HomeMy WebLinkAboutAgreement A-16-645 with City of Kingsburg.pdf1 AGREEMENT
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3 THIS AGREEMENT is made and entered into this_ day of , 2016,
4 by and between the COUNTY OF FRESNO, a political subdivision of the State of California ,
5 hereinafter referred to as "COUNTY," and the CITY OF KINGSBURG , a Municipal Corporation ,
6 hereinafter referred to as "CONTRACTOR."
7 WITNESS ETH:
8 WHEREAS, the State of California, under Assembly Bill 109 , the Public Safety
9 Realignment Act (AB 109). has realigned responsibilities for probation . post release community
10 supervision (PRCS) and mandatory supervised release of offenders; and
11 WHEREAS, the Public Safety Realignment Act AB 109 Implementation Plan of 2011,
12 including its updates, hereinafter collectively referred to as "AB 109 PLAN ,"was developed by
13 the Fresno County Community Corrections Partnership (CCP) and approved by the Fresno
14 County Board of Supervisors; and
15 WHEREAS , the AB 109 PLAN includes formation of the Adult Compliance Team
16 (ACT) to create a cooperat ive unit capable of addressing public safety concerns and issues facing
17 local law enforcement in Fresno County; and
18 WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriffs
19 Department, the Fresno County D istrict Attorney's Office . the Fresno County Probation
20 Department, and officers of the Fresno , Clovis , Selma , Reedley, and K ingsburg Police
21 Departments ; and
22 WHEREAS , the State of California has provided funding to COUNTY for the purpose
23 of implementing AB 109 services .
24 NOW, THEREFORE, in respect of the mutual promises contained herein, the Parties
25 hereto agree as follows:
26 1. OBLIGATIONS OF THE COUNTY
27 COUNTY shall compensate and remit to CONTRACTOR, as provided herein
28 an amount equal to the cost of one (1) City of KINGSBURG Police Officer ("Police Office r") for
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1 assignment to the ACT, not to exceed, in aggregate, the maximum amount payable under this
2 Agreement of One Hundred Seventy One Thousand Three Hundred Forty Six dollars ($171,346).
3 2. OBLIGATIONS OF THE CONTRACTOR
4 CONTRACTOR shall assign one (1) Police Officer to be responsible for
5 fulfilling the responsibilities of an ACT member, as set forth in the AB 109 PLAN, including by way
6 of example, pages 15 and 16 of the 2011 version thereof, and in accordance with the ACT
7 Operational Guidelines and Procedures, both attached hereto as Exhibits "A" and "B",
8 respectively, and incorporated herein by reference. In the event that the AB 109 PLAN is revised
9 by the CCP, and approved by the Fresno County Board of Supervisors, the responsibilities of the
10 Police Officer under this Agreement may be modified accordingly. Should such modification result
11 in additional costs to CONTRACTOR, the maximum reimbursement for services rendered under
12 this Agreement by CONTRACTOR may only be increased in accordance with Section 7 of this
13 Agreement.
14 3. TERM
15 This Agreement shall become effective October 1, 2016 and shall terminate
16 on June 30, 2017 .
17 4. TERMINATION
18 A. Non-Allocation of Funds -The terms of this Agreement, and the services to
19 be provided thereunder, are contingent on the approval of funds by the appropriating government
20 agency. Should sufficient funds not be allocated, the services provided may be modified, or this
21 Agreement terminated by COUNTY, at any time, by giving the CONTRACTOR not less than thirty
22 (30) days advance written notice.
23 B. With or Without Cause-COUNTY or CONTRACTOR may immediately
24 terminate this Agreement by delivering not less than sixty (60) days advance written notice to the
25 other party.
26 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
27 of any breach of this Agreement or any default which may then exist on the part of the
28 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the
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1 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of
2 the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR
3 under this Agreement, which in the judgment of COUNTY were not expended in accordance with
4 the terms of this Agreement. CONTRACTOR shall promptly refund any such funds upon demand.
5 5. COMPENSATION/INVOICING
6 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
7 receive compensation as follows:
8 CONTRACTOR shall submit quarterly invoices for actual expenditures to the
9 County of Fresno Probation Department at: Probationlnvoices@co.fresno.ca.us. Invoices must
10 be submitted on or after the dates of January 1, April 1, and July 1, 2017, respectively, and
11 include a breakdown of expenses identified in the final approved budget of the CCP in the County
12 of Fresno for use in executing the mission of ACT. COUNTY shall make payment within 45 days
13 of receipt of invoice .
14 Upon any termination of this Agreement, CONTRACTOR shall be
15 compensated for costs incurred under this Agreement, up to and including the date of
16 termination . The terms of this Section 5 shall survive the expiration or earlier termination of this
17 Agreement.
18 In no event shall compensation of costs for services performed under this
19 Agreement be in excess of One Hundred Seventy One Thousand Three Hundred Forty Six dollars
20 ($171,346).
21 6 . INDEPENDENT CONTRACTOR
22 The parties are acting in an independent capacity with respect to the
23 performance of their respective obligations under this Agreement. Each party agrees that it,
24 including any and all of its officers, agents, and/or employees, shall have absolutely no right to
25 employment rights and benefits available to the other party's employees. Each party shall be
26 solely liable and responsible for providing to, or on behalf of, its own officers, agents, and/or
27 employees all legally and contractually required employee benefits . In addition, each party shall
28 be solely responsible and save the other party harmless from all matters relating to payment of
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1 each party's employees, including, but not limited to, compliance with applicable social security
2 withholding and all other regulations governing such matters. Further and without limitation, each
3 party to this Agreement will be responsible for its own actions in performance of their respective
4 obligations under this Agreement.
5 CONTRACTOR and COUNTY shall comply with all applicable provisions of
6 law and the rules and regulations, if any, of governmental authorities having jurisdiction over
7 matters the subject thereof.
8 7. MODIFICATION
9 Any matters of this Agreement may be modified from time to time by the written
10 consent of all the parties without, in any way, affecting the remainder.
11 8 . NON-ASSIGNMENT
12 Neither party shall assign, transfer or sub-contract this Agreement nor their
13 rights or duties under this Agreement without the prior written consent of the other party.
14 9. HOLD HARMLESS
15 CONTRACTOR agrees to indemnify, save, hold harmless. and at COUNTY'S
16 request, defend the COUNTY. its officers, agents, and employees from any and all costs and
17 expenses, damages, liabilities, claims, and losses, including attorney's fees and costs, occurring,
18 resulting, or arising from the negligent or wrongful performance, or failure to perform, by
19 CONTRACTOR, or its officers, agents, or employees of obligations agreed to be performed under
20 this Agreement.
21 COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR'S
22 request, defend the CONTRACTOR, its officers, agents, and employees from any and all costs
23 and expenses, damages, liabilities, claims, and losses, including attorney's fees and costs,
24 occurring, resulting, or arising from the negligent or wrongful performance, or failure to perform, by
25 COUNTY, or its officers, agents, or employees of obligations agreed to be performed under this
26 Agreement.
27 10. INSURANCE
28 It is understood and agreed that, without limiting the right of either party to
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1 obtain indemnification from the other party or any third parties, CONTRACTOR and COUNTY
2 shall maintain insurance policies or self-insurance programs to fund their respective liabilities.
3 Evidence of Insurance, e.g., Certificates of Insurance or other similar documentation, shall not be
4 required of either party under this Agreement.
5 11. AUDITS AND INSPECTIONS
6 The CONTRACTOR shall at any time during business hours, and as often as
7 the COUNTY may deem necessary, make available to the COUNTY for examination all of its
8 records and data with respect to the matters covered by this Agreement. The CONTRACTOR
9 shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records
10 and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
11 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR
12 shall be subject to the examination and audit of the Auditor General for a period of three (3) years
13 after final payment under contract (Government Code Section 8546. 7).
14 12. NOTICES
15 The persons and their addresses having authority to give and receive notices
16 under this Agreement include the following:
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COUNTY
COUNTY OF FRESNO
Mike Elliott, Interim Chief Probation
Officer
3333 E. American Avenue, Suite 8
Fresno. CA 93725
CONTRACTOR
CITY OF KINSGBURG
Neil Dadian, Chief of Police
1300 California Street
Kingsburg, CA 93631
21 Any and all notices between the COUNTY and the CONTRACTOR provided
22 for or permitted under this Agreement or by law shall be in writing and shall be deemed duly
23 served when personally delivered to one of the parties, or in lieu of such personal services, when
24 deposited in the United States Mail, postage prepaid, addressed to such party.
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13. GOVERNING LAW
The rights and obligations of the parties and all interpretation and performance
of this Agreement shall be governed in all respects by the laws of the State of California. Venue
for any action arising out of or related to this Agreement shall only be in Fresno County, California.
