Tuesday, November 13, 2012

Calaveras County Correctional Administrator role questioned

Currently, Chief Probation Officer Teri Hall is the  Correctional Administrator for Calaveras County, an appointed position through the Board of Supervisors. The title which, under AB109, authorizes her to "offer a program under which minimum security inmates and low-risk offenders committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate in a home detention program in lieu of confinement in the county jail or other county correctional facility under the auspices of the probation officer" In addition the bill enhances authorization to her "to offer a voluntary home detention program to include all inmates and additionally subject those inmates to involuntary participation in a home detention program. The bill would provide that the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates being held in lieu of bail may be placed in an electronic monitoring program, as specified. The bill would establish criteria for inmates to be eligible for the electronic monitoring program. The bill would make it a misdemeanor for any inmate who is a participant in an electronic monitoring program to fail to comply with the prescribed rules and regulations. By creating a new crime, the bill would impose a state-mandated local program."

This is cause for concern with Sheriff Kuntz as inmates he feels should not be released from the jail have been released in the past as per the Correctional Administrator's authorization. Recently an inmate was released to probation due to Correctional Administrator Teri Hall's authorization against the Sheriff's advisement as he stated he "considered them to be a danger to society."



The following is the case in question re:Tina Harris. Each of the following crimes were committed by Harris in 2012.
*Case 12C15326 (file not available without fees and search) was dismissed if Harris plead guilty in case 12F5347.

*Case 12C15417 (3-3-12) charges 11377(a) felony possession of methamphetamine, LSD, PCP, or ketamine and 4060 B&P misdemeanor possession of a controlled substance without a prescription.

* Case 12F5347 (4-7-12) charges 496(a) which reads in part  (a)Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year.

*Case 12F5348 (4-7-12) charges 459/460 (b), 1st degree burglary.

The terms & conditions of deferred entry of judgement for case 12C15417 stated in part 'violate no city, county, state or federal law or ordinance.'  However, this charge was followed by another arrest and two additional charges creating cases 12F5347 and 12F5438.
Probation requested modifications in fines commuted to community service in both case 12F5438 and case 12F5347.

Ms. Hall stated that Harris was a candidate for the alternative sentencing program for low risk offenders and that placing Harris on electronic monitoring not only assits in jail population managament but that Harris was qualified to participate in the program. Harris "served her sentence in full, partially in custody and partially on EM."

In the Calaveras County Realignment preliminary plan submitted March 8, 2012  it was stated that , "The Probation Department, with input from the Calaveras County Sheriff’s Office (SO) and the Angels Camp Police Department (ACPD), will identify members of the post-release community supervision (PRCS) population and County Jail inmates who qualify for one or more of the alternative sentencing strategies."

Electronic monitoring is considered an alternative sentencing strategy yet evidence has pointed to the fact that electronic monitoring has been unreliable in Calaveras County due to the terrain and lack of reliable cell service. Recently Hall stated that "cell service is a challenge for everyone who lives in the Foothill region.  We work with the offenders that live in remote areas, to have them respond daily to a location that will allow the GPS points to load onto the satellite."