This Department Order establishes procedures for the supervision of offenders in the community who have been placed on a supervised release status from a Department institution or have been accepted for supervision under the terms of the Interstate Compact for the Supervision of Probationers and Parolees. This Department Order establishes the processes for the arrest of offenders who have violated their conditions of supervision and/or release and their subsequent return to Department custody.

1.1    Offenders may be granted parole, home arrest, or work furlough solely by the authority of the Board of Executive Clemency (Board). The Board retains the authority for final revocation of parole, work furlough, home arrest and Community Supervision releases.

1.2    Parole Officers assigned to the Community Supervision Bureau conduct investigations based upon information provided on the Pre-Release Investigation Report and Release Authorization, Form 1003-6P, and Community Placement Investigation Interview, Form 1003-4P, to determine if the proposed placement is in the best interest of the public, the Department and the inmate. Investigations shall be conducted in accordance with the Community Corrections Technical Manual for any inmate being released or accepted under one of the following types of releases:

        1.2.1        General Parole.

        1.2.2        Early Parole.

        1.2.3        Work Furlough.

        1.2.4        Home Arrest.

        1.2.5        Provisional Release.

        1.2.6        Mandatory Release.

        1.2.7        Discretionary Release.

        1.2.8        Community Supervision.

        1.2.9        Interstate Parole.

        1.2.10    Temporary Release to Sentence Expiration Date.

        1.2.11    Temporary Release to Earned Release Credit Date (ERCD).

        1.2.12    Medical Furlough.

1003.02 INITIAL CONTACT WITH A SUPERVISED OFFENDER IN THE COMMUNITY - The assigned Parole Officer shall make initial contact with the offender. The contact shall consist of a review of the offender's program including but not limited to the following:

1.1      Re-verification of residence and/or employment.

1.2    Standard and/or special conditions of supervision as applicable in accordance with Department Order #1002, Inmate Release Eligibility System.

1.3      Risk Assessment, Form 1003-7P, or if appropriate a Risk Re-Assessment, Form 1003-8P.

1.4      Type and frequency of contacts.

1.5      Sex Offender Registration/Notification Requirements, Form 1001-1P, if applicable.

1.6      Financial obligations including restitution, supervision fees, electronic monitoring fees, and fines. Community Corrections Financial Statement, Form 1003-10P.

1.7      Drivers license/vehicle insurance information.

1.8      Next scheduled hearing with the Board, if applicable.

1.9      Post-ERCD status.

1.10    Referral to services, Request for Professional/Outside Services, Form 1003-9P, if applicable.

1.11    Determine if the offender has any outstanding warrants.

1.1    The Parole Officer shall complete a Risk Assessment on each supervised offender in order to determine the minimal amount of supervision needed to protect public safety while helping the offender to successfully complete the period of supervision. Any requests for an override, or any other change, of a risk assessment shall be approved by the Parole Supervisor.

1.2    Parole Officers shall maintain on-going documentation of the offender's adherence to Department Conditions of Supervision in their casebook and/or field file, as applicable. The documentation shall include, but shall not be limited to, the following areas:

1.2.1      Compliance with standard/special conditions.

1.2.2      Significant Incident Reports.

1.2.3      Travel Permits.

1.2.4      Reversion from one release status to another.

1.2.5      Fee/Restitution payments.

1.2.6      Attendance at counseling sessions or other referred services or programs.

1.2.7      Urinalysis testing.

1.2.8      Request for Warrant of Arrest, Form 1003-12PF or Warrant of Arrest, Form 1003-13PF.

1.2.9        Return to Custody Intensive Treatment Program (RTCIPT) Contract, Form 1003-11, if applicable.

1.2.10      Contacts with offenders, sponsors, relatives, law enforcement agencies, and others.

1.2.11    Verification of employment.

1.2.12    Residence change.

1.2.13    Sex offender registration, address change, disclosure and community notification information, as applicable.

1.3    Parole Officers or other authorized staff shall, when necessary, initiate a request for the offender's return to custody by completing a Request for Warrant of Arrest form. Upon the offender's return to custody, Parole Officers or other authorized staff shall provide a completed Proof of Warrant Service, Form 1003-20P, and ensure that any necessary documentation/testimony is available for subsequent probable cause and/or revocation hearings.

1.4    Parole Officers or other authorized staff may initiate the process of transferring the Community Supervision of an offender to another state under the Interstate Compact Agreement.

