HOME DETENTION PARTICIPANT MANUAL

101 N Orange Street Courthouse, Second Floor Albion, IN 46701 260-636-3327

Email: homedetention@nobleco.us

Introduction: 

The Noble County Home Detention Program is a component of the Noble County Community Corrections Program, authorized by the State of Indiana. This manual provides participants information regarding Noble County Community Corrections Home Detention program. Participants must comply with all the information in this manual as well as the additional rules in the Combined Terms of Supervision as ordered by the Court.

Per IC 35-38-2.6-3, the Director of community corrections program has the ability to impose reasonable terms on those sentenced to community corrections, change the terms of those sentenced to community corrections, reassign a participant assigned to a specific community corrections program to a different community corrections program, or request that the Court revoke the placement and commit the person to the county jail or the Department of Correction.

If participants are found to have violated the rules of home detention, as a sanction, they could be moved to a more restrictive program without a hearing before the Court.

The purpose of the Home Detention program is to allow participants to remain in the community while serving their executed sentence. This allows participants to maintain employment, meet their family and financial requirements, repay victims, and pay off existing court costs and fees.

The initial fee for the program is $50.00 for Noble County cases and $75.00 for transfer in cases. The supervision fee is $14.00-$16.00 per day, depending on services provided.

Participants must read and follow all rules and guidelines in this handbook and Combined Supervision terms.

NOTHING IN ANY SECTION OF THIS MANUAL SHALL PROHIBIT THE JUDGES AND/OR THE DIRECTOR OF

COMMUNITY CORRECTIONS FROM CREATING AND ENFORCING TEMPORARY RULES WHENEVER DEEMED

NECESSARY OR AS POSTED. Participants must obey all posted changes to this handbook.

Case Plan: 

Participants in Community Corrections with over 45 actual days of supervision will complete a case plan with their officer. Low Risk offenders will not have a case plan completed. The treatment, classes and services listed on the case plan become part of participant's requirements for supervision in Community Corrections. All participants are encouraged to attend needed services such as counseling, substance abuse treatment, educational classes, etc.

Extradition: 

If participants must be extradited back to Indiana, at any time, participants agree to pay as restitution, the reimbursement for those extradition costs to the Noble County Sheriff's Department.

Employment: 

The supervising officers must approve all employment. Every effort will be made to continue existing employment; however, final approval rests with the Community Corrections Director. If the participant enters the program unemployed, they will be given three weeks to secure full time employment. All employment must be verifiable and approved. No work inside occupied residences is allowed. All work assignments must last at least two days in one location. Multiple work locations in one day will NOT be approved. No employment that requires driving to multiple locations will be approved. Employers must be aware of and agree to the fact that participant is on Home Detention and may have employment restrictions.

Program Rules: 

Participants who are required to be on GPS monitoring, must abide by the following rules until they have been released from GPS monitoring.

Participants will notify the Community Corrections staff immediately if they are arrested or have any contact with law enforcement. If arrested on new charges, participants will report to Community Corrections immediately upon their release from jail.

Participants may be charged with Felony Theft (IC 35-43-4-2) and ordered to pay the replacement cost of the equipment, if they fail to return all of the home detention equipment upon the completion of their sentence.

All calls made to Community Corrections during the term of GPS Monitoring must be called in to 260-636- 3327. Calls before 8:00 a.m. or after 4:00 p.m., on weekends or holidays will not be answered and the participant must leave a voicemail regarding the reason for the call.

During the ordered period of home detention, participants will remain restricted to the interior living area of their residence unless they have an approved schedule to leave the residence. Locations that are NOT considered interior living areas may include but are not limited to: porches, decks, entry steps, out buildings, and detached garages. All shopping, laundry, yard maintenance, etc. will be required to be performed by another individual during the period of home detention, unless permission is granted for the person on home detention to do these chores by community corrections staff.

