Community Corrections / JRAC holds quarterly meeting

Prosecutor champions mental health awareness

MARSHALL COUNTY — Marshall County Community Corrections held their quarterly board meeting on Thursday, april 27. That meeting also serves as a joint Justice Reinvestment advisory Council (JRAC) meeting. as of Jan. 1, 2023 all Community Supervision agencies that provide electronic monitoring are required to provide a quarterly report for both the local JRAC boards and the State. Marshall County Community Corrections uses Total Court Services for electronic monitoring; that program also assists with compiling the quarterly report based on data collected and reported.

The Report

According to the quarterly report, Community Corrections and entities monitors adult pretrial individuals and adult post-disposition individuals. Community Corrections and entities do not monitor pre-disposition juveniles, but does oversee post-disposition juveniles.

The total number of adult individuals active on electronic monitoring at the end of the first quarter was 99; with a total of four community supervision officers responsible for tracking these individuals. Of those four individuals, three are field officers.

One juvenile was being electronically monitored post-disposition at the end of the first quarter; with a total of one community supervision officer responsible for that tracking.

The fees collected during the first quarter for adult Supervision electronic monitoring totaled $144,212 and $95,472.61.

The fees collected during the first quarter for Juvenile Supervision electronic ministering totaled $0.

The number of tracked individuals whose electronic monitoring supervision conditions were terminated during the first quarter and the reasons for that termination were reported as follows: 28 individuals in adult supervision completed their terms of supervisions, one was terminated due to a new charge, 17 were terminated due to a technical violation.

One Juvenile completed their terms of supervision thus monitoring was terminated.

The Electronic Monitoring Report for the first quarter indicated that there were 193,013 false location alerts. Community Corrections Director Ward Byers explained to the board that the number of false location alerts is high due to the technical limitations of GPS monitoring.

If Community Corrections chose to broaden the assigned area of the “home zone” and “drift points” that supervised individuals could go; those false location alerts would go down. The smaller the assigned area and home zone is set; the higher the false location alerts are reported.

When an alert is received it is reviewed by Community Corrections professionals for clearance or further investigation.

Chair of the Community Corrections and JRAC Board Judge Dean Colvin asked if four supervisors for 99 clients was consistent with the workload for Community Corrections professionals across Indiana. Byers responded that the case load is consistent; but too high. According to Byers, the ratio of client to supervisor was higher than other supervision entities such as Probation.

Crime of Escape

Judge Colvin brought up Senate Bill 470 which discusses basis for escape and the legislative discussions taking place. Previously, under the escape statute, an individual who intentionally flees from lawful detention commits escape which was a Level 5 Felony. There has also been a Crime of Unauthorized Absence from home detention which was a Misdemeanor. According to Byers, the Crime of Unauthorized Absence is being repealed and everything will be considered a Crime of Escape which will be a Level 6 Felony unless there is use of violence or a deadly weapon; in which case it will heighten to a Level 5 Felony. “So basically any time when someone is not somewhere they are supposed to be, leaves their house without permission, violates a schedule that has been set by their case manager, or removes / tampers with an ankle bracelet - it will be Escape as a Level 6. Like I said, it will be a 5 if it involves violence or a weapon or anything like that.”

Judge Colvin said that his understanding of the legislation is that the update requires a written request to alter from the agreed upon schedule. Byers confirmed. That request has to be in writing; whereas before they could just call on the phone. Messaging through the Court Fact app; which Community Corrections has used for years, does meet that requirement. Everyone in the Community Corrections office has access to the app; clients download it to their devices. Marshall County Community Corrections requires clients to utilize that app; which also dates and time stamps the time and day of that communication along with any responses. The app provides a written record of requests and responses, along with date and time. That information is used in the event of escape and is turned over to the Prosecutor’s Office. Byers is also officially updating the Rules and Terms as it applies to “escape” for clients with the requirement that communication be submitted and received through the app; which will include all necessary terminology to comply with the updated laws.

False Location Alerts Discussion

Prosecutor Nelson Chipman asked about the high number of False Location Alerts. Byers confirmed that the verification process for that amount of alerts as valid or invalid is time consuming. Every morning Community Corrections Field Officers go through non-emergent alerts such as those and confirms where the individual was supposed to be and has been. There are times when clients go off grid when they are at work due to the location of satellites and the composite of the building they are in.

Chipman said that the number could be used by a Defense Attorney on behalf of their clients. Byers said it is an industry issue and doesn’t matter which provider is used. Chipman stated, “It undermines the confidence in accuracy.”

The Drug Court has been added as an entity in addition to longstanding Probation and Prosecution - Felony Diversion. Community Corrections does any court sanctioned drug testing and GPS monitoring for Drug Court Clients.

