SOP 220.01: Admissions and Computations

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|`Functional Area: `
`Facility Operations`|`Reference Number: `
`IIA22-0001`|`Revises`
`Previous`
`Effective Date:`
`6/01/08`|
|`Subject:`
`Admissions/Computations`|||
|`Authority:`
`Owens/Hodges`|`Effective Date:`
`9/15/09`|`Page``1`` of`
`9 `|

I. POLICY:

   The Offender Administration Department within the Corrections
   Division will seek to ensure that offenders remanded to the
   state penal system are admitted, assigned, and entered into
   the system, thereby computing a maximum release date for the
   offender.

II. APPLICABILITY:

   Offender Processors responsible for the Admission and
   Computation of sentences for offenders ordered to serve time
   within the state penal system

III. RELATED DIRECTIVES:

   A. GDC SOP – IIIB06-0002

IV. DEFINITIONS:

   A. Admissions: The process by which an offender is assigned
      an inmate number, and subsequently assigned to a
      diagnostic prison or boot camp facility.

   B. Computations: The process by which the offender’s
      sentencing information is entered into the system, credit
      for time served in jail is received, and a maximum
      release date is calculated.

   C. Validity Review: Verification by way of reviewing the
      packet to ensure that all necessary paperwork and
      signatures are present in a given sentence package in
      order to be able to admit and compute that case.

   D. Affidavit of Custodian: A document provided by the
      relevant county jail. This document contains the

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   offender’s personal history, but most importantly vouches
   for and verifies the dates that an offender has spent in
   a county jail’s custody.

E. Jail Time Credit: Credit given per a judge’s order or
   credit given for time served in jail, which is noted on
   an affidavit of custodian. For example, on a sentencing
   order, it may state “credit given for time served since
   10/1/07”. Therefore credit would be given from that date
   up to the date that the offender is sentenced. Otherwise,
   credit will always be given from the date(s) noted on the
   affidavit of custodian up to the date of sentencing.

F. Probation Detention Center (PDC) Jail Time Credit:  This
   law is only applicable to defendants when the Judge has
   specifically placed in the order that the defendant will
   receive credit for time awaiting entry into a PDC. The
   time the defendant will receive will commence on the
   sentencing date, not the date the defendant was arrested.
   Furthermore, when completing a Center Referral Form,
   officers should include on the form, as well as in the
   subject line of the email, that the defendant should
   receive credit for time served. For example: the subject
   line would read "Smith, Amanda GDC 1234456- Female PDC    Credit time served (or CTS)." Doing so will notify
   Center Reservations the defendant has been ordered to
   receive entitled credit and that defendant's entry into a
   PDC may be time sensitive. Lastly, as always, the Scribe
   case notes should be updated to indicate the defendant is
   to receive credit for time served awaiting entry into the
   PDC.

G. Sentence/Order: the punishment given to a person
   convicted of a crime. A sentence is ordered by the judge,
   based on the verdict of the jury (or the judge's decision
   if there is no jury) within the possible punishments set
   by state law (or federal law in convictions for a federal
   crime). Popularly, "sentence" refers to the jail or
   prison time ordered after conviction, as in "his sentence
   was 10 years in state prison." Technically, a sentence
   includes all fines, community service, restitution or
   other punishment, or terms of probation. The sentence
   order will always contain a judge’s signature.

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H. Count: Series of charges for which a person is being
   accused of and/or being sentenced. Counts will be found
   on sentencing orders and indictments.

I. Probation: A sentence imposed that allows an offender to
   serve their sentence within the community under the
   supervision of a probation officer. This will be notated
   on a sentencing order.

J. Straight Sentence: When an offender is order to serve
   time solely on probation, or solely in the custody of the
   state penal system. This will be clarified on a
   sentencing order.

K. Split Sentence: The court may order person to serve a
   period of imprisonment followed by a period of probation
   supervision. This is referred to as a "split sentence".
   An example of this would be "Ten years, serve two years
   in prison, balance (eight years) to be served on
   probation upon release from prison". The offender would
   be obligated to report to probation after his release
   from incarceration and any parole that followed.

L. First Offender: A person sentenced for the first time for
   an offense. A first offender usually receives a lighter
   sentence, and upon completion of their sentence can have
   their conviction removed from their criminal record. For
   instance, instead of an offense carrying fifteen years to
   serve in the penal system, they may receive instead eight
   years to be served on probation.

