HomeMy WebLinkAbout327901 AGREEMENT
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3 THIS AGREEMENT ("Agreement") is made and entered into this_ day of
4 December, 2017, by and between the COUNTY OF FRESNO, a political subdivision of the State
5 of California , hereinafter referred to as "COUNTY," and the CITY OF KINGSBURG , a municipal
6 corporation , hereinafter referred to as "CONTRACTOR."
7 W I T N E S S ET H :
8 WHEREAS, the State of California , under Assembly Bill 109, the Public Safety
9 Realignment Act (AB 109), has realigned responsibilities for probation , post release community
10 supervision (PRCS) and mandatory supervised release of offenders ; and
11 WHEREAS, the Public Safety Realignment Act AB 109 Implementation Plan of 2011 ,
12 including its updates, hereinafter collectively referred to as the "AB 109 PLAN ," was developed
13 by the Fresno County Community Corrections Partnership (CCP) and approved by the Fresno
14 County Board of Supervisors ; and
15 WHEREAS , the AB 109 PLAN includes formation of the Adult Compliance Team
16 (ACT) to create a cooperative unit capable of addressing public safety concerns and issues facing
17 local law enforcement in Fresno County; and
18 WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriffs
19 Department, the Fresno County District Attorney's Office , the Fresno County Probation
20 Department, and officers of the Fresno , Clovis , Selma , Kerman , and Reedley Police
21 Departments ; and
22 WHEREAS , the State of California has provided funding to COUNTY for the purpose
23 of implementing AB 109 services .
24 NOW, THEREFORE , in respect of the mutual promises contained herein , the Parties
25 hereto agree as follows :
26 1 . OBLIGATIONS OF THE COUNTY
27 COUNTY shall compensate and remit to CONTRACTOR, as provided herein
28 an amount equal to the cost of one (1) City of Kingsburg Police Officer ("Police Officer") for
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Agreement No. 17-620
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1 assignment to the ACT, not to exceed , in aggregate, the maximum amount payable under this
2 Agreementof$104 ,704 .
3 2 . OBLIGATIONS OF THE CONTRACTOR
4 CONTRACTOR shall assign one (1) Police Officer to be responsible for
5 fulfilling the responsibilities of an ACT member, as set forth in the AB 109 PLAN , including by way
6 of example, pages 15 and 16 of the 2011 version thereof, and in accordance with the ACT
7 Operational Guidelines and Procedures , both attached hereto as Exhibits "A " and "B",
8 respectively , and incorporated herein by reference . In the event that the AB 109 PLAN is revised
9 by the CCP , and approved by the Fresno County Board of Supervisors , the responsibilities of the
10 Police Officer under this Agreement may be modified accord ingly.
11 3 . TERM
12 Th is Agreement shall become effective July 1 , 2017 and shall terminate on
13 June 30, 2018 .
14 4 . TERMINATION
15 A . Non-Allocation of Funds -The terms of th is Agreement , and the services to
16 be provided thereunder, are contingent on the approval of funds by the appropriating government
17 agency. Should sufficient funds not be allocated , the services prov ided may be modified , or this
18 Agreement terminated by COUNTY , at any time , by g iv ing the CONTRACTOR not less than thirty
19 (30 ) days advance written notice.
20 B. Breach of Contract-The COUNTY may immediately suspend or terminate
21 this Agreement in whole or in part, where in the determination of the COUNTY there is :
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1) An illegal or improper use of funds ;
2) A failure to comply with any term of th is Agreement;
3) A substantially incorrect or incomplete report submitted to the
26 4) Improperly performed service.
27 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
28 of any breach of this Agreement or any default, which may then exist on the part of the
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1 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the
2 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of
3 the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR
4 under this Agreement, which in the judgment of the COUNTY were not expended in accordance
5 with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon
6 demand .
7 C . With or Without Cause -Under circumstances other that those set forth
8 above , this Agreement may be terminated by COUNTY upon the giving of not less than thirty (30)
9 days advance written notice of an intention to terminate to CONTRACTOR.
10 This Agreement may be term inated by CONTRACTOR upon the giving of not
11 less than sixty (60) days advance written notice of an intention to terminate to COUNTY.
12 5 . COMPENSATION/INVOICING
13 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
14 receive compensation as follows :
15 CONTRACTOR shall submit quarterly invoices for actual expenditures to the
16 County of Fresno Probation Department at: Probationlnvoices@co .fresno .ca .us . Invoices must
17 be submitted on or after the dates of October 1 , 2017 and January 1, April 1, and July 1, 2018 ,
18 respectively, and include a breakdown of expenses identified in the final approved budget of the
19 CCP in the County of Fresno for use in executing the mission of ACT. COUNTY shall make
20 payment within 45 days of receipt of invoice .
21 Upon any termination of this Agreement, CONTRACTOR shall be
22 compensated for costs incurred under this Agreement , up to and including the date of
23 termination.
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In no event shall compensation for services performed under this Agreement
be in excess of $104 ,704.
6 . INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by
CONTRACTOR under this Agreement, it is mutually understood and agreed that CONTRACTOR ,
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1 including any and all of the CONTRACTOR 'S officers , agents, and employees will at all times be
2 acting and performing as an independent contractor, and shall act in an independent capacity and
3 not as an officer, agent, servant , employee , joint venture , partner , or associate of the COUNTY .
4 Furthermore , COUNTY shall have no right to control or supervise or direct the manner or method
5 by which CONTTRACTOR shall perform its work and function . However, COUNTY shall retain
6 the right to administer this Agreement so as to verify that CONTRACTOR is performing its
7 obligations in accordance with the terms and conditions thereof.
8 CONTRACTOR and COUNTY shall comply with all applicable provisions of
9 law and the rules and regulations , if any , of governmental authorities having jurisdiction over
1 0 matters the subject thereof.
11 Because of its status as an independent contractor, CONTRACTOR shall have
12 absolutely no right to employment rights and benefits available to COUNTY employees .
13 CONTRACTOR shall be solely liable and responsible for providing to , or on behalf of, its
14 employees all legally-required employee benefits . In addition , CONTRACTOR shall be solely
15 responsible and save COUNTY harmless from all matters relating to payment of
16 CONTRACTOR 'S employees, including compliance with Social Security withholding and all other
17 regulations governing such matters . It acknowledged that during the term of this Agreement,
18 CONTRACTOR may be providing service to others unrelated to the COUNTY or to this
19 Agreement.
20 7 . MODIFICATION
21 Any matters of this Agreement may be modified from time to time by the written
22 consent of all the parties without , in any way , affecting the remainder.
23 8 . NON-ASSIGNMENT
24 Neither party shall assign , transfer o r sub-contract this Agreement nor their
25 rights or duties under this Agreement without the prior written consent of the other party.
26 9 . HOLD HARMLESS
27 CONTRACTOR agrees to indemnify , save, hold harmless , and at COUNTY'S
28 request, defend the COUNTY, its officers , agents , and employees from any and all costs and
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1 expenses , damages, liabilities , cla ims, and losses, including attorney's fees and costs , occurring ,
2 resulting , or aris ing from the negligent or wrongful performance , or failure to perfo rm , by
3 CONTRACTOR , or its officers , agents , or employees of obligations agreed t o be performed under
4 this Agreement.
5 COUNTY agrees to indemnify, save , hold harmless , and at CONTRACTOR'S
6 request , defend the CONTRACTOR, its officers, agents , and employees from any and all costs
7 and expenses , damages, liabilities , claims , and losses , including attorney's fees and costs ,
8 occurring , resulting , or arising from the negligent or wrongful performance , or failure to perform , by
9 COUNTY , or its officers , agents, or employees of obligations agreed to be performed under this
10 Agreement.
11 10. INSURANCE
12 Without limiting the COUNTY 'S right to obtain indemnification from
13 CONTRACTOR or any third parties , CONTRACTOR, at its sole expense , shall maintain in full
14 force and effect, the following insurance policies or a program of self-insurance , including but not
15 limited to , an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the
16 term of the Agreement:
17 A. Commercial General Liability
18 Commercial General Liability Insurance with limits of not less than One
19 Million Dollars ($1 ,000 ,000) per occurrence and an annual aggregate of Two Mill ion Dollars
20 ($2 ,000 ,000). This policy shall be issued on a per occurrence basis . COUNTY may require
21 specific coverages including completed operations , products liability, contra c tual liability,
22 Explosion-Collapse-Underground , fire legal liability or any other liability insurance deemed
23 necessary because of the nature of this c onta ct.
24 B . Automobile Liability
25 Comprehensive Automob ile Liab ility Insurance with limits for bodily injury of
26 not less than Two Hundred Fifty Thousand Dollars ($250 ,000.00) per person , Five Hundred
27 Thousand Dollars ($500 ,000.00) per accident and for property damages of not less than Fifty
28 Thousand Dollars ($50 ,000.00), or such coverage w ith a combined single limit of Five Hundred
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1 1 housa nd Dollars ($500 ,000.00). Coverage shall include owned and non-owned vehicles used in
2 con n ection with t his Agreement.
3 C. Professional Liability
4 If CONTRACTOR employs licensed professional staff, (e .g ., Ph .D., R.N .,
5 L.C .S .W ., M .F.C .C .) in providing services , Professional Liability Insurance with limits of not less
6 that One Million Dollars ($1 ,000 ,000 .00) per occurrence , Three Million Dollars ($3 ,000 ,000 .00)
7 annual aggregate.
8 D. Worker's Compensation
9 A policy of Worker's Compensation insurance as may be required by the
10 California Labor Code .
11 CONTRACTOR shall obtain endorsements to the Commercial General Liability
12 insurance naming the County of Fresno, its officers , agents , and employees , individually and
13 collectively , as additional insured , but only insofar as the operations under this Agreement are
14 concerned . Such coverage for additional insured shall apply as primary insurance and any other
15 insurance , or self-insurance , maintained by COUNTY , its officers , agents and employees shall be
16 excess only and not contributing with insurance provided under CONTRACTOR's policies herein .
17 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
18 written notice given to COUNTY.
19 Within thirty (30) days from the date CONTRACTOR executes this Agreement ,
20 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of
21 the foregoing policies , as required herein , to the County of Fresno , (Greg Reinke , Probation
22 Administration Division Director, 3333 E. American Avenue , Fresno, CA 93725), stating that such
23 insurance coverage have been obtained and are in full force ; that the County of Fresno , its
24 officers , agents and employees will not be responsible for any premiums on the policies; that such
25 Commercial General Liability insurance names the County of Fresno , its officers , agents and
26 employees, individually and collectively , as additional insured , but only insofar as the operations
27 under Agreement are concerned ; that such coverage for additional insured shall apply as primary
28 insurance and any other insurance , or self-insurance , maintained by COUNTY , its officers, agents
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1 and employees , shall be excess only and not contributing with insurance provided under
2 CONTRACTOR 's policies herein ; and that this insurance shall not be cancelled or changes
3 without a minimum of thirty (30) days advance , written notice given to COUNTY.
4 In the event CONTRACTOR fails to keep in effect at all times insurance
5 coverage as herei n provided, the COUNTY may , in addition to other remedies it may have ,
6 suspended or terminate this Agreement upon the occurrence of such event.
7 11 . AUDITS AND INSPECTIONS
8 The CONTRACTOR shall at any time during business hours , and as often as
9 the COUNTY may deem necessary , make available to the COUNTY for examination all of its
10 records and data with respect to the matters covered by this Agreement. The CONTRACTOR
11 shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records
12 and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
13 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR
14 shall be subject to the examination and audit of the Auditor General for a period of three (3) years
15 after final payment under contract (Government Code Section 8546 .7).
16 12. NOTICES
17 The persons and their addresses having authority to give and receive notices
18 under this Agreement include the following :
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COUNTY
COUNTY OF FRESNO
Phillip Kader, Interim Chief
Probation Officer
3333 E . American Avenue , Suite B
Fresno, CA 93725
CONTRACTOR
CITY OF KINGSBURG
Neil Dadian , Chief of Police
1300 California Street
Kingsburg , CA 93631
Any and all notices between the COUNTY and the CONTRACTOR provided
24 for or permitted under this Agreement or by law shall be in writing and shall be deemed duly
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served when personally delivered to one of the parties, or in lieu of such personal services , when
deposited in the United States Mail, postage prepaid , addressed to such party .
13 . GOVERNING LAW
The rights and obligations of the parties and all interpretation and performance
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1 of this Agreement shall be governed in all respects by the laws of the State of California . Venue
2 for any action arising out of or related to this Agreement shall only be in Fresno County , California.
3 14 . CUMULATIVE REMEDIES
4 No remedy or election hereunder shall be deemed exclusive but shall,
5 wherever possible, be cumulative with all other remedies at law or in equity .
6 15. SEVERABILITY
7 In the event any provisions of this Agreement are held by a court of
8 co mpetent jurisdiction to be invalid , void , or unenforceable , the remaining provisions of this
9 Agreement will nevertheless continue in force and effect without being impaired or invalidated
10 in any way .
