Policy Number:         201.010

Title:                           Adult Community Supervision

Effective Date:           1/15/19

 

PURPOSE:    To provide standards for effective offender supervision and enhance community safety utilizing best practices.

 

APPLICABILITY:  Minnesota Department of Corrections (DOC) community services division staff, County Probation Officers (CPO) and Community Corrections Act (CCA) counties.

 

DEFINITIONS:

Supervision agent – an employee in the job classification of DOC corrections agent, County Probation Officer (CPO) and Community Corrections Act (CCA) corrections agent responsible for providing community supervision  for offenders.

 

Supervised Release (SR) – the status of an offender serving the portion of a sentence that requires supervision in the community after release from a Minnesota Correctional Facility.

Intensive Supervised Release (ISR) – the status of an offender released from a Minnesota Correctional Facility identified as very high risk to reoffend.

 

Challenge Incarceration Program (CIP) – a voluntary early release program for offenders who meet statutory and department requirements.

 

Conditional Release Program (CRP) – an early release program for certain non-violent controlled substance offenders.

 

PROCEDURES:

A.        Community Relations

1.         The department actively participates in partnerships with individuals, organizations, and agencies in the communities in which it supervises offender to prevent victimization, provide conflict resolution, and promote public safety.  The Department’s executive management, regional managers, district supervisors, and supervision agents:

a)         Engage in collaborative problem-solving efforts with the community, promoting public safety through the sharing of information (consistent with applicable law), and education.

 

b)         Support efforts to develop community resources that prevent crime.

 

c)         Encourage the use of community residential centers for pre-release programs and for crisis situations.

 

d)         Maintain a current inventory of community agencies that provide financial and other assistance to offenders and make it readily available to field staff and offenders.

 

2.         The department prioritizes services and restorative justice practices that:

a)         Provide input from victims in pre-sentence investigations provided to the court before it makes a sentencing decision or establishes, removes, or modifies conditions of probation;

 

b)         Encourage offenders to take responsibility and make restitution to the victim(s) of their crime(s) and to the community; and

 

c)         Provide victims with information at their requests per applicable state statutes.

 

B.        General Standards of Supervision

Supervision agents provide the following guidance, assistance, and services to all offenders they supervise in the community:

1.         Complete a standardized and validated risk assessment that includes a reassessment of risk annually and may reduce the offender's level of supervision if making progress toward supervision goals and reducing risk, share the results of the reassessment with the offender, and document the offender's progress electronically in the case record;

 

2.         Refer offenders to appropriate interventions based on offender conditions and assessed risks and needs, and use research-based practices proven to reduce recidivism;

 

3.         Develop individualized case plan, that is dated and documented with supervision agent and offender signatures, with all high-risk offenders within 90 days of sentencing or release from incarceration, and include measurable criteria targeting criminogenic risk factors, a time schedule for achieving specific goals, and scheduled progress reviews and adjustments;

 

4.         Use supervision tools and strategies approved by the Department;

 

5.         Use a series of graduated responses to address compliance and noncompliance with conditions of supervision, including proportionate incentives for compliance and sanctions for non-compliance with conditions of supervision.

 

6.         Notify the court or Hearings and Release Unit (HRU) and request guidance when special conditions ordered by the court or HRU are not available.

 

7.         Document all interactions, progress, strategies, and interventions involving the offender in the electronic case record by the close of next business day.

 

8.         Transfer supervision of offenders to other agencies in accordance with DOC Policy 201.021, “Intrastate Transfer of Adult Supervision;” and

 

9.         Permit out-of-state travel with prior approval or as outlined in DOC Policy 206.020, “Interstate Compact for the Supervision of Adult Parolees and Probationers.”

 

B.        Probation Supervision

1.         The district supervisor or designee assigns cases to supervision agents upon receipt of a transcript or sentencing court order. The supervision agent is responsible for supervising the offender until the offender is discharged, the offender’s release is revoked, or the case is officially transferred to another agency.

 

2.         Within 30 days of case assignment, the supervision agent must conduct an initial interview with the offender during which the supervision agent must:

a)         Review the probation agreement and explain conditions to the offender with the services of an interpreter, if necessary, and obtain the offender's signature acknowledging the offender understand the conditions; and

 

b)         Provide and explain the Grievance Procedure form to the offender.

 

3.         Within 45 days of case assignment, the supervision agent must determine the appropriate level of supervision and contacts based on a standardized and validated risk assessment tool.

 

C.        Supervision after Release from a Minnesota Correctional Facility

1.         Supervision agents conduct a placement investigation after receiving the Request for Agent Assignment, in accordance with DOC Policy 203.018, “Agent Assignment and Release Planning.”

a)         The supervision agent, with the offender and facility caseworker, will develop a release plan, including conditions.

 

b)         The district supervisor reviews and approves the Agent Assignment Response, which informs the HRU of the verified release plan to the community.

 

2.         Department-approved risk assessment tools and statutes determine caseload supervision assignments.

 

3.         Intensive supervised release (ISR)/challenge incarceration program (CIP)/conditional release program (CRP) supervision agents are available 24-hours a day. Supervision agents must make offenders aware of how to access the 24-hour services.

 

4.         At the time of release, an ISR supervision agent or designee must transport ISR offenders.  The supervision agent must see the offender in person within four hours to review supervision conditions and expectations of the ISR program and provide and explain the Grievance Procedure form to the offender at the initial meeting.

 

5.         When the initial placement for an ISR/CIP/CRP offender is a staffed facility, the supervision agent must see the offender within 48 hours.

