IN THE MAGISTRATE COURT OF GWINNETT COUNTY STATE OF GEORGIA STATE OF GEORGIA vs. _______________________________________________ Defendant Warrant Nos: _______________________________ Inmates No: _______________________________ CONSENT ORDER-- PRETRIAL HOUSE ARREST AS AN ALTERNATIVE TO PRETRIAL INCARCERATION AT GWINNETT DETENTION CENTER The Defendant is presently incarcerated in the Gwinnett County Detention Center awaiting trial. The Defendant has been unable to post bond and has made a request to be placed in the Pretrial House Arrest Program. The Defendant is incarcerated and awaiting trial on the following offenses: The Defendant’s request has been reviewed. Said recommendations are as follows: Sheriff’s Dept. District Attorney: [ ] Approved [ ] Rejected Solicitor: [ ] Approved Professional Probation Services: [ ] Approved [ ] Approved [ ] Rejected [ ] Rejected [ ] Rejected [ ] Court’s discretion [ ] Court’s discretion [ ] The Defendant is on probation/parole, said supervising officer’s recommendation is: Parole Officer Probation Officer [ ] Approved [ ] Approved [ ] Rejected [ ] Rejected [ ] Court’s discretion [ ] Court’s discretion -1- Q:\Magforms\MAG 95-02 Consent Order House Arrest American LegalNet, Inc. www.FormsWorkflow.com CONDITIONS OF PRETRIAL ELECTRONIC HOUSE ARREST 1. The Defendant has not posted bond nor has there been an adjudication of the above listed case(s). The Defendant is being held in the custody and control of the Sheriff of Gwinnett County. Under the terms and conditions of this Pretrial House Arrest Order, the Defendant remains subject to the custody and control of the Sheriff of Gwinnett County and his designees. The Defendant’s failure to abide by the terms and conditions of this order shall subject the defendant to immediate detention by the Sheriff, or by the deputies of the sheriff. Also, any failure by the Defendant to promptly return, or promptly report, at all times designated within this order, or as directed by the sheriff, any deputy or any employee of the House Arrest Electronic Provider, may result in the Defendant being charged with the offense of Escape, O.C.G.A. 16-10-52, for which the sentences range from twelve (12) months for misdemeanor escape, one to five years for felony escape, twenty (20) years for felony escape involving a weapon. 2. The terms and provisions of this order shall remain in effect until whichever event shall first occur: A. B. 3. The above-listed cases are terminated by adjudication or written dismissal; The defendant posts bond on these offenses which is approved by the sheriff as an alternative to this Pretrial House Arrest order. Defendant shall reside at the following address until further order of this court: ____________________________________________________________________________ This address must be a private residence and shall not be a hotel, motel, boarding house or extended stay facility. This residence is owned/rented by: ____________________________________________________________________________ If the Defendant is not the owner of this residence, then the owner/lessor has been INFORMED AND AGREES that there shall be no alcoholic beverages upon the premises and that the ENTIRE PREMISES AND CURTILAGE of this residence may be searched by any member of the Gwinnett Sheriff’s Department or any employee of the House Arrest Provider, at any time of the day or night, with or without a search warrant during the term of this consent order. 4. Defendant acknowledges that the foregoing residence MUST HAVE A BASIC TELEPHONE LINE in order for any house arrest equipment to properly operate. This basic telephone line cannot have any call waiting, call forwarding, answering service capabilities or such other features as restricted by the House Arrest Provider. It must immediately be available for access twenty four hours per day, seven day per week. The telephone line must be kept in good working condition and shall not emit a “busy” signal to monitoring equipment. Defendant should consider adding such extra phone lines as defendant considers necessary to fulfill this requirement. 5. Defendant shall timely report to the Sheriff’s Department and the House Arrest Provider at all times directed by any employee of the Sheriff’s Department or House Arrests Provider. Unless otherwise approved by the court, such report by the defendant shall be on no less than a weekly basis and by such manner, such as “in person” or “via telephone,” as may be determined, from time to time, by any employee of the Sheriff’s Department or House Arrest Provider. The reporting times shall be reasonably coordinated to permit the defendant to retain gainful employment. 6. Defendant shall not violate any local, state or federal laws. -2- Q:\Magforms\MAG 95-02 Consent Order House Arrest American LegalNet, Inc. www.FormsWorkflow.com 7. Defendant shall not drink alcohol. The residence in which the defendant resides shall not have any alcoholic beverages within this residence during the term of this order. 8. Defendant shall not take or possess any drugs unless prescribed lawfully. 