11 16 . WAIVER
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The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement. No waiver of a party's breach of any
provision of this Agreement shall be effective unless the waiver is in writing and signed by the
party against whom the waiver is sought to be enforced . Waiver of any one provision herein
shall not be deemed to be a waiver of any other provision herein .
17. INTERPRETATION
The parties acknowledge that this Agreement in its final form is the result of
the combined efforts of the parties and that , should any provision of this Agreement be found to
be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in
favor of or against either party , but rather by construing the terms in accordance with their
generally accepted meaning .
18 . NO THIRD PARTY BENEFICIARIES
Nothing set forth in this Agreement shall create any legal rights in any
person not a party to this Agreement.
19 . EXHIBITS
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1 Each exhibit and attachment referenced in this Agreement is , by reference,
2 incorporated into and made a part of th is Agreement.
3 20. ENTIRE AGREEMENT
4 Th is Agreement constitutes the entire agreement between the CONTRACTOR and
5 COUNTY with respect to the subject matter hereof and supersedes all previous negotiations ,
6 proposals, commitments , writings , advertisements , publications , and understandings of any nature
7 whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written.
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FOR ACCOUNTING USE ONLY:
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0001
34309999
10000
7295
nager, City of
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COrJr FRESNO
Brian Pacheco
Chairman, Board of Supervisors
DATE:
ATTEST:
· Ber-nke·E-. Seidel,. Clerk
Boar:d··ef-Super;visors
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B: ~
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Deputy
The Public Safety Realignment Act
AB 109
lmple1nentatio11 Plan 2011
County of Fresno
Exhibit A
Executive Conunittee of the Community Col'l'ections Partnership
Linda Penner, Chief Probation Officer, County of Fresno (Chair)
Hon. Gary Hoff, Presiding Judge, Fresno County Superior Co urt
Sheriff Mai-garet l\1ims, County of Fresno
Elizabeth Egan, Distric t Attor n ey, County of Fresno
Kenneth Taniguchi, Public Defendec, County of Fcesno
Jerry Dyer, Chief, Fresno Police Dep artment
Donna Taylor, Director, Behavioral Health, County of Fresno
·v·'· "'
The following statement was developed and approved by the Executive Committee of
the Fresno County Community Corrections Partnership {CCP} on August 19, 2011 . On
that date , AB 109 the Public Safety Realignment Act Implementation Plan was fina li 2ed
and approved by the Executive Committee for submission to the Fresno County Boa rd
of Supervisors:
"Although AB 109 delineates a funding formu l a for implementation of this legislation , it
appeart that th i s ini1ial funding is inadequate to accomplish the specified objectives of
realignment or to establish the framework necessary to implement the Community
Corrections Partnership within the aggressive time line set by the State of California.
The Fresno County CCP is concerned that the state of California significantly
underestimated the population to be realigned to Fresno County. The funding is
disproportionate to the task required which inhibits the CCP from fully providing the
safest possible realignment for our community .
In order to provide maximum safety within our c ommun ity, this plan will ensure
offenders are held accountable by placing an emphasis on incarce ration and
supervision, while at the same time providing services to offenders that will ensure the
highest probability of succeeding ."
AB109
The Public Safety Realignment Act
Summary and Overview of Legislation
In an effort to address overcrowding in California's prisons and assist in alleviating the
state 's financial crisis, the Public Safety Real ignment Act (Assembly Bill 109) was
signed into law on April 5, 2011 . AB 109 transfers responsibility for supervising
specified lower level inmates and parolees from the California Department of
Corrections and Rehabilitation to counties . Implementation of the Public Safety
Realignment Act is scheduled for October 1 . 2011.
Additionally, Section 1230 of the California Penal Code is amended to read "Each
county local Community Corrections Partnership established pursuant to subdivision (b)
of Section 1230 shall recommend a local plan to the County Board of Supervisors for
the impl ementation of the 2011 public safety realignment. (b) The plan shall be voted on
by an executive committee of each county's Community Corrections Partnership
consisting of the Chief Probation Officer of the county as chair, a Chief of Police, the
Sheriff, the District Attorney, the Public Defender , presiding Judge or his or her
designee, and the department representative listed in either section 1230 (b} (2) (G),
1230 (b) (2) (H}, or 1230 (b) (2) (J) as designated by the county board of supervisors for
purposes related to the development and presentation of the plan . (c) The plan shall be
deemed accepted by the County Board of Supervisors unless rejected by a vote of
4/5ths in whic h case the plan goes back to the Community Corrections Partnersnlp for
further consideration. (d) Consistent with local needs and resources , the plan may
includP. rec.ommP.nd~tio n s to m:;iximize the e ffective inves:tmgnt of c rimin::;il ju~tic::A
resources in evidence-based correctional sanctions and programs, including, but not
limited to, day reporting centers , drug courts, residential multi-service centers, mental
health treatment programs , electronic and GPS monitoring programs . victim restitution
programs, counseling programs, community service programs, educational programs ,
and work training programs.11
Key Provisions in AB 109
Redefining Felonies: Revises the definition of a felony to include certain crimes that
are now punishable in jail for 16 months, 2 years, or 3 years instead of state prison .
Some offenses, including serious, violent and some sex-offenses, are excluded and
sentences can continue to be served in state prison.
Local Post Release Community Supervision: Offenders released from state prison on
or after October 1, 2011 after serving a sentence for an eligible offense shall be subject
to, for a period not to exceed 3 years, post release community supervision provided by
a county agency designated by that county's Board of Supervisors.
Revocations Heard & Served Locally: Post release community supervision and parole
revocations will be served in local jails (by law maximum revocation sentence is up to
180 days), with the exception of paroled 'lifers' who have a revocation term of greater
than 30 days. The Courts will hear revocations of post release community supervision
while the Board of Parole Hearings will conduct parole violation hearings in jail.
Changes to Custody Credits: Jail inmates will be able to earn four days of credit for
every two days served. Time spent on home detention (i .e ., electronic monitoring) is
credited as time spent in jail custody.
Alternative Custody: Penal Code Section 1203.018 authorizes electronic monitoring for
Inmates oe1ng neta In me coumy Jall 1n ueu or oa11 . E11gm1e inmates must nrst oe ne1a In
custody for 60 days post-arraignment , or 30 days for those charged with misdemeanor
offenses.
Community-Based Punishment: Authorizes counties to use a range of community based
punishment and intermediate sanctions other than jail incarceration alone or traditional
routine probation supervision .
Background and Information
This historic legislation sets into motion a number of fundamental changes related to the
incarceration, supervision and treatment of a designated group of offenders and
provides Fresno County with the ability and limited funding to provide correctional
services. AB 109 offers support for community corrections and its multiple goals of
offender accountability, surveillance and supervision as well as fiscal accountability.
AB 109 reduces the number of offenders incarcerated in the state prison and releases
offenders convicted of specified felonies (low risk sexual offenders defined by Static 99 .
non-violent offenders and non-serious offenders) to counties of commitment. It also
changes the California Penal Code and sentencing practices to keep these offenders of
specified felonies from being committed to state prison .
Community Corrections as detailed in the Realignment Act are non-prison sanctions
imposed by a court that move offenders through a system of services that are evidence
based and available to those who will most likely benefit from them thereby redeeming
both offenders and economies. The magnitude and scope of the legislation has
required a paradigm shift for the criminal justice system in Fresno County. The ju~tice
partners in conjunction with the Community Corrections Partnership stand ready and
competent to provide for public safety services mindful of the realignment focus on
evidence based practices and solutions for alternatives to incarceration and reentry
joined with public safety services.
in octooer 2m ·1 tnrougn ocmoer or 2013, Fresno county wm receive ·1~95 returning
offenders from the California Department of Corrections and Rehabilitation for post
release supervision services. In addition , with the implementation of sentencing
reforms , those offenders convicted of specified felonies will be punishable in a county
jail or other local sentencing option for more than one year. 60th of these actions will
have considerable impact on the community and the justice system in Fresno County.
To address these anticipated needs, a number of proposals are recommended that will
build ground up a system of fiscally responsible, data drive n , evidence based rigorous
reforms to current operations that will be inclusive , comprehensive and transparent.
The proposed strategies consider the expected multidimensional needs of the new
realignment population and the solutions necessary to achieve the balance between
public safety and the spirit of the legislation . The goals of increased public safety
through reduced victimization can be met at the local level providing there is
understanding that is informed and based on the already established and verified body
of knowledge of evidence based practice , principles and programs.
SB 678 California Community Corrections Performance Act
The National Institute of Corrections (NIC) recommends that correctional systems
establish local values , principals and process based on evidenced based research . It is
anticipated that the CCP will utilize an · evidenced based and logic models as it moves
forward in the development and implementation of services .
Evidenced based programs are found in the SB 678 California Com munity Corrections
Partnership Act. In 2009 the State of California enacted SB 678 which provided a
formula based system for sharing state savings with probation departments for
improved supervision of felony probationers and reduced prison admissions. Fresno
County Probation received $1 ,270,000 to develop and enact evidence based
programming (EBP) for adult offenders . This award cont inues through September 30,
2012 . The fundina allowed for the immediate develooment of EBP in coniunction with
supervision practices that were likely to improve the probation performance of offende rs
and reduce the likelihood that the probationers would commit new crimes and other
violations resulting in a prison commitment. Several practices have been identified and
are in the process of being integrated and imp lemented as well as evaluation programs
being put in place to determine effectiveness.
Evidence Based Practices: Fresno County Probation
Risk-Needs Assessment
The Static Risk Offender Needs Guide (STRONG) is a 4th generation , state-of-the-art, evidence-
based risk and assessment and automated supervision planning system for adult offenders. It's
most salient benefit to corrections agencies is its ability to help personnel predict rec idivism by
type of crime (violence, property or drug offenses, etc.). This allows probation supervisors to
tailor the most effective decisions and courses for corrections by individual offender.
The resource is delivered through a Web -based interface and enables clients to manage intake,
assessment administration, case plan management and outcome reporting from a single
software application . Core components of the program are aimed at providing a precise and
objective assessment to gauge the individual's risk level for future criminal acts and a
prescriptive component that guides corrections personnel in tailoring supervision, treatment and
services for optimal rehabilitative resu lts. The tool ensures that treatment and public resources
are devoted to the highest risk offenders and an objective, consistent and simple method of risk
prediction and necessary levels of supervision .
Part 1: Static Risk Assessment The program begins with a 26-question assessment of "static"
factors and scores that determine future risks in three areas: 1) felony , 2) non-violent felony ,
and 3) violent felony. These risk scores lead to classification of offenders into one of five levels:
• High Risk Violent
• High Risk Property
• High Risk Drug
• Moderate Risk
" Low Risk
Part 2: Offender Needs Guide
Each high-risk offender receives an Offender Needs (Criminogenic) Assessment reached via a
70-question survey covering social achievements, support systems, cognition and personality
traits. Questioning covers education , employment, residential stability, marriage/family, friends,
aggression, coping ski lls and substance abuse, as well as criminal history.
Part 3: Offender Supervision Plan
STRONG offers the ability to auto-populate the Offender Needs Guide data into an Offender
Supervision Plan which recommends specific interventions ta rgeting the "dynamic risk" factors
related to criminal behavior. Targeting the greatest individual ris k factors of an offender and
identifying specific interventions to treat them allow agencie s to actively facilitate the kind of
positive change that can ultimately keep the offender out of the criminal justice system and help
them become productive members of society .
Adult Day Reporting Center
Adult Day Reporting Centers (ADRC), are on-site cogn it ive restructuring programs designed as
Evidence Based Practices and designed to cha nge an offend er's adverse thinking patterns,
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provide education and job training to enab le long-term employ m ent , and hold offenders
accountable during the day.
T h e goals of the Adul t IJ ay Reporti ng Ce nter are to red u ce o ffe nd er rearre s ts and recid ivism .
assist offenders in successful reentry by providing needed serv ices. and in c rease public safety
by holding offenders accountable. Th ese goa ls will be achi eved by providing skill-based lea rning
opportunities, ed ucat ional and vocation al tra ining and in ten sive community s u pervision.
Participants 1n the A dult Day Reporti ng Center:
• Enhance their coping skills th rough group and peer cou n seling
• Locate and maintain stab le housi ng
• Improve educationa l an d vocational skills
• Fi nd a nd ret ain meaningful wo rk
• Stru cture their activit ies within the community
• Receive i ntensive comm unity supervision by th ei r probation officers
In Fresno Cou nty, th e ADRC as designed a nd in the process of moving to full i mplem enta tion
h as identified supervision , t reatment and training for offenders who are identified through
assessment for services. Up to 50 real ignment offenders will eventually enrolled in th e A DRC.
The current facility is co-located w i th the Adul t Drug Suppressi on f un c t ion i n Fresno. Offenders
go through a four-phase prog ram from one da y to seven days per week and are typically see n
on aftercare approximately six months int o the program . A t th e present time California State
University, De partment of Criminology, has su bm itt e d a n application to fund a co mprehensive
process and o utcome eva luation of the A d ult Day Reporting Center program .
