HomeMy WebLinkAboutAgreement A-16-018-2 with City of Clovis.pdf1
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Second Amendment to Agreement with City of Clovis #16-018
SECOND AMENDMENT TO AGREEMENT
3 THIS SECOND AMENDMENT TO AGREEMENT ("Second Amendment") is made
4 and entered into this_ day of . 2016 , by and between the COUNTY OF
5 FRESNO, a political subdivision of the State of California , hereinafter referred to as "COUNTY,"
6 and the CITY OF CLOVIS, a municipal corporation. hereinafter referred to as "CONTRACTOR."
7 W I T N E S S ET H:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 16-018
9 on January 12, 2016 ("Agreement"), pursuant to which CONTRACTOR agreed to assign one (1)
10 City of Clovis Police Officer ("Police Officer") to be responsible for fulfilling the responsibilities of an
11 Adult Compliance Team (ACT) member, as set forth in the Public Safety Realignment Act
12 Assembly Bill 109 Implementation Plan (AB 109 PLAN); and
13 WHEREAS, a First Amendment to this Agreement ("First Amendment") was
14 approved on June 7, 2016 by the Board of Supervisors which provided funding for additional
15 overtime for FY 2015-16 in the amount of Five Thousand dollars ($5 ,000) and included funding for
16 the Police Officer for Fiscal Year 2016-17 in the amount of One Hundred Ninety Nine Thousand
17 Sixty-One dollars ($199,061); and
18 WHEREAS, the COUNTY and CONTRACTOR now desire to further amend the
19 Agreement to increase the maximum compensation for Fiscal Year 2016-17 to cover the
20 assignment of a second Police Officer from the City of Clovis to the ACT.
21 NOW, THEREFORE, for good and valuable consideration, the receipt and
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adequacy of which is hereby acknowledged , COUNTY and CONTRACTOR agree as follows :
1. Section 1. OBLIGATIONS OF THE COUNTY, beginning on Page 1 of the
Agreement, is deleted in its entirety and replaced with the following :
"1 . OBLIGATIONS OF THE COUNTY
For Fiscal Year 1 of this Agreement, running from July 1, 2015
through June 30 , 2016 , COUNTY s hall compensate and remit to
CONTRACTOR , for actual services provided and in accordance with the terms
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"2 .
Second A me ndment t o A gree ment w ith C ity of C lovi s #1 6-018
herein, an amount equal to the cost of (1) Police Officer for assignment to the
ACT. For Fiscal Year 2 of this Agreement, running from July 1, 2016 through
June 30 , 2017, COUNTY shall compensate and remit to CONTRACTOR, for
actual services provided and in accordance with the terms herein , an amount
equal to the cost of (2) Police Officers for assignment to the ACT
2 . Section 2 . OBLIGATIONS OF THE CONTRACTOR, set forth on Page 2 of the
Agreement, is deleted in its entirety and replaced with the following :
OBLIGATIONS OF THE CONTRACTOR
For Fiscal Year 1, CONTRACTOR shall assign (1) Police Officer to be
responsible for fulfilling the responsibilities of an ACT member, as set forth in
the AB 109 PLAN , including by way of example, pages 15 and 16 of the 2011
version thereof, and in accordance with the ACT Operational Guidelines and
Procedures , both attached hereto as Exhibits "A " and "B ", respectively, and
incorporated herein by reference .
For Fiscal Year 2 , CONTRACTOR shall assign (2) Police Officers to
be responsible for fulfilling th e resp o nsibilities of an ACT member, as set forth
in the AB 109 PLAN , including by way of example, pages 15 and 16 of the
2011 version thereof, and in accordance with th e ACT Operational
Guidelines and Procedures, both attac hed hereto as Exhibits "A" and "B ",
re spectively, and incorporated herein by refere nce.
In the event that the AB 109 PLAN is revised by the CCP, and
approved by the Fresno County Board of Supervi s ors , the responsibilitie s of
th e Police Office rs assigned under this Agreement may be modified
accordingly. Should such modification result in additional costs to
CONTRACTOR, the maximum reimbursem e nt for services rendered under
this Agreement by CONTRACTOR may only be increased in accordance
with Section 7 of this Agreement."
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3.
Second Amendment to Agreement with City of Clovis #16-018
Section 5, COMPENSATION/INVOICING of the Agreement, on Page 3, is
deleted in its entirety and replaced with the following:
"5. COMPENSATION/INVOICING
COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees
to receive compensation as follows:
CONTRACTOR shall submit quarterly invoices for actual expenditures
to the County of Fresno Probation Department at:
Probationlnvoices@co.fresno .ca .us . Invoices must be submitted on or after
the dates of October 1, 2015; January 1, April 1, July 1,and October 1, 2016 ;
and January 1, April 1 and July 1, 2017, respectively. Each invoice shall
include a breakdown of expenses identified in the final approved budget of
the CCP in the County of Fresno for use in executing the mission of ACT.
Payments by COUNTY shall be made in arrears, for services
provided during the preceding three (3) month period, and made within 45
days after receipt and verification of CONTRACTOR's properly completed
invoices by COUNTY's Probation Department. If CONTRACTOR should
fail to comply with any provision of this Agreement, COUNTY shall be
relieved of its obligation for further compensation.
Upon any termination of this Agreement, CONTRACTOR shall be
compensated for costs incurred under this Agreement, up to and including
the date of termination . The terms of this Section 5 shall survive the
expiration or earlier termination of this Agreement.
In no event shall compensation of costs for services performed
under this Agreement be in excess of $177,738 for Fiscal Year 2015-16
and $380 ,444 ($199,061 for (1) Police Officer and $181,383 for the second
additional Police Officer) for Fi sca l Year 2016-17. The maximum amount
payable by the COUNTY to the CONTRACTOR under this Agreement for
the two (2) year contract term is $558, 182."
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Second Amendment to Agreement with City of Clovis #16-018
1 COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to
2 amend the Agreement and that upon execution of this Second Amendment, the Agreement, the
3 First Amendment and this Second Amendment together shall be considered the Agreement.
4 The Agreement , as hereby amended , is ratified and continued . All provisions ,
5 terms, covenants , conditions and promises contained in the Agreement and not amended
6 herein shall remain in full force and effect.
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Second Amendment to Agreement with City of Clovis #16-018
1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written .
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CONTRACTOR
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5 ~--+ lo 1+=~~~~~==~--~--------------Robert Woolley
6 City Manager, City of Clov1s
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DATE :
APPROVEDASTOLEGALFORM
1 0 David J. Wolfe , City Attorney
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13 ATTEST:
JOHN HOLT, C ity Clerk
14 City of Clovis
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PLEASE SEE ADDITIONAL
25 SIGNATURE PAGE ATTACHED
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COUNTY OF FRESNO
£ ..
Ernest Buddy Mendes
Chairman , Board of Supervisors
DATE :
ATTEST:
Bernice E. Seidel , Clerk
Board of Supervisors
Second Amendment to Agreement with C ity of Clovis #16-018
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2 First Amendment to Agreement between the City of Clovis
and the County of Fresno to participate on the Public Safety
3 Realignment Act (AB109) Adult Compliance Team
2015-2017
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5 REVIEWED & RECOMMENDED
FOR APPROVAL:
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13 APPROVED AS TO LEGAL FORM
Daniel Cederborg , County Counsel
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APPROVED AS TO ACCOUNTING FORM
Oscar J. Garc ia, CPA
Auditor-Controll er, Tax Collecto r
25 FOR ACCOUNTING USE ONLY :
26 FUND:
ORG:
27 SUBCLASS:
ACCOUNT:
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0001
34309999
10000
7295
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EXHIBIT A
The Public Safety Realignment Act
AB 109
Implementation Plan 2011
County of Fresno
Executive Committee of the Community Corrections Partnership
Linda Penner, Chief Probation Officer, County of Fresno (Chair)
Hon. Gary Hoff, Pres iding Judge, Fresno Co unty Superior Court
Sheriff Margaret Mi1ns, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Kenneth Taniguchi, Public Defender, County of Fresno
Jerry Dyer, Chief, Fresno Police Department
Donna Taylor, Director, Behavioral Health, County of Fresno
...
EXHIBIT A
The following statement was developed and approved by the Executive Committee of
the Fresno County Commu nity C o rrections 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
appears that this initial funding is inadequate to accomplish tha spacifiad objectives of
realignment or to establish the fram ework necess ary to implement the Community
Corrections Partnership within the aggressive time line set by the State of California.
The Fresno County CCP is concerned that the state of California significantly
underestimated the population to be realigned to Fresno County. The funding is
disproportionate to the task required which inhibits the CCP from fully providing the
safest possible realignment for ou r c o mmunity.
