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1 HOMELESSOUTREACH MEDIATION & EDUCATIONALTERNATIVE SENTENCING PROGRAM H.O.M.E.Jennifer Garcia Managing Deputy District [email protected](951)304-5540 What is H.O.M.E.?The Riverside County Partnership for the Homeless Outreach Mediation & Education Programis an alternative sentencing program developed for those who are facing criminal prosecution for low-level crimes and are suffering from homelessness. The program promotes community-based treatment to assist homeless individuals with underlying issues and the transition to a stable environment of health, family and employment. The program operates to promote a therapeutic approach to sentencing in lieu of incarceration and additional fines and fees. 1 2
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2 Intended Population:Those individuals suffering (or in imminent danger of) from homelessness, who are facing prosecution for quality-of-life infractions, misdemeanors and low-level felonies. * Will also include those who are trying to escape from situations of domestic violence or human trafficking.
Agency Partners:•Riverside County Superior Court•Riverside County Office of the District Attorney•Riverside City Attorney •Riverside County Sheriff’s Department •Riverside Police Department •Riverside County Probation Department •Riverside University Health System –Behavioral Health •Riverside County Office of the Public Defender•Riverside County Criminal Defense Lawyers•Attorneys Working on Behalf of the Law Office of Virginia M. Blumenthal•Riverside County Desert Conflict Panel 3 4
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3 Mission:Mission: To reduce recidivism and protect public safety by collaboratively addressing and treating the underlying needs of program participants suffering from homelessness and providing adequate supervision and support of participants to ensure success in the program.
Strategic Goals:The goals of the H.O.M.E. program are to: (1) Promote the support and structure of healthy, independent and contributing members of the community; (2) Reduce recidivism; (3) Promote public safety through enhanced probationary supervision of participants; (4) Promote the fair and appropriate sentencing of defendants who are suffering from homelessness that contributed to their criminal behavior; (5) Reduce the financial and public safety costs related to repeated revocations of supervision; (6) Utilize rehabilitative programming; and (7) Collect relevant data regarding participant progress and overall program success. 5 6
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4 Outreach for Program Participants:1)Community Outreach: Law enforcement special outreach teams (RSO & RPD) will be making contact with our homeless population to provide information about housing and court resources available. 2)Jail Intake and Arraignment: Upon arrest and intake, each inmate is screened by Behavioral Health for any mental health issues. At this time, Behavioral Health will inquire as to potential issues with homelessness. If interested, the inmate will sign a waiver which will allow Behavioral Health to forward their information to the Court for potential referral and screening. (We are exploring the possibility of the inmate electing to voluntarily be housed in the jail pending the referral process.)3)Jail Release Outreach: Should an inmate be released, a trifold with the resource information will be placed in their property. 4)Court Contact: At arraignment and court calendar proceedings, attorneys may screen their clients for potential referral to the program.
Procedure Through Program Eligibility Evaluation: Legal Parties will evaluate participant charges for charge eligibility based upon charges.Probation Hearing: (Felonies) If eligible based upon charge, legal parties will hold a hearing to determine eligibility for grant of probation. (Behavioral Health may provide a written assessment to be used in consideration.)Assessment: Clinical Assessment by Behavioral Health (if has not already taken place)Committee Meeting: If probation is granted, committee partners will meet and confer regarding suitability Court Hearing: Participation in the program will be post-plea. Program Participation: Participant works programGraduation: 18-24 months (or less, depending on case need) (Felony) 7 8
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5 Determining Eligibility: Position of Participant a.The defendant must be an adult,18 years or older at the time of the offense, charged with an infraction,misdemeanor or eligible felony, or alleged to have violated probation.b.The charged crimes mustnot be identified as ineligibleas stated (next slide)c.The defendant must beable and willing to participatein all required activities as ordered by the COURT.d.The defendant must be charged with or convicted of a crime for which he or shecould legally receive a grantof probation (or dismissal – where appropriate)e.The defendant must besuffering from homelessness or the imminent threat of homelessness, defined bythe U.S. Department of Housing and Urban Development (HUD)f.The defendant has indicated awillingness to participate in the programand to comply with probationterms.g.The defendant must bementally competent.h.Despite the listed criteria,defendants are accepted and rejected on a case-by-case basis; the decision ofacceptance or rejection to theH.O.M.E.Program is at the discretion of the COURT. Even if a defendantmay technically meet the eligibility requirements, he/she may nonetheless be refused entry into the program.Although all parties provide input, the acceptance or rejection is ultimately determined by the COURT Determining Eligibility: ExclusionsMisdemeanors: All misdemeanors, not involving violence or certain sexual offenses, will be eligible for consideration for a grant of probation for the program. DUIs are not eligible. (Those misdemeanors involving violence or certain sexual offenses will be evaluated on a case-by-case basis for program eligibility.) Felony cases must be eligible for a grant of probation and must not be excluded per criteria:Mentally Incompetent JuvenileState ParoleeAll serious and violent crimes, as defined in Penal Code sections 1192.7 and/or 667.5(c).Felony charges requiring Penal Code 290 registration. Cases involving DUIFelony charges involving violenceCharged with felony ArsonAll drug sales involving the sale of Fentanyl 9 10
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6 Factors to be ConsideredWhether the defendantsuffers from homelessness, as defined above;Whether the defendant issuffering from a mental disorder or dependence on alcohol and/orcontrolledsubstances;Whether the defendant has suffered from anytrauma or a triggering life event, such as a divorce,death of a loved one, loss of employment, bankruptcy, naturaldisaster, major health condition, physicaldisability, or personal injury.Whether the defendant has indicated that he or she iswilling to participatein housing support and/orrehabilitative or educational programs designed to prepare and progress the participant to transitioninto the community as a productive member of society.Whether the defendant hasdemonstrated a willingness to resolve any underlying issuesthat led tocourt involvement.Whether a defendant hasdemonstrated steps taken towards contribution to a positive impact onthe community.
