Policy: 170
Consumer Involvement with Criminal Justice System
The Marion-Dillon County Board of Disabilities and Special Needs, (MDCBDSN), shall adopt the SCDDSN Directive 503-01-DD and follow it's procedure regarding consumers who are involved with the Criminal Justice System. In addition the MDCBDSN will adhere to the following procedures.
Involvement with Law Enforcement
Procedure:
When the MDCBDSN receives a report that a consumer who receives services with the agency has been incarcerated; a critical incident report will be filed per DDSN Directive 100-09-DD. If applicable, appropriate family members will be notified of the arrest by the assigned Case Manager. Consumers incarcerated that do not receive services will be submitted by the Case Manager to the DDSN Office of Clinical Services. The consumer will be placed on Level 1 Case Management, if not already.
If the consumer is a resident in one of the MDCBDSN's facilities, the Residential Director of that County and/or their designee will immediately make contact with the facility where the consumer is being held to determine specific needs, medication, etc. If the facility is within Marion or Dillon Counties, then the residential nurse will make sure medication is sent to the facility and will follow-up with the facility as necessary to ensure medication is being administered as directed. The Residential Director or their designee will submit contact information to the facility for staff to be notified should the consumer be scheduled for a court or hearing; or if the consumer is scheduled to be released. If the consumer is scheduled for a court hearing or release then appropriate staff, i.e. case manager, residential staff or day program staff will be notified and will attend as necessary. The primary responsibility for the residential consumer during incarceration is the justice system. The responsibility of the agency will be to advocate and make sure the consumer is assigned a public defender in a reasonable period.
If the consumer is receiving other services than residential, the Case Manager will make contact with the family and the facility where the consumer is being held to determine specific needs, etc. The primary responsibility for an incarcerated consumer from the community is the justice system. The family will assume responsibility for the monitorship and well-being of their family member. The agency will be responsible to advocate as necessary and make sure the consumer is assigned a public defender in a reasonable period.
In all cases, the agency is not allowed to post bond. However, if the consumer or family has the resources, the agency may assist to facilitate the release if appropriate supervision/support can be provided.