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14. CUMULATIVE REMEDIES 1
2 No remedy or election hereunder shall be deemed exclusive but shall,
3 wherever possible , be cumulative with all other remedies at law or in equity.
4 15. SEVERABILITY
5 In the event any provisions of this Agreement are held by a court of
6 competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this
7 Agreement will nevertheless continue in force and effect without being impaired or invalidated
8 in any way .
9 16 . WAIVER
1 O The waiver by either party of a breach by the other of any provision of this
11 Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
12 either the same or a different provision of this Agreement. No waiver of a party's breach of any
13 provision of this Agreement shall be effective unless the waiver is in writing and signed by the
14 party against whom the waiver is sought to be enforced . Waiver of any one provision herein
15 shall not be deemed to be a waiver of any other provision herein .
16 17. INTERPRETATION
17 The parties acknowledge that this Agreement in its final form is the result of
18 the combined efforts of the parties and that, should any provision of this Agreement be found to
19 be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in
20 favor of or against either party, but rather by construing the terms in accordance with their
21 generally accepted meaning .
22 18. NO THIRD PARTY BENEFICIARIES
23 Nothing set forth in this Agreement shall create any legal rights in any
24 person not a party to this Agreement.
25 19 . EXHIBITS
26 Each exhibit and attachment referenced in this Agreement is, by reference ,
27 incorporated into and made a part of this Agreement.
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20. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CONTRACTOR and
COUNTY with respect to the subject matter hereof and supersedes all previous Agreement
negotiations, proposals , commitments , writings, advertisements , publications , and understandings
of any nature whatsoever unless expressly included in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first hereinabove written .
COUNTY OF FRESNO
12 DATE: to /1v /1011,
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hief of Police, C ity of Kingsburg
APPROVED AS TO FORM :
Michael J. Noland, City Attorney, City o
Kingsburg
FOR ACCOUNTING USE ONLY:
FUND:
ORG :
SUBCLASS:
ACCOUNT:
0001
34309999
10000
7295
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REVIEWED & RECOMMENDED
FOR APPROVAL
APPROVED AS TO LEGAL FORM
Daniel Cederberg, County Counsel
APPROVED AS TO ACCOUNTING FORM
Oscar J. Garcia
Aud itor-Co ntroller. TaJL.Collector
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ATIEST:
Bernice E. Seidel , Clerk
Board of Supervisors
EXHIBIT A
The Public Saf cty Realignment Act
AB 109
Imple1ne11tation Plan 2011
County of .F'resno
Executiue Co,nniittee of tlrn Com1nu11ity Corrections Partnership
Linda Penner. Chief Probation Offif~el', County of Fresno (Chair)
Hon. Gary Hoff. Prn~iding Judge, J,'rcs no County Superior Cmut
Sheriff Margaret l\:Iimfi, Cuunty of Fresno
Elizabeth Egan, DiRtric t Attorney~ County of Fresno
Kenneth Taniguchi, Public Deft~n<ler, County of Fresno
Jerry Dyer, Chief, Fre~mo Police Department
Donna Taylor, Direct.or~ Behavioral Health, County of Fresno
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EXHIBIT A .....---------------·--···--···· -·--·-···
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 finalized
and approved by the Executive Committee for submission to the Fresno County Board
of Supervisors:
"Although AB 109 delineates a funding formula for implementation of this legislation, it
appaars that this initial funding is inadequata to accomplish the specified objectives of
realignment or to establish the framework necessary to implement the Community
Corrections Par1nership within the aggressive time line set by the State of California.
The Fresno County CCP is concerned that the state of California significantly
underestimated the population to be realigned to Fresno County. The funding is
disproportionate to the task required which inhibits the CCP from fully providing the
safest possible realignment tor our community .
In order to provide m3)(imum 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 succeeoing ."
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AB109
The Public Safety Realignment Act
Summary and Overview of Legislation
EXHIBIT A
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 fevel inmates and parolees from the California Department of
Corrections and Rehabilitation to counties. Implementation of the Public Safety
Realignment Act is scheduled tor October 1 . 2011 .
Additionally, Section 1230 of the California renal 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 µIan goes back to tile Community Corrections Partnersnlp for
further consideration. (d) Consistent with focal needs and resources, the plan may
indude rer.nmmenrlation~ to ma)(imize thP effi;a.-tiv.;a. ;nv~~tment of ~rimin~I juc.tir,c:.
resources in evidence-based correctional sanctions and programs, including, but not
limited to, day reporting centers, drug courts. residential multi-service centers, mental
health treatment programs. electronic and GPS monitoring programs , victim restitution
programs, counseling programs . community service programs. educational programs,
and work training programs."
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EXHIBIT A
Key Provisions in AB 109
Redefining Felonies: Revises the definition of a felony to include certain crimes that
are now punishable in jail for 16 months, 2 years, or 3 years instead of state prison.
Some offenses, including serious, violent and some sex-offenses, are excluded and
sentences can continue to be served in state prison.
Local Post Release Community Supervision: Offenders released from state prison on
or after October 1. 2011 after serving a sentence for an eligible offense shall be subject
to, for a period not to exceed 3 years . post release community supervision provided by
a county agency designated by that county 's Board of Supervisors.
Revocations Heard & Served Locally : Post release community supervision and parole
revocations will be served in local jails (by law maximum revocation sentence is up to
180 days), with the exception of paroled 'lifers' who have a revocation term of greater
than 30 days. The Courts will hear revocations of post release community supervision
while the Board of Parole Hearings will conduct parole violation hearings in jail.
Changes to Custody Credits: Jail inmates will be able to earn four days of credit for
ever; 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 oemg ne1a 1n me county jail m 11eu OT oa11. t:11g10le inmates muse first De ne1a m
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
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EXHIBIT A -----,
Background and lnfonnation
This historic legislation sets into motion a number of fundamental changes related to the
incarceration, supervision and treatment of a designatf=d group of offenders and
provides Fresno County with the ability and limited funding to provide correctional
services. AB 109 offers support for community corrections and its multiple goals of
offender accountability, surveillance and supervision as well as fiscal accountability.
AB 109 reduces the number of offenders incarcerated in the state prison and releases
offenders convicted of specified felonies (low risk sexual offenders defined by Static 99.
non-violent offenders and non-serious offenders) to counties of commitment. It also
changes the California Penal Code and sentencing practices to keep these offenders of
specified felonies from being committed to state prison.
Community Corrections as detailed in the Realignment Act are non-prison sanctions
imposed by a court that move offenders through a system of services that are evidence
based and available to those who will most likely benefit from them thereby redeeming
both offenders and economies. The magnitude and scope of the legislation has
required a paradigm shift for the criminal justice system in Fresno County. The 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 solutiors for alternatives to incarceration and reentry
joined with public safety services.
in octooer .w·1 -1 mroug n ucmoer at .zo-u , t-resno county wm receive 1 ::>SB return mg
offenders from the California Department of Corrections and Rehabilitation for post
release supervision services . In addition, with the implementation of sentencing
reforms, those offenders convicted of specified felonies will be punishable in a county
jail or other local sentencing option for more than one year. Both of these actions will
have considerable impact on the community and the justice system in Fresno County.
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EXHIBIT A
To address these anticipated needs, a number of proposals are recommended that will
build ground up a system of fiscally responsible, data driven, evidence based rigorous
reforms to current operations that will be inclusive. comprehensive and transparent.
The proposed strategies consider the expected multidimensional needs of the new
realignment population and the solutions necessary to achieve the balance between
public safety and the spirit of the legislation. The goals of increased public safety
through reduced victimization can be met at the local level providing there is
understanding that ts 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 California enacted SB 678 which provided a
formula based system for sharing state savings with probation departments for
improved supervision of felony probationers and reduced prison admissions. Fresno
County Probation received $1,270,000 to develop and enact evidence based
programming (EBP) for adult offenders. Th is 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 al"'d implemented as well as evaluation programs
being put in place to determine effectiveness.
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XHIBIT A
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 correcttons agencies is its ab1l1ty to help personnel predict recidivism by
type of crime (violence . property or drug offenses . etc.). This allows probation supervisors to
tailor the most effective dec1s1ons and courses for correcttons by individual offender.
The resource is delivered through a Web -based interface and enables clients to manage intake,
assessment administration . case p lan management and outcome reporting from a single
software application. Core components of the program are aimed at providing a precise and
objective assessment to gauge the in dividual's ns~ level for future criminal acts and a
prescriptive component that guides corrections personnel in tailoring supervision , treatment and
servlces for optimal rehabilitative results. The tool ensures that treatment and public resources
are devoted to the highest risk offenders and an objective, consistent and simple method of risk
prediction and necessary levels of supervision .
