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HomeMy WebLinkAboutSupervision StrategiesIdaho Department of Correction Standard Operating Procedure Title: Supervision Strategies Page: 1 of 13 Control Number: 701.04.02.001 Version: 10.0 Adopted: 07/14/2022 Brian Underwood, Chief of Probation and Parole, approved this document on 07/13/2022. The Board of Correction approved this document on 07/14/2022. Open to the public: Yes SCOPE This Standard Operating Procedure (SOP) applies to all Idaho Department of Correction (IDOC) employees involved in the supervision and management of probationers and parolees under the jurisdiction of the IDOC. Revision Summary Revision date (00/00/2021) version 10.0: Converted the Interim Standards to Supervision Strategies in the current SOP format. TABLE OF CONTENTS Scope .......................................................................................................................................... 1 Table of Contents ........................................................................................................................ 1 A. Statutory Authority .............................................................................................................. 2 B. Board of Correction IDAPA Rule Number ............................................................................ 2 C. Governing Policy ................................................................................................................. 2 D. Purpose .............................................................................................................................. 2 E. Responsibility ..................................................................................................................... 2 F. Definitions ........................................................................................................................... 2 G. Standard Procedures .......................................................................................................... 3 1. Expectations Applicable to All Supervision Levels ............................................................... 3 2. Critical Timelines ................................................................................................................. 4 3. Supervision Categories and LSI-R Score Ranges ............................................................... 4 4. High- Risk Supervision Standards....................................................................................... 4 5. Moderate-Risk Supervision Standards ................................................................................ 5 6. Low-Risk Supervision Standards ........................................................................................ 6 7. Felony Driving Under the Influence (DUI) Supervision Standards ....................................... 6 Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 2 of 13 Idaho Department of Correction 8. Supervision Standards for Clients on Sex Offender and Treatment Court Caseloads ......... 7 9. Expanded Community Reentry Center Supervision Standards ........................................... 7 10. Limited Supervision Unit (LSU) Standards ...................................................................... 8 11. Transfer to Limited Supervision Unit (LSU) ......................................................................... 9 12. Other Considerations .....................................................................................................10 H. References .......................................................................... Error! Bookmark not defined. A. STATUTORY AUTHORITY Idaho Code §§ 19-2601(5) and 20-219. B. BOARD OF CORRECTION IDAPA RULE NUMBER IDAPA 06.02.01, Rules Governing the Supervision of Clients on Probation or Parole C. GOVERNING POLICY Policy 701, Probation and Parole Supervision Strategies D. PURPOSE The purpose of this SOP is to give guidance and establish standards for the supervision of clients placed under the jurisdiction of the IDOC’s Division of Probation and Parole. E. RESPONSIBILITY The chief of the Division of Probation and Parole, or the designee assigned to oversee probation and parole services, is responsible for monitoring the performance of each district's compliance with this SOP. Division of Probation and Parole district managers, deputy district managers, and supervisors are required to implement this SOP in their districts and to ensure adherence to the guidelines, standards, and procedures herein. F. DEFINITIONS 1. Client – A person who has been convicted of a crime against the laws of a state and been ordered into the supervision of the IDOC Probation and Parole Division. 2. Collateral Contacts – Interactions with a client’s treatment providers, family, friends, and/or other community connections. The purpose of the contact is to ensure clients have, or are, establishing a positive and balanced pro-social network. 3. Field Contact – A contact that occurs at a client’s home, place of employment, or any other location the client frequents. 4. Home Contact – A successful home contact is completed either in the presence of the client or another confirmed adult member of the household. Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 3 of 13 Idaho Department of Correction 5. Meaningful Contact – A meaningful contact occurs when a supervising officer has a purposeful and constructive conversation or interaction with a client. The contact should include, but is not limited to: a. Addressing current barriers to the client’s success in the community. b. Helping the client to problem-solve a tough situation. c. Teaching or reinforcing a skill the client learned in cognitive behavioral training or another program. d. The supervising officer ’s acknowledgement and encouragement of positive behaviors. Meaningful contact occurs when the client understands the supervising officer wants them to succeed and has been offered guidance for how to do so. All contacts should be documented in the designated client management system. 6. Residence and Employment Verifications – Verifications of a client’s residence and employment that are required during the initial client sign-up and when a client moves or changes jobs. G. STANDARD PROCEDURES 1. Expectations Applicable to All Supervision Levels The standards indicated in this SOP for each supervision category represent the Division of Probation and Parole’s minimum supervision requirements. Probation and Parole Officers (PPOs) are expected to rely on their professional training and best judgment to increase contact with their clients as needed. An increase is required when a client’s behavior is not compliant with the terms and conditions of their supervision. The Division of Probation and Parole’s minimum supervision standards require: a. PPOs to document all contacts, successful and unsuccessful, in the designated client management system within two business days. b. PPOs to continually evaluate the level of supervision and interventions being provided for a client. c. Known or suspected violations be addressed within three business days. d. An immediate response from a PPO or law enforcement when there is an imminent threat to public safety, including, but not limited to: 1) Allegations of physical or sexual violence 2) Possession of a dangerous weapon 3) Operating a vehicle under the influence 4) Threats of violence 5) Unauthorized contact with victims e. Clients to actively pay their legal/financial obligations every month, if applicable. Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 4 of 13 Idaho Department of Correction f. Clients to pay their cost of supervision each month. g. All staff to respond to client and stakeholder communication (emails, voicemails, text messages, etc.) as soon as practical, but may not delay contact for longer than two to three business days unless extenuating circumstances exist. Such circumstances are to be noted in the client’s file. 2. Critical Timelines a. 72 Hours Within 72 hours of a client being sentenced to probation or released on probation, parole, or furlough from an IDOC facility or county jail, staff must have an initial face-to-face contact with the client. b. 14 Days The initial sign-up of a client must be completed within 14 days of the client’s assignment to a PPO. c. 30 Days Residence and employment verification must be completed within the first 30 days of case assignment, except for those in the Expanded CRC Furlough program. d. 45 Days The Level of Service Inventory – Revised (LSI-R) must be completed within 45 days of parole release or court-ordered probation. 3. Supervision Categories and LSI-R Score Ranges a. Males: 0-20 = Low 21-28 = Moderate 29+ = High b. Females: 0-22 = Low 23-30 = Moderate 31+ = High 4. High- Risk Supervision Standards The assigned PPO must satisfy the following minimum standards for male clients with an LSI-R score of 29 or higher and female clients with an LSI-R score of 31 or higher: a. Face-to-Face Contact 1) Two meaningful face-to-face contacts monthly. 2) One of the face-to-face contacts may be by video. b. Field Contact 1) The PPO must make every effort to ensure that at least one meaningful field contact every three months occurs with the client in their residence. If the client is not present, the contact will only be considered meaningful if the PPO is granted full access to the residence by an adult with apparent authority or an authorized roommate, and if the PPO is able to ascertain that all protective factors are being met. 2) Field contacts are to be done in locations the client frequents, such as their home, their place of employment, or other locations as determined by the PPO. Field Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 5 of 13 Idaho Department of Correction contacts allow the PPO to identify areas where a client may need assistance and is an opportunity to provide positive reinforcement and client validation. 3) Following a change of residence or employment, home contacts or new employment verifications must be conducted within 30 days. Employment verifications may occur by contacting the employer, inspecting an official pay stub, or observing the client at their place of employment. Discretion should be used when meeting with the client at their place of employment. c. Substance Use Testing and Treatment 1) High risk clients are required to submit to a minimum of one random urine analysis (UA) per month. Substance testing should also be utilized for cause when a PPO has a reasonable, articulable, suspicion that a client has been using a prohibited substance. If a UA is waived, the waiver must be approved by a supervisor and documented in the client management system. 2) Testing may be random or scheduled based on client need, as determined by the PPO. 3) If a client is referred to treatment or programming, the PPO must verify enrollment within 14 days and then complete one treatment collateral contact every month with treatment provider. 5. Moderate-Risk Supervision Standards The assigned PPO must satisfy the following minimum standards for male clients with an LSI-R score of 21-28 and female clients with an LSI-R score of 23-30: a. Face-to-Face Contact 1) Two meaningful face-to-face contacts every three months. 