In order to provide maximum safety with in our community, this plan will e nsure
offenders are held accountable by placing an e mphasis on incarceration and
supervision , while at the same time providing services to offenders that will ensure the
highest probability of succeeding."
AB 109
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 Rea lignment Act (Assembly Bill 109) was
signed into law on April 5, 2011 . AB 109 transfers responsibility for supervising
spec ified lower level inmates and parolees from the California Department of
Corrections and Rehabilitation to counties . Impleme ntation of the Public Safety
Realignment Act is scheduled for October 1. 2011.
Additionally , Section 1230 of the California Penal Code is amended to read "Each
county local Community Corrections Partnership established pursuant to subdivision (b)
of Section 1230 shall recomm end 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 Co rrections Partnership
consisting of the Chief Probation Officer of the county as chair. a Chief of Police, the
Sheriff, the District Attorney, the Public Defender, presiding Judge or his or her
designee, and the department representative listed in either section 1230 (b) (2) (G),
1230 (b} (2) (H), or 1230 (b) (2) (J) as designated by the county board of supervisors for
purposes related to the development and presentation of the plan . (c) The plan shall be
deemed accepted by the County Board of Supervisors unless rejected by a vote of
4/5ths in which case the plan goes back to the Community Corrections Partnership for
further consideration . (d) Consistent with local needs and resources , the plan may
include rer.ommP.nd:.ition s to m 3ximize the effective inve~tment of c~imin~I jw:,.tic A
resources in evidence-based correctional sanctions and programs, including , but not
limited to , day reporting centers, drug courts , residentia l multi-service centers, mental
health treatment programs . electronic and GPS monitoring programs , victim restitution
programs, counseling programs , community serv ic e programs, educationa l programs ,
and work training programs ."
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 sta te prison.
Some offenses , including serious, v iol e nt 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 c ommunity supervision
wh ile the Board of Parole Hearings w ill conduct parole violation hearings in jail.
Changes to Custody Credits: Jail i nmates will be able to earn four days of credit for
every two days served . Time spent on home detention (i.e ., electronic monitoring) is
cre dited as time spent in jail custody.
Alternative Custody: Penal Code Section 1203.018 authorize s electronic monitoring for
inmates oerng ne1a In me county Jal! 1n 11eu or oa11 . E11g101e inmates must first oe ne1a 1n
custody for 60 days post-arra ignment , or 30 days for those charged with misdemeanor
offenses.
Community-Based Punishment: Authorizes counties to us e a rang e of community based
punishment and intermediate sanctions other than j ail in carceration alone or traditional
rou t ine probation supervis ion .
EXHIBIT A
Background and Information
This historic legislation sets into motion a number of fundamental changes related to the
incarceration , supervision and trea tm ent of a designated group of offenders and
provides Fresno County with the ability and limited funding to provide correctional
services. AB 109 offers support for community corrections and its multiple goals of
offender accountability , surveillance and supervision as well as fiscal accountability.
AB 109 reduces the number of offenders incarcerated in the state prison and releases
offenders convicted of specified felonies (low risk sexual offenders defined by Static 99,
non·violent offenders and non-serious offenders) to counties of commitment. It also
changes the California Penal Code and sentencing practices to keep these offenders of
specified felonies from being committed to state prison .
Community Corrections as detailed in the Realignment Act are non.prison sanctions
imposed by a court that move offenders through a system of services that are evidence
based and available to those who will most likely benefit from them thereby redeeming
both offenders and economies. The magnitude and scope of the legislation has
required a paradigm shift for the criminal justice system in Fresno County . The justice
partners in conjunction with the Community Corrections Partnership stand ready and
competent to provide for public safety services mindful of the realignment focus on
evidence based practices and solutions for alternatives to incarceration and reentry
joined with public safety services .
rn Octoner 20·1 ·1 mroug n octooer or 20-13, Fresno county w,11 receive ·, ~96 returning
offenders from the California Department of Corrections and Rehabilitation for post
release supervision services. In addition , with the implementation of sentencing
reforms. those offenders convicted of specified f e lonies 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.
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 is informed and based on the already established and verified body
of knowledge of evidence based practice, principles and programs.
SB 678 California Community Corrections Performance Act
The National Institute of Corrections (NIC) recommends that correctional systems
establish local values, principals and process based on evidenced based research . It is
anticipated that the CCP will utilize all evidenced based and logic models as it moves
forward in the development and implementation of services.
Evidenced based programs are found in the SB 678 California Community Corrections
Partnership Act. In 2009 the State of 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 re c e ived $1 ,270 ,000 to develop and enact evidence based
programming (EBP) for adult offenders . This award continues through September 30,
2012. The fundino allowed for the immediate develooment of EBP in coniunction with
supervision practices that were likely to improve the probation performance of offenders
and reduce the likelihood that the probationers would commit new crimes and other
violations resulting in a prison commitment. Several practices have been identified and
are in the process of being integrated and implemented as well as evaluation programs
being put in place to determine effectiveness.
EXHIBIT 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 corrections agencies is its ability to help personnel predict recidivism by
type of crime (violence, property or drug offenses , etc.). This allows probation supervisors to
tailor the most effective decis ions and courses for corrections by individual offender.
The resource is delivered through a Web -based interface and enables clients to manage intake,
assessment administration, case plan management and outcome reporting from a single
software application . Core components of the program are aimed at providing a precise and
objective assessment to gauge the individual's risk level for future criminal acts and a
prescriptive component that guides corrections personnel in tailoring supervision , treatment and
services for optimal rehabilitative results . The tool ensures that treatment and public resources
are devoted to the highest risk offenders and an objective, c onsistent and simple method of risk
prediction and necessary levels of supervision .
Part 1: Static Risk Assessment The program begins with a 26-question assessment of ''static"
factors and scores that determine future risks in three areas: 1) felony . 2) non-violent felony,
and 3) violent felony . These risk scores lead to classification of offenders into one of five levels:
• High R is k Violent
• High Risk Property
• High Risk Drug
• Moderate Risk
• Low Risk
Part 2 : Offender Needs Guide
Each high-risk offender r e ceives an Offender Needs (Criminogenic) Assessment reached via a
70-question survey covering social achievements, support systems, cognition and personality
traits. Questioning covers education. employment. residential stability , marriage/family, friends,
aggression , coping skills and substance abuse, as 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. Targeting th e greatest individual risk factors of an offender and
identifying specific int erventions to treat th em allow agencies to actively facilitate the kind of
positive change that can ultimately keep the offender out of the criminal justice system and help
them become productive m~mbers of society.
Adult Day Reporting Center
Adult Day Reporting Centers (ADRC), are on-site cogn itive restructuring programs desig ned as
Evid ence Based Practices and desig ned to cha nge an offender's adverse t hinking patterns ,
6 f P ;1 He
EXHIBIT A
provide education and job training to enable long-term e mp loyment , and hold offenders
acc ountable during the day .
The goals of the Adult Day Reporting Ce nter are to reduce offender rearrests and reci divism ,
assist offenders in successful reentry by providing needed services, and increase public safety
by holding offenders accountable. These goa ls w ill be ach ieved by provi ding sk ill-based learning
opportunities, ed ucat ional and vocational training and intensive com munity supervision .
Participants in the A dult Day Report ing Cen ter:
• Enhan ce the ir coping skills.th ro ugh group and peer counseling
• Locate and maintain sta ble housi ng
• Improve educational and vocatio nal skills
• Find and retain meaningful work
• Structure th eir activities with in the com mun ity
• Receive intensive comm unity supervisi on by their probation officers
In Fresno Co unty, the AD RC as de signed and in the process of moving to full implementation
has identified supervision, treatmen t and training for offenders who are ide nt ified through
assessment for services. Up to 50 realign ment offenders will eventually enrolled in the ADRC .
The current facility is co -located w ith the Adu lt Drug Suppression function in Fres no. Offend ers
go through a four-phase program from one day to seven days per week and are t ypic ally seen
on aftercare approximately six months into the prog ra m. A t the present tim e California Sta te
U niversity , De partment of Criminology , has su bm itted an applicat ion to fund a com prehe nsi ve
process and outcom e evaluation of th e Adult Day Reporting Ce nter progra m .
Thin king for a Change (T 4 C) Adu lts
Valida ted as evide nce based program, Thinking for a Change , (T 4C) cogni tive behavioral
therapy has pr oven t o be an effective program for juveniles and through en dowed gra nt funding ,
extended for adult offendi ng pop ulatio ns. C og nitive-Behavioral Therap y (C BT) in the T 4C
mod el is an e mpirically supported trea tm ent that focuses on patterns of thinking that are
mal adaptive and the be liefs that underlie such thinking . Since 1997, Thinking for a Change
(T4C) has trained t housa nds of correctional staff to facilita te offender groups in th is evidence-
based co gnitive beha vior program. The Thin king for a Change curricu lu m uses as its core a
oroblem solvina co mo onent. with both coonitive r es tru cturing and social skills interventions.