Part 1: Static Risk Assessment The program begins wi th a 26-question assessment of "static11
factors and scores that determine future risi<s in three areas: 1) felony, 2) non-violent felony,
and 3) violent felony. These risk. scores lead to classification of offenders into one of five levels:
• High Risk Violent
• High Risk Property
• High Risk Drug
• Moderate Risk
• Low Risk
Part 2: Offender Needs Guide
Each high-risk offender receives an Offender Needs (Criminogenic) Assessment reached via a
70-question survey covering social achievements , support systems , cognition and personality
traits Questioning covers education , employment , residential stabil ity , marriage/family, friends,
aggression, coping sk.ills and substance abJse, 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
related to criminal behavior Targeti ng the greatest individual risk factors of an offender and
identifying specific intervent ions to treat them allow agencies to actively facilitate the kind of
positive change that can ultimately keP.p the offender out of the criminal justice system and help
them become productive members of society
Adult Day Reporting Center
Adult Day Reporting Centers (A DRC ), are on-si t e cogn it ive restructuring programs designed as
Evidence Based P ractices and desig rmd t o c ha nge an offender 's adverse thinking patterns,
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EXHIBIT A -------·-·-----·-------------
provide education and job tra ining to enable long-term employment. and hold offenders
accountable during the day.
The goals of the Adult Day Reporting Center are to reduce offender rearrests and recidivism .
assist offenders in successful reentry by providing needed services . and increase public safety
by holding offenders accountable These goals will be achieved by providing skill-based learning
opportunities. educational and vocationa l training and intensive community supervision .
Participants 1n the Adult Day Reporting Center·
• Enhance the .r coping sk.ills through group and peer ccunsel111g
• Locate and mainta1ri stab le housing
• Improve educationa l and vocaticnal skills
• Find and retain meaningful work
• Structure their activ ities w 1t 11 n the corrmun 1t y
• Receive intens ive community supervision by !heir probation officers
In Fresno County, the ADRC as designed ano in the process of moving to full implementation
has identitied supervision . treatment and training for attenders who are identified through
assessment for services . Up to 50 rea iignment offenders will eventually enrolled in the ADRC
The current facility is co-located w:th the Adult Drug Suppression function in Fresno. Offender5
go through a four-phase program from one day to seven days per week and are typically seen
on aftercare approximately s ix months into the program _ At the present time California State
University. Department of Criminology hcJs submitted an application to fund a comp rehensive
process and outcome evalucJt 1on of the Adu't Day Report ing Center program
Thinking for a Change (T4C) AdLJlts
Validated as ev idence based program, Thinking for a Change , (T 4C) cognitive behavioral
therapy has proven to be an effective program for Juve1 1les and through endowed grant funding,
extended for adult offending populations Cognitive-Behavioral Therapy (CBT) in the T 4C
model is an empirically supported treatment that focuses on patterns of thinking that are
maladaptive and the behets that underlie such thinking . ~1nce 1997 , fhmkmg tor a Change
(T4C) has trained thousands of correctional staff to facilitate offender groups in th is evidence-
based cognitive behav ior program. The Th in Aing for a Chanqe curriculum uses as its core a
oroblem solvina comooncnt. with both coanitive restructurina and social skills interventions
It was developed to be appropriate for a wide-range of offender groups, and has been
implemented in all phases of ::ie juvenile and adult criminal justice systems with considerable
reductions in recidivism.
In Fresno. probation officers have been trained and are being :rained in the model and following
assessment of offenders those r.1oved to the model meet w ith probation staff twice weekly in
groups of ten to study and particqate in therapy The Fresno model is part of the evaluation
that California State Un iversity has proposed complet ing on the DRC.
Offender Link: T e!ep hone Report, ng
Validated as a promising practice . Offender _ink idenUies low risk: offenders in bank caseloads
who can maintain contact v ia telephone reporting Th i s allows probation officers to focus
attention on medium to high risk offenders through the use of phone and web based services
that simplify client supervision with automated voice authenticated check-ins, interviews and
message delivery. Probationers receive notifications and court reminders. drug test notifications
anc:I specific instructions on conditions of probation
Motivational Interviewing
Motivational Interviewing (Ml) is a client-centered approach for eliciting behavioral change
through helping offenders explore and resolve ambivalence. It is an evidence bas~d practice
that nas been shown to effectrve ly cnange behavior It is a positive and focused goal based
approach that attempts to increase t:1 e offenders awareness of the potential problems caused,
consequences experienced . and risks faced as a result of the behavior in question. VVith
offenders, the belief that change is possible is an important motivator to succeed in making the
change. They're held responsrole for choosrng 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 wi!i 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, tne
bed count is now maintained at 1923 beds. There is no ability for the jail to absorb
additional AB 109 populations at its present funding level and the Sheriff remains under
a federal consent decree for overcrowding that requires release of inmates whenever a
designated bed for the inmate's classification is not available .
With the advent of AB 109 funding it is anticipated that the Fresno County Sheriff would
reopen a floor in the North Annex Jail that has 432 beds. In addition due to security
concerns and classification issues, a small number of classified security beds may b9
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.
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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 a re pretrial ; (3) violators of post release supervision up to 180 days; (4)
violators of state parole up to 180 days ; and (5) post release community supervisees
sanctioned with "flash Incarceration" of up to 10 days .
AB 109 changes how credits for good time and work time are calculated . This means
that inmates will be required to serve 50% of their sentence in custody, minus any
credits for time served prior to their sentence as determined by the Court, instead of
two-thirds of their sentence , which is the current law. This change may help mitigate, to
some degree, the impact of longer sentences 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 1 o days in county jail for post release community
offenders who violate their community supervision terms.
The Fresno County Sheriffs 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
g I ~· .. ) ~; .
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.
·-··· ··-· -----
----·-.... -----
Proposed Implementation Plan: Roles and Responsibilities
The Fresno County Probation Department: Post Release Supervision
The Fresno County Probation Department has been designated by the Fresno County
Board of Supervisors as the Supervising County Agency for the Post Release
Community Supervision program pursuant to AB 109. The department is now in the
position and has the authority to begin receiving information on the inmates that will be
released from CDCR to Fresno County and to make the appropriate plans though the
CCP for offender supervision once retuned to the county. The operational date is
October 1, 2011.
As the administrator for the post release offenders . a full range of options for 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 uflash
incarceration " as necessitated for violation of supervision conditions .
As designated in AB 109 legislation, a post-release supervision cannot exceed a period
of three years, however , offenders may be discharged earlier following a period of
successful community supervision ; any revocations will be served in the county jail for
up to 180 days in length. As discussed in the realignment legislation, probation is to
supervise under appropriate 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 Reporung 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 tor 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.
12 I •, ·· .1. ._
-----------.
I
J
1000
800 ·-------
600
1~. 0 . .
•,, , .... ...
Estimated Postrelease Community
Supervision Average Daily Population
. ·•',', ..... ! ~. ~· ,_. • •• • ', ... ~·
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
a nd Defe ns e 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
13 I P ag e
and up to ten days custodial time "flash incarceration" for violating specific terms and
conditions of release.
Adult Day Reporting Center
The Fresno County Probation Department plans to expand the Adult Day Reporting
Center (ADRC) to provide probation services to offenders in the medium-high risk
offender category. The Probation Department anticipates that providing additional
rehabilitative services to this target group will prove to be the most efficient and cost
effective use of resources for the realignment populatlon. The ADRC will be a one-stop
center for offender accountability and evidence-based supervision and services. It will
provide supportive supervision and treatment services for eligible offenders as identified
through assessment
Once an offender is determined to be eligible through an objective assessment
instrument. the probation department will refer the offender to the ADRC, where he/she
will be closely monitored and report regularly for drug and alcohol screening and receive
intensive case management, substance abuse treatment , life skills, pro-social skill
development, career guidance, and job training. The services provided at the ADRC will
be designed to break the offender's entrenched criminal behavior through onsite
services. The Probation Department fully anticipates that by addressing the gap in
service delivery for this offender population, through evidence-based practices at the
ADRC, it will be able to significantly reduce levels of recidivism within this population.
Through the auspices of SB 678, the probation department has participated in training
and implementation of evidence based practices that influence supervision practices
and that have proved effective nationally in reducing recidivism with improved outcomes
for offenders. The department has invested significant resources and manpower in the
selection and implementation of the STRONG Assessment tool. The data interface for
the department has been completed . beta testing is about to begin and the assessment
tool will be ready by October 2011. It is the departments plan to use STRONG the
141,,,,,. ___J
validated risk-needs tool, 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. This intensive approach is
seen in the formation of an interagency safety alliance with Fresno city and county
justice partners that creates an additional level of offender accountability and public
safety, the Adult Compliance Team (ACT). The "strike team" concept is used to
describe officers dedicated to particular enforcement and safety purposes with an
immediate capacity to take action.
