ADULT MISDEMEANOR PRE-TRIAL INTERVENTION PROGRAM (PTIP) APPLICATION

Transcription

1 ADULT MISDEMEANOR PRE-TRIAL INTERVENTION PROGRAM (PTIP) APPLICATION CASE INFORMATION Defendant s Name Defendant s Cause Number(s) Offense(s) Attorney s Name Attorney s Court Assignment County Court at Law #1 County Court at Law #2 County Court at Law #3 Next Court Setting 1

2 SECTION 1: PTIP SUMMARY AND PRINCIPLES OF OPERATION The Pre-Trial Intervention Program (PTIP) is a program designed to educate, rehabilitate, and divert prosecution of certain first-time offenders in the Williamson County criminal justice system. PTIP is an exercise in prosecutorial discretion which uses a rigorous application process combined with evidence-based assessments to identify first-time offenders who are likely to respond to cognitive education and self-correction in a short period of time. In this way, low-risk offenders are sanctioned and rehabilitated to prevent future recidivism while lessening the burden on court resources best suited for rehabilitation and punishment of highrisk offenders. PTIP is organized and operated by the Williamson County Attorney s Office and the Williamson County Community Supervision and Corrections Department (CSCD). Participation in PTIP by Defendant is voluntary. Accepting Defendant into the program is at the discretion of the County Attorney s Office. Upon approval for admission to PTIP, Defendant enters into a contractual agreement with the County Attorney s Office which includes voluntarily waiving certain constitutional rights and signing a confession of guilt to the offense alleged in the Information filed in court. In addition, all information obtained during the process including the PTIP Application, the PTIP Agreement, and information obtained during Defendant s term in PTIP will be used against him or her on the issue of guilt and punishment in any later prosecution for the offense. However, if Defendant is denied admission to PTIP, any written information obtained as a result of the PTIP Application will not be used against Defendant during the prosecution for the offense. Defendant is required to strictly comply with the conditions and requirements of the PTIP Agreement during the six month term of supervision. Upon successful completion of PTIP, the County Attorney s Office agrees to dismiss the criminal charge pending against Defendant. If Defendant violates the PTIP Agreement, Defendant is remanded back to court to formally enter a plea of guilty to the offense alleged and accept a pre-negotiated sentence for punishment. Application Submitted Assessments Completed Summary of PTIP Process Application Denied Prosecutor Review Application Accepted Prosecution Proceeds in Court PTIP Agreement Signed Violation(s) of PTIP Conditions Six Month Supervision Successful Completion of PTIP Guilty Plea & Sentence in Court Pending Charge(s) Dismissed 2

3 SECTION 2: APPLICATION PROCESS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 Verify Defendant meets criteria for PTIP. Attorney and Defendant complete PTIP Application and attach proof of clean drug test at Defendant s expense. Submit PTIP Application to the County Attorney s Office in person or via at ptip@wilco.org within 90 days of Defendant s arrest date. The attorney will obtain a receipt confirming PTIP Application was received. The attorney will receive notice of tentative approval or notice of denial. If Defendant is tentatively approved, said notice will provide a date and time for Defendant to undergo a professional assessment at the County Attorney s Office. Defendant meets with Sharon L. Guzman, MA, NCC, LPC on the appointment date at the County Attorney s Office and completes the requisite assessments. Defendant pays $ to Ms. Guzman on the date of said assessments. The attorney will receive notice of approval or denial of admission to PTIP. If approved, the attorney will schedule an appointment to sign a PTIP Agreement at the County Attorney s Office. The attorney and Defendant execute a PTIP Agreement with the prosecutor. Defendant then meets with the Supervising Caseworker and pays the $ PTIP fee and $ court-appointed attorney fee (if applicable). Defendant s County of Residence Makes a Difference Burnet Bell Williamson Milam If Defendant resides in Williamson, Bell, Milam, Lee, Bastrop, Travis, or Burnet County, Defendant is required to complete his or her community service obligations and attend classes and programs in Williamson County. Travis Bastrop Lee If Defendant resides outside of Williamson County and the six contiguous counties, alternative conditions will be written into the PTIP Agreement in order for Defendant to meet all requirements of PTIP. 3

