Administrative Order 11-1: Modification of Administrative Order 08-3 – Alternative Sentencing Placement of Work Release Inmates

Whereas, Canyon County, in conjunction with local law enforcement agencies and the courts of the Third Judicial District, has endeavored to maintain a reduced inmate population in the Canyon County Jail, in accordance with the terms of the Consent Decree, Order and Judgment entered in the United States District Court for the District of Idaho, in Case No. 1:09-CV-00107-BLW; and

Whereas, in its efforts to comply with such Consent Decree, Order and Judgment, Canyon County found it necessary to convert its sprung structure “work release tent” into an additional housing pod for low risk inmates and thereby limited the Canyon County Sheriff’s ability to offer a work release option for offenders; and

Whereas, in response, the Canyon County Sheriff repurposed a portion of the Dale Haile Detention Center to serve as a substitute work release housing for up to forty (40) offenders; and

Whereas, the judges of the Third Judicial District believe that the work release option serves a critical role in their ability to fashion fact-dependent and offender-specific sentences, and that at any given time, more than forty (40) offenders may be appropriate candidates for work release; and

Whereas, Administrative Order 08-3, dated November 14, 2008, provides as follows:  “When a sentencing judge orders a commitment to the Canyon County Jail and uses the additional term ‘with options’ in connection to that jail time, such shall authorize the Canyon County Sheriff’s Department to evaluate the inmate’s classification status and utilize certain available placement resources to include work release, as defined above, the day reporting program, electronic monitoring programs, SILD, etc. However, if the sentencing judge intends to limit or prohibit the use of any of the options available under that designation, the judge shall so designate which programs are not allowed to be considered for that inmate;” and

Whereas, since the entry of Administrative Order 08-3, the Canyon County Sheriff has developed and implemented an Alternative Sentencing Placement Assessment, a copy of which is attached hereto and incorporated by reference; and

Whereas, the judges of the Third Judicial District and the Canyon County Sheriff have agreed that the framework established by Administrative Order 08-3 should be supplemented by such Alternative Sentencing Placement Assessment;

It is Therefore Ordered that:

When a sentencing judge orders a work release commitment to the Canyon County Jail and the jail staff subsequently determines that the work release unit is then at its maximum capacity, the Canyon County Sheriff’s Office is authorized: (1) to apply the Alternative Sentencing Placement Assessment to each work release inmate then housed in the unit; and (2) based upon application of the Assessment, to place the inmate with the lowest risk score who has, at that time, served the greatest percentage of his sentence into the next most suitable alternative sentencing program, as determined by the Sheriff’s Office, subject to any limitations imposed by the sentencing judge pursuant to Administrative Order 08-3.

Dated this 18th day of March, 2011.

Signed by Juneal C. Kerrick, Administrative District Judge

 


 

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