best practices 2014

Best Practices 2014

Release Order Workgroup

2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES

January 30, 2014FCCC Winter Conference, Jacksonville, Florida

Draft SB 592



1 A bill to be entitled 2 An act relating to criminal justice; amending s. 3 944.70, F.S.; requiring the Department of Corrections 4 to verify the authenticity of certain court orders 5 before releasing a person from incarceration; 6 providing an exception; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (3) is added to section 944.70, 11 Florida Statutes, to read: 12 944.70 Conditions for release from incarceration.— 13 (3) If a court order has the effect of changing a person’s 14 release date to an earlier date, the department must verify the 15 authenticity of the order with the issuing judge before 16 releasing the person from incarceration unless the order 17 received from the clerk of court is accompanied by a 18 confirmation from the issuing judge or authorized designee 19 verifying the authenticity of the order. 20 Section 2. This act shall take effect July 1, 2014.

Conform with SB 592



In order to adhere to the anticipated passage of Senate Draft Bill 592, the following procedure

is recommended as Best Practice by the FCCC:

All court rulings that cause a person to be released from incarceration shall be received

by the Clerk from the Court in a secure manner (hand delivery or secured pick up service) and shall be accompanied by a Court Verification

Form (CVF).

Key Components

Court to prepare Court Verification Form (CVF) for every order in which a sentence is reduced or inmate is to be released.

Utilize a secure direct process (e-mail) to deliver the written/verbal order and CVF to the local detention facility or DOC.

Develop a Point of Contact (POC) with your local jail detention facility and the Department of Corrections (DOC).



Court Orders that impact release of inmate

Orders can be received three ways at the Clerks office:

• In Court

• Out of Court

• Direct Pick up



In-Court Verbal Orders

Clerk prepares CEF (Court Event Form).

Court/designee to provide CVF to Clerk.

When possible Clerk to provide CEF and CVF to jail personnel or DOC/ probation officer in court.





Court Event Form – Palm Beach County

Court Event Form – Leon County



In-Court Written Orders



Court/designee to provide release order and CVF to Clerk.

When possible Clerk to provide release order and CVF to jail personnel or DOC/ probation officer

in court.

Out of Court Orders



Following receipt of a court order and CVF from the Court/Designee, the Clerk is to complete the bottom portion of the CVF.

The Clerk will then use a secure a direct process (e-mail) to transmit the written order and CVF

to the local detention facility or DOC.

Direct Pick up Orders



Release/Modification of Sentence Order(s) received

by the Clerk from a party, attorney or any other person by non-secured delivery shall send the

document back to the court requesting that the CVF be executed by the Court.



Clerk Processing

After the legitimate order is received In Court, Out of Court or by Direct Pick-up, the Clerk will validate and docket

the Order, CVF and CEF (if verbal order) to the case management system

and file the documents accordingly.

Clerk will e-mail the Court Order/CEF and CVF to a secure email box provided by the agency’s

Point of Contact.

Not Legitimate Orders

If an order is found to be not legitimate, the Clerk will follow these steps:

1.Notify the Chief Judge.

2.Phone local detention facility or DOC.

3.Follow-up with a secure direct process attaching the ‘Not Legitimate’ CVF to the local jail facility or DOC.



CVF Processing Summary

All CVF’s should be docketed into the case management system.

A CVF shall accompany all release decisions.

Verbal orders should be supported by a clerk prepared court event form along with a CVF.



Recommendations

Communicate with all justice partners to ensure there is understanding of the importance of a secured delivery method, secured processing area and the Court Verification Form (CVF).

Develop written procedures that address and incorporate the secured delivery method, secured processing area and the CVF.



Training

All Clerk staff that process and validate release orders that modify the sentence of an inmate of a state correctional facility or county detention facility should be trained in how to recognize, identify, and process such orders.

We suggest that only the most experienced Clerks process these orders.

Training should include familiarity with each judge/designee’s signature.



Non-Secure Drop Boxes

If non-secure drop boxes are available at the Clerk’s Office, special attention should be given to any release/modification document present in the drop box. If found, these documents should not be processed without further Court review.



Questions



best practices 2014

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