Thinking for a Change (T 4C) Adu lts
Val idated as evide n ce based p rogram , Thinkin g for a Ch ange , (T 4C) cog nitive be havior al
therapy has pro ven to be an effect ive p rogram for juvenile s and t h rou gh endowed gr ant fundi ng ,
extended for ad ult offen ding popul ation s. Cognitive-Behavioral Th erap y (CBT) in the T 4C
mod el is an e m pirica ll y supported treatm e nt tha t focuses on pattern s of thinking that a re
maladaptive a nd the beliefs th at underlie such thinking . Si nce 1997, Thinking for a Change
(T4 C) has trained thousands of correctional st aff to facilitat e offender groups in th is evidence-
based co gnitive behavior p rogram. T he Thinking for a Change curri culum u ses as its co re a
problem solvin g comoonent. with both coon itive r estructurin g and social s kill s intervention s.
It was developed to be appropri ate for a wide-range of offender groups, and h as been
imp lemented in all phases of the juvenile and adult criminal j ustice systems with co nsiderable
reductions in r ecidivism .
In Fresn o, probation officers h ave bee n trained and are being train e d in the model and follow ing
assessme nt of offenders those m oved to the model meet wi th probat ion sta ff twice weekly in
groups of ten to stud y and participate in therapy . The Fresno model is part o f the eva luation
that California S tat e Univ ersity has proposed completing on the DRC.
Offend er Link Telephone Reporting
Vali dat ed as a promisi ng pr acti ce , Offender Link identifies low ri sk offenders i n bank caseloads
who can maintain contact via t eleph one reportin g. Thi s all ows probatio n office rs t o focus
attention on medium to high risk offenders through the use of phone and web based services
that simplify client supervision with automated voice authenticated check-ins , interviews and
message delivery. Probationers receive notifications and court reminders. drug test notifications
and specific instructions on conditions of probation
Motivational Interviewing
Motivational Interviewing (Ml) is a client-centered approach for eliciting behavioral change
through helping offenders explore and resolve ambivalence . It is an evidence based practice
that has been shown to effectively change behavi or . It is a positive and focus ed goal based
approach that attempts to increase the offenders awareness of the potential problems caused ,
consequences experienced, and risks faced as a result of the behavior in question . With
offenders, the belief that change is possible is an important motivator to succeed in making the
change . They're held responsible for choosing and carry out actions to change .
Jn Fresno County probation officers and probation techn i cians that have direct client contact are
being trained in the model that will be utilized as an EBP with the realignment population .
Proposed Implementation Plan: Roles and Responsibilities
Fresno County Sheriff's Office: Jail Division
The Fresno County Sheriffs Office is currently responsible for three jails in downtown
Fresno near the main Fresno County Criminal Courthouse . Operationally the jail has
3478 beds available in the three jails but due to budget constraints and reductions, the
bed count is now maintained at 1923 beds . There is no ability for the jail to absorb
additional AB 109 populations at its present funding level and the Sheriff remains under
a federal consent decree for overcrowding that requires release of inmates whenever a
designated bed for the inmate's classification is not available .
With the advent of AB 109 funding it is anticipated that the Fresno County Sheriff would
reopen a floor in the North Annex Jail that has 432 beds. In addition due to security
concerns and classification issues, a small number of classified security beds may be
opened in the South Annex Jail. For the operational dates of October 2011 through
June of 2012, the Sheriffs Office will open one floor with 432 beds. Contingent upon
funding, a second floor with 432 beds would be opened in April 2012 through the end of
the first fiscal year.
8 I :"">,~ tl e
Based on inmate classification criteria and the physical construction configuration of the
North Annex Jail, the 432 beds being considered for use are all Minimum Security
housing beds . This physical configuration facilitates programming for some inmates
while limiting such for others . The Jail system cannot be operated by segregating AB
109 inmates from other inmates . Jail Objective Classification that includes such criteria
as gender, crime, criminal sophistication , gang affiliation etc., determines the use of
housing not the specific funding source . However, the addition of jail beds into the
system will allow for a significantly larger inmate population . consistent with
classification issues to be housed in the reopened floors of the North Annex Jail. This
will include long term commitments under the mandates of sentencing reform and "flash
incarceration "strategies.
Additional inmates include (1) those convicted of a felony now sentenced to 16 months,
two years or 3 years in county jail in lieu of state prison ; (2) the additional number of
offenders who are pretrial; (3) violators of post release supervision up to 180 days ; (4)
violators of state parole up to 180 days; and (5) post release community supervisees
sanctioned with "flash Incarceration" of up to 10 days.
AB 109 changes how credits for good time and work time are calculated. This means
that inmates will be required to serve 50% of their sentence in custody , minus any
credits for time served prior to their sentence as determined by the Court, instead of
two-thirds of their sentence , which is the current law. This change may help mitigate. to
some degree, the impact of longer sentences be ing served in the county jails. Further,
all post release community supervision revocations and almost all parole revocations
will be served locally consistent with the Federal Consent Decree . AB 109 encourages
the use of flash incarceration up to 10 days in county jail for post release community
offenders who violate their community supervision terms.
The Fresno County Sheriff's Office is fully committed to providing proper services for
inmates serving time in jail for a under the auspices of the legislation and will work with
the CCP and all attendant interagency and community provider committees that are
developed to insure that the appropriate service level is met despite limited funding
constraints. Expansion of in-custody programming is necessary to maintain safety and
offer productive use of free time while incarcerated . Enhancements to jail programming
such as substance abuse services and mental health services are considered vital as
part of a comprehensive county effort under the legislation . Evidence based
assessment will become part of the service delivery system .
The use/expansion of the community/agency resources including education and
vocational services will be explored by the Community Corrections Partnership. In
addition, evidence based practices in custodial facilities would include gender
responsive strategies for the female offending population . It is anticipated that due to
the nature of female criminality that the proportion of female offenders in the
realignment population will increase and that services should be explored that reflect
gender paths to criminality and gender responsivity in the justice system provision of
services.
10 I P a [! s
Proposed Implementation Plan: Roles and Responsibilities
The Fresno County Probation Department: Post Release Supervision
The Fresno County Probatio_n Department has been designated by the Fresno County
Board of Supervisors as the Supervising County Agency for the Post Release
Community Supervision program pursuant to AB 109. The department is now in the
position and has the authority to begin receiving information on the inmates that will be
released from CDCR to Fresno County and to make the appropriate plans though the
CCP for offender supervision once retuned to the county. The operational date is
October 1, 2011 .
As the administrator for the post release offenders. a full range of options for comm unity
supervision has been designed by the probation department under an intensive
supervision model. Available under proposed community release strategies are home
detention with electronic monitoring and GPS, the Adult Day Reporting Center ,
urinalysis testing , cognitive behavioral interventions, adult offender work program,
referrals to a community network of substance abuse and mental health services and
residential treatment programs, referral for educational and training programs and Mflash
incarceration" as necessitated for violation of supervision conditions .
As designated in AB 109 legislation , a post-release supervision cannot exceed a period
of three years , however, offenders may be discharged earlier following a period of
successful community supervision; any revocations will be served in the county jail for
up to 180 days in length . As discussed in the realignment legislat ion, probation is to
supervise under appropriate terms and conditions of probation , consistent with evidence
based practices , treatment services and a series of progressive incentives and
sanctions .
Post Release Supervision Model
A supervision ratio for this population has been set at one deputy probation officer per
50 offenders . The officers and support staff will be located at a site that will facilitate
program as well as safety and security . The officers will have full access to the Adult
Day Reporting Center. The probation department will transition monthly into a
specialized supervision unit with the responsibility of intensive supervision based on the
numbers being released from CDCR. It is estimated that an average of two probation
officers will be hired each month through June of 2012 in the initial phase. During the
initial phase of realignment for post release community supervision, approximately 794
post release supervision offenders will be received in the county from state prison . It is
estimated that this population will grow through 2013 to a total of 1598 offenders having
been release d to the county of Fresno.
800 -·------
Estimated Postrelease Community
Supervision Average Daily Population
I
I ---. ---·-·---. i
. '
I
400 +------"--.lt£--·-------·-----:------------·---~------1
I
I
200 +---.•-----------------,---------:------------i
Supervision of the post-release population from CDCR by the Fresno County Probation
Department is based on the AB 109 legislation that provides for community supervision
not to exceed three years and discharge in a minimum of six months if they are
successful under the terms of community supervision . Offenders in this population can
be revoked for up to180 days; requiring participation of the Courts, the District Attorney
and Defense Council, and any time served must be in the county jail.
In keeping with the legislation , the probation department may impose appropriate
sanctions as deemed necessary by the supervising probation officer as approved by the
Superior Court. An expanded continuum of sanctions process is being developed by
the probation department and a matrix of graduated revocations is also under
construction consistent with evidence based practices demonstrated to reduce
recidivism . This can and will include resource and referral, treatment, day report center
131 P a g e
and up to ten days custodial time "flash incarceration" for violating specific terms and
conditions of release .
Adult Day Reporting Center
The Fresno County Probation Department plans to expand the Adult Day Reporting
Center (ADRC} to provide probation services to offenders in the medium-high risk
offender category. The Probation Department anticipates that providing additional
rehabilitative services to this target group will prove to be the most efficient and cost
effective use of resources for the realignment population . The ADRC will be a one-stop
center for offender accountability and evidence-based supervision and services . 1t will
provide supportive supervision and treatment services for eligible offenders as identified
through assessment.
Once an offender is determined to be eligible through an objective assessment
instrument, the probation department will refer the offender to the ADRC, where he/she
will be closely monitored and report regularly for drug and alcohol screening and receive
intensive case management, substance abuse treatment, life skills, pro-social skill
development, career guidance, and job training . The services provided at the ADRC will
be designed to break the offender's entrenched criminal behavior through onsite
services. The Probation Department fully anticipates that by addressing the gap in
service delivery for this offender population, through evidence-based practices at the
ADRC, it will be able to significantly reduce levels of recidivism within this population.
Through the auspices of SB 678, the probation department has participated in training
and implementation of evidence based practices that influence supervision practices
and that have proved effective nationally in reducing recidivism with improved outcomes
for offenders . The department has invested significant resources and manpower in the
selection and implementation of the STRONG Assessment tool. The data interface for
the department has been completed , beta testing is about to begin and the assessment
tool will be ready by October 2011. It is the departments plan to use STRONG the
14 I ;, .i g '':
validated risk-needs tool, throughout service provision beginning in the pretrial service
arena .
Adult Compliance Team {ACT)
Intensive supervision based on offender assessment enjoined with evidence bas ed
practices forms the cornerstone of the supervision model. This intensive approach is
seen in the formation of an interagency safety alliance with Fresno city and county
justice partners that creates an additional level of offender accountability and public
safety, the Adult Compliance Team {ACT). The "strike team" concept is used to
describe officers dedicated to particular enforcement and safety purposes with an
immediate capacity to take action .
At implementation , the Adult Compliance Team will consist of sworn officers from the
Fresno County Probation Department, the Fresno County Sheriffs Department, the
Fresno Police Department, the Clovis Police Department and an investigator from the
Fresno County District Attorney 's Office. Contingent upon future funding , the team will
attempt to add officers from various law enforcement agencies in th e county of Fresno .
The purpose of the inter-agency compliance team is to add an additional layer of
offender supervision and public safety. This team however is multi-purposed: to enforce
conditions of probation ; to note trend s in th e realignment population and to be able to
efficiently respond to issues; to provide information and direction for all law enforcement
agencies in the county of Fresno and to be the point of contact for dissemination of
offender information: to respond rapidly with knowledge and information about the
offenders in such case as such emerg ency situations may arise stemming from this
population ; and to mitigate th e need for custodial services through appropriate early
interventions. In addition. the team can provide surveillance and warrant sweeps in
conjun ction with other law enforcement agencies .
15} f' il § c
ACT assigned officers will complete all training in relation to evidence based practices
including cognitive behavioral therapy and Motivational Interviewing conforming to
evidence based decision making capabilities with the development of a matrix of
graduated recidivism sanctions.
Fresno County Probation Department: Pre-Trial Services
Supervised Honor Release
Effective October 1, 2011 definition of a felony is amended to include certain crimes that
are now punishable in jail for 16 months, 2 years, or 3 years instead of state prison .
Some offenses, including serious, violent and some sex-offenses, are excluded and
sentences can continue to be served in state prison. This offender population will now
serve time locally and is expected to greatly impact the operation of the Fresno County
Jail and the provision of services. In addition to the amended legislation, alternative
custody is considered for_inmates being held in the county jail in lieu of bail. The
amended legislation also discussed the use of a range of community based punishment
and intermediate sanctions other than jail incarceration alone or traditional routine
probation supervision .
After a person is arrested and placed in custody. there is an opportunity for the justice
system, commensurate with public safety , to determine if conditional release is
appropriate . Pretrial service programs interview defendants to gather information:
references to verify the community ties and substance abuse or mental health
information; investigations into prior criminal history ; prior record of appearance In court,
and current status with the criminal justice system as to probation and parole histories .
Compiling all this information, pretrial services staff then make an assessment of the
risks of danger to the community posed by each defendant and use appropriate
validated risk/needs assessment tools for information and decision making. Pretrial
service officers submit a report risk assessment and a recommendation regarding
release to judicial officers. Research has demonstrated that the pretrial release
16 I Pace
decision , controlling for all other factors, has the largest impact on the outcome of a
case and custodial services. Defendants who are detained are more likely to be
sentenced to incarceration , thereby impacting local custodial facilities .