It was deve loped t o be appropriate for a wide-ra nge of offender groups, and has been
implemented in all ph ases of the j uve nile and ad ult criminal justice systems with con siderable
reductions in rec id ivism.
In Fres no , prob ation office rs have been traine d and are being trained in the model and following
assessment of offe nders those moved to the mod el meet with probatio n staff twi ce weekly in
groups of t e n t o study and participat e in therapy . The Fresno model is part of the evaluation
that Ca liforn ia State Un ive rs ity has proposed co mpleti ng on the DRC .
Offend er Link Telepho ne Reporti ng
Validated as a promisi ng practice . Offen de r Li nk identifies low risk offender s in bank caseloads
who ca n m aintain contact via t e le phone repo rti ng . Thi s all ows probatio n 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 recei ve notifications and court reminders. drug test notifications
and specific instructions on conditions of probation
Motivational Interviewing
Motivational Interviewing (Ml) is a client-centered approach for eliciting behavioral change
through helping offenders explore and resolve ambivalence . It is an evidence based practice
that has been shown to effectively change behavior. It is a positive and focused goal based
approach that attempts to increase t he offenders awarenes s of the potential problems caused ,
consequences experienced, and risks faced as a result of the behavior in question . With
offenders , the belief that change is possible is an important motivator to succeed in making the
change . They're held responsible for choosing and carry out actions to change .
In Fresno County probation officers and probation technicians that have direct client contact are
being trained in the model tha t will be utilized as an EBP with the realignment population .
Proposed Implementation Plan: Roles and Responsibilities
Fresno County Sheriff's Office: Jail Division
The Fresno County Sheriffs Office is currently responsible for three jails in downtown
Fresno near the main Fresno County Criminal Courthouse. Operationally the jail has
3478 beds available in the three jails but due to budget constraints and reductions , the
bed count is now maintained at 1923 beds . There is no ability for the jail to absorb
additional AB 109 populations at its present funding level and the Sheriff remains under
a federal consent decree for overcrowding that requires release of inmates whenever a
designated bed for the inmate's classification is not available.
With the advent of AB 109 funding it is anticipated that the Fresno County Sheriff would
reopen a floor in the North Annex Jail that has 432 beds. In addition due to security
concerns and classification issues, a small number of classified security beds may be
opened in the South Annex Jail. For the operational dates of October 2011 through
June of 2012, the Sheriffs Office will open one floor with 432 beds. Contingent upon
funding, a second floor with 432 beds would be opened in April 2012 through the end of
the first fiscal year.
EXHIBIT A
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 programm ing 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 fund ing source. However, the addition of jail beds into the
system will allow for a significantly larger inmate population. consistent with
classification issues to be housed in the reopened floors of the North Annex Jail. This
will include long term commitments under the mandates of sentencing reform and "flash
incarceration "strategies .
Additional inmates include (1) those convicted of a felony now sentenced to 16 months ,
two years or 3 years in county jail in lieu of state prison; (2) the additional number of
offenders who are pretrial; (3) violators of post release supervision up to 180 days ; (4)
violators of state parole up to 180 days ; and (5) post release community supervisees
sanctioned with "flash In ca rce ra tion " 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 impa ct 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 th e 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 supe rvision term s .
The Fresno County Sheriffs Office is fully co mmitted 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 interag ency and community provide r committees that are
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FXHIRIT A
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 tha t 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.
10j j::;;(!G
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 train i ng programs and "flash
incarceration " as necessitated for violation of supervision conditions.
As designated in AB 109 legislation, a post-release supervision cannot exceed a period
of three years, however, offenders may be discharged earlier following a period of
successful community supervision ; any revocations will be served in the county jail for
up to 180 days in length. As discussed in the realignment legislation , probation is to
supervise under appropriate terms and conditions of probation , consistent with evidence
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Fx'Hl81T A
based practices, treatment services and a series of progressive incentives and
sanctions.
Post Release Supervision Model
A supervision ratio for this population has been set at one deputy probation officer per
50 offenders . The officers and support staff will be located at a site that will facilitate
program as well as safety and security . The officers will have full access to the Adult
Day Reporting Center. The probation department will transition monthly into a
specialized supervision unit with the responsibility of intensive supervision based on the
numbers being released from CDCR. It is estimated that an average of two probation
officers will be hired each month through June of 2012 in the initial phase . During the
initial phase of realignment for post release community supervision , approximately 794
post release supervision offenders will be received in the county from state prison . It is
estimated that this population will grow through 2013 to a total of 1598 offenders having
been released to the county of Fresno.
Estimated Postrelease Community
Supervision Average Daily Population
1200
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Supervision of the post-release population from CDCR by the Fresno County Probation
Department is based on th e AB 109 le gislation 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 supervi sion . Offenders in this population can
be revoked for up to180 days; requiring participation of the Courts, the District Attorney
and Defense Council , and any tim e s erved mu s t be in the county jai l.
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 san c tions process is being developed by
the probation department and a matrix of graduated revocations is also under
construction consi s tent with evid ence based pra ctices demonstrated to reduce
recidivism. This can and will include resource and referral, treatment, day report center
131 Pa ge
1=)0-HRIT A
and up to ten days custodial time "flash incarceration" for violating specific terms and
conditions of release .
Adult Day Reporting Center
The Fresno County Probation Department plans to expand the Adult Day Reporting
Center (ADRC) to provide probation services to offenders in the medium-high risk
offender category . The Probation Department anticipates that providing additional
rehabilitative services to this target group will prove to be the most efficient and cost
effective use of resources for the realignment population . The ADRC will be a one-stop
center for offender accountability and evidence-based supervision and services . 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 with in this population.
Through the auspices of SB 678, the probation department has participated in training
and implementation of evidence based practices that influence supervision practices
and that have proved effective nationally in reducing recidivism with improved outcomes
for offenders . The department has invested significant resources and manpower in the
selection and implementation of the STRONG Assessment tool. The data interface for
the department has been completed , beta testing is about to begin and the assessment
tool will be ready by October 2011 . It is the departments plan to use STRONG the
14 t ;; a g '"
EXHIRIT A
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 all law enforcement
agencies in the county of Fr es no 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 cus todial services through appropriate early
interventions . In addition, the team can provide surveillance and warrant sweeps in
conjunction w ith other law enforcement agencies .
15 \Pd 5 E
FXHIRIT A
ACT assigned officers will complete all training in relation to evidence based practices
including cognitive behaviora l therapy and Motivational Interviewing conforming to
evidence based decision making capabilities with the development of a matrix of
graduated recidivism sanctions .
Fresno County Probation Department: Pre-Trial Services
Supervised Honor Release
Effective October 1, 2011 definition of a felony is amended to include certain crimes that
are now punishable in jail for 16 months, 2 years , or 3 years instead of state prison.
Some offenses, including serious, violent and some sex-offenses, are excluded and
sentences can continue to be served in state prison . This offender population will now
serve time locally and is expected to greatly impact the operation of the Fresno County
Jail and the provision of services . In addition to the amended legislation , alternative
custody is considered for_lnmates being held in the county jail in lieu of bail. The
amended legislation also discussed the use of a range of community based punishment
and intermediate sanctions other than jail incarceration alone or traditional routine
probation supervision .
After a person is arrested and placed in custody, there is an opportunity for the justice
system , commensurate with public safety , to determine if conditional release is
appropriate . Pretrial service programs interview defendants to gather information:
references to verify the community ties and substance abuse or mental health
information ; investigations into prior criminal history; prior record of appearance in court ,
and current status with the criminal justice system as to probation and parole histories .
Compiling all this information . pretrial services staff then make an assessment of the
risks of danger to the community posed by each defendant and use appropriate
validated risk/needs assessment tools for information and decision making. Pretrial
service officers submit a report risk assessment and a recommendation regarding
release to judicial officers. Research has demonstrated that the pretrial release
16 I F 3 i; e
l=X~ll=~IT 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 seaUopen bed ' in individual and group settings with
treatment providers and within seconds of the referral, availability is known .
17 I ;; i g e
F)(I-HR.IT 11
Lastly, an evidence based practice that is shown to be effective in pretrial services
according is a "reminder service". The pro blem of failure to appear (FTA) can be
extraordinarily costly, both in terms of the financial cost to local justice systems and the
integrity of the judicial process. Each court date missed has a ripple effect throughout
the justice system , leading to inefficient use of time and resources that are often already
overtaxed. Missed court appearances frequently result in arrest warrants that require
justice system resources for processing and serving . Defendants arrested on warrants
for FTA often spend more time in local jails when compared to other jail admissions.
