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Critical data elements on Commitment forms -
which are often omitted or incorrect


Department Of Correction -
the commitment form provides the DOC with their legal basis for taking custody of an inmate. The basic information which they must have is: that they have the right person (identification information - name, DOB, race, gender, etc); why they can keep him (his crime); how long to keep him; when to release him; and the authority committing him (the court, the case, etc.). This is not an all inclusive list, but is prepared for form instruction purposes only.

The following data elements are often omitted or incorrect and result in amendments being necessary and delays incurred.

1. Offense date - release laws are determined by the date of the offense. Without an offense date, release eligibility cannot be determined.

2. Offense classification - release eligibility may be determined by their offense class
Transfer eligibility - whether an offense is above or below the transfer eligibility line may be determined by the class of the offense
Drug offenses - the schedule of the drug may affect the class and release eligibility
Inchoate offenses - solicitation, attempt and conspiracy are one class lower than the substantive crime which may affect their release eligibility
Misdemeanors - persons cannot be committed to the DOC for misdemeanors

3. Inchoate offenses - citing the inchoate statute without the substantive offense does not give sufficient information on why the person is being committed

4. Total time to serve - this is necessary to determine how long the offender is to be held - it is especially important to avoid problems when additional suspended sentences are imposed and when multiple counts or cases are run consecutively

5. Departure reports - without a departure report, an offender whose offense was committed prior to July 1, 2005, may be released early.

Department of Community Punishment - "Judicial transfers" are commitments to the DOC with a transfer to the DCP by the judge. The offenders go directly to the DCP and are released from there. Commitments need to reflect a judicial transfer in three places: 

1. "Defendant is assigned to..."

2. "Defendant committed a target offense..."

3. "The County Sheriff is hereby ordered..."