The Fresno County Probation Department operated the SHARP prerelease program
from 2007 through 2010 to reduce jail overcrowding while providing services to pretrial
offenders. The program was discontinued due to funding . Identified as an evidence
based practice, a pretrial services program could greatly enhance the capabilities of the
justice system in Fresno to provide for public safety while providing delivering
appropriate correctional interventions and referral to a population that has been shown
in numerous national studies to benefit from the services. Two deputy probation officers
will be assigned to the initial development of a service and accountability based
program to supervise pretrial releases . This would include the use of electronic
monitoring/GPS and drug testing and could include post-disposition (bridge) and reentry
services as well.
Also critical for the pretrial program is th e integration of the STRONG risk needs
assessment with jail systems. As the probation de partment strives to develop and
implement evidence based practices in pretrial services, the need for appropriate risk
needs assessment is required . Through the use of STRONG, the risk needs
assessment could be completed at the jail by probation technicians . Following
assessment, they could prepare packets with sign ificant information on offenders that
support public and victim safety should the offender be considered for supervised
release.
In consideration of pre-and post-disposition services , CCP providers and users would
benefit from an automated real time treatment and refe rral system that would save time
and mon ey . Utilizing purchased and interfaced software between agencies, the system
(PRIME) allows referrals to an 'open seat/open bed ' in individual and group settings with
treatment providers and w ithin seconds of the referral , availability is known .
11 I j:;; g e
Lastly , an evidence based practice that is shown to be effective in pretrial services
according is a "reminder servicen. The problem of failure to appear (FTA) can be
extraordinarily costly , both in terms of the financial cost to local justice systems and the
integrity of the judicial process. Each court date missed has a ripple effect throughout
the justice system, leading to inefficient use of time and resources that are often already
overtaxed. Missed court appearances frequently result in arrest warrants that require
justice system resources for processing and serving. Defendants arrested on warrants
for FT A often spend more time in local jails when compared to other jail admissions .
Missed court appearances impact victims and witnesses that share a stake in the court
hearings. Reminding defendants of their court appearances with court date notifications
is a pretrial release intervention designed to reduce failure to appear and associated
costs. Systems of reminders such as live , automated and mail have been shown to be
effective and the pretrial services staff should consider the use of such a system .
As with any effective and comprehensive pretrial services program, the relationship with
the criminal court , the probation department, district attorney, public defender and the
sheriffs department must be open and collaborative. All agencies will work together to
insure that services are supportive of public safety as well as the offender.
1a I P 3 g ~
Proposed Implementation Plan: Roles and Responsibilities
Treatment and Services Coalition (T ASC)
Central to AB 109 legislative intent and critical to the success of the realignment
population is the development and implementation of treatment services that address
criminogenic needs . Best practices include a combination of surveillance and
treatment for probationers, rather than one or the other alone based on the use of
evidence-based practices risk and needs assessment tools. It is known and expected
that a significant number of the realignment population have long standing unaddressed
substance abuse problems and/or mental health issues that will need to be considered
as the CCP plan goes forward . Treatment as part of the offenders' adjustment on
probation has long been seen as the avenue to successful completion of probation and
a crime free reintegration into the community . Since the majority of offenders and
incarcerated populations have serious substance abuse problems, many
contemporaneously with mental health issues, treatment and appropriate services must
be developed and should be considered a critical risk reduction strategy . It is the
recommendation that a Treatment and Services Coalition (T ASC) committee be formed
to address the outstanding service needs and service gaps that may be identified for
this population.
19 I Fas F.
Roles and Responsibilities
Program Research and Evaluation
An objective and evidence -based study to assess the validity and effectiveness of the
justice systems response to and the outcomes for the realignment population is critical
to determine if the challenges of crime and justice at the county level, including reduced
victimization and recidivism have been appropriately met.
The program evaluation should commence immediately and include a process
evaluation to assess the implementation of the strategies and services created and
directed to the realignment population. In addition, an outcome evaluation that would
measure the impact of the strategies and services created for the offending population
in reducing recidivism among the id e ntifie d population using quantitative research
analysis should also be completed .
Qualitative and quantitative data on evidence-based programs are important in
corrections. Without effective evidence-based supervision , programs, and services, the
system exists without empirical evidence of program effectiveness and compromises its
ability to assist thos e on probation with changing th e ir criminal behavior.
Quality assurance through systematic observation and evaluation of various
components of the Fre sno County system is a necessity as well. Th is is in order to
assure and maximize the probability that the minimum standards set by the CCP are
maintained throughout the system .
20 I P ag e
Tl1e Public Safet)' Realig11111ent Act
~A.B 109
Update to 2011 I111plementatio11 Plar1
2013
ExeclLtive Committee of the Com,1n1uiity Corrections Partnership
Linda Penner~ Chief Probatiou Officer. County of Fn~sno (Chair)
S he:r a n Jlorto11, Co urt Exe cut.jye Officer~ Fresuo County Superior Court
S heriff l\'Iargare·t )lims . Couuty or Frf"S llO
Elizabeth Egan. District Att.orne~. County of l•resuo
K e mw tl1 Ta11iguchi. Pub li c D~fe11dcr. County of Fresno
J e r:ry Dy~r. C hj e f. Fresno Police D ep art1nent
Dom1a Tavlor. Dirf'ctor. B e haYiora .l lle-alth . County of Fresno . , .
. ..
Background
AB 109
The Public Safety Realignment Act
Update to the 2011 Implementation Plan
County of Fresno
2013
On August 19 , 2011, t he Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Plan for 2011 . On September 13 , 20 11 the CCP moved the
Implementation Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervisors for approval of the plan pursuant to Assembly Bill (AB)
117. On that date, the Implementation Plan and the associated budget and resolutions
were approved . The Plan has been operationa l since that time .
Changes are set to occur in the operation of associated programs in the County of
Fresno under the auspices of AB 109. The intended development and imp lementation
of new programs requires an am ended and updated plan for Fresno County that has
been developed and set for approval by the Community Corrections Partnership (CCP)
on March 15, 20 13 .
In the o rig inal legislation under AB 109 in 2011 , Section 1230 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subd i vision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors fo r the impleme ntation of th e 20 11 public safety
realignment. (b) The plan shall be voted on by an executive committee of each county's
Com munity Corrections Partnership consisting of the Chief Probation Officer of th e
county as chair, a Chief of Police, th e Sheriff. the District Attorney , the Publ ic Defender,
Presiding Judge or his or her designee . and the department representative listed in
either section 1230 (b) (2) (G}.1230 (b) (2) (H), or 1230 (b) (2) (J) as designated by the
county board of supervisors for purposes related to the development and presentation
of the plan . (c) The plan shall be deemed accepted by the County Board of Supervisors
unless rejected by a vote of4/5ths in which case the plan goes back to the Community
Corre ct ions Partnership for further c onsideration .
Consistent with the legislation a nd local needs and resources , the plan is now
undergoing modifications and includes proposals t hat increase and maximize th e
effective investment of criminal justice resou rc es in evidence-based correctional
sanctions and programs for public safety .
In keeping with the legislation as to reporting changes in county CCP operational plans
and services. this proposal delineates proposed changes and modifications to the
original 201 1 plan for the County of Fres no.
~ I
Legislative Mandate History
The Fresno County Implementati on Plan of 2011 follows the legislative mandates and
intents as specified in the legisiation a nd identified below. The programs , services and
activities have been built both upon th e guiding principles stated in the legis lation that
controls rea lignment as well as the needs identified through the o peration of the
program locally .
The Public Safety Real ignment Act (Assembly Bili 109) was signed into law on April 5.
2011 in the State of California
Several mandated cha nges took place upon th e implementation of the law on October
1 , 2011:
(1). AB 109 transferred responsibility for supervising specified lo wer level inmates and
parolees fr om thP. Californla Department of Corrections and Rehabil ita tion to counties .
This population , the Post Release Community Supervision (PRCS ) offenders became
eligible for county supervision for a period not to exceed 3 years . provided by the county
agency designated by that coun ty's Board of Supervisors . In Fresno County, the Fresno
County Pro bation Department has the designated responsibility for PRCS supervision.
(2) The definition of some fe lony crimes was revised to include certain crimes that
became punis hable in ja il for 16 months 2 years , or 3 yP.ars instead of s tat e prison .
although some offenses. including seriou s, viol e nt and some sex-offenses , are excluded
and sentences can con ti nue to be served in state priso n .
(3) Post Release Community Supervisi on (PRCS) and state parole revocations are now
served in local jails (by law maximum revocation sentence is up t o 18 0 days). with the
exceptio n of paroled 'lifers· who have a revocation term of greater th a n 30 days. Th e
Superior Courts through the implementation of the legislation now hear revocat ions of
Post Release Community Supervisio n (PRCS). offe nd ers with the Board of Parole
Hearings conducti ng parole violation hearings through July 1, 2013 at w h ich time t he
Superior Courts will assume resp onsibil ity for sta te parole revocations
(4) Changes to c ustody c redits have occurred in wh ich jail inmates are now able to
earn four days of credit for every two d ays served. T ime spent on home dete ntion (1 .e ..
electro nic monitoring ) is cre dited as time spent in jail c ustody.
(5) Penal Code Section 1203.018 now authorizes electro nic monitoring tor in mates
being held in th e cou nty jail in lie u of baii. Elig ible inmates m ust first be held in custody
for 60 days post-arraignment. 30 days for those charg e d with misdemeanor offenses or
the inmate is app:opriate for th e prog ram based on a determ inat ion by the co rrec tional
administrator that th e inm ate·s participa tion wo u ld be consistent with the public safety
interests of th e community.
(6) Under the authority of the legislation , community based punishme nt was authorized
that allows counties to use a range of community based punishment and intermediate
sanctions other than jail incarceration alone or traditional routine probation supervision
for the identified population s.
Changes to 2011 Implementation Plan
Programs that were approved and funded in the original Implementation Pl an of 2011
are ongoing. Due to the additions and changes that have occurred in the operation of
AB 109 programming , the updated plan is required for the Community Corrections
Partnership (CCP) as well as the attendant budget a nd salary resolutions that will be
reviewed by the Fresno County Board of Supervisors following the approval.
Given the influence in the legislation to utilize evi dence based practices and programs
through a range of community based services and sanctions, and base d on a
de terminati o n of needs as ascertained through th e operation of the AB 109 Programs
locally, there are several noteworthy additions and modifications to the approved plan .
Changes and additions to the original 2011 plan have been made in the Fresno County
Sheriffs ' Office. Fresno County Prob ation Department, the Fresno County Dep artment
of Behavioral H ea lth and the Fresno County Department of Public Health .
These changes, additions and modifications are :
• Jail Transition Unit
• Jail Medical Services
• Probation Supervision and Referral Services
• Behavioral Health Contracts
• Adult Compliance Team
• Pending RFP 's for services
O n January 22, 2013, the CCP solicited and accepted proposals from interested parties
for the addition a nd expansion of se rvice s based on identified needs and priorities of the
CC P . On February 27, 2013 additional programs for which proposals had been
submitte d were selected and will further modify th e operation of local AB 109 se rvice
provision .
.__ ____________ F_re_s~o County Sheriffs Office ___________ _,
With the advent of AB 109 funding it was anticipated that the Fresno County jail would
reopen 432 bed s in the North Annex Jail whi c h o ccurred on October 1, 20 11 . An
additional floor of the North Annex Jail with 432 beds opened on September 1, 2012 .
With the support of CCP funding . this has allowed for the accountability necessary for
the foundation of the public safety services provided through realignment.
Fresno County Jail Operations : New Program T JCU
In November of 2012 . the Fresno County Sheriffs Office and the Fresn o County
Probation Department were seiected to be part of the national Transition from Jail to
Community Initiative (T JC). Through the award the agencies have begun a process to
reverse the trend of criminal recidivism in adult correctional populati ons Throug h the
provision of evidence based planning. the jail committed to develop jail services and
programs that connect to a continuum of communi1y services designed to en hance
successful integration. The T JC project has been instrumental in assisting in the
development of a transition pod proposed and approved under the auspices of AB 109
funding on February 27 . 2013 . Through the collective operation of the probation and
sheriffs departments . the Transition from Jail to Community Unit (T JCU) will be opened
in the North Annex Jail housing up to 72 sentenced prisoners and identified through
assessments with commitment times of one year or more . The ACTS Jail Assessment
model will provide both proxy scoring and cri minogenic risk needs score for
programming . Evidence ba sed tran sition services will be developed includi ng
edu::;ation, substance abuse . and community services . The jail will attempt to deve lop
class and program space and will work with the Community and Custody Resources
Subcommittee of the CCP to encourage community engagement in the process of
building a reentry unit as well as faith based programming . Staff will be cross-trained in
cognitive behavioral programming provided by probation including Motiv ational
interviewing and Thinking for a Change . The probation staff w ill add iti onally case
manage unit offenders and work on the progressive reen try iss ues including comn;unity
transition through program phases .
