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AGREEMENT
3 THIS AGREEMENT ("Agreement") is made and entered into this_ day of
4 hk,..,eictxc2017, by and between the COUNTY OF FRESNO, a political subdivision of the State of
5 California, hereinafter referred to as "COUNTY," and the CITY OF SELMA, a municipal
6 cor poration, hereinafter referred to as "CONTRACTOR."
7 W I T N ES S E T 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 Co unty Sheriffs
19 Department, the Fresno County District Attorney's Office, the Fresno County Probation
20 Department, and officers of the Fresno, Clovis, Kerman, Kingsburg, 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 Selma Police Officer ("Police Officer") for
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14th
Agreement No. 17-584
1 assignment to the ACT, not to exceed , in aggregate , the maximum amount payable under this
2 Agreement of $160,448.
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 Proced ures, 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 accordingly.
11 3. TERM
12 This 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 this 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 provided may be modified , or this
1 8 Agreement terminated by COUNTY, at any time , by giving the CONTRACTOR not less than thirty
19 (30) days advance written notice .
20 8 . 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:
22 1) An illegal or improper use of funds ;
23 2) A failure to comply with any term of this Agreement;
24 3) A substantially incorrect or incomplete report submitted to the
25 COUNTY;
26 4) Improperly performed service.
27 In no eve nt shall any payment by the COUNTY constitute a wa iver 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 terminated 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 re ceive 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 th e mission of ACT. COUNTY shall make
20 payment within 45 days of receipt of an approved 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 .
24 In no event shall compensation for services performed under this Agreement
25 be in excess of $160,448 .
26 6 . INDEPENDENT CONTRACTOR
27 In performance of the work, duties and obligations assumed by
28 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
10 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 or 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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expenses, damages, liabilities, claims, and losses , including attorney's fees and costs , occurring ,
resulting , or arising from the negligent or wrongful performance, or failure to perform, by
CONTRACTOR, or its officers, agents , or employees of obligations agreed to be performed under
this Agreement.
COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR'S
request, defend the CONTRACTOR, its officers, agents, and employees from any and all costs
and expenses, damages , liabilities, claims, and losses, including attorney's fees and costs,
occurring, resulting , or arising from the negligent or wrongful performance, or failure to perform , by
COUNTY, or its officers, agents, or employees of obligations agreed to be performed under this
Agreement.
10. INSURANCE
Without limiting the COUNTY'S right to obtain indemnification from
CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full
force and effect, the following insurance policies or a program of self-insurance , including but not
limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the
term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One
Million Dollars ($1,000 ,000) per occurrence and an annual aggregate of Two Million Dollars
($2,000 ,000). This policy shall be issued on a per occurrence basis . COUNTY may require
specific coverages including completed operations , products liability, contractual liability,
Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed
necessary because of the nature of this contact.
B . Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000 .00) per person, Five Hundred
Thousand Dollars ($500,000 .00) per accident and for property damages of not le ss than Fifty
Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred
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1 Thousand Dollars ($500 ,000 .00). Coverage shall include owned and non-owned vehicles used in
2 connection with this Agreement.
3 C . Professional Liability
4 If CONTRACTOR employs licensed professional staff, (e.g ., Ph.D., RN .,
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
1 O 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 herein 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 w ith 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 SELMA
Greg Gamer, Chief of Police
1935 E. Front Street
Selma , CA 93662
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
25 served when personally delivered to one of the parties, or in lieu of such personal services , when
26 deposited in the United States Mail , postage prepaid , addressed to such party.
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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 competent 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 r ights 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 this Agreement.
3 20 . ENTIRE AGREEMENT
4 This 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 WH~REOF, the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written.
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David Elias, City Manager, City of Selma
7 DATE: October 2, 2017
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ED AS TO FORM:
ostanzo, City of Selma Attorney
FOR ACCOUNTING USE ONLY:
FUND:
ORG:
SUBCLASS:
0001
34309999
10000
7295 ACCOUNT:
(,
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COUNT~ OF FRESNO {L,,~
Brian Pacheco
Chairman, Board of Supervisors
DATE:
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
Deputy
The Public Safety Realignment Act
AB 109
Implementation Pla11 2011
County of Fresno
Exhibit A
Executive Co11unittee of the Community Corrections Partnership
Linda .Penner, Chief Probation Officer, County of Fresno (Chair)
Hon. Gary Hoff, P1·esiding Judge, Fresno County Superior Court
Sheriff Margaret ~1im:s , Couoly of Fresno
Elizabeth Egan, Dis trict Attorney, County of Fresno
Kenneth Taniguchi, Public Defe nder, County of Fresno
Jerry Dyer, Chief, Fresno Polic e Department
Donna Taylor, Director, Behavioral Health, County of Fresno
...
The following statement was developed and approved by the Executive Committee of
the Fresno County Community Corrections Partnersh ip (CCP) on August 19, 2011. O n
that date, AB 109 the Public Safety Realignment Act Implementation Plan was final ized
and approved by the Executive Committee for submission to the Fresno County Board
of Supervisors :
"Although AB 109 delineates a funding formula for implementation of this legislation , it
appears that this initial funding is inadequat~ to aeeomplish 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 community, this plan will ensure
offenders are held accountable by placing an emphasis on incarceration 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 Realignment 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 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 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 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 rec-.ommend;;.tions to maximize the e ffective inve~tment of c rimin:al ju~tic~
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."
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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. T ime 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 ne1a rn me county Jall in ueu or oa11. Ellgtote inmates must nrst oe ne1a 1n
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 , sup ervision and treatment of a designated group of offende rs and
provides Fresno County with the ability and limited funding to provide correctional
services . AB 109 offers support for community correct ions 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 Real ignment 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 magn itude and scope of the legislation has
reQuired a paradigm shift for the criminal justice system in Fresno County . The justice
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 2 01 ·1 tnrougn octooer or 2013, Fresno county w,11 receive -, oso return mg
offendars from tha California Department of Corrections and Rehabilitation for post
release supervision services. In addition , with the implementation of sentencing
reforms, those offenders a::mvicted of specified f elonies will be punishable in a county
jail or other local sentencing option for more than one year. Both 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 driven, 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 all 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 Community Corre ctions
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 dev elop and enact evidence b ased
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 offenders
and reduce the likelihood that the probationers would co mmit new cri mes and other
violations resulting in a prison commitment. Several practices have been identified and
are in the process of being integrated and implemented 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 recidivism 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 i ntake ,
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 i ndividual's risk level for future criminal acts and a
prescriptive component that guides corrections personnel in tailoring supervision, treatment and
services for optimal rehabilitative results. 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-(1uestion 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 skills and substance abuse, as wel l as criminal history .