At implementation, the Adult Compliance Team will consist of sworn officers from the
Fresno County Probation Department the Fresno County Sheriffs Department, the
Fresno Police Department, the Clovis Police Department and an investigator from the
Fresno County District Attorney's Office. Contingent upon future funding, the team will
attempt to add officers from various law enforcement agencies in the county of Fresno.
The purpose of the inter-agency compliance team is to add an additional layer of
offender supervision and public safety. This team however is multi-purposed: to enforce
conditions of probation; to note trends in the realignment population and to be able to
efficiently respond to issues; to provide information and direction for aft law enforcement
agencies in the county of Fresno and to be the point of contact for dissemination of
offender information; to respond rapidly with knowledge and information about the
offenders in such case as such emergency situations may arise stemming from this
population; and to mitigate the need for custodial services through appropriate early
interventions. In addition, the team can provide surveillance and warrant sweeps in
conjunction with other law enforcement agencies.
1st r ., ~: "
------------· ------~-
ACT assigned officers will complete all training in relation to evidence based practices
including cognitive behavioral therapy and Motivational Jntel'\/iewing 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. Jn 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 supel'\/ision .
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 w ith the criminal justice system as to probation and parole histories .
Compiling all this information, pretrial serv ices 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
sel'\/ice officers submit a report risk assessment and a recommendation regarding
release to judicial officers. Research has demonstrated that the pretrial release
t6 I ;; , c .~
__________________ J
EXHIBIT A
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 needs
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 agencies, the system
(PRIME) allows referrals to an 'open seat/open bed ' in individual and group settings with
treatment providers and within seconds of the referral , availability is known .
171 ;> 0 ,'. (:
Lastly, an evidence based practice that is shown to be effective in pretrial services
according is a "reminder service". The problem of failure lo appear (FTA) can be
extraordinarily costly, both in terms of the financial cost to local justice systems and the
integrity of the judicial process. Each court date missed has a ripple effect throughout
the justice system, leading to inefficient use of time and resources that are often already
overtaxed. Missed court appearances frequently result in arrest warrants that require
justice system resources for processing and serving . Defendants arrested on warrants
for FTA often spend more time in local jails when compared to other jail admissions.
Missed court appearances impact victims and witnesses that share a stake in the court
hearings. Reminding defendants of their court appearances with court date notifications
is a pretrial release intervention designed to reduce failure to appear and associated
costs. Systems of reminders such as live , automated and mail have been shown to be
effective and the pretrial services staff should consider the use of such a system.
As with any effective and comprehensive pretrial services program, the relationship with
the criminal court, the probation department. district attorney, public defender and the
sheriffs department must be open and collaborative. All agencies will work together to
insure that services are supportive of public safety as well as the offender.
18 I c ,, ),' z
'--------------·· .. --··
.----------·-·---·--~~-·---------------------
Proposed Implementation Plan: Roles and Responsibilities
----·-·--~--------------------~
Treatment and Services Coalition (TASC)
Central to AB 109 legislative intent and critical to the success of the realignment
population is the devetopment and implementation of treatment services that address
criminogenic needs. Best practices include a combination of surveillance and
treatment for probationers. rather than one or the other alone based on the use of
evidence-based practices risk and needs assessment tools. It is known and expected
that a significant number of the realignment population have long standing unaddressed
substance abuse problems and/or mental health issues that will need to be considered
as the CCP plan goes forward . Treatment as part of the offenders' adjustment on
probation has long been seen as the avenue to successful completion of probation and
a crime free reintegration into the community. Since the majority of offenders and
incarcerated populations have serious substance abuse problems, many
contemporaneously with mental health issues. treatment and appropriate services must
be developed and should be considered a critical risk reduction strategy. It is the
recommendation that a Treatment and Services Coalition (TASC} committee be formed
to address the outstanding service needs and service gaps that may be identified for
this population.
Roles and Responsibilities
Program Research and Evaluation
EXHIBIT A
An objective and evidence-based study to assess the validity and effectiveness of the
justice systems response to and the outcomes for the realignment population is critical
to determine if the challenges of crime and justice at the county level, including reduced
victimization and recidivism have been appropriately met.
The program evaluation should commence immediately and include a process
evaluation to assess the implementation of the strategies and services created and
directed to the realignment population. In addition, an outcome evaluation that would
measure the impact of the strategies and services created for the offending population
in reducing recidivism among the identified population using quantitative research
analysis should also be completed.
Qualitative and quantitative data on evidence-based programs are important in
corrections. Without effective evidence-based supervision . programs, and services, the
system exists without empirical evidence of program effectiveness and compromises its
ability to assist those on probation with changing their criminal behavior.
Quality assurance through systematic observation and evaluation of various
components of the Fresno County system is a necessity as well. This is in order to
assure and maximize the probability that the minimum standards set by the CCP are
maintained throughout the system.
20 I F .) g ·~
'-------------------~-------------------------------'
EXHIBIT A
Tl1e Public Safet)' Rea.lign 1n e 11t Act
AB 10()
Update to 2011 l1upJen1entatio11 Plan
2013
(:ou n t v of Fres110 .,
Executive Co,nlltittee of I he Com.,r,iu.niLy Corrections P<trtnership
Linda P euuer. Chi..-f Probation Offin•r. County of Fr<'imo (C hair)
Sheran )l u rto u. Cuurt E)..ecutiH· Officer. Fre::-iuu County Su p erior Court
Slu~riff :M argaret .\[im::-. Count~ of' Fn~:-;no
Elizabet h Egan. Di:-.l rict .\ttonu·~-Count~· of Fr~s110
K e nnf't h Taui{!uchi. PnbliC' Defender. County of .Frei:ino
Jeny Dy~r. Chit."f. Fn·~no PoliC't' I )c•partnwnt
Donua T a ylor . Dirf'ctor. Bt•Jiayioral HPahli . County of Fre~no
Background
AB 109
The Public Safety Realignment Act
Update to the 2011 Implementation Plan
County of Fresno
2013
EXHIBIT A
On August 19. 2011 , the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Plan for 2011. On September 13, 2011 the CCP moved the
Implementation Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervisors for approval of the plan pursuant to Assembly Bill (AB)
117. On that date, the Implementation Plan and the associated budget and resolutions
were approved. The Plan has been operational since that time.
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 amer.ded and updated plan for Fresno County that has
been developed and set for appro..,al by the Community Corrections Partnership (CCP)
on March 15 , 2013.
In the origina l leg:slation under AB 109 in 2011. Section 1230 of the California Penal
Code was amended to read ''Each county local Community Corrections Partnership
establ ished pursuant to subdi\l'is,on (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
reahgnment. (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 des1gnee, 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 pu rposes 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 of4t5ths in which case the plan goes back to the Community
Corrections Partnership for further consideration .
Consistent with the legislation and !ocal needs and resources , the plan is now
undergoing modifications and includes proposals that increase and maximize the
effecti"e in"estment 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 seNices . this proposal delineates proposed changes and modifications to the
original 2011 plan for the County of Fresno
1
EXHIBIT A
Legislative Mandate HisJ2.!y
The Fresno County Implementation Plan of 2011 follows the legislative mandates and
intents as specified m the legislation and identified below . The programs , services and
activities have been built both upon the guiding principles stated in the legislation that
controls realignment as well as the needs identified through the operation of the
program locally
The Public Safety Realignment Act (Assembly Bill 109} was signed into law on April 5.
2011 in the State of California
Several mandated changes took place upon the 1mptementation of the law on October
1, 201 1:
(1 }. AB 109 transferred responsibility for supervising specified lower level inmates and
parolees from the California Department of Corrections and Rehabilitation to counties.
This population, the Post Release Community Supervision (PRCS) offenders became
eligible for county supecv1sion for a period not to exceed 3 years , provided by the county
agency designated by that county s Beard of Supervisors In Fresno County, the Fresno
County Probation Department has the designated responsibility for PRCS supervision.
(2) The defmit1on of some felony crimes was revised to include certain crimes that
became punishable in jail for 16 months. 2 years or 3 years instead of state prison.
although some offenses. including serious, violent and some sex-offenses. are excluded
and sentences can continue to be served in state pnson .
