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Unit 10 Releasing UNIT 10 LESSON PLAN RELEASING Instructional time: 2.25 hours Unit 10.1 Verifying Identity Prior To Release UNIT PRESENTATION AND OUTLINE NOTES 10.1.1 .5 hour 1 test item Performance Objective: State the possible consequences of releasing the wrong person. For example:  Danger to the community.  Danger to staff.  Legal liability. 1. Causes a danger to the community, may have released a career criminal or violent offender instead of person incarcerated for a misdemeanor. You assume liability for that persons action once your release him/her accidentally. What if they commit more crimes or hurt someone? 2. May cause a danger to staff members, the inmate may hold a personal vendetta against certain staff members or witnesses. 3. Legal liability. A. Civil liability. B. Disciplinary action within your agency. 1 UNIT PRESENTATION AND OUTLINE NOTES 10.1.2 2 test items Performance Objective: Identify the procedure for verifying the identity of an inmate prior to release. For example:  Matching photo with person’s appearance.  Requesting identifying information from the inmate.  Match physical description with appearance.  Match fingerprints.  Match newly obtained signature with original Signature.  Run fingerprints. 1. It is important to positively identify the inmate you will be releasing. This can be accomplished in several ways. Agency policy may be different. A. Match a photograph taken at time of booking with person. Make sure you look for subtle changes that may have occurred while in custody. B. Request personal data about inmate. You can obtain it from the release paper work. C. Match physical description. D. Match fingerprints. E. Match signatures: old with new. F. Run new set of fingerprints. 2 Unit 10.2 Returning Property prior To release. UNIT PRESENTATION AND OUTLINE NOTES 10.2.1 .5 hour 2 test items Performance Objective: State the reasons for ensuring that an inmate understands the implications of signing off that he or she received the correct property. (e.g., potential liability) 1. Discuss why an inmate must know the implications for signing off for property returned at the time of release. A. Main reason is liability. When signing off he/she is agreeing that all property has been returned and is in the same condition as when it was taken away. B. Budget constraints. Agencies cannot afford to pay for lost property claims 3 from their general fund. C. Criminal charges-Inmate is liable for additional criminal charges (theft, if he takes another’s property). UNIT PRESENTATION AND OUTLINE NOTES 10.2.2 1 test item Performance Objective: Identify the procedure for returning and transferring inmates’ property. For example:  Inventory items as they are returned.  Ensure that inmate understands the implications of signing off.  Obtain signature from inmate and releasing officer. 1. Each agency has it’s own procedure for returning inmate property. Many procedures are based on the physical plant of the facility and the staff designated to perform the release function. Discuss general methods that are practical and workable in any facility. A. Inventory each item as you return it to the inmate. Compare from property receipt. B. Ensure that the inmate understands what he is signing and the implications of 4 signing off. C. Obtain signature from the inmate and releasing officer. D. Be familiar with your agencies policy and procedure so you can answer questions as they arise from the inmate being released. E. Count money back to inmate; don’t just shake it out of the envelope. Unit 10.3 Reviewing Bail Bonds. UNIT PRESENTATION AND OUTLINE NOTES 10.3.1 1 test item Performance Objective: Identify the purpose of different types of bail. 1. Discuss bail. A. What is its purpose? Designed to guarantee the appearance of a criminal defendant in court at the time the judge directs. B. Bail and bondsmen are covered by statute in the Penal Code and California PC 1279, Insurance Code. CAC 12.801.288 C. How are bail amounts established. D. Cash Bail – Total amount of bail paid (in court/jail) in order to secure the inmates return to court. If defendant shows up the money is returned, if not, the cash bond is forfeited to the court. 5 E. Surety bond (bail bond) – Alternative to cash bail. Contractual undertaking guaranteed by an insurance company who have adequate assets to satisfy? the face value of the bond. For this service the defendant is charged a premium because the bond is usually obtained through a bail bond agent. F. Property bond – The court records a lien on property to secure the bail amount. If the defendant fails to appear the court can institute a foreclosure. 2. How can bail be paid? A. Cashier’s check. B. Money gram. C. Personal checks. D. Credit cards. E. Cash. UNIT PRESENTATION AND OUTLINE NOTES 10.3.2 1 test item Performance Objective: Given a sample case description, determine if the inmate is eligible for bail bond. 1. Review certain situations with class to determine if the inmate can be bailed from custody. A. No bail warrant. B. Open charge arrests – found in bail schedule. C. Open charge arrests – not found in bail schedule. D. Parole hold. E. Immigration holds. F. Misdemeanor charge. 6 G. United States Marshall’s hold. UNIT PRESENTATION AND OUTLINE NOTES 10.3.3 1 test item Performance Objective: Given a sample violation and a court calendar generate time frames for court dates. 1. Review how court dates are established for a person released via bail bond. A. In accordance with local jurisdiction. B. Out of county – Contact agency-holding warrant. C. Use business day. Exclude weekends, holidays, or court holidays. UNIT PRESENTATION AND OUTLINE NOTES 10.3.4 2 test items Performance Objective: Identify points to check on a bail bond. For example:  Signed by notary agent.  