2) One of the face-to-face contacts may be by video. b. Field Contact 1) One field contact every six months. 2) The PPO must make every effort to ensure at least one meaningful field contact per year occurs with the client in their residence. If the client is not present, the contact will only be considered meaningful if the PPO is granted full access to the residence by an adult with apparent authority or an authorized roommate, and if the PPO is able to ascertain that all protective factors are being met. 3) Field contacts are to be done in locations the client frequents, such as their home, their place of employment, or other locations as determined by the PPO. Field contacts allow the PPO to identify areas where a client may need assistance and is an opportunity to provide positive reinforcement and client validation. 4) Following a change of residence or employment, residence and new employment verifications are to be conducted within 30 days. Employment verifications may occur by contacting the employer, inspecting an official pay stub, or observing the client at their place of employment. Discretion should be used when meeting with the client at their place of employment. Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 6 of 13 Idaho Department of Correction c. Substance Use Testing and Treatment 1) Substance testing should be utilized when necessary for cause. 2) Testing may be random or scheduled based on client need as determined by the PPO. 3) If a client is referred to treatment or programming, the PPO must verify enrollment within 14 days and then complete one treatment collateral contact every month with treatment provider. 6. Low-Risk Supervision Standards The assigned PPO must satisfy the following minimum standards for male clients with an LSI-R score of 0-20 and female clients with an LSI-R score of 0-22: a. Web-Based Reporting: All clients are required to check-in on IDOC Web-Based Reporting (WBR) at least once every month. b. Face-to-Face Contact 1) One meaningful face-to-face contact every six months. 2) One of the two face-to-face contacts during the year may be by video. c. Field Contact 1) The PPO must make every effort to ensure at least one meaningful field contact per year occurs with the client in their residence. If the client is not present, the contact will only be considered meaningful if the PPO is granted full access to the residence by an adult with apparent authority or an authorized roommate, and if the PPO is able to ascertain that all protective factors are being met. 2) Following a change of residence or employment, residence and new employment verifications are to be conducted within 30 days. Employment verifications may occur by contacting the employer, inspecting an official pay stub, or observing the client at their place of employment. Discretion should be used when meeting with the client at their place of employment. d. Substance Use Testing and Treatment 1) Substance testing should be utilized when necessary for cause. 2) Testing may be random or scheduled based on client need as determined by the PPO. 3) If a client is referred to treatment or programming, the PPO must verify enrollment within 14 days and then conduct one collateral contact with the provider every 90 days if applicable. 7. Felony Driving Under the Influence (DUI) Supervision Standards The assigned PPO must satisfy the following minimum supervision standards for individuals convicted of DUI: a. LSI-R scoring Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 7 of 13 Idaho Department of Correction 1) The assigned PPO will supervise the client based on their LSI-R score unless the client scores in the low-risk category. If the client scores in the low-risk category the LSI-R score will be overridden, and the client will be supervised under the moderate- supervision standards. 2) The LSI-R override will be for a minimum of one (1) year. 3) At the end of one year of supervision, the client may be supervised according to an updated LSR-I score. b. Substance Use Testing and Treatment 1) Felony DUI clients are required to submit to random UAs or other testing devices that measure substance use for a minimum of the first 90 days of supervision. After the first 90 days, if there are no issues, the PPO will follow established substance use testing based on the level of supervision. 2) Treatment will follow the standards of the applicable supervision category. c. Substance Use Response (Risk Reduction) The PPO will refer to the Idaho Response Matrix for all episodes of substance use. 8. Supervision Standards for Clients on Sex Offender and Treatment Court Caseloads Treatment Court Standards are outlined and set by the Idaho Judiciary. Sex offender supervision standards are found in SOP 701.04.02.006, Sex Offenders Supervision and Classification. 9. Expanded Community Reentry Center Supervision Standards The standards in this section apply to clients participating in the Expanded Community Reentry Center Furlough Program. See SOP 605.02.01.001, Furloughs. The assigned PPO must satisfy the following minimum standards: a. Face-to-Face Contact 1) One face-to-face contact every seven days. 2) Within each 30-day period, one face-to-face contact must occur in the client’s residence. The other face-to-face contacts may occur at any location. 3) Within a 30-day period, one face-to-face contact may be by video. b. Field Contact 1) Following a change of residence or employment, residence and new employment verifications are to be conducted within 24 hours. 