---------------.. --·------·------· ·---------·--·
Fresno County Department of Public Health
....._ ____ w ---------• _ ........ ---··· ---• ---•• -·· .,--------·-----·
Jail Medical Services
Following approval of the Implementation Plan in 2011 and on September 13, 2011 th e
Department of Public Health requested and received an allocation for medical services .
This w as later increased due to a higher level of AB 109 inmates in th e jail with an
additionai reserve amount put aside to address future costs . Medi cal services are
mandated by T itl e 15 , Divis ion I of th e Cal iforn ia Code of re gu lations. On February 27.
20 13 th e CCP authorized additiona l f unding for Jail Me d ical services due to continuing
increased c osts in the jail
Although not specifically identified in the original lmpiementation Plan o f 2011 , th e
provision of medical and mental health servi ces is i n keeping w ith the full course
treatment aspect of realignment and state mandates for jail m ed i ca l services.
Fresno County Probation Department L -----------------'-----·--'---------------'
Post Release Community Supervision offenders in the first year of operation totaled
1,581 individuals who were released to the Fresno County Probation Department for
services. Trends noted in the first year of operation and continuing to date are the
appreciably higher number of offenders received versus the number projected to be
released . Another trend in the offending population is the use of alcohol and drugs with
multiple problems related to this substance use , including family conflict , employment,
anti-social behavior and new offenses . The need for mental health services was
immediately apparent in the PRCS population. Some required inpatient level of care .
The probation department opened the AB 109 'one-stop' offender services office on
Winery Avenue in Fresno California . At that location, AB 109 offenders can meet with
their probation officers , be referred to the Adult Day Reporting Cen ter on campus, drug
test and be referred to needed services there including Workforce Connection .
To address trends in the offending population since the development of the 2011
Implementation Plan the Probation Department has partnered with both the Department
of Behavioral Health for Turning Point of Central California , Inc. (Turning Point)
treatment services for PRCS offenders and the Fresno County Sheriff's Office for
offender services that will occur both in and out of custody.
Additional Service Provision
Co-located at that location a re the menta l health and substance abuse services of
Turning Point of Central Ca lifornia through a contract implemented in 2012 with the
Department of Behavioral Health . Turning Point provid es both mental health and
s ubs tance us e disorder se rvi ces at their First Street Center. Turning Point provides a
full array of services to includ e. outpatient mental health and substance use disorder
treatment, full services partnership se rvices for severely mental ill clients . residential
detoxification and treatment , and sober living housing . The contract with Turning Po int
was expanded due to the increased need for additional residential beds for offenders .
~-----___ F_r_e~no County De_partment of _Be_t,avior!3I Heal!h ____ _ I
I
The Implementation Plan of 20 11 stated that, "Central to AB 109 legislative intent and
critical to the success of the realignment population is the development and
implementation of treatment service s that address criminogenic needs ... It is known and
expected that a significant number of the realignment population have long standing
unaddressed substance abuse problems and/or mental health issues that will need to
be considered as the CCP plan goes f orward ... Since the majority of offenders and
incarcerated populations have serious substan ce abuse problems . many
contemporaneously with mental health issues, treatment and appropriate services must
be developed and should be cons idered a c ritical risk reduction strategy ."
Fresno County Department of Behavioral He alth (DBH) was tasked with providing
mental health and substance use disorder services for the PRCS population . DBH
determined these servi ces would be provided by a community based provider. After
going through the county's competitive based process a contr act was awarded to
Turning Point of Central California .
Turning Point provides both mental health and substan ce use disorder services at their
First Street Center as well as assessments and limited outpatient services at probation 's
Winery Ave nue site . Turning Point provides a full array of services to include, outpatient
mental health and substance use diso rder treatment, full services p artnership servi ces
for severely mental ill clients , residential treatment , sober living housing. The contact
was expanded on September 11 , 2012 due to the increased need for residential and
treatment bed s for offenders.
-----
L--------Multi-Agency A~ult Compliance Team
The Fresno County Adult Compliance Team (ACT) became operational in November of
2011 and presently consists of two Fresno County Probation Officers. one Fresno City
Police Officer, one C lovis City Police Officer, one Fresno County District Attorney
Investigator and one Fresno County Sheriff's Sergeant. This team is multi-purposed : to
enforce conditions of supervision ; t o note trends in the realignment population and to be
ab le to efficiently respond to issues; to provide information and direction for all law
enforcement agencies in the County of Fresno and to be the point of contact for
d issemination of offender information ; to respond rapidly with knowledge and
information about the offenders in such case as e me rg e ncy s ituations may ar ise
stemming from this population as well as the need to mitigate the need for custodial
services .
In the Implementation Plan of 2011 , there was n o provision made for overtime and
training costs . On February 2 7, 2013 the CCP did app ro v e the addition of these co sts
to the plan .
6.
-------------· ------------··· ------------------.., Pending Contracts -------·--·-------·----·--------··-·. -··--------·--
At th e Community Correction s Partnership mee ting on Febru ary 27 , 201 3 the CCP
approved funding for two additiona l cont ra cts for offender services in keeping with the
in t ent of the AB 109 leg islation that would create , expand and implement community
and agency resources for the offending populations .
Counseling Services
The first allocation was for in custody. out of c usto dy a nd pretrial cou n seling se rv ices .
T he purpose of the co nt ract is t o provide services designed to redu ce recidivism by
targeting behaviors th at lead to o r continu e cri min al behavior through th e prov ision of
coun seling se rv ices t o identified offenders in th e AB 1 09 population . T he contractee
would be e xpected to provid e se rvi ces at the jail and t hrough case managed
s upervision , at various locations in the cou nty fo r bo th PRCS offenders and AB 109
offe nd ers release d from th e jai l. The prog ram would be de veloped a round th e
ide ntified and assessed ne eds of the o ffender and with th e direction of a probation
officer or case manager in the jai l.
Ho m~less Offender Services
The ne e d s of the homeless offend e r a re broad and enco mpa ss m any a re as . Collectiv e
priorities in o ur community and l ite ratu re on evid e nce base d practices s uppo rt th e need
for homel ess offe nde rs th at do not qualify for menta l hea lth and substance abu se
co nsideration . The purpose of th e co ntract would be to p rovide s ervices fo r unmet
needs fo r th ose being re l eased from p ri son (PRCS) t he t ran s ition pod at the jai l
including transi t ion a l residential h o using . tnose who b eco me hom eless whil e under th e
s upervision of t he prob ation department and th ose offende rs w ho cou ld qualify for pre -
trial re lea se with a requis ite res idence re qu ireme nt. In additional services designed to
d ivert offe nders from th e c ycle of in carcera tion a nd h omeless ness through s upportive
and eviden ce based programing in conju nction with t ransitional hous ing with homeiess
participants w o uld be a req u is ite part of the progra m .
Employmen t Assi st a n ce
In addition to t he above ne wly approved Request fo r P ropos als , the Community
Corrections Partners h ip has authorized a s hif1 in d edicat ed m on ies to an expansion of
services for job training and ass is ta nce fo r th e AB 1 09 population . A cont ract to
add ress and expan d job trainin g would all o w fo r on-site assistan ce at th e 'one-stop'
center fo r offe nd e rs to coincide with oth e r nee ded services. The purpose of the co ntrac t
would be to provide employm e nt services for offenders th at have little to no wo rk
ex pe ri e nce, h ave diffic ult y keeping a job, assis t with workplace t ech nology and
coun seling services in c luding substa nce abuse educat ion and social work se rvices th at
focu s on job re tenti on .
7
Discussion of Program Operations Sinc._e_2_0_1_1 _______ ~
Pretria l Services Program
The Fresno County Probation Pre Trial Services program became opera ti onal in
September, 2012 . At the present time, over 300 offenders have been referred for
services based on the Pre Trial Virginia Model of Assessment (VMI) with supervision
services that include GPS monitori ng and tracking . Assessment services (STRONG )
are also being com pleted on AB 109 supervised offenders as identified in the
Implementation Plan .
Au t oma te d Voice Ca ll ing (AVC)
The evidence based practice shown to be effective in court processing of offenders is
the au tomated telephoni c 'reminder' service. as discussed in the o ri ginal implementatio n
plan, became operational in July 2012 . Automated call s to defendant's homes
providing a court hearing notice as provided by In Touch have att empted over 44, 00 0
automated voice co ntacts (AVC) to defendants in Fresno County Cou rts .
S ub -Committees to t he Community Corrections Partnership
In the Implemen tation Plan of 2011, one treatment oriented subcommittee was identified
for support of the AB 109 plan . Since that time . subcommittees have been formed that
focus on th e specialized co mmunity and offender issues of AB 109 as well as provide
collaboration , in formation and assistance to the CCP .
These standing co mmittees are : Fiscal Review and Audit ; Community and Custody
Resources: V ictim/Mandates: Incarceration and Ca pacity ; Technology ; Courts ;
Research and Evaluation ; and the Adult Compliance Team Review Com mittee. The
commi ttee members are presen t at each CCP meeting and report out on work that has
been accomplished in the interim between CCP meetings or on specialized tasks at th e
direction of the CCP.
D ata Collection
The firm of Owen Research and E valuation (ORE} was hired by th e CCP through
contrac tu al agreement to provide the CCP evaluative services as required and
approved in the AB 109 Im plementation Plan for Fresno County. The overall focus of
activity has been to cre ate an objective and evidence based evaluation and quality
assurance plan for the cou nty. ORE continues the process and is in the development of
an anal ytic report to compare descri ptive da t a to outcomes whi ch will co mpl eted once
the filing data for the county is fina li zed .
Additional objectives are t o assess th e effect iven ess of the county's implementation
plan and the impact on public sa fety of released offe nd ers fro m stat e prison to the
su pervi si on and custody of Fresno Cou nty: to review the programs as selected and
imp lemented fo r the most efficient and effective outcomes an d to provide information to
t he CCP that w ill assist in informed decisio n making . ______________________________ _,...,..__..""". --
Status of Implementation Plan Programs · 2013
A review of the 2 0 11 Implementation Plan for Fresno Co unty at the present time reveals
that programs slated for imple me ntation hav e been realized and th e overall ten ure and
direct ion of the CC P has been a ccompl ished . One service for clien t referral in ·real
tim e' for treatm e nt providers as discuss ed in th e implementation plan was not
i mplemented due to te chnology issues .
Un der the gu ise of both accou ntab ility and e vidence based practices and principles
consistent with public safety , program s identified for initial implementations have been
enacted
Since inc eption , the directi on and goal of the Fresno County Community Corre ct ion s
Partn e rship as es ta b lished und er AB 109 , has been the success ful implementation of
the legislation w ith th e co ns ide rati o n of the uniqu e local issu es th at may impact offender
achievements and public safety. A balanced approach has be en struck that affords
offender accountability with the development of community correct ions fitting the ne eds
and identifie d correctional issues of this county.
Th e new modification s and additions to th e Fresno County AB 1 09 operat ional plan
se rve th e needs of th e co unty. The Community Corrections Partners hip of Fresno
County is committed to philosophical and operational programs necessary to reduce th e
cri me and re cidivi sm while promoting a reduction in criminal vict imi zation and increase d
public safety .
9
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -2nd Update
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
I Sheran Morton, Co urt Executive Officer. Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
,-----------------------·-···1 AB 109
The Public Safety Realignment Act
Second Update to the 2011 Implementation Plan
County of Fresno
October 2013
i
!
i
I
-------------------------------___________ J
Background
In the original legislation under AB 109 in 2011 , Section 1230_ 1 of the Californ ia Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. (b) The plan shall be voted on by an executive c ommittee of each county's
Community Corrections Partnership consisting of the Chief Probation Officer of the
county as chair, a Chief of Police, the Sheriff, the District Attorney, the Public Defender,
Presiding Judge or his designee, and one department representative listed in e ither
subparagraph (G) (H) or (J) of paragraph (2) of subdivision (b) of Section 1230 as
designated by the County Board of Supervisors for related to the development and
presentation of the plan . (c) The plan shall be deemed accepted by the County Board of
Supervisors unless the Board rejects the plan by four-fifths of the Board , in which case
the plan goes back to the Community Corrections Partnership for further c onsideration .
(d) Consistent with local needs and resources the plan may include recommendations
to maximum the effective investment of criminal justice resources in evidenced -based
correctional sanctions and program including , but not limited to day reporting centers ,
drug courts, residential multiservice centers, mental health treatment programs ,
electronic and GPS Monitoring Programs. victim restitutions programs, counseling
Programs, community service programs, educational programs and work training
programs ."
On August 19, 2011 , the Fresno County Community Corrections Partnersh ip (CC P)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Plan for 2011 _ On September 13, 2011 the CCP moved the
Implementation Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervisors for approval of the plan pursuant to Assembly Bill (AB)
117. On that date , the Implementation Plan and th e associated budget and resolut ions
were approved . The Plan has been operational since that time.
