Special Supervision
Intensive Supervised Release (ISR)
- Agent of record
- Each offender must be assigned an agent of record, but
supervision of the offender may be accomplished by a team of
agents.
- The agent of record ensures all release planning,
contacts, case planning, case review and record keeping are completed as
specified.
- Teams must jointly review each case a minimum of
weekly. When a violation occurs, the agent attending the
hearing must contact the other agents in the team prior to the hearing to
become familiar with the facts of the violation and the offender's
general adjustment.
- Release Planning:
- Physically investigate and approve residence prior to
release from a Minnesota Correctional Facility (MCF) in accordance
with
DOC policy 203.018 – Agent Assignment
and Release Planning.
- Ensure that if offender is residing in someone else's
residence that they are aware of special supervision practices such as
contact standards, internet, weapons or other
issues that may impact supervision.
- Enter a placement investigation chrono in the
electronic database that outlines if accepted; if denied concise
documentation as to the reasons the placement was denied.
- Ensure the request for EHM/GPS monitoring has been
submitted with inclusion/exclusion zones identified as
needed. All ISR offenders must have EHM/GPS installed unless
approved by ISR supervisor. All agents must have completed vendor
training and review EHM/GPS data daily to ensure compliance and public
safety.
- Agents shall follow the ¾ Housing instructions
for homeless ISR offenders when the local jail is willing to provide ¾
housing and a joint powers agreement has been executed.
- Transport of released offender to initial ISR placement
- ISR agents and/or DOC transport staff must transport
an offender who is placed on ISR from the releasing correctional
facility to the offender's initial placement.
- If the offender is transported to his/her initial
placement by someone other than the ISR contacted by the ISR agent.
- Upon completion of the transport, agents must enter a
“transport chrono" that identifies, time of arrival at the MCF,
time left the MCF, any stops, review of discussion in the vehicle, any
items of concern, and time of arrival at placement.
- An offender may meet one or more of the following
criteria to request assistance from the Central Transport Unit or MCF
transport:
- The offender is being released from segregation on
date of release;
- The offender has significant documented mental
health conditions or mood disorders and has not been compliant with
medication(s) or medical staff;
- The agent provides the case manager and/or program
staff with safety related concerns during the agent assignment or
investigation process; or
- The offender's end of confinement review committee
(ECRC) score is level three and is being released homeless.
- When the initial placement is a private residence, and
the ISR agent didn't transport, the ISR agent must see the offender in person
within four hours of the offender's arrival to the initial
placement. If an offender was released per Colton's Law
(see Appendix - Colton's Law, offender
must remain under agent's direct contact until it is verified EHM/GPS is
active.
- When the initial placement is a staffed facility and
DOC-funded, the agent must see the offender within 24 hours of the
offender's arrival at the placement.
- Initial face-to-face contact with offender - at the
initial face-to-face contact with the offender in the community, the
agent must:
- Review the special conditions and ISR offender
handbook in detail;
- If EHM/GPS is employed, initiate the surveillance
prior to release (to include inclusion/exclusion zones, leave/return
times etc.) and provide thorough explanation of requirements of the
surveillance system.
- ISR phases:
- ISR is divided into three phases for non-level three
predatory offenders and four phases for level three predatory offenders:
- Phase I – four months (minimum 60 days)
- Phase II – four months
- Phase III – four months
- Phase IV – (level 3 offenders only) is broken down
into 3 levels and continues until expiration of sentence and
or/conditional release period
- Level 1-one year in length,
must complete CD/SO programming prior to level
- Level 2- one year in length
- Level 3-until expiration of
sentence or conditional release period.
- The duration of the ISR phases are based upon compliance and progress toward risk
reduction. It is generally anticipated ISR offenders may be moved to the
next phase after 4 months and transferred to supervised release after one
year. Offenders engaged in risk reduction behavior, with supervisory
approval may have the option to move to the next phase after 60 days.
However, all level three predatory offenders must be placed on ISR for
their entire supervised release, conditional release, or parole terms.
- The agent must check the
offender's criminal history and driving record before advancing the
offender to another phase.
- With a restructure report or use of the
DOC immediate sanctions process, an ISR agent may delay offender movement
to a lesser phase or revert the offender to a higher level of supervision
due to an offender's poor adjustment.