Part 3: Offender Supervision Plan
STRONG offers the ability to auto-populate th e Offender Needs Guide data into an Offender
Supervision Plan which recommends specific interventions targeting the "dynamic risk" factors
related to criminal behavior. Targeting the greatest individual risk factors of an offender and
identifying specific interventions to treat them allow agencies 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
Evid ence Based Practices and designed to cha nge an offend er's adverse thi nki ng patterns ,
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provid e education and job trai ning t o enab le long-term employment , and hold offenders
accou ntable during the day .
Th e goa ls of the A du lt r)ay Repo rti ng Ce nter are t o reduce offe nd er rearrests and rec id ivi sm.
assist offenders in s uccessful ree ntry by prov idi ng needed se r vi ce s. and increr1se publi c sa f ety
by holdin g offenders accoun table . These g oals will be achieved by providing skill -based learniny
opportu n1t1es . ed uca tio nal a nd vocatio na l training and intensive comm uni ty supeNision .
Part icipants in the A du lt Day Reporting Center:
• Enha nc e th eir cop i ng skills th rough gro up an d peer cou n sel ing
• Loc ate and main tain stable housi ng
• Improve edu cational and vocation al ski lls
• Find and ret ain mean ingful work
• Struc ture th eir activit ies w ithin the com munity
• Receive intensive comm unity supervisi on by their pro bati on offi cers
In F resno County, the AD RC as designed and in the proc es s of m ovin g to f ull implementation
ha s ide ntified supervision . treatment and trai nin g for offenders w h o are identi fi ed throu gh
assess me nt for services . Up to 50 rea li gnm ent offenders will even tua lly enrolle d in the ADRC .
The cu rren t fac ility is co-located with the A dult Drug Su ppression fu nction i n Fres n o. Offen ders
go through a fo ur-phase pro gram from one day to se ven da ys per week and are typically seen
on aftercare approxi matel y six months in to the prog ram . At t he pr esen t tim e Ca liforn ia Sta te
University , Dep art me nt of Cri min ology , hc1s su bmitt ed an applicc1 tion to fund a com preh en sive
process and outcom e evaluation of th e A dul t Day Reporting Center program
Thinking for a C ha nge (T 4 C) A dults
Va lidated as eviden ce base d program . Thinking for a Change (T 4C ) cog ni tive behav iora l
therap y has proven to b e an effective pro gra m for juveniles and through endowed gra nt fun din g,
extended fo r adult offe nding populations. Cognitive-Behavioral T herapy (C BT) i n the T4C
mod el is an e mpiri ca ll y supported tre atm ent th at foc uses on pa ttern s of thinki ng that are
maladaptive a nd the beliefs that underlie suc h thinking. Sinc e 1997, Thmkmg tor a Change
(T4C) has traine d t housands of correctiona l st aff to f ac ili tate offen de r groups in th is evi den ce-
based cognitive behavio r program . The Thmking for a Chan ge c urri c u lum u ses as its co re a
oro bl e m solvin g comoone nt. w ith both cog nitive res tru cturin g and social sk ills inte rv ention s.
It was deve lo ped t o be appropriate for a wide-ra nge of offender grou ps . an d h as been
implemented in an phases of the juvenile and adult criminal j ustice syst e ms with considerable
redu cti ons in r ecidivi sm .
In Fresno . probatio n officers ha ve b ee n traine d and are being train ed in th e model and fo ll owi ng
assessment of offe nd e rs thos e moved to the mod el meet with pro bation staff twice week ly i n
g roup s of ten to stu dy and participat e in therap y. The Fres no model i s part ot the eva lu at io n
that Ca lifornia State Univers ity has proposed co mpleting on the DRC.
Offender Link Telephone Re po rting
Va lid ated as a prom is i ng practi ce . Offe nder Link identifies low ri sk offen de rs in bank case loads
who can m ai ntain contact vi a t e le ph o ne repo rti ng . This allows pro ba t io n offi ce rs to focus
7I F;~2
I
attention on medium to high risk offenders through the use of phone and web based services
that simplify client supervision with automated vo ice authenticated check-ins , interviews and
message delivery . Probationers receive notifications and court reminders, drug test notification s
and specific instructions on cond itio ns of probation
Motivational Interviewing
Motivational Interview ing (M l ) is a client-centered approach for eliciting behavioral change
through he lpi ng offenders explore and resolve amb iv ale nce . It is an evidence based practice
that has been shown to effectively change behavior. It is a positive and focused goal based
approach tha t attem pts to increase the offenders awareness of the pot ential problems caused ,
consequences experienced , and risks faced as a result of the behavior in question . With
offenders, the belief that change is possib le is an important mot ivator to succeed in making the
change . They're held responsible for choosing and carry out actions to change.
Jn Fresno County probation officers and probat ion technicians that have direct c lient contact are
be ing t rained in the model that will be utilized as an ESP 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 Ja il . For the operational dates of October 2011 through
June of 2012, the Sheriffs Office will open one floor w ith 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.
Based on inmate classification criteria and the physical construction configuration of the
North Annex Jai l, the 432 beds being considered for use are all Minimum Security
housing beds. This physi cal 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 w ith ~flash Incarceration" of up to 1 O days.
AB 109 changes how credits for good time and work t ime 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 being 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 commun ity
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 commun ity 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 includ ing 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 popu lation. 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 responsiv ity in the justice system provision of
services.
10 I ~; f! s
Proposed Implementation Plan: Roles and Responsibilities
The Fresno County Probation Department: Post Release Supervision
The Fresno County Probation 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 commun ity
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 "flash
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 legislation . probation is to
supervise under appropriate tem,s and conditions of probation , consistent with evidence
Ul ?ig2
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 released to the county of Fresno .
Estimated Postrelease Community
Supervision Average Daily Population
1200
~;·\--\-·.:'.:_(_,: ·-:,;_-\_/_:~-.i,-: ;~-t-··~~/-:~,-: ::-·<·-·:\_<_r_X_\-:.-··\--:<.~:i--,._:-;-.;;_\....,.j~-, ' t<f :• ,)\ 'i ~\~Hif. :,;~;~: \,.:,'::c;:~{,; I
-----·-----;;:;;--.~~~~~~-~~1 1000
800
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
13I P age
I
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. lt 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 ;: a 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 based
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 the 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 trends in the realignment population and to be able to
efficiently respond to issues; to provide informat ion 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 emergency situations may arise stemming from this
population ; and to mitigate the need for custodial services through appropriate early
interventions . In addition , the team can provide surveillance and warrant sweeps in
conjunction with other law enforcement agencies .
