HomeMy WebLinkAboutAgreement A-16-030-2 with City of Fresno.pdfSecond Amendment to Agreement with City of Fresno #16-030
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (“Second Amendment”) is made
and entered into this day of , 2017, by and between the COUNTY OF
FRESNO, a political subdivision of the State of California, hereinafter referred to as "COUNTY,"
and the CITY OF FRESNO, a municipal corporation, hereinafter referred to as "CONTRACTOR."
W I T N E S S E T H:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 16-030
on January 26, 2016 (“Agreement”), pursuant to which CONTRACTOR agreed to assign one (1)
City of Fresno Police Officer (“Police Officer”) to be responsible for fulfilling the responsibilities of
an Adult Compliance Team (ACT) member, as set forth in the Public Safety Realignment Act
Assembly Bill 109 Implementation Plan (AB 109 PLAN); and
WHEREAS, a First Amendment to this Agreement (“First Amendment”), was
approved by the Board of Supervisors on June 21, 2016, for funding of overtime in Fiscal Year
2015-16 in the amount of Fifteen Thousand dollars ($15,000) and extending the Agreement to
include Fiscal Year 2016-17 funding for one Police Officer in Fiscal Year in the amount of One
Hundred Eighty Three Thousand Six Hundred Eighty-Seven dollars ($183,687); and
WHEREAS, the COUNTY and CONTRACTOR now desire to further amend the
Agreement to increase the maximum compensation for Fiscal Year 2016-17 to cover the
assignment of two additional Police Officers and one Sergeant from the City of Fresno to the ACT.
NOW, THEREFORE, for good and valuable consideration, the receipt and
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 shall compensate and remit to
CONTRACTOR, for actual services provided and in accordance with the
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Second Amendment to Agreeme nt w ith Cit y of F resno #16-030
terms herein ,, an amount equal to the cost of (1) C ity Pol ice Offic er for
assignment to the ACT. For Fiscal Year 2 of this Ag reement, running from
July 1, 2016 through June 30, 2017, COUNTY shall co mpensate and remit to
CONTRACTOR, for actual services provided and in accordance with the
terms herein , an amount equal to the c ost of (3) C ity of Fresno Po lice
Officers ("Police Officers") and (1) City of Fresno Police Sergeant ("Police
Sergeant") for assignment to the ACT.
Section 2 . OBLIGATIONS OF THE CONTRACTOR, set forth on Page 2 of
the Agreement, is deleted in its entirety and replaced with the following :
"2 . OBLIGATIONS OF THE CONTRACTOR
For Fiscal Year 1, CONTRACTOR shall assign ( 1) Police Offer to be
responsible for fulfilling the respons ib ili t ies 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 Ope rationa l Guidel ines and
Procedures, both attached hereto as Exh ibits "A " and "B ", respectively, and
incorporated herein by reference.
For Fiscal Year 2 , CONTRACTOR shall assign (3) Pol ice Officers and
(1) Sergeant to be responsible for fulfilling the responsibilities of an ACT
member, as set forth in the AB 109 PLAN , including by way of example,
pages 15 and 16 of the 2011 version thereof, and in accordan ce with the
ACT Operational Guidelines and Procedures, both attached hereto as
Exhibits "A" and "B", respectively, and incorpo rated herein by reference.
In the event that the AB 109 PLAN is revised by the CCP, and
approved by the Fresno County Board of Supervisors, the responsibilities of
the Police Officers and Sergeant assigned under th is Agreement may be
modified accordingly. Should such modification result in addit iona l costs to
CONTRACTOR, the maximum reimbursement for services rendered under
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Second Ame ndment to A greem ent with City of Fresno #16-030
this Agreement by CONTRACTOR may only be increased in accordance
with Section 7 of this Agreement."
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:
Probationlnvo ices@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 Departm ent. 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 $193,838 for Fiscal Year 2015-16
and $734, 180 ($183,687 for (1) Police Officer, $357,374 for (2) additional
Police Officers and $193 , 119 for ( 1) Sergeant) for Fiscal Year 2016-17.