4 STEP 1 Check PTIP Criteria Read Section 3: Eligibility Criteria for PTIP of the PTIP Application to ascertain whether Defendant meets the criteria for PTIP. Defendant must meet the minimum criteria listed in Section 3 without exception. Defendant must also meet the additional criteria listed in Section 3. However, a waiver may be given at the discretion of the prosecutor for certain criteria upon proper request. See Section 4 for the procedure to obtain a waiver. STEP 2 Fill out PTIP Application If Defendant meets the eligibility criteria, then complete the PTIP Application in its entirety. Upon completion, the attorney must sign the Acknowledgment of Attorney. The Defendant must sign the Defendant s Acknowledgment and Certification of Information which must be notarized. Provide Proof of Clean Urinalysis In addition, Defendant must provide proof of a clean urinalysis (UA) at the Defendant s expense which must be attached to the PTIP Application upon submission. Failure to provide proof of a clean UA will result in rejection of the PTIP Application. a) If Defendant is a resident of Williamson County or any of the six contiguous counties (Bastrop, Bell, Burnet, Lee, Milam, and Travis), Defendant shall have the UA administered through Texas Community Supervision Alternatives, LLC, located at 503 South Main Street, Georgetown, Texas. UA screening is administered on Tuesdays and Thursdays from 8:30 AM to 12:30 PM. No appointment is necessary. The cost of the UA is $50.00 payable with cash or money order. b) If Defendant resides outside Williamson County or outside any of the six contiguous counties (Bastrop, Bell, Burnet, Lee, Milam, and Travis), Defendant shall have the UA administered by a certified drug testing center or lab and pay for said testing. STEP 3 Submit Application The attorney shall submit the completed PTIP Application and the attached proof of a clean UA to the County Attorney s Office. Submission may be made in person at the front window with the Receptionist or via at ptip@wilco.org. Upon submission, the attorney will receive a printed receipt (or confirmation with an attached receipt if the PTIP Application was submitted via ). STEP 4 Prosecutor Review After submission, the prosecutor assigned to the case will review the PTIP Application and make a determination whether to tentatively approve or deny the PTIP Application. The prosecutor will review the PTIP Application for accuracy and completeness; ensure Defendant meets the criteria set forth in Section 3 of the Application; consider the facts and circumstances of the alleged offense; make sure any restitution has been paid, and consider any victim impact information provided when making his or her determination. 4

5 Denial of Application If the prosecutor denies the PTIP Application, the attorney will receive a Denial of Application Letter via which will provide the prosecutor s reason(s) for denying Defendant s PTIP Application. Tentative Approval If the prosecutor tentatively approves the PTIP Application, the attorney will receive a Tentative Approval Letter via which will provide a date and time for Defendant to meet with the contracted service provider at the County Attorney s Office to complete the assessments required for admission to PTIP. Re-scheduling Assessments If Defendant cannot attend the appointment with the contracted service provider as scheduled in the Tentative Approval Letter, the attorney may re-schedule the appointment by contacting the County Attorney s Office via at ptip@wilco.org. Failure to re-schedule the appointment two business days in advance will result in an additional $25.00 fee. Only one re-scheduled appointment is allowed. Failure to complete the assessments on the re-scheduled date and time will result in a denial of admission to PTIP. STEP 5 Complete Required Assessments Defendant shall attend the scheduled appointment with the service provider at the County Attorney s Office and complete the required assessments. Only Defendant is allowed to meet with the service provider neither the attorney nor a prosecutor is allowed at the appointment. The service provider is Sharon L. Guzman, MA, NCC, LPC. Ms. Guzman will administer the following assessment(s) to Defendant at the County Attorney s Office: a) Ohio Pre-Trial Risk Assessment. All applicants complete this general risk assessment. b) Driver s Risk Inventory (DRI). A substance abuse assessment. c) Domestic Violence Inventory. A domestic violence assessment with a substance abuse assessment built into it. All applicants must take the Ohio Pre-Trial Risk Assessment. The Driver s Risk Inventory and the Domestic Violence Inventory will be administered based on Defendant s alleged offense and/or at the discretion of Ms. Guzman. In addition, Ms. Guzman may require Defendant to take another drug test at the time of the assessments. If Defendant tests positive for illegal or un-prescribed drugs, Defendant will be denied admission to PTIP. Defendant is required to pay a flat fee of $ to Ms. Guzman for the assessment(s) at the time of the appointment. Said fee is payable with cash or money order made payable to Sharon Guzman. Upon completion of the required assessments, Ms. Guzman shall prepare a written report detailing the results of each assessment which will be ed to the attorney and the prosecutor assigned to the case. Defendant must score within an acceptable risk level (usually low to medium) in every category of each assessment completed in order to qualify for admission to PTIP. 5