15] Pa§ E
-
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 . Pretria l
service officers submit a report risk assessment and a recommendation regarding
release to judicial officers. Research has demonstrated that the pretrial release
16 I P A[; e
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 disconti nued 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 provid ing 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 the integration of the STRONG risk needs
assessment with jail systems. As the probation department 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 significant information on offenders tha t
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 referral system that would save time
and money . 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 within seconds of the referral, availability is known .
17 I ; o g e
Lastly , an evidence based practice that is shown to be effective in pretrial services
according is a "reminder service". 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 FTA 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 cons ider 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.
ts I P a g "'
Proposed Implementation Plan : Roles and Responsibilities
Treatment and Services Coalition (TASC)
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.
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 identified 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 those on probation with changing their criminal behavior.
Quality assurance through systematic observation and evaluation of various
components of the Fresno County system is a necessity as well. This is in order to
assure and maximize the probability that the minimum standards set by the CCP are
maintained throughout the system .
20 I Pa ge
Tl1e Public Safet)' Realig11111e11t Act
~~B 109
Update to 20 1 1 ln1ple1nentatio11 Pla11
2013
Col111tv of Fres 110
.I
Executive Corrimittee of the C o11unu.nity Corrections Partnership
Linda Pe1111er, Chief Probat1ou Offi c er. County o f F1·c s no (C hair)
5h~ran )lortu11. Court Exec u tiYe Offic er~ Fres uo Count y Supe rior Court
S heriff :Margaret )[ims . County of Frf's no
E1izaLelh Egan. Dis trict. At t.orne~. Couut y of Fres no
Ken1wtlt Taniguchi. Publi c D e f euder. Count y of Fres rao
Jer.r y Dyer. Chjef. Fres no Poli ce Dt•p,utme nt
Donua Taylor. DirE'"ctor. Behavioral H e alth . County of Fres no
Background
AB 109
The Public Safety Realignment Act
Update to the 2011 Implementation Plan
County of Fresno
2013 ·-----------·-----------
On August 19 , 2011. the Fresno County Com munity Corrections Partnership (CC P)
Executive Committee approved the Public Safety Real ignment Act, A ssem bly Bill (AB)
10 9 Implementation Pla n for 2011 . On September 13 , 2011 the CCP moved the
Implementation Plan and associated Budget and Salary Resolutions to the Fresno
County Boa rd of Supervisors for approval of the plan pursua nt to .A.ssembly Bill (AB)
117. On that date, the Imp le mentation Plan and t he associated budget and resolutions
were approved . The Pla n has been operational since that time .
Changes are set to occur in the operat ion of associated programs in the County of
Fresno under the auspice s of AB 109 . The intended development and implementat ion
of new programs requires an a mended and updated plan for Fresno Co unty that has
been developed and set fo r approval by the Commu ni ty Co rrect ions Pa rtn e rship (CC P)
on March 15 , 20 13 .
In the o rig ina l legislation under AB 109 in 2011, Sectio n 1230 of th e California Penal
Code wa s am ended to read "E ach county loca l Community Corrections Partnership
established pursu a nt to subd i visio n (b) of Section 1230 shall re comm end a local plan to
the County Board of Supe rvisors for the implementation of the 20 11 publi c sa f ety
realignment. (b ) The plan shall be voted on by an exe c ut ive committee o f eac h county's
Com munity Corrections Partnersh ip co nsisti:1g of the C h ief Probation Officer of the
county as chair , a Chief of Police, the Sheriff. the District Atto rney , the Pub lic Defender,
Presiding Judge or h is or her designee . and the department representative listed in
ei ther 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 p lan . (c) T he plan shall be deemed accepted by the County Board of Supervisors
un less reje cted by a vote of4/5th s in w hich case the pla n goes back to the Commun ity
Correcti ons Partnership for fu rther con si de ration .
C o ns istent with the leg is latio n and local needs and reso u rces , the plan is now
undergoing modifications and includes proposals that in crease and maximize th e
effect ive investm ent of crimina l j ustice resour ces in evide n ce -based correcti ona l
sanctio ns and p rograms for public safety.
In keeping with th e leg islat ion as t o reporting ch anges in county CCP operationa l p la ns
a nd services. this proposal delineates propose d c ha nges and modific at ions to the
original 2011 plan for th e C ou nty of F resno
Legislative Mandate History
The Fresno Cou nty Implementation Pl an of 2011 follows the legi s lative m andates and
intents as specified in the legi s lation and identified below . The program s , seNices and
a ct ivi ties have been built bot h upon the guiding princ ip l es stated i n t he leg is lation that
c o ntrols realign ment as well a s the ne eds ide nt if ied th rou gh th e operation of the
program loc a lly .
The Publi c Safety R eali gnme nt Act (Assembly B ill 109) was sig ned into l aw on Ap dl 5 .
2011 i n the St ate of Cal ifornia
Several mandated cha n ges took p la ce upon th e tmp lementation of the law o n October
1 . 201 1:
(1). AB "10 9 tran sferred resp on s ibility for supervising specified l ower lev e l inmates and
parolees fr o m t he Ca li forn ia Depa rt ment of Co rrections and Re h abili tati o n to counties
This population , the Post R e lease Community Supervisi on (PRCS) offenders became
eligibl e for county supervision for a period not to exceed 3 years . provided by the county
agency designated by th at coun ty's Board of Su p erviso rs. In F re s no County , the Fre s no
County Probation Depa rtment h as the designated re s pon sibil ity for PRCS su pervisi o n .
(2 ) The definitio n of some f e lon y c rim es w a s revi sed to include ce rta in crimes that
became p uni sh able in ja il fo r 16 month s 2 years , or 3 yAars i n stead of s ta te p ri s on .
although some offenses. including serious . vio le nt and some sex -offenses . are excluded
and sen tences can co nt inue to be s erved i n state pris on .
(3) Pos t Re lease Community Supe rv isi o n (PRCS) an d sta te p a ro le revocati ons are n ow
served 1n loca l Jails (by law maximu m rev ocat ion se nten ce is up to1 80 days). with th e
exceptio n of paro led 'li fe rs ' who ha ve a revocation te rm of greater t han 30 d ay s . The
Su pe rior-Courts throug h the i mplemen ta ti on of the legislat ion now hear revo ca t ion s of
Pos t Release Community S upervision {PRCS). offenders with the Board of P arole
Hearmgs conduc ting parole viol at io n hear in g s throug h July 1, 20 13 at wh ich ti me the
S uperior Courts w iH assume respons ibility fo r state p aro le revocatio ns
(4 ) Ch a nges to custody c re d it s ha v e o c curred in wh ich ja il in mates are no w ab le to
eam four days of c red it for every two d ays served . T ime spent on h om e d e te nt io n (1.e ..
electroni c m onitoring ) is c red ited a s ti me s pent in jail c ustody .
