Consent Order - Pretrial House Arrest {MAG 95-02}

IN THE MAGISTRATE COURT OF GWINNETT COUNTY STATE OF GEORGIA STATE OF GEORGIA vs. _______________________________________________ Warrant Nos: _______________________________ Defendant Inmate No: _______________________________ CONSENT ORDER-- PRETRIAL HOUSE ARREST AS AN ALTERNATIVE TO PRETRIAL INCARCERATION AT GWINNETT DETENTION CENTER -A CONDITIONAL RECOGNIZANCE BOND- The Defendant is presently incarcerated in the Gwinnett County Detention Center awaiting trial. TheDefendant has been unable to post a bond by cash, property or professional bond and has made a request to be placed in the Pretrial House Arrest Program, which is a recognizance bond with strict conditions related to house arrest confinement and other provisions. The Defendant is incarcerated and awaiting trial on the following offenses:(**At this time only on Defendants incarcerated on warrants are eligible for this program.) The Defendants request has been reviewed. Said recommendations are as follows: Sheriffs Dept. District Attorney: Professional Probation Solicitor: Services: [ ] Approved [ ] Approved [ ] Approved [ ] Approved [ ] Rejected [ ] Rejected [ ] Rejected [ ] Rejected [ ] Courts discretion [ ] Courts discretion [ ] Courts discretion [ ] Courts discretion [ ] The Defendant is on probation or parole, or has been on probation or parole within the past three (3) years. Saidsupervising officers recommendation is: Probation Officer Parole Officer [ ] Approved [ ] Approved [ ] Rejected [ ] Rejected [ ] Courts discretion [ ] Courts discretion -1- <<<<<<<<<********>>>>>>>>>>>>> 2 CONDITIONAL RECOGNIZANCE BOND -- PRETRIAL ELECTRONIC HOUSE ARREST 1. The Defendant has not posted bond nor has there been an adjudication of the above listed offenses(s). The Defendant is currently 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 is hereby granted a discretionary recognizance bond, conditional upon strict compliance with the terms and provisions of this Order. The Defendant shall be lawfully confined to house arrest at certain location(s), for certain time periods as is set forth herein and as may be designated from time to time hereafter. The Defendant is remanded to the custody and control of the Sheriff of Gwinnett County and his designees who shall administer and supervise compliance with the terms and provisions of the Defendants house arrest and all other provisions and the conditions connected with this Order. The Defendants failure to timely report to the locations of lawful confinement, failure to timely report during the required time periods of lawful confinement, 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 and be brought before this court. Also, any failure by the Defendant to be physically present at the required location and required times of lawful confinement set forth within this Order, or as directed by the Sheriff, any deputy or any employee of the House Arrest Electronic Provider, from time to time hereafter, 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, having his/her bond(s) revoked, being immediately terminated from the House Arrest Program and returned to the jail, or any combination thereof. 2. The terms and provisions of this Order shall remain in effect until whichever event shall first occur: A. The above-listed charges are terminated by adjudication or written dismissal; B. The Defendant posts bond on these offenses which is approved by the Sheriff as an alternative to this Pretrial House Arrest Order. C. This Order is modified by written Order of a court of competent jurisdiction.3. Defendant shall be lawfully confined on this House Arrest Program to the following address until further written 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 the ENTIRE PREMISES AND CURTILAGE of this residence may be searched by any member of the Gwinnett Sheriffs 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 the house arrest equipment to operate properly. This basic telephone line cannot be used for Internet access, 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 -2- W:\Magforms\MAG 95-02 Consent Order House Arrest<<<<<<<<<********>>>>>>>>>>>>> 3 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 report timely to the Sheriffs Department and the House Arrest Provider at all times directed by any employee of the Sheriffs 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 Sheriffs 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. 7. Defendant shall not drink alcohol. _______ (Initialed if applicable) 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