Missed court appearances impact victims and witnesses that share a stake in the court
hearings. Reminding defendants of their court appearances with court date notifications
is a pretrial release intervention designed to reduce failure to appear and associated
costs . Systems of reminders such as live, automated and mail have been shown to be
effective and the pretrial services staff should 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 F 3 g "=
Proposed Implementation Plan: Roles and Responsibilities
Treatment and Services Coalition (T ASC)
Central to AB 109 legislative intent and critical to the success of the realignment
population is the development and implementation of treatment services that address
criminogenic needs . Best practices include a combination of surveillance and
treatment for probationers . rather than one or the other alone based on the use of
evidence-based practices risk and needs assessment tools. It is known and expected
that a significant number of the realignment population have long standing unaddressed
substance abuse problems and/or mental health issues that will need to be considered
as the CCP plan goes forward. Treatment as part of the offenders' adjustment on
probation has long been seen as the avenue to successful completion of probation and
a crime free reintegration into the community. Since the majority of offenders and
incarcerated populations have serious substance abuse problems , many
contemporaneously with mental health issues. treatment and appropriate services must
be developed and should be considered a critical risk reduction strategy. It is the
recommendation that a Trea tment and Services Coalition (T ASC) co mmittee be formed
to address the outstanding service needs and service gaps that may be identified for
this population .
Roles and Responsibilities
Program Research and Evaluation
An obje ctive and evid enc e-b ased study to assess t he validity and effe ctiveness of the
justice systems re spon se to and the o utcomes 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.
T he program evaluation sh o uld commence immediately and include a process
evaluation to assess the implementation of the strategies and services created and
directed to the realignm e nt population . In addition , an outcome eva luation that would
measure the impact of th e strategies and services created for the offending population
in reducing recidiv ism among th e id e ntified populat ion using quantitative researc h
analysis should als o be co mpleted .
Qualitative and quantitative da ta on evidence -base d programs are important in
correction s. Without effective e vid e nce-bas ed supe rvision , programs . and services , the
system exi sts without empirica l eviden ce of p ro gram effectiv eness and compromises its
ability to assis t those o n probati on w ith changing th eir crimin al behavior.
Quality assurance through system at ic obs erv ation and evaluation of various
components of the Fre sno C ounty system is a neces sity as well . T his is in order to
assure and maximize th e probab ility th at th e minimum standards set by th e CC P are
maintain ed throughout th e syste m .
20 I :-age
EXHIBIT A
Tl1e Public Safet)' Realig11rne11t Act
AB 109
Update to 2011 I111p leme11t ation Pla11
2013
Col111t ,;-of Fres110 .,
Execzttive Comrriittee of the Co1nniu.ni 1.y Co rrections Partnership
Linda PeuneL Chief Probatiou Offi ce r. County of Fresno (Chair)
Sheran slorton. Court Exec u tiY e Offic er. Fresuo County Superior Court
Sheriff :Margare t J ii ms . C o u nty of' Frr-:'j no
Elizabeth Egan. Dislr ic l Atton1 e:. Count y of FresIJO
Ke n n~t l1 Taui~uehi. P ub li c Defe nder. Co 1111t y of Fresno
Jerry D y~r. Chief. F r e~n o Poliee Departme nt
Domw Tavl or . Dirf'ctor. B e ha\'i ora l H ea lth . Countv of Fresno " . ..·
...
Background
EXHIBIT A
----------------------
AB 109
The Public Safety Realignment Act
Update to the 2011 Implementation Plan
County of Fresno
201 3 -·-------·--···-·--·-------------------------'
On August 19, 2011 , the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act , Assemb ly Bill (AB)
109 Implementation Plan for 2011 . On September 13 , 20 11 the CCP moved the
Implementation Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervisors for approval of the plan pu rsuant to Assembly Bill (AB)
117 . On that date, the Implementation Plan and the associated budget and resolutions
were approved . The Pl an has been ope rational since that tim e .
Changes are set to occur in the operation o f associated programs in the County of
Fresno under the auspices of AB 109 . The intended development and implementation
of new programs req uires an amended and updated plan for Fresno County that has
been developed a n d set for approval by the Community Corrections Partn e rshi p (CCP}
on March 15, 20 13 .
In the original legislation under AB i09 in 2011 . Section 1230 of the California Pena l
Code was amended to read '"Ea c h county local Co mmu nity Corre ctions Partnership
esta bl ished pursua nt to subdivi sio n (b) of Section 1230 shal l recommend a local plan to
the Cou nty Board of Supervisors for the implementation of the 2011 public safety
realignment. (b) The pl an shall be voted on by a n execut iv e committee of each county's
Community Co rrections Partnersh ip cons isting of the Chief Probation Officer of th e
county as cha ir. 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 12 30 (b) (2 ) (G), 1230 (b) (2 ) (H ), or 1230 (b) (2) (J) as designated by the
cou nty board of supervisors for pu rposes related to the developm ent and presentation
of th e plan. (c) The plan shall be deemed accepted by the County Board of Supervisors
unless rejected by a vote of4/5ths in vvhich ca se t he plan goes back to the Community
Corrections Partnership for furthe r con sideratio n.
Co nsisten t with the leg islation and local needs and resources , the plan is now
undergoin g modifications and include s p roposals tha t increase and maximize th e
effective investment of c riminal j us tic e resourc es in e v idence-based correctional
sanctions and programs fo r pub lic safet y.
In keeping with the legislati o n as to re porting c hanges in c oun ty CCP operational plans
and services . this proposal d e lin eates propos ed c hanges and m odifi c atio ns to the
original 2011 plan for th e Co u nty o f Fres no .
-.:=..= ........ r=-=-> .. -=---~-----·--·---~--~=~·-· -=,.,,.,,. ........ .._=
1 E
"
EXHIBIT A
Legislative Mandate History
The Fresno County Implementation P lan of 201 1 foliows the legislative mandates and
intents as specified in the legisiation 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 th e 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 p!ace upon the implementation of the law on October
1, 2011 :
{1 ). AB 109 transferred responsib ili ty for supe rvising specified lower level inmates and
parolees from the California Departme nt of Corrections and Rehabilitation to counties.
This population, the Post Re lease Commun it y Supervision (PRCS) offenders became
eligible for county supervision for a period not to exceed 3 years, provided by the county
agency designated by that cou nty's Board of Supervisors. In Fresno County , the Fresno
County Probation Department has the designated responsibility for PRCS supervision.
(2) The definition of some felony cri mes was revised to include certain crimes that
became punisha ble in jail for 16 mon t hs . 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 priso n .
(3) Post Release Community Supervision (PRCS) and sta te parole revocations are now
served in local jails (by law maximum revocatio n sente n ce is up to180 days). with th e
exception of paroled 'lifers· who have a revocation term of greater than 30 days . The
Superior Courts through the implementation of the legis lati o n now hear re vocations of
Post Re lease Community Super,i sio n (PRCS) offe nders with th e Board of Parole
Hearings conducting parole v iolation hearing s through July 1. 2013 at which time the
Superior Courts will assume responsibility for state parole revocations .
(4) Changes to custody cred it s have occu rred in which jail inmates are now able to
ea rn four days of credit fo r every two days served . Time sp e nt on home d etention (i .e ..
electronic monitoring ) is credited as time spe nt in jail c ustody.
(5) Penal Code Section 1203.0'18 now authorizes e lectroni c monitoring for inmates
being held in the county jail in lieu of ba i i. Eligible inmates must first b e held in custody
for 60 days post-arraignmen t, 30 days for those charged with misdemeanor offenses or
the inmate is appropriate for the program ba sed on a determination by the correctional
administrator that the inmate 's pa rti cipation would be consiste nt with the public safety
interests of the community.
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1 I
EXHIBIT A
(6) Under the authority of the legislation , community based puhishment was au thorized
that allows counties to use a ra nge of comm unity based punishment and intermediate
sanctions other than jail incarceration alone or traditional routine probation supervision
for the identified population s.
Changes to 2011 Implementatio n Plan
Programs that were app roved and f unded in the original Implementation Plan of 2011
are ongoing. Due to th e additi o ns and changes that have occurred in the operation of
AB 109 p rogramming , the updated pian is required fo r the Community Corrections
Partnership (CCP ) as well as the attenda nt budget and salary resolutions that will be
reviewed by the Fresno County Board of Supervisors followin g the approval.
Given t he influence in the legis lati on to u tilize evidence based practices and p rog ra ms
through a range of communi ty based services and sanctions, and based on a
determination of needs as ascertained through the operation of the AB 109 Programs
locally , t here are several noteworthy additions and modifications to the approved plan .