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Second Amendment to Agreement with City of Fres no #16-030
1 The maximum amount payable by the COUNTY to the CONTRACTOR
2 under this Agreement for the two (2) year contract term is $928,018."
3 COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to
4 amend the Agreement and that upon execution of this Second Amendment, the Agreement, the
5 First Amendment and this Second Amendment together shall be considered the Agreement.
6 The Agreement , as hereby amended , is ratified and continued. All provisions,
7 terms , covenants, conditions and promises contained in the Agreement and not amended
8 herein shall remain in full force and effect.
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Second Amendment to Agreement with City of Fresno #16-030
1 IN WITNESS WHEREOF, the parties hereto have executed this Second
2 Amendment as of the day and year first hereinabove written.
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CONTRACTOR
Jerry D r
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Chief of Polic , City of Fresno Police Department
DATE: u;{bb
ATIEST:
9 Yvonne Spence, CMC
City Clerk, City of Fresno
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BY:
14 APPROVED AS TO FORM:
Douglas T. Sloan
15 City Attorney, City of Fresno
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BY:
Amanda B. Freeman
Deputy City Attorney
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
Date
Date
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COUNTY OF FRESNO
Brian Pacheco
Chairman, Board of Supervisors
DATE:
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
Second Amendment to Agreement with City of Fresno #16-030
1 Second Amendment to Agreement between the City of Fresno
and the County of Fresno to participate on the Public Safety
2 Realignment Act (AB109) Adult Compliance Team
2015-2017
3
4 REVIEWED & RECOMMENDED
FOR APPROVAL:
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APPROVEDASTOLEGALFORM
Daniel C . Cederborg , County Counsel
APPROVED AS TO ACCOUNTING FORM
17 Oscar J . Garcia , CPA
Auditor-Controller, Tax Collector
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FOR ACCOUNTING USE ONLY:
FUND :
25 ORG :
SUBCLASS:
26 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
Executiue Conunittee of the Com1nunity Co1Tections Partnership
Linda Penner, Chief Probation Office r , County of Fresno (Chair)
Hon. Gary Hoff, Pres iding Judge, Fres no Co unty Sup erior Cou1·t
Sheriff Margaret Mirno, Co unt y of Fresno
E lizabe-rh Egan , Dis trict Attorney, Count y of l 1'resno
K enneth Taniguchi, Public Defender, County of Fresno
J erry Dyer, Chief, Fresno Police Department
Donna Taylor, Direc tor, Behavioral Health, County of Fresno
EXHIBIT A
The following statement was developed and approved by the Executive Committee of
the Fresno County Community Corrections Partnership (C CP) 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 del in eates a funding formula for implementation of this legislation . it
appears that this initial funding is inadequate to accomplish the specified objectives of
realignment or to establish the framework necessary to implement the Community
Corrections Partnership within the aggressive time line set by the State of California.
The Fresno County CCP is concerned that the state of California sign ificantly
underestimated the population to be realigned to Fresno County . The funding is
disproportionate to the task required which inhibits the CCP from fully providing the
safest possible realignment for our community .
In order to provide maximum safety within our community , this plan w i ll ensure
offenders are held accountable by placing an emphasis on in ca rceration a nd
supervision . while at the same t im e providing services to offenders that will ensure the
highest probability of succeeding ."
AB109
The Public Safety Realignment Act
Summary and Overview of Legislation
EXHIBIT A
In an effort to address overcrowding in California 's prisons and assist in alleviating the
state's financial crisis, the Public Safety Realignment Act (Assembly Bill 109) was
signed into law on April 5 , 2011 . AB 109 transfers responsibility for supervising
specified lower level inmates and parolees from the California Department of
Corrections and Rehabilitation to counties. Implementation of the Public Safety
Realignment Act is scheduled for October 1, 2011 .
