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DEPARTMENT ORDER MANUAL |
DEPARTMENT ORDER: 707 INMATE ESCAPE PREVENTION/RESPONSE |
SUPERSEDES: SEE ATTACHMENT A |
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| EFFECTIVE DATE: SEPTEMBER 1, 1996 |
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DEPARTMENT ORDER MANUAL |
DEPARTMENT ORDER: 707 INMATE ESCAPE PREVENTION/RESPONSE |
SUPERSEDES: SEE ATTACHMENT A |
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| EFFECTIVE DATE: SEPTEMBER 1, 1996 |
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| PURPOSE | |
| PROCEDURES | |
| 707.01 | DISCIPLINARY CHARGES |
| 707.02 | ESCAPE APPREHENSION COSTS |
| 707.03 | RESPONSE PROCESS - HOME ARREST ALARMS |
| IMPLEMENTATION | |
| DEFINITIONS | |
| AUTHORITY | |
| ATTACHMENTS | |
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RESTRICTED |
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| 707.04 | ESCAPE PREVENTION |
| 707.05 | ESCAPE RESPONSE |
| 707.06 | APPREHENSIONS |
| 707.07 | ESCAPE INVESTIGATION AND REVIEW |
707.01 DISCIPLINARY CHARGES
1.1 The Warden, Deputy Warden or Administrator shall ensure that appropriate disciplinary charges are filed, in accordance with Department Order #803, Inmate Discipline System, against an inmate who escapes.
1.2 Disciplinary Hearing Officers may assess restitution for property damaged during the escape. However, the Disciplinary Hearing Officer shall not assess restitution for apprehension costs.
1.2.1 The institution's Business Manager shall be notified when restitution is an imposed sanction.
1.2.2 Earnings placed in an escaped inmate's escrow account after an escape may be frozen, pending imposition of disciplinary sanctions. Other funds in the account shall not be frozen, except by court order.
707.02 ESCAPE APPREHENSION COSTS
1.2 All costs directly associated with the pursuit/chase and/or capture of the escapee(s) shall be recorded and maintained. Costs incurred, based on the escape that would not otherwise be an expense, shall all be recorded as escapee apprehension costs.
1.3 The Incident Commander shall ensure that:
1.3.1 A Vehicle Trip Ticket, Form 70501183, is completed for each vehicle that reflects actual miles driven, the amount of fuels used, the amount of oils and other lubricants used. Tires, batteries and accessories required, based solely on the pursuit/chase of the escapee(s) that would not have been an expense under normal operations, shall also be recorded.
1.3.2 Lodging expenses for staff show the name(s) of the staff, dates and cost for each.
1.3.3 All food expense receipts reflect the name(s) of the staff, dates and amounts involved. Meals provided from the institution kitchen shall be recorded based on the cost per meal allocation or contractor costs and shall include the name(s) of the staff involved who would not have normally been on duty had it not been for the escape.
1.3.4 The Positive Attendance Report, Form 20300012, for staff properly records all regular and overtime/compensatory hours worked based solely on the escape. (The regular hours shall be recorded since the staff member did not work at the regularly assigned place of duty. This is properly recorded as an expense against the overall costs incurred due to the escape.)
1.4 Deputy Directors and Assistant Directors shall ensure that all staff time, food, lodging, travel and costs incurred as a result of the escape are recorded with the staff name, date and amount.
1.5 Wardens and Deputy Wardens shall report all apprehension costs for employees assigned to their institution and involved in an escapee apprehension.
1.6 The Criminal Investigation Bureau (CIB) Administrator shall report all apprehension costs for all investigators and other personnel involved in the investigation and/or apprehension, and upon request, provide a detailed accounting of apprehension costs to county probation officers.
1.7 All reproduction and publication costs incurred as a result of the escape shall be recorded by every office involved and sent to the Budget Unit Supervisor where the escape occurred.
1.8 All the apprehension records and expenses identified above shall be compiled and submitted to the institution Business Manager within five working days after the escape actions are terminated.
1.9 The Warden shall ensure that the institution Business Manager:
1.9.1 Coordinates with County and/or City officials to obtain actual and estimated costs that the Department will be required to pay due to the jail charges, if appropriate, based on the escapee(s) being held at facilities other than those of the Department.
1.9.2 Prepares a consolidated report to show the total costs incurred in each area of staff time, food, lodging, etc., and use the documents received from all sources as back-up. This report shall be submitted to the County Attorney's office within three weeks after the apprehension.
1.9.2.1 A copy of the report shall be provided to the Deputy Director for Prison Operations and to the Assistant Director for Administrative Services.