Ch anges and additions to the original 2011 plan have been ma de in the Fresno County
Sheriffs ' Office. Fresno County Probation Department, the F re sno County Department
of Be haviora l Health and the Fresno County Department of Public Health .
Th ese changes . additions and modifications are :
• Jail Transition Unit
• Jail Medical Services
• Probation Supervision and Referral Servi ces
• Behavioral Health Contracts
• Adult Compliance Team
• Pending RFP 's for services
On January 22 , 2013 , the CCP solicited and accepted proposals from interested parties
for the addition and expansion of services based on ide ntified needs and priorities of the
CCP. On February 27 . 2013 additional prog rams for which proposals had been
subm itted were selected and will further modify the operatio n of local AB 109 service
provision .
. Fres120 County Sheriff's Qffice
~~~~~~~ ~
With t he advent of AB 109 funding it was anticipated that the Fre sno County jail would
reopen 432 beds in the North Annex Jail which occurred on Octobe r 1, 2011 . An
add it ional floor of the North Ann ex Jail with 432 beds opened on September 1. 2012 .
EXHIBIT A
With the support of CCP fund ing, this has allowed for the accountability necessary for
the foundation of the pubiic sa f ety services prov ided through realignment.
Fresno C ou nty Jail Operations : New Program T JCU
In November of 2012 , th e Fresno Co unty Sheriffs Office and the F res no County
Probation Department were selected to be part of the national Transition from Jail to
Community Initi ative (T JC). Throug h the award the agencies have begun a process to
reverse the trend of cri mina l recidivism in adul t c orrectional populations . Through the
provision of evidence based planning . the jai l committed to develop jail se rvices and
programs that connect t o a continuum of community services designed to enhance
successful integration . The T JC project has been instrumental in assisting in the
development of a trans iti o n pod proposed and approved under the auspices of AB 109
funding on February 27 , 2013. Through th e co llective operation of the probation and
sheriff's departments . the T ransitio n from Jail to Co mmunity Unit (T JCU) will be opened
in the North Annex Jail h ousing up t o 72 sente nced prisoners and identified through
assessments with commitment times of one year or more . The ACTS Jail Assessment
model will provide both proxy scoring and crimi nogenic risk needs score for
programming . Evidence based transition services will be developed including
education, substance abuse , a nd community services. The jail will attempt to develop
class and program space and will work with the Commu nity and Custody Resources
Subcommittee of the CCP to en c ourage co mmunity engagement in the process of
building a reentry unit as we H as faith based programming. Staff will be cross-trained in
cognitive behavioral programming provid ed by probation including Motivational
interviewing and Thinki ng for a Change . The probation staff will additionally case
manage unit offenders and work on th e progressive ree ntry issues i ncl uding community
transition through program phases .
~--------· ---·----· --------------··,
i L_ _____ _ _ Fresno _Cou nty Department of Public Health ____________ .
Jail Medical Services
Following approval of the Im plementation Plan in 2011 and on September 13. 2011 the
Department of Public Health requ es ted and received an allocation for m edical services .
This was later increased due to a higher level of AB 109 inmates in the jail with an
additional reserve amount put aside to address f uture costs . Med ica l services are
mandated by Title 15. Di vis io n I of th e Ca lifornia Code of re gu la ti ons. On Februaf)" 27,
20 13 the CCP authorized additional f un ding for Jail M edica l services due to co ntinuing
increased costs in the j ail.
Although not specifically identified in the originai Implementation Plan of 2011, the
provision of medical a n d m e nta l hea lth services is in keeping with the full co urse
treatment aspect of realignment and state mandates for jail medical serv ices.
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41
Fresno County Probation Department
~~~~--~~~~~~~ EXHIBIIA
Post Release Commun ity Supervision offenders in the first year of operation totaled
1,581 individuals who we re re leased to the Fresno County Probation Department for
services. Trends noted in the first year of operation and continuing to date are th e
appreciably higher number of offenders received versus the number projected to be
released . Another trend in the offend ing population is th e 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 tha t location. AB 109 offenders can meet with
their probation officers . be refer red to the Adult Day Reporting Cente r on campus, drug
test and be referred to needed services there including Workforce Connection.
To address trends in the offending population since the development of the 2011
Implementation Plan the Probation Department has partnered with both the Department
of Behavioral Hea lth for Turning Po i nt of Central California, Inc. (Turning Point)
treatment services for PRCS offenders and the Fresno County S heriffs Office for
offender services that will occur both in and out of custody.
Additional Service Provision
Co-located at that location are t he mental health and substance abuse services of
Turning Point of Central Cai iforn ia through a contract imp lemen ted in 2012 with the
Department of Behaviorai Health . Turni ng Point provides both mental health and
substance use disorder services at their Fi rst 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
detoxificatio n and treatment. and sober living hous in g . The contract with Tu rn ing Point
was expa nd ed due to the increased need fo r additional residential beds for offenders.
i
EXHIBIT A
_________ .,. -·--··-··------·--····-···-------------
__ F_resno County Depa rtment of Behavioral Heaith _______ --~'
The Implementation Plan of 2011 stated t hat. "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 ... lt is known and
expected that a significant number of the reaiignment population have long standing
unaddressed substance abuse problems and/or mental health issues that will need to
be considere d as the CCP p lan goes forward ... Since the majority o f offenders and
incarcerated pop ulatio n s hav e seriou s substance abuse problems . many
contemporaneously with mental hea lth issues . treatment and appropriate servi ces must
be developed and should be considered a critical risk reduction strategy ."
Fresno County Department of Behavioral Health (DBH) was ta sked with providing
mental health and substance use disorder services for the PRCS population. DBH
determined these services would b e provid ed by a commun ity based provider. After
going through the county 's competitive based process a contract was awarded to
Turning Point of Central California .
Turn ing Point provides both mental health and s ubst an ce use disorder services at their
First Street Cente r as well as assessme n ts a nd li mited outpatient s e rvices at probation's
Winery Avenue site. Turning Point provid es a full array of services t o include, outpatient
menta l health and substance use disorde r treatm ent, full services pa rtn ersh ip servi ces
for severely mental ill cl ients , re si dent i a l treatment . sober living housing . The contact
was expanded on Septembe r 11. 20 1 L d u e t o the increased need for res idential and
treatment beds for offenders .
---· ·--·-----
(. ________ _ Multi-Agency Adu lt Compliance Team ---·
The Fresno Cou nty Adult C ompiian ce T e am (ACT) became operational i n November of
2011 and presently con sists of tvvo F resn o County Probation Officers . one Fresno City
Police Officer. one Clovis C ity Polic e Officer , o n e F res no County Distri c t Attorney
Investigato r and one F res no Cou n ty S he r iff's Sergea nt. This t eam is multi-purposed : to
e nforce co nditi on s of s u pervis ion ; t o note trends in the real ig nment popu lation and t o b e
able t o efficientl y re spond to issues: to provide informatio n and direction for all law
e nforceme nt agencie s in the Co unt y of Fresno and to b e the point of contact for
diss em ination of offender i nformation : to respon d rap idly with knowledge and
information a b out the offenders in such case as e mergency situati ons may aris e
stemming from th is p opuiation as well as the nee d to mitigate th e need for custodial
services.
In the Implementation Plan of 201 1 , th e re wa s no provis io n m ade for overtime and
training costs . On Febru ary 27 . 2 01 3 the CCP did approve th e addition of these cos ts
to the plan.
EXHIBIT A
:-------------·--··--·--·-----·-----·----------
Pending Contracts ·-~----_j
At the Community Corrections Partnership meeting on February 27, 2013 the CCP
approved funding for two additiona l contracts for offender services in keeping with the
intent of the AB 109 leg is lation that would create , expand and implement community
and agency resources for the offending populations
Counseling Services
The first all o cation was for in custody . out of c ustody and pretrial counseling services.
The purpose of the co niract i s to provide services designed to reduce recidivism by
targeting behaviors that lead to or continue criminal behavior through the provision of
counseling services t o identified offende rs in the AB 109 populati on. The contractee
would be expected to prov id e services at th e 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 the offender and with the direction of a probation
officer or case manager in the jail.
Homeless Offender Services
The needs of the homeless o ffender a r e broad and e n compass many areas . Collective
priorities in our community a nd iiterature on ev iden ce b ased practices support the need
for homeless offenders t h at do not qualify for mental health and substance abuse
consideration . The purpose of t h e contract would be to p rovide services for unmet
needs for tho se being re leased fr om prison (PRCS) the transition pod at the jail
including transitio nal residenti al h ousi ng. th ose w ho become home less while unde r the
supervision of the probatio n de partment and those offenders who could qualify for pre-
trial release w ith a requ isite residence requi re ment. In additional se rvi ces designed to
divert offend ers from t he cycle of incarcerati o n and home lessness through supportive
and evidence based progra m ing in conjunc ti on with transitional housing with homeless
participants w o uld be a requ isite part of the program .