6 STEP 6 Final Prosecutor Review The prosecutor shall review the results of all the required assessments of Defendant and make a final determination of approval or denial of admission to PTIP based on said results. Denial of Admission If the prosecutor finds Defendant to be an unsuitable candidate for admission to PTIP based on the results of the required assessments, the attorney will receive a Denial of Admission Letter via which will provide the prosecutor s reason(s) for denying Defendant s admission to PTIP. Final Approval If the prosecutor finds Defendant to be a suitable candidate for admission to PTIP based on the results of the required assessments, the attorney will receive an Approval for Admission Letter via which will request the attorney to contact the County Attorney s Office within five (5) business days to schedule an appointment to execute a PTIP Agreement. Schedule PTIP Agreement Signing Within five (5) business days of receiving notice of approval for admission, the attorney shall contact the County Attorney s Office via at ptip@wilco.org to request an appointment to execute a PTIP Agreement. The prosecutor shall send notice to the attorney confirming the appointment. The attorney, Defendant, and the prosecutor must all be present to execute the PTIP Agreement. STEP 7 Execute PTIP Agreement The attorney, Defendant, and the prosecutor shall meet on the appointed date and time at the County Attorney s Office to execute the PTIP Agreement. In addition to the specific conditions of the PTIP Agreement, Defendant will be required to sign a confession to the offense charged in the Information. If Defendant is charged with Driving While Intoxicated, Defendant will be required to sign a waiver of any right to an expunction of the charge on Defendant s criminal record even after successful completion of PTIP. Immediately after executing the PTIP Agreement, Defendant shall meet with the Supervising Caseworker at the Williamson County CSCD Court Services Office. Defendant shall pay the program fee of $ to the Supervising Caseworker in the form of a cashier s check or money order made payable to Williamson County CSCD. If Defendant is represented by a court-appointed attorney, Defendant shall pay an additional, separate, fee of $ to the Supervising Caseworker in the form of a cashier s check or money order made payable to Williamson County. 6

7 SECTION 3: ELIGIBILITY CRITERIA FOR PTIP Minimum Criteria Defendant must meet the following minimum criteria to be eligible for PTIP, which cannot be waived: a) Defendant must admit his or her guilt to the offense charged in the Information and accept full responsibility for the commission of said offense. b) Defendant must not have any criminal history involving offenses punishable by confinement in jail or prison, regardless of disposition, or any adjudicated offenses as a juvenile. c) Defendant must have access to the internet and have an account in order to fulfill the obligations and conditions of PTIP. d) Defendant must be willing and able to be monitored using an ignition interlock device with a camera or a Secure Continuous Remote Alcohol Monitor (SCRAM), or other approved form of remote alcohol monitoring. e) Defendant cannot be charged with any of the following offenses: Any offense under Tex. Penal C. Chapter 43 Public Indecency Any offense under Tex. Penal C. Chapter 21 Sexual Offenses Any offense involving delivery of illegal drugs or drug paraphernalia Driving While Intoxicated involving damage to another s property or injury to another Driving While Intoxicated with a blood alcohol concentration 0.15 Driving While Intoxicated cases where Defendant refused all field sobriety tests and a blood, breath, or urine test False Report to Peace Officer Possession of a Controlled Substance in a Drug-Free Zone Possession of Marijuana in a Drug-Free Zone Resisting Arrest f) Defendant must provide proof of a clean urinalysis with submission of the PTIP Application, and pass any subsequent drug testing required by the service provider during the required assessments. g) Defendant cannot make any material misrepresentations in the PTIP Application. h) Defendant cannot commit any new offense during the pendency of the PTIP Application. Additional Criteria Defendant must also meet the following criteria to be eligible for PTIP, which may be waived at the discretion of the Criminal Division Chief, First Assistant County Attorney, or the County Attorney by following the procedure outlined in Section 4 of the PTIP Application: i) Defendant must submit the PTIP Application within 90 days of the date of Defendant s arrest. j) Defendant must not have any criminal history involving Class C misdemeanors or un-adjudicated juvenile offenses, regardless of disposition. Class C misdemeanors under the Texas Transportation Code are excluded from this definition of criminal history. k) Defendant must pay any and all restitution and fees owed, including civil penalties and DPS Lab fees, resulting from the offense and provide proof of same at the time the PTIP Application is submitted. l) Defendant must execute a weapon forfeiture for any weapon seized for any reason as part of Defendant s criminal case. 7