Additionally , Section 1230 of the California Penal Code is amended to read "Each
county local Community Corrections Partnership established pursuant to subdivision (b)
of Section 1230 shall recommend a local plan to the County Board of Supervisors for
the implementation of the 2011 public safety realignment. (b} The plan shall be voted on
by an executive committee of each county's Community Corrections Partnership
consisting of the Chief Probation Officer of the county as chair. a Chief of Police , the
Sheriff, the District Attorney , the Public Defender, presiding Judge or his or her
designee, and the department representative listed in either section 1230 (b) (2) (G),
1230 (b} (2) (H), or 1230 (b) (2) (J) as designated by the county board of supervisors for
purposes related to the development and presentation of the plan . (c) The plan shall be
deemed accepted by the County Board of Supervisors unless rejected by a vote of
4/5ths in which case the plan goes back to the Community Corrections Partnership for
further consideration . (d) Consistent with local needs and resources , the plan may
inducle rer.nmmenrlation s to maximize the e ffective inve dment o f c ~imin2I ju"-ticc:1
resources in evidence-based correctional sanctions and programs . including , but not
limited to , day reporting centers, drug courts , residential multi-service centers, mental
health treatment programs, electronic and GPS monitoring programs , victim restitution
programs, counseling programs , community service programs, educational programs .
and work training programs ."
2 J ) ..! ,'. .)
EXHIBIT A
Key Provisions in AB 109
Redefining Felonies : Revises the definition of a felony to include certain crimes that
are now punishable in jail for 16 months , 2 years, or 3 years instead of state p ri son .
Some offenses , including serious, violent and some sex-offenses , are excluded and
sentences can continue to be served in state prison .
Local Post Release Community Supervision : Offenders released from state prison on
or after October 1 , 2011 after serving a sentence for an eligible offense shall be subject
to , for a period not to exceed 3 years , post release community supervision provided by
a county agency designated by that county's Board of Supervisors.
Revocations Heard & Served Locally: Post re lease commun ity supervision and paro le
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 Couns will hear revocations of post release community supervision
while the Board of Parole Hearings will conduct parole v iolation hearings in jail.
Changes to Custody Credits : Jail inmates will be able to earn four days of credit for
every two days served . Time spent on home detention (i.e ., electronic monitoring) is
credited as time spent in jail custody .
Alternative Custody : Penal Code Section 1203.018 authorizes electronic monitoring for
inmates oerng ne10 1n me county Jail in 11eu or oa11 . E11gro 1e inmates must nrst oe ne10 in
custody for 60 days post -arraignment , or 30 days for those charged with misdemeanor
offenses.
Community-Based Punishment: Authorizes counties to use a range of community based
punishment and intermediate sanctions other than jail incarceration alone or traditional
routine probation supervision .
EXHIBIT A
Background and Information
This historic legislation sets into motion a number of fundamental changes related to the
inca rceration , supervision and treatment 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 felon ies (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 sh ift 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 .
1n o ctaoer z o-i ·1 mrougn o ctooer or 20"! 3 , Fresno c ounty wm receive ·1 !596 returning
offenders from the California Department of Corrections and Rehabilitation for post
release supervision services . In addition . with the implementation of sentencing
refo rms. those offend ers convicted of specified felonies will be puni shable 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 respons ible , data drive n, 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 solut ions 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 .
Evidenc:ed 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 pri so n admiss ions . Fresno
County Probation received $1 ,270,000 to develop and enact evidence based
programming (EBP) for adult offenders . This award continues through September 30 ,
2012 . The fundina allowed for the immediate develooment of EBP in coniunction with
supervision practices that were likely to improve the probation performance o f 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.
XHIBIT A
Evidence Based Practices: Fresno County Probation
Risk-Needs Assessment
The Static Risk Offender Needs Guide (STRONG) is a 41
h generation , state -of-the-art, evidence-
based risk and assessment and automated supervision planning system for adu lt offenders. It's
most salient benefit to corrections agencies is its ability to help personnel predict recidivism by
type of cr ime (violence, property or drug offenses, etc.). This allows probation supervisors to
tailor the most effective decisions and courses for corrections by individual offender.
