HomeMy WebLinkAboutAgreement A-22-110 with Superior Court.pdf Agreement No. 22-110
1 Agreement between
2 Superior Court of California, and County of Fresno
3
for the Pretrial Services Expansion Program
4
THIS AGREEMENT ("Agreement") is made and entered into this 22nd day of
5 March
2022, by and between the COUNTY OF FRESNO, a political subdivision of
6 the State of California ("County"), and the SUPERIOR COURT OF CALIFORNIA, COUNTY OF
7 FRESNO, whose address is 1100 Van Ness, Fresno, California 93721 ("Court") for services to
8 be provided by the Fresno County Probation Department ("Probation").
9 WHEREAS, the Court shall receive funding from the Judicial Council of California
("Judicial Council")for the Pretrial Services Expansion Program ("Program"), pursuant to SB 129
10
of the Budget Act of 2021;
11 WHEREAS, the Court desires to contract with the County for pre-arraignment and
12 pretrial risk assessments to be performed by Probation on individuals booked into the County's
13 jail ("individuals"), and for Probation's monitoring of individuals released on Pretrial ("Pretrial
14 Services"), as authorized by SB 129 for Pretrial Release Program Funding;
WHEREAS, Probation has experienced and qualified staff, and contracts with service
15 providers capable of delivering Pretrial Services to eligible individuals; and
16 THEREFORE, Court and County desire to enter this Agreement for the provision of
17 Pretrial Services under the following terms and conditions:
18 1. PURPOSE AND INTENT: To enable County, through Probation, to provide an
expansion of Pretrial Services.
19
2. GOALS OF THE PROGRAM:
20 a. Increase the safe and efficient pre-arraignment and pretrial release of
21 individuals booked into jail by expanding own recognizance and/or
22 monitored release;
23 b. Monitor individuals released pre-arraignment and pretrial with the least
restrictive interventions and practices necessary to enhance public safety
24
and return to court;
25 c. Expand the use and validation of pretrial risk assessment tools that make
26 their factors, weights, and studies publicly available; and
27
28 1
I d. Assess any disparate impact or bias that may result from the
2 implementation of these tools to better understand and reduce biases
3 based on race, ethnicity, and gender in pretrial release decision-making.
3. COUNTY RESPONSIBILITIES: County shall perform the following services
4
through its Pretrial Services Unit:
5 a. Conduct assessments utilizing the Public Safety Assessment (PSA) tool,
6 to evaluate individuals who remain in custody, and do not meet the
7 exclusionary criteria to be assessed for release at Arraignment or who
8 were referred by the Court. For those individuals who are detained
pending arraignment or referred by the Court, a Pretrial
9 Assessment/Report will be completed and electronically filed (E-file)with
10 the Court. (See Exhibit C for Exclusionary Criteria, which is attached and
11 incorporated by this reference.)
12 b. Provide afterhours/standby services for active monitoring and enhanced
response of high-risk individuals. Active monitoring will include 24-hour
13
notice and reporting by Global Positioning System (GPS) vendor to "on-
14 call /standby" probation staff regarding issues with monitoring, i.e., victim
15 zone technical violations, out of range, tampers, low batteries, and law
16 enforcement contacts/arrests. Probation staff will respond accordingly to
17 issues including, but not limited to: communication with Pretrial monitoring
defendant, problem solving, field response, coordination with local
18
jurisdictional law enforcement for support, least restrictive correction to
19 remain on Pretrial, and last alternative return to custody for resetting of
20 bail.This will be phased in over a three-year period working up to 24 hours
21 per day, seven days a week for up to 50 individuals.
22
c. Coordinate and modify MOU with the Fresno County Adult Compliance
Team (ACT) for support of the active monitoring component of high-risk
23
Pretrial individuals and enhanced field response to support Probation staff
24 with corrective action related to technical issues/violations during after-
25 hours and weekends. This will require on call support for a coordinated
26 response.
27 d. Explore viable options for the existing program operations in three phases
over a three-year period to a potential maximum of 24 hours per day,
28 2
I seven days per week. Probation shall provide dedicated staffing to
2 perform pre-release services for the after-hours judicial officer. This
3 includes adding the following staff: two Assistant Deputy Chief Probation
Officers —one over operations and one to act as a liaison with the Court,
4
three Deputy Probation Officer (DPO) IVs, two Probation Technicians,
5 one Program Technician, and one Office Assistant, as provided in Exhibit
6 A— Budget to this Agreement.
7 e. Upon agreed expansion phases with Court, and feasibility, contact
8 assigned judges to review for pre-arraignment release.
i. The Pretrial staff will provide to the judicial officer the results of the
9
PSA.