Employment Assistance
In addition to the above newiy approved Request for Proposals , th e Community
Corrections Partnersh ip has authorized a s hift in dedica ted monies to an expansion of
services for job training and assistance for the AB 109 population . A contract to
address and e x pand job training would allow for o n -site assistance at the 'one-stop '
center for offenders to co in ci de w ith other n eeded services. T he purpose of the contract
would be to provide employment services for offenders that have little to no work
experience, have difficulty keep ing a job, a ssist with workplace technology and
counseling services including s u bst a n ce ab u se education and social work servi ces that
focus on job retention .
EXHIBIT A
I
i
'---------Discussion of Program Operations Si nce 2011 i
~~~-~~~~~~~---'
Pretrial Service s Program
The Fres no County Probat ion Pre Trial Ser11ices program became operationa l in
September, 2012 . At the prese nt time. over 300 offenders have been referred for
services based on the Pre T rial Virginia Model of Assessment (VMI) with supervision
services that includ e GPS monitori ng a nd tracking. Assessment se r.;ices (STRONG)
are also being completed on .ll.8 109 supervised offenders as identified in the
Implementation Plan .
Automated Voice Calling (AVC)
The evidence based p ractice shown to be effective in court processing of offenders is
the a utomated tel ephoni c ·reminder' service . as discussed in the original implementation
plan , became ope rat ional in July 2012. Automated ca ll s t o defendant's homes
providing a court hearing notice as provided by In Touch have attempted over 44 , 0 00
automated voice contacts (AVC) to defendan ts in Fres no County Courts .
Sub-Committees to the Community Corrections Partnership
In the Implementation Plan of 2011 . one treatment oriented subcommittee was identified
for support of the AB 109 plan . Si nce that time. subcom mittees have been formed that
focus on the specialized commu nity and offender iss ues of A B 109 as well as provide
collaboration , information and assist ance to th e CCP .
The se sta nding comm ittees are: Fiscal Review and Audit: Community and Custody
Resources : Vi c tim/Man dates : In carcerat ion and Capacity ; Technology ; Co urts;
Research and Evaluation ; and the Adult Comp iiance Tea m Review Com mittee. The
committee m e mbers are present at each CCP meeting and re port o ut o n w o rk that has
been accomplished in the interim between CCP meetin gs or o n sp eciali zed tasks at the
direction of th e CCP.
Data Collection
The firm of Owen Research and Evaluation (ORE) was hired by the CCP through
contractual agreement t o provide the CCP evaluative services as requi red a nd
approved in th e AB 109 Implementa tion P l an for Fresno County. The o ve ra ll focus of
activity ha s been to cr e ate a n objective and evidence based evaluation a nd quality
assu rance plan for t he county. ORE co ntinue s the process a n d is in the development of
an analytic report t o compare descr i ptive d ata to outcomes which will completed o nce
the filing data for th e coun ty is fi nalized .
Additional objectiv es are to assess the effectiveness of the co unty's implementation
plan and th e impact on public sa fety of released off enders from state prison t o the
supervision and custody of Fresno County: to rev iew the programs as se lecte d a nd
implemented for th e mo st efficie nt and effective outcomes a nd to provide information to
th e CCP that wil l assist in informed decision making .
~----~-----~--·~·~·=· ., . ~-
EXHIBIT A
Status of Implementation Plan Programs : 2013
A review of the 2011 Imp lementation 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 h as been accomplished . One service for client referral in ·real
time' for treatment providers as discussed in the implementation plan was not
implemented due to technology issues.
Under the guise of both accountability and evidence based practices and principles
consistent with public safety, programs identified for initial implementations have been
enacted .
Since inception . the d irection and goal of the Fresno County Community Corrections
Partnership as established under AB 109, has been the successful implementation of
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
and identified correctional issues of this c ounty .
The new modifications and additions to the Fresno County AB 109 operational plan
serve the needs of the c ounty. Th e Community Corrections Partnership of Fresno
County is com mitted to philos ophical and operational progra ms necessary to reduce the
crime and recidivism while p ro moting a reductio n in c riminal victimization and increased
public safety .
-----"°"""~===""'"''"""i=-=---v~.-=m=,·_.-...........,P''-""-_....;ir . ..,,. .. -,~----· -~~-----~· .. -..~__...~._~ ... ~.n.~,~~ ~i
EXHIBIT A
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -znct Update
County of Fresno
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
I Sheran Morton, Court Executi ve Offic e r . Fresno Cou nty Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Ut echt, Director, Behavioral Health, County of Fresno
EXHIBIT A
,------------------·--·-·-······ ·-·-·-·······--·------···------·-····-··-------------------·-------··-·--·-----····-···---·,
! AB 109 ,
j The Public Safety Realignment Act j
! Second Update to the 2011 Implementation Plan l
j County of Fresno i
, October 2013 I ! !
i--------------------··-·········----·-·-··-····---·------------·---·--------·---··--··--------··--·--------·-------------_j
Background
In the original legislation under AB 109 in 2011, Section 1230.1 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. {b) The plan shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of the 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 res ources 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 multis e Nice centers, mental health treatment programs,
electronic and GPS Monitoring Programs, victim restitutions programs, counseling
Programs, community service programs, educational programs and work training
programs ."
On August 19 , 2011, the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Pla n 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 Implementat ion Plan a nd t he associated budget and resolutions
were approved. Th e Plan has been operation al since that time .
Again on March 15, 2013 , the Community Corrections Partnership approved an update
to its existing plan and April 23. 2013, the Plan Update and associated Budget and
Salary Resolutions were moved to the Fresno County Board of Supervisors which were
approved . In a budget wor kshop on October 1, 2013 the CCP accepted proposals for
modifi cations to the Plan and on October 15, 2013, the CCP approved funding for the
proposals consistent with th e original intent of the legislation and the Fresno County
Plan .
21 c--,, • t. 5 .....
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 reporting changes in
county CCP operational plans and services, this second update to the original plan
delineates changes and modifications to the original 2011 plan for the County of Fresno
as approved by the CCP on October 15, 2013.
Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing. Due to the additions and changes that have occurred in the operation of
AB 109 programming , a second update to the plan is required for the Community
Corrections Partnership (CCP) as well as the attendant budget and salary resolutions
that will be reviewed by the Fresno County Board of Supervisors following CCP
approval.
Based on a determination of needs as ascertained through the operation of the AB 109
programs locally, and on the presentations made to the Community Corrections
Partnership, there are several noteworthy additions and modifications to the 2011
approved plan.
Fresno County Probation Department
Data Collection and Evaluation Positions
After 18 months of Realignment in Criminal Justice in California, the nee d 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 th e area of data and information collection . In addition, the introduction of
proposed expansion of reseaich efforts on multi-levels including the PEW-supported
Results First Initiative, th e Public Policy In st itute of California (PPIC) and the Urban
Institute , require new method s of data manag ement. It has become apparent that there
is a gap in developing high quality da ta set s for the County and its multiple agencies
requiring the data for use in a number of efforts. While the County has contracted for
research and data analysis with an outside agency, the need for ongoing institutional
management of many leve ls of data and coordination of data efforts between the
agencies is a critical need . Two data positions were needed to meet the growing and
continuous needs of public safe ty rea lignment: a data manager and a data collector.
Two Fresno County approved cor responding posit ions have been identified ; an
Information Technology Ana lyst an d a Program Technician.
Data continues to be nee ded from the following agencies : Adult Probation , APS data
base; District Attorney's Office, STAR data processing system; Superior Court, V2
system; County Jail , Offender Tra ck ; County Behavioral Health and Private Provider
case files. The end product of these systems coordinating with each other would be
3I Pa ge
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 co ntra ct provide r partners to obtain
requested data . These county partners include Probation, Sheriffs Office (Jail IT), and
the DA 's Office, Behavioral Health, the Superior Co urt and others . Con tract providers
would include any agency or entity that provide s services to the realignment effort.
Other critical data manager duties would include: locating missing data , reconciling
conflicting data and merging data sets. This person would also work directly with the
CCP Research and Evaluation Subcommittee.
Qualifications should include knowledge of realignment and criminal justice and
knowledge and extensive experience in diverse data sets with computer, software and
statistical skills . The Data Collector position will provide data entry support to overall
realignment data efforts. In addition funding was increased for IT consultant services as
needed.
Fresno County Sheriffs Office
Jail Records Positions
With the implementation of AB 109 locally, there was a significant increase in long-term
commitments and with them , an influx of legal and judicial documents . The Jail is now
the custodian of records for all AB 109 commitments. Processing the commitment
packets that are forwarded by the court requires consistency and specialized training .