Participants will submit a weekly schedule to the Community Corrections office via the county website at www.in.gov/counties/noble/ For schedules submitted on the county website follow the following directions: Once logged on the website, go to the "Menu" tab and then select "Offices". Go to the "Probation/Community Corrections" link. The forms are located under the General Information section. The schedule is under Home Detention/Work Release and is called "Community Corrections Weekly Schedule." This final written schedule must be submitted by each Thursday at 12:00 p.m. No changes will be made to schedules after this time, unless through an approved change request. If a schedule is not received on time, participants will be subject to disciplinary action. Participants will not leave their residence before any scheduled leave time. All schedules must include a return time. If the exact return time is not known, give an expected return time. A 10-minute grace period will be given on return times only and a call must be made to the program prior to being late explaining any grace period violation.

Participants must abide by the schedule approved by the community corrections staff. Participants are not allowed to deviate from the approved schedule.

Schedule change requests must be made through the county website at www.in.gov/counties/noble/ Once logged on the website, go to the "Offices" tab and then select "Probation/Community Corrections." 

The form is located under the General Information section. The schedule change request is under Home Detention/Work Release and is called "Community Corrections Schedule Change Form." Changes will only be approved in an emergency, unless the request is to work overtime. Requests for working overtime must be submitted no later than 3 p.m. Monday through Friday, or if for a weekend or holiday overtime, by 3 p.m. on Friday or the day before the holiday. Schedule change requests must be approved by community corrections staff before you can deviate from your weekly schedule. You will receive an email approving or not approving your request. All schedules and schedule change requests MUST include the actual name and address of the location(s) you will visit while on your pass. You must follow the placed listed on you schedules and passes in the order they are listed.

Participants will not enter an exclusion zone at any time, for any reason.

Participants will be allowed to attend one religious service each week. Participants will only attend the actual religious service, and drive directly to and from the service from their residence.

Participants are not to leave their work or school area during any meal or break times. Parking lots are off limits unless going to or from work or school.

Participants will allow members of the probation/community corrections staff or law enforcement on community correction's behalf, to enter their residence at any time, without prior notice, and without a warrant or court order. Furthermore, participants will submit to a search of their person, property, vehicle, residence, or any location where their personal property may be found by such staff at any time.

Participants will not use abusive or threatening language with probation/community corrections staff.

Participants will securely chain or otherwise restrain any dog belonging to them or any member of their household.

Having been advised of the purposes of the Home Detention Program, participants agree to wear an electronic monitoring anklet during the period they are on the program. Participants further agree to release from liability, discharge and hold harmless Noble County, and their agents and employees for all claims for damages direct and indirect, medical expenses, pain and suffering, disability, loss of income and all causes of action which may arise from the use of the monitoring device. This release applies to participants as well as their heirs, legal representatives, and assigns. If an injury or incident occurs on their premises, participants agree to disclose home owner/renter liability insurance.

Fees: 

Participants must pay the installation fee and the daily supervision fee as instructed by the community corrections program. Participants are required to be current on all community corrections fees (including GPS and drug screening fees. If participants are not current on their fees, they will not be granted an incentive pass. If you pay online, you must submit the Allpaid receipt at the time of your payment. Past due fees are considered a violation and may be subject to the disciplinary process, if they are not paid in a timely manner, or a violation may be filed with the court. Participants understand that all program costs must be paid in full before they are officially released from the program.

Drug Testing: 

Participants will be tested randomly for alcohol or drug use in every community correction program. They will be placed on the Random Drug Screening line while on Work Release and Home Detention. The possession or use of alcohol or illegal drugs in any form is prohibited.

Participants are subject to a breath test, at any time during their sentence. Law Enforcement, Confinement, and Probation Officers may require participants to submit to a breath or a drug test while they are on a pass, during transportation and while they are at work.

Refusal to submit to any requested breathalyzer or drug test, including failure to cooperate with any testing procedure will result in disciplinary action up to and including termination from the community corrections

Participants will follow the drug screening term on the Combined Terms of Supervision. And in addition, if required to provide a random drug screen, participants MUST notify the home detention office BEFORE they leave home or work to report for their screen.