8 SECTION 4: PROCEDURE FOR PTIP WAIVERS, RECONSIDERATION, AND APPEALS This section defines the procedure for the attorney s ability to request special waivers in order to maintain Defendant s eligibility for admission to PTIP, request to reconsider a denial of an application, and appeal a violation report during the term of Defendant s PTIP participation. Failure to adhere to the proper form and deadlines listed below will result in denial of the attorney s request for review. Proper Form All such requests or appeals must be made in writing on the PTIP Request for Review Form and submitted via to ptip@wilco.org with Request for Review in the subject line. Any documentation the attorney wishes the reviewing prosecutor to consider must be attached to and submitted with the PTIP Request for Review Form. Any other form or method of service will not be processed or considered no exceptions. A copy of the PTIP Request for Review Form is attached to this Application for your convenience. Copies of this form are available at the front window of the County Attorney s Office. Request for Waiver of Restriction If Defendant does not meet certain criteria for admission in PTIP, the attorney may request a Waiver of Restriction in writing on the PTIP Request for Review Form using the procedure outlined above. A waiver request must be made within the time limit for submitting the PTIP Application (within 90 days of Defendant s arrest) unless the subject of the waiver is the 90 day time limit itself. The minimum criteria listed in Section 3 are not subject to waiver for any reason. Request for Reconsideration of Application Upon receiving notice of denial of Defendant s PTIP Application from the prosecutor, the attorney may make a Request for Reconsideration of Application in writing on the PTIP Request for Review Form using the procedure outlined above. A Request for Reconsideration of Application must be submitted within five (5) business days of receipt of the Notice of Denial of Application. Appeal of Violation Report Upon receiving notice of a PTIP violation from the supervising caseworker, the attorney may appeal the violation in writing on the PTIP Request for Review Form using the procedure outlined above. An appeal of a PTIP violation must be submitted within five (5) business days of receipt of the PTIP Violation Report. Review Process All requests for review will be reviewed and a decision rendered by either the County Attorney, the First Assistant County Attorney, or the Criminal Division Chief at the County Attorney s discretion. Neither Defendant nor the attorney has a right to a formal hearing on the matter. Extrinsic evidence in support of the attorney s request is limited to documentation attached to the Request for Review Form upon submission. The attorney will receive a written response to the Request for Review. All decisions are final by the reviewing prosecutor and no re-submission for review is allowed. 8

9 SECTION 5: PERSONAL DATA SHEET Personal Information First Name Middle Name Last Name Maiden Name Nickname or Alias Date of Birth Highest Education Completed Marital Status Number of Dependents Social Security Number Driver s License Number DL State DL Expiration Race Place of Birth Citizenship Physical Address Address Apt # City State Zip Code County How long have you lived at this physical address? Mailing Address Address Apt # City State Zip Code Home Phone Mobile Phone Address (required for participation in PTIP) ( ) ( ) Employment Information Employment Status (check one): Full-time Part-time Not employed Seasonal Student Retired Disabled Homemaker Employer Position/Title Supervisor s Name How long have you worked there? Address Suite # City State Zip Code Work Phone ( ) If you are a student, what school are you attending? If unemployed, how long? When you were last employed? 9

10 SECTION 6: PRIOR CONTACTS WITH THE CRIMINAL JUSTICE SYSTEM Prior contacts with the criminal justice system include but are not limited to juvenile records (regardless of disposition), adult arrests or citations (regardless of disposition), out-of-state arrest or citations (regardless of disposition), offenses for Minor in Possession of Alcohol, Minor in Consumption of Alcohol, Public Intoxication, Class C Assault, and Possession of Drug Paraphernalia (regardless of disposition). The application must be supplemented if contact with the Criminal Justice System occurs after the PTIP Application is filed. This section does not include traffic citations. Date of Arrest/Citation Place of Arrest/Citation Offense Disposition SECTION 7: SUBSTANCE ABUSE HISTORY Are you currently on any prescription medications? YES NO If yes, please list those medications: Are you currently or have you ever been through a substance abuse program? YES NO If yes, when? _ Type of Program: Inpatient Outpatient If yes, where? Are you currently or have you ever been in an AA/NA Support Group? YES NO 10

11 SECTION 8: DEFENDANT S STATEMENT OF THE OFFENSE Defendant must, in his or her own words, complete this written statement about the circumstances of the offense and why Defendant is guilty of the offense. Defendant must be willing to take full responsibility for his or her actions and confess to the offense. Merely stating I accept full responsibility for the offense is insufficient. Minimizing one s actions and blame-shifting are not indicators of a strong candidate for PTIP. Once the PTIP Application is submitted, NO RE-WRITES ARE ALLOWED. 11