10 ii. Protocols and procedures will be developed with Court, Sheriff,
11 and Probation staff to implement pre-arraignment releases that
12 promote community safety.
iii. A mutually agreed offense criteria and scoring matrix with the
13
Court will be established.
14 iv. For individuals who remain detained and are subsequently
15 charged by the District Attorney's office, Pretrial Services will
16 complete a PSA, and will provide the Court with a Pretrial
17 Assessment/Report.
f. Make referrals to pretrial treatment programs and services without cost to
18
Pretrial defendant (voluntary services/programs), including:
19 i. Day Reporting Center- Life skills and coping mechanisms
20 needed to successfully reintegrate into their communities and
21 reduce the likelihood of returning to the criminal justice system.
22
ii. GPS /Alcohol monitoring
iii. Substance Use Disorder/ Co-Occurring Mental Health Services
23 —Assessment, Outpatient, detox, and In-patient treatment
24 iv. Transitional Housing Services for homeless offenders
25 v. Building Trade and certification cohorts for offender job skill
26 enhancement and job placement
27 vi. Re-entry employment readiness and Job Placement Services for
offenders
28 3
I vii. Parenting program, 14-session parenting education program that
2 provides tools and skills for parents to learn how to nurture their
children.
3
viii. Full-Service Partnership (FSP) for offenders with mental health
4
issues including, therapy, medication facilitation, and housing
5 ix. Bus pass transportation resources
6 x. Text remind and electronic communication via the Probation
7 Electronic Reporting System (PERS) or other text remind
8 program/service
A. Step down monitoring for defendants in compliance
9 xii. Thinking for a Change (T4C) cognitive behavior change classes
10 xiii. Any other community-based program or service i.e., foodbank,
11 Catholic Charities, West Fresno Family Resource Center,
12 Department of Social Services (Medi-Cal, food support
programs)
13
g. Make electronic monitoring available for individuals released on a Level
14 3 monitoring level according to the Fresno County Release Matrix, as
15 provided in Exhibit B, or as ordered by the Court. This includes individuals
16 who are ordered by a Judicial Officer to be placed on GPS monitoring
17 overriding the monitoring matrix recommendation.
h. Make GPS and alcohol monitoring devices available for individuals who
18
require monitoring.
19 i. Participate in collaborative meetings with justice partners to implement
20 the expansion of Pretrial Services. Probation Court Liaison will facilitate
21 communication, meetings, data reports, and quarterly Judicial Council
22
report with input recommendations to the Court. A minimum of one
meeting per month, however, during implementation phase, bi-weekly
23
meetings will be scheduled or until mutually agreed by Court and
24 Probation.
25 j. Send Probation representatives to attend relevant training regarding
26 pretrial services to increase knowledge and new services or programming
27 to enhance County pretrial services.
28 4
I k. Build a pretrial data dashboard with ad hoc reports into Probation's
2 Probation Record Information Management System (PRIMS) case
3 management system in collaboration with justice partners i.e., Fresno
County Sheriff and Court. The new PRIMS dashboard will provide data
4
for analysis by Fresno State and the Judicial Council reporting. The
5 dashboard will include pretrial data elements agreed upon by the three
6 collaborating parties. The project timelines will also be agreed upon by
7 the collaborating parties based on factors such as hiring of additional
8 technology developers, the use of vendor contracted services, and
additional technology equipment needs.
9 I. Establish a contract with a vendor for services of verification of financial
10 information pursuant to the ability to pay, as addressed in the In re
11 Humphrey decision. County shall initiate RFP/RFQ within one month of
12 execution of this Agreement.
m. Obtain current cellular phone numbers and e-mail addresses from PRIMS.
13
n. Certify, in good faith, that by signing this Agreement, no supplanting of
14 nonfederal state or county funds will occur.
15 4. COURT RESPONSIBILITIES. Court shall perform the following services:
16 a. Manage data reporting requirements under the terms of SB 129 funding
17 allocations, and provide reports to the Judicial Council.
b. Provide electronic transmission of court orders.
18
c. Compensate County for costs incurred in relation to the expansion of the
19 Program pursuant to Exhibit A - Budget. Court shall have discretion to
20 reimburse County for costs incurred above County's Judicial Council
21 allocation, as provided in Exhibit A.
22
d. Research the efficiency of adding a judicial officer to allow for expansion
of the Program in a phased approach based on data and booking trends.
23 Court can access the necessary pretrial data through the dashboard,
24 which will be built in collaboration with Justice Partners as provided under
25 item K. County's responsibilities.