(5) Penal Code Sectio n 1203 .018 now authorizes electronic monitoring f o r inmates
being held in the cou nty j ai l in lie u of ba 1i. El ig ib le in m ates must first be h e ld in cus tod y
for 60 days post-arraignment. 30 days for those cha rg ed with m isde mea nor offenses or
the inm a te is app•opriate for the pro gram based on a determinat ion by the correction al
administrato r that the inmate ·s part icip at ion would be co n sis tent with the publ ic sa fet y
interest s of the co mmu ni ty .
2
(6) Under the authority of the legislation , comm un ity based punishment was authorized
th at allows counties to use a range of co mmun ity based punishment and intermediate
sanctions other than jail incarceration alone or traditio nal routine probation supervision
for the iden ti fied p o pulations.
Changes to 2011 Implementati on Plan
Programs that were approved and fun ded in the original Implementation P lan o f 2011
are ongoing. Due to the additions and c hanges that have occurred in the operation of
AB 109 programming, th e updated 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 followin g the approval.
Given the i nfluence in the legislatio n to uti lize ev idence based practices and programs
through a range of co mmunity based services and sanctions , and based on a
determination of needs as ascertain ed through the operat ion of the AB 109 Programs
locally, there are several noteworthy add it ions and modifications to the approved plan .
Ch anges and add itions to the original 2011 plan have been made in the Fresno County
Sheriffs' Office . Fresno County Probati on Department , t he Fres no County Department
of Behavioral Health and the Fresno County Department of Public Health .
These c hanges , additio ns 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
On January 22 , 2013, the CCP sol icited and accepted propo s a ls from interested parties
for the addition and expansion of services based on identified needs and priorities of the
CCP. O n February 27, 20 13 additio nal programs for which proposals had been
submitted were selected and will further modify t he operati o n of local AB 109 service
provision .
.__ ____________ F_re_s~o County Sheriffs Office
With the advent of AB 109 funding it was antici pated that the Fresno County jail would
reopen 4 32 beds in the North Annex Jail which o ccurred on October 1, 20 11 . An
additional fl oor of the No rt h Annex Jail with 432 beds opened on September 1, 2012 .
3
With t he support of CCP f unding , t hi s ha s all owed f or t he accoun~ab ility ne cessary for
the foundation of the public safety se rv ice s prov ided th ro ugh rea lignment.
Fre s no County Jail Operations: New Program T JCU
In November of 2012 the Fres no Co unty She ri ffs Office and the Fresn o Cou n ty
Probation Department were se lected to be part of the nati ona l Tra nsitio n from Jail to
Communit y Initiative (T JC ). Throug h the award the agencies have o egun a process t o
reverse the t~erd o f crimin a l re c id ivi sm in adult co rrectiana l popula tion s T h ro ug h t he
provis ion of evidence based planning . the ja il comm ined to de ve lo p j ail s ervi ce s and
programs that connect t o a c ontinuum of comm unity serv ices des ig ned t o en ha nce
s uccessful integration . T he T JC p roJect has been instrume nta l in ass ist i ng i n th e
development of a transition pod proposed and approved u nd e r the auspices o f AB 109
funding on February 27 . 2013 Through the c ol lective operation of the probation and
she riffs departme nts . the Trans1t1on from Ja il to Communi ty U nit (TJC U ) w ill be opened
in the North Annex Jail housing up to 72 sentenced priso n ers and identif ied through
assessments with c ommitment ti mes of one ye ar o r m ore . The AC T S Jail Assessment
model will provide both p ro xy sco ri ng and criminoge nic ris k needs sco re fo r
prog ramming . Evidence based transition services will be developed i nclud i ng
education , substance abuse . and com mun ity serv ices T he ja il w tll attempt t o develop
class and program space and will work with the Comm u nity and C ustod y Resou rces
Subcommittee of the C C P to en courage communi ty engageme nt in th e proces s o f
bu ild in g a reent ry un it a s well as fa ith based pr og ramm ing . Staff w 1!1 be c ross-train ed ir
cognitive behav ioral programming p rovi ded by probat io n i ncludi ng Motivati onal
interviewing and Thinking for a Change . T he pr o batio n sta ff w ill add it ionally case
manage unit offenders and w o rk o n the progres s ive re e ntry issu es incl ud ing co mmu nity
trans ition through program phases .
~--------·--· .. -------------·----
----· _________ Fresno Cou nty Depa rtment of Public Health -· __________ _
Ja il Medical SeNices
Following approval of the Implementatio n Plan ,n 20 1 1 and on September 1 3 . 2 0 11 the
Departm ent of Public Hea lth requested and re c e ived an a llo cation for med i cal se rv i ces
Th is was l ater i nc reased due to a h igher level of AB 109 inmates in t he Ja il w ith an
add it ionai reserve amount put as ide t o add res s futu re costs. Med ic a l serv ice s a re
mandated by Title 15 , Division I of the Ca li forn ia Code of regu lat ions . On February 27.
201 3 the CCP authorized add itiona l funding fo r Jail M e d ica l service s due to continuin g
increased costs i n the ja ii
A lthough not specifically identified in the ang ina! Impleme n tation P !an of 2 0 11 . the
provisio n of medica l and menta l hea lth serv ices 1s in keep ing w ith the full course
treatment aspect of rea lignment and state mandates for Ja il med ica l se rv ices .
4
Fresno County Probation Department L--------------~-----~--------------'
Post Re lease Community Supervis ion offende rs in the fi rs t year of operation tota led
1,581 individuals who were released to th e F resno Cou nty Proba tion Department for
serv ices . Trends noted in the firs t year of operation and continu ing to d ate a re the
appreciab ly higher number o f offenders received vers us the number p ro jected to be
released . Another trend 1n the offending population is t he use o f al coho l an d drugs wi th
mu ltip le problems re lated to th is substance use , includ in g fami ly conflict , e mployme nt ,
ant i-social beha vior and new offenses . fhe need fo r menta l hea lth services was
immediately apparen t in th e PRCS population . Some req uired inpatient level of c are .
The probation department opened th e AB 109 'one-stop ' offender services office or.
