The defendant, having been fully advised of the alternatives, will be expected to acknowledge and agree to the following terms and conditions of home arrest confinement:
- The defendant shall be voluntarily confined to his/her agreed upon residence, which has an operating telephone for the total duration of his/her confinement
- The defendant agrees to remain at the above residence at all times, except at those times approved by the Coshocton Municipal Court and the Home Arrest Department. The defendant also agrees not to leave the approved residence, except in the case of a life-threatening emergency. If the defendant has to leave the residence due to a life threatening emergency he/she will contact the Home Arrest Department by calling (740) 622-1052 within twenty-four (24) hours following the emergency. Other circumstances could constitute the offense of escape. The defendant understands that documentation and verification of any emergency will be required by the Court.
- The defendant acknowledges that the above referenced telephone is a touch-tone line and is not a party tine and does not have an answering machine, call forwarding, call waiting or any other similar feature attached and no such features will be added during the home arrest confinement period. A wall line mounting may be acceptable, however no wall phones will be permitted. The telephone line must be near (within 10 feet) of an electrical outlet.
- The defendant understands that the home arrest confinement restrictions will be enforced by the use of computer technology. To insure compliance, they will be monitored by a tamper-proof, water-proof, non-removable ankle bracelet, which he/she agrees to wear twenty-four (24) hours a day during the entire period of home arrest confinement. The defendant acknowledges that the loss of a receiving signal, the receipt of a tamper signal or the receipt of a signal indicating absence from the residence is in violation of the home arrest confinement program and physical evidence indicating that the monitoring device has been tampered with or removed may constitute a violation of this agreement and a violation of the home arrest confinement program.
- The defendant understands that this monitoring will be accomplished by a receiver attached to his/her residence telephone connected electronically by common carrier to a computer at the BI Corporation office and (shall) (shall not) include alcohol monitoring. In addition, the defendant understands that they shall be credited for 1/2 day against the sentenced jail term for each day successfully completed in the house arrest confinement program. None of such credit shall be applied against the sentenced jail term unless and until the defendant has successfully completed the entire home arrest confinement period set forth under Paragraph one (1) above. Also, the defendant may be monitored by telephone calls and personal visits to his/her approved residence by Coshocton Municipal Court Home Arrest, law enforcement officers and/or BI Corporation representatives.
- The defendant understands that during the home arrest confinement period, he/she will remain within the walls of the residence, insuring his/her compliance with the home arrest monitoring device.
- The defendant shall not attempt to move or disconnect the installed monitoring unit, unless so directed by the Home Arrest Officer or a BI Corporation representative.
- The defendant agrees to be solely responsible for any expenses of electricity that may be incurred by the monitoring electronic device. The defendant also agrees to install and maintain a telephone at his/her expense and further agrees to keep the said telephone service in proper working order as a condition of this home arrest confinement.
- The defendant shall be responsible for the cost of the home arrest monitoring equipment used in the residence, including installation fee of $30.00 for Coshocton County residents and $ 100. 00 for out of county residents. Payment shall be made at the rate of $5.00 per day to Coshocton Municipal Court in installments two weeks (14 days) in advance and prior to installation. Failure to make prompt payment without an appropriate excuse shall constitute a violation of the home arrest confinement.
- The defendant further understands that he/she may be held responsible for damages (other than normal wear and tear) to the equipment and if said equipment is not returned in good condition, may be charged for replacement or repair and hereby agrees to pay for same.
- The defendant agrees that the City of Coshocton, its employees, Coshocton Municipal Home Arrest Department, its agents and the company providing the electronic monitoring equipment are not liable for any damages and/or injuries as a result of the defendant wearing or tampering with the monitoring device and that any damages and/or injuries associated with wearing or tampering with the monitoring device are a result of their own negligence.
- The defendant agrees that the City of Coshocton, its Home Arrest Department, its agents or the Sheriff's Department have no responsibility to provide food, shelter, clothing or medical and dental care to them during the home arrest confinement period.
- The defendant has assigned a designated sponsor during the home arrest confinement period. Said sponsor shall arrange and handle all matters of business, personal needs or other transactions, etc. during the home arrest confinement period.
