Jail Diversion / Electronic Monitoring

Program Supervisor
Anthony R. Zerbini
: (440) 326-4727

Jail Case Manager
Sue M. Smink
: (440) 329-3798


The Lorain County Adult Probation Department received funding from the Department or Rehabilitation and Corrections for a jail diversion program in October of 1994. This program was developed to assist the county and the overcrowding of the County Jail. The target population of offenders for this program includes:

 

  1. Felony pretrial detainees who are NOT acceptable for Court Supervised Release Program due to higher risk factors.
  2. Felony sentenced offenders to the County Jail such as split sentencing.
  3. Felony offenders, who have technical violations, increase restitution.
  4. Misdemeanor offenders sentenced to County Jail.
  5. Option in lieu of work release from County Jail.

 

The criteria required for an individual to be placed in the Jail Diversion Program, includes the following:

 

  1. Felony charge not non-capitol offense
  2. Non-violent.
  3. Voluntary participation.
  4. Working telephone.
  5. Verified residence.
  6. No outstanding holds by any other law enforcement agency or department.

 

Individuals may be placed in the Jail Diversion Program by the Common Pleas Judge and Municipal Court Judge having jurisdiction, the Supervisor of the State Probation or Parole Units supervising the individual, the Chief Probation Officer of the Lorain County Adult Probation Department, and Municipal Probation Officers.

Several types of sanctions are utilized by the Jail Diversion Program. They are listed as follows:

 

  1. House arrest with electronic monitoring, varying from full lock down to authorized restricted movement.
  2. Dual supervision by Court Supervised Release and assigned probation officer, either State or County.
  3. Work release option.
  4. Random urinalysis.
  5. Drug or alcohol assessments.
  6. Drug or alcohol treatment.
  7. Employment.

 

Individuals can be assigned to the Jail Diversion program at the pretrial Release Stage, the sentencing at the Common Pleas and Municipal Courts or at probation and parole hearings.

Various factors contribute to an individual movement into and out of the sanctions imposed by the Jail Diversion Program.  These factors are:

 

  1. Compliance or non-compliance of conditions stated.
  2. Change in the individuals work schedule.
  3. Admission into inpatient drug or alcohol treatment centers.
  4. A new arrest.

 

Several service areas are required to implement the sanctions of the Jail Diversion Program. Such as an acceptable residence with a working telephone void of any special features such as call forwarding or call waiting. If the individual assigned to the Jail Diversion Program is not the listed owner of the residence or the phone, an agreement by the owner must be signed authorizing the placement of the monitoring device on the telephone in the residence. Installation of the monitoring device on the individual and placement of the receiving unit on the individual’s telephone must be coordinated to show proper link up. Review of the previous day’s activities log is faxed from the monitoring agency to check for such violations as line tie-ups and tampering.

 

Coordination of services insures sanctions are being complied with. This is accomplished by:

 

  1. Shared supervision with the Court Supervised Release Program and the State, County, and the City probation officer.
  2. Verification of employment either by contact with the individual employer or copies of pay stubs.
  3. Fax reports from the monitoring agency to review the activities of the previous day.
  4. Reports from alcohol or drug treatment centers regarding the individual’s progress or lack of.
  5. Specific vendors used to verify the compliance with the sanctions include the Lorain County Adult Probation Department, the State of Ohio Probation and Parole Divisions, Intensive Supervision within the Lorain County Adult Probation Department, B.I. Monitoring Services and the Lorain County Council on Alcoholism and Drug Addiction.

 

Procedure:

 

  1. The House Arrest Program will operate as part of the Court Supervised Release Program. The CSSR staff will be responsible for investigating placements, initial hook-up, monitoring daily reports from contact, verifying billing, notifying court and/or its agents of any violations, completing reports and final discharge of individuals on the program.
  2. The CSSR staff will also be responsible to provide statistical information to the State granting officials.
  3. The applicable client must have the following to successfully enroll in the House Arrest Program.
  4. Must have a verifiable residence with a working telephone (telephone must be free or any extras, such as call waiting or call forwarding, etc.).
  5. If client does not own/rent residence, permission must be granted by owner/renter. Likewise, if the client is no listed on the phone bill as payee, permission must be granted by payee for this use. A host agreement must be completed prior to the installation of monitoring equipment.

Referral Process:

 

  1. The Court, State/County Probation Department contacts the CSSR Program to initiate an investigation.  A copy of the pre-sentence investigation and any other significant/pertinent information is submitted.
  2. Upon receipt, client will be interviewed in regards to residence/telephone program requirements.  Contact will also be made, if necessary, to a third party if client does not own/rent residence and/or telephone.
  3. If client meets initial criteria, the following forms will be processed:
    • Host Agreement Form
    • In-House Arrest Program “Escape from Custody Statement” and Consent to Waiver of Extradition.
    • B.I. Monitoring Corporation Equipment Assignment Form
    • Client Enrollment Form
  4. Upon processing information, the Court and/or Probation Department will be notified of acceptance and be given a date of hook-up.
  5. The assigned CSSR officer will assign a monitor unity if available or contact B.I. Inc. to obtain a unit by the next working day.
  6. The client enrollment form will be filled out using any direction from the Court and/or assigned probation officer, i.e., restrictions, work release, curfews, etc.
  7. The client will be explained information concerning the monitoring unit, schedule, and other pertinent information concerning their period of house arrest.  If another individual signed the host agreement, they will also be advised of the program.
  8. Any and all violations will be reported by the next business day to the Court of jurisdiction and/or assigned probation officer.  If immediate notification is required, it must be noted at the initial screening process.  If no problems occur, the Court/assigned probation officer will be notified weekly of compliance.
  9. Any changes in the monitoring schedule must be given to the CSSR staff.  The CSSR staff and Chief Probation Officer will be the only officers that have authorization to change the schedule with the B.I. monitoring station.
  10. If client absconds, destroys, loses any equipment assigned to them, a report will be filed with the Lorain County Prosecutor’s Office.
  11. Upon termination, the CSSR officer will recover the monitoring equipment from the client and their residence on or by the next business day.  A final report will be sent to the Court and their assigned probation officer if applicable.
  12. A CCIS termination report will be completed, along with a billing verification form.


The length of stay on this program is set by the Court of Jurisdiction and can vary from 18 days to 6 months.  In 2006, 384 offenders were placed on this program serving 16,246 days with the average being 44 days.  In 2007, 405 offenders were placed on this program, serving 19,798 days with the average being 49 days.