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Levels of Supervision

MERRIMACK COUNTY PRETRIAL SERVICES

Levels of Supervision

The Merrimack County Pretrial Services Program will interview all pretrial defendants detained in the County Department of Corrections, or elsewhere when extenuating circumstances may dictate. The interview is for the purpose of collecting data for verification to determine eligibility for release. There are however, defendants whose weak community ties, prior criminal history, or prior misconduct make them poor candidates for personal recognizance bail. These defendants may require some degree of supervision to lessen the risk of failure to appear in court or pretrial arrest.

Levels of supervision differ in the restrictions placed on the defendant and the degree which compliance to release conditions are monitored.

The levels of Supervision are as follows:

1.Conditional Release with Minimum Supervision: Defendants agree to comply with all court ordered conditions. Supervision should include daily contact by the defendant to monitor and insure knowledge of upcoming court dates.

2.Pretrial Monitoring: Defendant’s compliance with conditions is monitored and non-compliances reported to the court. Supervision should include curfews, with nightly telephone call check-ins and weekly office visits. The conditions of contact will be determined by Pretrial Services.

3.Supervised Pretrial Release: Conditions addressing a perceived risk to pretrial failure (such as drug treatment or monitoring for drug using defendants) are applied with regular contact requirements to include random urinalysis. Compliance is strictly monitored.

4.Electronic Monitoring: Electronic Home confinement is reserved for those defendants who are considered a “High Risk” for flight or compliance with other conditions. Alcohol consumption may also be monitored by this service if Sobrietor equipment is ordered by court.

MANDATORY COMPONENTS FOR ALL LEVELS OF SUPERVISION

  1. Maintain daily telephone contact with MCPTS in person or by telephone.
  1. Refrain from any use of alcohol or illegal drugs.
  1. Subject to a curfew to be determined by MCPTS.
  1. Submit to random urinalysis at the discretion of MCPTS.
  1. Execute consent forms for release of information and substance abuse records from the defendant’s MCPTS file.
  1. Attend all appointments, classes and meetings as directed by MCPTS.
  1. Submit to random 24-hour a day home visitation authority by MCPTS and/or search of their person or property.
    a.Consideration need be given when assigning defendants to MCPTS that reside outside Merrimack County that effective home visitation is difficult, if not impractical. Possible more office visits per week would be a suitable substitute.
  1. Must follow all recommendations resulting from LADC screening or Batterers Intervention/Anger Management screening.

Pretrial Services Programs

GENERAL PROGRAM INFORMATION

Merrimack County Pretrial Services is in the 15th year of Operation

National Pretrial Services was established in July 1978.

          In 1998 the Merrimack County Attorney’s Office began to research how the program might benefit the County with regard to budgetary savings as well as assisting the County Jail with overpopulation of low risk offenders.

On July 09, 2000, MERRIMACK COUNTY PRETRIAL SERVICES was established with the first client enrolling for supervision.

Since that day (as of 12/31/14) 4,578 individuals charged with varying levels of crimes have participated in the Merrimack County pretrial release program.

1. An average of 26% of all jail interviews enrolled in MCPTS in 2014.

SAVINGS:

The County reports the “Full or Actual Cost” to incarcerate a single inmate for a year to be approximately $55,115.00 or $151.00 per day.

         In 2014, MCPTS recorded 39,505 client supervision days totaling $5,965,255.00 savings to the county.

         The 2014 Pretrial Services operating budget was approximately: $400,000.00

BENEFITS:

        1. Providing better assurance for public safety.

         2. Providing varying levels of supervision to defendant more than just release on own recognizance.

       3. Providing defendant background information to assist court, prosecution and defense in making more informed decision relative to bail.

       4. Monitoring defendant’s court dates to insure appearance.

         5. Supervising defendants out of jail continues to keep them working, responsible, while providing care of their own families.

       6. Life Skills, Substance Abuse & Education Programs are provided which lay ground work for re-habilitation.

         7. Electronic Monitoring with or without GPS tracking is available.

       8. Alcohol testing equipment is available for defendants less likely to re-offend or be re-arrested while under supervision.