- Offender movement from one phase to the next
phase must be noted in the chronological database and CSTS. Requests for
early movement between phases and/or early transfer after 6 months to
regular supervision requires ISR supervisory approval. Agents
must complete the “
Request for Early movement to next phase /Transfer
to Supervised Release" form prior to moving an offender
early. Requests must identify overall adjustment and what risk
reduction /skill building activities the offender has engaged in and
completed.
- ISR caseloads as identified in MN Statute
244.13, subd. 1. are
limited to 30 offenders for every two agents.
Contacts
- Frequency of ISR agent and offender
face-to-face contact:
- Phase I
- A minimum of three face to
face contacts per week with one of the contacts being a home visit.
- During this phase a case
plan must be implemented to address offender risk/needs and identify strengths.
- Ongoing skill building
utilizing Core Correctional Practices must take place at a minimum of
once a week.
- Phase II
- Minimum of two face to face
contacts per week with 1 of those contacts being a home
visit.
- During this phase a case
plan must be implemented to address offender risk/needs and identify
strengths.
- Ongoing skill building
utilizing Core Correctional Practices must take place at a minimum of
once a week.
- Phase III
- A minimum of one
face-to-face contact per week with two of those contacts per month
being a home visit.
- During this phase a case
plan must be implemented to address offender risk/needs and identify
strengths.
- Ongoing skill building
utilizing Core Correctional Practices must take place at a minimum of
once a month.
- Phase IV - Level 3 Sex Offenders only
- Level 1- Two face-to-face
contacts per month with one of those contacts being a home visit.
- Level 2- One face-to-face
contact per month with one of those visits being a home visit every
other month.
- Level 3- One face-to-face
contact per month with one visit being a quarterly home visit.
- All Face-to-fact visits
consist of:
- Brief check-in on conditions;
- New development of risk factors;
- Review homework from last case planning session; and
- Core correctional practices.
- Timing of face-to-face contacts
- Agent contacts must be random in nature and must
occur seven days per week, including holidays.
- The contacts must occur unpredictably anytime of the
day or night, with a minimum of half of the face-to-face contacts
occurring on weekends, holidays, or between 5:00 PM and 8:00
AM. Phase 4 contacts must have 25% of visits conducted
during non-traditional hours.
- Agents are authorized to make double and triple back
contacts (contacts within a short period of time) with offenders. These
contacts must be logged, however, may not be used to meet the
agent's requirement for mandatory face-to-face contacts.
- The assigned agent or other members of the agent's
ISR unit must make all contacts or agent's team or designee.
- An offender is required to
submit a weekly schedule during his/her supervision phases, as
directed by agent(s).
- With supervisory approval,
other trained agents may make contacts.
- The agents must make
additional face-to-face contacts as needed.
- An offender's case plan may
be evaluated continuously and during transition to a new phase.
- All contacts made with the
offender (including collateral) must be documented in the ISR
chrono database by the end of the next day.
- Each team has an on-call
ISR agent assigned every day, to monitor and record information from
the 24-hour offender line, in addition to calls from BI, Law
Enforcement, and Officer of the Day as it relates to
warrants. Agents are responsible for ensuring the line is
working and forwarded to the next agent every day. Agents
must respond appropriately. Agents must enter a chronological entry by
the end of the next business day. Warrant information or
public safety concerns must be entered immediately so that information
is available.
- If an offender is in a 24-hour per day
(including weekends and holidays) staffed facility, the agent may
reduce the number of contacts to once per week for offenders in phase
I, II, and III. Agent contacts in phase IV must occur as
stated in this policy.
- Collateral contacts
- The agent must utilize the
resources available in the community to monitor the offender's
activities.
- The agent must maintain
contact with appropriate law enforcement agencies, employers, and
professional staff of program agencies who are involved with the offender
and document all contacts in chronos. Offender contact with law
enforcement must be investigated and if needed appropriate action
taken.
- The agent must also
maintain contact with the offender's significant family members such
as wife/husband and parents.
-
ISR Phase requirements
- Phase I - house arrest
- The offender must maintain
a weekly pre-approved schedule and may leave the residence only for
pre-approved scheduled activities including employment seeking
activities, training, treatment, community service
responsibilities. Offenders must spend a minimum of 40
hours per week engaged in constructive activity.
- Offenders may not alter
involvement in authorized activities unless the agent approves. Failure
to seek and obtain agent approval may result in a violation report.