- The defendant shall, without prior notice and upon the request of the Court or Home Arrest Department, submit to a breath, blood, or urine test for analysis for alcohol, drugs or metabolites of drugs. The cost of drawing and analyzing the breath, blood, sample shall be paid by the defendant.
- A request by BI Corporation for submission of a breath sample shall be deemed a request by the Court, and the defendant shall comply with the instructions for equipment use and its operation. Further, a refusal to submit to a breath, blood or urine test upon request is a violation of the terms and conditions of the defendant's home arrest confinement program. Additionally, any test that registers as positive for alcohol/drug use, will be reported as a violation of the home arrest confinement program.
- The defendant agrees to report any problems with the electronic monitoring or alcohol testing equipment immediately to the Home Arrest Officer or BI Corporation.
- The defendant agrees to allow Coshocton Municipal Court Home Arrest and law enforcement officers and BI Corporation designated agents to enter the residence to install, maintain, repair or inspect the monitoring equipment and/or to verify the compliance of the terms and conditions of this agreement. This shall include forced entry, if necessary.
- The defendant agrees to hang the telephone receiver up immediately upon hearing a clicking sound caused by the receiver/dialer, so that a monitoring request can be processed.
- The defendant shall secure prior approval in writing from the Home Arrest officer for any work release, scheduled medical/dental appointments, church or other unscheduled out-of-home activity and provide verification of such necessities. If a work release is granted, the defendant will secure a written release from his employer agreeing to contact the Court if the defendant does not appear for work or does not conduct himself properly while at work.
- The defendant understands and agrees that if he/she violates these terms or conditions, the Coshocton Municipal Court Home Arrest Department may revoke their participation in the home arrest confinement program and remand them to the custody of the Coshocton County Sheriff to serve the total of his/her sentence, with loss of good time or jail time credit. The defendant further understands that he/she may not be credited for any day of home arrest confinement if he/she does not satisfactorily complete said day. These terms and conditions shall extend to include any additional days required as a result of unsatisfactory days not credited.
- The defendant understands that the home arrest confinement program is not part of any plea bargain arrangement or probation.
- The defendant shall not associate with known felons or other offenders during the duration of the home arrest confinement. The defendant further agrees and acknowledges that only the following persons are permitted to be on the premises of the home arrest confinement with prior written authorization of the Home Arrest Dept.
- The defendant shall not have any firearms or weapons on the premises of the home arrest confinement and shall certify in writing that all firearms and weapons have been removed from the premises prior to the commencement of the period of home arrest confinement.
- During the home arrest confinement, there shall be no drugs of abuse or alcoholic beverages in/or on the premises. In addition, no person under the influence of alcohol or drugs shall be on the premises.
- Any offenses or acts of violence committed while on Home Arrest Confinement will be a violation of the terms and conditions of Home Arrest.
- A finding of probable cause by this court that the defendant committed a subsequent offense during the home arrest confinement may result in a violation of the home arrest confinement.
- I understand any false information given to the home arrest staff will result in immediate termination.
I have read, understand and agree to comply with all of the above conditions and terms of the Coshocton Municipal Court Electronically Monitored House Arrest Program. By signing this contract, I hereby waive the right to receive credit for any time served on electronically monitored house arrest toward any sentence of imprisonment imposed upon me for the offense for which the sentence of electronically monitored house arrest was imposed. If I violate any of the conditions and terms I further understand this may result in the re-imposition of my original sentence.
I hereby acknowledge that the Journal Entry (Home Arrest Confinement) and the conditions and Terms of Home Arrest Confinement have been read to me and explained to me. Although I am unable to read, I understand the contents of the Journal Entry (Home Arrest Confinement) and Conditions and Terms of Home Arrest Confinement and agree to the terms and conditions as set forth therein.
I do hereby declare and certify that all firearms and weapons have been removed from the premises wherein I will serve my home arrest confinement period. I understand that there are to be no firearms or weapons on said premises during my home arrest confinement period.
PRE-TRIAL DOMESTIC VIOLENCE DIVERSION PROGRAM
The City of Coshocton Law Director's office in conjunction with the Coshocton County Municipal Court has implemented a Pre-Trial Domestic Violence Diversion Programs Domestic Violence is prohibited by Ohio Revised Code Section 2919.25 which provides:
- No person shall knowingly cause or attempt to cause physical harm to a family or household member.