Again on March 15, 2013, the Community Corrections Partnership approved an update
to its existing plan and April 23, 2013, the Plan Update and associated Budget and
Salary Resolutions were moved to the Fresno County Boa rd of Supervisors which were
approved . In a budget workshop on October 1 , 2013 the CC P accepted proposals for
modifications to the Plan and on October 15, 2013, the CCP approved funding for the
proposals consistent with th e original intent of th e legislation and the Fresno County
Plan.
The plan continues to undergo modifications to increase and maximize the effective
inv~stment of criminal justice resources in evidence-based correctional sanctions and
programs for public safety. In keeping with the legislation as to reporting changes in
county CCP operational plans and seJVices, this second update to the original plan
delineates changes and modifications to the original 2011 plan for the County of Fresno
as approved by the CCP on October 15, 2013 .
Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing. Due to the additions and changes that have occurred in the operation of
AB 109 programming , a second update to the plan is required for the Community
Corrections Partnership (CCP) as well as the attendant budget and salary resolutions
that will be reviewed by the Fresno County Board of SupeJVisors following CCP
approval.
Based on a determination of needs as ascertained through the operation of the AB 109
programs locally, and on the presentations made to the Community Correct ions
Partnership, there are several noteworthy add itions and modifications to the 2011
approved plan .
Fresno County Probation Department
Data Collection and Evaluation Positions
After 18 months of Realignment in Criminal Justice in California, the need to collect
local data at the County level that is consistent , timely and useful data across multiple
agencies, systems and contractors has become critical. With the advent of data based
decision making and requirements at the state and local level, processes have changed
significantly in the area of data and information collection. In addition, the introduction of
proposed expansion of research efforts on multi-levels including the PEW-supported
Results First Initiative, the Public Policy Institute of California (PPIC) and the Urban
Institute , require new methods of data management. It has become apparent that there
is a gap in developing high quality data sets for the County and its multiple agencies
requiring the data for use in a number of efforts. While the County has contracted for
research and data analysis with an outside agency , the need for ongoing institutional
management of many levels of data and coordination of data efforts between the
agencies is a critical need . Two data positions were needed to meet the growing and
continuous needs of public safety realignment: a data manager and a data collector.
Two Fresno County approved corresponding positions have been identified ; an
Information Technology Analyst and a Program Technician.
Data continues to be needed from the following agencies : Adult Probation , APS data
base: District Attorney's Office, ST AR data processing system; Superior Court, V2
system ; County Jail, Offender Track; County Behavioral Health and Private Provider
case files . The end product of these systems coordinating with each other wou ld be
3!Pa ge
excel data sheets that allow merging based on unique identifiers for the use of all data
reporting requests and agency needs .
The data manager will be responsible for collaborating with research partners and
justice agencies to identify and develop data set requirements, contents and schedules .
The data manager would work with both County and contract provider partners to obtain
requested data. These county partners include Probation , Sheriffs Office (Jail IT), and
the DA's Office, Behavioral Health, the Superior Court and others. Contract providers
would include any agency or entity that provides services to the realignment effort .
Other critical data manager duties would include : locating missing data , reconciling
conflicting data and merging data sets. This person would also work directly with the
CCP Research and Evaluation Subcommittee.
Qualifications should include knowledge of realignment and criminal justice and
knowledge and extensive experience in diverse data sets with computer. software and
statistical skills. The Data Collector position will provide data entry support to overall
realignment data efforts. In addition funding was increased for IT consultant services as
needed .
Fresno County Sheriffs Office
Jail Records Positions
With the implementation of AB 109 locally, there was a sign ificant increase in long-term
commitments and with them, an influx of legal and judicial documents . The Jail is now
the custodian of records for all AB 109 commitments . Processing the comm itment
packets that are forwarded by the court requires consiste ncy and special ized training .
Staff are required to calculate and enter a variety of sentencing adjustments pursuant to
Penal Code Sections 4019 and 4019.2. Jail Records is also required to compile PC
969b prior conviction reports for the courts. In order to do so , staff must perform a
substantial amount of specialized research on each commitment packet file . All of the
additional AB109 paperwork and tasks related to processing additional paperwork
significantly overtaxed limited resources
The Community Corrections Partnership approved funding for 4 Program Techn ician
positions . The positions are subject to Fresno County Personn el's review of th e
clas sifications to be use d to address jail records needs that are based on increased
workload from AB 109 offenders. The appropriation from the CC P was $164,000 for the
remain i ng fiscal year and; $328,000 fo r a full fiscal years f unding .
41 Page
Pending Requests for Proposals (RFPs)
At the Community Corrections Partnership meeting on October 15, 2013 the CCP
approved funding for two additional contracts for offender services in keeping with the
intent of the AB 109 legislation that would create , expand and implement community
and agency resources for the offending populations .
Domestic Violence Services
The first allocation was for in custody, out of custody and pretrial counseling services for
identified offenders. The purpose of a contract would be to provide holistic counseling
services designed to reduce targeting individual behavior of offenders and services to
family members that would reduce rec increase offenders' chances of success in the
community as well as improve family functionality . The contractee would be expected
to provide services at the jail and through case managed supervision, at var ious
locations in the county for both PRCS offenders and AB 109 offenders released from
the jail. The program would be developed around the identified and assessed needs of
offenders and with the direction of a probation officer or case manager in the jail. The
Community Corrections Partnership has allocated approximately $400 ,000 for this RFP .
Employment Assistance
After stable housing , one of the most important components of successful community
corrections is employment which was originally described in the AB 109 Implementation
Plan of 2011. Research supports that finding employment is a critical step for offenders
to reduce recidivism and that employment training is a critical element of rehabilitat ion .
The purpose of the contract would be to provide employability services for offenders
that have little to no work experience , have difficulty keeping a job , assist with
workplace technology , employability and job placement services. Ancillary services as
to coaching, counseling services including substance abuse education and social work
services that focus on pro-social development to increase job retention would also be
part of the contract. The Community Corrections Partnership has allocated
approximately $400,000 for this RFP .
Discussion of Program Operations since 2011 Data Collection
The firm of Owen Research and Evaluation (ORE) was hired by the CCP through
contractual agreement to provide the CCP evaluative services as required and
approved in the AB 109 Implementation Plan for Fresno County. The overall focus of
activity has been to create an objective and evidence based evaluation and quality
assurance plan for the county . In addition, the introduction of proposed expansion of
research efforts on multi-levels including the PEW -supported Results First Initiative,
the Public Policy Institute of Californ ia (PPIC) and the Urban Institute have required new
methods of data management. The First Year Interim Report on AB 109 was released
to the CCP in October of 2013 and is available on the Fresno County Probation website.
SI Page
Attachment "A"
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -3rct Update
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Elizabeth Dia z , Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
' . -·-. -.. -----· -. ---·-· -----. -. -. -. ---. -·-·---·-· -. -. -. -·-------·-.. -· -. -. ---. -. -· -. -·-. -·-·-·-· -· -·-. ---------·-· ---·---..... -.
AB 109
The Public Safety Realignment Act
Third Update to the 2011 Implementation Plan
County of Fresno
, November 2014 ----·-------·-·-·-·-·-·-----·---· -·-----. -·-·---· -·-. -· -----· -·-·-----------· ---· -·-------·-·-· -------. -·--------------------
Background
In the original legislation under AB 109 in 2011 , Section 1230.1 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the im plementation of the 2011 public safety
realignment. The plar. shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of the Chief Probati on Officer of the
county as chair, a Chief of Police, the Sheriff, the District Attorney, the Public Defender.
Presiding Judge or their designee, and one department representative listed in either
subparagraph (G) (H) or (J) of paragraph (2) of subdivision (b) of Section 1230 as
designated by the County Board of Supervisors for development and presentation of the
plan . The plan shall be deemed accepted by the County Board of Supervisors unless
the Board rejects the plan by four -fifths of the Board , in which case the plan goes back
to the Community Corrections Partnership for further consideration . Consistent with
local needs and resources the plan may include recommendations to maximize the
effective investment of criminal justice resources in evidenced-based correctional
sanctions and programs including, but not limited to : Day Reporting Centers. drug
courts, residential multiservice centers . mental health treatment program s, electronic
and Global Positioning System (GPS) monitoring programs , victim rest itution programs,
counseling programs , community service programs. educational programs and work
training programs .
On August 19, 2011, the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly B ill (AB )
109 Implementation Plan for 2011 . On September 13, 2011 the CCP moved the
Implementatio n Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervisors for approval of the plan pursuant to Assembly Bill (A B)
117 . On that date , the Implementation Plan and the associated budget and resolutions
were approved. The Plan has been operational since that time .
Modifications to 2011 Plan
Due to the need for modifications of th e original plan, in March, 2013 the first amended
plan was approved by the CCP and the updated plan and associated budget and salary
resolutions moved to the Board of S upervisors and were approved in April 2013. In
October 2013 the second amended plan was approved by the CCP and moved to t he
Board of Supervisors with t he associated budget and salary resolutions approved in
January 20 14.
2!P age
The plan continues to undergo modifications to increase and maximize the effective
investment of criminal justice resources in evidence-based correctional sanctions and
programs for public safety. In keeping with the legislation as to reporting changes in
county CCP operational plans and services. this third update to the original plan
delineates changes and modifications to the original 2011 plan for the County of Fresno
with funding allocations by the CCP on October 1, 2014 .
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing and or expanded . Due to the additions and changes that have occurred in
the operation of AB 109 programming , a third update to the plan is required for the
Community Corrections Partnership (CCP) as well as the attendant budget and salary
resolutions that will be reviewed by the Fresno County Board of Supervisors following
CCP approval.
Based on a determination of needs as ascertained through the operation of the AB 109
programs locally, and on the presentations made to the Community COi rections
Partnership, there are several noteworthy additions and modifications to the 2011
approved plan .
Fresno County Sheriffs Office
JT Support Position
Due to increasing workload for various research activities associated with the operation
of the AB 109 program , th e Sheriff's Office requested an IT support position which was
approved to provide custom application development to integrate jail program services
data and customize report programming . The Comm unity Corrections Partnership has
allocated $98,011 for thi s position.
Pending Additional ,'\~lions/Requests for P!<?Posals.JRFPs) _____ _]
The Community Corrections Partnership approved funding to move forward with
Requests for Proposals for additional contra cts for offender services in keeping with the
intent of the AB 109 legislation . These allocations create , expand and implement
com munity and agency resources for the identifie<I populations.
Domestic Violence Services
The purpose of the contract would be to provide both batterers intervention treatment
and holistic counsel ing services for offenders and family members that would reduce
recidivism and increase offenders' chances of success in the community as wel l as
improve family functi ona lity. The services cou ld include parenting and anger
managem ent classe s as well as individual counseling . The contractee would be
3IPage
expected to provide services through case managed supervision, at various locations in
the county for both Post Release Community Supervision {PRCS) and AB 109
offenders released from the jail. The program would be developed around the
identified and assessed needs of offenders and with the directio n of either a probation
officer or case manager in the jail. The Community Corrections Partnership has
allocated approximately $203,725 for this RFP . Funding for these services was also
approved as part of the CCP plan -2"d update . However. implementation requ ired
further refinement of the services, which has been identified and will be included in 1he
proposal.
Adult Compliance Team (ACT)
Two additional law enforcement officers were funded to be added to the team to include
law enforcement agencies from county locations not presently participating on the Adult
Compliance Team . The cost approved for the addition of the two law enforcement
officers is $283 ,000 per year.
ln addition, funding was expanded to provide additional training for officer safety, team
tactics, and training on current criminal behavioral trends. Funding was increased· for
training by $15,000 per year.
Re-entry Services
The Community Corrections Partnership allocated funding for the development of
behavioral modification programs and behavioral cognitive therapies to address criminal
thinking and de-institutionalizing habits and mindsets of offe nders to be delivered in
both case managed services in the community and at the jail for rea ligned populations .
This program will provide an array of workforce development services geare d to
increase skills acquisition and improve the chances of successful employment
outcomes. In addition, the program will target employers that have been locally
determined as high-growth and high-demand in order to create opportunities for self-
sufficiency and career advancement for the "hardest to employ" population. The CCP
ailocated $276,944 for an RFP for services . Funding for employment serv ic es was also
approved as part of the CCP plan -2nd update . However, implementation requ ired
further refin eme nt of the services. which has been identified and will be included in the
proposal.
Status of Implementation Plan Programs: November 2014
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that program s slated for implementation hav e been or are being implemented and the
overall tenure and direction of the CCP has been accomplished. Under the guise of
both accountability and evidence-based practices and principles consistent with public
safety, programs identified for initial implementations have been enacted.
Since inception, th e direction and goal of the Fresno County Community Corrections
Partnership as established under AB 109, ha s been the successful implementation of
4j Page
the legis lation with the considerati on of th e unique lo cal issues that may impact offender
achievements and public safety . A balan ce d approach has been struck 1hat affords
offender accountability with th e development of community corrections fi tting the needs
and identified co rre ctional issues of this county .
The new modifications and additions t o th e Fresno County AB 109 operational plan
serve the needs of the co unty. The Community Co rrect io ns Partnership of Fresno
County is committed to philo so ph ic al and opera tional programs nece ssary to reduce the
cri me and rec id ivism while promoting a reduction in crim inal victi m ization and increased
public safety.