12 SECTION 9: ACKNOWLEDGEMENT BY ATTORNEY OF RECORD I, as attorney of record for Defendant, certify that I have, to the best of my ability, determined Defendant is eligible for PTIP. I have explained to Defendant about the consequences of waiving certain Constitutional rights to gain admission in PTIP including the requirement for Defendant to confess to the offenses charged in writing. I have explained to Defendant he or she must attend and complete the assessments specified in the Application and pay $ for said assessments. I have also informed Defendant if he or she is accepted into the program, he or she will be required to pay certain fees for required classes, ignition interlock (or other alcohol monitoring devices), a $ program fee, a $ court-appointed attorney fee (if applicable), any restitution owed on the case including civil penalty fees for certain theft cases and DPS Lab testing fees. I explained to Defendant any weapon seized for any reason as a part of this case must be forfeited in order to gain admission in PTIP. I furthermore affirm proof of the required clean urinalysis is attached to this Application, that the offenses charged are those eligible for this program (or a waiver has been obtained and is attached hereto), and I am submitting this Application within 90 days of Defendant s arrest (or a waiver has been obtained and is attached hereto). ATTORNEY FOR DEFENDANT DATE 12

13 SECTION 10: ACKNOWLEDGEMENT OF DEFENDANT AND CERTIFICATION OF INFORMATION I,, have been advised by my attorney of record about PTIP, and I have read the requirements detailed in the Application. I have been advised of my Constitutional rights as a criminal defendant and that the same will be set forth in writing and explained to me before I make any agreement to participate in PTIP. I understand participation in PTIP will require me to voluntarily waive said constitutional rights. I understand I must pay a $ program fee due on the day the PTIP Agreement is signed. If I do not successfully complete PTIP, I understand said fee is non-refundable and will not be credited toward any fines, courts costs, or probations fees. I understand I must be represented by an attorney to apply for PTIP. If I am represented by a court-appointed attorney, I will be required to pay a court-appointed attorney fee in the amount of $ I request the County Attorney temporarily delay the filing of a Complaint and Information against me or temporarily abate proceedings in order to permit consideration of this Application. I understand the final decision to proceed with or to divert from prosecution of my case rests with the County Attorney s Office. I authorize the County Attorney s Office and the supervising caseworker to conduct an investigation to determine my suitability for PTIP, including interviewing persons and records deemed necessary to said investigation. I understand I am required to submit a drug-free urinalysis, at my own expense, as specified in the Application. I further understand I am not to use any illegal drugs or drugs without a valid prescription while in PTIP. I understand I must complete the required evidence-based assessments as specified in the Application to determine my eligibility for PTIP and pay $ for these assessments. I understand failure to attend the assessments or giving false answers during the assessments will result in the denial of my application. I understand the information obtained from me while in PTIP can be used against me in any future prosecution of my offense. However, if I am not accepted into PTIP, this Application and any other documents used in processing this Application will not be used against me in my criminal case. I understand if I am accused of Driving While Intoxicated and I am accepted into PTIP, successfully complete PTIP, and the case against me is dismissed, I agree not to seek expunction of the arrest or charge from my criminal history. I swear (or affirm) and certify the information contained in this application is true and correct and I did not withhold any information. I understand that providing false information or withholding information shall be grounds for denial into or removal from the program. DEFENDANT/APPLICANT DATE SWORN AND SUBSCRIBED before me on this day of, 20. Notary Public My commission expires: 13

14 WCAO PTIP Application (Revised ) PTIP REQUEST FOR REVIEW Defendant s Name Cause Number(s) Offense(s) Attorney s Name Attorney s Request for waiver of restriction. Defendant does not meet the criteria for admission in PTIP for the following reason(s): I am requesting a waiver of this restriction. Please consider the following in support of said waiver: Request for reconsideration of application. Defendant s PTIP Application was denied by the reviewing prosecutor. I am requesting reconsideration of Defendant s application for approval in PTIP. Please consider the following in support of said reconsideration: Appeal of violation report. Defendant is alleged to have violated the PTIP Agreement for the following reason(s): I am appealing Defendant s Violation Report, and I am requesting reinstatement of Defendant in PTIP. Please consider the following in support of said appeal: I hereby certify this Request for Review complies with the procedure set forth in Section 4 of the PTIP Application. I understand failure to comply with said rules will result in automatic denial of this request. _ ATTORNEY FOR DEFENDANT DATE RESPONSE TO REQUEST FOR REVIEW Having reviewed Defendant s Request for Review and all attached documentation (if any), I have made the following determination: Defendant s request is GRANTED. Defendant s request is DENIED. _ ATTORNEY FOR THE STATE DATE