The resource is delivered through a Web-based interface and enables clients to manage i ntake,
assessment administration , case plan management and outcome reporting from a single
software application. Core components of the program are aimed at providing a precise and
objective assessment to gauge the 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, consi stent 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 "stati c"
factors and scores that determine future risks in three areas : 1) felony, 2) non-violent felony ,
and 3) violent felony . These risk scores lead to classification of offenders into one of five levels:
• High Risk Vio lent
• High Risk Property
• High Risk Drug
• Moderate Risk
• Low Risk
Part 2: Offender Needs Guide
Each high-risk offender receives an Offender Needs {Criminogenic) Assessment reached via a
70-question survey covering social achievements, support systems. cognition and personality
traits. Questioning covers education , emp loyment , 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 the greatest individual risk factors of an offender and
identify ing specific interventions to treat them allow agenci e s to actively facilitate the kind of
positive change that can ultimately keep the offender out of the criminal justice system and help
them become productive members of society.
Adult Day Reporting Center
Adult Day Repo rt ing Centers (ADRC ), are on-site cogn itive restructuring programs designed as
Ev idence Ba sed Pr actices and des igned to cha ng e an offender's adverse thinking patterns ,
EXHIBIT A
provide education a nd j ob training to en able long-term empl oy ment . and hold offenders
accou ntable du ri ng t he day .
The goal s of th e A dul t Day Reporti ng Ce nt er are t o redu ce offe nd er rearrests and reci divism .
ass is t offen ders in successful re entry by providing neede d serv ices . and increase pu bl ic safety
by ho ld ing offend e rs acco untable . Th ese goa ls will be ach ie ved by prov iding ski ll-based learn in g
opportunit ies , educational and voc at io na l t rain ing an d intensive community supeN1s1on .
Participants 1n th e A dult Day Repo rti ng Center:
• En h ance their co ping skills th rough group and peer cou ns eling
• Loca te and mai nt ain stab le hou sing
• Improve edu cation al and vocation al skil l s
• Fi nd and retain me aningful w ork
• St ru cture their activities w ithi n t he c om mun ity
• Receive in tensive comm unity supeNision by th e ir probat ion officers
In Fre sno County , the ADRC as designed and in the process of mo vin g to f ull 1mplem entat1on
has identi fied su pervi sion , treatmen t and tra ining for offend ers who are identi fied throug h
assess me nt for services. Up to 50 rea lign me nt offende rs wi ll eve ntually enro lled in the ADRC .
The current fac ility is co -loca ted with the Adult Drug Su ppression funct ion in Fresn o . Offenders
go through a four-phase program fr om o ne day to seven days per w eek and are typical ly seen
on after care approxi mately six months int o th e progra m. At the present tim e California State
U ni ve rsi ty , Departmen t of Cri minol ogy , has s ubmitt ed an app lication to f und a com p reh ens ive
pro cess and outcom e evalua t ion of th e Adult Day R eporting C e nter program .
Thinking for a Change (T 4 C) A dults
Val idat ed as ev idence based program , Thinking for a Change , (T 4C) cognit ive b ehaviora l
therapy has pro ven to be an effective program for j uve niles an d th roug h e ndowed gr ant f undin g,
extended for adult offe nding populations. Cognitive-Behavioral Therapy (C ST) in the T 4C
mod el is an empirically suppo rted treatm ent that focuses on patterns of thinking that are
ma lada ptive and the beliets th at underlie such th in king . Since 1997, Thmkmg tor a (;hange
(T4C) has trained thousa nds ot correctional staff to facil it ate offender groups in th is evi dence-
ba sed cognitive behavi or prog ram . T he Thinking fo r a Change curriculum u ses as its core a
orob lem solvina co moonent. with both coo niti ve res tru ctur ino an d social skills interv e ntions.
It wa s deve loped to be appropriate for a wide-ran ge of offender group s , an d has b een
imp lemented in all phases of th e juvenile and adult crimi nal justice syste ms with considerable
r ed u ction s in r ecidivi sm .
In Fresno, probation officers ha ve been tra ined and are being train ed in the model and following
a ssessme nt of offend ers t hose moved to the model m eet w ith probation st aff twi ce weekly in
groups of ten t o study and participate in thera py . The Fresno model is part of the e valuation
that Ca liforn ia State Unive rsity ha s proposed co mpleting on t he DRC .