 

6.         All supervised release offenders must report to their supervision agent within 24 hours of release

 

7.         The supervision agent approves releasees' reasonable delays enroute to the approved programs.

 

D.        Responding to Alleged Violations of Conditions of Supervision

1.         Supervision agents, with the approval of the district supervisor when available, request warrants and apprehension and detention (A&D) orders for offenders when there is adequate evidence that the offender has committed:

a)         A serious violation or repeated violations of the conditions that pose a safety risk to the community; or

 

b)         A new offense.

 

2.         The supervision agent arranges for a pre-arrest briefing prior to any planned arrest, with all officers and other law enforcement agencies participating in the action.

 

3.         The supervision agent issues informal sanctions in accordance with ISR, CIP or CRP requirements, imposes community work service in accordance with statute, and imposes other sanctions with authorization of the court or the hearing and release unit (HRU).

 

4.         Supervision agents must investigate all alleged violations of conditions and document results electronically in the case record.

 

5.         When violations occur, supervision agents consider and use alternatives to revocation and incarceration to the extent that public safety allows, and submit violation reports to district supervisors or designees for review and approval prior to submitting them to the court or HRU.

 

6.         When permitted by law, supervision agents may continue to supervise absconders in the community who have committed no new crimes and who do not pose an undue public safety risk.

 

E.         Discharging Offenders from Community Supervision

1.         When offenders are eligible for early discharge from probation after meeting agency criteria, supervision agents complete a discharge report summarizing the performance of the offender during the entire period of supervision and compliance with conditions of supervision, and retain the reports electronically in the case record.

 

2.         When offenders’ sentences expire and they have complied with their conditions of probation, the supervision agent must complete a chronological summary of the offender’s progress during the offender’s supervision and maintain it electronically in the case record.

 

3.         Offenders are not eligible for early discharge from supervised release. Upon expiration of sentence, supervision agents must complete a chronological summary of the offender’s progress during the offender’s supervision and maintain it electronically in the case record.

 

F.         Oversight Responsibilities of District Supervisors

1.         District supervisors systematically review the quality of community supervision from both an administrative and case-management perspective by conducting regular case reviews, observing supervision agents, proficiency testing, and providing feedback to supervision agents.  Quality assurance documentation is saved electronically in the supervisory file.

 

2.         District supervisors review all written grievances submitted by offenders, respond in writing, and inform offenders of the process for appealing grievance responses.  Offender grievance data is evaluated annually to determine efficiency and effectiveness of the procedure.

 

INTERNAL CONTROLS:

A.        All interaction, progress, strategies and interventions are documented electronically in the case record.

 

B.        All offender reports are documented electronically in the case record.

 

C.        Quality assurance documents are saved electronically in the supervisory file.

 

ACA STANDARDS:            4-APPFS-1A-01, 4-APPFS-1A-02, 4-APPFS-1A-03, 4-APPFS-2A-03, 4-APPFS-2A-04, 4-APPFS-2A-05  4-APPFS-2A-06, 4-APPFS-2A-07, 4-APPFS-2A-08, 4-APPFS-2A-10, 4-APPFS-2A-11,4-APPFS-2A-12, 4-APPFS-2A-13,4-APPFS-2A-14, 4-APPFS-2A-15, 4-APPFS-2B-01, 4-APPFS-2B-02, 4-APPFS-2B-03, 4-APPFS-2B-04, 4-APPFS-2B-11, 4-AAPFS-2B-12,  4-APPFS-2C-01,  4-APPFS-2C-02, 4-APPFS-2C-03, 4-APPFS-2C-05, 4-APPFS-2C-06, 4-AAPFS-2D-01, 4-AAPFS-2D-02, 4-APPFS-2D-03, 4-APPFS-3A-27, 4-APPFS-3B-09, 4-APPFS-3D-29, 4-APPFS-2F-01, 4-APPFS-2F-02

 

REFERENCES:       Minn. Stat. §§ 169A.20; 241.01; 243.05; 243.166, subd. 4(b); 244.05, subd. 6; 244.0513; 244.057; 244.13; 244.17 to 244.173; 244.197; 244.198; 244.199; 244.1995; 244.20; 244.24; 256J.26; 609.12; 609.13; 609.135; 609.14; 609.15; 609.165; 611A.037; 626.556

                                    Policy 203.260, “Victim Notification.”

                                    Policy 201.021, “Intrastate Transfer of Adult Supervision.”

Policy 206.020, “Interstate Compact for the Supervision of Adult Parolees and Probationers.”

Policy 203.018, “Agent Assignment and Release Planning.”

 

REPLACES:             Division Directive 201.010, “Adult Probation Services,” 2/7/06, deleted 2011;

Policy 201.020, “Post-Sentencing Activities,” 5/15/18;

Division Directive 201.022, “Adult Probation and Supervised Release Supervision Standards,” 8/2/16;

Division Directive 201.023, “Intensive Supervised Release,” 8/2/16;

Division Directive 201.025, “Imposition of Community Work Service for Probation Violations,” 12/2/14;

Division Directive 201.026, “Probation Sanctions Conference,” 11/3/15.

Division Directive 204.061, “Challenge Incarceration Program-Phase II/III,” 7/26/16;

Policy 205.010, “Adult Supervised Release and Parole,” 3/21/17;

Division Directive 205.152, “Conditional Release of Non-Violent Controlled Substance Offenders-Community Supervision,” 8/2/16;

All facility policies, memos, or other communications whether verbal, written, or transmitted by electronic means regarding this topic.

 

ATTACHMENTS:   None  

 

 

APPROVALS:

Deputy Commissioner, Community Services

Deputy Commissioner, Facility Services

Assistant Commissioner, Facility Services

Assistant Commissioner, Operations Support