(3) Post Release Community Supervision (PRCS) and state parole revocations are now
served in local jails (by law maximum revocation sentence is up to1 BO days). with the
exception of paroled 'lifers· who have a revocation term of greater than 30 days . The
Superior Courts through the implementation of the legislation now hear revocations of
Post Release Community Super,ision (PRCS) offenders with the Board of Parole
Hearings conducting parole violation hearings th rough July 1, 2013 at which time the
Superior Courts will assume responsibility for state parole revocations
(4) Changes to custody credits have occurred in which jail inmates are now able to
earn four days of credit for everv two days served Time spent on home detention (1.e ..
electronic monitoring) 1s credited as time spent in jail custody.
(5) Penal Code Section 1203 018 now authorizes electronic monitoring for inmates
bemg held in the county jail in lieu of bad . E!igiole inmates must first be t1eld in custody
for 60 days post-arraignment 30 days tor those charged with misdemeanor offenses or
the inmate is appropriate for the program based on a determination by the correctional
administrator that the inmate's participation would be consistent with the public safety
interests of the community
2
EXHIBI T A
(6) Under the authonty of the leg1slat1on community based punishment was authorized
t hat all ows counties to use a range of community based punishment and intermediate
sanct ions other than jail incarceration alone or traditional routine probation supervision
for t he identified populations
Changes to 2011 Implementation Plan
Programs that were approved and fundea in the original tmplementation Plan of 201 1
are ongoing . Due to the add1t1ons and changes that have occuried in the operation of
AB 109 programming the updated p1an is required for the Community Corrections
Partnership (CCP) as weit as ttle attendant budget and salary resolutions that will be
reviewed by the Fresno County Board of Supervisors following the approval.
Given the influence in the legislation to utilize evidence based practices and programs
through a range of community based services and sanctions. and based on a
determination of needs as ascertamed through the operation of the AB 109 P rograms
locally , there are several noteworthy additions and modifications to the approved plan
Changes and add itions to the original 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 modif1cat1ons are
• Jail Transition Unit
• Jail Medical Services
• Probati on Supervision and Referral Services
• Behavi oral Health Contracts
• A dult Compliance Team
• Pending RFP 's for services
On January 22, 2013 . the CCP solicited and accepted proposals from i nterested parties
for the addition and expansion of services based on tden tified need s and priorities of the
CCP. On February 27. 2013 additional programs for which proposals had been
submitted wer e selected and will further modify the operation of local AB 109 service
provision
......--------------------·-------------------,
Fresno County Stleriffs Office ------------~
With the advent of AB 109 fund mg rt was anticipated that the Fresno County jail would
reopen 432 beds in the North Annex Jail which occurred on October 1, 2011 . An
additional floor of the North Anne:x: Jail with 432 beds opened on September 1. 2012 .
3
EXHIBIT A
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 Operatiq_ns . New Program T JCU
in November of 2012. the Fresno County Sheriffs Office and the 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 criminal recidivism in adult correctional populations Through the
provision of evidence based planning. the jail committed to develop jail services and
programs that connect to a continuum of community services designed to enhance
successful integration . The T JC pro1ect has been instrumental in assisting in the
development of a transition pod proposed and approved under the auspices of AB 109
funding on February 27 , 2013 . Through the collective operation of the probation and
sheriffs departments the TranS1tion from Jail to Community Unit (T JCU) will be opened
in the North Annex Jail housing up to 72 sentenced prisoners and identified through
assessments with commitment times of one year or more The ACTS Jail Assessment
model will provide both proxy sconng and criminogenic risk needs score for
programming . Evidence based transition services will be developed including
education , substance abuse , and community services . The jail will attempt to develop
class and program space and will work with the Community and Custody Resources
Subcommittee of the CCP to encourage community engagement in the process of
building a reentry unit as weH as faith based programming. Staff will be cross-trained in
cognitive behavioral programmtng provided by probation including Motivational
interviewing and Thinking for a Change . The pronation staff will add1t1onally case
manage unit offenders and work on the progressive reentry issues including community
transition through program pnases
----------·· --· ---·----L____ ·-· Fresno County Department _of Pubhc Health ______ _
Jail Medical Services
Following approval of the Implementation Plan 1n 2011 and on September 13, 201 i the
Department of Public Health requested and received an allocat1on for medical services .
This was later increased due to a higher level of AB 109 inmates in the jail with an
additional reserve amount put asJde to address future costs. Medical services are
mandated by Title 15 , Division I of the California Code of regulations . On February 27,
2013 the CCP authorized additional funding for Jail Medical services due to continuing
tncreased cost5 in the Jail
Although not specifically 1dent1fied in the original Implementation Plan of 2011. the
provision of medical and mental health services 1s in keeping with the full course
treatment aspect of realignment and state mandates for jail medical services.
4
F_resno County Probation Department EXHIBIT A
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 recerved versus the number projected to be
released . Another trend in the offending population is the use of alcohol and drugs with
multiple problems related to this substance use. including family conflict. employment.
anti-social behavior and new offenses . The need for mental health services was
immediately apparent in the PRCS population. Some required inpatient level of care .
The probation department opened the AB 109 'one-stop' offender services office on
Winery Avenue in Fresno California At that location. AB 109 offenders can meet with
their probation officers. be referred to the Adult Day Reporting 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 Behaviora l Health for rurrnng Point of Central Calrfornia, Inc. (Turning Point)
treatment services for PRCS offenders and the Fresno County Sheriff's Office for
offender services that will occur both in and out of custody.
Additional Service Provis o
Co-located at that location are the mental health and substance abuse services of
Turning Point of Central California through a contract implemented in 2012 with the
Department of Behaviora l Health Turning Point provides both mental health and
substance use disorder services at the,r First Street Center. Turning Point provides a
full array of services to include. outpatient mental health and substance use disorder
treatment, full services partnership services for severely mental ill clients, residential
detoxification and treatment. and sober living housing. The contract with Turning Point
was expanded due to the mcreased need for additional residential beds for offenders.
s
EXHIBIT A
·-1
_____ Fresno County Department of Beha'llioral Health _--------~·
The Implementation Plan of 2011 stated that. "Central to AB 109 legislative intent and
critical to the success of the realignment population is the development and
implementation of treatment services that address criminogenic needs .. .It is known and
expected that a significant number of the realignment population have long standing
unaddressed substance abuse problems and/or mental health issues that will need to
be considered as the CCP plan goes forward ... Since the majority of offenders and
incarcerated popula ions have serious substance abuse problems. many
contemporaneo usly with mental health issues treatment and appropriate services must
be developed and should be considered a entreat risk reauction strategy."
Fresno County Department of Benavioral Health {OBH) was tasked with providing
mental health and substance use a1sorder services for the PRCS population . DBH
determined these services would be provided by a community based provider. After
going through the county 's competitive based process a contract was awarded to
Turning Polnt of Central California
Turning Point provides both mental health and substance use disorder services at their
First Street Center as well as assessments and limited outpatient services at probation's
Winery Avenue site. Turning Point prmndes a full array of services to include, outpatient
mental health and substance use disorder treatment . full services partnership services
for severely mental ill clients residential treatment sober living housing. The contact
was expanded on September 11 . 201 :2. due to the increased need for residential and
treatment beds for offenders
---·-------·----------. Mul~i-Agency Adult Compti~n~ Te_a_m ___________ ___
The Fresno County Adult Compliance Team (ACT) became operational in November of
2011 and presently consists of two Fresno County Probation Officers . one Fresno City
Police Officer, one Clovis City Police Officer, one Fresno County District Attorney
Investigator and one Fresno County Sheriff's Sergeant. This team is multi-purposed: to
enforce conditions of supervision : 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 tor
dissemination of offender information· to respond rapidly with knowledge and
information about the offe nders in such c ase a s emergency situations may arise
stemming from this population as well as the need to mitigate the need for custodial
services .
In the Implementation Plan of 20 1 1 , there was no provision made for overtime and
training costs . On February 27, 2 01 3 the CC P did approve the addition of these costs
to the plan.
EXHIBIT A
. __ ,, ___ .. -··-··-----·---------·-------.
Pending Contracts
At the Community Corrections Partnership meeting on February 27. 2013 the CCP
approved funding for two add1t1ona l contracts for offender services in keeping with the
intent of the AB 109 legislat,on that would create . expand and implement community
and agency resources for the offending populations
Counseling Services
The first allocation was for 1n custody. out of custody and pretrial counseling services .
The purpose of the contract is to provide services designed to reduce recid1v1sm by
targeting behaviors that iead to or continue criminal behavior through the provision of
counseling services to identified offenders in the AB 109 population The contractee
wou ld 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 relea sed from the jail. The program would be developed around the
identified and assessed needs of the offender and with the direction of a probation
officer or case manager in the jail.