       9. Defendants are inclined to get reduced or suspended jail sentences if compliant with pretrial supervision, thus helping with jail population.

RECIDIVISIM

Clients RE-ARRESTED while on Program: 3-5%

Clients bail REVOKED due to violations while on program: 5 %

Clients RE-OFFEND and return to MCPTS after program release: 10%

STATISTICS as of 12/31/14

Total: 5,273 Clients were court ordered to be supervised by MCPTS:

Year Clients Year Clients
2000 22 2008 471
2001 222 2009 449
2002 240 2010 409
2003 297 2011 376
2004 358 2012 396
2005 376 2013 372
2006 432 2014 367
2007 486    

Records of all jail interviews are kept and the average number of clients supervised monthly is approximately 110.

For the Year 2014

963  defendants were interviewed by MCPTS

407 defendants interviewed were court ordered to be supervised by MCPTS

80   average interviews per month

19    average interviews per week

PRETRIAL OFFICER RESPONSIBILITIES

  • Jail Interviews (24 hour holds)
  • Background Investigations
  • Notify Agencies & Courts via email or fax
  • Prepare to Receive New Clients
  • Client Case Management
  • Maintain Communication of Client Progress with Court – Prosecutors – and Defense Attorneys, Filing Non-Compliance Reports as Necessary
  • Court Appearances and Testimony at Arraignments and Revocation Hearings

Pretrial Services has an operating staff of 6 officers, the Director, three (3) Case Managers, one (1) Jail / Court Liaison officer and an officer assigned to field investigations.

Case managers and the Field Investigator are deputized sheriffs with arrest authority.

Master Licensed Alcohol & Drug Counselor Referrals

       Referrals Purpose is to make an assessment of the presence of substance abuse disorder.

The Court may order a defendant in a screening to determine the presence of a substance use disorder, and make appropriate recommendations and referrals for treatment. The client is court ordered to follow all LADC recommendations.

Although the screening involves assessing the presence of a substance use disorder, it is not to be confused with a full biopsychosocial Substance Evaluation.

Screening may consists of:

  • Clinical Interview
  • MAST / DAST: Michigan Alcoholism Screening Test
  • ASAM Patient Placement Criteria
  • Collateral information obtained through other sources

After the screening, referrals and/or recommendations are made by the LADC, clients are then monitored for compliance by Pretrial Services Staff.

ANGER MANAGEMENT BATTERERS INTERVENTION

Referrals

The court may order that a defendant be screened for Anger Management/Batterers Intervention and follow all recommendations thereof.

The counselor contact information is provided at the client’s initial intake interview, it is the responsibility of the client to call and make an appointment for an Anger Screening. Note: small fee is paid by the client.

The recommendations of the Clinician are strictly monitored for client compliance. Case Manager’s reports to the court, prosecution, and defense attorneys client progress.

Pretrial Process

The Pretrial Process

There are five steps to the Pretrial process:

             1Interview:

Merrimack County Pretrial Services interviews all pretrial detainees held in the county jail overnight on cash or no bail. These interviews are done five days a week.

The Pretrial Officers explain the purpose of the interview and informs the arrestee that the interview process is voluntary.

Information relevant to ties to the community, residence, telephone, employment, education, current charges, criminal and motor vehicle background is part of the interview process. Outstanding warrants, Probation or Parole supervision as well as prior Pretrial Services history are factors in deciding appropriate supervision.

            2.   Verification:

Upon completing the interviews at the county jail, the Pretrial Officers proceed to the office and begin to verify the information collected.

The Pretrial Officer will inquire and determine if the arrestee may have anyone in their immediate family or circle of friends who may be able to post bail for them.

3.   Court Appearance:

The Pretrial Officer makes an appearance in court for the arraignment.

The interview summary indicates what information has been verified and current criminal records may be attached. These forms are available to the court, prosecutor, and defense attorney.

If the arrestee is being arraigned in a court that the officer cannot get to in time for arraignments, the officer will fax the interview information to the court.

Pretrial does not make any formal recommendation to the court regarding a client’s eligibility of release. Pretrial can make recommendations of supervision.

