Dane County ALTERNATIVES TO INCARCERATION PROGRAM § Bail

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Dane County ALTERNATIVES TO INCARCERATION PROGRAM § Bail Powered By Docstoc
					                                            Dane County

           ALTERNATIVES TO INCARCERATION PROGRAM

    Bail Monitoring Program
    Domestic Violence Bail Monitoring Program
    Electronic Monitoring Program
    ATIP - Treatment Alternative Sentences
    Drug Treatment Court Program
This guide is designed to answer questions you may have regarding ATIP programs. For
additional information please call (608) 267-1513 or stop by our office at the City-County
Building, Room GR-4, 210 Martin Luther King, Jr. Blvd., Madison, WI 53703-5106.

Dane County Bail Monitoring Program (BMP)
On this program, persons have been legally charged with crimes and are pending trial. They are not convicted.
Persons with all levels and seriousness of charges can be on Bail Monitoring to include misdemeanor and
felony cases. The judge has given them the option to agree to Bail Monitoring supervision in lieu of cash bail or
for a reduced cash bail.

BMP clients must be assessed by ATIP. Their character and connections to the community are verified and then
they must be accepted by ATIP staff, before they are released from jail. They are under court ordered bail
conditions to comply with rules. Failure to comply with BMP rules and bail conditions can result in their
termination from the BMP and their reinstatement of cash bail and their return to the Dane County Jail. BMP
can also impose additional rules as a condition of their release.

BMP Eligibility
   Defendant must have been in Dane County Jail for 72 hours.
   Defendant cannot have a probation/parole hold, detainer from another jurisdiction, or a
     commitment/sentence to serve. If they do, they cannot be released from jail.
   Defendant must have the ability to secure a suitable and verifiable residence.
   Defendant must voluntarily agree to participate with the rules/requirements of BMP and to comply with
     all other court orders and conditions of bail.

Minimum Bail Monitoring Supervision Requirements
    One face-to-face contact per week.
    Two phone contacts per week.
    Verifiable and suitable residence.
    No alcohol and/or drug use. Defendant will be subject to random urinalysis to screen for controlled
     substances.
    Defendant will be informed about upcoming court appearance.
    Verification of employment, if any.
Other Possible Bail Monitoring Supervision Requirements
    No contact with victim(s).
    Referral for counseling, alcohol/drug assessment and/or treatment.
    No unsupervised contact with minors.
    Order to seek employment, job training or continue with school.
    Geographical restrictions.
    Random phone contacts at staff discretion.
    Electronic monitoring - for all or part of the release.
    Curfews
    Other requirements by Order of the Court or BMP staff.

Miscellaneous Bail Monitoring Functions
    Monitoring defendants pending misdemeanor appeal.
    Monitoring a witness when there are concerns they will not appear for court hearings.
    Supervise defendants with a cognitive or mental health disability to ensure that he/she takes their
       medication and makes all court appearances.
    Verify statements made by defendant in court that may affect bail.
    Verify work, housing and/or length of residency or any other factor regarding defendant's bail.

Dane County Domestic Violence Bail Monitoring Program (DVBMP)
This program is almost identical to the BMP Program. The eligibility and supervision criteria are the same in
almost every way. The only difference is that the DVBMP program evaluates and supervises individuals
charged with Domestic Battery or Domestic Disorderly Conduct.


Dane County Electronic Monitoring Program (EMP)
The Electronic Monitoring Program (EMP) is the Dane County Circuit Court's home monitoring bracelet
program. These clients have been convicted of different criminal charges, which can be traffic misdemeanors,
and felonies. These defendants are sentenced to EMP in lieu of doing jail time. Some cases the defendants are
eligible for all of their time on EMP and in other circumstances they are required to do some time in jail. The
defendant's monitoring can vary from days to one year depending on their sentence. On EMP, the defendants
are restricted to their home unless approved by the EMP supervisor. Approved appointments include work,
medical appointments, legal appointments, etc. Accountability and compliance with EMP rules are the primary
goals of this program. The equipment relays information whenever the defendant leaves their residence whether
approved or not. The system uses the telephone to transmit this information. Therefore, the line must be free of
all features. A defendant may be sentenced to EMP “when eligible.” In this case, the defendant would be
eligible when they have met the basic eligibility criteria. Referrals are initiated by minute sheets provided by the
Clerk of Courts or by the defense attorney. If a minute sheet is not received, we have no way of knowing that
the referral exists.

Basic EMP Eligibility Criteria
    Defendant must have a satisfactory behavior record in the jail.
    Defendant must have a verifiable and suitable residence with a telephone.
    Defendant must have verifiable employment, school or childcare duties. An exception to this would be a
       verifiable disability.
    Defendant must contribute to the cost of the program. The standard fee is $10.00 per day. (There is a
       sliding scale fee for individuals who receive SSI, SS or W2). The first month must be paid in advance.

EMP Rules & Requirements
   One face-to-face contact in the ATIP office per week.
      Maintain phone line with no telephone service options unless approved by ATIP.
      Maintain all curfews and schedules established by the ATIP staff. This includes the defendant keeping
       the ATIP office informed of his/her whereabouts at all times.
      The defendant shall avoid all conduct that violates federal and state statutes, municipal or county
       ordinances or which is not in the best interest of public welfare.
      The defendant shall not use or possess any controlled substance or alcohol.
      The defendant shall not enter the premise of a bar or tavern.
      The defendant shall continue to make agreed payments to contribute to the cost of the program. The
       defendant will be required to make bi-weekly payments.

IF THE DEFENDANT VIOLATES ANY OF THE ABOVE IT MAY RESULT IN THEIR RETURN TO
THE DANE COUNTY JAIL TO SERVE THE REMAINDER OF THEIR SENTENCE.
PREPAYMENTS ARE NOT REFUNDABLE.

ATIP - Treatment Alternative Sentences
ATIP supervision is a creative sentencing option that is available to the court system. This may include
supervising someone with an AODA or mental health treatment need. We ensure that they complete a treatment
regime in lieu of a jail sentence. This can be for a portion of the sentence or in some cases the entire sentence
can be stayed. Random urinalysis will be done to ensure abstinence. Regular office visits are also required
during the term of supervision.

It is recommended that a specific duration and intensity of supervision and treatment be ordered to ensure that
the defendant meets the requirements intended by the court. If in lieu of Treatment Alternative Program (TAP)
alternative, we recommend the defendant be supervised for a minimum of six months.


Drug Treatment Court Program
The Drug Treatment Court Program is a voluntary, deferred prosecution program involving intervention,
treatment and rehabilitation of non-violent drug offenders who desire to break the cycle of drug dependency.
Referrals are made by the District Attorney's Office, who recommends the length of the program. Participants
must be 18 years old, a resident of Dane County and have no prior history of violence.
     Participation in the program is from 9 to 12 months.
     Participants must remain clean and sober from alcohol and controlled substances to successfully
       complete the program.
     Participants will receive an assessment to determine the appropriate drug treatment program.
     Participants must comply with all of the components of the drug treatment program.
     Participants are required to attend court review hearings on a regular basis through out the duration of
       the program.

Benefits of the Program
    Successful completion of the program will result in a favorable disposition of the criminal case and
       graduation from the program.
    Participants will be clean, sober and have improved health.

				
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