SI P a g e
The Public Safety Realignment Act
AB 109
Implementation Plan 2015 -4th Update
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Lisa A. Smittcamp, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
r . . .
AB 109 ' I
!
Background
The Public Safety Realignment Act
Fourth Update to the 2011 Implementation Plan
County of Fresno
November 2015 ·-----·-····------·-----·-··--···-·-·····-········-·---... __ i
In the original legislation under AB 109 in 2011 , Section 1230.1 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
establ ished purs uant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. (b) The plan shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of th e Chief Probation Officer of the
county as chair , a Chief of Police , th e Sheriff, th e District Attorney , the Public Defender ,
Presiding Judge or their designee , and one department representative listed in either
subparagraph (G) (H) or (J) of paragraph (2) of subdivision (b) of Section 1230 as
designated by th e County Board of Supervisors for related to the development and
presentation of the plan . (c) The plan shall be deemed accepted by the County Board of
Supervisors unless the Board rejects the plan by four -fifths of the Board , in which case
the plan goes back to the Community Corrections Partnership for further consideration.
(d) Consistent with local needs and resources the plan may include recommendations
to maximize the effective investment of criminal justice resources in evidenced-based
correctional sanctions and program including , but not lim ited to : day report centers , drug
courts , residential multiservice centers , mental health treatment programs, electronic
and GPS monitoring programs , vi ctim restitutions programs , counseling programs ,
community service programs , educational programs and work tra ining programs.
On August 19 , 2011 , the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Plan for 2011 . On September 13 , 2011 the CCP placed the
Implementation Plan and associated Budget and Salary Resolutions on the Fresno
County Board of Supe rvisors agenda for approval pu rsuant to Assembly Bill (AB) 117.
On that date , the Implementation Plan and the associated budget and resolutions were
approved . The Plan has been operational since that time .
Modifications to 2011 Plan
D ue to the need for mod ifications of the original plan , in March 2013 the first amended
plan was approved by the CCP and the updated plan and associated budget and salary
resolutions were placed on the Board of Supervisors agenda and approved in April
2013 . In October 2013 the second amended plan was approved by the CCP and
placed on the Board of Supervisors agenda with the associated budget and salary
resolutions and approved in January 2014. The third amendment and associated
budget and salary re solutions was approved by the CCP on November 14, 2014 and by
the Board of Supervisors on December 2, 2014.
21 P a g e
Modifications to the plan will continue to be needed to i ncrease and maximize the
effective investment of criminal justice resources in evidence-based correctional
sanctions and programs for public safety. In keeping with the legislation as to report ing
changes in county CCP operational plans and services, this fourth update to the original
plan delineates a modification to the original 2011 plan for the County of Fresno with
funding allocations by the CCP on November 6, 2015 .
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing and or expanded . Due to a modifica tion that has occurred in the operation
of AB 109 programming , a fourth update to the plan is required for the Community
Corrections Partnership (CCP) as well as the attendant budget and salary resolutions
that will be reviewed by the Fresno County Board of Supervisors following CCP
approval.
Based on a determination of needs as ascertained through the supervision of AB 109
offenders , the following modification is made to the 2011 approved plan .
Fresno County Probation Department
Post Release Supervision Model
The initial Implementation Plan set a supervision ratio of one deputy probation officer
per 50 offenders. This plan update increases the supervision ratio of one deputy
probation officer to 35 offenders for designated specialized caseloads including
domestic violence, sex offender and mental health. Based on experience with these
three designated case loads , they require enhanced supervision levels above the
general AB 109 caseloads. The general caseloads will remain at a supervision ratio of
one deputy probation officer to 50 offenders.
Status of Implementation Plan Programs: November 2015
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for impleme ntati on have been or are being implemented and the
overall tenure and direction of the CCP has been accomplished. Programs id entified for
initial implementation have been enacted in accordance with evidence based pra ctices
and principles consistent with public safety .
Since inception , the direction and goal of the Fresno County Community Corrections
Partnership as established under AB 109, has been the successful imp lementation of
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
3I Page
a ,1u id e ntified correctional issues of this county. The new modification to the Fresno
County AB 109 operational plan serves the needs of the County .
4I Page
The Public Safety Realignment Act
AB 109
Implementation Plan 2015 -5th Update
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Lisa A. Smittcamp, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
[ AB 109 i
I, The Public Safety Realignment Act I
1 Fifth Update to the 2011 Implementation Plan I
I County of Fresno :
I I
i ·------····--------·-······-·-······---·-····-······---·-····-··---·-·········· Se pte m be r 2017 -----···--··························-·· ·······-----·-·····--··------·-·······-···l
Background
In the original legislation under AB 109 in 2011, Section 1230.1 of the California Penal
Code was amended to read, "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. (b) The plan shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of the Chief Probation Officer of the
county as chair, a Chief of Police, the Sheriff, the District Attorney, the Public Defender ,
Presiding Judge or their designee, and one department representative listed in either
subparagraph (G) (H) or (J) of paragraph (2) of subdivision (b) of Section 1230 as
designated by the County Board of Supervisors for related to the development and
presentation of the plan. (c) The plan shall be deemed accepted by the County Board of
Supervisors unless the Board rejects the plan by four -fifths of the Board, in which case
the plan goes back to the Community Corrections Partnership for further consideration.
(d) Consistent with local needs and resources the plan may include recommendations
to maximize the effective investment of criminal justice resources in evidenced-based
correctional sanctions and program including , but not limited to : day report centers, drug
courts , residential multiservice centers, mental health treatment programs, electronic
and GPS monitoring programs, victim restitutions programs, counseling program s,
community service programs, educational programs and work training programs.
On August 19, 2011, the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, As·sembly Bill (AB)
109 Implementation Plan for 2011 . On Se ptember 13, 2011, the CCP placed the
Implementation Plan and associated Budget and Salary Resolutions on the Fresno
County Board of Supervisors agenda for approval pursuant to Assembly Bill (AB) 117.
On that date , the Implementation Plan and the associated budget and resolutions were
approved. The Plan has been operational since that time .
Modifications to 2011 Plan
Due to the need for modifications of the original plan, in March 2013, the first amended
plan was approved by the CCP and the updated plan and associated budget and salary
resolutions were placed on the Board of Supervisors agenda and approved in April
2013 . In October 2013, the second amended plan was approved by the CCP, placed
on the Board of Supervisors agenda with the associated budget and salary resolutions,
and approved in January 2014. The third amendment and associated budget and
salary resolutions was approved by the CCP on November 14, 2014 and by the Board
of Supervisors on December 2, 2014. The fourth amendment and the associated
21P ag e
budget and salary resolution were approved by the CCP on November 6, 2015 and by
the Board of Supervisors on January 12, 2016 .
Modifications to the plan will continue to be needed to increase and maximize the
effective investment of criminal justice resources in evidence-based correctional
sanctions and programs for public safety. In keeping with the legislation as to reporting
changes in county CCP operational plans and services , this fifth update to the original
plan increases positions to expand services and supplies.
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing and or expanded. Due to a modification that has occurred in the operation
of AB 109 programming, a fifth update to the plan is required for the Community
Corrections Partnership (CCP) as well as the attendant budget and salary resolutions
that will be reviewed by the Fresno County Board of Supervisors following CCP
approval.
Based on a determination of needs as ascertained through the supervision of AB 109
offenders, the following modification is made to the 2011 approved plan.
Fresno County Sheriff-Coroner's Office
Jail Response Patrol
Since the implementation of AB 109 the responsibility of holding inmates that normally
would have moved on to the California Department of Corrections and Rehabilitation
(CDCR) has become that of the Fresno County Sheriff-Coroner's Office. The
population of those in jail that fall into this category has recently been over 800 inmates
(840 on 7/7/17). This is 29% of the jail population . As a result, a more hardened
criminal element is now being housed in the Fresno County Jail. There have been
increased violence and calls for service for crime reports and investigations. These
calls have resulted in misdemeanor and felony cases , which have included Three Strike
cases . Several incidents in the downtown area have also required Deputy Sheriff
response . Shootings and disturbances in Courthouse Park and the vicinity are
occurring more often. When there is a need for a Deputy Sheriff to respond to these
calls in the jail and Courthouse Park, that Deputy is pulled from the current complement
of field patrol units. The nature of a call to the jail many times results in having
numerous interviews, which removes that Deputy's availability to answer and fill other
calls for service many times taking that Deputy out of the field for an entire shift .
The plan is to field a patrol s hift whose res ponsibility will be to respond and investigate
calls for service in the area of County responsibility in and around Courthouse Park
including the jail.
31 Page
The total full time equivalent is five (5) Deputy Sheriffs who will fill this patrol area 24/7
365 days a year.
Fresno County District Attorney-Public Administrator and Public Defender
Defender Misdemeanor Offender Accountability and Rehabilitation Program
Establishes a Misdemeanor Offender Accountability and Rehabilitation Program. In
Fresno County, a majority of the criminal cases filed are misdemeanor cases. In 2016,
22,974 misdemeanor cases were filed, compared to 7,308 felony cases . Subsequent to
Propositions (Prop) 47, which reclassified many nonviolent offenses from felonies to
misdemeanors, and Prop 64 (Adult Use of Marijuana Act), a higher number of AB 109
offenders are now in the Misdemeanor Courts. Additional staff will allow both the
District Attorney-Public Administrator and Public Defender to properly handle the cases
and access the needs of the offenders. Additional staff will allow both Departments to
spend more time on each case and with each offender. The Attorneys who deal with
these offenders firsthand in court will be able to access what issues they may have and
assist the Court to get them into appropriate services.
Public Defender
Social Worker Unit
To remain consistent with the goal of reducing crime and recidivism, the Public
Defender is adding two full-time Social Workers to create a Social Worker Unit to
provide complete and holistic client representation. The Social Worker Unit will support
clients to effect change in their lives and environments in ways promoting self-
responsibility and reducing recidivism.
Under the direction of a Defense Attorney , the Social Workers will co nduct assessments
and compile psychosocial histories to develop recommendations for appropriate pretrial
release, detention, treatment options , conditions of probation or diversion and
sentencing and post-sentencing options, if adjudicated. The collaboration between the
Defense Attorney and Social Workers will help to better identify and assess the cultural,
mental health, employment, educational, and social needs of the clients charged with
criminal offenses. Because clients often are in need of health benefits , employment,
housing, family counseling, drug and alcohol treatm ent and/or alternative placement,
the Social Workers will provide valuable skills in he lping clients access these se rvices .
This Unit will work closely with the AB 109 population, arranging appropriate treatment
and ensuring compliance with Pretrial obligations at all stages of th e criminal
proceeding , thereby reducing incarceration while the client's case is pending before the
Courts. The Unit will also provide support for the Defense Attorneys to focus on the
legal aspects while ensuring clients ' socia l services needs are met. In addition, th e Unit
will support clients by contacting them directly to ensure they appear at court-ordered
hearings; they will reinforce and provide the client s support to comp lete their co urt-
ordered treatment programs th ereb y increasing the likelihood of successful co mpletion
of programs rath e r than serving jail time . The Social Workers in thi s Unit will also
41 Page
support clients in finding housing/employmenUeducation/training to successfully
complete all probation and court-ordered terms/conditions .
Fresno Police Department
1Viulti-Age!1cy Gang Enforcement Consortium (MAGEC) Expansion
A; of May 30 , 2017 , there were 2 ,634 people on AB 109 or Mandatory Supervision and
of that population, 80%, or 2,017 live in the City of Fresno according to Adult
Compliance Team (ACT) Personnel. Approximately 1,685, 80% of the 2 ,017 people on
AB 109 or Mandatory Supervision are gang members or have close gang ties according
to the Probation Department. The approved expansion will add four full-time ACT
Police Officers and one Crime Analyst to MAGEC . This will allow review of every 3455
(a) (Post Release Community Supervision) arrest that occurs in the City of Fresno and
allow immediate follow-up on AB 109 cases . New Police Officers will be trained on cell
phone forensics and social media analysis. In addition , gang related cases will be filed
with the MAGEC , District Attorney-Public Administrator , and United States Attorney
(USA) to maximize sentencing.
Pending Additional Actions/Requests for Proposals (RFP's)
The Community Corrections Partnership approved services including a parenting
program and a job training / apprenticeship program for offenders . These programs
expand community and agency resources for the AB 109 population. The selection of
the contractor to provide these services will be in accordance with Fresno County
Purchasing Guidelines.
SI Page
Status of Implementation Plan Programs: Novembe r, 2013
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for implementation have been realized and the overall tenure and
direction of the CCP has been accomplished. Under the guise of both accountability
and evidence based practices and principles consistent with public safety, programs
identified for initial implementations have been enacted .
Since inception , the direction and goal of the Fresno County Community Corrections
Partnership as established under AB 109, has been the successful implementation of
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
and identified correctional issues of this county.
The new modifications and additions to the Fresno County AB 109 operational plan
serve the needs of the county. The Community Corrections Partnership of Fresno
County is committed to philosophical and operational programs necessary to reduce the
crime and recidivism while promoting a reduction in criminal v ictimization and increased
public safety.