O ffender Li nk T e lepho ne Reporting
Va lidated as a promi sing pra ct ice , Offender Li n k id entifies low ri sk offen ders in bank cas eloa ds
who can maintain contact v ia telepho ne repo rt ing . T his all ow s proba ti o n officers to focus
7I F;,~~
EXHIBIT A
attention on medium to hig h risk offenders through the use of phone and web based se rv ices
th at simplify cl ient superv ision with automated voice authen t ica ted check-i ns. interv iews and
me ssage delivery. Probatio ners receive notifications and co urt remi nd ers. dr ug test noti fica tion s
and specifi c instructions on cond itions of proba tion
Motivationa l Interviewing
Mo tiv ational Interviewing (Ml) is a client-centered approach for eliciting beha vioral change
through he lpi ng offe nders exp lore and resol ve amb ivalence . It is an evidence based practice
th at has been s hown to effectively chan ge be havior. It is a positive and focused goal based
approach that attemp t s to inc rease the offenders awareness of the potenti al problems caused ,
consequences experienced , and risks faced as a result of th e behavior in qu estio n. With
offenders , the belief th at change is possible is an important motivator t o succeed in making th e
change . They 're held responsib le for choosin g and carry out actions to change .
In Fresno Cou nty probation officers and probat ion techn icians t hat ha ve direct c li ent contact are
being trained in the model that will be util ized as an ESP with the rea lignme nt population .
I Proposed Implementation Plan: Roles and Responsibilities
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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 avail able .
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 Apri l 2012 through the end of
the first fiscal year.
8 I .,,.•( t!
EXHIBIT A
Based on inmate classification criteria and the phys ical construction configuration of the
North Annex Jail , the 432 beds being considered for use are all Min imum Security
housing beds . This physical configuration facilitates programming for some inmates
while lim iting such for others. The Jail system cannot be operated by seg regating AB
109 inmates from other inmates . Jai l Objective Classificat ion that includes such criteria
as gender, crime , crim i nal sophistication , gang affiliation etc., determ i nes the use of
housing not the specific fund ing source. However, the add ition of jail beds into the
system will allow for a significantly larg er inmate population . cons iste nt w ith
classification issues to be housed in the reopened floors of the North Annex Jail. This
will include long term commitments und er the mandates of sentencing refo rm 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 releas e supervision up to 180 days ; (4)
violators of state parole up to 180 days ; and (5) post release community supervisees
sanctioned with "flash Incarceration" of up to 10 days .
AB 109 changes how credits for good time and work time are calculated . Th is means
that inmates will be re quired to serve 50 % of their sentence in custody , minus any
credits for time served prior to their sentence as determin ed by th e Court, instead of
two -thirds of their sentence, which is the current law . This change may help mitigate. to
some degree , the impact of tonger sentences being served in the county j ails . Furth e r.
all post relea se community sup ervision revocations and almost all parole revocations
will be served locally con sistent with the Federal Consent Decree. AB 109 encourages
the use of flash in carceration up to 10 days in county j ail for post release community
offenders who vio late th eir commun ity sup ervision term s.
The Fresno County Sheriff's Office is fully co mmitted to providing pro per services for
inmates serving time in jail for a under the auspices of the legisla tion and will work with
the CCP and all attendant interagency and commun ity provider committees tha t are
FXHIBIT 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 anticipa te d that due to
the nature of female criminality that the proportion of female offenders in the
realignment population will increase and that services should be explored that reflect
gender paths to criminality and gender responsivity in the j ustice system provis ion of
services .
Proposed Implementation Plan : Roles and Responsibilities
The Fresno County Probation Department: Post Release Supervision
The Fresno County Probation Department has been designated by the Fresno County
Board of Supervisors as the Supervising County Agency for the Post Release
Community Supervision program pursuant to AB 109. The department is now in the
position and has the authority to begin receiving i nformation 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 i ntensive
supervision model. Available under proposed community release strategies are home
detention with e lectronic 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 leg islation . probation is to
supervise under appropriate terms and conditions of probatio n, cons istent with evidence
F=XI-URIT fl
based practices, treatment services and a serie s of progressive incentives and
sanctions .
