S Manager - Criminal Justice Partnership Program Grant Application

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19 COUNTY COMMUNITY-BASED CORRECTIONS PLAN SECITON C--DATA FORM Provide a flowchart of the local criminal justice system(s). Also provide a description of the system in narrative form. This flow chart and narrative must be provided regardless of the format used for reporting other data. When an offense is committed a law enforcement officer may intervene or a civilian may report the incident directly to the magistrate. If a law enforcement officer is involved, he/she may choose no intervention, refer the individual to a community service or issue a citation. There is no data to determine the frequency with which these actions are taken in Orange and Chatham Counties, except as it relates to citations. Available data indicates that citations are rarely issued except in the case of motor vehicle offenses. In these two counties, law enforcement officers generally take offenders into custody and the offender is taken to the magistrate's office. The magistrate's response to a civilian complaint or law enforcement officer is to issue no warrant, refer the offender to a community service, issue a summons or release the offender on personal recognizance or bail/bond. There is no third party supervision or pre-trial release program offered through the magistrate's office in Orange and Chatham Counties. An offender may also be taken into custody and placed in jail from the magistrate's office. An offender who is charged with a felony is scheduled for a "first appearance" hearing within 72 hours of being charged. At "first appearance", an offender charged with a felony may be released on personal recognizance or bail/bond or tried and released. If the offender is unable to make bond or is not otherwise released, he/she remains in jail. If an offender charged with a felony is bound over for trial, then pre- trial motions are held. At the pre-trial motion stage, an offender charged with a felony may remain free on personal recognizance or bond and if not released, he/she remains in jail. Probable cause hearings are held next for an offender charged with a felony. At the probable cause hearing, no probable cause may be found and the offender is released. If probable cause is found, the offender remains free on personal recognizance or bond and if he /she is unable to be released, the offender remains in jail. An offender charged with a felony is taken before the Grand Jury following a probable cause hearing. The Grand Jury may return no true bill of indictment and the offender is released. If a true bill of indictment is returned, the offender remains free on personal recognizance or bond and if he/she is unable to be released they remain in jail. After the Grand Jury proceedings, an arraignment is held, after which an offender continues free on bond or personal recognizance or is confined to jail. Following arraignment, pre-trial motions are again held, with the offender being free or jailed until trial. At trial, an offender may be found not guilty or the case is dismissed. The offender may also be given a non-jail sentence or receive an active jail sentence. The offender may appeal a sentence, remaining free on bond or personal recognizance or confined to jail until the appeal is heard. The sentence may be overturned on appeal or the sentence is upheld and the offender serves the sentence. Upon completion of the sentence, the offender is released.