Winery Avenue in F re sno Califo rn ia A t that location, AB 109 offen ders c an meet with
thei r probati on officers, be referred to the Adult Day Reporting Cente r on c am p us , drug
test and be re ferred to needed service s there including Workforce C o nnection .
To add ress trends in the offendin g population since the development of th e 201 1
Implementation Pl an the Probat io n Department has partnered w ith both the De partme nt
of Beha vio ral Hea lth for T urn ing Point of Central California , Inc. (Turn ing Point)
treatment serv ices for PR C S offende rs and t he Fresn o Count y Sheriff's Office for
offender services that will occur bot h in and ou t of custody .
Additional Service Prov i sion
Co-located at that lo ca t ion are the mental health a nd substa nce abuse services of
Turn ing Po int o f Central Californ ia thro ugh a contra ct implemented in 20 12 w it h th e
De partment of Behavioral Healt h. Turning Point provides both ment al health and
substance use disorder services at their First Stree t Center. Tu rni ng Point provides a
f u ll a r ray of services to include . ou tpati ent menta l he a lth a nd s ubsta nce use disorder
tre atment. full services partnersh i p services for severely men ta l ill cli ents , re sidenti al
detoxitication and treatment. and sober livin g housi ng . The contra ct w ith Tu rnin g Point
w as expanded due to the increased need for additional res id entia l bed s for offenders .
'
,-----·-------------·----------------------,
___ F _resno County Department of Behavioral Health -·----
The Implementation Plan of 2011 stated that, ''Central to AB 109 legislative intent and
critical to the success of the real ignment population is the development and
implementation of treatment services that address criminogenic needs ... It is known and
expected that a significant number of the realignment population have long stand ing
unaddressed substance abuse problems and/or mental health issues that will need to
be considered as the CCP plan goes forward ... 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 cons idered a critical risk reduction strategy ."
Fresno County Department of Behaviora l Health (DBH) was ta sked with providing
mental health and substance use d isorder services for the PRCS population . DBH
determined these services would be provided by a community based provider. After
going through the county's competitive based process a contract was awarded to
Turning Point of Central Californ ia .
Turn ing Point provides both mental health and substan ce use disorder services at their
First Street Center as well as assessments and li mited outpatient services at probation 's
Winery Avenue site. Turning Point provides a full array of services to include, outpatient
mental health and substance use disorder treatment, full services partnership services
for severely mental ill clients , residential treatment . sober living housing. The contact
was expanded on September 11 , 201 2 due to the increas ed need for resi dential and
treatment beds for offenders.
L---------Multi-Agency Adult Compliance Team
The Fresno Coun ty Adult Com pliance Team (ACT) became operational in November of
2011 and presently c ons ists of two Fresno County Probation Officers . one Fresno City
P olice Officer, one Clovis City Po lice Officer. o ne Fresno County District Attorney
Investigator and one Fre sno County Sheriff's Sergeant. This team is multi-purposed : to
enforce conditions of supervision ; to note trends in th e realignment population and to be
able to efficiently respond to issues ; to provide informati on and direction for all law
enforcement agencies in the County of Fresno and to be the point of con tact for
d issem ination of offender information : to respond rapid ly with knowledge and
information at;)Out the offenders in such case as emergen cy situatio ns may a rise
stemm ing from th is population as well as the need to mitigate the need fo r custodial
services.
In the Implementation Plan of 2011 , there was no provision made for overtime and
training costs . On February 27, 2013 th e CCP d id approve th e addition of these costs
to the plan .
6
Pending Contracts
------,
---··------·--·-----·---· ·-·----·-·-·. ---·-------·--
At the Community Corrections Partnership meet ing on February 27 , 20 13 the CCP
approved funding for two addition a l contracts for offender services 1n keeping with the
in tent of the AB 1 OS leg isf ation t hat would create . expand and imp lement community
and agency resources for the offending populations
Counseling Services
The first allocation was for in custody . out of c u stod y and pretrial counseling services .
The purpose of the contract 1s to provide services designed to reduce recidivism by
targeting behaviors that lead to or continue criminal behavior throug h the provision of
counseling services t o iaentified offen ders in the AB 109 populati on The contractee
would be expected to prov ide services at the jail and through case managed
supervision , at various locations in the county for both PRCS offenders and AB 109
offenders released from the jail. The program would be developed around the
1dent1fied and assessed needs of the offender and with the direction of a probation
officer or case manager in the jai l.
Hom~less Offender Service~
The needs of the homeless offender are broad and encompass m a ny areas Collective
priorities in our community and li teratu re on ev idence based practices support the need
for homele ss offe nders that do not qualify for mental health and substan ce abuse
considerati on . The purpose of t h e contract would be t o provide services for unmet
needs fo r those being rele as ed from p rison {PRCS ) the transition pod at the jail
including transitional residential housing . tnose who become homeless while under the
supervision of the proba ti on department and those offenders w ho could quality for pre-
trial release with a requisite re sidence req ui rement. In additional services designed to
d ivert offenders from the cycle of incarceration and homelessness through supportive
and evidence based programing in conjunct1 on with transitional housing with homeiess
participants would be a requi site part of the program .
Employment Assistance
In addition to the above newl y approved Request for Proposa l s , the Co mmu nity
Corrections Partnership has authorized a shift in dedicated m onies to an expansion o f
services for job tra ining and ass istanc e for the AB 109 population A contract to
address and expand job training would allow for on-site ass istan ce at the 'one-stop'
center for offenders to coincide with other needed services . The purpose of the con t ract
would be to provide em ployment services for offenders that have little to no wo1k
experience, have difficulty keeping a job. assist with workplace technology and
counseling services including substance abuse educat io n and social wo rk services that
focus on job retention
7
___ D_is_c_ussion of Program Op~rations Sinc_e_2_0_1_1 ________ _J
Pretrial Services Program
The Fresno County Probation Pre Tria l Services program became operational in
September, 20 12 . At the present time, ove r 300 offenders have been referred for
services based on the Pre Tria l V irg in ia Model of As se ssment (VMI ) w ith superv ision
services that include GPS m on itoring and tracking. Assessm ent se rvices (STRONG )
a re also being completed on AB 109 supervised offende rs as identifi ed in the
Implementation Plan .
Automated Voice Call ing (AVC )
The evidence based practice shown to be effective in court process ing of offenders is
the automated telephon ic ·reminder ' service . as discussed in the original implementation
plan , became operational i n July 2012 . Automated ca lls to defendant's homes
providing a cou rt hearing notice as provided by In Touch have at te mpte d ov er 44 , 000
automated vo ice contacts (AVC) to defendants in F resno C ounty Courts .