Homeless Offende r Serv es
The needs of tne home e s offender are broad and encompass many areas Collective
priorities in our community and literature on evidence based practices support the need
for homeless offenders that do not qualify for mental health and substance abuse
consideration. The purpose of the contract would be to provide seNices for unmet
needs for those being released from prison (PRCS) the transition pod at the jail
including tran sitional res1dent1a! housing. those who become homeless while under the
supervision of the probation department and those offenders who could quality for pre-
trial release with a requisite residence requirement. In additional seNices designed to
divert offenders from the cvcle of incarceration and homelessness through supportive
and evid ence based programing in conjunction with transitional housing with homeless
participants would be a requisite part of the program
Employment Assista nce
In addition to the above newly approved Reqllest for Proposals . the Community
Corrections Partnership has authorized a shift in dedicated monies to an expansion of
services for job training and assistance for the AB 109 population A contract to
address and expand Job training would allow for on-site assistance at the 'one-stop '
center for offenders to coincide with other needed seNtces. The purpose of the contract
would b e to provide employment s e rvices for offenders that have little to no work
experience , have difficulty keeping a job, assist with workplace technology and
counseling services including substance abuse education and social work services that
focus on job retention
7
EXHIBIT A
....--------------------------------··
i L-....-__ __ _ Discus~_ion of Program q.e_~rations Sinc __ e_2_0_1_1 ________ _j
Pretrial Services Prograr
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 Virginia Model of Assessment (VMI) with supe,rvision
services that include GPS monitoring and tracking. Assessment services (STRONG)
are also being completed on AB 109 supervised offenders as iden tified in the
Implementation Plan
Automated Voice Calling (AVC)
The evidence based practice shown to be effective 111 court processing of offenders is
the automated telephonic ·remmder' service. as discussed in the original implementation
plan , became operational ,n July 2012. Automated calls to defendant's homes
providing a court hearing notice as provided by In Touch have attempted over 44, 000
automated voice contacts (AVC) to defendants in Fresno County Courts.
Sub-Committees to the Community Corrections Partnership
In the Implementation Plan of 201" one treatment oriented subcommittee was identified
for support of the AB 109 plan . Since that time . subcommittees have been formed that
focus on the specialized community and offender ,ssues of AB 109 as well as provide
collaboration , mformat1on and assistance to the CCP.
These standing committees are . Fiscal Review and Audit: Community and Custody
Resources : Victim/Mandates Incarceration and Capacity : Technology, Courts;
Resea rch and Evaluation: and the Adult Compliance Team Review Committee . The
committee members are present at each CCP meeting and report out on work that has
been accomplished in the interim between CCP meetings or on specialized tasks at the
direction of the CCP .
Data Collection
The firm of Owen Research and Evaluation (ORE) was hired by the CCP th rough
contractual agreement to provide the CCP evaluative services as required and
approved in the AB 109 Implementation Plan fo1 Fresno County. The overall focus of
activity ha s been to create an objective and evidence based evaluation and quality
assu rance plan for the county. ORE continues the process and is in the development of
an analytic report to compare descriptive data to outcomes which will completed once
the fil ing data for the county is finalized
Additional objectives are to assess the effectiveness of the county's implementation
plan and the impact on pubhc safety of released off enders from state prison to the
supeNision and custody of Fresno County: to review the programs as selected and
implemented for the most eff1c1ent and effective outcomes and to provide i nformation to
the CCP that will assist in informed decision making .
sf
EXHIBIT A
Status of Implementation Plan Programs ___ 2 0 1 ~
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 accomphshed 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 iocal 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 fittin g 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 ph1losophica1 and operational programs necessary to reduce the
crime and recidivism while promoting a reduction in criminal victimization and increased
public safety .
9
EXHIBIT A
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -znct Update
Executive Committee of the community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
l Sheran Morton, Court Executive Officer, Fresno County Superior Court
Sheriff Margaret Mims , County of Fresn o
Elizabeth Egan, District Auorney, Counly o f Fresno
Elizabeth Diaz, Publi c Defender. County of Fresno
Je r ry Dyer, Chief of Polic e, City of Fresno
Dawan Utecht, Director, Be havioral He alth, County of Fresno
EXHIBIT A
-· -• ----• --• ····-·-··--·-·--·--. ••• ··-_,. ••• - - -••• - •• --------···· • 1
Background
AB 109
The Public Safety Realignment Act
Second Update to the 2011 Implementation Plan
County of Fresno
October 2013
In the original legislation under AB 109 in 2011. Section 1230 .1 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. (b) The plan shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of the Chief Probation Officer of the
county as chair, a Chief of Police , the Sheriff, the District Attorney, the Public Defender,
Presiding Judge or his designee , and one department representative listed in either
subparagraph (G) (H) or (J) of paragraph (2) of subdivision (b) of Section 1230 as
designated by the County Board of Supervisors for related to the development and
presentation of the plan . (c) The plan shall be deemed accepted by the County Board of
Supervisors unless the Board rejects the plan by four -fifths of the Board, in 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 maximum the effective investment of criminal justice resources in evidenced-based
correctional sanctions and program including , but not limited to day reporting centers,
drug courts, residential multiservice cente rs , mental health treatment programs.
electronic and GPS Monitoring Programs , victim restitutions programs, counsellng
Programs, community service programs, educational programs and work training
programs."
On August 19, 2011, the rresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act. Assembly Bill (AB)
109 Implementation Pian 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 l mpiememation Plan and the associated budget and resolutions
were approved . The Plan has oeen operatior,al since that time.
Again on March 15, 2013, tl'~e Community Corrections Partnership approved an update
to its existing plan ar;d April 23. 2013, the Plan Update and associated Budget and
Salary Resolutions were movea to the Fresno County Board of Supervisors which were
approved. In a budget wort<shop on Oc:nbe~ 1. 2013 the CCP accepted proposals for
modifications to the Plan ana on October 15, 2013, the CCP approved funding for the
proposals consistent with the or iginal intent of the legislation and the Fresno County
Plan.
21 r~--<~·
:
EXHIBIT A
The plan continues to undergo modifications to increase and maximize the effective
investment of criminal justice resources in eviaence-based correctional sanctions and
programs for public safety. In keeping with the legislation as to reporting changes in
county CCP operational plans and services , this second update to the original plan
delineates changes and modifications to the original 2011 plan for the County of Fresno
as approved by the CCP on October 15, 2013 .
Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing. Due to the additions and changes that have occurred in the operation of
AB 109 programming, a second update to the plan is required for the Community
Corrections Partnership (CCP) as well as the attendant budget and salary resolutions
that will be reviewed by the Fresno County Board of Supervisors following CCP
approval.
Based on a determination of needs as ascertained through the operation of the AB 109
programs locally, and on the presentations made to the Community Corrections
Partnership, there are several noteworthy additions and modifications to the 2011
approved plan.
---.---·----
Fre_sr.o County Probati~~ Department
Data Collection and Evaluation Positions
Aft.er 18 months of Realignment in Criminal Justice in California, the need to collect
local data at the County level that is consistent, timely and useful data across multiple
agencies , systems and contractors has become critical. With the advent of data based
decision making and requirements at the state and local level, processes have changed
significantly in the area of data and information collection. In addition, the introduction of
proposed expansion of research efforts on multi-levels including the PEW-supported
Results First Initiative, the Pubhc 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 qJality data sets for the County and its multiple agencies
requiring the data for use in 2. numbei of efforts. While the County has contracted for
research and data analysis 1Nith an ol.ltside agency, the need for ongoing institutional
management or mar.y levels er data and coordination of data efforts between the
agencies is a critical need . : wo data pos:t~cns were needed to meet the growing and
continuous needs of public safety rea '.ignment: a data manager and a data collector.
Two Fresno County appro'.ed cor:espcnoir.g positions have been identified; an
Information Technology Analys: and 2 P~ograrn Technician.
Data continues to be needec ~r:Jm the following agencies: Adult Probation, APS data
base; District Attorney's Offi:::e , ST AR data processing system; Superior Court, V2
system; County Jail, Offer.de~ Track; County Behavioral Health and Private Provider
case files. The end prc.:1u~~ .::-f these systems coordinating with each other would be
EXHIBIT A
excel data sheets that allow merging based on unique identifiers for the use of all data
reporting requests and agency needs.
The data manager will be responsible for collaborating with research partners and
justice agencies to identify and develop data set requirements, contents and schedules .
The data manager would work with both County and contract provider partners to obtain
requested data. These county partners include Probation. Sheriffs Office (Jail IT), and
the DA's Office, Behavioral Health , the Superior Court and others . Contract providers
would include any agency or entity that provides services to the realignment effort.