Post Release Supervision Model
A supervision ratio for this population has been set at one deputy probation officer pe r
50 offenders . The officers and support staff will be located at a site that will facilitate
program as well as safety and se curity . The officers w ill have full a ccess to the Adult
Day Reporting Center. The probation deparbnent will transition monthly into a
specialized supervision unit with the respon sibility of intensive supervis ion based on the
numbers being released from CDCR. It is estimated that an averag e of two probation
officers will be hired each month through Jun e of 2012 in the initial phase . During the
initial phase of realignment for post relea se community s upervision , approximately 794
post release supervision offe nders will be re ceived 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.
1200 ~-~~~---... '·' ·;·. . . . ·.. -... , .
. . . , . .
'
800 -----
600
10tl ·
Estimated Postrelease Community
Supervision Average Daily Population
Supervision of the post-release populat ion from CDCR by the Fresno County Probation
Department is based on the AB 109 leg islation that provides for community supervision
not to exceed three years and discharge in a minimum of six months if they are
successful under the terms of community supervision . Offenders in this population can
be revoked for up to180 days ; requir ing participation of th e Courts , the District Attorney
and Defense Council , and any time served must be in the county jail.
In keeping with the legislation , the probation department may impose appropriate
sanctions as deemed necessary by the supervising probation office r as approved by the
Superior Court. An expanded continuum of sanctions pro ce ss is being devel oped by
the probation department and a matrix of graduated revocations is also under
construction consistent with evidence based practices demonstrated to reduce
recidivism . This can and w ill include resource and referral , treatment , day report center
13I Page
!=)(~IAIT 11
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 trea tment services for eligible offend e rs as identified
through assessment.
Once an offender is dete rmined to b e eligible through an objective assessment
instrument. the probation department will refer the offend e r to the AORC, where he/she
will be closely monitored and report regularly for drug and alcohol screening and receive
intensive ca se management, substan ce abuse tre atment, life skills , pro -social skill
development , career guidance, and job tra ining. Th e se rvi ces provided at the ADRC will
be designed to break the offende r's entrenched criminal behavior through onsite
se rvices . The Probation Department fully anticipates that by addressing the gap in
se rvice d e livery for this offender population , through evidence-based practices at the
ADRC . it will be able to significantly reduce levels of recidivi sm within this population.
Through the auspice s of SB 678 , the probation department has participated in training
and imple mentation of evidence based practi ces that influ e nce s upervi s ion 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 impl e mentation of the STRONG Assess me nt tool. The data interface for
the department has bee n completed , beta testing is about to beg in and th e assessment
tool will be ready by October 2011 . It is the departments plan to use STRONG the
141 ;: ,, :: ,_
FXHIBIT A
validated risk -needs tool , throughout service provision beginn i ng in the pretrial serv ice
arena .
Adult Compliance Team (ACT)
Intensive superv1s1on based on offender ass essment enjoined w ith evidence based
practices forms the cornerstone of the supervision mode l. T his i ntensive approach is
seen in the formation of an interagency safety alliance with Fresno c ity and co unty
justice partne rs that creates an additional level of offender accountability and public
safety, the Adult Compliance Team (ACT). The "strike team " concept is used t o
describe offi cers dedicated to particular enforcement and safety purposes with an
immed iate capac ity to take action .
At implemen tation , the Adult Compl iance T eam w ill cons ist of sworn officers from t he
Fresno County Probation Department, the Fresno County Sheriffs Department, the
Fresno Police Department, the Clovis Pol ice Departmen t and an investigator from the
Fresno County District Attorn ey 's Office . Contingent upon f uture fund ing , the team will
attempt to add officers from various law enforcement agencie s in t he county of Fresno .
The purpose of the inter-agency complian ce team is to add an add it ional layer of
offender supervision and public safety . This team however is multi-purposed: to enforce
cond itions of probation ; to note trend s in th e rea lign ment pop ul at ion and to be ab le to
efficiently respond to issues ; to prov ide information and d irection for all law enfo rcement
agencies in the county of Fresno and to be the po int of contact for dissem ination of
offender information : to respond rapidly with knowledge and info rmation about the
offende rs in such case as su ch emergen cy situations may arise stemm ing from this
population ; and to mitigate th e need for cu stodial services through appropriate early
interventions . In addi ti on, the team can provide survei ll ance and warrant swee ps in
conjunction with other law enforcement agencies .
