Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

  • Search Policies

<< Back | Printer Friendly Version

TITLE: Ptr Recommendations And Conditions Of Release

POLICY

Staff shall develop a recommendation regarding release, and if the defendant's release to the custody of the District will be recommended, conditions of release shall be developed.

PROCEDURES

Develop Recommendation.

  1. At the completion of the verification process, both the reported and verified points on the Pretrial Interview form shall be totaled.
  2. The totaled points shall serve as a guideline for the recommendation.
    1. Four or more points on reported and verified information means the defendant is eligible for Pre-Trial Release.
    2. Less than 4 points on either the reported or verified information means the defendant is eligible for review by staff for some form of supervised release.
  3. If there are factors the scale does not take into consideration such as the severity of the offense, attitude of the defendant, or other valid reasons, an override shall be contemplated and an appropriate recommendation made with documentation noted by the staff interviewer on the interview form.
  4. In cases involving the charges listed below, the County Attorney's office is advised that a release recommendation will be made so that their office may "resist" or object to that recommendation based on their knowledge of facts to be presented in evidence. Staff will also advise the Pre-Trial Release Supervisor that the individual qualifies for release.
    • Arson 1
    • Assault While Participating in Felony Causing Serious Injury
    • Assault While Participating in Felony
    • Burglary 1
    • Kidnapping 1
    • Kidnapping 2
    • Kidnapping 3
    • Manslaughter, Voluntary
    • Manslaughter, Involuntary - During Public Offense
    • Murder 1
    • Murder 2
    • Murder - Attempted
    • Robbery 1
    • Robbery 2
    • Sexual Abuse 1
    • Sexual Abuse 2
    • Sexual Abuse 3 - Except between Spouses or in violation of 709.4(2)©(4)
    • Sexual Abuse - Assault W/I, W/ Serious Injury
    • Sexual Abuse - Assault W/I, W/Bodily Injury
    • Willful Injury
    • Any Felonious Assault
    • Child Endangerment (FE)
    • Going Armed With Intent
    • Lascivious Acts With A Child
    • Sexual Exploitation of a Minor
    • Terrorism
    • Vehicular Homicide
    • All Class "B" Drug Offenses
  5. If the County Attorney resists the defendant's release, staff shall first notify their Supervisor or designee and make a determination regarding what recommendation will be made. If appropriate, staff shall notify the defense attorney, except in Polk County where the subsequent policy will be followed, whenever possible so that he/she may have the earliest opportunity to request a formal bond review hearing. If the County Attorney has not responded within 24 hours, on the next working day, or in the case of "B" Drug Felonies within 48 hours, and the defendant qualifies for release, staff shall make the recommendation for release to the Court.
    1. The staff person will notify the County Attorney working in the "jail court" that Pre-trial plans to interview the individual so they can obtain copy of the police report for review.
    2. The staff person will interview the individual and verify the information. Complete the score and write the recommendation in the appropriate place on the form.
    3. The staff person will provide the completed form and recommendation to the Supervisor for his/her review.
    4. The staff person will notify the "jail court" County Attorney that the individual qualifies for Pre-trial Release and that a Bond Review is scheduled for the following day.
  6. In the case of class "B" Drug Felonies in Polk County, the following steps will be completed:
    1. The staff person will interview the individual and verify the information.
    2. The staff person will complete the scoring on the form and write the recommendation on the appropriate place on the form.
    3. The staff person will provide the completed form and recommendation to the Probation/Parole Officer for review.
    4. The Probation/Parole Officer will notify the County Attorney in charge of drug cases that the individual qualifies for Pre-trial Release and the officer requests input from the County Attorney regarding his/her resistance.
    5. If resistance is indicated, the Supervisor will notify the Judge and the defense attorney so that a formal bond review may be scheduled.
    6. In the event the Probation/Parole Officer is not available his/her designee will fulfill the officer's responsibilities.
  7. In cases involving the manufacture, delivery, possession with the intent to deliver, or distribution of methamphetamine, its salts, optical isomers, and salts of its optical isomers, the defendant shall be automatically referred for a supervised release to comply with the requirement of random drug testing.

Develop Conditions

  1. All defendants released to the custody of the District through Pre-trial Release will be subject to the Court approved conditions listed on the Bond Conditions Form (5PTR-F2a & 5PTR-F2c or 5PTR-F2d) unless the Court specifically waives any condition in the Court's Order of Release.
  2. Any special conditions of release shall be entered by staff in the area provided on the Bond Conditions Form. To determine the need for special conditions staff shall review:
    1. The defendant's involvement with or use of any type of firearms or weapons.
    2. The need of the defendant to either limit their use of or completely abstain from the use of any intoxicants or non-prescribed drugs.
    3. The need of the defendant to obtain any medical attention, substance abuse evaluation, and/or treatment.
    4. The need of the defendant to become involved with any community resources to obtain services.
    5. The need to restrict the place of residence or the living arrangements of the defendant.
    6. All defendants charged with unlawful possession, delivery, or distribut8ion of a controlled substance under Chapter 124 of the Iowa Code shall be required, as a condition of their release, to submit to a substance abuse evaluation and follow any recommendations proposed in the evaluation for appropriate substance abuse treatment.
  3. Once a decision is made to recommend release, staff will approach the presiding Judge (usually informally in chambers), and present a Bond Form (5PTR-F2a) for approval.
  4. Upon the defendant's release being authorized, the Bond Form is filed with the Clerk of Court and an Order of Discharge is issued. A copy of the Order of Discharge is also filed with the Clerk of Court.
  5. The original Order of Discharge is issued to the jail. A copy of the Bond Form is then attached to the Pre-Trial Release Interview form.
<< Back | Printer Friendly Version


Offices | Services | Offender Information | Resources | Reports | PREA | Links