2) One employment verification is to be conducted every thirty days. c. GPS Monitoring 1) GPS monitoring should be used when necessary. 2) The use of GPS monitoring is at the discretion of district management and the supervising PPO. Utilizing facial recognition, the GPS location application (i.e. Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 8 of 13 Idaho Department of Correction “aCheck” phone app) is encouraged in every case where the client has access to a cell phone. 3) As the client moves closer to their parole date and demonstrates continued compliance, district management is authorized to utilize a phased supervision step- down approach for GPS. d. Treatment If a client is referred to treatment or programming, the PPO must verify enrollment within seven days and then complete one collateral contact every 30 days. e. LSI-R The client’s LSI-R must be completed within 45 days of the client’s release to probation or parole. f. Cost of Supervision The cost of supervision for clients in the Expanded CRC Furlough Program is automatically deducted from their resident trust account. 10. Limited Supervision Unit (LSU) Standards A PPO that is assigned to a limited supervision caseload must satisfy the following minimum standards for clients under limited supervision: a. Web-Based Reporting All clients assigned to the LSU are required to check in on IDOC Web-Based Reporting (WBR) every month. b. Additional LSU Standards: 1) LSU staff are required to complete NCIC checks every 6 months. 2) LSU staff are required to complete a check through the designated Idaho Supreme Court Data Repository every 6 months to confirm that financial obligations are being paid and no new crimes have been charged. 3) LSU staff are required to review cost of supervision balances and follow up with the client as needed. c. LSU Transfers and In-State Transfers All staff must use the same transfer chrono template and save it in the designated client management system for all LSU and in-state transfers. d. Failure on LSU If a client is removed or no longer meets the qualifications for the LSU, the client will be directed to report to their supervising district office for a face-to-face contact and case re- Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 9 of 13 Idaho Department of Correction assignment by district leadership. LSU officers will contact district leadership to flag that the client was removed from LSU. 11. Transfer to Limited Supervision Unit (LSU) At least one time a year, a PPO must review each assigned client’s case to determine if a transfer to LSU or an early discharge are appropriate. The assigned PPO must review the current Court Order, Parole Agreement, and Agreement of Supervision to ensure all conditions have been addressed with the client. The referring PPO must verify the client’s LSI-R score and document the information in the Transfer Chrono. LSU candidates must meet the following criteria to be transferred to the LSU: a. Have completed at least 365 days of active supervision, regardless of LSI-R score. b. The last 90 days of the 365 days of active supervision must have been served on low-risk supervision. c. Have their potential for re-offense and needs determined through a validated actuarial assessment. d. Have scores on the risk and needs assessment at or below the “low” potential to re- offend level. e. Must have an approved income or verified employment as follows: 1) Verified full-time employment of at least 32 hours per week, or 2) Be a full-time student, or 3) Have adequate lawful income from non-employment sources including retirement, spousal support, student financial aid, disability income, and/or SSI. 4) Employment must be verified within the three months prior to being referred to the LSU program and documented in the Transfer Chrono. f. Negative Substance Screening Within the 90 days prior to a transfer to LSU, the LSU candidate must have obtained a negative UA test. A section supervisor may waive substance testing if the client: 1) Has no documented history of drug/alcohol abuse; and 2) Has been supervised at low risk for more than one year. 3) If the section supervisor grants a waiver, it must be documented in a case update and include the factors considered and the justification for granting the waiver. g. Legal/Financial Obligations (LFOs) – Restitution/Fines/Fees 1) The LSU candidate must have paid all LFOs in full as directed or have a signed payment agreement in place and at least two payments demonstrating a consistent effort toward paying the LFOs in full. 2) The referring PPO must verify financial status through iCourt and document LFO information in the designated client management system under Supervision Contacts. Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 10 of 13 Idaho Department of Correction h. Court-Ordered Jail Time/Alternative or Community Service 1) The LSU candidate must have completed or established a record of progress toward successful completion of all Court-ordered obligations for local incarceration and community service. 2) The referring PPO must verify completion of the community service/jail time and document the information in the Transfer Chrono. i. Special Conditions Imposed by the Court or Commission Clients under supervision must have completed or be in substantial compliance with all special terms and conditions of probation and parole ordered by the Court or the Parole Commission. j. Life Sentence Considerations In order for an individual with a life sentence to be considered for LSU, they must have: 1) Served a minimum of three years; and 2) Be able to meet all other terms and conditions for LSU; and 3) Receive IDOC Director approval. k. LSU Transfers When processing LSU transfers, all staff must use the same standardized transfer chrono template and save it in the designated client management system. 