1.9.3 Is available to the County Attorney and Chief Probation Officer to assist in and/or answer questions pertaining to the apprehension costs.
1.9.4 Recovers, upon receiving authorization, escape apprehension costs in accordance with Department Order #905, Inmate Banking/Money System and the Inmate Banking/Money Technical Manual.
707.03 RESPONSE PROCESS - HOME ARREST 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 make telephone contact with Communications to advise of the transfer of Electronic Monitoring to Communications. Communications shall be briefed in writing (by fax) of all unresolved significant alarms to include the inmate's name, number, equipment number and time of initial alarm. Communications may contact the duty Parole Officer for clarification or additional information, if needed.
1.6 At 0800 hours on regular work days, each duty Parole Officer shall make telephone contact with Communications to advise of the transfer of Electronic Monitoring to the duty Parole Officer. Communications shall brief each duty Parole Officer of all resolved and unresolved significant alarms in writing (by fax). The duty Parole Officers may re-contact Communications for clarification or additional information, if needed.
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 Response to all significant alarms shall be consistent. The response shall be initiated by the Parole Officer or by Communications, as appropriate in accordance with section 707.03, 1.5 or 1.6.
1.7.1 Within one hour of an alarm, and no later than four 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 An SIR shall be filed with Communications in accordance with Department Order #105, Information Reporting.
1.7.1.3 The appropriate Parole Supervisor shall be notified during regular work days.
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 for absence.
1.7.2.2 Once verification has occurred by the Parole Officer, the Fugitive Services Unit Manager shall be notified, who shall direct Communications to clear the ACIC/NCIC entries, and via ALETS notify the law enforcement agencies where the inmate resides.
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 work day.
1.7.2.4 The case shall be staffed with the Parole Supervisor no later than the next work day in accordance with Department Order #1003, Community Supervision.
1.7.3 If the 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. The case shall be staffed by the Home Arrest Administrator and Parole Supervisor within one work day in accordance with Department Order #1003, Community Supervision.
1.7.4.1 During normal working days, the Parole Officer shall initiate the return to custody.
1.7.4.2 At all other times, Communications shall notify law enforcement of the inmate's location for possible apprehension.
1.7.5 When an inmate is apprehended, the Fugitive Services Unit Manager shall be notified and shall direct Communications to clear the ACIC/NCIC entries, and using ALETS, notify the law enforcement agencies where the inmate resides. 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 work day.
1.7.7 Information on significant alarms received by Communications resulting from emergencies shall be documented to include the nature of the emergency, the inmate's location, a telephone number where the inmate can be reached and any other information deemed necessary. The inmate may be directed to report periodically by telephone. The inmate shall be directed to report in person to the Parole Officer no later than 0800 hours the next work day.
1.7.8 Communications may contact the Parole Officer in emergencies or if requested by law enforcement.
1.7.8.1 After hours, prior to responding in person, the Parole Officer shall obtain approval from a supervisor or administrator.
1.7.9 When responding to any significant alarm, if telephone contact verification cannot be made, the Parole Officer shall proceed to the inmate's residence within 8 work hours from the time of curfew violation notification ACIC/NCIC entry and/or SIR).
1.7.9.1 If, in the opinion of the Parole Officer, the inmate may pose a danger to self or others, or if the Parole Officer feels personal safety is at risk, the Parole Officer shall request back-up assistance from law enforcement.
1.7.9.2 If a search becomes necessary to check the health and safety of the inmate, or complete verification, the Parole Officer shall contact the Parole Supervisor or an Administrator to request authorization for search.
1.7.10 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 reasonable effort to remove accordingly.
1.7.11 When an inmate has been absent without authorization in excess of 24 hours, and a warrant has been issued for curfew violation, the Parole Officer shall prepare an escape packet and submit the packet along with the warrant to the Fugitive Services Unit Manager, if in Maricopa County. If in Pima County, the Parole Officer shall submit the warrant to the Fugitive Services Unit Manager and the escape packet to the Home Arrest Parole Supervisor. The escape packet shall then be forwarded to Phoenix or Tucson CIB within three work days of receipt.
1.7.12 The escape packet shall contain, but not be limited to, the Request for Warrant, Warrant of Arrest, Sentencing Order, signed Conditions of Supervision, Computerized Alarm Violation Report, and Pre-sentence Report.