1.5    Parole Officers or other authorized staff may consider for acceptance into the RTCIPT an offender who has been served a warrant if the violator has been returned to custody for a technical violation of Conditions of Supervision or for an arrest for anew misdemeanor offense not involving an assault, sex offense, or a child. Upon successful completion of the program, the Department shall advocate for the offender's reinstatement to supervision at the revocation hearing, if the offender has not been found guilty of a major disciplinary violation during the program.

1.1    During regular workdays, the designated duty Parole Officer shall respond to all significant alarms.

1.2    The duty Parole Officer shall refer alarms to the inmate's assigned Parole Officer for follow- up and resolution.

1.3    If the assigned Parole Officer is unavailable, the duty Parole Officer shall follow-up and resolve the alarms.

1.4    At all times, other than regular work days, Central Office Communications (Communications) shall receive all significant alarms and notify the appropriate Community Corrections Division personnel.

1.5    At 1700 hours on regular work days, each duty Parole Officer shall transfer the electronic monitoring of inmates to Communications by providing Communications a written briefing of all unresolved significant alarms, either by fax or electronically.

1.5.1    The briefing shall include the inmate's name, number, equipment number and time of initial alarm. If clarification or additional information is needed, Communications may contact:

                1.5.1.1     The duty Parole Officer during duty hours.

                1.5.1.2     The assigned Parole Officer or Parole Supervisor after hours.

1.6    At 0800 hours on regular workdays, each duty Parole Officer shall transfer the electronic monitoring of inmates from Communications to themselves. Communications shall provide each duty Parole Officer a written briefing of all resolved and unresolved significant alarms, either by fax or electronically. The duty Parole Officer may contact Communications for clarification or additional information, if necessary.

1.6.1    The briefing on resolved alarms shall include the inmate's name, number, equipment  number, time of resolution, and circumstances of resolution, SIR information and warrant number, if applicable.

1.6.2    The briefing on unresolved alarms shall include the inmate's name, number, equipment number, and time of initial alarm. It shall also include information on any equipment problems noted during the duty shift.

1.7    The Parole Officer or Communications shall initiate the response to all significant alarms as applicable.

1.7.1    Within one hour of an alarm, and no later than two hours after receipt of an initial alarm on an apparent curfew violation, telephone contact shall be attempted to determine the reason for absence. If it is determined and verified by telephone contact that the inmate has not returned, or if telephone contact cannot be made, it shall be verified by computer access that the inmate has not returned.

1.7.1.1    A SIR shall be filed with Communications in accordance with Department Order #105, Information Reporting.

          1.7.1.2     Communications shall:

1.7.1.2.1    Issue the warrant number, from the Warrant Log provided by the Fugitive Services Unit Manager.

1.7.1.2.2    Make entries into the Arizona Crime Information Center/National Crime Information Center ACIC/NCIC. (Code 5011, comment section "Home Arrest Curfew Violator").

1.7.1.2.3    Notify the law enforcement agencies in the surrounding areas using the Arizona Law Enforcement Teletype System (ALETS).

1.7.1.3    The appropriate Parole Supervisor shall be notified during regular workdays.

1.7.1.4    The inmate's schedule may be changed in the monitoring computer to a 24 hour curfew.

        1.7.2    If the inmate returns within 24 hours of the initial alarm, the return shall be verified.

1.7.2.1    Verification shall include an attempt to determine the reason or absence.

1.7.2.2    Once verification has occurred by Communication or the Parole Officer, Communications shall clear the ACIC/NCIC entries, and notify the affected law enforcement agencies using ALETS.

1.7.2.3    The inmate shall be directed to remain at home and report to the Parole Officer not later than 0800 hours the next workday.

1.7.2.4    The Parole Supervisor shall review the case no later than the next workday to determine appropriate sanctions as outlined in applicable Technical Manuals.

1.7.3    Inmates who return after being absent without authorization in excess of 24 hours shall be taken into custody.

1.7.3.1    During normal working days, the Parole Officer shall initiate the return to custody.

1.7.3.2    At all other times, Communications shall notify law enforcement of the inmate's location for possible apprehension.

1.7.4    When an inmate is apprehended by law enforcement within 24 hours, and no additional criminal charges are pending, the inmate shall be returned to the nearest Department institution and the case reviewed by Community Corrections staff within one work day to determine appropriate sanctions.

1.7.5    When an inmate is apprehended, the Fugitive Services Unit Manager shall be notified. The Fugitive Services Unit Manager shall authorize Communications to clear the ACIC/NCIC entries and to notify the law enforcement agencies where the inmate resides using ALETS. SIR follow-up information shall include, as applicable, the date, time, location of arrest, arresting agency, name and badge/ID number of the arresting officer, reason for arrest (Department warrant or new charges), place of detention, Departmental Report (DR) and booking numbers.