Evaluation and Committee RecommendationUpon being found eligible for H.O.M.E. program, the collaborative partners shall conduct an evaluation of the referred defendant’s apparent suitability for the program. Unless it is readily apparent that the defendant is unsuitable for inclusion in the program, the COURT shall refer the matter to RUHS-BH for a H.O.M.E. program evaluation. When the evaluation is completed, the RUHS-BH’s confidential report should be served on defendant’s counsel, the DA, CA, PROBATION, and filed confidentially with the COURT. The COURT shall conduct a committee meeting, at which all interested parties shall have the opportunity to be heard as to the defendant’s suitability for inclusion in the program. Each agency of the collaborative partnership shall exercise (1) ONE recommendation as to the suitability of the potential participant. The COURT shall have ultimate discretion as to the suitability of the potential participant. If the defendant is found eligible and suitable for the program, he or she should be admitted into the program and placed on probation with the H.O.M.E. program terms, in addition to the standard terms and conditions of probation. The reasons for granting probation shall be stated on the record in open court. 11 12
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7 Types of Treatment: Rehabilitative: Intensive outpatient hospitalization servicesPartial hospitalization servicesResidential inpatient servicesClinically managed high-intensity residential services (may be medically monitored)May be required to attend other types of therapy/services:Group and/or individual counseling or therapyRecovery servicesMedication-assisted treatment Parenting classesRecovery classesLife skills coachingDischarge planningPeer support Case management Victim Impact and Restitution:In accordance with the practice of the Office of the District Attorney, victim contact will be made at every stage of the proceedings, providing clear descriptions and explanations of the program procedure. As currently practiced with all types of cases and pre-existing programs, the opinion of the victim will be taken into consideration with every case referral decision. The parties must make every effort to ensure that victim restitution is ordered at the time of plea/probation. Court-ordered restitution may not be dismissed as a result of successful completion of the H.O.M.E. Program. The restitution order shall be fully enforceable as a civil judgment forthwith and in accordance with Section 1202.4 of the Penal Code. 13 14
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8 Timeline of the Program:The primary purpose of the H.O.M.E. Program is to provide the support and resources to assist those suffering from homelessness to navigate a successful re-entry into the community with a stable and supportive environment. To that end, depending on the individualized circumstances, the program may range from volunteer work and/or substance abuse treatment to eradicate fines, fees and potential convictions in infractions and some misdemeanors up to a (2) two-year probation in felony cases. It is anticipated that many potential candidates will qualify for other Collaborative Courts or Alternative Sentencing Programs. Participation in this or any program is completely voluntary.
Outcome of Case: Dismissal Upon successful completion of the individual terms of the H.O.M.E. Program, theparticipant shall be entitled to early termination of probation when all other termshave been satisfied, such as restitution, substance classes, mental health counseling,etc. and expungement pursuant to PC1203.4 or 1203.41, upon the cases for whichhe/she has participated in the program, if eligible. Other cases previously closed maybe expunged pursuant to 1203.4, 1203.4a, or 1203.41 on a case-by-case basis, or asnegotiated.* Prior to consideration of any motion for reduction, expungement and/or earlytermination of probation, all outstanding restitution must be paid. 15 16
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9 When and Where?
Questions?17
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