Equipment:

Participants agree to wear the required electronic monitoring equipment, 24 hours per day until the completion of the program. Participants understand that it is a violation of the program to remove or attempt to remove the equipment. Participants agree to charge the equipment at least one time per day to 100%. Participants understand that it is a violation of the program to allow their equipment battery to die. Participants will need to have access to a cell phone for the purpose of contacting the program and for staff to communicate with them when required. That cell phone must be kept charged and active for the individual to be available for contact. The wireless battery charger is not to leave your residence at any time. All charging will occur at your residence. Participants will follow all instructions regarding the electronic monitoring equipment. Participants will not decorate or draw on the equipment. The equipment is not to be removed except by community corrections staff (unless there is medical need Participants are responsible to pay for any damages to the equipment up to and including repair or replacement of the device:

Loc8 XT: Anklet Tracker: $2,099.00; Beacon/Charger: $300.00; Wall Charger: $95.00; Batter Charger: $95.00. 

 

 

Travel: 

Participants will be given a specific amount of travel time to go directly to and from approved activities and must travel the most direct route to and from their scheduled destinations. No stops are allowed unless approved by home detention staff. If the participant is the driver of the car, they will stop no more than twice a week for gas in their vehicle (Week= Monday through Sunday). Participants will pay for the gas and receive their receipt at the pump. No other purchase is to be made at the gas station at any time. Participants must provide a receipt of the gas purchase via email to community corrections on the SAME BUSINESS DAY to verify the purchase of gas. If the participant is not the driver, they will not stop at any gas stations.

Passes: 

Participants who are on Home Detention for more than 30 actual days in Noble County will participate in a level system to earn passes. This system is in place to promote compliance and provide incentive for doing well on the program. All participants start at a Level 0 and work their way up from that point during their time on GPS Monitoring. Participants must earn their way to the next level through compliance with the terms of the program and committing no violations of the program. The Community Correction staff are responsible for approving passes. The participants can earn up to one pass per week (Week= Monday through Sunday) and the Levels are as follows:

Level 0 - No special passes during the first 30 actual days of GPS Monitoring.

Level 1 - 2 hour approved pass to no more than 2 locations: after 30 actual days of GPS Monitoring.

Level 2 - 4 hour approved pass to no more than 4 locations: eligible after 60 actual days of GPS Monitoring.

Level 3 - 6 hour approved pass to no more than 6 locations: eligible after 90 actual days of GPS Monitoring

Home Detention participants cannot leave Noble County while on a pass unless they are a resident of another county. If they are a resident of another county, they may take their pass in their county of residence. If they leave the county without permission, this will be considered a violation of Community Corrections.

Passes must be approved and will be limited to certain community activities. These activities include family- based activities, school activities for their children, grocery shopping, work around the outside of their house, etc. They must all be approved prior to the pass with the community correction staff. The pass means that participants are allowed time out of their home while on GPS Monitoring; however, all terms of their supervision still apply. Passes may not be used at another person's home or personal property. Participants must specify an itinerary for their time on pass and have it approved by staff. Participants MUST follow the itinerary in order of locations, and the pass must include the actual name and address of the location(s) you are requesting to visit.

A pass must be used all at one time; for example, passes cannot be taken one hour on Monday and then an hour on Friday. Passes cannot be carried over. Participants must use it the week they are given the pass and cannot bank the hours.

Any participant who is scheduled for a DHB hearing will have all passes suspended until the DHB has been completed.

No passes will be granted if fees are not paid up to date, in full.

Support Groups, Treatment and Classes:

If on GPS Monitoring, participants may only attend meetings, classes or programming scheduled and approved through the Community Corrections staff.