1.7.6    Those inmates registering tamper/equipment failure alarms shall be contacted by telephone and directed to report to the Parole Officer no later than 0800 hours the next workday.

1.7.7    Communications may contact the assigned Parole Officer in emergencies or if requested to do so by law enforcement.

1.7.8    When responding to any significant alarm, if telephone contact verification cannot be made, the Parole Officer shall proceed to the inmates’ residence within four work hours from the time of the curfew violation, notification, ACIC/NCIC entry and/or the significant incident report.

1.7.9    When an inmate is in custody or has violated curfew and not returned, Parole Officers shall initiate removal of the electronic monitoring equipment from the inmate's home in a timely manner. When the equipment is in danger of theft or destruction, or when requested to remove the equipment immediately, the Parole Officer shall make a reasonable effort to remove the equipment quickly.

1.7.10    If requested by the county attorney, the Parole Officer shall cooperate by providing documentation for prosecution.

1.7.11    The Director may declare a forfeiture of any or all ERCs acquired by the inmate prior to the date of absconding in lieu of processing a prosecution in accordance with Department Order #1002, Inmate Release Eligibility System.

1.1    Parole Officers shall avoid the use of physical force. Only the minimum physical force necessary to bring the situation under control shall be applied.

1.2    Arrests of alleged violators shall occur in the Parole Office whenever possible. Prior to initiating the arrest, the Parole Supervisor and/or Parole Officer shall make every reasonable effort to ensure that the arrest shall not jeopardize the safety and security of the field office or of any individual in the office. This may include the removal of all members of the general public, secretarial staff and support service staff from the Parole Office.

1.3    If the offender poses a danger to him or herself, and/or the community, the offender may be taken into custody without a warrant as outlined in the Community Corrections Technical Manual.

1.4    Office Arrest - The Parole Office Supervisor shall be informed of the need for an arrest. A Violation Warrant shall be issued prior to the arrest, except for extreme emergencies.

1.4.1    A Parole Officer shall arrange for assistance by fellow Parole Officers, Department Special Investigators or law enforcement officers, as necessary. A Parole Officer shall not make an arrest without assistance.

1.4.2    The offender to be arrested shall be directed to the most secure area within the office that has limited access by the public. Spouses, family members, and friends of the offender and other offenders shall not be allowed in this area during the arrest.

1.4.3    Once the offender is within the arrest area, the supervising Parole Officer/designee shall effect the arrest and advise the offender that he/she is being arrested for alleged Violations of Conditions of Supervision.

1.4.4    A pat-down search shall be conducted, as outlined in Department Order #708, Searches. The offender shall be directed to empty his/her pockets prior to any pat-down search being conducted. An officer of the same gender shall conduct a pat-down search.

1.4.5    The inmate shall be immediately restrained by use of belly-chain, handcuffs, and leg irons. At least one Parole Officer shall be present. These restraints shall not be removed for any reason until the appropriate transportation staff have arrived and taken charge/custody of the offender. The inmate shall never be left unattended.

1.4.6    All items taken from the offender shall be placed in a manila envelope marked with the name and number of the offender, and the items shall be inventoried on Inmate Property Inventory, Form 909-4P. A copy shall be given to the inmate and a copy shall be affixed to the envelope.

1.4.7    Any monies taken from the offender shall be counted in the presence of another staff member, placed inside a separate envelope and inserted inside the manila envelope. The amount of money shall be marked on the outside of the money envelope and initialed by both the Parole Officer and the witnessing staff member.

1.4.8    Disposition of contraband shall be completed as directed in Department Order #909, Inmate Mail/Property and Stores.

1.4.9    When an offender who is going to be arrested has brought minor children in to the office and is unaccompanied by another adult, the Parole Officer shall contact a family member of the offender to take custody of the children.

1.5    Arrest in the Field - These arrests are considered to be the extreme exception. Unassisted arrest in the field is prohibited. An arrest in the field shall be conducted in accordance with the Community Corrections Technical Manual 1003-T-TM.

1.6    Transportation - Shall be completed in accordance with Department Order #705, Inmate Transportation.

1.6.1    Parole Officers shall request the Police Officer present to transport the offender to the Detention Unit. The Parole Officer shall follow and shall conduct the booking.

