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Agreement No. 16-030-3
Third Amendment to Agreement with City of Fresno #16-030
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT ("Third Amendment") is made and
entered into this 5th day ofO,terrber , 2017, by and between the COUNTY OF FRESNO,
a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the
CITY OF FRESNO, a municipal corporation, hereinafter referred to as "CONTRACTOR."
WI TN ES S ET H:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement
Number #16-030 on January 26, 2016 ("Agreement"), p1.:1rsuant to which CONTRACTOR agreed
to assign one City of Fresno Police Officer ("Police Officer") to be responsible for fulfilling the
responsibilities of an Adult Compliance Team ("ACT") member, as set forth in the Public Safety
Realignment Act Assembly Bill 109 Implementation Plan (A~ 109 PLAN); and
WHEREAS, a First Amendment to Agreement ("First Amendment") was approved
by the Board of Supervisors on June 21, 2016, for funding of overtime in Fiscal Year 2015-16 in
the amount of $15,000 and extending the Agreement to include Fiscal Year 2016-17 funding for
one Police Officer in the amount of $183,687; and
WHEREAS, a Second Amendment to Agreement ("Second Amendment") was
approved by the Board of Supervisors on January 10, 2017, to in~~ase the maximum
compensation for Fiscal Year 2016-17 by an additional $550,493 to cover the assignment of two
additional Police Officers and one Sergeant from the City of Fresno to the ACT; and
WHEREAS, the COUNTY and CONTRACTOR now desire to further amend the
Agreement by extending the term for one additional year, and increasing the '!laximum
compensation for such additional year to cover the additional assignment for that Fiscal Year
2017-18, of four Police Officers and one Crime Analyst from the City of Fresno to be specifically ·
assigned to the MUL Tl-AGENCY GANG ENFORCEMENT CONSORTIUM ("MAGEC") task force.
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, COUN1Y and CONTRACTOR agree as follows:
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Thi rd Amendment to Agreement with Ci ty of Fresno #16-030
1. Section 1 (OBLIGATIONS OF THE COUNTY) of the Agreement, as amended , is
deleted in its entirety and replaced with th e follow ing :
"1. OBLIGATIONS OF THE COUNTY
For Fiscal Year 1 of this Agreement, running from July 1,
2015 , through June 30 , 2016 , COUNTY shall compensate and remit
to CONTRACTOR , for actual servi ces prov ided and in accordance
with the terms herein , an amount equal to the cost of one C ity of
Fresno ("City") Police Officer for assignment to the ACT.
For Fiscal Year 2 of this Agreement, running from July 1,
2016 , through June 30 , 2017 , COUNTY shall compensate and rem it
to CONTRACTOR , for actual services prov ided and in accordance
with the terms herein , and amount equal to the cost of three City
Police Officers and one City Police Sergeant for assignment to the
ACT.
For Fiscal Year 3 of this Agreement, running from Ju ly 1,
2017 , through June 30 , 2018 , COUNTY shall compensate and rem it
to CONTRACTOR for actual services provided and i n accordance
with the terms herein , an amount equal to the cost of seven City
Police Officers, one City Police Sergeant, and on e City Crime Analyst
for assignment to the ACT and MAGEC ."
2 . Section 2 (OBLIGATIONS OF THE CONTRACTOR) of the Agreement, as
amended , is deleted in its entirety and replaced with the follow ing :
"2 . OBLIGATIONS OF THE CONTRACTOR
For Fiscal Year 1, CONTRACTOR shall assign one City Police
Officer to be responsible for fulfilling the responsibilities of an ACT
member, as set forth in the AB 109 PLAN , including by way of
example , pages 15 and 16 of the 2011 vers ion thereof, and in
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Third Amendment to Agreement with City of Fresno #16-030
accordance with the ACT Operational Guidelines and Procedures ,
both attached hereto as Exhibits "A" and "B," respectively, and
incorporated herein by reference .
For Fiscal Year 2, CONTRACTOR shall assign three City
Police Officers , and one City Police Sergeant, to be responsible for
fulfilling the responsibilities of an ACT member, as set forth in the AB
109 PLAN , including by way of example, pages 15 and 16 of the
2011 version thereof, and in accordance with the ACT Operational
Guidelines and Procedures (Exhibits "A " and "B," respectively).
For Fiscal Year 3, CONTRACTOR shall assign seven City
Police Officers , one City Police Sergeant, and one City Crime Analyst
to be responsible for fulfilling the responsibilities of an ACT member
and MAGEC, as set forth in the AB 109 PLAN, including by way of
example, pages 15 and 16 of the 2011 version thereof, and in
accordance with the ACT Operational Guidelines and Procedures,
both attached hereto as Exhibits "A" and "B," respectively, and
incorporated herein by reference .
In the event that the AB 109 PLAN is revised by the CCP, and
approved by the Fresno County Board of Supervisors, the
responsibilities of Police Officer under this Agreement may be
modified accordingly . Should such modification result in additional
costs to CONTRACTOR, the maximum reimbursement for services
rendered under this Agreement by CONTRACTOR may only be
increased in accordance with Section 7 of this Agreement. Four of
the seven City Police Officers , and the one City Crime Analyst shall
be specifically assigned to the MAGEC task force."
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Third Amendment to Agreement w ith City of Fresno #16-030
Section 5 (COMPENSATION/INVOICING) of the Agreement , as amended, is
deleted in its entirety and replaced with the following :
"5. COMPENSATION/INVOICING
COUNTY agrees to pay CONTRACTOR and CONTRACTOR
agrees to receive compensation as follows :
CONTRACTOR shall submit quarterly invoices for actual
expenditures to the County of Fresno Probation Department at:
Probationlnvoices@co.fresno .ca .us . Invoices shall be submitted on a
quarterly basis for each fiscal year period covered by this Agreement ,
with the first such submission date being on or after October 1, 2015 .
Each invoice shall include a breakdown of expenses identified in the
applicable final approved budget of the CCP in the County of Fresno
for use in executing the mission of ACT.
COUNTY shall pay CONTRACTOR within 45 days after
receipt and verification of CONTRACTOR's properly completed
invoices by COUNTY's Probation Department. If CONTRACTOR
should fail to comply with any provision of this Agreement ,
COUNTY shall be relieved of its obligation for further
compensation .
Upon any termination of this Agreement , CONTRACTOR
shall be compensated for costs incurred under this Agreement , up
to and including the date of termination . The terms of this Section 5
shall survive the expiration or earlier termination of this Agreement.
For Fiscal Year 1 (2015-16), in no event shall compensation
for services performed under this Agreement by CONTRACTOR be
in excess of $193 ,838 for one City Police Officer.
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Third Ame ndm ent t o Agreement with City of Fres n o #1 6-030
For Fiscal Year 2 (2016-17), in no event shall compensation
for services performed under this Agreement by CONTRACTOR be
in excess of $734, 180 ($183 ,687 for one City Police Officer;
$357,374 for two additional City Police Officers ; and , $193 ,119 for
one City Police Sergeant).
For Fiscal Year 3 (2017-18), in no event shall compensation
for services performed under this Agreement by CONTRACTOR be
in excess of $1 ,799,483 ($620 ,990 for three City Police Officers,
and $209 ,509 for one City Police Sergeant assigned to ACT; and ,
$871,468 for four additional City Police Officers , and $97 ,516 for
one City Criminal Analyst assigned to MAGEC.
The maximum amount payable by the COUNTY to the
CONTRACTOR for the three-year contract term shall not exceed
$2 ,727 ,501 ."
4 . COUNTY and CONTRACTOR agree that this Third Amendment is sufficient to
amend the Agreement and that upon execution of this Third Amendment, the
Agreement , the First Amendment, the Second Amendment, and this Third
Amendment together shall be considered the Agreement.
5 . The Agreement, as hereby amended , is ratified , and continued . All provisions,
terms , covenants, conditions , and promises contained in the Agreement and
not amended herein shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
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Third Amendment to Agreement with City of Fresno #16-030
1 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment
2 as of the day and year first hereinabove written.
CONTRACTOR: COUNTY:
COUNTY OF FRESNO, 3 CITY OF FRESNO,
4 a municipal corpor a political subdivision of the State of California
By: ILl,l 5 By: -=---~~-J;S~~~E~
Jerry Dyer 6 Chief olice
7 Police Department
8 ATTEST:
g Yvonne Spen·ce, <;~C _
City Clerk; City_of:Ffe~no --~-
:~ By: ~~NV~\~l?-~1-n
12
APPROVED AS TO FORM:
13 Douglas T. Sloan
v
Brian Pacheco
Chairman
Board of Supervisors
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
By: :th, IV:_ e , ts
Deputy
14 Ctty?:7~CttyofFresno
15 By:~~ )a/71/;f"
Seti I Mel ii tett-, [Date] 1 -
16 Depu City Attorney
17 ~~
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[ADDITIONAL SIGNATURE PAGE,FOLLOWS]
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[Date]
The Public Safety Realignment Act
AB 109
lmple1ne11tatio11 Plan 2011
County of Fresno
Exhibit A
Executive Conunittee of the Community Corrections Partnership
Linda Penner, Chief Probation Officer, County of Fresno (Chair)
Hon. Gary Hoff, Presiding Judge, Fresno County Superior Court
Sheriff Margaret N[iins, County of Fresno
Elizabeth Egan, District Attorney, County of F r esno
K enn e th Taniguchi, Public D efende r, County of Fresno
Jerry Dyer, Chief, Fresno Police D epartment
Donna Taylor, Director, B eh av ioral Health, County of Fresno
··,/
The following statement was developed and approved by the Executive Committee of
the Fresno County Community Corrections Partnership (CCP) on August 19, 2011 . On
that date , AB 109 the Public Safety Realignment Act Implementation Plan was finali2ed
and approved by the Executive Committee for submission to the Fresno County Boa rd
of Supervisors :
"Although AB 109 delineates a funding formula for implementation of this legislation, it
appears that this ini1ial funding is inadequate to accomplish the specified objectives of .
real ignment or to establish the framework necessary to imple ment 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 possibl e 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 rP.c-.ommP.nd~tions to maximize the effective inve!;tment of c.-imin::al ju~fit'!A
resources in evidence-based correctional sanctions and programs, including, but not
limited to, day reporting centers, drug courts, residential multi-service centers, mental
health treatment programs, electronic and GPS monitoring programs , victim restitution
programs, counseling programs, community service programs, educational programs,
and work training programs."
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
1 BO days), with the exception of paroled 'lifers' who have a revocation term of greater
than 30 days. The Courts will hear revocations of post release community supervision
while the Board of Parole Hearings will conduct parole violation hearings in jail.
Changes to Custody Credits : Jail inmates will be able to earn four days of credit for
every two days served . Time spent on home detention (i.e., electronic monitoring) is
credited as time spent in jail custody.
Alternative Custody: Penal Code Section 1203.018 authorizes electronic monitoring for
inmates oe1ng neta m me coumy Jall In ueu or Dall. E11gm1e inmates must nrst De neta 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 d es ignated group of offe nders and
provides Fresno County with the ability and lim ited fund ing to provide correctional
services. AB 109 offers support for community corrections and its multiple goals of
offender accountability, surveillance and supervision as well as fiscal accountability.
AB 109 reduces the number of offenders incarcerated in the state prison and releases
offenders convicted of specified felonies (low risk sexual offenders defined by Static 99 ,
non -violent offenders and non -serious offenders) to c ounties of commitment. It also
changes the California Penal Code and sentencing practices to keep these offenders of
specified felonies from being committed to state prison .
Community Corrections as detailed in the Realignment Act are non-prison sanctions
imposed by a court that move offenders through a system of services that are evidence
based and available to those who will most likely benefit from them thereby redeeming
both offenders and economies. The magnitude and scope of the legislation has
required a paradigm shift for the criminal justice system in Fresno County. The 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 201"1 mrougn octooer or 20·13, Fresno c ounty wm receive -,~~6 returning
offenders from the California Department of Corrections and Rehabilitation for post
release supervision services . In addition , with the implementation of sentencing
reforms, those offe nde rs convicte d of spe cifie d f e lo nies will b e punis hable in a c ounty
jail or other local sentencing option for more than one year. Both of these actions will
have considerable impac t 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 rigo rous
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 Corrections
Partnership Act. In 2009 the State of Californ ia enacted SB 678 which provided a
formula based system for sharing state savings with probation departments for
improved supervision of felony probationers· and reduced prison admissions . Fresno
County Probation received $1 ,270,000 to develop and e nact evidence based
programming (EBP) for adult offenders . This award continues through September 30 ,
2012. The fundino 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 commit new crimes and other
violations resulting in a prison commitment. Several practices have been identified and
are in the process of being integrated and imp lemented as well as evaluation programs
being put in place to determine effectiveness.
Evidence Based Practices: Fresno County Probation
Risk-Needs Assessment
The Static Risk Offender Needs Guide (STRONG) is a 4th generation, state -of-the-art, evidence-
based risk and assessment and automated supervision planning system for adult offenders. It's
most salient benefit to corrections agencies is its ability to help personnel predict recid ivism by
type of crime (violence, property or drug offenses, etc.). This all ows probation supervisors to
tailor the most effective decisions and courses for corrections by individual offender.
The resource is delivered through a Web-based interface and enables clients to manage intake,
assessment administration , case pla n management and outcome reporting from a sin gle
software application. Core components of the program are aimed at providing a precise and
objective assessment to gauge the individual's risk level for future criminal acts and a
prescriptive component that guides corrections personnel in ta il oring supervisio n, treatment and
services for optimal rehabilitative results . Th e tool ensures that treatment and public resources
are devoted to the highest ri sk offenders and an objective, consistent and simple method of risk
prediction and necessary levels of supervision.
Part 1: Static Risk Assessment The program begins with a 26-question assessment of "static"
factors and scores that determine future risks in three areas: 1) felony, 2) non-violent felony,
and 3) violent felony . These risk scores lead to classification of offen ders into one of five levels:
• High Risk Violent
• High Risk P roperty
• 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 cove ring social achievements, support systems, cognition and personality
traits. Questioning covers education , employment, re sidential stabili ty , marriage/family , friends,
aggression, coping skills and s ubstance abuse, as well as criminal history.
Part 3 : Offender Supervision Plan
STRONG offers the ability to auto-populate the Offender Needs Guide data into an Offender
Supervision Plan which recommends specific interventions targeting the "dynamic risk" factors
re lated to criminal behavior. Targeti ng th e greatest individua l risk factors of an offender and
identifying specific interventions to treat th em all ow agenci es to actively fa cilitate th e 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 itive restructuring programs designed as
Evid e nce Based Practices and designed to ch ange a n offend er's adverse thi nking pa ttern s,
6 I i' age
provide education and job training to enable long-term employment. and hold offenders
accountable during the day .
The goals of th e A dult Day Reporting Ce nter are to reduce offender rearrest s and recidivism .
assist offenders in successful ree ntry by providing needed se rvi ces. and increase public safety
by holding offenders accountable. These goals will be achieved by providing skill-based learning
opportunities, educational and vocational training and intensive community supervision.
Participants in the A dult Day Report ing Center:
• Enha nce their coping skills through group and peer counseling
• Locate and maintain stable housing
• Improve educational and vocational skills
• Fi nd and retain meaningful work
• Structur e their activities within the com munity
• Receive intensive community supervision by their probation officers
In Fresno County, the ADRC as designed and in the process of movi ng to full impl e menta tion
has identified supervision , treatment and training for offenders who are identified through
assessment for services. Up to 50 realignment offenders will eventually enrolled in the ADRC .
The current facil ity is co-located with the Adult Drug Suppression function in Fresno. Offenders
go through a four-phase program from one day to seven days per week and are typically seen
on aftercare approximately six months in to the program . At the present time California State
University, Department of Criminology, has submitted an application to fund a comprehensive
process and outcome evaluati on of th e Ad ul t Day Reporting Center program .
Thinking for a Change (T 4C) Adults
Validated as evidence based program , Thinking for a Change , (T 4C) cognitive behavioral
therapy has proven to be an effective program for juveniles and through endowed grant f unding ,
extended for adult offending populations. Cognitive-Behavioral Therapy (CST) in the T4C
model is an e mpirically supported trea tment that focuses on patterns of thinking that are
maladaptive and the beliefs that underlie such thinking . Since 1997 , Thinking for a Change
(T4C) has trained thousands of correct ional staff to facilitate offender groups in this evidence-
based cognitive behavio r program . The Thinking for a Change curriculum uses as its core a
problem solvino comoonent. with both coonitive restructuring and social skills interventions .
It was developed to be appropriate for a wide-range of offender groups, and h as been
implemented in all phases of the juvenile and adult criminal justice systems with considerable
reduction s in r ecidiv ism.
In Fresno. probation officers have bee n trained and are being train ed in the model and following
as sessment of offe nders those moved to the model meet with probation staff twice weekly in
groups of ten to study and participate in therapy . The Fresno model is part of the evalu ation
that California State Un iversity has proposed completing on the DRC .
Offender Link Telephone Reporting
Validated as a promisi ng practice . Offender Li nk identifies low ri sk offenders in bank caseloads
who can maintain contact via t elephone reporting . This allows probation offi cers to focus
7I P ;,$2
attention on medium to high risk offenders through the use of phone and web based services
that simplify client superv ision with automated vo ice authenticated check-ins, interviews and
message delivery. Probationers receive notifications and court rem inders , drug test notifications
and specific instructions on conditions of probation
Mot ivational Interviewing
Motivational Interviewing (Ml) is a client-centered approach for eliciting behavioral change
through helping offenders explore and resolve ambivalence. It is an evidence based practice
that has been shown to effectively change behavior. It is a positive and focused goal based
approach that attempts to increase the offenders awareness of the potential problems caused,
consequences experienced , and risks faced as a result of the behavior in question . With
offenders, the be lief that change is possible is an important motivator to succeed in making the
change . They 're held respo nsible f or choosing and carry out actions to change .
Jn Fresno County probation officers and probation technicians that have direct client contact are
being trained in the model that will be utilized as an EBP with the realignment population.
Proposed Implementation Plan: Roles and Responsibilities
Fresno County Sheriff's Office: Jail Division
The Fresno County Sheriffs Office is currently responsible for three jails in downtown
Fresno near the main Fresno County Criminal Courthouse. Operationally the jail has
3478 beds available in the three jails but due to budget constraints and reductions, the
bed count is now maintained at 1923 beds. There is no ability for the jail to absorb
additional AB 109 populations at its present funding level and the Sheriff remains under
a federal consent decree for overcrowding that requires release of inmates whenever a
designated bed for the inmate's classification is not available.
With the advent of AB 109 funding it is anticipated that the Fresno County Sheriff would
reopen a floor in the North Annex Jail that has 432 beds. In addition due to security
concerns and ciassification issues, a small number of classified security beds may be
opened in the South Annex Jail. For the operational dates of October 2011 through
June of 2012, the Sheriffs Office will open one floor with 432 beds . Contingent upon
funding, a second floor with 432 beds would be opened in April 2012 through the end of
the first fiscal year.
Based on inmate classification criteria and the physical construction configuration of the
North Annex Jail, the 432 beds being considered for use are all Minimum Security
housing beds . This physical configuration facilitates programming for some inmates
while limiting such for others . The Jail system cannot be operated by segregating AB
109 inmates from other inmates. Jail Objective Classification that includes such criteria
as gender, crime, criminal sophistication, gang affiliation etc., determines the use of
housing not the specific funding source . However, the addition of jail beds into the
system will allow for a significantly larger inmate population, consistent with
classification issues to be housed in the reopened floors of the North Annex Jail. This
will include long term commitments under the mandates of sentencing reform and "flash
incarceration "strategies .
Additional inmates include (1) those convicted of a felony now sentenced to 16 months ,
two years or 3 years in county jail in lieu of state prison; (2) the additional number of
offenders who are pretrial; (3) violators of post release supervision up to 180 days ; (4)
violators of state parole up to 180 days ; and (5) post release community supervisees
sanctioned with "flash Incarceration" of up to 10 days.
AB 109 changes how credits for good time and work time are calculated. This means
that inmates will be required to serve 50% of their sentence in custody I 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 community
offenders who violate their community supervision terms .
The Fresno County Sheriff's Office is fully committed to providing proper services for
inmates serving time in jail for a under the auspices of the legislation and will work with
the CCP and all attendant interagency and community provider committees that are
developed to insure that the appropriate service level is met despite limited funding
constraints. Expansion of in-custody programming is necessary to maintain safety and
offer productive use of free time while incarcerated . Enhancements to jail programming
such as substance abuse services and mental health services are considered vital as
part of a comprehensive county effort under the legislation . Evidence based
assessment will become part of the service delivery system.
The use/expansion of the community/agency resources including education and
vocational services will be explored by the Community Corrections Partnership. In
addition, evidence based practices in custodial facilities would include gender
responsive strategies for the female offending population. It is anticipated that due to
the nature of female criminality that the proportion of female offenders in the
realignment population will increase and that services should be explored that reflect
gender paths to criminality and gender responsivity in the justice system provision of
services .
10 I P o g s
Proposed Implementation Plan: Roles and Responsibilities
The Fresno County Probation Department: Post Release Supervision
The Fresno County Probatio_n Department has been designated by the Fresno County
Board of Supervisors as the Supervising County Agency for the Post Release
Community Supervision program pursuant to AB 109. The department is now in the
position and has the authority to begin receiving information on the inmates that will be
released from CDCR to Fresno County and to make the appropriate plans though the
CCP for offender supervision once retuned to the county. The operational date is
October 1, 2011.
As the administrator for the post release offenders. a full range of options for community
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 bf! served in the county jail for
up to 180 days in length . As discussed in the realignment legislation, probation is to
supervise under appropriate terms and conditions of probation , consistent with evidence
based practices, treatment services and a series of progressive incentives and
sanctions.
Post Release Supervision Model
A supervision ratio for this population has been set at one deputy probation officer per
50 offenders. The officers and support staff will be located at a site that will facilitate
program as well as safety and security . The officers will have full access to the Adult
Day Reporting Center. The probation department will transition monthly into a
specialized supervision unit with the responsibility of intensive supervision based on the
numbers being released from CDCR . It is estimated that an average of two probation
officers will be hired each month through June of 2012 in the initial phase . During the
initial phase of realignment for post release community supervision, approximately 794
post release supervision offenders will be received in the county from state prison . It is
estimated that this population will grow through 2013 to a total of 1598 offenders having
been released to the county of Fresno.
Estimated Postrelease Community
Supervision Average Daily Population
I
l ------~----~-!
400 +------.ftE'-------------------------------_J
i --~
.·: .. •. : :;.· .'• .... • .. :.·-~.,·· ... ~''-'.,;,·! •·· '~·· .... · ·.-·.·..... ···:··:·~ •. __ .,.,.·,:,_.. :. ;
Supervision of the post-release population from CDCR by the Fresno County Probation
Department is based on the AB 109 legislation that provides for community supervision
not to exceed three years and discharge in a minimum of six months if they are
successful under the terms of community supervision. Offenders in this population can
be revoked for up to180 days; requiring participation of the Courts , the District Attorney
and Defense Council, and any time served must be in the county jail.
In keeping with the legislation, the probation department may impose appropriate
sanctions as deemed necessary by the supervising probation officer as approved by the
Superior Court. An expanded continuum of sanctions process is being developed by
the probation department and a matrix of graduated revocations is also under
construction consistent with evidence based practices demonstrated to reduce
recidivism . This can and will include resource and referral, treatment, day report center
13IP age
validated risk-needs toot, throughout service provision beginning in the pretrial service
arena .
Adult Compliance T earn (ACT)
Intensive supervision based on offender assessment enjoined with evidence based
practices forms the cornerstone of the supervision model. Th is 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 Sheriff's 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 information and direction for all law enforcement
agencies in the county of Fresno and to be the point of contact for dissemination of
offender information; to respond rapidly with knowledge and information about the
offenders in such case as such emergency situations may arise stemming from this
population ; and to mitigate the need for custodial services through appropriate ea rly
interventions . In addition, the team can provide surveillance and warrant sweeps in
conjunction with other law enforcement agencies.
1s I r a 5 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 crimina l justice system as to probation and parole histories .
Compiling all this information, pretrial services staff then make an assessment of the
risks of danger to the community posed by each defendant and use appropriate
validated risk/needs assessment tools for information and decision making . Pretrial
service officers submit a report risk assess ment and a recommendation regarding
release to judicial officers. Research has demonstrated that the pretrial release
16 I P a C 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 discontinued due to funding. Identified as an evidence
based practice, a pretrial services program could greatly enhance the capabilities of the
justice system in Fresno to provide for public safety while providing delivering
appropriate correctional interventions and referral to a population that has been shown
in numerous national studies to benefit from the services. Two deputy probation officers
will be assigned to the initial development of a service and accountability based
program to supervise pretrial releases . This would include the use of electronic
monitoring/GPS and drug testing and could include post-disposition (bridge) and reentry
services as well.
Also critical for the pretrial program is 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 ne eds
assessment could be completed at the jail by probation technicians . Following
assessment, they could prepare packets with significant information on offenders that
support public and victim safety should the offender be considered for supervised
release.
In consideration of pre -and post-disposition services , CCP providers and users would
benefit from an automated real time treatment and referral system that would save time
and money. Utilizing purchased and interfaced software between agen cies, 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 ;; age
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 process i ng and serving. Defendants arrested on warrants
for FT A often spend more time in local jails when compared to other jail admissions.
Missed court appearances impact victims and witnesses that share a stake in the court
hearings. Reminding defendants of their court appearances with court date notifications
is a pretrial release intervention designed to reduce failure to appear and as sociated
costs . Systems of reminders such as l ive , automated and mail have been shown to be
effective and the pretrial services staff should consider the use of such a system.
As with any effective and comprehensive pretrial services program , the relationship with
the criminal court, the probation department. district attorney, public defender and the
sheriffs department must be open and collaborative. All agenci es will work together to
insure that services are supportive of public safety as well as the offender.
18I P :ig ~
Proposed Implementation Plan: Roles and Responsibilities
Treatment and Services Coalition (TASC)
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
criminogen ic needs . Best practices include a comb in ation of surveillance and
treatment for probationers. rather than one or the othe r 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 real ignment population have long standing unaddressed
substance abuse problems and/or mental health issues that will need to be considered
as the CCP plan goes forward . Treatment as part of the offenders' adjustment on
probation has long been seen as the avenue to successful completion of probation and
a crime free reintegration into the community. Since the majority of offenders and
incarcerated populations have serious substance abuse problems , many
contemporaneously with mental health issues , treatment and appropriate services must
be developed and should be considered a critical risk reduction strategy . It is the
recommendation that a Treatment and Services Coalition (T ASC) committee be formed
to address the outstanding service needs and service gaps that may be identified for
this population .
19 I F a g F.
and up to ten days custodial time "flash incarceration" for violat ing 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 . It will
provide supportive supervisi on and treatment services fo r eligible offend ers as identified
through assessment.
Once an offender is determined to be eligible th rough an objective assessment
instrument, the probation department will refer the offend er 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 skill s, 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 ons ite
services . The Probation Department fully anticipates that by addressing the gap in
service delivery for this offender population, through ev idence-based practices at the
ADRC , it will be able to significantly reduce levels of rec idivism within th is population .
Through the auspices of SB 678, the probation department has participated in tra ining
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 th e assessment
tool will be ready by October 2011 . It is the departments plan to use STRONG the
14 I ? ii g "=
Roles and Responsibilities
Program Research and Evaluation
An objective and evid e nce-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 th e realignment population . In addition , an outcome evaluation that would
measure the impact of the strateg ies and se rvices created for the offending population
in reducing recidivism among th e identified population using quantitative research
analysis should also be completed .
Qualitative and quantitative data on evidence-bas ed programs are important in
corrections. Without effective evidence-based supervision, programs , and services, the
system exists without empirical evidence of program effectiveness and compromises its
ability to assist thos e on probation with changing th eir criminal behavior.
Quality assurance through systematic observation and evaluation of various
components of th e Fresno County system is a necessity as well. This is in ord er to
assure and maximize the probability that the minimum standards set by the CCP are
maintained throughout the system .
20 I Page
Tl1e Public Safet)' Realig11111ent Act
~A.B 109
Update to 2011 In1plementatio11 Pla11
2013
Col111tv of Fres110
.)
Executive Corrtrriittee of the Couunu.nity Corrections Partnership
Linda Penner~ Chief ProbatioH Offict't·. County of Fresno (Chair)
5heran )lort011, Coun Execut.jye Officer ~ Fre.suo County Superior Court
Sheriff :Margarel )L1m,. County of F'rf'sn.o
Elizabeth Egan. District Att.or1H-~~-County of Frc:mo
Kennt>tl1 Ta11igud1i. Public Defe11 clcr. County of Fresno
Jerry Dyer. Chief. Fresno Police DPpartme nt
Douua Tavlor. Dirf"<.:tor. BehaYiora.l Health. County of Fresno . ' .
. ..
Background
AB 109
The Public Safety Realignment Act
Update to the 2011 Implementation Plan
County of Fresno
2013 ----·----------
On August 19 , 2011, th e 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.
Changes are set to occur in the operation of associated programs in the County of
Fresno under the auspices of AB 109 . The intended development and implementation
of new programs requires an amended and updated plan for Fresno County that has
been de veloped and set for approval by the Community Corrections Partnership (CCP)
on March 15 , 2013.
In the original legislation under AB 109 in 201 1, Section 1230 of th e California Penal
Code wa s amended to read "Ea ch 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 th e implementation of the 2011 public safety
realignment. (b) The plan shall be voted on by an executive committee of each county's
Community Correction s Partnership consisting of the C hief Probation Officer of th e
county as chair. a Chief of Police . th e Sheriff. the Distric t Attorney , the Publi c Defender,
Presiding Judge or his or her designee . and the department repre sentative li sted in
ei the r section 1230 (b) (2) (G),1230 (b) (2) (H ). or 123 0 (b) (2) (J) as designated by the
county board of supervisors for purposes re lated to the development and presentation
of th e plan . (c) The plan shall be deemed accepted by the County Board of Supervisors
unless rej ected by a vote of4/5th s in which case the plan goes back to the Community
Correct ions Partnership for f urther consideration .
Consistent with the leg is lation a nd loca l need s and res ources , the plan is now
undergoing modifications and includes proposals that increase a nd maximize th e
effect ive investment of c riminal ju st ice resourc es in evid e nce -b ased correctional
s anctions and programs for public safety .
In keeping with th e legislation as to reporting changes in county CCP operational plans
and services . this proposal delineates proposed changes and modific ations to the
o rig inal 20 11 plan for the C ounty of Fresno .
Legislative Mandate History
The Fresno County Implementation Plan of 2011 follows the legislative mandates an d
intents as s pecified in th e legislation and identified below . The programs , services and
activi ti es have been built bo th upon the guiding principles stated in the legislation that
controls realignment as well as th e needs identified through the o peration of th e
program locally .
T he Public Safety Realignment Act (Assembly Bili 109) wa s signed into l aw on April 5 .
2011 in the State of California
Several mandated changes took place upon th e implementation of the law on Octobe r
1, 201 1:
(1). AB 109 transferred responsibility for supervising specified lower level inmates and
parolees from the Californ ia Department of Corrections and Rehabilitation to counties .
This population, the Post Release Communi ty Supervision (PRCS } offenders became
eligible for county supervisi o n for a peri o d not t o exceed 3 years . provided by the c ounty
agency designated by that co unty's Board of Supervisors. In Fresno County , th e Fresno
County Probation Depariment has t he designated respon si bil ity for PRCS supe rvi sion.
(2) The definition of s om e felony c rimes wa s revised to in c lude certain crimes that
became puni sh able in jai l fo r 16 mo nth s 2 years , or 3 yP-ars inst ead of state prison.
alth ough some offenses. incl uding se rious. viole nt a nd some sex-offen ses, are exclu ded
and sentences ca n c ontinue to be s erved in state pri son .
(3) Pos t Release Community Su pervision (PRCS) and st ate parole revocations are now
served in lo cal j ails (by law maxim um revocation sen ten ce is up to180 days). with the
exceptio n of paroled 'lifers' who have a revocation term of g rea ter than 30 days. The
Supe rio r Courts through the im ple m en tation of the legislation now hear revocation s of
Po st Release Community S upervision (PRCS), offe nders with th e Board of Paro le
He a rings conducting paro le violation he arings throug h July 1 , 2013 at which time t he
Superior Courts w ill assume responsibil ity for state paro le revoc ations
(4) C hange s to cus tody cred its have occurre d in which jail inmates are n o w able to
e a rn four days of c re dit for e very two d ays served . T ime spent on home de te ntion (1.e ..
el ec tro ni c m onitori ng ) is c redit e d as time spent in j a il c u stod y .
(5) Penal Code Secti o n 1203.018 now authorizes electronic mon ito ring fo r inmates
being held in th e county jail in li e u of baii. Elig ible inm ates must fi rst be held in custody
for 60 days post-a rra ig nm e nt. 30 days for th ose charged with mis de meanor offenses or
the inmate is approp riate for th e program based on a determin at ion by the correc tio n a l
administrator that th e in mate 's participat ion would be consis te nt with the publi c safety
interes t s of the commu ni ty .
(6) Under the authority of the legislation, community based punishment wa s authorized
that allows counties to use a range of community based punishment and intermediate
sanctions other than jail incarceration a lone or traditional routine probation supervisio n
for the identified populations.
Changes to 2011 Implementation Plan
Programs that were approved and fun ded in the original Implementation Plan of 2011
are ongoing . Due to th e additions and changes that have occurred in the operation of
AB 109 programming , the updated plan is required for the Community Corrections
Partnership (CCP) as well as the attendant budget and sa lary resolutions that will be
reviewed by the Fresno County Board of Supervisors following the approval.
Given the influence in the legislation to utiliz e evidence based practices and programs
through a ra ng e of community based seNices and sanctions, and based on a
determination of needs as as certa ined through the operation of the AB 109 Programs
locally, there are se v eral noteworthy additions and modifications to the approved plan .
Cha ng es and additions to the o riginal 2011 plan have been made in the Fresno County
Sheriffs ' Office. Fresno County Probation Department, the Fresno County Department
of Behavioral Health and the Fresno County Department of Public Health .
These changes , additions and modificat ions a re :
• Jail Transition Unit
• Jail Medical Services
• Proba tion Supervision and Referral Services
• Behavioral Hea lth Contracts
• Adult Compliance Team
• Pending Rf P 's for services
On January 22 , 2013, the CCP solicited an~ accepted proposals from inte rested parties
for the addition and expansion of services based o n id e ntified needs and priorities of the
CCP . On February 2 7 , 201 3 additional programs for which proposals had be e n
submitted were selected and will further modify th e operation of local AB 109 s ervice
provis ion .
,___ ___________ F_re_s120 County Sheriffs Office
With th e advent o f AB 109 funding it was anticipated that the F re sno County jail would
reopen 4 32 bed s in th e North Annex Jail whi c h o cc urred on October 1 1 2011 . An
additional floor of the North Annex Jai l with 4 32 be d s opened on Septembe r 1, 2012 .
With the support of CCP funding , this has allowed for the accountability necessary for
the foundation of the public safety services provided through realignment.
Fresno County Jail Operations : New Program T JCU
In Nove mber of 2012 . the Fresno County Sheriffs Office and th e Fresno County
Probation Department were seiected to be part of the national Transition from Jail to
Community Initiative (T JC ). Through the award the agencies have begun a process to
reverse the trend of crimi nal rec idivism in ad ult correctiona l populations Through th e
provision of evidence based planning . the jail committed to develop jail services and
programs that connect t o a continuum of community services designed to enhance
successful integration . T h e T JC project has been in strumental in assisting in the
development of a transition pod proposed and approved under the auspices of AB 109
f unding on February 27. 2013 . Through the collective operation of the probation and
sheriffs departments . the Trans ition from Jail to Community Unit (TJCU) will be opened
in the North Annex Jail housing up to 72 sentenced prisoners and identified through
assessments with commitment times of one year or more . The AC TS Jail Assessment
model will provide both proxy scoring and criminogenic r isk needs score for
prog ra mming . Evidence based transition services will be developed including
e ducation , substance abuse . and comm un ity services . The jail will attempt to develop
clas s and program space and will work with the Community and Custody Resources
Subcommittee of the CCP to encourage community engagement in the proce ss of
building a reentry unit as well as faith based programming . Staff w ill be cross-train ed in
cognitive behavioral programming provide d by probation including Motivational
interviewing and Thinking for a Change . The probation staff w ill additionally case
manage unit offenders and work on the progressive reentry issues includi ng community
transition through program phases .
... ·--· .. ---------·---· ··---··--·-· --·
--··· . __ . __ ··-F resno County Department of Public Health _. ----·-----·
Jail Medical SeN1ces
Following approval of the Implementation Plan 1n 2011 and on September 13. 2011 the
Department of Public Health requested and re cei ved an allocation for medical services .
This was later increased due to a higher level of AB 109 inmates in the jail with an
additionai reserve amount put aside to address future costs . Medical services are
mandated by Title 15, Division I of the California Code of regulations . On February 27 .
201 3 th e CCP authorized additional funding for Jail M edical services due to continuing
increased cos ts in the jail
Although not specifically identified in the original lmpiementation Plan of 2011 , the
provision of medical and mental hea lth services 1s in keeping w ith the full cou rse
treatment aspect of realignment and state mandates for jail medical services .
Fresno County Probation Department L-----------------'-----·--'--------------->
Post Release Community Supervision offenders in the first year of operation totaled
1,581 individuals who were released to the Fresno County Probation Department for
services . Trends noted in the first year of operation and continuing to date are the
appreciably higher number of offenders re ceived versus the number projected to be
released . Another trend in the offending population is the use of alcohol and drugs with
multiple problems related to this substance use, including family conflict , employment,
anti -social behavior and new offenses. The need for mental health services was
immediately apparent in the PRCS population. Some required inpatient level of care .
The probation department opened the AB 109 'one-stop' offender services office or.
Winery Avenue in Fresno California . At that location , AB 109 offenders can meet with
their probation officers, be referred to the Adult Day Reporting Center on campus, drug
test and be referred to needed services there including Workforce Connection .
To address trends in the offending population since the development of the 2011
Implementation Plan the Probation Department has partnered with both the Department
of Behavioral Health for Turning Point of Central California , In c. (T urn ing Point)
treatment serv ices for PRCS offenders and the Fresno County Sheriff's Office for
offender services that will occur both in and out of custody .
Additional Service Provision
Co-located at that location are the mental health and substance a buse services of
Turning Point of Central Californ i a through a contract implemented in 2012 with the
Department of Behavioral Health . Turning Point provides both mental health and
substance use disorder services at their First Street Center. Turning Point provides a
full a rray of s e rvices to includ e, outpatient mental health and substance use disorder
treatment, full services partn e rship services for severely mental ill clients . residential
detoxification and treatment, and sober li ving housing . The contract with Turning Point
was expanded due to the increased need for additional residential beds for offenders .
.-----------------·---------------------
~-----___ F_r_E:_~no County Department of _Be_tiavioral He~!h 1
.
The Implementation Plan of 20 11 stated that, "Central to AB 109 leg islative intent and
critical to the success of the realignment 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 standing
unaddressed substance abuse problems and/or mental health issues that will need to
be considered as th e CCP plan goes forward ... Since the majority of offenders and
incarcerated populations have serious substance abuse problems , many
contemporaneously with mental health issues, treatmen t and appropriate serv ices must
be developed and should be cons idered a c ritical risk reduction strategy ."
Fresno County De partment of Behavioral Health (OBH) was tasked with providing
mental health and substance use disorder services for the PRCS population . DBH
determined these service s 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 California .
Turning Point provides both mental health and substan ce use disorder services at the ir
First Street Center as well as assessments and limited 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 treatm e nt , full services partnership services
for severely mental ill clients , residential treatment . sober living housing . The contact
was expanded on September 11, 2012 due to the increased need for residential and
treatment beds for offenders.
L--------Multi-Agency A~ult Compliance Team
The Fresno County Adult Compliance Team (ACT) became operational in November of
20 11 and presently cons i sts of two Fresno County Probation Officers. one Fresno City
Police Officer, one Clovis City Pol ice Officer, one Fresno County District Attorney
Investigator and one Fresno County Sheriff's Sergeant. This team i s multi-purposed : to
enforce cond it ions of supervis ion : t o n o te trends in the realignment population and to be
able to efficiently respond to issues ; to provide information and d irection for all law
enforcement agencies in the County of Fresno and to be th e point of contact for
d issemination of offender information ; to respond rapidly wi t h knowledge and
information about the offen d ers in such c a se as e me rgen cy situations may arise
stemming from this population as well as the need to mitigate the need for custodial
services .
In the Implementation Plan of 2011 , th e re wa s no provis ion made for overtime and
training co sts . On February 27 , 2 013 the CCP did approve the addition of these costs
to the plan .
6.
------··---· --------------··· -·--··--·--··---------,
Pending Contracts ----------· ------· ---. ··-------. ··-· . -··-·· . --· -----
At the Community Corrections Partnership meeting on February 27 , 2013 the CCP
approved funding for two additional contracts for offender services in keeping with the
in tent of the AB 109 leg islation tha t would c reate , expand and implement community
and agency resources for the offending populations .
Counseling Services
The first allocation wa s for in custody . o ut of c ustod y and pr etrial counseling services .
T he purpose of the con tract is to provide services desi gned to reduce re c id ivism by
targeting behaviors that lead to or continue cr imin al behavior through th e provision of
coun seling services t o identified offenders in the A B 109 population . The contractee
would be expected to provid e services at the jail and through case managed
s upervision , at various locations in the co unty f or bo t h PRCS offenders and AB 109
offenders released from the jail. The program would be developed aro und th e
identified a nd assessed need s of the offender and with th e direction of a probation
office r o r case manager in the jail.
Ho mP.less Offender Services
The nee d s of the homeless offender are broad an d enco mpass many areas . Collectiv e
priorities in our community and l ite ra ture o n evidence base d practices suppo rt th e need
for homeless offe nd e rs th a t do not qualify for mental health and s ubsta nce abuse
consid e ration . The purpose of the con tr act would be to provide services for unm et
needs for those being re leased fr om p ri son (PRCS) the tran sition p o d at th e jail
inc luding transi ti ona l residential h o using . tnose who b ecom e homeless whil e und er th e
s upervision of th e probation depa rtment and th ose offenders w ho co uld qualify for pre -
trial re lease with a requisite resid e nce re quiremen t. In additional se rv ices designed to
divert offenders from th e cycle of in ca rceration and homelessness through su pportive
and eviden ce based p rogra ming in conjunction with tran siti o na l housing with homeiess
participants w o uld be a requis ite part of th e prog ram .
Employment Assistance
In addition t o the above newly approve d Request fo r P roposals, the Community
Correcti ons Partnership has a uthorized a shift in d edicat ed monies to an expa ns ion of
services for job training and ass is t ance fo r th e AB 109 p opulation . A contract t o
add ress and expand job training would allow fo r on-site assistance at the 'one-stop'
center for offenders to coincide with oth er needed services . T he purpose of the con t ract
would be to provide empl oym e nt se rvi ces for offenders that h ave little t o no work
expe rie nce, have d ifficulty k eeping a job. assist with workplace technology and
coun seling services in c luding substance abuse education and social work services that
focu s on job re tenti on .
7
___ D_is_c_u.ssion of Program Operations S_in_c_e_2_0_1_1 ________ ~
Pretrial Services Program
The Fresno County Probation Pre Trial Services program became operational in
September, 2012 . At the present time, over 300 offenders have been referred for
services based on the Pre Trial Virgin i a Mod e l of Assessment (VMI ) with supervision
services that include GPS monitoring and tracking . Assessment services (STRONG )
are also being completed on AB 109 supervised offenders as identified in the
Implementation Plan .
Automated Voice Calling <AVC)
The evidence based practice shown to be effective in court processing of offenders is
the automated telephonic 'reminder' service . as discussed in the original implementation
plan , became operational in July 2012 . Automated calls to defendant's homes
providing a court hearing notice as provided by In Touch have attempted over 44 , 000
automated vo ice contacts (AVC) to defen dants in Fresno County Courts .
Sub-Committees to the Com munity Corrections Partnership
In the Implem entat ion Plan of 2011, one treatment oriented subcommittee was identified
tor support of the AB 109 plan . Since t hat time . subcommittees have been formed that
focus on the specialized community and offende r issues of AB 109 as well as provide
collaboration, information and assistance to the CCP.
These standing committees are : F iscal Review and Audit; Community and Custody
Resources : V ictim/Mandates: Incarcerat ion and Ca pacity ; Technology; Courts;
Research and Evaluation ; and the Adult Compliance Team Rev iew Committee. The
committee m e mbers are present at each CCP meeting and report out on work that has
been accomplished in the interim be tween CCP meetings or on specialized tasks at the
di rection of the CCP .
Data Collection
The firm of Owen Research and Evaluation (OR E) was hired by the CCP through
c o ntractual agreement to provide the CCP evaluative services as required and
approved in the AB 109 Implementation Plan for Fre sno County. The overall focus of
activity has been to create an objective and evidence based evaluation and quality
assurance plan for the county . ORE continues the process and is in the development of
a n analytic report to compare descriptive data to outcomes which will completed once
the fil ing data for the county is fi nalized .
Additional objectives are to assess the effectiveness of the county's implementation
plan and th e impact on public sa fety of released offenders from state prison to the
supervision and custody of Fresno Cou nty: to review the program s as selected and
implemented for the most efficient and effective outcomes and to provide information to
th e CCP that w ill assist in informed decision making .
Status of Implementation Plan Programs : 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 . One service for client referral in ·real
time· for treatment providers as discussed in the implementation plan was not
implemented due to technology issues.
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 c riminal victimization and increased
public safety.
9
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -znd Update
County of Fresno
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
I Sheran Morton, Court Executive Offic er. 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 Pol ice, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
The plan continues to undergo modifications to increase and maximize the effective
inv~stment of criminal justice resources in evidence-based correctional sanctions and
programs for public safety. In keeping with the legislation as to reporting changes in
county CCP operational plans and 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 presentatio ns 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 i n Criminal Justice in California, the need to collect
local data at the County level that is co nsistent, 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 real ignment: a data manager and a data collector.
Two Fresno County approved corresponding posit io ns have been identified; an
Information Technology Analyst and a Program Techn ician .
Data continues to be need ed 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 th ese systems coordinating with each other would be
3I Pa g e
excel data sheets that allow merging based on unique identifiers for the use of all data
reporting requests and agency needs .
The da ta manager will be responsible for collaborating with research partners and
justice agencies to identify and develop data set requ irements , contents and schedules .
The data manager would work with both County and cont ract 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 .
Qual ifications 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 Sher iffs Office
Jail Records Positions
With the implementation of AB 109 locally, there was a sign ificant increase in long-term
commitments and with them , an influx of legal and judicial documents . The Jail is now
the custodian of records for all AB 109 commitments. Processing the commitment
packets that are forwarded by the court requires cons istency 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 perfonn 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 Commun ity Corrections Partnership approved funding for 4 Program Technician
pos itions. The position s 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 .
Pending Requests for Proposals (RFPs)
At the Community Corrections Partnership meeting on October 15, 2013 the CCP
approved funding for two additional contracts for offender services in keeping with the
intent of the AB 109 legislation that would create , expand and implement community
and agency resources for the offending populations .
Domestic Violence Services
The first allocation was for in custody, out of custody and pretrial counseling services for
identified offenders. The purpose of a contract would be to provide holistic counseling
services designed to reduce targeting individual behavior of offenders and services to
family members that would reduce rec increase offenders' chances of success in the
community as well as improve family functionality . The contractee would be expected
to provide services at the jail and through case managed supervision, at 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 rehabilitat ion .
T he purpose of the contract would be to provide employability services for offenders
that have little to no work experience , have difficulty keeping a job, assi st 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 focu s of
activity has been to create an objective and evidence based evaluation and quality
assurance plan for the county. In add ition , 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 i n October of 2013 and is available on the Fresno County Probation website .
Attachment "A"
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -3 rct Update
County of Fresno
Executive Committee of the Community Corrections Partnership
Ri ck Ch avez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno Co un ty Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorn ey, County of Fresno
Elizabeth Di az, Public Defender, County of Fresno
Jerry Dy e r, Chief of Police , City of Fresno
Dawan Utecht, Director, Behavi oral Health, Cou n ty of Fresno
; AB 109
! The Public Safety Realignment Act
I 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 Ca lifornia Penal
Code was amended to read "Each county local Community Corrections Partnership
established purs uant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. 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, th e Sheriff, t he 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 . res idential multiservice centers . mental health treatment program s, electronic
and Global Positioning System (GPS) monitoring programs, victim restitution programs,
co unseling 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 Assem bly Bill (AB)
117. On that date, the Implem e ntation Plan and the associated budget and resolutions
were approved . Th e Plan has been operatio nal since that time .
Modifications to 2011 Plan
Due to the nee d 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
res olutions 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 re solutions approved in
January 20 14.
21P age
The plan continues to undergo modifications to increase and maximize the effective
investment of criminal justice resources in evidence-based correctional sanctions and
programs for public safety. In keeping with the legislation as to reporting changes in
county CCP operational plans and services, this third update to the original plan
delineates changes and modifications to the original 2011 plan for the County of Fresno
with funding allocations by the CCP on October 1, 2014 .
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing and or expanded. Due to the additions and changes that have occurred in
the operation of AB 109 programming , a third update to the plan is required for the
Community Corrections Partnership {CCP ) as well as the attendant budget and salary
resolutions that will be reviewed by the Fresno County Board of Supervisors following
CCP approval.
Based on a determination of needs as ascertained through the operation of the AB 109
programs locally, and on the presentations made to the Community Coirections
Partnership, the re are several noteworthy additions and modifications to the 2011
approved plan .
Fresno County Sheriffs Office
IT Support Position
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 position which was
approved to provide c ustom application development to integrate jail program services
data and customize report programming . The Community Corrections Partnership has
allocated $98,011 for this position .
Pending Additional ~~tions/Requests for Proposals __ {_R_F_P_s~) ______ J
The Community Corrections Partnership approved funding to move forward with
Requests for Proposals for additional contracts for offender services in keeping with the
intent of the AB 109 legislation . These allocations create , expand and implement
community and agency resources for the identifie<:I populations.
Domestic Violence Services
The purpose of the contract would be to provide both batterers intervention treatment
and holistic counseling services for offenders and fam ily members that would redu ce
recidivism and increase offenders ' chances of success in the community as well as
improve family functionality . The services could include parenting and anger
management classes as well as individual counseling. The contractee would be
llPag e
expected to provide services through case managed su pervision, at various locations in
the county for both Post Release Community Supervision (PRCS) and AB 109
offenders released from the jail. Toe program would be developed around the
identified and assessed needs of offenders and with the direction of either a probation
officer or case manager in the jail. The Community Corrections Partnership has
allocated approximately $203,725 for this RFP . Funding for these services was also
approved as part of the CCP pla n -2nd update . However, implementation required
further refinement of the services , which has been identified and will be included in the
proposal.
Adult Compliance Team (ACT)
Two additional law enforcement officers were funded to be added to the team to include
law enforcement agencies from county locations not presently participating on the Adult
Compliance Team . The cost approved for the addition of the two law enforcement
officers is $283,000 per year.
In addition, funding was expanded to provide additional tra ining for officer safety, team
tactics, and training on current criminal behavioral trends . Funding was increased-for
training by $15,000 per year.
Re-entry Services
The Community Corrections Partnership allocated funding for the development of
behavioral modification programs and behavioral cognitive therap ies to address criminal
thinking and de-institutionalizing habits and mindsets of offenders to be delivered in
both case managed services in th e community and at the jail for realigned populations .
This program will provide an array of workforce development services geared to
increase skills acquisition and improve the chances of successful employment
outcomes. In addition, the program w ill target employers that have been locally
determined as high-growth and high-demand in order to create opportunities for self-
sufficiency and ca reer advancement for the "hardest to employ" population . The CCP
allocated $276,g44 for an RFP for services . Funding for employment services was also
approved as part of the CCP plan -2nd update . However, implementation required
further refin ement of th e services, which has been identified and will be included in the
proposal.
Status of Implementation Plan Programs: November 2014
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for implementation have be e n or are being implemented and the
overall tenure and direction of the CCP has been accomplished . Under the guise of
both accountability and evidence-based practices and principles consistent with public
safety, programs identified for initial implementations have been enacted.
Since inception, the direction and goal of the Fresno County Community Corrections
Partnership as established under AB 109, has been th e successful 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 add iti ons to the Fresno County AB 109 operational plan
serve the needs of the co unty. The Community Corrections Partnership of Fresno
County is committed to philosophical and operational programs necessary to reduce the
crime and recidivism while promoting a red uction in criminal vict imization and increased
public safety.
SI Page
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
.0e,f.0FJ>/.
o" ~ C. . .. :0 . \. . ~. ~-
~.Sito, e .. "'
i u
·-----·--·---·--·-·--·--·-··-·····-------------···-·············--·············-·-······----··------------·--·---,
AB 109 I
The Public Safety Realignment Act 1
Fourth Update to the 2011 Implementation Plan i
County of Fresno i.·
November 2015 ~----------··-··-·----------·· --------------------------···--········-····---·-···-·-········· ... -------------·-···········-····-·----------------------------!
Background
In the original legislation under AB 109 in 2011, Section 1230.1 of th e 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 2 011 . On September 13 , 2011 the CCP placed th e
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 th e 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 th e CCP on November 14 , 2014 and by
the Board of Supervisors on Dece mbe r 2 , 2014.
21 Page
Modifications to the plan will continue to be needed t o increase and maximi ze the
effective investment of criminal justice resources in evidence-based correctional
sanctions and programs for public sa fety . 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 November 6 , 2015 .
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing and or expanded . Due to a modification that has occurred in the operation
of AB 109 programming, a fourth update to th e pl a n 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 Impleme ntation Plan set a supervision ratio of one deputy probation officer
per 50 offenders. Th is plan update increas es the s upervision ratio of one dep uty
probation officer to 35 offenders for designated specialized case loads including
domes ti c violence , sex offender and mental health . Based on experience with these
three designated case loads, they require enhanced supervision levels above the
general AB 109 caseloads. T he general caseloads will re main 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 implemen ted and th e
overall tenure and direction of the CCP has been accomp li s hed. Programs id e ntifi ed f or
initial implementation have be en enacted in accordance with e v idence based practi ces
and prin ci ples co nsi sten t with public safety.
Since inception, th e direction and goal of the Fresno County Community Corrections
Partnership as establi s hed under AB 109, has been th e successful implementation of
th e leg islation with the consideration of the uniqu e local issues that may impact offender
achievements a nd public sa fety. A balanced approach has been struck that affords
offender accountability with the de velopment of community corrections fitting the needs
3I Pag e
a ,1Li identified correctional issues of this county . The new modification to the Fresno
County AB 109 operational 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 Ut echt, Director, Behavioral Health, County of Fresno
I
I
I
I
··-----·---
AB 109
The Public Safety Realignment Act
Fifth Update to the 2011 Implementation Plan
County of Fresno I September 2017 ·-···-----·--------'
Background
In the original legislation under AB 109 in 2011, Sectio n 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 Co unty 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 cou nty 's
Community Corrections Partnership consisti ng of the Chief Probation Officer of the
co unty 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 th e plan may include recommendations
to maximize the effecti ve investment of criminal justice re so urces in evid e nced -based
correctional sa nctions and program including, but not limited to : day report centers , drug
courts, res id ential multise rvic e centers, me nta l hea lth trea tm e nt programs, electronic
and GPS monitoring programs, vi ctim restitutions programs, counseling programs ,
co mmunity service programs , educational programs and work training programs.
On August 19 , 2011 , the Fresno Co unty Commu nity Corrections Partnership (CCP)
Exec utive Committee approved th e Public Safety Realignment Act , As·sembly Bill (AB)
109 Implementation Plan for 2011 . On September 13 , 2011 , the CCP placed the
Impl eme ntation Plan and associated Budget and Salary Resolutions on th e Fresno
County Board of Supervisors agenda for approval pursuant to Assembly Bill (AB) 117.
On that date , the Imple mentation Plan and th e associated budget and resolutions were
approved. The Plan has been operational since that time .
Modifications to 2011 Plan
Due to th e need for modifications of the original plan, in March 2013 , the first amended
plan was approved by th e CCP and the updated plan and associated budget and sa lary
resolutions were placed on the Board of Supervisors agenda and approved in April
2013. In October 2013, th e second amended plan was approved by th e CCP, placed
on the Board of Supervisors agenda with th e associated budget and salary resolutions,
and approved in January 2014. The third amendment and associated budget and
sa lary re so lutions was approved by th e CCP on Nove mb er 14 , 2014 and by th e Board
of Supervisors on December 2, 20 14 . 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 le gislation 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 ca tegory ha s 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 Co unty 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 vicin ity are
occurring more often. Wh en there is a ne ed for a Deputy Sheriff to respond to these
ca lls in the jail and Courthouse Park, that Deputy is pulled from the current complemen t
of field patrol units . The nature of a call to th e jail many times results in having
numero us interviews , which removes that Deputy's availability to answer and fill other
calls for service many time s taking that Deputy out of the field for an e ntire shift.
The plan is to field a patrol sh ift whose respon si bility will be to respond and investigate
calls for service in the area of County responsibility in and around Courthouse Park
including the jail.
3I Page
Th 8 total full time equivalent is five (5) Deputy Sheriffs who will fill this patrol area 24/7
3G5 days a year.
Fresno County District Attorney-Public Administrator and Public Defender
Defender Misdemeanor Offender Accountability and Rehabilitation Program
Establishes a Misdemeanor Offender Accountability and Rehabilitation Program. In
Fresno County , a majority of the criminal cases filed are misdemeanor cases . In 2016 ,
22 ,974 misdemeanor cases were filed , compared to 7 ,308 felony cases . Subsequent to
Propositions (Prop) 47 , which reclassified many nonviolent offenses from felonies to
misdemeanors, and Prop 64 (Adult Use of Marijuana Act), a higher number of AB 109
offenders are now in the Misdemeanor Courts . Additional staff will allow both the
District Attorney-Public Administrator and Public Defender to properly handle the cases
and access the needs of the offenders . Additional staff will allow both Departments to
spend more time on each case and with each offender. The Attorneys who deal with
these offenders firsthand in court will be able to access what issues they may have and
assist the Court to get them into appropriate service s .
Public Defender
Social Worker Unit
To remain consistent with the goal of reducing crime and recidivism , the Public
Defender is adding two full-time Social Workers to create a Social Worker Unit to
provide complete and holistic client representation . The Social Worker Unit will support
clients to effect change in their lives and environments in ways promoting self-
responsibility and reducing recidivism .
Under the direction of a Defense Attorney, the Social Workers will 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 wh ile 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 servi ces 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 . Th e Social Workers in this Un it will also
41 P a g e
support clients in finding housing/employment/education/training to successfully
complete all probation and court-ordered terms/conditions .
Fresno Police Department
Multi-Agency 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.
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Status of Implementation Plan Programs: Novem ber, 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 th e guise of both accountabili ty
and evidence based practice s 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 id entified correctional issues of this county .
The new modifications and additions to th e 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
publi c safety.
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AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
September 2017
OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriff's Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
Exhibit B
I. PURPOSE
This document establishes the purpose of th e Adult Compliance Team (ACT) as a joint and
cooperative effort. Additionally, it formalize s relationships between participating agencies for
policy and planning in order to crea t e a co operative unit capable of addressing the public safety
concerns and issues facing local law enforcement in Fresno County regarding probation, po st
release community supervision (PRCS), and mandatory supervised relea se that m ay occur due to
th e passage of the Crimina l Justice Realignment Act (AB 109} effective October 1, 2011.
II. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure offender
accountability, surveillance, and supervi sion through mobile, intensi ve and evidence ba se d
practices leading to enhanced public sa fety and offend er compliance.
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Ill. GOALS
A. To reduce the occurre nce of new criminal acts by targeting offe nd ers on
probation, post re lea se community supervision, and mandatory supervise d
release with inten sive surveillance by peace officers dedicated to enforcement of
conditions of release.
B. To identify supervised offenders who are not meeting the ir conditions of relea se
in order to ensure compliance .
C. To mitigate the need for custodial sanctions through appropriate early
interventions.
