Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Ptr Conducting Interviews

POLICY

Unless the Court has given separate direction that an interview is not to be conducted, interviews shall be conducted, without unnecessary delay, by assigned Fifth Judicial District Department of Correctional Services staff within the Fifth Judicial District with all eligible new defendants, as defined by District policy.

PROCEDURES

  1. Staff Assignment
    1. A Probation/Parole Supervisor in each division of the District shall be assigned to assure interviews are made available throughout that division.
    2. Information regarding the availability of Pre-Trial services shall be provided to every jail/lock-up in the District.
    3. Staff and equipment shall be provided to assure services are made available.
  2. Every jail/lock-up shall be contacted once every twenty-four hours to determine if any defendants desire or are eligible for an interview. Inquiries are made with the Iowa Court Information System (ICIS) and the Iowa Corrections Online Network (ICON) computer systems regarding pending charges and previous convictions. The contacts indicating date, defendant name, D.O.B., charge, and recommendation are documented in a log by the staff member making the contact or researching the interview eligibility.
  3. Unless the Court has directed or requests an interview not be conducted, all defendants shall be considered eligible for an interview with the following exceptions:
    1. Previous Pre-trial Release bond revocation within the last 5 years.
    2. Simple misdemeanors or traffic violations (In Polk County Simple Domestic Assaults will be interviewed.).
    3. Violations of injunctions (including violation of No Contact Order, Failure to Register as a Sex Offender, Violation of a Custodial Order).
    4. The charge is Contempt of Court.
    5. The defendant is currently on Probation/Parole or the charge is Probation/Parole Violation.
    6. The current charge is Failure to Appear.
    7. The defendant has warrants from other jurisdictions within or outside of Iowa (including Fugitive from Justice).
    8. The defendant has Federal warrants or Holds (i.e. INS).
    9. The charge is Escape.
    10. The defendant is charged as a juvenile.
    11. The defendant is charged as a Material Witness.
    12. The defendant has pending charges that are a serious misdemeanor, an aggravated misdemeanor, or a felony.
    13. The defendant is currently out of custody on an Appeal Bond.
    14. The defendant is not legally in the United States.

      Note: Exceptions may be made to the above in some instances, at the direction of the Court or upon local practices. If the defendant is under supervision by any correctional agency (state, federal or another Judicial District Department of Correctional Services) prompt notice of the arrest shall be made to that agency and/or officer.

  4. Defendants determined to be eligible for an interview shall be interviewed without unnecessary delay unless the Court has given separate direction that no interview be conducted. If so, the Court's direction shall be documented in the log or documentation shall be obtained from the Court.
  5. During the interview staff shall advise the defendant of the following:
    1. The staff person is an employee of the Fifth Judicial District Department of Correctional Services.
    2. By District policy, the defendant is eligible for a pre-trial interview.
    3. The interview consists of questions for the defendant to answer concerning place and time of residence, family ties, employment/support, character/mental health, criminal record, references, etc.
    4. During the interview no questions will be directed at the guilt or innocence of the defendant and there will be no questions about the offense.
    5. Attempts will be made to verify the answers given by the defendant through contacting a family member, employer, reference, etc.
    6. From the interview, staff will develop a recommendation to the Court regarding release from custody: ROR, RWS, IPTR, or no release. If information cannot be verified completely, staff may advise the Court and make no recommendation.
    7. The defendant has the right to refuse to be interviewed.
  6. Should the defendant refuse to be interviewed, the name of the defendant, the charge, the date, time and place of the offered interview shall be documented in the contact log and on the interview form.
  7. The Pre-Trial Interview Form shall be used to conduct the interview.
  8. For each interview conducted, the ICON operator shall enter the interview into ICON. If the defendant is not released to the custody of the District, the interview form and other appropriate materials, shall be placed in a file, labeled by name, ICON number, and closed.
  9. If the Court orders a bond reduction hearing, or if the County Attorney or defense attorney's staff inquire about an defendant who either refused an interview or who was not released from custody, the staff person who last gave the defendant consideration or the staff assigned to do so, shall review the file.
  10. Pre-trial Release will provide supervision to all defendants released from jail to the custody of the District.
    1. The defendant shall receive a copy of the Bond Conditions (PTR-F2c or PTR-F2d) outlining the expectations and requirements of Pre-trial supervision.
    2. Staff shall make pre-screening forms available to all jails that hold individuals over twelve hours.
      1. With cooperation from jail staff, the form will be given to individuals who are being held in lieu of bond for pending offenses of serious misdemeanors or above within twenty-four hours.
      2. Upon the defendant's completion of the pre-screening form, the jail staff shall submit the completed form to the District staff as soon as possible, either by fax or in person. After reviewing the pre-screening form, ICON, NCIC, and local records, the staff will determine if the defendant is eligible to be interviewed for Pre-trial Release. If the defendant is eligible, a Pre-trial Release interview shall take place without unnecessary delay.
      3. Interviews which have NCIC, ICIS, ICON and/or other information verified, will be entered into ICON.
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