Fifth Judicial District - Department of Correctional Services

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TITLE: Yop Offender Eligibility

POLICY

Youthful Offender Program is offered, at the County Attorney's and Department of Correctional Services discretion, to qualified juveniles waived to adult court on felony charges and adult offenders, under age twenty-two, charged with a first time felony. Offenders enter the Youthful Offender Program on a pre-trial status, which is determined by the Youthful Offender Staff and LSI-R results as well as all other assessment results.

PROCEDURES

  1. Waived Juveniles
    1. The department will rely on the internal evaluation process used by the Juvenile Court Services to determine if a recommendation of waiver to adult court will be made to the County Attorney and the Court.
    2. The County Attorney will determine if the offender will be offered an opportunity to participate in Youthful Offender Program.
    3. Should that occur and the offender enters Youthful Offender Program, Youthful Offender Program Staff shall have the offender complete a Pre-Trial Plea Agreement.
  2. Identification of adult offenders, under age twenty-two, for Youthful Offender Program.
    1. The County Attorney will determine if the offender will be offered an opportunity to participate in Youthful Offender Program.
    2. Should that occur and the offender enters Youthful Offender Program, Youthful Offender Program Staff shall have the offender complete a Pre-Trial Plea Agreement.
    3. All offenders entering the Youthful Offender Program are pre-screened by Youthful Offender Staff this includes Department of Correctional Services Staff and County Attorney's office.
  3. Offender sign-up Sessions
    1. Offenders identified by Youthful Offender Program Staff as being appropriate for the Youthful Offender Program will be contacted by the County Attorney with a letter to offender and their attorney. The letter will invite the offender and attorney for youthful offender sign up at Polk County Court House.
    2. Prior to the scheduled sign-up session, Youthful Offender staff, in consultation with County Attorney staff, will gather documents pertinent to the offender's offense(s) and from them prepare forms (confession, plea agreement, terms of supervision, etc.) for the signature of the offender, and later approval by County Attorney staff. Note: Other forms may be prepared and signed at the direction of County Attorney staff.
    3. If the offender and attorney do not appear for a scheduled sign-up session, or require another date to be scheduled, the County Attorney shall again schedule the offender. The offender will be allowed no more than two scheduled sessions before no longer having the opportunity to enter Youthful Offender Program.
  4. As a part of the intake process Youthful Offender Program staff shall complete the following:
    1. Ensure pertinent available data and documents regarding the offender, including the offender's current offense and social, criminal, and/or educational or treatment history from all available sources have been gathered and placed in the case file. Youthful Offender Program staff will contact offenders other probation officer if on another caseload.
    2. Complete a LSI-R, Jessness, and all pre-trial intake forms and contracts. (see forms)
    3. Obtain a current NCIC record.
  5. Youthful Offender Program staff shall ensure all offenders have read, or read to them, all documents the offenders are expected to sign to ensure that understanding occurs. That process shall then be documented in generic notes in ICON.
  6. In all aspects of the Youthful Offender Program, Department Policy and Procedures shall generally apply, unless Youthful Offender Program Policy and Procedures indicate otherwise. Examples: Travel permits, client's referrals, and other topics such as confidentiality, case audits, etc. If in doubt regarding policy, and procedures or use of forms, Youthful Offenders Program staff shall consult with a supervisor.
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