M. Revocation (order): When an offender is alleged by the
   probation officer to have violated the terms and
   conditions of their original probated sentence, and is
   subsequently required to stand before a judge to respond
   to the accusation. Revocation documents may consist of
   three parts:

   1. Petition where by the probation officer lists the
      allegations.

   2. A section for signatures (probation officer, judge,
      defendant) acknowledging the service of the petition
      and a date set by the judge for the allegations to
      be heard.

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   3. Revocation order which verifies whether or not the
      judge finds the offender in violation, and the time
      to serve on that original sentence (revoke), if any,
      as a result of the alleged violation.

N. Adjudication of Guilt: When a first offender violates the
   terms and conditions of their sentence the judge can take
   away their first offender status and re-sentence them
   under the original possible maximum sentence.

   1. For example, if a first offender was given eight
      years probation rather than fifteen years in prison,
      but violated his probation, the judge can adjudicate
      him guilty and re-sentence him to serve the original
      fifteen years the he would have been ordered to
      serve if he had not been given first offender
      status. In addition, if the privilege of first
      offender status is removed, the offender will no
      longer be able to remove the conviction from his/her
      criminal record. Adjudication of guilt differs from
      a revocation in that with a revocation, an offender
      cannot be ordered to serve more time (re-sentenced),
      but rather can only have the time remaining revoked.

O. Bill of Indictment/True Bill: A document with lists the
   charge(s) of a felony (serious crime) voted by a Grand
   Jury based upon a proposed charge, witnesses' testimony
   and other evidence presented by the public prosecutor
   (District Attorney). To bring an indictment the Grand
   Jury will not find guilt, but only the probability that a
   crime was committed, that the accused person did it and
   that he/she should be tried.

P. Serve Time: The amount of time that an offender is
   ordered to serve in the state penal system

Q. Abscond: In reference to probation…When an offender
   sentenced to probation fails to report to his/her
   Probation Officer, and fails to notify him/her of their
   whereabouts.

R. Toll Time: When an order is submitted to cease an
   absconded offender’s probation time from running on their
   sentence. The time begins again (reinstated) upon the
   probationer returning to jail custody.

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S. Non-Run Time: The time for which an offender does not
   receive credit after being sentenced to serve time in the
   state penal system. An example would be where an offender
   was ordered to serve two years, but was released and
   allowed to return to custody five days after sentencing
   in order to get their affairs in order. The offender
   would not receive credit for these five days due to being
   released after sentencing due to not being in custody
   during those days.

T. Plea: the response by an accused defendant to each charge
   of the commission of a crime. Pleas normally are "not
   guilty," "guilty," "no contest" (admitting the facts, but
   unwilling to plead "guilty," thus resulting in the
   equivalent of a "guilty" verdict but without admitting
   the crime), or "not guilty by reason of insanity" (at the
   time of the criminal act).

U. Verdict: When an offender has pled not guilty, a jury of
   his/her peers will go through proceedings to determine
   his/her guilt.

V. Nol Prosque: When a count is dismissed or “thrown out”,
   and the accused is no longer being charge for that
   offense.

W. Merge: Two or more counts are counted as one. For
   example, when it is ordered for “count one to be merged
   in to count two”, count two becomes the dominant count,
   and count one will no longer be considered for
   sentencing.

X. Nunc Pro Tunc:  Latin for "now for then," this refers to
   changing back to an earlier date of an order, judgment or
   filing of a document. Such a retroactive re-dating
   requires a court order which can be obtained by a showing
   that the earlier date would have been legal, and there
   was error, accidental omission or neglect which has
   caused a problem or inconvenience which can be cured.

Y. Parole: the release of a convicted criminal defendant
   after he/she has completed part of his/her prison
   sentence, based on the concept that during the period of
   parole, the released criminal can prove he/she is
   rehabilitated and can "make good" in society.

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V. ATTACHMENTS:

   Attachment 1: Validity Review Checklist

   Attachment 2: Boot Camp Checklist

   Attachment 3: County Code Checklist

   Attachment 4: Probation Serve Time List

   Attachment 5: Abbreviations List

VI. PROCEDURE:

   All staff trained and assigned to Offender Processing will be
   responsible for admitting and computing each package in its
   entirety once they receive a sentence package from mail
   reception.