Budget

Byers said that Community Corrections expects a slight increase in funding this year; he expects that the budgets for 2024 will be funded in the amounts requested; $362,802 for Community Corrections, $65,000 for the Drug Court, and $61,964 for Prosecutor Diversion Programs.

Byers did not increase the budget, but he did have to move some line items to cover the cost increase for the lease at the Community Resource Center; which was just recently taken over by new ownership. He has also had to utilize some of the Community Transition Fund in the amount of $6700 to meet the $32,000 that are currently paid for the lease. The new owners assured current lease holders that their leases would remain in tact.

Byers has had discussions with members of the County Council about the possibility of looking at other alternative and more cost effective housing options for the Community Corrections team.

Project Income rests at approximately $500,000. Byers said that any increases will be to cover anticipated pay raises and to mitigate the rising cost of health insurance and benefits. Those details will not be known until later this year.

Some additional money was also placed in the Community Transition Fund to cover the cost of the Electronic Monitoring lease payments and ease some burden from the General Fund. According to Byers, it is more cost effective to lease the equipment and pay a monthly fee than to purchase. The technology changes periodically and those upgrades are covered in the lease agreement.

Vulnerable Victims

Byers updated the board that

Community Corrections will be required to alert vulnerable victims when someone under supervision has violated their assigned area. A vulnerable victim is defined as a victim of domestic or sexual violence. If an individual placed on Community Corrections has a vulnerable victim, Community Corrections has an obligation to alert that victim of any loss of communication with the bracelet, if there is any tampering of the device. Law enforcement within jurisdiction of the victim must be notified within 15 minutes to do a welfare check on the victim while Community Corrections locates the client. Byers did report that there has been an increase of clients who have committed sexual crimes sentenced to Community Corrections; also those who have committed Domestic Violence. Updated technology can now alert the victim through the ankle bracelet; or send a message to the offender. Voice commands can be sent through the bracelets in eleven different languages. The ankle bracelets can now operate off of secure and unsecured Wi-fi connections.

Community Corrections

As of the date of the quarterly meeting, Community Corrections was supervising 93 individuals. Byers reported that the Moral Reconation Therapy (MRT) and the Smart Recover Programs are both very well attended by clients from Drug Court, Community Corrections, and Probation.

Byers also updated the board that additional language limiting contact between employees and clients has been fortified with a Code of Ethics that employees are now required to sign.

Community Corrections has also established a plan for continuous operation in the event of disaster.

Both items have been updated in the Operations Manual.

Judge Colvin asked Byers how much information regarding the current litigation is being transmitted. Byers confirmed that he forwards all communication from attorneys directly to Judge Colvin and no one else. He does not forward the emails to the entire Board of Directors.

Prosecutor Felony Diversion

The current Prosecutor Felony Diversion statistics revealed that there have been 17 total defendants supervised during the first quarter of 2023 with 11 defendants currently on the program with various release dates, and three defendants were added so far this year.

Three of the 17 defendants on the program were re-docketed for obtaining new charges or for no contact. There were no new defendants scheduled to start the program within the next two weeks from the date of the meeting. One defendant is scheduled to be released within the month. No defendants were waiting for plea agreements to be signed, and no defendants had felony diversion offers pending. 100% of the diversion defendants are in the Courtfact app for regular check-ins.

Marshall County Drug Court

Six clients are currently assigned to the Drug Court. Byers said that referrals have been slow; individuals don’t qualify or get additional charges which can prohibit a client from being referred.

Marshall County Sheriff’s Department

Marshall County Sheriff Matthew Hassel updated the board that the department is seeing an uptick in the number of arrests now that the weather is warming up. He reported a solid turnover; where bookings and releases are remaining consistent keeping the population low.

Probation

Director of Probation James Bendy informed the board that he submitted the Pre-trial Grant application in the amount of $141,000. That funding covers Probation Officers and a Pretrial Intake Person. The awards have been decreasing in amount annually. Bendy will use funding from another grant to cover this year’s shortfall. Bendy works with Marshall County Auditor Angie Birchmeier to ensure collection and compliance. If he doesn’t get the grant this year; he will be requesting that the Marshall County Council fund the positions.

Mental Health

Prosecutor Chipman highlighted the importance of mental health. The Prosecutor’s Office; along with other legal entities, attend conferences every year. Chipman said he was encouraged to hear State leaders discussing the topic of mental health more; including discussions on putting more funding toward mental health. Chipman stated that the local criminal justice system handles mental health issues and encouraged the pursuit of funding to assist with addressing the issues. He also suggested that one of the new judges might consider establishing a problem solving court that focuses on mental health. “It needs to be addressed.”