9. The Defendant shall immediately submit to all requests for breath, urine or blood specimen(s) which shall be tested for alcohol or drug content made by any member of the Gwinnett County Sheriff’s Department or any employee of the House Arrest Provider. The Defendant shall keep on his/her person the sum of $15.00 in cash to immediately pay for the cost of such drug test. Such tests may be requested daily, or at such interval as the House Arrest Provider determines, but no less than once per month unless specifically exempted. The Defendant acknowledges that the results of any incriminating results may be used against the Defendant in all subsequent criminal justice proceedings. A. All defendants shall pay the sum of $15.00 and submit to a drug screening test prior to being permitted to transition to House Arrest Program. Only after the defendant tests negative on this drug screening test may the defendant be released on the House Arrest Program. The results of this baseline test shall be maintained as part of the record connected with this Defendant. 10. While on this program, the Defendant shall immediately submit to all requests from any member of the Gwinnett County Sheriff’s Department, any duly sworn law enforcement officer or by any employee of the House Arrest Provider, to search defendant’s person, vehicle(s), and residence, at any time of the day or night, without a search warrant or further order of this court. This search shall include ALL areas of any residence occupied by the defendant. 11. Defendant shall timely attend and participate in all counseling, treatment or educational programs as directed by any member of the Gwinnett County Sheriff’s Department or by any employee of the House Arrest Provider and shall abide by all rules, regulations and directions of such programs. 12. Defendant shall abide by all curfews established by the Sheriff’s Department or by the House Arrest Provider. 13. Defendant shall not travel outside Gwinnett County, GA except for the following metropolitan Atlanta counties: (circle as applicable) Barrow Cobb Dekalb Fulton Forsyth Hall Walton 14. [ ] The Defendant shall stay away, absolutely, directly or indirectly, by person, telephone, messenger or any other means of communication from the victim, _____________________________________________________________________________T hat includes, but is not limited to, the victim's home, school, and place of business or routes of travel to or from those locations. The Defendant shall stay away from the above locations regardless of whether the victim is present at such locations. Violations connected with contacting/following the victim may subject the Defendant to a separate prosecution for the felony offense of Aggravated Stalking. 15. Motor vehicles: The Defendant [ ] has; [ ] does not have; a valid driver’s license. Defendant -3- Q:\Magforms\MAG 95-02 Consent Order House Arrest American LegalNet, Inc. www.FormsWorkflow.com [ ] shall; [ ] shall not; have permission to operate any motor vehicle during the term of this order. In the event the Defendant is granted permission to operate a motor vehicle, the defendant shall maintain a valid driver’s license and all such vehicle(s) operated by the defendant shall be properly registered and insured according to law. The defendant shall not ride in any motor vehicle unless the defendant first determines that the driver of the vehicle has a valid driver’s license and that all such vehicle(s) operated are properly registered and insured according to law. Other Persons Having Authority to Drive Defendant After Submitting Proof of Driver’s License, Insurance & Registrations 16. [ ] Defendant shall maintain employment with the following employers: __________________ ___________________________________________________________________________. Defendant shall return to such documentation from such employers to the Sheriff’s Department and/or House Arrest Provider, as required, from time to time, during the course of this order. 17. Defendant shall keep and maintain all electronic monitoring equipment assigned to the Defendant in good working condition. Violations connected with the taking or destruction of this equipment may subject the Defendant to a separate prosecutions for the offense(s) of theft or criminal damage to property. 18. Defendant shall timely pay the House Arrest Provider all sums that are owed. The failure to timely pay such sums shall result in the Defendant’s immediate return to the Gwinnett County Detention Center. The Defendant shall make the first payment prior to being released from custody. Defendant shall pay the following sums by CASHIERS CHECK, MONEY ORDER OR CASH: (Personal checks, company checks or credit cards are NOT acceptable as payment.) [ ] Initial Fee, $ ____________. (This initial fee is NOT REFUNDABLE.) [ ] $________________ per week, beginning ________________ and continuing on _________________ of each consecutive week thereafter; [ ] $________________ per month, beginning ________________ and continuing on _________________ of each consecutive month thereafter. -4- Q:\Magforms\MAG 95-02 Consent Order House Arrest American LegalNet, Inc. www.FormsWorkflow.com [ ] The Defendant is disabled and the Sheriff Dept., House Arrest Provider and Defendant have agreed upon a reduced rate for the use of monitoring