   A. MAIL RECEPTION

      1. When a sentence package is received in the mail, the
         following procedures should be followed:

         a. Stamp the date received on the Affidavit of
            Custodian, ensuring not to stamp over necessary
            information. The stamp establishes jail subsidy
            (the date which the department accepts
            responsibility to begin paying for each day
            the offender remains in the county jail).

         b. Perform a validity review on the sentence
            package to ensure that all necessary paperwork
            to admit and compute the offender is present
            ( see attachment 1 for criteria)

         c. If all necessary paperwork and information are
            present, evenly distribute packages among staff
            (and/or teams if applicable).

         d. If a sentence package is incomplete according
            to the checklist, a letter needs to be
            generated noting the pertinent information that
            was missing from the sentence package.

         e. Once the letter is sent, the designated
            supervisor will follow-up on regularly

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         scheduled intervals to ascertain if corrections
         are being made to the incomplete sentence
         package and when re-submission will occur by
         the jail. In addition, the supervisor will
         place a notice and comment in SCRIBE clarifying
         that although the offender package will receive
         an inmate number, additional information is
         being awaited in order to assign the offender
         to a prison.

      f. Once the corrected package is resubmitted by
         the jail or the clerk, the review process and
         distribution is completed by the designated
         supervisor. Note: an offender processor who is
         responsible for admitting and computing a
         sentence should not receive the sentence until
         it is ensured that all necessary documents are
         present within the package .

B. ADMISSIONS

   Once a package is received from mail reception, the
   admissions process is to be completed according to the
   following:

   1. Search for the offender using the OTN, SID, or other
      identifying information.

   2. Once the offender is identified, it must be
      determined whether the offender will be admitted as
      a new or an additional sentence. If it is determined
      that the offender is an additional sentence, it must
      also be determined whether he/she is currently in a
      diagnostic prison. Note: if it is determined that
      the offender is an additional sentence, the offender
      will not need to be admitted or assigned due to
      him/her previously being entered into the system,
      thereby already having an inmate number.

   3. Another step that must be taken is the determination
      of whether or not the offender is eligible to enter
      into a boot camp facility ( see attachment 2 for
      criteria). If the offender is eligible to enter into
      a bootcamp, the offender processor is responsible
      for creating a notice in the system.

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   4. All new sentences and boot camp eligible cases will
      be assigned an inmate number and will be initially
      assigned to a prison. This process must occur within
      twenty-four hours of receiving the sentence package.

   5. If it is determined that the offender package is an
      additional sentence, it is required that the system
      be checked for a pending release on the offender. If
      a pending release is entered, the sentence must be
      “walked through” and release staff must be notified.

C. COMPUTATIONS

   1. All offender processors who admit and assign a
      sentence package/case into the system will also be
      responsible for computing the same case into the
      system.

   2. Computation of a sentence package/case will occur
      within forty-eight hours of admitting the case.

   3. Computation of a case should include the following
      procedures:

      a. Enter relevant court case information into the
         system. This information will include the date
         the case was received, the county code
         ( attachment 3 ), revocation information as
         needed, admission and court type, judge and
         attorney information, and any relevant co         defendants

      b. Following the entering of court information,
         all relevant counts should be entered using the
         appropriate offense code, crime-commit date,
         and the sentence begin date.

      c. Time to be served in the state penal system
         will then need to be entered. If the case is a
         split sentence, probation time must also be
         notated ( see attachment 4 ). Thereafter, credit
         for time served should be given, if applicable.

      d. If there are more counts to be entered, before
         entering to the next screen, enter the case
         number, sequence, and tab to whether the next

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            count to be entered is concurrent (cases
            running together) or consecutive (cases running
            after one another). If no other counts need to
            be entered, tab to proceed to continue entering
            offense information.

         e. Once offense information is verified, it is
            required to tab and enter relevant information
            about the sentence ( see attachment 5 for
            abbreviations ). Once completed with entering in
            relevant sentencing information, update and
            proceed to either continue the process for the
            subsequent count, or complete the computations
            process.

         f. If there is more information to be entered,
            proceed to “sentence data”. If the computations
            process is complete, proceed to “sentence
            computations”. ***Note : A fter proceeding, it is
            important to remember to enter any non-run time
            at this point before proceeding.

      4. Before printing a computation, all processors must
         review a summary of what has been computed to avoid
         missing any possible errors.

      5. Once the summary is verified, proceed to print the
         computation.

      6. Once the sentence package has been admitted and
         computed, it is the responsibility of the offender
         processor to scan the entire package into SCRIBE.

VII. RETENTION SCHEDULE:

   Upon completion of the entire process, a copy of the sentence
   package, including one copy of the computation report, will be
   sent to parole. In addition, another sentence package with the
   initial assignment (if applicable) and a computations report
   summary that includes TWO copies of “page one” will be sent to
   the appropriate diagnostic facility. Any excess sentence
   packages are to be shredded immediately. NOTE: No attachments
   are required to be retained.