           4.    Release:

The courts in criminal cases use the State of NH “Orders and Conditions of Bail” form NHJB-2369-D and in domestic violence cases form NHJB-2422-DS; they also refer to the Merrimack County Pretrial Services “Supplemental Bail Order” form for supervised conditions of release.

           5.   Supervision:

Pretrial Services supervises the conditions of release by implementing individualized supervision plans which may include, and not limited to:

      1. Substance Abuse Assessment
      2. Batterers Intervention Assessment
      3. Anger Management Assessment
      4. Random Urinalysis
      5. Curfew
      6. Electronic Monitoring
      7. Mental Health Referrals
      8. Random Home Visits
      9. Substance Abuse programming may include treatment or referral to a relapse prevention group, and/or substance abuse education.

Pretrial Services provides an opportunity for the defendant to be assessed for eligibility alternative sentencing programs or a referral to Diversion.

A. Non-Compliance

All violations of bail conditions are reported in writing with a brief synopsis of the non-compliance to the court, prosecutor, and defense attorney. It is the discretion of the prosecutor to act on non-compliance reports.

B. Compliance

If a client complies with the conditions of his/her bail release, they or their attorney may request a Summary Letter of Compliance from PTS to the court.

Electronic Monitoring

ELECTRONIC MONITORING For MCPTS with or w/o GPS
(All Electronic Monitoring is fee based established by the vendor)

THREE LEVELS OF MONITORING

1. Level I - Radio Frequency Monitoring
   A. ONLY allows monitoring of when client leaves residence and when client returns to residence. (NO GPS or Tracking Device is utilized)
      REQUIREMENTS:
      I. Must have: ELECTRICITY + PERMANENT RESIDENCE and most suitable, a: Dedicated PHONE LINE. (Equipment must be “electrically charged” daily)
         a. Monitoring without land line phone is “POSSIBLE” with GOOD cellular service reception. If not – MUST have land line.

    WITHOUT land line phone they will have Sentinel “Cellular Box” at residence

2. Level II Active Monitoring (GPS)
   ***WHEN USING GPS, THIS IS THE ONE MOST OFTEN USED***

   A. Allows monitoring outside of home base, tracking client’s whereabouts as he travels via computer mapping.    
      REQUIREMENTS:
      I. Must have: ELECTRICITY + PERMANENT RESIDENCE. No phone is required for this monitoring service. (Equipment must be “electrically charged” daily)
      
3. Level III Active Monitoring with “Special Zones”
   A. Allows monitoring outside of home base by tracking client’s whereabouts as he travels via computer mapping.
   B. Allows tracking agency to program “Inclusionary” or “Exclusionary” zones whereby the agency is notified if the client goes within a designated, prohibited area.
      (HIGHEST LEVEL OF MONITORING)

   REQUIREMENTS:
      I. Must have: ELECTRICITY + PERMANENT RESIDENCE. No phone is required for this monitoring service. (Equipment must be “electrically charged” daily)

 


BREATHALYZER (Alcohol) TESTING EQUIPMENT
ANY BREATHALYZER HOOK UPS MUST HAVE A TELEPHONE LINE AND ELECTRICITY

1. Breath testing at residence with only time scheduled testing (No awareness of entry/exit – No EM)

2. Breath testing at residence with only RADIO FREQUENCY Electronic Monitoring (No GPS)

3. Breath testing at residence with GPS cellular Electronic Monitoring

Client's are required to have PERMANENT RESIDENCE in Merrimack County, NO RELEASE from incarceration until verification that monitoring may be correctly installed, ability to pay, etc.
   

Contacts

Merrimack County Pretrial Services

1 Granite Place Suite N100 , Concord, NH 03301
(603) 226-1921 FAX (603) 228-2143

James Mull, Director
phone extension 111

Tom Cray, Case Manager
phone extension 101

Lisa Robinson, Case Manager
phone extension 102

Kevin Ganley, Case Manager
phone extension 114

Ziva Summers, Court Liaison
phone extension 115

 

 

Please note: To avoid spam harvesting, we are forced to limit exposure of actual email addresses on this page.
If you wish to email one of the staff members, please use the following format: FirstInitialLastName@mcpts.net

Example: John Doe would be JDoe@mcpts.net

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