Other critical data manage, d t..bes wou ld include : locating missing data , reconciling
conflicting data and merging data sets . This person would also work directly with the
CCP Research and Evaluatior. SL..bcommittee .
Qualifications shoula include knowledge of realignment and criminal justice and
knowledge and ex1ensive expe:ience ir. diverse data sets with computer, software and
statistical skills . The Data Cci:ector position will provide data entry support to overall
realignment data efforts. !n addition fur.ding was increased for IT consultant services as
needed.
r·----------·-. - ---------------·····--- . --· ·----,
L......._ _____ _ Fr esno County s:1enff's Office ---------
Jail Records Positions
With the implementation of AB 109 locally. there was a significant increase in long-term
commitments and with them . an influx of legal and judicial documents. The Jail is now
the custodian of records for ail AB 109 commitments. Processing the commitment
packets that are foiwarded by the court requires consistency and specialized training.
Staff are required to calculate and enter a variety of sentencing adjustments pursuant to
Penal Code Sections 4019 and 4019.2 . Jal! Re cords is also required to compile PC
969b prior conviction reports for the courts . In order to do so , staff must perform a
substantial amount of specialized resear~h on each commitment packet file. All of the
additional AB109 paper.vork and tasr-s relc.ted to processing additional papeiwork
significantly overtaxed limited resources
The Community Correctl:ins Partners hi;'.) a;Jproved funding for 4 Program Technician
positions. The positior.s are subject t o Fresno County Personnel's review of the
classifications to be used t c address j a il rec:::irds needs that are based on increased
workload from AB 109 offe:1de rs. The appropriation from the CCP was $164,000 for the
remaining fiscal year and ; $328 .000 for a full fiscal years funding.
4 I :·· ~. ,~ -::
EXHIBIT A
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 provid e 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 fo.r offenders
to reduce recidivism and that employment training is a critical element of rehabilitation.
The purpose of the contract would be to provide employability services for offenders
that have little to no work experience, have d ifficulty keeping a job , assist with
workplace technology, employability and job placement services. Ancillary services as
to coaching , counseling services including substance abuse education and social work
services that focus on pro-social development to increase job retention would also be
part of the contract . The Community Corrections Partnership has allocated
approximately $400,000 for this RFP.
Discussion of Program Ope ·a ions since 2011 Data Collection
The firm of Owen Research and Evaluation (ORE) was hired by the CCP through
contractual agreement to provide the CCP evaluative services as required and
approved in the AB 109 Implementation Plan for Fresno County. The overall focus of
activity ha s been to create an objective and evidence based evaluation and quality
assurance plan for the county . ln addition, the introduction of proposed expansion of
research efforts on multi-levels including the PEW -supported Results First Initiative ,
the P ublic 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 re leased
to the CCP in October of 2013 and is available on the Fresno County Probation website .
EXHIBIT A
Status of Implementation Plan Programs: November, 2013
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for implementation have been realized and the overall tenure and
direction of the CCP has been accomplished . Under the guise of both accountability
and evidence based practices and principles consistent with public safety, programs
identified for initial imp lementations have been enacted .
Since inception . the direction and goa1 of the :=:resno County Community Corrections
Partnership as established under AB 109, has been the successful implementation of
the legislation with the ccnsideration of the -nique local issues that may impact offender
achievements and pub ti c safety. A baianced 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 modificati ons ana add:tions lo the Fresno County AB 109 operational plan
serve the needs of t:1e co..i :-.~y . :he C.Jrr.munity Corrections Partnership of Fresno
County is committed to pi1il c sophica l a:ic operational programs necessary to reduce the
crime and recidivism whila ~r omcting a reduction in criminal victimization and increased
public safety.
EXHIBIT A
Attachment "A,,
The Public Safety Realignment Act
AB 109
Imp lementation Plan 2014 -3rd Update
.o rrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresn o
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizab e th Egan, District Attorney, County of Fresno
Elizabeth Dia:l, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Da w a n Utecht, Director, Behavioral Health, County of Fresno
EXHIBI T A
-·---------·---·-----------·-·-·-. -·---·-----·-·----------·--------·---·-·. -----·------------------------------·------'
I
I ;
AB 109
The Public Safety Realignment Act
Third Update to the 2011 Implementation Plan
County of Fresno
November 2014 ........ _ ....... -------...... _______________ ·-·---·-·-. -
Background
In the original legislation under AB 109 ,n 20 11, Section 1230.1 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. The plar shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of the Chief Probation Officer of the
county as chair, a Chief of Police, the Sheriff, the District Attorney, the Public Defender,
Presiding Judge or their designee, and one department representative listed in either
subparagraph {G) (H) or (J) of paragraph {2) of subdivis ion (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 Boa rd, in which case the plan goes back
to the Community Corrections Partnership for further consideration. Consistent with
loca l needs and resources the plan may include recommendations to maximize the
effect'ive investment of criminal justice resources in evidenced-based correctional
sanctions and programs includ ing, but not limited to : Day Reporting Centers, drug
courts, res idential mult1serv1ce centers . mental health treatment programs, electronic
and Global Positioning System {GPS) monitoring programs , vict im restitution programs,
counseling programs . community s ervice programs, educational programs and work
training programs .
On August 19, 2011 , the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly B ill (AB )
109 Implementatio n Plan for 20 1 1. On Se;Jtember 13, 2011 the CCP moved the
Implementation Plan and associate d Budget and Salary Resolutions to t he Fresno
County Bo ard of Supervisors tor approval of the plan pursuant to Assembly Bill (AB)
117. On that date, the Implementation Plan and the associated budget and resolutions
were approved . The Plan has been operational since that time .
Modifications t 20 1 Pl a n
Due to the need for modifications of t he original plan , in March, 2013 the first amended
plan was approved by the C C P a nd the update d plan and associated budget and salary
resolutions moved to the Board of Supervisors and were approved in April 2013. In
October 2013 the sec ond a-nended plan was approved by the CCP and moved to the
Board of Supervisors with the associated budget and salary resolutions approved in
January 2014
21Pag e
EXHIBIT A
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 re porting changes in
county CCP operational plans and seNices, this third update to the orig inal 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
a re 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 SupeNisors following
CCP approva l.
Based on a determination of needs as ascenained through the operation of the AB 109
programs locally , and on the presentations made to the Community Corrections
Partnership , there are several noteworthy additions and modifications to the 2011
approved plan .
Fresno County Sheriffs Office
IT Support Position
Due to increasing workload for various research activities associated with the operation
of the AB 109 prografll. the Sheriff's Office requested an IT support position which was
approved to provide custom application development to integrate jail program services
data and customize report programm ing. The Community Corrections Partnersh ip has
allocated $98 ,011 for this position .
.._ _____ P_e_n_d_in-"gc._Additional A~ions/R~quests for Proposals (RFPs)
The Community Corrections Partnership approved funding to move forward with
Requests for Proposals for additional contracts for offender se01ices in keeping with the
intent of the AB 109 legislation . These allocations crea te . expand and implement
community and agency resources ~or the identified populations.
Domestic Violence Services
The purpose of the contract would be to provide both batterers intervention treatment
and holistic counseling services for offe nders and family members that would reduce
recidivism and increase offenders· chances of success in the community as well as
improve family functionality. The services could i nclude parenting and anger
ma nagement classes as well as individual counseling . The contractee would be
31Pag e
EXHIBIT A
expected to provide services through case managed supervision, at various locations in
the county for both Post Release Community Supervision {PRCS) and AB 109
offenders released from the jail The program would be developed around the
identified and assessed needs of offenders and with the 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 plan -2nd update. However, implementation required
further refinement of the serv ices , which has been identified and will be inclu ded in the
proposa l.
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 part icipating on the Adult
Compliance Team. The cost approved for the addition of the two law enforcement
officers is $283,000 per year.
ln addition. funding was expanded to provide additional training for officer safety, team
tactics . and training on current criminal behavioral trends . Funding was increased for
training by $15,000 per year.
Re -entry Services
The Community Corrections Partnership allocated funding for the development of
beha vioral modification programs and behavioral cognitive therapies to address criminal
thinking and de~institutionalizing habits and mindsets of offenders to be delivered in
both case managed services in the community and at the jail for reali gned populations .
This program wilt provide an array of workforce development services gea red to
increase skills acquis ition and improve the chances of successful employment
outcomes . In addition , the program wilt target employers that have been locally
determined as high-growth and high-demand in order to create opportunities for self-
sufficiency and career advancement for the "hardest to employ" population . The CCP
ailocated $276 ,944 for an RFP for services . Funding for employment services was also
approved as pan of the CCP plan -2nd update . However, implementation required
further refinement of the services . which has been identified and will be included in the
proposal.
