Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Yop Noncompliance

POLICY

Should a Youthful Offender be arrested for a new criminal offense or fail to comply with any Youthful Offender Program requirements, plea agreement Youthful Offender staff shall impose intermediate sanctions in an effort to correct the situation. As necessary, action shall be taken to remove (discharge) the offender from the program.

PROCEDURES

  1. Arrest of a Youthful Offender for a new offense.
    1. Upon notification of the arrest of a Youthful Offender for a new offense, Youthful Offender staff, including the County Attorney, shall review the arrest situation. and then file a If appropriate a Youthful Offender Program Pretrial Release report of violations of pre-trial release and arrest report/warrant request order and request for hearing or request for warrant shall be completed.

      *NOTE: Generally the Youthful Offender Program staff will take each case by case based on it's individual merit on what actions/sanctions needs to be applied and refer to Youthful Offender Program judge for final approval.

    2. The Youthful Offender Program staff and County Attorney shall ensure timely and appropriate Court action occurs.
    3. Youthful Offender Program staff shall consult with County Attorney staff to consider whether or not the offense is cause for removal of the offender from the Youthful Offender Program.
    4. Following the decision, Youthful Offender Program staff and County Attorney shall prepare the plan to return the offender to Youthful Offender Program or provide any needed information and/or court testimony on Youthful Offender Program compliance in order to remove the offender from the program.
  2. Failure of a youthful offender to comply with program components and/or supervision requirements
    1. Upon the first failure of an offender to comply, the offender's non-compliance shall be presented at the weekly staff meeting and staff input will be obtained on intermediate sanction(s)
    2. Sanction(s) shall be applied and increased as necessary with every effort made to assist the offender in overcoming non-compliance.

      Sanctions shall include, but not be limited to:

      1. Imposition of additional or increased program component requirements such as community service hours/day reporting increase, UA testing
      2. Additional attendant hours at Youthful Offender Program
      3. Electronic monitoring/House arrest/lowered curfews/more restrictions
    3. At the weekly staffing, the offender's situation shall continue to be reviewed, and if deemed necessary a status hearing will be scheduled with the court system.
    4. If deemed to be a danger to self or the community and/or unwilling to comply with Youthful Offender Program requirements, Youthful Offender staff shall take the offender into custody, following consultation with County Attorney staff.
  3. Reinstatement of an arrested offender to Youthful Offender Program.

    Upon the anticipated or actual reinstatement of a Youthful Offender to the program, the offender shall be staffed at the weekly meeting with a staff decision made on assessment of the offender, his/her situation and the needed changes to be made by the offender. If deemed appropriate the offender, their attorney shall be required to be present at the staff meeting.
    *NOTE: In certain cases family members of offender's attorney may be asked to attend meeting.

  4. Discharged offenders
    1. If a decision is made at any point to discharge (remove) the offender from Youthful Offender Program a discharge is completed and filed with the Court. Youthful Offender Program staff shall ensure a copy of the stamp filed form is obtained and placed in the case file to close the case.
    2. If an offender is discharged from Youth Offender Program, the case file shall be closed by Youthful Offender Program staff to await further court action. If the Court orders action to be taken by the department, such as a pre-sentence investigation or supervision services, all appropriate materials in the case file shall be copied and sent to the Probation/Parole Supervisor or clerical staff for that division. The original case file shall remain with Youthful Offender Program.
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