Sub -Committees to the C om m unity C o rrecti ons Pa rtn ership
In the Implementation Plan of 2011, one treatment oriented subcommittee w as identified
for support of the AB 109 p lan . Since th at time . subcommittees ha ve been fo rmed that
focus on the specia lized community and offender i ssu es of AB 109 as well as provide
coll aborat ion . infor mati on and as sist an ce to t he CCP .
These standing committees are : Fiscal Review an d Audit; Com munity and Custody
Resources : V ictim /Mandates: Incarceration an d Capacity ; Technology ; Courts;
Research and Evaluation ; and the Adu lt Compli ance Team Review Committee . The
comm ittee members are presen t at each CC P meeting an d report out on work that has
been acc omplished in the inte ri m between CCP meeting s or on specialized tasks at th e
di rection of the CCP.
Data Collecti on
The firm of Owen Research and Eva l uatio n (ORE) was hired by th e CCP through
contractua l agreement to pro vide the CCP evaluative services as req ui red and
approved in the AB 109 Implementation Pla n for Fresno County . The overall focus of
activity has been to create an objective and evidence based eva lu ation and quality
assuran ce plan for the county . ORE cont in ues t he process a nd is in the developmen t of
a n analytic report to compare descriptive data to out c omes whi c h will completed once
the fi ling data for the county is fin a liz ed .
Add it ional objectives are to assess th e effectiveness of the coun ty 's implementati on
p lan and the impact o n public safety of released offenders from state prison to the
supervisi on and custody of Fresno County; to rev iew the pro grams as selected and
im plemented for the most efficient an d effect ive outcomes and to provide information to
the CCP that w i ll assis t in informed d ecision ma king .
8
Status of Implementation Plan Programs · 2 0 13
A review of the 2011 Implementation Plan for Fresno County at the present t ime reveals
that programs s lated for implementation have been realized and the overall tenure and
direction of the CCP has been accompli shed . One service for c lient referra l in ·rea l
time· for treatment providers as discussed in the implementation plan was not
implemented due to tech n ology issues .
Under the guise of both accountab ility and ev idence based practices and principles
consistent with publi c safety , programs identified for initi al implementati ons have been
enacted
Since inception , the direction and goal of the Fresno County Com munity Corrections
Partnership as established unde r AB 109 , has been the succ essful implementation of
the legislation with th e cons ideration of the uniq ue local issues that may impact offender
ach ievements 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 th is county .
The new modifications and add itions to the Fre sno County AB 109 o perationa l plan
serve the needs of the county . The Community Corrections Partnersh ip of Fresno
County is comm itted to philosophical and operational programs nece ssary to reduce the
crime and recidivi sm while promoting a reduc ti o n in c rim inal v ictimizatio n and increase d
publ ic safety .
g
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -2nd Update
County of Fresno
Executive committee of the Community corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
[ Sheran Morton, Court 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
r-AB109
-----------··--.. -... -,
! I The Public Safety Realignment Act
i Second Update to the 2011 Implementation Plan
l
j County of Fresno
! October 2013
I 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 his 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 wh ich 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 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 (CCP)
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 the 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 Board of Supervisors which were
approved . In a budget workshop on October 1, 2013 the CCP accepted proposals for
modifications to the Plan and on October 15, 2013, the CCP approved funding for the
proposals consistent with the original intent of the legislation and the Fresno County
Plan.
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 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 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 Corrections Partnership, there are several noteworthy additions 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, STAR 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 would be 3!Page
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 Offi~ Jail Records Positions With the implementation of AB 109 locally, there was a significant 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 commitment packets that are forwarded by the court requires consistency and specialized 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 Technician positions. The positions are subject to Fresno County Personnel's review of the classifications to be used to address jail records needs that are based on increased workload from AB 109 offenders. The appropriation from the CCP was $164,000 for the remaining fiscal year and: $328,000 for a full fiscal years funding. 41 P;; x e
Pending_Reque_~ts 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 various 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 rehabilitation. 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 California (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. SjPr1ge
Attachment "A" The Public Safety Realignment Act AB 109 Implementation Plan 2014 -3rct Update County of Fresno 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 Diaz, Public Def ender, County of Fresno Jerry Dyer, Chief of Police, City of Fresno Dawan Utecht, Director, Behavioral Health, County of Fresno I v'
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 implementation 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 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 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 multiserv1ce centers. mental health treatment programs, electronic and Global Positioning System (GPS) monitoring programs, victim restitution 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 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 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 moved to the Board of Supervisors and were approved in April 2013. In October 2013 the second amended plan was approved by the CCP and moved to the Board of Supervisors with the associated budget and salary resolutions approved in January 2014. 21Page
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 w ith 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 w ill 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 Co,rections
Partnership, there are several noteworthy additions and modifications to the 2011
approved plan .
Fresno County Sheriff's Office
IT Support Po.sition
Due to increasing workload for various research activities associated with the operation
of the AB 109 program, the Sheriff's Office requested an IT support pos ition which was
approved to provide custom application development to integrate jail program services
data and customize report programm ing . The Community Corrections Partnership has
allocated $98,011 for this position .
Pending Additional Actions/Requests for Proposals (RFPs)
·-... .J
The Community Corrections Partnership approved funding to move forward with
Requests for Proposals for additional c ontracts for offender services in keeping with the
intent of the AB 109 legislation. These all o cations create , expand and implement
community and agency resources for the identified populations.
Domestic Violence Services
The purpose of the contract would be to provide both batterers intervention treatment
and holistic counseling services for offenders and fa mily members that would redu ce
recidivism and increase offende rs ' chance s of success in the community as well as
improve family functionality. The services could include parenting and anger
management classes as welt as individual counselin g. The contractee would be
llPag e
expected to provide se rvi ces through case managed supervis ion. at various locations in
the county for both Post Release Community Supervision (PRCS) and AB 109
offenders released from the jai l. n ,e program would be developed around the
identified and assessed ne eds of offenders and with the direction of either a probation
officer or case manager in the j ail. The Community Corrections Partnership has
allocated approximately $203 ,725 fo r this RFP . Funding for these services was also
approved as part of the CCP p lan -2 nd update . However. implementation requ ired
further refinement of the serv ices , wh ich has been identified and will be included in the
proposa l.
Adult Compliance Team (ACT)
Two additional law enforcement office rs 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 additi on of the two law enforcement
offic ers is $283 ,000 pe r year.
In addition. funding was expanded to provide additional training for officer safety, team
tactics , and tra ining on curren t crimina l behavioral trends . Fund ing was increased · for
training by $15,000 per year.