Amount equal to or greater than bail set.  Correct court date.  No holds on insurance company.  Offense/charge indicated on bond.  Name booked under match’s name on bond.  Warrant and case number or booking number. 1. Once accepted by the jail facility the bail bond becomes a legal document. It is Imperative that it contains all of the pertinent information required by the court. 2. It is the bondsmen’s responsibility to correctly complete the bail bond, but you must also ensure that it contains the appropriate information. Areas to check are: A. Signed by notary/agent. B. Amount equal to or greater than bail set. 7 C. Correct court date and jurisdiction. D. No hold on insurance company – letters are usually sent to your facility notifying you if there has been a hold placed or not. E. Offense or charge listed. F. Name booked under match’s name on bond. G. Warrant and case number or booking number. Unit 10.4 Processing Release On Own Recognizance. .25 hour UNIT PRESENTATION AND OUTLINE NOTES 10.4.1 2 test items Performance Objective: Explain the importance of carefully processing a “Release On Own recognizance”. For example:  Without original signature court will not issue warrant.  If information is unclear, release may miss court date.  Corrections officer may be legally liable for improper release. 1. Discuss “Own Recognizance” releases and what O. R. means. A. Who authorizes this type of release? B. What type of information is necessary for the release to be granted? C. Factors to be aware of when processing the O. R. release: 8 Unit 10.5 In Custody Releases. .5 hour UNIT PRESENTATION AND OUTLINE NOTES 10.5.1 1 test item Performance Objective: Identify differences between the various types of releases (e.g., removal order, commitment). 1. Review various types of releases from custody. A. Review of penal code requirements. B. Releases to other jurisdictions after conviction – PC 1381 C. Temporary releases. 2. Discuss the various forms and documents that verify or authorize the release. A. Commitment. B. Court order – release order. C. Minute order. D. Past Time To File. E. Parole or probation release. F. Extradition papers. 9 3. Review the forms that must be present for release. A. Legal release document. B. Complete inmate file. 4. Officer must ensure that all other charges have been satisfied to release from total custody. A. Review what they should do if inmate has pending charges from another county. B. Review what they should do if inmate has a hold. 5. What should an officer do when an inmate advises that he/she should be released from custody. A. Verify jail records. B. If possible, check with court or agency that has placed hold. C. Legal liability. D. Standard fee for illegal detention. E. Civil case. 10 UNIT PRESENTATION AND OUTLINE NOTES 10.5.2 1 test item Performance Objective: Identify procedures for transferring inmate’s property. 1. Discuss the instances when an inmate’s property may be transferred. A. Out of county warrants. B. Commitment to State or Federal prison. C. Extradition. D. Court order. E. 90 day diagnostics. F. Miscellaneous orders/instruction. 2. Discuss security practices regarding personal property taken from inmate removed from a housing unit who may be transferred to another facility. A. Search thoroughly. B. Know where they are going and allow only those items. C. Watch for secreted contraband that may assist in an escape attempt. D. Insure no jail property is removed. 3. Verification of property and money to transporting officers. A. Inventory and account for all items listed on jail records. B. Give to transport officer and have them verify and sign. C. Follow proper procedures for lost property. D. CDC rules and regulations regarding inmate property. E. Perishable or food items. 4. Discuss what the officers should do if they determine property is missing at the time of release or transport. 11 UNIT PRESENTATION AND OUTLINE NOTES 10.5.3 1 test item Performance Objective: Identify procedures for transferring medical information. 1. Discuss procedures for transferring medical information. A. Title 15, section 1205\[c\] - Written authorization by the inmate is necessary for transfer of medical/mental health record information unless otherwise provided by law or administrative regulations having the force and effect of law. . B. Title 15, section 1206(n) – The summary information shall identify the sending facility and be in a consistent format that includes: C. Necessary inmate medication and health care information shall be provided to the transporting staff along with precautions necessary to protect staff and inmate passengers from disease transmission during transport. 1. These requirements apply to all Type I, II, III, and IV facilities where the “intake/release” functions occur. 2. The transfer of information should also indicate if there has been an exposure to a communicable disease that requires follow-up observation and treatment. 3. Follow your agencies policy and procedure. Unit 10.6 Time Served Releases. .25 hour UNIT PRESENTATION AND OUTLINE NOTES 10.6.1 2 test items Performance Objective: Identify different types of credits used in computing time 12 Served. For example:  Program time.  Good time.  Work time.  Credit for time served. 1. By law inmates are to receive certain credits when computing their release as “time served”. Time credits are authorized by law. These credits may include: A. Program time. B. Good time/work time. C. Credit for time served. D. School time. E. Early release time. 2. Define Concurrent Time and how it differs from Consecutive Time. A. Concurrent time – Two or more sentences to be served at the same time. B. Consecutive time – A sentence to be served upon the completion of another sentence. One right after the other. 13