- After an offender has been
fully program compliant to all elements of the program, the agent may
authorize pre-approved pro-social activity. The
participation in pro-social activity must not compromise public
safety. Agents may require a safety plan be approved by
agents/treatment prior to participation.
- The agent authorizes the
leave for the exact amount of time required by the activity plus
transportation time.
- All pre-approved scheduled
activities must conclude to allow for the offender to be at his/her
approved residence by 10:30 PM, unless specifically authorized by the
agent.
- All pre-approved scheduled
activities must be attended in the community where the offender lives
or, in the case of rural areas, the nearest community providing
services, or the ISR supervision area without agent approval.
- The offender may be absent for
family emergencies only with prior agent approval for the specific
occasion.
- For medical emergencies,
the offender may report his/her absence during or after the emergency.
In all situations, the agent must verify the medical emergency.
- The agent may restrict the
number of visitors to the offender's residence for agent safety
purposes. All visitors must be pre-approved by an agent.
- Phase 2- Modified house arrest - Modified
house arrest is the same as house arrest described in Phase I except
that:
- The offender may have
family or recreational activity with prior approval of the agent.
- The offender must return to
his/her residence by 10:30 PM.
- If an offender works
evening or night shifts, or is in an approved evening or nighttime
activity, the agent may allow a modified family or recreational
activity schedule.
- Phase 3- Curfew
- Curfew is 10:30 PM to 6:00
AM seven days per week unless authorized by agent.
- Offender community
service work, education, or treatment program participation must
conclude by 10:30 PM unless specifically authorized by the
agent.
- An offender who works the evening or night shift
must report home immediately after work and use minimal travel time to
return home and have a curfew of 10:30PM to 6:00 AM on their days
off.
- Phase 4- Level 3 sex offenders
- All Phase 4 pro-social
activity is approved by agent and curfew is “as needed".
- All phase 4 offenders must
submit to a maintenance polygraph annually or as needed.
- Offender residence
- The offender must reside in
the residence approved by the agent.
- The agent must give
approval prior to a residence change.
- If an offender does not
obtain pre-approval, the agent may submit a violation report or
request a warrant.
- Agents may not authorize
the offender to relocate to another county unless approved by the
other county and/or ISR team, regardless of who is to provide the
offender supervision.
- Halfway house
placement, though not routine, may be used with HRU approval.
- Access and
search of the offender residence
- The agent must have
reasonable access to the offender's residence on an ongoing
basis.
- Access may be anytime of
the day or night.
- The agent must inform the
offender the access is exercised for supervision purposes only.
- For DOC agents, searches must
be conducted as outlined in DOC policy
201.017 - Offender Searches.
- Electronic surveillance (EHM-including
alcohol monitoring systems) and global positioning systems (GPS)
- GPS supervision is a
condition of release for all level III sex offenders for up to 90
days. The field services director must approve any requests for GPS
supervision exceeding 90 days.
- EHM and/or GPS(electronic monitoring) supervision
must be a condition of release for offenders entering the
ISR program, unless authorized by the ISR
supervisor and may be imposed at any time in
order to further the supervision structure for up to 90 days
(excluding Soberlink alcohol monitoring system).
- Agents must review EHM/GPS
data for each offender at least daily to ensure compliance with
conditions and their schedule. Observations of non-compliance must be
investigated immediately, including all alerts from the monitoring
company.
- The field services director
must approve any requests for EHM and/or GPS supervision exceeding 90
days.
- All staff must receive
training from the monitoring vendor regarding the use of their
equipment and the process and procedures for monitoring offenders on
electronic monitoring.
- All training must be
documented in the electronic learning and management site.
- Violations:
- All alleged violations must
be investigated immediately, and appropriate action taken.
- Violations that constitute
an emergency and are a public safety risk must be taken into custody
by issuing a warrant via HRU. For non-emergencies an agent
must submit a violation report.
- Agents must follow the DOC
policy 201.012 - Safety regarding
offender transports into custody. Offenders on ISR testing positive on
a drug screen may be taken into custody or if approved by the Hearings
and Release Unit. With HRU approval, an offender may be
restructured with or without additional conditions back to community
supervision.
- Transfer:
- A transfer investigation
request must be submitted 30 days prior to completion of ISR to the
district in which the offender will be residing via the transfer
module in CSTS.
- The agent must include the
offender's progress and behavior while on ISR, including programming
and /or skill directed practice, employment, housing, violations,
chemical use and
family/support concerns,
chronos and an updated needs assessment.