1.7.13 After an inmate's home arrest has been revoked by the Board of Executive Clemency, the Fugitive Services Unit Manager shall notify the CIB if criminal prosecution is requested. The Fugitive Services Unit Manager shall refer packets that meet one or more of the following criteria:
1.7.13.1 The inmate is not being charged with another new felony as a result of the violation.
1.7.13.2 The inmate has less than two years to serve on the instant offense.
1.7.13.3 The inmate has a past history of sex offense or other violence.
1.7.13.4 Sound correctional practice dictates referral.
707.04 ESCAPE PREVENTION - RESTRICTED (Effective October 25, 2002)
707.05 ESCAPE RESPONSE - RESTRICTED
707.06 APPREHENSIONS - RESTRICTED
707.07 ESCAPE INVESTIGATION AND REVIEW - RESTRICTED
FORMS LIST
30300005, Escape Assignment Report (R)
30300006, Chase Team Report, Staff Sign-In/Out Log (R)
30400025, Escapee Apprehension Cost Summary
40000029, Information Report
40000030, Continuation Sheet
70501133, Significant Incident Report (R)
70501135, Incident Management System Report (R)
70501183, Vehicle Trip Ticket
The Assistant Director for Administrative Services shall ensure that the Inmate Banking/Money Technical Manual authorized by Department Order #905, Inmate Banking/Money System, includes detailed instructions for forfeiture of earnings and for recovery of apprehension costs.
Within 90 days of the effective date of this Department Order, Wardens shall:
Develop an Institution Order that addresses at a minimum:
Institution and unit escape response.
Staff responsibilities.
Reporting cost data, as required.
Address the contents of this Department Order in authorized Post Orders, as appropriate.
CURFEW VIOLATION - An unauthorized departure from, or failure to return to, the inmate's authorized residence under electronic monitoring.
EARNINGS - Any compensation received by an inmate from a WIPP or ACI job.
ESCAPE - An inmate's unauthorized absence, departure from custody, from a correctional institution or release center without permission, from a secure work/transportation detail or failure to return following a temporary leave granted for a specific purpose.
ESCAPEE - An inmate at a secure institution, release center, on home arrest or on a release status who retains inmate status (e.g.: work furlough, temporary release), who flees from custody.
ESCAPE REVIEW COMMITTEE - Staff who are assigned by the Director to review investigations of escapes. The committee is comprised of:
The Operations Officer for Security, who shall be the chairperson.
The Warden or Administrator of the institution where the escape occurred.
An investigator from the Internal Affairs Unit.
A representative of the Staff Development and Training Bureau.
ESCROW ACCOUNT - An inmate's trust account in which reserve funds are held pursuant to A.R.S. 31-261 and 31-323.
REGULAR WORK DAYS - For the purposes of section 707.03, regular work days are defined as Monday through Friday 0800 hours to 1700 hours; holidays excepted.
SECURE CUSTODY - For the purposes of this Department Order, the area within a secure (locked) perimeter or designated boundary of a facility. Community Release Center inmates and releasees are not considered to be in secure custody.
SECURE WORK/TRANSPORTATION DETAIL - For the purposes of this Department Order, a supervised work crew, e.g., a "gun gang" or one or more inmates being transported by staff.
SIGNIFICANT ALARMS - Those alarms that indicate an inmate may remain unmonitored without authorization in excess of four hours.
A.R.S. 13-2501, Definitions; escapes.
A.R.S. 13-2502, Escape in the Third Degree; Classification.
A.R.S. 13-2503, Escape in the Second Degree; Classification.
A.R.S 31-236, Home Arrest.
A.R.S. 31-254, Compensation for Labor Performed; Price of Prison-Made Articles; Distribution of Earnings; Prisoners Not Employees and Not Entitled to Worker's Compensation.
A.R.S. 31-342, Escape; Liability for Costs Incurred in Apprehension.
A.R.S. 41-1602, Purpose of the Department of Corrections
SUPERSEDES
Department Order 707, Inmate Escape Prevention/Response, supersedes the following:
IMP 103.1.11, Investigation and review of Escapes (03/06/91) (R)
IMP 301.14, Escape Response Procedures (05/13/92) (R)
IMP 301.14.1, Escapee Apprehension Costs (11/24/86)
FSP 2123, Escapee Apprehension Costs (01/01/88) *
DMP 94-01, Home Arrest Response to Electronic Alarms, Investigations, Report of Escapes (CC) (05/10/94)
* Only the portions of FSP 2123 (sections 5.1 through 5.3.3) that address the calculating and reporting of escape costs are included in the Department Order. The remainder of the FSP, which addresses forfeiture of inmate earnings, will be included in Department Order 905, Inmate Banking/Money System and the Inmate Banking/Money Technical Manual.