Status of Implementation Plan Programs: ~ovember 2014
A review of the 2011 lmpiementation Plar. for Fresno County at the present time reveals
that programs slated for implementation have been or are being imp leme nted and the
overall tenure and direction of th e CCP has been accomplished. Under the guise of
both accountabili ty and evidence-based prac~ices and principles consistent with publi c
safety , programs identified for initial implementations have been enacted .
Since inception. the direction and goal of the Fresno County Community Corrections
Partnersh 'p as establish ed under AB 109 , has been the successful implementation of
4j Page
EXHIBIT A
the legislation with the consideration of t~E! Ln:qL.e local issues that may impact offender
achievements and public safety A ta :anced approach has been struck that affords
offender accountabil,ty witr the jcvefopment of community corrections fitting the needs
and identified correctior-al issues of this county .
The new modif:cations ar.d additions to the Fresno County AB 109 operational plan
serve the needs at the c::i1..::ty. The Cc1YJrr;urity Corrections Partnership of Fresno
County is cor.imittec tc i:;:-ii:os::;pr 1::::a! a1d ope:aticina! programs necessary to reduce the
crime and rec1d1v1srr. wh !G pr:irr.,ting 2. ·c·c"c cr1 ,r cnmmal victimiLation and increased
public safety.
SI Page
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
February 2012
OPERATIONAL GUIDELINES AND PROCEDURES
Fresno County Probation Department
Fresno County Sheriff's Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Department
Exhibit B
l
I. PURPOSE
This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and cooperative
effort. Additionally, it formalizes relationships between participating agencies for policy and planning in
order to create a cooperative unit capable of addressing the public safety concerns and issues facing
local law enforcement in Fresno County regarding probation, post release community supervision
{PRCS), and mandatory supervised release that may occur due to the passage of the Criminal Justice
Realignment Act {AB 109} effective October l, 2011.
II. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure offender
accountability, surveillance, and supervision through mobile, intensive and evidence based
practices leading to enhanced public safety and offender compliance.
Ill. GOALS
A. To reduce the occurrence of new criminal acts by targeting offenders on probation, post
release community supervision, and mandatory supervised release with intensive
surveillance by peace officers dedicated to enforcement of conditions of release.
B. To identify supervised offenders who are not meeting their conditions of release in
order to ensure compliance.
C. To mitigate the need for custodial sanctions through appropriate early interventions.
0. To document trends in the realignment population and respond efficiently to emerging
trends that adversely affect public safety.
E. To gather, collect, and provide information and direction regarding the post 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 responses including searches as authorized by the terms
of release 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
2
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 release by the Fresno County Probation
Department.
To this end, the participating agencies developed these operational guidelines and procedures
concerning the formation of the Adult Compliance learn. The participating agencies agree
jointly and separately to abide by these terms and provisions set forth throughout the
formation of the joint operation.
V. ORGANIZAllONAL SlRUCTURE
The Adult Compliance Team will be co-located at the Fresno County Probation AB-109 Unit. The
team will be under the administrative direction of the Probation Division Director who
maintains responsibility for the Adult Probation Field operations.
The team will consist of sworn officers from the following agencies: two (2) deputy probation
officers from the Fresno County Probation Department; one (1) police officer from the Fresno
Police Department; one (1) police officer from the Clovis Police Department; one (1) police
officer from the Selma Police Department; one (1) senior district attorney investigator from the
Fresno County District Attorney's Office; and one (1) sergeant from the Fresno County Sheriff's
Department. Dependent upon future funding, the size of ACT may fluctuate according to the
number of officers and agencies.
Under the policy and planning direction of the Community Corrections Partnership {CCP), ACT
will utilize an Advisory Sub~Committee of CCP.
A. Policy and Direction
The CCP Executive Committee will establish policy and set direction for ACT consistent with the
Mission and Goals stated in this document.
8. 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. Appointments to and removal from the ACT Advisory Sub-Committee and
appointment of a Sub-Committee Chairperson will be made by the CCP Executive Committee.
C. Operations Commander
The assigned Fresno County Shertffs Department Sergeant will be the day-to-day operations
commander and responsible for overall coordination of tactical field operations.
3
The Operations Commander has overall responsibility for the operation of ACT. The Operations
Commander is accountable to the CCP Executive Committee for implementing direction set by
them. The Operations Commander will liaison with individual members of the ACT Advisory
Sub·Committee, and will attend meetings of the CCP as required.
D. Probation Department
All probation conditions and release compliance remains the responsibility of the AB 109
probation officer assigned to a specific offender. These conditions are predetermined before
release from custody to probation, post release community supervision or mandatory
supervised release . The offenders will be under the supervision of their assigned probation
officer or ACT probation officer.
VI. OPERATIONS
A. Supervision and Field Responsibility
The use of surveillance, supervision, and field contacts will be established in conjunction with
Fresno County Probation Department policies and as established by the CCP Executive
Committee, ACT Advisory Sub-Committee, and policies and procedures of general law
enforcement accepted practices as established by statute and case Jaw.
B. Records and Reports
All reports created by ACT related to contacts with those offenders under probation
supervision, post release community supervision, and mandatory supervised release will be
entered into the Adult Probation System (APS). All agencies participating on the ACT will have
full access to Sharen et and the information in APS. Information sharing with other law
enforcement agencies regarding offenders under probation supervision, post release
community supervision, and mandatory supervised release allowing for appropriate law
enforcement response is a priority for ACT .
Any additional crime, arrest, or incident report wilt be documented by the primary investigative
officer through the use of their own departmental report writing system.
VII. ADMINISTRATION
A. Financial Administration
Financial administration of ACT funds allocated by the CCP Executive Committee will be the
responsibility of the Fresno County Probation Department Business Office through the duration
ofthe program. In addition, the allocation and management of funds are guided by Fresno
County Fiscal Policy and under the review quarterly of the CCP Finance and Audit Sub-
Committee for presentation to the CCP.
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B. Vehicles
Vehicles will be provided for probation staff and for participating law enforcement officers as
specified in the final approved budget of the CCP and Fresno County, for use in executing the
mission of ACT.
C. Communications
Each participating law enforcement agency will provide communications equipment for its own
personnel. Each agency is responsible for its interagency communication operability. The
policies and procedures of each agency will govern communication by its own personnel. The
Fresno County Sheriff's Dispatch will be the primary contact for operations of ACT
0. Firearms
Each participating law enforcement agency will provide all necessary firearms for its own
personnel. The policies and procedures of each agency will govern the use of firearms by its
own personnel.
E. Equipment and Property
Any property, equipment or other items acquired with funds allocated by the CCP Executive
Committee shall be the property of ACT. Upon termination of participation in ACT, each agency
shall return all property of ACT, which shall be distributed as determined by the CCP Executive
Committee.
F. Training
ACT assigned officers will complete training as required by their respective agencies and as
approved by the Operations Commander and each law enforcement agency. Training will
include training in Evidence Based Practices defined as supervision policies, procedures,
programs, and practices demonstrated by scientific research to reduce recidivism among
individuals under probation, parole, or post release community supervision.
G. Personnel Management
The selection of ACT members wifl be made by each participating agency. If any ACT policies
and procedures conflict with any of the participating agencies' policies and procedures, notice
of said conflict shall be immediately given to a supervisor. The supervisor will take whatever
action necessary to reconcile the conflict.
Each participating agency retains full responsibility for the professional and personal conduct of
its own personnel assigned to ACT. Each participating agency will follow their agency
directives/MOU for working modified schedules .
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VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as policies
and procedures that may be required by participation in ACT.
There are a number of administrative issues or situations pertaining to individual team
members which will, or may, arise. Those include, but are not limited to:
a. Citizen Complaints
b. Employee Evaluations
c. On-Duty Motor Vehicle Accidents
d. Injuries Sustained on Duty
e. Officer-Involved Shooting
f. Discharge of Firearm
g. Vehicle Pursuits
h. Use of Force
Each participating team member's agency has in place an administrative process for addressing
the situations listed above. Should these situations occur, ACT will immediately notify the
involved officer's agency. It will remain the responsibility of the involved officer's agency to
address those situations pursuant to their own administrative process. All .agencies involved in
a critical incident will have the opportunity to observe other agency interviews with their own
employees.
IX. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to these
Operational Guidelines and Procedures by submitting it at any regular meeting of the ACT
Advisory Sub-Committee. The proposed amendment would be submitted to the Executive
Committee of the Community Corrections Partnership for their approval.
X. TERMINATION OF PARTICIPATION
An agency shall terminate participation in the following manner: delivery of written notice to
COUNTY, to the Chairperson of the CCP Executive Committee and to all other participating
agencies, with termination to be effective 60 days after delivery to COUNTY.
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