TITLE: Rws Selection And Release
Defendants who have failed to qualify for Pre-Trial Release as a result of too few points or were denied a release recommendation for some other subjective reason such as a need for specialized counseling in the areas of substance abuse, mental health issues, job development, educational needs, etc. will be considered for possible release through Release With Supervision. In Polk County, the Release with Supervision/Intensive Pretrial Release selection process is done by a Probation/Parole Officer (PPO) who is under the supervision of the Pre-Trial Release Supervisor. Those recommended for release through Release with Supervision are actively supervised by a Release With Supervision Probation/Parole Officer pending disposition of their charges.
- Once a determination has been made that a defendant is not eligible for Pre-Trial Release, the file is reviewed for release under Release with Supervision, or in Polk County, turned over to the Selection Agent.
- Information in the file is reviewed along with any information contained in other corrections and law enforcement records (i.e. ICIS, ICON, NCIC, Police Department rap sheet).
- Personal references, whose names had been provided by the defendant during the initial Pre-Trial Release interview are contacted in order to document character recommendations, and to further verify and expand on information contained in the file.
- The defendant may also be interviewed if the Selection Agent feels a need to further clarify file information, or to assess the defendant's motivation to comply with conditions of the program.
- In deciding whether or not to recommend a certain defendant for release, the interviewer considers such things as:
- family ties
- Prior Residential stability
- Employment stability
- Established criminal history
NOTE: The first three (3) categories are significant in terms of assessing the likelihood of flight, while prior criminal history may be an indication whether or not a particular defendant constitutes a risk to the community. Any past failures to appear (FTA) are also noted when reviewing past criminal records.
- Once a decision is made to recommend release, the PPO approaches the presiding Judge (usually informally in chambers), and presents a Release with Supervision Bond Form (5PTR-F2a) along with the specific recommendation.
- In cases involving "forcible" felonies and/or class "B" drug charges, 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.
- If an objection is offered, a formal bond review may be held in order to make a record of the recommendation and specific reasons for the resistance.
- Upon the defendant's release being authorized, the Bond Form (5PTR-F2a) is filed with the Clerk of Court and an Order of Discharge (5PTR-F2b) is issued.
- Prior to the Order of Discharge being issued, the Selection Agent or PPO meets with the defendant in jail and performs an "intake" procedure.
- The defendant is informed of the specific conditions of release, and the defendant agrees to abide by those conditions.
- The defendant signs a Release with Supervision Contract (5PTR-F3) after having read or having had read to him/her the conditions.
- The defendant is given instructions to contact the Release with Supervision PPO the following workday.
- The Order of Discharge is issued to the jail.
- In Polk County, the Selection Agent then notifies the Release With Supervision PPO that the defendant will be calling to make an appointment to initiate supervision.