equipment in this case. 19. The Defendant and House Arrest Provider shall develop a written plan to determine the number of hours that the Defendant may be released during the week, provide a reasonable accommodation for the defendant’s work schedule/schedule to look for work, permit grocery shopping and routine errands, receive medical treatment for the defendant, receive medical treatment of an immediate family member of the defendant, counseling, school, educational programs, reasonable family visits, or church. This record shall be maintained as part of the records of this defendant and a written copy shall be signed by the defendant. Any variations of this schedule exceeding a time period of two hours shall not be valid unless pre-approved by a judge of this court in writing. The Sheriff Dept. and/or House Arrest Provider shall create and maintain such records connected with this provision. 20. The House Arrest Provider shall provide the Sheriff’s Department, at the sole expense of the House Arrest Provider, in such manner as required by the Sheriff, or his designee, with immediate computer access to all records connected with each defendant placed on this House Arrest Provider. The Sheriff’s Department shall be provided the same access to all records of the House Arrest Provider. The intent of this provision is to permit the Sheriff’s Department to immediately access all information on each defendant placed on Pretrial House Arrest, instanter. 21. The victim, if any, shall be given all notices connected with the defendant’s participation in the Pretrial Release Program by the prosecuting attorney or Sheriff’s Department in accordance with the provisions of O.C.G.A. 17-17-1, et.seq.. 22. The Defendant shall abide by all additional rules, guidelines, instructions, requirements and all other directives of the Sheriffs’ Department or House Arrest Provider. 23. The House Arrest Provider is: Professional Probation Services, Inc. 316 W. Pike Street, Suite 200 Lawrenceville GA 30045 770.962.6564 770.962.4961 24. The Sheriff Department Coordinator is: Capt. Alan Craig, or his designee; 770.822.3843 Sgt. Brian Sims; 770.822.3161 Gwinnett County Detention Center 2900 University Parkway Lawrenceville GA 30043 770.822.3165 FAX So Ordered, this ____ day of _______________, 20____. _______________________________________ Judge, Magistrate Court -5- Q:\Magforms\MAG 95-02 Consent Order House Arrest American LegalNet, Inc. www.FormsWorkflow.com CONSENT TO TERMS AND PROVISIONS OF THIS ORDER I am the defendant in this case. I have read the above listed terms and provisions and I have had each of the these terms and provisions explained to me. I do not require any further explanations. I understand that the Pretrial House Arrest program is a privilege and it is not a right. I understand that the failure to follow any of the terms and provisions of this order or any of the directives, rules or regulations of the Sheriff’s Department or the House Arrest Provider will result in my immediate return to incarceration at the Gwinnett County Detention Center. I understand the above provisions that specifically warned me about certain conduct which could result in my being charged with the additional crimes of Escape, Misdemeanor or Felony, Aggravated Stalking, Theft or Criminal Damage to Property and such other offenses as may also apply. I specifically agree and stipulate that the reports, readings and all communications connected with the electronic monitoring equipment used in my case shall be admissible in evidence against me in all court proceedings connected with any violations charged against me concerning the House Arrest Program. I specifically waive any objections to the admissibility of any evidence connected with the electronic monitoring equipment. I freely and voluntarily accept all the terms and provisions of this order. I agree to follow all the terms and provisions of this order and all the directives, rules and regulations of the Sheriff’s Department and the House Arrest Provider. This ____ day of _______________, 20____. ____________________________________ Witness _______________________________________ Defendant Attorney for Defendant I am counsel for the defendant in this case. I have explained to the Defendant all the terms and provisions of this order. I am reasonably satisfied that the defendant understands these terms and provisions and that I do no need any more additional time to make further explanations to the defendant. I represent to the court that to the best of my knowledge and opinion, the defendant is entering into this consent order freely and voluntarily. I request the court to approve and enter this consent order. This ____ day of _______________, 20____. _______________________________________ Attorney for Defendant ____________________ Bar Number _______________________________________ Print Name Address: _______________________________________________________________ City, State, Zip: _______________________________________________________________ Office Phone: _______________________________________________________________ -6- Q:\Magforms\MAG 95-02 Consent Order House Arrest American LegalNet, Inc. www.FormsWorkflow.com