Enrollment in the program occurs after a Pretrial Diversion investigation is completed by the Pretrial Services office. If the investigation reveals the individual is in compliance with the guidelines for referrals to the diversion program, the individual will be contacted to schedule an appointment to sign the diversion agreement. The pretrial diversion agreement is a contract between the government and the individual which states the condition of the diversion program for that individual.

Bonds may be posted with the court for bail as ordered by a judge. Bonds may be ordered to be posted in the form of cash, secured bond through a surety, property, or a combination of forms. All bonds must be ORDERED by the court before being accepted by the clerk’s office. Cash bonds should be tendered to the cashier located in the District Court Clerk’s Office. Bond may be posted by either cash or cashier’s check, payable to the Clerk, U.S. District Court. All bail bonds will be receipted by the cashier in the name of the defendant as specified by local rules.

In nearly all cases, the Court will order conditions of release as part of the bond requirements. Pretrial supervision is ordered in nearly all instances, as are travel restrictions. Additionally, no defendant may possess firearms or other dangerous devices, including ammunition, while the case is pending.

Other conditions may be ordered and could include any or all of the following:

• Avoid contact with any persons who are or may become a victim or potential witness
• Report all contact with law enforcement
• Surrender passport and obtain no passport
• Electronic Monitoring
• House Arrest
• Curfew
• Substance abuse testing and/or treatment
• Mental health evaluation and/or counseling
• Residence at a Community Corrections Center
• Maintain employment or attend school
• Other conditions may be ordered by the U.S. Magistrate Judge

This is a condition of release that designates an individual who agrees to assume supervision of the defendant and report any violations of release conditions to the Court. The custodian must inform the Court if they believe the defendant will fail to appear or, if the defendant’s behavior becomes a danger to the community.

This issue will be discussed with the court.

Forfeiture of bond may occur if the defendant fails to appear and bond is revoked. The Judge may issue a bench warrant and declare a revocation of the bail bond or appearance bond.

Testing positive for drug use is a violation of conditions of release and as such, a violation would be submitted to the Court which could result in revocation of release.

Detention hearings are conducted when the U.S. Attorney’s Office, or the Court on its own motion, requests that the defendant be detained without bail. At the detention hearing, the Government must prove there is reason to detain the defendant.

Upon an individual’s enrollment in the diversion program, they will receive instructions on how to complete and mail in a monthly reporting form which reports the subject’s current address, current employment, and other relevant information.

All defendants have the right to an attorney’s representation in their defense. If the U.S. Magistrate Judge finds the defendant is unable to afford an attorney, an Order will be entered appointing an attorney. Defendants are not required to remit payment to an appointed attorney.

The initial appearance before a U.S. Magistrate Judge is in most cases the defendant’s first contact with the Court and usually is the point where pretrial release or detention is addressed. An initial appearance will occur in one of the following situations:

• an arrest on a warrant issued on a complaint an appearance on a summons issued in lieu of a warrant an arrest by an officer without a warrant (in which case the complaint is issued immediately by the U.S. Magistrate Judge) an arrest on a warrant issued following the return of an indictment of the Grand Jury an information is filed by the U.S. Attorney an appearance on a citation or violation notice in a misdemeanor offense
• an appearance in response to an informal agreement between the U.S. Attorney and Defense Counsel

The defendant will be read the charges being filed or the complaint against them during the initial appearance. Additionally, they will be provided a copy of the charges. The Court will determine if there is a need for an appointed attorney at this time.

Inpatient treatment is necessary for defendant’s who have continually tested positive for the presence of illicit substances and who are struggling with their substance abuse programs. An appropriate inpatient facility will be determined by the defendant’s supervising officer should it become apparent that intensive treatment is necessary.

A defendant could also be referred to inpatient treatment when released on bond.

The property owner posting the bond must provide the following items to the Court:

• Copy of the deed to the property,
• The most recent paid real estate tax receipt,
• Copy of the property insurance policy; and,
• A statement of the balance due on the mortgage (shown on a payment book, monthly statement or letter from the mortgage company.)

The property bond MUST be signed by all parties named on the deed. Anyone posting a property bond with the Court should check with the Judge ordering the release for additional requirements. Property bonds are handled directly by the Judge’s chamber’s staff.

The EM specialist must verify that a private telephone line exists within the home and there are no party lines. If the telephone has call forwarding, call waiting, or caller ID., they must be removed prior to installation of the home monitoring unit. Cordless telephones should be a desk type model and not a wall mount. The wall mount telephone may not be functional after the unit is installed. Verification of the types of telephone services may be done through the security office of Southwestern Bell Telephone. The in-home part of the monitoring system consists of the monitoring unit, telephone cables, power pack and an ankle transmitter. The ankle transmitter attached to the client sends a continuous coded signal that identifies the individual participant and contains a security circuitry that is able to detect tampers or removal, and sends a special signal to the monitoring center when either occurs. The home monitoring unit is connected to the participant’s telephone line (in-house). This unit is designed to receive the signal emitted by the corresponding ankle transmitter within a pre-set range (50' - 75'). The home monitoring unit determines when the participant enters or leaves the residence by recording the time when the ankle transmitter comes into or goes out of range. Electronic monitoring is also appropriate for use with defendants who have violated the terms of previously imposed release conditions. Community and familial stability are important given the potential for long term enforced togetherness. Persons residing with the participant must be willing to make sacrifices demanded by the electronic monitoring program.

Participants must have a residence and a telephone.

Typically, substance abuse counseling will consist half hour sessions between the individual and their counselor at the vendor’s location. The supervising Pretrial Services Officer can allocate up to four individual sessions per month for any defendant.

Termination from the diversion program is contingent upon a subject repaying any and all restitution to the victim owed if restitution was ordered. It is also contingent upon the subject remaining in full compliance throughout the twelve month period of supervision which includes contacting the supervising officer as directed and submitting monthly reporting forms as instructed.

At sentencing, if a defendant is not remanded to the custody of the U.S. Marshals Service, the Judge may allow the defendant to self-surrender for his/her term of incarceration. A defendant remains under Pretrial Services supervision until he reports to the Bureau of Prisons facility designated by the U.S. Marshals Service. Defendants are notified by mail of the surrender information 4 - 6 weeks in advance.

Every attempt is made to locate a vendor near the defendant’s residence or place of employment to facilitate the defendant’s successful participation in their substance abuse program. Should a defendant require directions or additional information regarding their program plan and/or location, they should contact their supervising officer immediately.

All pretrial diversion candidates are fingerprinted upon their enrollment into the program.