- No person shall recklessly cause serious physical harm to a family or household member.
- No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
- Whoever violates this section is guilty of domestic violence, A violation of division (C) of this section is a misdemeanor of the fourth degree. A violation of division (A) or (B) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of domestic violence or a violation of section 2903.11, 2903.12, 2903.13, 2903.211 (2903.21.1) or 2911.211 (2911.21.1) of the Revised Code involving a person who was a family or household member at the time of the violation, a violation of division (A) or (B) of this section is a felony of the fifth degree and a violation of division (C) of this section is a misdemeanor of the third degree.
- As used in this section and sections 2919.251
(2919.25.1) and 2919.26 of the Revised Code:
- "Family or household member" means any
of the following:
- Any of the following who is residing
or has resided with the offender:
- A spouse, a person living as a spouse, or a former spouse of the offender;
- A parent or a child of the offender or another person related by consanguinity or affinity to the offender;
- A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
- The natural parent of any child of whom the offender is the other natural parent.
- Any of the following who is residing or has resided with the offender:
- "Person living as a spouse" means a person
who is living or has lived with the offender in a common law marital relationship,
who otherwise is cohabiting with the offender, or who otherwise has cohabited
with the offender within one year prior to the date of the alleged commission
of the act in question. A fourth degree misdemeanor is punishable by up
to 30 days incarceration and/or a $250.00 fine. A third degree misdemeanor
is punishable by up to 60 days incarceration and/or a fine not to exceed
$500.00. A first degree misdemeanor is punishable by up to 6 six months
incarceration and/or a fine not to exceed $1,000.00. A fifth degree felony
is punishable by incarceration for 6, 7, 8, 9, 10, 11 or 12 months and
a fine not to exceed $2,500.00. You have been charged with violating the
domestic violence statute or have alleged you are the victim of domestic
violence. The purpose of this notice is to advise you of the existence
of the diversion program and of your right to have a determination made
whether you or your case qualifies for this program. Should it be determined
that the Diversion Program is applicable to this situation, the following
- You the alleged offender will be required to waive, in writing and contingent upon your successful completion of the program, your right to a speedy trial.
- You, the alleged offender, will agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court, that are applicable to the offense of Domestic Violence and further agree to the conditions of the diversion program established.
- You, the alleged offender, will be required to immediately submit to an evaluation by the First Step Family Violence Network and successfully complete all recommended follow-up counseling and/or treatment.
- You the alleged offender will be required to pay all fees and costs associated with the Diversion Program. These fees and costs will include those charged by the First Step Family Violence Network for assessment and/or counseling, any other agency providing counseling and/or treatment pursuant to the recommendation of the First Step Family Violence Network in conjunction with the Diversion Program and the additional sum of $100.00 to the Coshocton County Municipal Court which will be assessed as court costs for the administration of the Diversion Program.
- You, the alleged offender, will agree to sign a Release of Information authorizing the First Step Family Violence Network, and all other agencies providing counseling and/or treatment in conjunction with the Diversion Program, to provide to the Coshocton Law Director's Office and the Coshocton Municipal Court all information obtained by the agencies providing treatment and/or counseling, in conjunction with the Diversion Program, including but not limited to all prognosis and diagnoses made, and your progress towards completion of the Diversion Program.
- You, the victim, while not required to do so, will be strongly encouraged to participate in the counseling and/or treatment recommended for the alleged offender;
- Upon the Law Director's Office being informed that the alleged offender has successfully completed the Diversion Program, the Law Director's Office will submit a motion to the Municipal Court requesting that the charge of domestic violence be dismissed. Should the charge be dismissed a record of the dismissal will appear. but a second violation of the domestic violence statute will be treated as only a first offense.
- If you, the alleged offender, choose not to enter the diversion program. or you violate the terms and conditions of the diversion program by either failing to successfully complete all recommended counseling and/or treatment or by engaging in conduct which leads to the filing of additional criminal charges prior to the time you have successfully completed the diversion program, you may be brought to trial upon the charge of Domestic Violence in the manner provided by law.