1
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
September 2017
OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriff's Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Department
Reed ley Police Department
Kerman Po l ice Department
Kingsburg Police Department
Exhib it B
I. PURPOSE
This document establishes the purpose of the Adult Compliance Team {ACT} as a joint and
cooperative effort. Additionally, it formalizes relationships between participating agencies for
policy and planning in order to create a cooperative unit capable of addressing the public safety
concerns and issues facing local law enforcement in Fresno County regarding probation, post
rel ease community supervision {PRCS}, and mandatory supervised rel ease that may occur due to
the passag e of the Criminal Justice Realignm e nt Act {AB 109) effective October 1, 2011.
II. MISSION
The mis sion of ACT is to provide an additional layer of offender supervision to ensure offender
accountability, surveillance, and sup ervi sion through mobile, inten sive and evidence ba sed
practices leading to enhanced public sa f ety and offender compliance.
2
Ill. GOALS
A . To reduce the occurre nce of new criminal acts by targeting offenders on
probation, post release community supervision, and mandatory supervised
release with inte nsive surveillance by peace officers dedicated to enforcement of
conditions of release.
B. To id e ntify supe rvised offenders who are not meeting th eir co nditions of rel ease
in order to ens ure compliance.
C. To mitigate the need for custodial sanctions through appropriate ea rly
inte rv entions.
D. To document trends in the realignment population an d r es pond efficiently to
emerging trends that adversely affect public safety.
E. To gather, collect, and provid e informat ion and direction reg ardin g the post
r e lease community supervi sion {PRCS) and r ea lignment populations for all law
enforceme nt agencies in th e County of Fresno and act as the point of contact for
dissemination of offender information to law enforcem ent.
F. To respond rapidly to eme rgency situatio ns with knowledge and information
about the offend ers .
G. To provid e other public safe ty responses including searches as authorized by the
terms of re lease and warran t se rvice s, as nee ded.
IV. GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, enjoined with evidence based practices,
forms the cornerstone of the Fresno County AB 109 supervision mod el. This intensive approach
is see n in the formation of ACT; an interage ncy public safety alliance with local law enforcement
agencies and county justice partners that provides an additional lev e l of offender accountability
and public safety. The "strike team" conce pt is used to desc ribe peace officers under ACT,
dedicated to particular enforcement and public safety purposes, with an immediate capacity to
take action with offend e rs under probation supervision, post release community supervision
(PCRS), and mandatory supervised release by the Fresno County Probation Department.
To this end, the participating agencies developed these operational guidelines and procedures
concerning the formation of the Adult Comp li ance Team. The participating agencies agree jointly
and separately to abide by these terms and provisions set forth throughout the formation of the
joint operation.
V. ORGANIZATIONAL STRUCTURE
Th e Adult Compliance Team will be co -located at the Fre sno County Probation De partme nt. The
Probation Department i s the commanding agency of ACT and will maintain res ponsibility for the
administrative direction, objective, and mission of the Adu lt Comp l iance Team .
The team will cons ist of sworn officers from th e following agencies: two (2) dep uty prob ation
officers from th e Fr es no County Probation Departme nt; one (1) se rgea nt from the Fr es no Co unty
Sher iff's De partme nt; two (2) deputies from th e Fresno County Sheriff's Department; two (2)
se nior district attorney investigators from the Fresno County Di strict Attorney's Office; one (1)
se rgeant from the Fr es no Police Department; three (3) police offi ce rs from the Fre sno Police
Department; two (2) police offi ce r s from th e Clovis Police De partm e nt; o n e (1) po li ce officer from
the Se lma Police De partm ent; one (1) police officer from the Reed l ey Police Dep artm e nt; one (1)
poli ce office r from the Kerman Po lice Depa rtm e nt; and one (1) po lice officer from th e King sburg
Poli ce Department. Dependent upon future funding, the size of ACT may fluctu ate accord in g to
the number of officers and agencies.
A. Po licy and Dire ction
Und e r th e policy an d plannin g direc ti o n of th e Community Correc tion s Pa rtn er ship (CCP), ACT
will utilize an Advi sory Sub-Committee of CCP .
B. ACT Advisory Sub-Comm ittee of the CCP
Eac h law enforcement age ncy that ass igns p erso nnel to ACT may de si g nate a m e mber to th e ACT
Advisory Sub -Committee of the CCP. All law e nforce me nt age ncies operating within the county
with an inte res t in ACT are w elcome to attend the meetings of th e ACT Advisory Sub -committee.
3
A~pointments to and removal from the ACT Advisory Sub-Committee and appointment of a Sub-
Committee Chairperson will be made by the CCP Executive Committee.
C. Operations Commander
The Probation Services Manager is the Operations Commander and has overall responsibility for
the operation of ACT. The Operations Commander implements direction to the team under the
administrative direction of the Fresno County Probation Department's Realignment Division
Director. The Operations Commander will liai son with individual members of the ACT Advisory
Sub-Committee, and will attend meetings of the CCP as required .
D. Field Supervisor
The assigned Field Supervisor(s) will be the day-to-day operations supervisor(s) and responsible
for overall coordination of tactical field operations. When ACT works as separate elements and
both supervisors are working, each supervisor will be responsible for their assigned element.
When only one supervisor is on duty, that supervisor will be responsible for the supervision of
both elements.
E. Probation Department
All probation conditions and release compliance remains the responsibility of the AB 109
probation officer assigned to a specific offender. These conditions are predetermined before
release from custody to probation, po st release community supervision or mandatory supervised
release. The offenders will be under th e supervision of their assigned probation officer or ACT
probation officer.
VI. OPERATIONS
A. Supervision and Field Responsibility
The use of surveillance, supervision, and field contacts will be es tablished in conjunction with
Fresno County Probation Department policies and as established by the CCP Executive
Committee, ACT Advisory Sub-Committee, and polici es and procedures of general law
enforcement accepted practices as established by statute and case law.
B. Record s and Re ports
All r eports created by ACT r e lated to contacts with those offenders und er probation sup ervi sio n,
post r eleas e community supervision, and mandatory supervised release will be entered into th e
Probation Records Information Management System (PRIM S). All agencies participating on the
ACT will have full access to Sharenet and the information in PRIMS. Information sharing with
other law enforcement agencies regarding offe nders under probation supervision, post r elease
community supervision, a nd mandatory supe rvi se d r e lease allowing for appropriate law
enforcement response i s a priority for ACT.
4
Any additional crime, arrest, or incid ent report will be documented by the primary investigative
officer through the use of their own departmental report writing system.
VII. ADMINISTRATION
A. Financial Admini stration
Financial administration of ACT fund s allocated by the CCP Executive Committee will be the
r es ponsibility of the Fre sno County Probation Department Busin ess Office through the duration
of the program . In addition, the alloca tion and man age m ent of funds are guided by Fresno County
Fi scal Policy and under the review quarterly of the CCP Finance and Audit Sub-committee for
presentation to the CCP.
B. Vehicles
As provided for in the approved Fi sca l Year 2017-2018 CCP budget, vehicles will be provided for
probation staff and for participating la w enforcement office rs as specified in the final approved
budget of the CCP and Fresno County, for use in executing the mi ss ion of ACT.
C. Communications
Each participating law e nforcem e nt agency will provid e communications equipment for its own
perso nn el through the duration of the OA. Each age ncy is r es ponsible for its inte ra ge ncy
communication operability. The policies and proce dures of eac h age ncy will gove rn
commun ication by its own pe rso nn e l. Th e Fresno County Sheriff's Di spatch will be the primary
contact for operations of ACT.
D. Firearms
Each participating agency will provid e all necessa ry firea rm s for its own pe rso nn el through th e
duration of th e OA. The policies and procedures of eac h agency will govern the use of firearm s
by its own personnel.
E. Equipment and Prop e rty
Any prope rty, eq uipment or other item s acq uired with fund s allocated by the CCP Executive
Committee sh all be the property of ACT through the durat io n of the OA. Upon t ermin ation of this
OA or any revision, th e property of ACT shall be distributed as determined by th e CCP Ex ec utive
Committee.
5
F. Training
ACT Officers will complete training as assigned and approved by the ACT Advisory Sub-Committee
chairperson or their designee . Training for the team will be outlined during the fiscal year to
reflect the needs of the team. The Probation Division Director may also assign training to the ACT
members as it pertains to the Evidence Ba se d Practice s outlined by the AB 109 program.
G. Personnel Management
Tile selection of ACT memb e rs -will be made by each participating agency. If any of the ACT
pol(cies and procedures conflict with any of the participating agencies' policies and procedures,
notice of sa id conflict shall be immediately given to a supervisor. The supervisor will take
whatever action necessary to reconcile the conflict.
Each participating agency retains full responsibility for the profess ional and personal conduct of
its own personn el assigned to ACT. Each participating agency will follow their agency
directives/MOU for working modified sc hedules.
VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as policies
and procedures that may be required by participation in ACT.
There are a number of categories of administrative issues or situations pertaining to individual
team members which will or may arise. Those include but are not limited to :
a) Citizen Complaints
b) Employee Evaluations
c) On-Duty Motor Ve hicle Accidents
d) Injuries Sustained on Duty
e) Officer-Involved Shooting
f) Discharge of Firearm
g) Vehicle Pursuits
h) Use of Force
Each participating team membe r's age ncy has in place an administrative process for addressing
the situ ations li sted abov e . Should these situation s occur, ACT will immediately notify the
involved officer's agency. It will remain the respon sibility of the involved officer's agency to
address those situations pursuant to thei r own administrative process. All agencies involved in a
critical incid ent will have the opportunity to observe other agency intervi ew s with their own
employees.
6
IX. DURATION
Th e term of this OA will be from Septemb er 15, 2017 through Jun e 30, 2018. Participation in ACT
by any particip ating age ncy m ay continu e as funding provides or until said ag e ncy terminates
participation in ACT. An age ncy shall t erminat e participation in th e following m ann e r: delivery of
writte n notice to th e Chairp erson of the CCP Ex ecutive Co mm ittee and to all other participation
agencies, with t ermination to be effective 60 days after d elive ry.
X. TERM OF AGREEMENT
As to each pa rticipatin g age n cy, this OA will be in force from the d at e that ag e ncy sign s the
ag ree ment. Te rmination of th e OA ha s bee n provided for above .
XI. AMENDMENT
Any m emb er of th e ACT Advi sory Sub -C ommittee may propose an am endment to thi s OA by
submitting it at any regul ar mee ting of the ACT Advi sory Sub-Committee . The propos e d
am e ndm ent would be submitted to th e Exec utive Co mmittee of th e Co mmunity Correc tions
partne rship for their consid eration and approval.
XII. LIABILIT Y
Eac h participating age ncy will b e sol e ly res ponsible for any and all dam ages , including attorney's
f ees, res ults from act s o r omiss ions of its o wn empl oyees including ACT ass igned e mployee. Each
participating age ncy shall ind e mnify an d hold harml ess eac h oth e r pa rticipatin g age ncy for sa id
ac t s or o miss ions. The provi si o n s contain ed h erein includ e any violation of applicabl e law,
ordinance, reg ulati o n or rul e, in cl uding wh ere the cl aim, loss, dam age, charge or ex pense w as
ca use d by de libe rat e, willful or criminal ac t s of any age ncy, or any o f its age nts, officers or
e mployees in its o r th e ir pe rform ance the r eund er .
It is th e intent o f th e parties her et o th at, w her e neg lige nce is d et e rmin ed to hav e been
contributory, principl es of co mparative neg li ge nce will be foll ow ed and each party shall bea r th e
propo rtionat e co st of a ny l oss, d am age, exp ense, and li a bility attributable t o th at party's
neg lige nc e.
The participating age ncies will es t abli sh proce dures t o notify th e oth e r age nci es wh e r e
appropriate of any cla ims, administrative actions or leg al acti o ns with r es pect t o any of th e
m atter desc ribed in this ind e mnifica t ion provisio n . Th e age nci es shall coope rat e in the d ef e nse
of such act ions brou ght by o th e r s with res p ec t to th e matter s co ve r ed in this ag ree me nt. Nothing
se t fo rt h in this OA sha ll es t abli sh a st and ard of ca re for, o r cr ea t e any lega l rights in, any person
not a party to thi s OA.
7
XIII. NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of
any subsequent breach, of either the same or another provision of this OA.
XIV. SEVERABILITY
If any term, covenant, or condition of this OA is held by a court of competent jurisdiction to be
invalid, the remainder of this OA will remain in full force and effect.
XV. AMBIGUITY
The participating agencies have each carefully reviewed this OA and have agreed to each term of
this OA. No ambiguity shall be presumed to be construed against any other party.
XVI. GOVERNING LAW
The interpretation and enforcement of this OA will be governed by the laws of the State of
California, and where applicable, by federal law. The participating agencies agree to submit any
disputes arising under this OA to a court of competent jurisdiction located in Fresno, California.
XVII. INTEGRATION
The OA embodies the entire agreement of the participating agencies in relation to the formation
and operation of ACT, except for "Program Costs." Except for that, there is no other agreement
or understanding, verbal or otherwise, existing among the participating agencies.
8