26 e. Participate in collaborative meetings with Probation Liaison for
27 implementation of expansion, ongoing planning and data/reports.
28 5
I f. Send representatives to attend relevant training regarding Pretrial
2 Services.
3 g. Certify, in good faith, that by signing this Agreement, no supplanting of
nonfederal state, or county funds will occur.
4
5. MUTUAL RESPONSIBILITIES.
5 a. Court and County agree that they will establish mutually satisfactory
6 methods for the exchange of such information as may be necessary, in
7 order that each party may perform its duties and functions under this
8 Agreement, and appropriate procedures to ensure all information is
safeguarded from improper disclosure in accordance with applicable state
9 and federal laws and regulations.
10 b. Court and County agree they will provide necessary data, as required in
11 the reporting guidelines of SB 129.
12 c. Court and County agree they will establish mutually satisfactory methods
for problem resolution at the lowest possible level, with a procedure to
13
mobilize problem resolution up through Court's and Probation's mutual
14 chain of command, as deemed necessary.
15 6. GENERAL TERMS.
16 a. Term - This Agreement shall be effective July 1, 2021, through and
17 including June 30, 2022. This Agreement may be extended for two (2)
additional consecutive twelve (12) month periods upon written approval
18
of both parties no later than thirty (30) days prior to the first day of the
19 next twelve (12) month extension period. The Chief Probation Officer or
20 his or her designee is authorized to execute such written approval on
21 behalf of the County.
22
b. Termination - Each party has the right to terminate this Agreement upon
60 days' prior written notice to the other party.
23
c. Alteration of Terms - It is mutually agreed that this Agreement may be
24 modified or amended only upon the written mutual consent of the parties.
25 Alterations that do not result in an overall increase in staffing, or
26 alterations that result in increases in compensation to County, as
27 described in Section 7(b), herein, may be made without return to the
Board of Supervisors.
28 6
1 7. COMPENSATION
2 a. Court will compensate County for employee salaries and benefits,
3 services and supplies, and training utilized for the Program as provided
in Exhibit A- Budget. The County's allocation under this Agreement shall
4
be $5,824,283 as provided in Exhibit D —Judicial Council Allocation.
5 b. The Court may allocate a portion of its allocation to the County based on
6 Program needs. In such an event, the total possible compensation that
7 might be provided to the County under this Agreement would be
8 $8,320,404.
c. Invoices shall clearly indicate and include:
9 i. County's name, address, and remittance address, if different from
10 the mailing address.
11 ii. Probation's accounting contact name, telephone, and e-mail
12 address.
iii. The Fiscal Year of the Agreement, and the Program title (Pretrial
13
Services Expansion Program).
14 iv. The amount of reimbursement requested for each line item of
15 expenses, as provided in Exhibit A— Budget.
16 v. All required back-up documentation, including, but not limited to,
17 payroll queries, copies of paid invoices for services and supplies
purchases, and invoices for outside professional services.
18
vi. The signature(s) of the authorized County official(s).
19 vii. The total billing amount requested.
20 viii. The following certification: I hereby certify under penalty of perjury
21 that the amount billed above is true and correct in accordance with
22
the Pretrial Services Expansion Program Agreement.
d. County shall submit invoices to:accounts_payable@fresno.courts.ca.gov,
23 or Fresno Superior Court, Attn: Accounts Payable, 1100 Van Ness
24 Avenue, 8` Floor, Fresno, CA 93721.
25 8. RIGHT TO MONITOR AND AUDIT.
26 a. County agrees to permit Court and the Judicial Councilor any of their duly
27 authorized representatives to have access to and to examine and audit
any pertinent books and records related to this Agreement.
28 7
1 9. AUDITING AND MONITORING.
2 a. County shall keep fiscal, program, and management records. Fiscal
3 records shall be kept in accordance with generally accepted accounting
procedures.
4
b. County shall maintain all records pertaining to service delivery and all
5 fiscal, statistical, and management books and records pertaining to the
6 Program locally (within Fresno County). Records shall be available for
7 examination and Court and Judicial Council audit for a period of four years
8 after final payment under the Agreement, or until audits are completed
and settled, whichever is later. Program data shall be retained and made
9 available upon request or turned over to Court. Failure to maintain
10 acceptable records per the requirements is grounds for termination of the
11 Agreement.
12 10. NOTICES. The persons and their addresses having authority to give and receive
notices under this Agreement include the following:
13
COUNTY PROBATION:
14 Realignment Division
15 David Ruiz, Deputy Chief Probation Officer
16 ddruizCcDfresnocountyca.gov
17 2171 N. Fine Ave., Fresno, CA 93727
559/600-1144
18
19 Administrative Division
20 Samantha Buck, Deputy Chief Probation Administrative Officer
21 3333 E. American Ave., Fresno, CA 93725
559/600-1247
22
23
COURT:
24 Michael L. Elliott,
25 Court Executive Officer,
26 Superior Court of California,
27 County of Fresno
1100 Van Ness Avenue
28 8
I Fresno, CA 93721
2
3 All notices between the County and the Court provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-
4
class United States mail, by an overnight commercial courier service, or by
5 telephonic facsimile transmission. A notice delivered by personal service is
6 effective upon service to the recipient. A notice delivered by first-class United
7 States mail is effective three County business days after deposit in the United
8 States mail, postage prepaid, addressed to the recipient. A notice delivered by
an overnight commercial courier service is effective one County business day
9 after deposit with the overnight commercial courier service, delivery fees prepaid,
10 with delivery instructions given for next day delivery, addressed to the recipient.
11 A notice delivered by telephonic facsimile is effective when transmission to the
12 recipient is completed (but, if such transmission is completed outside of County
business hours, then such delivery shall be deemed to be effective at the next
13
beginning of a County business day), provided that the sender maintains a
14 machine record of the completed transmission. For all claims arising out of or
15 related to this Agreement, nothing in this section establishes, waives, or modifies
16 any claims presentation requirements or procedures provided by law, including
17 but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
Government Code, beginning with section 810).
18
11. HOLD HARMLESS. Each party to this Agreement ("Indemnifying Party") agrees
19 to indemnify, save, hold harmless, and at the other party's ("Indemnified Party")
20 request, defend the Indemnified Party, its officers, agents, and employees from
21 any and all costs and expenses (including attorney's fees and costs), damages,
22
liabilities, claims, and losses occurring or resulting to Indemnified Party in
connection with the performance, or failure to perform, by the Indemnifying Party,
23
its officers, agents, or employees under this Agreement, and from any and all
24 costs and expenses (including attorney's fees and costs), damages, liabilities,
25 claims, and losses occurring or resulting to any person, firm, or corporation who
26 may be injured or damaged by the performance, or failure to perform, of the
27 Indemnifying Party, its officers, agents, or employees under this Agreement.
The provisions of this Section 11 survive the termination of this Agreement.
28 9
1 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
2 between the County and Court with respect to the subject matter hereof, and
3 supersedes all previous Agreement negotiations, proposals, commitments,
writings, advertisements, publications, and understanding of any nature
4
whatsoever unless expressly included in this Agreement.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 10
I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
2 and year first hereinabove written.
3
4 COURT COUNTY OF FRESNO
5 'gy _ L OL
6 David C. Kalemkarian, Presiding Judge Brian Pacheco, Chairman of the Board of
7 Supervisors of the County of Fresno
8
9 ATTEST:
10 Bernice E. Seidel
1 1 Clerk of the Board of Supervisors
12 County of Fresno, State of California
13
14 By:
FOR ACCOUNTING USE ONLY:
15 Deputy
Fund: 0001
16
17 Subclass: 10000
18 Org: 34309999
19 Account No.: 3575
20
21
22
23
24
25
26
27
28 11
Exhibit A
Pretrial Expansion Proposal
Year one(full year) year one(3 months) year two year three
Assistant Deputy Chief Probation Officer-two 349,030 87,257 357,755 366,699
DPOIV-three 456,380 114,095 467,789 479,484
Probation Technician II-two 168,703 42,176 172,919 177,242
OA III-one 82,966 20,741 85,040 87,166
Program Technician-one 86,932 21,733 89,106 91,333
subtotal 1,144,010 286,002 1,172,609 1,201,924
Relief Factor-25% 156,271 39,068 160,177 164,181
Standby pay 15,000 3,750 20,000 20,000
Vehicles-four 160,000 160,000 32,000 32,000
Radios-four 3,768 942 3,768 3,768
Cell Phones-four 2,400 600 2,400 2,400
Wad-four 7,824 6,456 1,824 1,824
Live Scan Machine 15,000 15,000 - -
Conference Table 10,000 10,000
Printer/copier 5,000 5,000 - -
STOP GPS(250 units year 1,150 units years 2 and 3) 556,625 139,156 333,975 333,975
STOP GPS additional$3.00 per unit for original 250 units August 2021 Board date 273,750 68,438 273,750 273,750
Bus passes 30,000 30,000 30,000 30,000
Financial verification of ability to pay 275,000 68,750 275,000 275,000
Text remind 10,000 2,500 10,000 10,000
Data processing-FSO 15,000 3,750 6,250 -
Data processing-Probation 15,000 3,750 6,250 -
Data storage 25,000 6,250 25,000 25,000
Dashboard 30,000 15,000 15,000 -
ACT overtime 43,060 10,765 43,060 43,060
Legal research 20,000 5,000 20,000 20,000
Supplies/scanners 2,000 500 2,000 2,000
Training 10,000 2,500 10,000 10,000
overhead 171,601 42,900 175,891 180,289 Total 3 years
Totall 2,996,308 926,077 2,618,954 2,629,171 6,174,202
02/23/2022
Exhibit B
Fresno County Release Matrix
Pretrial Release Level
Release Activities and Conditions 1 2 3
Mandatory Statutory Conditions Yes Yes
Court Date Notifications Yes Yes
Criminal History Checks before court (Local) Yes Yes
Check-in by Phone Once Per Month Yes
Check-in twice by Phone or Virtually Yes
Increased Office Check-ins
Other Case-Specific Conditions If Court- If Court- r If Court-
Ordered Ordered Ordered
Fresno County Release Matrix
New Criminal Activity (NCA) Scaled Score
-ILL-
Failure to 1 2 3 4 5 6
Appear (FTA) 91% Likely Arrest- 85% Likely Arrest- 78% Likely Arrest- 68% Likely Arrest- 55% Likely Arrest- 47% Likely Arrest-
Scaled Score Free Free Free Free Free Free
1
89% Likely OR OR
to Appear
2
OR
85% Likely OR OR Level 1 Level 2
to Appear
3 Level 2
81% Likely OR Level 1 Level 2
to Appear
4
73% Likely Level 1 Level 2 Level 2 Level 2
to Appear
5
69% Likely Level 1 Level 2 Level 2 Level
to Appear
6
Likely - t-
65% Level
to Appear
PSA Supervision Levels
Own Recognizance (OR)
• No supervision
Level 1
• Standard Pretrial terms and conditions with contract signed in Court
• Initial phone contact within 24 hrs of release from custody/Court
• Criminal history/warrant check(locally)
• Text reminder for Court
• Court reminder by phone
• Phone contact once a month
Level 2
• Standard Pretrial terms and conditions with contract signed in Court
• Initial office contact within 24hrs of release from custody/Court
• Criminal history/warrant check(locally)
• Text reminder for Court
• Court reminder by phone
• Monthly Report Form
• Phone/Virtual contact once a month
Level 3
• Standard Pretrial terms and conditions with contract signed in Court
• Initial office contact within 24hrs of release from custody/Court
• Criminal history warrant/check(locally)
• Text reminder for Court
• Court reminder by phone
• Monthly Report Form
• Phone/Virtual contact once a month
• In-person contact once a month (Office/Field)
• GPS at the discretion of the Probation Department
Exhibit C— Exclusionary Criteria
• Does not meet criteria; no assessment/report will be completed for the following reason:
✓ Supv Hold (i.e. Probation, PRCS and MS Holds)
✓ Supv BW (i.e. Probation, AOWP, PRCS and MS BW's)
✓ USMS Hold (i.e. Marshall Holds)
✓ CDC Hold (i.e. CDC holds, Parental Rights)
✓ Parole Hold (i.e. Parole hold only)
✓ Parole BW (i.e. Parole BWs only)
✓ Set for Sent/RPO (i.e. cases set for a sentencing hearing)
✓ PTR Denied (i.e. BW Cases in which PTR was previously denied)
✓ PTR Case (i.e. Defendant is on PTR in that specific case)
✓ State Hosp Detainer
✓ Ref-Nurse (i.e. Nurse refused booking of defendant)
✓ Remand (i.e. Court remanded defendant)
✓ SCO (i.e. Superior Court Order)
✓ COMT (i.e. Commitment ordered)
✓ FCR (i.e. Federal Court Release; overcrowding release)
✓ ENRT Only (i.e. Defendant booked on only out of county charges)
✓ Misd Cite (i.e. Defendant was booked and cited on misdemeanor charges)
Exhibit D
Pretrial Expansion Allocation of Funds from Judicial Council
One-time I Ongoing Year One Total Year Two Ongoing Year Three Ongoing Three Year Total
Probation's portion 2,206,436 1,205,949 3,412,385 1,205,949 1,205,949 5,824,282
Court's portion 945,615 516,835 1,462,451 516,835 516,835 2,496,121
Total Allocation from Judicial Council 3,152,051 1,722,784 4,874,835 1,722,784 1,722,784 8,320,403