- One of the considerations to be used
in making the determination whether this matter qualifies for the
Pre-Trial Domestic Violence Diversion Program, is whether both the
victim and the alleged offender consent to the program being implemented
in each specific case. The other criteria to be used accompany this
Information Sheet. If you are interested in such a determination being
- You, the victim, should immediately contact the First Step Family Violence Network to discuss this matter, and provide your consent to such a determination being made.
- You, the alleged offender, should immediately contact the Coshocton County Law Director's office and/or advise the Court during the arraignment of your desire that a determination be made whether you will qualify for the diversion program.
- If you are so interested, please sign the attached Consent Form and provide the same to the Coshocton Law Director's office.
- "Family or household member" means any of the following:
DOMESTIC VIOLENCE DIVERSION PROGRAM
- First offense of either Domestic Violence or offense of violence against others, as defined in ORC §2901.01(A)(9)(a) within ten (10) years prior to the date of the of the offense now alleged.
- No conviction of charges which were the result of a reduction from Domestic Violence charges within ten (10) years prior to the date of the offense now alleged.
- No visible injury or injuries requiring medical treatment.
- No threats or intent to cause serious physical harm.
- No deadly weapon used, as that term is defined in ORC 2923.11(A), or possessed in the commission of the incident leading to the Domestic Violence complaint
- No prior Domestic Violence counseling undergone by the alleged offender within ten (10) years prior to the date of the offense now alleged.
- Defendant consents to participate in Diversion Program.
- Victim consents to offender being granted Diversion Program.
- No previous participation in this Diversion Program.
I, the undersigned, victim, acknowledge I have received and reviewed the Coshocton County, Ohio Municipal Court Pre?Trial Domestic Violence Program Information Sheet and Criteria, and hereby request that a determination be made regarding whether the alleged offender will qualify as a candidate for the Pre-Trial Domestic Violence Diversion Program.
|Date of Incident:______________________________________|
I, the undersigned alleged offender, acknowledge I have received and reviewed the Coshocton County, Ohio Municipal Court Pre-Trial Domestic Violence Program Information Sheet and Criteria, and hereby request that a determination be made regarding whether I will qualify as a candidate for the Pre-Trial Domestic Violence Diversion Program.
|Date of Incident:___________________________|
I, the undersigned victim, now being advised it has been determined that the alleged offender qualifies for the Coshocton County, Ohio Municipal Court Pre-Trial Domestic Violence Diversion Program, hereby consent to the alleged offender entering such program under the terms and conditions contained in the Information Sheet previously provided.
|Date of Incident:_____________________________________|
I, the undersigned alleged offender, now being advised it has been determined that I qualify for the Coshocton County, Ohio Municipal Court Pre-Trial Domestic Violence Diversion Program, hereby consent to entering such program under the terms and conditions contained in the Information Sheet previously provided.
|Date of Incident:___________________________|
|The Municipal Court of Coshocton, Ohio|
Having been fully advised of my right to a prompt trial in the above entitled action as pro- in Chapter 2945 of the Revised Code of Ohio. I, the undersigned while still maintaining my plea of not guilty, do hereby voluntarily waive the statutory time limitations for trial and request a continuance thereof.
|Attorney for Defendant|
In conjunction with my Agreement and Request to enter the Coshocton County, Ohio Municipal Court Pre-Trial Domestic Violence Program, I, ________________________, the alleged offender, authorize the Coshocton County Law Director's office, or any person affiliated therewith to receive from and discuss with the First Step Family Violence Network and any other person or agency providing counseling, assessment, and/or treatment pursuant to the recommendation of the First Step Family Violence Network in conjunction with the Diversion Program, all matters pertaining to my progress towards completion of this program and receive records, reports or other documents and/or information compiled as a result of my involvement with the Diversion Program
I understand and acknowledge that this authorization extends to all or part of the records designated above and relates to all counseling and treatment received by me in conjunction with the Diversion Program. I expressly consent to the release of the information as designated above.
I also understand that this information extends to the release of information via U.S. mail, overnight mail, telephone or facsimile machine (FAX).
This consent is valid from the date signed until such time as I have been release the Pre-Trial Domestic Violence Diversion Program.
Dated this ______________ day of _______________ , 20____ .
Signed in the presence of: