervising officer will submit Iowa Risk Classification in ICON within the first 30 days from the date of assignment, (see ICON Business Rules, Iowa Risk Assessment)
    2. An Iowa Risk Reassessment shall be completed every 6 months to ensure the appropriate level of supervision for the offender. Reassessments may increase supervision in response to higher risk and/or identified needs, or reduce supervision in recognition of successful adjustment and reduced risk to the community.
    3. An Iowa Risk Reassessment shall be completed when new information is received that indicates additional or different need/risk areas.
    4. Offenders scoring 12 and above on the Iowa Risk Classification system shall receive a LSI, Jesness, and case plan completed. (See Assessment and Case Planning policy).
    5. The supervising officer may override an offender up or down in supervision level. The supervising officer's decision to override shall take into account what impact it would have on an offender's success and community safety. Overrides must have supervisory approval prior to submitting the Iowa Risk into ICON.
  4. Explanation of program responsibilities and requirements with the offender while under supervision:
    1. Explanation of the drug and alcohol policy (See Substance Abuse policy).
    2. Explanation of the home visit policy, if applicable. (See Home Visit policy).
    3. The supervising officer shall make the appropriate referrals to fulfill the Court ordered probation conditions and District imposed conditions. Referrals will address public safety and the offender's needs identified through the LSI assessment within the District or by assessments by outside agencies.
      1. Adequate provisions shall be made for the needs of the physically and mentally challenged offenders by adding, deleting, or modifying Court ordered conditions to enhance the offender's success of completing supervision.
      2. If resources to complete a specific Court ordered condition are not available within the District and/or community, the supervising officer shall inform the Court that the condition is unattainable and request further Court review.
      3. The supervising officer may request to add, delete, or modify Court ordered conditions in order to facilitate the protection of the public and to ensure the delivery of services to address the needs of the offender for a successful outcome of supervision.
      4. The supervising officer will need to prepare a Ruling Order (form) to the Court to change the conditions of supervision. A Judge from the sentencing county will need to sign the Ruling Order, granting approval on any added, deleted, or modified conditions of supervision. (See Modifying Ordered Conditions policy).
    4. Offenders may be required to complete special programs as indicated by the assessments administered. Conditions set by the Court, include but are not limited to District programming, substance abuse treatment, mental health counseling, or addressing the needs of the physically and mentally challenged.
    5. Offenders will need to provide proof of successful completion of Court ordered and District imposed. The supervising officer shall keep a copy of completed programming and conditions in the appropriate section of the case file.
    6. Offenders will be required to work if capable.
      1. If employed, the employment shall be verified by calling the employer or the offender will be required to provide check stubs from their employment to their supervising officer.
      2. If unemployed, the supervising officer will refer the offender to Job Club within the District or to outside agencies to assist the offender in gaining full time employment. (See Job Club policy)
    7. The supervising officer will explain the rationale of the contact standards that will be required of the offender. Contact standards are determined by the supervision level set by using the Iowa Risk Assessment. (See Contact Standards policy).
    8. Offenders shall be advised that failure to complete the Court ordered conditions within the time frames specified by the Court or supervising officer may cause an increase in supervision level or the initiation of revocation proceedings.
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