ELIGIBILITY FOR ELECTRONIC MONITORING
Commitments to electronic monitoring services can be made through the courts via executed (non-suspendable) sentences, direct commitment (non-suspendable), sentence modifications, Community Transition Program, Bond Stipulations, Probation Violation sanctions or as a condition of probation. Consistent with Indiana Code governing the rules of electronic monitoring, a defendant must agree to follow conditions of Electronic Monitoring.
Offenders may be placed on Electronic Monitoring for a period no less than 60 days. There is NO GOOD TIME CREDIT for electronic monitoring. **As of July 1, 2010, any one sentenced on or after as a direct placement (non-suspendable) is eligible for Good Time Credit.
Four types of monitoring available:
- GPS Monitoring without home detention: A weekly schedule of movement must be completed however only restrictions in place on locations will be set by the Court or a Protective Order.
- GPS Monitoring with home detention: Offender is restricted to the home except for approved locations on the weekly schedule.
- GPS with SleepTime Monitoring. With or without home detention. In addition to GPS monitoring this device also acts as a monitor for alcohol and drug usage. Clients call into a toll free number to find out if they need to report for a drug screen.
- Curfew monitoring: Offender has times set by the Court they must remain in the home.
ELECTRONIC MONITORING PRE-SCREENING
An attorney must complete a referral form unless the defendant has chose to represent him/herself at least 90 days prior to the plea hearing. Included with the referral form must be all required paperwork (Referral form, police report, plea agreement, criminal history and PSI (if available)). Referrals received will be reviewed by the program administrator for completeness and accuracy. Once received the Defendant will receive information, packets, and a letter with the pre-screen interview appointment date in the mail. Failure to show for the appointment will result in a denial. $25.00 fee for pre-screening must be paid prior to the pre-screen taking place. The client, if working, needs to bring a copy of a recent paycheck stub. Once the interview is completed the Defendant will then be scheduled for a pre-screen walk thru at the address the Defendant wishes to reside. Once the walk thru is completed the information will then be reviewed and a letter filed with the Court accepting or denying the Defendant for the program. If the address or employment listed on the letter change Community Corrections must be notified immediately (at least 30 days prior to sentencing) for approval.
IC 35-38-2.5-7 Offenders not subject to home detention.
(a) A Court may not order home detention for an offender unless the offender agrees to abide by all of the requirements set forth in the Court’s order issued.
(b) A Court may not order home detention for an offender who is being held under a detainer, warrant, or process issued by a Court of another jurisdiction.
The Defendant should have full time employment and be gainfully employed full time for the previous three months. Those being released to Community Corrections through Community Transitions Program or directly from jail will have ten (10) days from beginning of the program to obtain verifiable employment. Employment must be within Boone County, at one location and verifiable. Verification is provided via a paycheck stub and time card. Self-employment in construction will be looked at on a case by case basis. Exceptions may be granted by the Program Administrator for work sites bordering Boone County; however, all employment must be within daily commuting distance of the home detention location. All employment must be approved by the Program Administrator. Employment at locations serving alcoholic beverages (i.e. liquor stores, taverns/bars, restaurants with liquor license) will not be approved for persons with any pending alcohol related offenses or history of alcohol abuse or alcohol offenses within the past five years. The same rules apply to those with drug offenses working in the pharmaceutical field. Employers refusing to allow unannounced job site visits will not be approved as a jobsite. Employers must agree to sign an agreement that they will provide truthful information in regards to the Defendant’s employment.
Defendants must have stability (positive support group and employment) and live in Boone County in order to be properly monitored and supervised. An approved residence will have no more than two apartments in a stand-alone dwelling. The residence is subject to approval during the pre-screening process. Defendant’s living in a trailer or mobile home may require an additional fee for Electronic Monitoring. If at any time the conditions of the residence show signs of putting the client at risk of being able to complete the program successfully the client will be required to seek different living arrangements. Boone County Community Corrections is concerned with helping the client make choices that will enable them to live crime free upon completion of the program.
Defendants and offenses must be considered low-medium risk. Defendants must have demonstrated the ability to comply with rules and restrictions. Defendants considered a potential safety risk to society, members of society or the staff as a result of their criminal/mental history or pending charges will not be approved for the program.
AS A CONDITION OF PROBATION
The Court may order Electronic Monitoring for a period of not less than 60 days as a condition of probation.
The Court may sentence an offender directly to Community Corrections. This would include some offenders that would have received non-suspendable sentences. Direct placement for non-suspendable sentences does not apply to persons convicted of any of the following:
(2) Except as provided in subsection (a)(3), any of the felonies listed in IC 35-50-2-2(b)(4).