Please be aware that according to IC 35-44.1-3-4, a person, who intentionally flees from lawful detention commits escape, a Level 5 felony. However, the offense is a Level 4 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person. A person who knowingly or intentionally remains outside of the person's home, or travels to an unauthorized location in violation of a home detention order without written or documented authorization by the supervising entity, or knowingly or intentionally removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device, commits escape, a Level 6 felony. Also, a person who knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period commits failure to return to lawful detention, a Level 6 felony. However, the offense is a Level 5 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.

DISCIPLINE:
While serving a sentence on GPS Monitoring, you are subject to the Disciplinary Hearing Board for any violations. The violations are listed below, by category:

Major Rule Violations:

Major Rule Violations will be handled through the formal disciplinary process, referral for prosecution, revocation of your program or all three. Listed below are major offenses, which include but are not limited to:
1. Assault
2. Extortion, blackmail, demanding or receiving money or anything of value in return for protection
against others to avoid injury to person or property, or under the threat of informing.
3. Intimidation
4. Escape, attempting to escape or planning an escape. Failing to return to lawful detention.
5. Arson or setting any fire.
6. Possession of weapons of any kind, including firearms, ammunition, explosives, knives, sharpened
instruments, lighting devices, or unauthorized tools.
7. Possession of illegal drugs or drug paraphernalia
8. Harassment of officers (threats, profanity, intimidation, etc)
9. Bribery of an official or staff member
10. Violation of any criminal statue
11. Threatening to inflict injury to any person or to damage their property
12. Fighting with another person
13. Tampering with GPS equipment
14. Possession, use of or manufacture of intoxicants
15. Attempting or planning to commit any major rule violation
16. Providing any specimen that is positive for illegal drugs or other unauthorized substance
17. Refusal to provide any drug screen specimen

18. Unexcused absence from work or scheduled assignment
19. Associating with any known drug user while serving a sentence on Community Corrections
20. Failure to make required payments on time
21. Improper conduct while on home detention
22. Entering any establishment whose primary purpose is to serve or sell alcohol, while on work release or
home detention.
23. Unaccountable time or being in an unauthorized location
24. Habitual rule violator.
25. Failing to notify home detention in a timely manner when working overtime.
26. Destroying, altering or damaging department property or the property of another person.
27. Abuse of authorized medication or medical services.
28. Possession of contraband, unauthorized items, items in excess of acceptable guidelines.
29. Mutilating or altering any items issued to you by home detention.
30. Refusing to obey a direct, lawful order by any staff member.
31. Malingering or faking illness.
32. Lying or providing false information to a staff member.
33. Indecent exposure.
34. Multiple minor violations.
35. Discourtesy to staff members
36. CTP violation.

Committing any Major Rule Violation may be grounds for removal from the Home Detention Program, as applicable.

 

Noble County Community Corrections Sanctions for Disciplinary Hearings

*The below sanctions are advisory guides and final sanctions will be decided by DHB/CAB staff at each hearing.

Possible sanctions: 

Community Service: 10-20 Hours

Loss of Passes: 45-75 days (could be permanent loss of passes for multiple major violations. 

Increased UDS/Alcohol Monitoring: 30-60 days

Daily report to supervising officer: 2 weeks-60 days

No passes on weekends: 1-3 weekends

Removal of earned credit time: 0-6months

Change of credit class: 1 class

Resitution: Amount of Loss

 

Minor Rule Violations: 

1. Using abusive language

2. Unauthorized contact with inmates in the Noble County Jail.

3. Failure to follow an order or standing rule of the program that is posted or communicated to offender.

4. Did not turn in schedule on time

5. Missed drug screen call in

6. Not following Schedule

7. Failing to schedule appointments

8. Failure to respond to emails from CC staff

9. Failure to turn in change request as required

10. Failure to pay CC fees as ordered

Sanctions for minor rule violations will occur. Clients' minor infractions can be dealt with without a formal report and hearing procedure. Clients will be advised of the rule violation and the action taken.

Sanctions for minor rule violations listed above will become more restrictive for multiple violations of the same rules. They will range of verbal warnings, written warnings, day reporting, and eventually a DHB.