Probation Department Policy/Procedure Manual

1.5 Legal Clerk Evidence Procedures

Location Clerical
Section N/A
Subject 1.5 Legal Clerk Evidence Procedures
Purpose Procedures for property and/or evidence seized by Probation Officers
Effective Date 4/5/2019
Previous Effective Date

 

BACKGROUND:

When a defendant is in custody it is their right to request to be released on their own recognizance (OR) or have their bail amount reduced so they can afford to post a bond and be release. Often, the defendant’s attorney will request the matter be “referred” to Probation for the preparation of an OR/Bail Reduction Report.

RECEIVING REFERRALS:

Twice per day, at 12:00 noon and 5:00 pm, the Probation LCs receive an emailed report of all new referrals made by Court to Probation. The assigned OR/Bail LC will review the emailed report for any new referrals for OR/Bail Reports. If an OR/Bail referral is received the LC will process the referral and determine to which DPO the report will be assigned.

PROCESSING – DEFENDANT HAS AN OPEN CASE IN MONITOR:

If the Defendant currently has an open case assigned to a Supervision Officer

  1. Import any NEW REFERRED cases (not already in Monitor) and create a new INV event for the OR/Bail referral. Open a new INV event even if the defendant does not have any new cases.
  1. If the file is Paperless, indicate as such in the Notes section in Interview-INT Setup
  2. In the INV event, link ALL new and/or currently supervised cases that have been referred.
  3. Complete the INV set-up including: Set-up Tab, Cases Tab, correct the charges descriptions, run a new CLETS, update Journal Notes with CLETS information, update the Narrative.
  4. Assign the new INV event to the DPO who currently supervises the defendant.
  5. Print a Green Slip. If a file exists, file all paper and clip Green Slip to outside of file. Place file on DPO’s chair.
  6. If the file is Paperless, route the CLETS and Green Slip to the DPO
  7. Email the DPO, their supervisor and LC with defendant’s name, type of report and court date.

PROCESSING – NEW DEFENDANT NOT IN MONITOR:

  1. Import any NEW REFERRED cases and create a new INV event for the OR/Bail referral.
  2. All new defendants will be set up as Paperless files. Indicate as such in the Notes section in Interview-INT Setup
  3. In the INV event, link ALL new cases that have been referred.
  4. Complete the INV set-up including: Set-up Tab, Cases Tab, correct the charges descriptions, run a new CLETS, update Journal Notes with CLETS information, update the Narrative.
  5. Assign the new INV to the next available officer on the established OR/Bail Rotation List, based on officer availability, court date, and date of officer’s last assigned bail referral.
  6. Print a Green Slip.
  7. Email the DPO, their supervisor and LC with defendant’s name, type of report and court date.
  8. Route the CLETS and Green Slip to the DPO.

NOTES ON OR/BAIL ASSIGNMENT LIST:

The OR/Bail Assignment List is a simple list of DPOs who the Department has designated to prepare OR/Bail Reports for Court. Adult Division supervision officers are included EXCEPT all officers in the Limited Supervision Unit and Investigations Unit. The list is an Excel spreadsheet located at F:Clerical/OR BAIL ASSIGNMENT LIST, and it is accessible to all LCs. Currently there are 29 officers on the list, and it is updated as needed by the OR/Bail LC. Referrals for reports are assigned to officers in list order whenever possible, based on officer availability in the office and court date, using the Probation Unit Schedule as a reference for availability. A sample of the OR/Bail