Re -entry Services
The Community Corrections Partnersh ip allocated funding for the development of
behavioral modificati on programs and behavioral cogn it iv e therap ie s to address criminal
thinking and de-institutionalizing habits and mindsets of offenders to be delivered in
both case managed serv ices in th e com munity and at t he jail for realigned populations .
This program wit! provide an array of workforce d evelopm ent services geared to
increase skiff s acquisit ion and im p ro ve th e chan ce s of su cce ssful e mployment
outcomes . In addition, the program wi ll target employers that have been locally
determined as high-growth and high -dema nd in order to create opportunities for self-
suffi cie ncy and career adva ncemen t for t he "harde st to employ" population . The CCP
allocated $276 ,944 for an RFP for se rv ices . Funding fo r em ployment services was also
approved as part of the CCP plan -2nd update . However , implementation required
f urther refin emen t of th e services . wh ic h has be e n identified and will be included in thti
proposa l.
Status of Implementation Plan Programs: November 2014
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for implementation have been or arc being implem e nted and th e
overall tenure and direction of the CCP has been accomplished . Under th e 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 Fr esno Cou nty Community Corrections
Partnersh ip as established under AB 109, has been the su cce ssfu l implementation of
4j Page
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety . A ba lanced 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 victimization and increased
public safety.
SI P a ge
The Public Safety Realignment Act
AB 109
Implementation Plan 2015 -4th Update
County of Fresno
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
f .. . AB 109 . ·1
The Public Safety Realignment Act
1 Fourth Update to the 2011 Implementation Plan :
County of Fresno I
. November 2015 i 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 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 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 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 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 resolutions was approved by the CCP on November 14 , 2014 and by
the Board of Supervisors on December 2, 2014.
21 Page
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 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 Novembe r 6 , 2015 .
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongo ing and or expanded . Due to a modification 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 caseloads , 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 implementation have been or are being implemented and the
overall tenure and direction of the CCP has been accomplished . Programs identified for
initial implementation have been enacted in accordance with evidence based practices
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 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
31 Page
a 1u id -=!nt ifi ed correctional issues of this county. The new modification to the Fresno
Cou nty A B 109 o perational plan serves the needs of the County .
41 Page
The Public Safety Realignment Act
AB 109
Implementation Plan 2015 -5th Update
County of Fresno
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
,-···--·----·-·-·····---·---..... ---···· ... ----· ..... ······················---...... ·---· ... ··--·-·-...... ·-.... -·. ·--··· ....... --··-··-· ··-···-·····. ····-·· .. ,
I AB109 I
The Public Safety Realignment Act I I Fifth Update to the 2011 Implementation Plan I
1 County of Fresno I
L_ ___ ·····--·················-········-·······-·····--········································-··September 20_1_7 ·---········ .. ·········································--.. ---······-.................... ____ .J
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 Ch ief Probation Officer of the
county as cha i r, 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 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 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 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
21 Page
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 shift whose responsibility will be to respond and investigate
calls for service in the area of County responsibility in and around Courthouse Park
including the jail.
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Th ~ total f ull 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 offende r. 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 So cial Workers will conduct 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 treatment and/or alternative placement,
the Social Workers will provide valuable skills in helping clients access these services .
This Unit will work closely with the AB 109 population , arranging appropriate treatment
and ensuring compliance with Pretrial obligations at all stages of the 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 ' social services needs are met. In addition , the Unit
will support clients by contacting them directly to ensure they appear at court -ordered
hearings ; they will reinforce and provide the clients support to complete their court-
ordered treatment programs thereby increasing the likelihood of successful completion
of programs rather than serving jail time . The Social Workers in this Unit will also
41 Page
support clients in finding housing/employment/education/training to successfully
complete all probation and court-ordered terms/conditions.
Fresno Police Department
Mu lti-Ag ~ncy 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: November, 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 victimization and increased
public safety.
6 I !:-., ,·,..
I C C"' ..
1
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
September 2017
OPERATING AGREEMENT
Fresno County Probation Department
Fresno Co unty Sheriff's Department
Fresno County District Attorney 's Office
Fresno Police Department
Clovis Police Department
Selma Poli ce Department
Reedley Police Department
Kerman Police Department
Kingsburg Polic e Departm en t
Exhibit 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
release community supervision {PRCS), and mandatory supervised release that may occur due to
the passage of the Criminal Justice Realignment Act (AB 109) effective October 1, 2011.
II. MISSION
Th e mission of ACT is to provide an additional layer of offender supervision to ensure offender
accountability, survei llance, and supervision through mobile, intensive and evidence based
practices leading to enhanced public safety and offender comp li ance.
2
Ill. GOALS
A. To reduce the occurrence of new crimina l acts by targeting offenders on
probation, post release community supervision, and mandatory supervised
release with intensive surveillance by peace officers dedicated to enforcement of
conditions of release .
B. To identify supervised offenders who are not meeting their conditions of release
in order to ensure compliance .
C. To mitigate the need for custodial sanctions through appropriate early
interventions.
D. To document trend s in the realignment population and respond efficiently to
emerging trends that adversely affect public safety.
E. To gather, collect, and provide information and direction regarding the post
rel ease community supervision {PRCS) and realignment populations for all law
enforcement agencies in the County of Fresno and act as the point of contact for
dissemination of offender information to law enforcement.
F. To respond rapidly to emergency situations with knowledge and information
about the offenders.
G. To provide other public safety respon ses including sea rche s as authorized by the
terms of relea se and warrant services, as needed.
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 model. This intensive approach
is seen in the formation of ACT; an interagency public safety alliance with local law enforcement
agencies and county justice partners that provides an additional level of offender accountability
and public safety. The "strike team" concept is used to de scribe peace officers under ACT,
dedicated to particular enforcement and public safety purposes, with an immediate capacity to
take action with offenders under probation supervision, post release community supervision
(PCRS), and mandatory supervised relea se by the Fresno County Probation Department.
To thi s end, the participating agencies developed these operational guidelines and procedures
concerning the formation of the Adult Compliance 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
The Adult Compliance Team will be co-located at the Fresno County Probation Department. The
Probation Department is the commanding agency of ACT and will maintain res ponsibility for the
administrative direction, objective, and mission of the Adult Compliance Team .