D. To document trends in the realignment population and respond efficiently to
emerging trends that adverse ly affect public safety.
E. To gather, coll ec t, and provide information and direc tion r eg arding the post
release 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 response s including searches as authorized by th e
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 describe 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 re l ease by the Fresno County Probation Department.
To this 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 responsibility 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 Department; one (1) sergeant from the Fresno County
Sheriff's Department; two (2) deputies from the Fresno County Sheriff's Department; two (2)
senior district attorney investigators from the Fresno County District Attorney's Office; one (1)
sergeant from the Fresno Police Department; three (3) police officers from the Fresno 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 the 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 personnel 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 welcome to attend the meetings of the ACT Advisory Sub-committee.
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App ointments to and r emoval from the ACT Advisory Sub-Committee and appointment of a Su b-
Committee Chairperso n w ill be made by the CCP Exec utive Co mmittee.
C. Op era tion s Commander
The Probation Services Manager i s th e Operati ons Commander and has overall re sponsibility for
the operation of ACT. The Operations Comm ander implements d irection to the team under the
administrative d i rectio n of the Fresno County Probation Department's Realignment Division
Director. Th e Op e rations Comma nd er will liai son with individ ual members of the ACT Advisory
Sub-Committee, and will attend meetings of the CCP as required.
D. Field Supervisor
Th e assigned Fi e ld Superviso r(s) will be the day-to-day operations supervisor(s) and re sponsib l e
for overall coo rdination of t actical fi eld ope rati o ns. When ACT works as separate elements and
both superviso r s are working, each sup ervisor w ill be responsible for their assigned element.
When only one supervisor is on duty, t h at sup e rviso r will be responsib le for the supervision of
both elements.
E. Probation Department
All probation conditions and release compliance remains the responsib ility of th e AB 109
probation officer assigned to a specific offe nd er . Th ese conditions are predetermined before
r el ease from custody to prob ation, post release commu nity supervision or mandatory supervised
r elea se. Th e offenders will be unde r the supe rvi sio n of their assigne d probation office r or ACT
probation officer.
VI. OPERATIONS
A. Supervi sio n and Field Responsibility
Th e use of surveillan ce, supervi sion, and field co ntact s will be established in conjunction with
Fresno Co unty Probation Department policies and as esta bli shed by th e CCP Executive
Committee, ACT Advisory Sub-Committee, and policies an d procedures of general law
enforcement acce pte d practices as esta blish ed by st atute and case law.
B. Records and Re ports
All r eports cr ea t ed by ACT r e lat ed t o contacts with those offenders under probation supervision,
post rel eas e community supervision, a nd mandatory supe rv i sed release will be entered into the
Probation Re cords Inform ati o n Management System (PRIMS). All agencies participating on the
ACT will have full access to Sh arenet and the information i n PR IMS. Infor mation sharing with
other law enforcement agencies regardin g offenders under probation supervision, post release
community sup ervisi on, and mandatory supervised r e lease allowi ng for appropriate law
enforcement r es pon se i s a p riorit y for ACT.
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Any additional crime, arrest, or incident report will be documented by the primary in vestigative
officer through the use of their own departmental r eport writing system.
VII. ADMINISTRATION
A. Financial Administration
Financial ad mini stration of ACT funds allocated by the CCP Executive Committee will be the
r es J?on sibility of the Fresno County Probation Departm ent Business Office thro ugh the du r ation
ofthe program. In addition, the allocation and manag em ent of fund s are guided by Fresno County
Fiscal Policy and under th e r ev i ew quarterly of th e CCP Fin ance and Audit Sub-committee for
presentation to the CCP .
B. Vehicle s
As provided for in th e approved Fiscal Year 2017-2018 CCP budget, vehicles will be provided for
probation sta ff and for participating law enfo r cement officers as specified in the fi na l approved
budget of the CCP and Fresno County, for use in executing the mission of ACT.
C. Communications
Each participating law e nforceme nt agency will provide co mmunica tions equ ipment for its own
personn el 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. Th e Fr esno Co unty Sheriff's Dispatch will be the prim ary
contact for operations of ACT.
D. Fir earms
Each participating agency will provide all necessary firea rm s for its own personnel through the
duration of the OA. The policies and procedures of eac h agency will govern the use of firearms
by its own personnel.
E. Equipment and Property
Any property, equipment or othe r items acq uired 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 r evis ion, the property of ACT shall be distributed as determined by the CCP Execu t ive
Committee.
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F. Tra in ing
ACT Officers will co mpl et e training as assigned and approved by the ACT Advisory Sub-Comm ittee
chairperson or their des igne e. Tr ain ing for the t eam will be outlined during the fiscal year to
r efl ec t the ne eds of the team. The Probation Divi sio n Director may also assign tra ining to the ACT
members as it pertains t o the Evidence Ba se d Practices outlined by the AB 109 program .
G. Perso nnel M anagement
Th e se lection of ACT membe rs will be made by ea ch participating agency. If any of the ACT
pol ~cies and procedure s con fl ic t with any of the participating agencies ' policies and procedures,
notice of said conflict sh all be immed iately give n to a sup ervisor. The supe rvisor will take
whateve r action necessa ry t o r eco ncil e the conflict.
Each participating age ncy r eta ins full re sponsibility for the professional and personal conduct of
its own per so nn e l ass igne d t o ACT. Each participating agency will follow their agency
directives/MOU for workin g modified sc hedu les.
V III. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and proced ures as well as policies
and procedures that may be r equired by participation in ACT.
There are a number of catego r ies of administrative issues or si tuations pertaining to individual
t eam members which wi ll or may ar i se . Those in clude but ar e not limited to:
a) Citizen Compl aints
b) Employee Evaluations
c) On-Duty Motor Vehicle Accidents
d) Injuries Sustained on Duty
e) Officer-Involved Shootin g
f) Di sc harge of Firearm
g) Vehicle Pursuits
h) Us e of Forc e
Each participating team member's agency ha s in place an administrative process for addressing
the situations li sted above. Sho uld these situ at ions occur, ACT will immediate ly notify the
involved officer's agency. It w ill remain the respon sibility of the involved officer's agency to
address those situat io ns pursuant to their own ad m in istra tive process . All agencies invo lved in a
critica l incident w ill have the opportunity to obse rve other agency inter views with their own
emp loyees.
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IX. DURATION
The term of this OA will be from September 15, 2017 through June 30, 2018. Participation in ACT
by any participating agency may continue as funding provides or until said agency terminates
participation in ACT. An agency sha ll t erminate participation i n the following manner: delivery of
written notice to the Chairp erso n of the CCP Executive Committee and to all other participation
agencies, with termination to be effective 60 days after delivery.
X. TERM OF AGREEMENT
As to each participating agency, this OA wil l be in force from the date that agency signs the
agreement. Termination of the OA has been provided for above.
XI. AMENDMENT
Any member of the ACT Adv iso ry Sub -Commi ttee may propose an amendment to this OA by
subm itting it at any regular meeting of the ACT Advisory Sub-Committee. The proposed
amendment would be submitted to the Executive Committee of the Communi ty Corrections
partnership for their considera tion and approval.
XI I. LI AB ILITY
Each participating age ncy will be so lely responsible for any and all damages, including attorney's
fees, r es ults from acts or omissions of its own employees including ACT ass igned employee. Each
participating agency sha ll ind em nify and hold harmless each other participating agency for said
acts or omissions. The provisions contained herein include any violation of applicable law,
ordinance, regulation or rule, including where the claim, loss, damage, charge or expense was
caused by deliberate, willful or crimin al acts of any agency, or any of its agents, officers or
employees in its or their performance thereunder.
It is the intent of the parties hereto that, where negligenc e is determined to have been
contributory, principles of comparative negligence will be followed and each party shall bear the
proportionate cost of any loss, damage, expense, and l iability attributabl e to that party's
negligence.
The participating agencies will estab lish procedures to notify the other agencies where
appropriate of any claims, administrative actions or lega l actions with respect to any of th e
matter described in this indemnification provision . The agencies shall cooperate in the defense
of such actions brought by others with respect to the matters covered in this agreement. Nothing
set forth in this OA shall estab lish a standard of care for, or create any legal rights in, any person
not a party to this OA.
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XIII. NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of
any subsequent breach, of eithe r 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 juris diction to be
invalid, the remainder of thi s OA will remain in full force and effect.
XV. AMBIGUITY
The participating agencies have each carefully reviewed this OA and have agreed to each t erm 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 governe d by the laws of the State of
California, and where applicable, by federal law. The participating agencies agree to submit any
di sputes arising under this OA to a court of competent jurisdiction located in Fresno, California .
XVII. INTEGRATION
The OA embodies the e ntire agreement of the participating agencies in relation to the formation
and operation of ACT, except for "Program Cost s." Exce pt for that, there is no other agreement
or understanding, verbal or otherwise, existing among the participating agencies.
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