1.6.2    As soon as possible, the offender shall be escorted to the transportation vehicle or police vehicle for transportation.

1.6.3    If the offender is to be placed in a Department institution, office staff shall notify the receiving institution with information regarding the offender and the estimated time of arrival of the transporting officers.

1.6.4    Parole Officers shall not transport offenders in private vehicles.

1.6.5    All necessary documents (Request for Placement and Hold) and personal property shall be taken with the offender to the detention facility.

1.6.6    The arrested offender shall always be in the presence of a Parole Supervisor, Parole Officer or transportation staff from the time of arrest until the time the offender is placed into the transporting vehicle.

1.6.7    If the offender needs medical attention, the Parole Officers or Department staff members shall transport or cause the offender to be transported to the nearest medical facility. Department staff shall remain with the offender until he/she is either transferred to a secure medical facility or released and transported to increased custody.

1.7    Threats - Parole Officers who believe a job-related threat to their life or personal safety exists shall immediately report the threat to their supervisor.

1.7.1    In the absence of the supervisor, the report of the threat shall be made to the Parole Administrator.

1.7.2    The supervisor and Administrator shall notify the Protective Services Unit and advise them of the threat; discuss the threat and decide what action is in the best interest of the employee, including administrative leave or temporary transfer.

1003.06 WEAPONS - PAROLE OFFICERS - Staff assigned to Community Corrections in the Parole series and Community Corrections Administrators may be authorized to carry a Department-issued concealed weapon while on duty for purposes of self defense. Staff members who are issued a weapon and a protective vest shall be issued and carry approved OC aerosol devices, which may be concealed.

1.1    Parole Officers who carry weapons shall pass all requirements and training as outlined in Department Order #510, Firearms Qualification/Firearms Instructor Certification, section 510.01, 1.3 and 510.06.

1.2    Parole Officers may carry a concealed state-issued Department weapon while off duty, they shall not carry a concealed personal (non-Department issued) weapon while on duty.

1.3    Application for authority to carry a Department-issued concealed weapon shall be made in accordance with the Community Corrections Technical Manual, 1003-T-TM using a Handgun Authorization Request/Approval - Parole Officer, Form 1003-27P.

1.4    Parole Officers who choose to carry a concealed weapon in accordance with this section do so under authority of A.R.S. 13-3112 and shall be appropriately qualified and licensed through the Arizona Department of Public Safety. Permission to carry a concealed weapon is limited to those areas where the Department of Public Safety permit is valid.

1.4.1    Specific exceptions to where Parole Officers are permitted to carry concealed weapons include Native American reservations or any other jurisdiction where no reciprocal agreement with the Department of Public Safety exists.

1.4.2    A concealed weapon permit may be valid in another state, if the statutes for that state are reciprocal. Parole staff shall ensure that carrying the weapon is permitted, and if appropriate shall obtain certification from the applicable state, and shall only do so when the common route to a location in a remote section of the state of Arizona involves travel on a roadway through a neighboring state.

1.4.3    Parole Officers shall not carry the weapon in designated areas prohibited by the Deputy Director for Administration. Parole Officers shall secure their weapons in the assigned Parole Office prior to traveling to these restricted areas.

1.5    Parole staff and Administrators who carry Department-issued concealed weapons have no authority to exercise deadly force beyond that afforded to other citizens in the state of Arizona. A citizen may lawfully use deadly force when:

1.5.1    Protecting oneself from deadly force.

1.5.2    Protecting a third person against the unlawful use of deadly force.

1.5.3    Preventing kidnapping, sexual assault, rape, child molestation, arson of an occupied structure or first and second degree burglary.

1.6    The Department shall pay for licensing and training required by statute for Community Corrections Administrators, Supervisors and for each Parole Series Staff member who chooses to apply for a concealed weapons permit and carry a Department-issued firearm while on duty.

1.6.1    In addition to the Department of Public Safety approved training, Parole staff who wish to apply for a permit in order to carry a Department-issued weapon shall be qualified with the standard Department handgun as outlined in Department Order #510, Firearms Qualification/Firearms Instructor Certification. This training shall include:

                    1.6.1.2     Both the discretionary fire course and low light/no light pistol training.

                    1.6.1.3     Use of Force training.

1.6.2    Additional requirements include:

1.7    Parole Officers who have elected to carry a concealed weapon shall qualify annually as required in Department Order #510; however, failure to pass the qualification course shall not result in automatic remedial action outlined in Department Order #519, Employee Health - Assessment, Accommodation, Alternate Assignment. Failure to maintain handgun qualification, or losing qualification for any other reason, automatically revokes the Parole staff member’s permission to carry a concealed weapon while on duty and the staff member shall be required to qualify before the revocation is lifted.