Staff are required to calculate and enter a variety of sentencing adjustments pursuant to
Penal Code Sections 4019 and 4019.2. Jail Records is also required to compile PC
969b prior conviction reports for the co urts . In order to do so , staff must perform a
substantial amount of specialized research on each commitment packet file . All of the
additional AB109 paperwork and tasks rel ated to processing additional paperwork
significantly overtaxed limited resources
The Community Corrections Partnership approved funding for 4 Program Technician
positions . The positi ons are subject to Fresno County Personnel's review of the
classifications to be used to address jail records needs that are based on increased
workload from AB 109 offenders. The appropriation from the CCP was $164,000 for the
remain ing fiscal year and; $32 8 ,0 00 for a full fiscal years funding .
41 r:; -J e I (.I \l
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 offe nder services in keeping with the
intent of the AB 109 legislation that would create, expand and implement community
and agency resources for th e offending populations.
Domestic Violence services
The first allocation was for in custody, out of custody and pretrial counseling services for
identified offenders. Th e purpose of a contract would be to provide holistic counseling
services designed to reduce targeting individual behavior of offenders and services to
fam ily 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 t he jail and through case managed supervision, at various
locations in the county for b oth PRCS offenders and AB 109 offenders released from
the jail. The program woul d be de ve loped aro und the identified and assessed needs of
offenders and with the direction of a probatio n officer or case manager in the jai l. The
Community Corrections Partnership has all ocat ed approximately $400,000 for thi s RFP .
Employment Assistance
After stable housing, on e 01 the most important com ponents of successful c ommunity
corrections is employment which was orig in ally describ ed in the AB 109 Implementation
Plan of 2011 . Re search supports that finding employment is a critical step for offenders
to reduce recidivi s m and t ha t employment training is a critical element of rehabilitation .
T he purpose of the co nt ract would be to provide e mployability services for offenders
that have little to n o work experien ce , have difficulty keeping a job , assist with
workplace technol ogy, employab ility and job placement services. Ancillary services as
to coaching, co unseling serv ices including s ub stan ce abuse education and social work
services that focu s on pro -socia l development to in crease job retention would also be
part of the contract. The Com munity Co rrections Partnership has allocated
approximately $400 ,000 for this RFP.
Discussion of Program Operations since 201 ·1 Da ta Collection
The firm of Owen Research and Eva l uatio n (ORE) was hired by the CCP through
co ntractual agreement to p rovid e t he CCP e valuative servi ces as required and
approved in the AB 109 Im p lementation Plan for Fres no Co unty. The overall focus of
activity has been to create an objective and evidence based evaluation and quality
assurance plan for the county. In add ition, the in t roduction of proposed expansion of
research efforts on multi-levels including 'i:he PEW -supported Re sults First Initiative,
the Public Policy Insti tu te of Ca liforni a (PP IC) and the Urban Institute have required new
method s of data management. T he First Yea r Interim Re port on AB 109 was released
to th e CCP in Octob er of 20 13 and is ava il ab le on th e Fresno Co unty Probation website.
5 11) ',1 0 '' , c De
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 implementations have been enacted .
Since inception, the direction and goal of the Fresno County Community Corrections
Partnership as established under AB 109, has been the successful implementation of
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
and identified correctional issues of this county .
The new modifications and additions to the Fresno County AB 109 operational plan
serve the needs of the county. The Community Corrections Partnership of Fresno
County is committed to philosophical and operational programs necessary to reduce the
crime and recidivism while promoting a reduction in criminal victimization and increased
public safety.
61 !;,t•f'
' c t:' -
Attachment "A"
The Public Safety Realignment Act
AB 109
EXHIBIT A
Implementation Plan 2014 -3rct Update
County of Fresno
Executive Committee of the Co mmun~tv Co rrections Partnership
Rick Chavez, Chief Probation Office r, (Chair) County of Fresno
Sheran Morton, Fresno County Sup erior Court
Sheriff Marga ret Mims, County of Fresno
Elizabeth Egan, Djstrict Attorney, County of Fresno
Elizabeth Di az, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fr esno
Dawan Utecht, Director, Behavioral Health, County of Fresno
EXHIBIT A
I·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·---·-·-·---·-·-·-·-·-·---·-·-·---• ·-
AB '109
The Public Safety Realignment Act
Third Update to the 2011 Implementation Plan
County of Fresno
November 2014 --------·-·-----. -·-· -----------------------. -·-. ---. ---------·-· ---. -----------· -------------. -----· ---·---------· ---------·
Background
In the original leg islation under AB 109 in 20 11, Sectio n 1230.1 of the California Penal
Code was amended to read "Each county lo cal Community Corrections Partnersh ip
established pursuant to s ubd ivision (b) of Section 1230 shall recommend a local plan to
the County Boa rd of Supervisors for the impleme ntation of the 2011 public sa fety
realignment. The plan sh a ll be voted on by an executive commi ttee of each county's
Community Corrections Partnership co nsisting of the Chief Probation Officer of the
county as chair, a Chief of Pol ice , th e Sheriff, t he District Attorney , the Public Defender,
Presiding Judge or th eir designee, and one department representative listed in either
subparagraph (G) (H) or (J) of paragraph (2) of subd ivision (b) of Section 1230 as
designated by the County Board of Supervisors fo r development and presentation of the
plan . The plan shall be deemed accepted by the Co unty Board of Supervisors unless
the Board reject s the plan by fou r -fifths of t he Board , in which case the plan goes back
to the Com m unity Co rrectio ns Pa rtn e rs hip for furthe r consideration . Consistent with
loca l ne eds a nd resou rces the plan may in clude recommendations to max imize th e
effective investm e nt of crimina l justi ce res ources in ev iden ce d-ba se d correctional
sanctions and programs inc ludi ng , but not limited to: Da y Re p o rting Centers, drug
courts, res identia l m u lt iservice ce nte rs. mental health treatment programs. e lectronic
and Global P ositionin g System (G PS) mon itoring programs, victim restitution programs,
cou nselin g programs . com munity seNice programs, educational programs and work
training programs .
On Au gu st 19 , 201 1, th e Fresno Coun ty Community Co rr ectio ns Pa rtners hip (CCP)
Executive Comm ittee approved the Publ ic Safety Realignment Act, Assembly B ill (AB)
109 Impleme ntation Plan fo r 2011 . On Septe mb e r 13 , 2011 the CCP moved the
Implement a tion P lan a nd associate d B u dget and Salary Resolutions to the Fresno
County Board of S uperv isors fo r approval of the plan pursuant to Assembly Bill (AB)
117. On that date, the Im plementation P lan and the associated budget and reso lutions
were approved . The Pl a n has been operational since tha t time .
Modifications to 2011 Plan
Due to the need fo r mod ificati ons of th e orig in al plan , in M arch , 2 013 the first amended
plan w as approved by the CCP and the u pdate d plan and associated budget an d salary
resolutions move d to th e Board of S upervisors and were a pproved in April 2013. In
October 2013 the second amended plan was approved by the CCP and moved to the
Board of Supervisors w ith t he associated budg et and sa lary resolut ions approved in
January 20 14.
21 Page
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 w ith the legislation as to reporting changes in
county CCP operational plans and servi ces. this third update to the original plan
delineates changes and modifications to the original 2011 plan for the County of Fresno
with funding allocations by the CCP on October 1. 2014.
Program Changes to 2011 Original Implem e ntation Plan
Programs that were approved and fund ed in the original Implementation Plan of 2011
are ongoing and or expanded . Due to th e additions and changes that have occurred in
the operation of AB 109 programm ing , a third update to the plan is required for the
Community Corrections Partne rsh ip (CCP) as well as the attendant budget and salary
resolutions that will be reviewed by the Fresno County Board of Supervisors follow ing
CCP approval.
Based on a d etermination of needs as ascertained through the op eration of the AB 109
programs locally, and on the p re sentation s made to the Community Corrections
Partnership, the re are several noteworthy additions and modifications to the 2011
approved plan .
Fresno County Sheriffs Office
IT Support Position
Due to increasing workload for various resea rch activities associated with the operation
of the AB 109 program , t he Sheriffs Office requested an IT support position which was
approved to provide cust om application development to integrate jail program services
data and customize repo rt programm ing. The Comm un ity Correct ions Partnership has
allocated $98,0 11 for thi s position .
Pending Add itional }\~tions/Requests for Pro posals (RFPs)
The Community Corrections Pa rtnership approved fu nding to move forward with
Requests for Proposals fo r additio nal co ntracts fo r offender services in keeping with the
intent of the AB 109 leg islat ion. These allocatio ns create , expand and implement
community and agency resources fo r the identified populatio ns.