12. Other Considerations a. Review of Conditions and Case Plan 1) Within 14 days of case assignment, the assigned PPO must review the Court Order and/or Parole Agreement and develop a case plan. If the Order/Agreement is not available, the PPO will make a note in the designated client management system, contact the IDOC Sentencing Records Unit to obtain the Order/Agreement, and review the document(s) immediately upon receipt. 2) It is important for a new client to understand that IDOC is sincerely interested in their long-term success. The assigned PPO should immediately focus on building rapport with the client and offering support. case plans must be written to address the risk and needs of the client. b. Residence and Employment Verification 1) Must be completed within the first 30 days of case assignment. 2) Following a change of residence or employment, home contacts or new employment verifications must be conducted within 30 days, except for those in the Expanded CRC Furlough program. See Section 9(b) of this SOP. 3) Employment verifications may occur by contacting the employer, inspecting an official Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 11 of 13 Idaho Department of Correction pay stub, or observing the client at their place of employment. Discretion should be used when meeting with the client at their place of employment. c. Initial Case Update 1) Review appropriate documents and have the client acknowledge and sign the documents. 2) Note outstanding conditions per the Court Order/Parole Agreement (community service, mandatory jail time, treatment obligations, etc.). 3) Identify and develop goals collaboratively with the client. 4) Document completion of the initial case update in the designated client management system. d. LSI-R 1) The LSI-R, if overdue, must be completed within 45 days of parole release or court- ordered probation. This timeframe provides the PPO with adequate time to develop a rapport with the client and accurately assess those assigned to their caseload. 2) When an LSI-R is due, a newly released parolee or assigned probationer will be supervised at the moderate supervision level until an LSI-R is conducted. 3) The LSI-R must be conducted face-to-face but may be accomplished virtually. 4) The LSI-R will be reviewed annually. If a client’s non-compliant behavior suggests the need for higher level supervision, the PPO must complete a new LSI-R assessment. e. Substance Testing (UA) 1) Testing should be utilized when necessary for cause, as determined by the PPO. The PPO will consider the behavior of the client as well as root causes as to why the client is under IDOC supervision. 2) UA Testing should inform the client’s case plan and confirm client compliance with the terms and conditions of supervision. 3) Testing may be random or scheduled based on client need, as determined by the PPO. 4) Testing in and of itself will not solve the addiction but is one tool to enhance motivation and increase success. f. In-state Transfers When processing in-state transfers, all staff must use the same standardized Transfer Chrono template and save it in the designated client management system. g. Agent’s Warrants All arrest and report of violation decisions will be staffed with a supervisor. The PPO and supervisor must consider: Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 12 of 13 Idaho Department of Correction 1) Public safety a) Whether there is an immediate threat to public safety. b) Whether the client can continue to be safely supervised using available interventions. 2) The pattern of current behavior 3) Past behavior 4) Known criminal history 5) The client’s compliance with the terms and conditions of supervision h. Waiting for New Charge Adjudication Before Filing an Agent’s Warrant If there is no immediate or on-going threat to public safety, and the prospect for long-term success is evident, and the client demonstrates a state of readiness to change, the PPO may continue to supervise the client in the community and take appropriate action pursuant to the Idaho Response Matrix. See SOP 701.04.02.020 Use of the Idaho Response Matrix. i. New Felony Charges or Violent Misdemeanor Charges For those under parole supervision, new felony criminal charges and violent misdemeanor charges require the filing of a parole violation. j. Arrest and Report of Violation (ROV) Guide When deciding whether to issue an Agent’s Warrant and/or file a ROV, refer to the Probation and Parole flow chart attached as an exhibit to this SOP as a guide to be used for those under probation supervision. Each decision must be based on public safety and long-term client success. k. Arrests When making an arrest, refer to SOP 710.04.02.001, Arrest Procedures. l. Discretionary Jail Time (DJT) DJT is authorized when ordered by the Court, in a treatment court setting, or after submitting a special progress report in lieu of a full violation report. Using discretionary jail time will be rare. H. REFERENCES a. Idaho Response Matrix b. Probation and Parole Flowchart Control Number: 701.04.02.001 Version: 10.0 Title: Supervision Strategies Page Number: 13 of 13 Idaho Department of Correction c. Transfer Chrono d. SOP 605.02.01.001, Furloughs e. SOP 701.04.02.006, Sex Offenders Supervision and Classification f. SOP 701.04.02.020, Use of the Idaho Response Matrix -End of Document-