The team will consist of sworn officers from the following agencies: two (2) deputy probation
officers from the Fresno County Probation De partment; one (1) sergeant from the Fre sno County
Sheriff's Department; two (2) deputies from the Fresno County Sheriff's Department; two (2)
se nior district attorney inve stigators from the Fresno County Di strict Attorney's Office; one (1)
sergeant from the Fresno Police Department; three (3) police officers from the Fre sno Police
Department; two (2) police officers from the Clovis Police Department; one (1) police officer from
the Selma Police Department; one (1) police officer from the Reedley Police Department; one (1)
police officer from the Kerman Police Department; and one (1) police officer from the Kingsburg
Police Department. Dependent upon future funding, the size of ACT may fluctuate according to
the number of officers and agencies.
A. Policy and Direction
Under the policy and planning direction of th e Community Corrections Partnership (CCP), ACT
will utilize an Advisory Sub-Committee of CCP.
B. ACT Advisory Sub-Committee of the CCP
Each law enforcement agency that assigns perso nn el to ACT may designate a member to the ACT
Advisory Sub-Committee of the CCP . All law enforcement agencies operating within the county
with an interest in ACT are welcom e to attend the meetings of the ACT Advisory Sub-committee.
3
Aopoi ntments to and removal from the ACT Advisory Sub -Comm ittee and appointment of a Sub-
Committee Chairperson will be made by the CCP Executive Committee.
C. Operations Comma nder
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 liaison 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 su pervi so rs are working, each supervi sor will be responsible for their assigned element.
When only one supervisor is on duty, that supervisor will be responsi ble for the supervis i on 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 co nditions are predetermined before
relea se from custody to probation, post release community supervision or mandatory supervised
release. The offenders will be under the supe rvi sio n of their assigned probation officer or ACT
probation officer.
VI. OPERATIONS
A. Supervision and Field Re spo nsibility
The use of surveillance, supervision, and field contacts will be established in conjunction with
Fresno County Probation Department policies and as established by the CCP Execut ive
Committee, ACT Advisory Sub-Committee, and policies and procedures of general law
enforcement accepted practice s as established by sta tute and case law.
B. Records and Reports
All reports created by ACT related to contacts with those offenders under probation supervision,
post release community su pervision, and mandatory supervised relea se will be entered into the
Probation Records Information Management System (PRIMS}. 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 offenders under probation supervision, post release
community supervision, and mandatory supervised release allowing for appropriate law
enforcement response is a priority for ACT .
4
Any additional crime, arrest, or incident report will be documented by the primary investigative
officer through the use of their own departmental report writing system.
VII. ADMINISTRATION
A. Financial Administration
Financial administration of ACT funds allocated by the CCP Executive Committee will be the
r esponsibility of the Fr esno County Probation Department Business Office through the duration
of the program. In addition, the allocation and management of funds are guided by Fresno County
Fiscal 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 Fiscal Year 2017-2018 CCP budget, vehicles will be provided for
probation staff and for participating law enforcement officers as specified in the final approved
budget of the CCP and Fresno County, for use in executing the mission of ACT.
C. Communications
Each participating law enforcement agency w i ll provide communications e quipment for its own
personnel through the duration of the OA. Each agency is responsible for its interagency
communication operability. The policies and procedures of each agency will govern
communication by its own personnel. The Fresno County Sheriff's Dispatch will be the primary
contact for operation s of ACT.
D. Firearms
Each participating agency will provide all nece ssary firearms for its own personnel through the
duration of the OA. The policies and procedures of each agency will govern the use of firearms
by its own personnel.
E. Equipment and Property
Any property, equipment or other items acquired with funds allocated by the CCP Executive
Committee shall be the property of ACT through the duration of the OA . Upon termination of this
OA or any revision, the property of ACT shall be distributed as determined by the CCP Executive
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 Based Practices outlined by the AB 109 program.
G. Personnel Management
Tile selection of ACT members will be made by each participating agency . If any of the ACT
policies and proce dures conflict with any of the participating agencies' policies and procedures,
notice of said 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 professional and perso nal conduct of
its own personnel as sign e d to ACT. Each participating agency will follow their agency
directives/MOU for working modified schedules.
VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as policies
and proc edures that may be required by participation in ACT.
There are a number of categories of administrative iss ue s 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 Vehicle Accidents
d) Injuries Su stained on Duty
e) Officer-Involved Shooting
f) Discharge of Firearm
g) Vehicle Pursuits
h) Use of Force
Each participating team member's agency ha s in place an administrative process for addressing
the situations listed above. Should these situation s occur, ACT will immediately notify the
involved officer's agency. It will remain the re sponsibility of the involved officer's agency to
address those situations pursuant to their own administrative process. All agencies involved in a
critical incident will have the opportunity to observe other agency interviews with their own
employees.
6
IX . DURATION
The term of this OA will be from Se ptember 15, 2017 through June 30 , 2018. Participation in ACT
by any participating agency may continue as funding provides or until sai d agency terminates
participation in ACT. An agency shall terminate participation in the following manner : de livery of
written notice to the Chairperson of the CCP Execut ive Committee and to all other participati o n
agencies, with termination to b e effect ive 60 d ays after delivery.
X. TERM OF AGREEMENT
As to each participating agency, this OA will be in force from the date that agency signs the
agreement. Termination of the QA ha s bee n provided for above .
XI. AMENDMENT
Any member of the ACT Adv isory Sub-Committee may propose an am endment to thi s OA by
submitting it at any regular meeting of the ACT Advisory Sub-Committee. The proposed
amendment would be submitted to th e Execu t ive Committee of the Commu nity Corrections
partnership for their consideration and approval.
XII. LIABILITY
Each part ic ipating agency will be solely responsible for any and all dama ges, inclu d ing attorney's
fee s, results from acts or omissions of its own em ployees inclu ding ACT as sign ed em ployee. Each
participating agency shall indemnify and hold harmless each other parti ci pati ng agency for said
acts or omissions. Th e provision s contained he rei n include any violation of applicable law,
ordinance, regulation or rule, including where th e claim, loss, damage, charge or expense wa s
caused by deliberate, willful or criminal acts of any agency, or any of its agents, officers or
employees in its or their performance the reund er.
It is the intent of the partie s hereto that, where neg ligence is determined to have been
co ntributory, principles of comparative negligence will be followed and eac h party shall bear the
proportionate cost of any loss, damage, expense, and liab ility attri butable to that party's
negl ige nce .
The participating age nci es will es tabli sh procedures to notify the other agencies whe re
appropriate of any claims, administrative actions or legal actions w ith respect to any of th e
matter desc ribed in thi s indemn ification provision . Th e agencies sh all cooperate in th e defense
of such actions brought by others with r es pec t to th e matters covered in this ag reem ent. Nothing
set forth in this QA shall establi sh a stand ard of care for, or create 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