Domestic Violence Se rt1 ices
The purpose of the contract would be to provide both batterers int ervention trea tment
and holistic counseling services for offenders and family members that w o uld reduce
recidivism a nd increase offenders' c hances of success in the community as well as
improve fam ily functionality. T he services co uld inc lude parenting and anger
management classes as we ll as individual counseling . The contractee would be
3f Page
EXHIBIT A
expected to provide services through case managed supervision, at various locations in
the county for both Post Rele~se Community Supervision (PRCS) and AB 109
offenders released from the jai l. 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 thi s RFP . Funding for these services was also
approved as part of the CCP plan -2nct update . However. implemEmtation requirad
further refinement of the services , which ha s been identified and will be included in the
proposal.
Adult Compliance Team {ACT}
Two additional law enforcement officers were funded to be added to the team to include
law enforcement agencies from county locations not presently participating on the Adult
Compliance Team . The cost approved for the addition of the two law enforcement
officers is $283,000 per year.
In addition, funding was expanded to provide additional training for officer safety, team
tactics, and training on current criminal behavioral trends . Funding was increased· for
training by $15, 000 per year.
Re-entry Services
The Community Corrections Partnership allocated funding for the development of
behavioral modification programs and behavioral cognitive therapies to address criminal
thinking and de-institutionalizing ha bits and mindsets of offe nders to be delivered in
both case managed services in the commu nity and at the jail for realigned populations .
This program will provide an array o f workforce development services geared to
increase skills acquis ition and imp rove the chances of successful employment
outcomes. In addition, th e program w ill target employers that have been locally
determined as high-growth and high-demand in order t o create opportunities for self-
sufficiency and career ad v a ncement for the "hardest to employ" population. The CCP
ailocated $276,944 for an RFP for services. Funding fo r employment seNices was also
approved as part of the CCP plan -2 n d update . However, imp lementation required
further refinem ent of the services, which ha s bee n ide ntified and will be included in the
proposal.
Status of Implementation Plan Proqrams: November 2014
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for implem entat ion have been or are being implemented and the
overall te nure and direction of the CCP has been accomplished. Under the guise of
both accountability and evidence-based practices and principles consistent with public
safety, programs identified for initial implementations have been enacted.
Since inception, the direction and goa! of the Fresno County Community Corrections
Partnersh ip as established und e r AB 109, has been the successful implementation of
41Page
EXHIBIT A
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A ba lanced approach has been struck that affords
offender accountability with the development of community corrections fitti ng 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 cou nty. The Community Corrections Partnership of Fresno
County is committed to philosophical and operational programs necessary to reduce the
crime and recidivism while promoting a reduction in criminal victimization and increased
public safety.
SI Pa ge
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 D epa rtment
Clovis Police Department
Se lma Police De partment
Exhibit B
1
I. PURPOSE
This document establishes the purpose of the Adult Compliance Tea m (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 Fre sno County regarding probation, post releas e community supervision
(PRCS}, and mandatory supervised release that may occur du e to the passage of the Criminal Justice
Realignment Act (AB 109) effective October 1, 2011.
II. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure offender
accountability, surveillance, and 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 de dicated to enforcement of conditions of release.
B. To identify supervi sed offenders who are not meeting their conditions of release in
order to ensure compliance.
C. To mitigate the need for custod ial sanctions through appropriate early interventions.
D. To document trends in the r ea lignm ent population and respond efficiently to emerging
trends that adversely affect public safety.
E. To gather, collect, and provide information and direc tion regarding the post release
community supervision (PRCS} and r ea lignment 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 situat ions with knowledge and information about the
offenders.
G. To provide other public safety responses including sea rches as authorized by the terms
of releas e and w a rrant services, as needed.
IV. GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, enjoin ed with evid e nce based practices,
forms the cornerstone of the Fresno County AB 109 supe rvision model. Thi s intensive approach
is seen in the formation of ACT; an intera gency public safety alliance with local law
enforcement agencies an d county justice partners that provides an additional l evel of offender
2
accountability and public safety. The "strike team" conce pt 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 rel ease by the Fresno County Probation
Department.
To this end, the participating agencies developed these operational guidelines and procedures
concerning the formation of the Adult Compliance Team . Th e participating agencies agree
jointly an d separately to abide by these terms and provisions set forth throughout the
formation of the joint operation.
V. ORGANIZATIONAL STRUCTURE
The Adult Compliance Tea m will b e co-located at the Fres no County Probation AB-109 Unit. The
team will be under the administrative direction of the Probation Division Director who
maintains respon sibility for the Adult Probation Fi eld operations.
The team will consist of sworn officers from the following agencies: two (2) deputy probation
officers from the Fr esno County Probation Department; one (1} police officer from the Fresno
Police Dep artment; one (1) po lice 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) se rgeant from the Fre sno 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 estab lish policy and set direction for ACT consistent with the
Mission and Goals stated in this document.
8. ACT Advisory Sub-Co mmittee of t he CCP
Each law enforcement agency t hat assig n s personnel to ACT may designate a me mber to the
ACT Advisory Sub-Committee of the CCP. All law enforcement agencies operating within the
county with an intere st in ACT are welcom e to atten d the meetings of the ACT Advisory Sub -
committee. Appointments to and r emoval from the ACT Advisory Sub-Committee and
appointment of a Sub-Committee Chairperson will be made by the CCP Executive Committee.
C. Operation s Co mmand e r
The assigned Fresno County She riffs Department Sergeant will be the day-to-day operations
commander and r esponsi bl e for ove r all coordination of tact ical field operations.
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The Operations Commander has ove rall responsi bility for the operation of ACT . The Operations
Commander is accountabl e to the CCP Executive Committee for implementing direction set by
them. The Operations Commander will liai so n with individual members of the ACT Advisory
Sub-Committee, and will attend m ee tings of the CCP as required.
D. Probation Department
All probation conditions and release compliance remain s 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 commun ity supervision or mandatory
supervised r e lease. The offenders will be under th e supervision of their assigned probation
officer or ACT probation officer.
VI. OPERATIONS
A. Supervision and Fi eld Responsibility
The use of surveillance, supervision, and field contacts will b e estab lished in conjunction with
Fresno County Probation Department policie s and as es tablished by the CCP Executive
Committee, ACT Advisory Sub-Committee, and policies and procedures of gener al law
enforcement accepted practices as estab li shed by statute and case law.
B. Record s and Reports
All reports created by ACT related to contacts with t hose offenders under probation
supervi sion, post r elease community supervision, an d mandatory supervised release will be
entered into the Adult Probation System (APS}. All agencies participating on the ACT will have
full access to Sharenet and the information in APS. Information shari ng with other law
enforcement agencies regarding offenders under probation supervision, post release
community supervision, and mandatory supervised releas e allowing for appropriate law
enforcement respon se is a priority for ACT.
Any additional crime, arrest, or incident report will be documented by the primary investigative
officer through the use of their own d e partmental report writing system.
VII. ADMINISTRATION
A. Financial Admini stration
Financial administration of ACT funds allocated by t he CCP Executive Committee will be the
respon sibility of th e Fresno County Probation Departme nt Business Office through the duration
of the program . In addition , the allocation and mana gem e nt of fund s are guided by Fresno
County Fiscal Policy and under the r eview quarterly of the CCP Finan ce and Audit Sub-
committee for prese ntation 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 interage ncy communication operability. The
policies and procedures of eac h agency will govern communication by its own personnel. The
Fresno County Sheriff's Dispatch will be the primary contact for operations of ACT
D. Fir ea rms
Each participating law enforcement age ncy will provide all n ecessary firearms for its own
perso nnel. The policies and procedures of each agency will govern the use of firearms by its
own personnel.
E. Equipment and Property
Any prop erty, eq uipment o r other items acquired with f unds 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. Trainin g
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 supe rvision policies, procedures,
programs, and practices demonstrated by scie ntific resea rch to r educe recidivi sm among
individuals under probation, parole, or post release community supervision.
G. Personnel Managem ent
The selection of ACT members will be made by each participating agency. If any ACT policie s
and procedures conflict with any of the participating agencies' policies and procedures, notice
of sa id conflict shall be immediately given to a su pervi so r . The supe rvi so r will take whatever
action necessary to reconcil e the conflict.
Each participating agency r etains fu ll responsibility for the professional and p er so nal conduct of
its own personn e l assigned to ACT . Each participatin g agency will follow their agency
directives/MOU for working modified schedu les.
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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 proce ss . 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 Partn ership for their approval.
X. TERMINATION OF PARTICIPATION
An agency shall terminate participa t ion 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 b e effective 60 days after delivery to COUNTY.
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