(3) An offense under IC 9-30-5-4
(4) An offense under IC 9-30-5-5
VIOLENT/SECURITY RISK OFFENDERS
Offenders considered a “security risk” as defined in IC 35-38-2.5-4.5 “(1) flight risk or (2) threat to the physical safety of the public”, are not eligible for the electronic monitoring program.
ELECTRONIC SURVEILLANCE EQUIPMENT
An electronic Global Positional Satellite surveillance system will be used for each offender referred for Electronic Monitoring. The Curfew Monitoring program for juveniles will employ a radio frequency bracelet and may require a phone line in the home.
Consistent with state law, there will be no absences from home except for those situations/circumstances approved for absence by the Electronic Monitoring staff. Such situations/circumstances will be related to employment, counseling, treatment, medical care, education, the search for employment, church or scheduled/approved privilege time. All approved absence locations should be within Boone County. With prior approval, offenders with no other adult in the residence may have up to one hour per week (plus travel time) to purchase necessities at one location. The Program Administrator may approve deviations from this policy.
Defendants may attend viewing and funeral services for deceased member of the immediate family (parents, spouse, children, brothers, sisters, grandchildren, grandparents). Viewing and funeral services must be in Boone County. The Program Administrator may approve deviations from this policy.
There are two types of violations; technical and substantive. A technical violation is defined as violations which are discovered via a printout or other computer generated means. A substantive violation is one that is directly observed. A technical violation becomes substantive when verified/confirmed. A positive urine screen or alcohol test is considered a substantive violation. All substantive violations may be filed with the sentencing Court. A Report of Violation of Community Corrections may be filed requesting Court action. Technical violations may be filed, if they continue to occur. In order for an offender to successfully complete Electronic Monitoring, they must be in compliance with program rules in such a manner as to avoid a filing of a violation with the Court and subsequent termination from the program. Discretionary powers are delegated to the Program Administrator to evaluate violations of program rules and how to best resolve them in a consistent and appropriate manner. Major violations such as positive drug screens, use/possession of alcohol or committing another criminal offense may result in immediate filing with the Court, a warrant could be issued and termination from the program pending a hearing in the matter.
Other violations may be resolved with an office visit and appropriate sanctions or reprimand administered. Sentence modifications are only applied after a Court order has been received granting such a modification.
SANCTIONS FOR VIOLATIONS
Violations of program rules may result in a variety of sanctions. Sanctions may include the following: loss of any out-of-home privilege, mandatory alcohol/substance abuse education, mandatory cognitive/behavioral programs, placement in the Boone County Jail or Department of Corrections or any combination thereof. Furthermore, the violation of any program may also result in a probation violation.
EMERGENCY CHANGE OF PLACEMENT
The program administrator or representative may request from a Judge an immediate change of placement to the Boone County Jail, if an offender fails to meet basic Electronic Monitoring criteria in accordance with Indiana Code 35-38-2.5.
Offenders without a GED or high school diploma executing sentences as a result of Court action will be encouraged to complete their GED. Offenders wishing to pursue technical or other educational opportunities will be evaluated on an individual basis. At no time will work, treatment, or education total a combined total of more than 70 hours per week away from the residence.
Each offender shall be assessed a daily fee of the equivalent of one hours pay or at least a minimum of $10.00 per day (an additional fee could be assessed if add on equipment is needed to properly monitor the offender) $13.00 per day if GPS with SleepTime. A minimum payment of the daily rate times 7 (at $10.00 a day is equal to $70.00 a week) is required every Monday. Additional fees include $25.00 pre-screen fee, $140.00 hook up fee, $50.00 Administrative fee. $20.00 fee for change of location or removal of the bracelet outside of Court order (i.e. for CAT scans or MRIs), $50.00 for each drug screen administered. An offender being transferred could be assessed a $50.00 transfer fee. All fees must be paid in full or a pay agreement in place for an offender to be released from Electronic Monitoring successfully.
Failure to pay two weeks in a row will result in an Administrative Hearing and a pay agreement increasing the weekly payments. Failure to comply with the pay agreement will result in removal from the program and a violation could be filed with the Court.
Offenders residing in Boone County who wish to have their Out-of-County supervision transferred to BooneCounty must be approved through the screening process including the $25.00 pre-screening fee. Denial of an application means denial of the transfer request. Transfers will be given the lowest priority, and will only be accepted, if program space is available and eligibility criteria are met.
Offenders who have been approved and sentenced, but are waiting to begin Electronic Monitoring will report weekly to Community Corrections as directed by the Court, Program Director or representative of Community Corrections.