1.8    Parole Officers who fail to weapons qualify or who, as a result of observed behaviors or corrective actions, have temporarily had their authorization to carry a weapon forfeited by an Administrator are required to reapply for authorization to carry a weapon.

1.9    A Parole Officer who has independently been granted a permit to carry a concealed weapon is authorized to carry a Department-issued handgun only when the additional training requirements have been met and the psychological examination is complete.

1.10    For those who meet all qualifications, the Department shall provide an OC aerosol device, approved handgun, ammunition, approved carrying devices for handguns and a locking device to the Parole Staff member. The staff member may choose to domicile the weapon or may elect to store the weapon at the Parole Office. The wearing of protective vests shall be optional except when conducting field arrests or when searching an offender's residence. At such times the wearing of protective vests shall be mandatory.

1.10.1    When the staff member is not carrying the weapon it shall be stored in a locked factory-standard or comparable weapon security container or shall be fitted with a locking device if stored at the officer’s home. No weapon is to be stored in a domicile, state or personal vehicle overnight.

1.10.2    Appropriate storage devices shall be made available at each Parole Office and where needed, at central office locations. Community Corrections vehicles shall be equipped with storage devices as well.

1.11    A Parole Staff member who has been issued a permit shall carry the weapon and OC aerosol device at all times when on duty except where carrying the weapon violates statute, the Department’s written instruction or is otherwise prohibited. When armed, the staff member may wear a Department-issued protective vest. Vests shall be available in each office for staff to use as needed.

1.12    Weapons and ammunition storage at a Parole Office is for short-term only. As outlined in Department Order #304, Equipment and Inventory System, inventory records for each Parole Office shall reflect weapons and related equipment assigned to that office. Protective vests shall be included in the inventory.

1.12.1    If the weapon is to be stored for 30 days or longer the Parole Supervisor shall appoint a qualified staff member to transport the firearm and ammunition in a case carrier to the Community Supervision Bureau Administrator for storage.

1.12.2    When repairs or maintenance beyond routine cleaning or maintenance is required, the weapon shall be transported to the appropriate armory in a case carrier for repair.

1.13    When entering one of the Department’s prisons the staff member shall secure the weapon in the storage device in the vehicle.

1.14    Where appropriate, the Assistant Director for Community Corrections may require supervisors who have not chosen to carry a weapon and Bureau Administrators to complete the non-firing portion of the training.

1.15    Parole Officers who choose not to be armed may request a personal protective vest and an OC aerosol device. Any Parole staff member may:

1.15.1    At their request, attend the non-firing portion of the training.

1.15.2    At their own expense, purchase a personal protective vest and/or additional holsters as outlined in the Community Corrections Technical Manual 1003-T-TM.

1.16    The use of a chemical agent is limited to defensive situations.

1.17    The Assistant Director for Community Corrections shall purchase firearms, ammunition, carrying devices, chemical agents and protective vests for Parole Officers. Parole Offices and vehicles assigned to Parole Officers shall be equipped with appropriate storage units and/or safety devices for use in issuing and storing weapons and chemical agents. Chemical agents may be of a type that allows for concealment of the chemical agent.

Acting Director

Within 90 days of the effective date of this Order, the Assistant Director for Community Corrections shall update and maintain a Community Corrections Technical Manual that includes, at a minimum:

DEFINITIONS

CURFEW VIOLATION - An inmate under electronic monitoring who fails to comply with the approved curfew schedule.

ESCAPE - An inmate’s unauthorized absence or departure from a correctional institution or release center, or from a secure work/transportation detail, or failure to return following a compassionate leave or medical furlough.

ESCAPEE - An inmate at a secure institution or release center who flees from custody; or an inmate who flees from a secure work/transportation detail; or an inmate who fails to return from a medical furlough or compassionate leave.

RETURN TO CUSTODY INTENSIVE TREATMENT PROGRAM (RTCITP) - A program designed to offer identified, eligible violators an opportunity to complete the Department's substance abuse/relapse treatment program prior to their revocation hearings.

SIGNIFICANT ALARMS - Those alarms that indicate an inmate may remain unmonitored without authorization in excess of four hours.

AUTHORITY

A.R.S. 13-3112, Permit to carry concealed weapon; violation, classification; application; training program; program instructors; report.

A.R.S. 41-1604.11, Home Arrest.