15 j p :l §: E
!=)0-URIT A
ACT assigned officers will complete all train ing in relation to evidence based practices
i ncluding cognitive behavioral therapy and Motivational Interviewing conforming to
evidence based decision making capabilities w ith 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 legis lation , alternative
custody is considered for_inmates being held in the county jail i n 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 pub lic safety , to determine if conditional re lease is
appropriate. Pretrial service programs interview defendants to gather information :
references to verify the community ties and substance abuse or mental health
information ; i nvestigations 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 office rs . Research has demonstrated that the pretri al release
16 I P -~Ge
l=XHIRIT 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 capab ilities 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/GP$ and drug testing and could include post-disposition (bridge) and reentry
services as well .
Also critical for the pretrial program is the integration of the STRONG risk needs
assessment with jail systems . As the probation department strives to develop and
implement evidence based practices in pretrial services . the need for appropriate risk
needs assessment is required . Through the use of STRONG , the risk needs
assessment could be completed at the jail by probation technicians . Following
assessment, they could prepare packets with significant information on offenders that
support public and victim safety should the offender be considered for supervised
release .
In consideration of pre-and post-disposition services , CCP providers and users would
benefit from an automated real time treatment and referral system that would save time
and money . Utilizing purchased and interfaced software between agencies , the system
(PRIME) allows referrals to an 'open seat/open bed ' in individual and group settings with
treatment providers and within seconds of the referral , ava ilability is known .
l=XI-IIRIT fl.
Lastly , an evidence based practice that is shown to be effective in pret rial servi ces
according is a "reminder service ". The problem of failure to appear (FTA) can be
extraordinarily costly , both in terms of the financial cost to local justice systems and the
integrity of the judicial process. Eac h court date missed has a ripple e ffect throughout
the justice system, leading to ineffi cient use of time and resource s that a re often already
overtaxed. Missed court appearances frequently result in arrest warrants that require
justice system resource s for processing and serving . Defendants arrested on warrants
for FT A often spend more time in local jails when compared to other jail admissions .
Missed court appearan ces impact victims and witnesses that share a stake in the court
hearings . Reminding defendants of the ir court appearances with court date notifications
is a pretr ial release intervention designed to reduce failure to appear and associated
costs . Systems of reminders such a s l ive , automated and mail have been shown to be
effective and the pretrial services staff should cons ider the use of su c h a system .
As with any effective and comprehensive pretrial services program . the relationship w ith
the criminal court , the probation department, d istrict attorney , public defender and the
sheriff's department must be open and collaborative . All agencies will work together to
insure that services are supportive of public safety as well as the offe nder.
ts I P a gs
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 su ccessful completion of probation and
a crime free reintegration into the community. Since the majority of offenders and
incarcerated populations have serious substance abuse problems , many
contemporaneously with mental health issues . treatment and appropriate services must
be developed and should be considered a critical risk reduction strategy . It is the
recommendation that a Treatment and Services Coalition (TASC) committee be formed
to address the outstanding service needs and service gaps that may be identified for
this population .
Roles and Responsibilities
Program Research and Evaluation
An objective and evidence-based study to assess t he va li dity and effectiv e ness of t he
justice systems response to and the outcomes for the realignmen t population is critical
to determine if the challenges of crime and justice at the co unty level, in clu ding reduced
victimization and recidivism have been appropriately met.
T he program evaluation should commence immed iately and include a process
evaluation to assess the implementation of the strateg ies and services c reated and
directed to the realignment population . In addition , an outcome evaluation tha t wou ld
measure the impact of the strategies and services created for the offending population
in reducing recidivism among the identified populatio n using quantitative research
analysis should also be comp leted .
Qualitative and quantitative data on evidence -bas e d p rogram s a re important in
corrections . Without effective eviden ce-based supervisio n. p rograms , and services , the
system exists without empirical evidence of program effectiveness and compromises its
ability to assist those on probation with changing their criminal behav ior.
Quality assurance through syste matic observat ion and evaluation of various
components of the Fre sno County system is a necessity as well . Th is is in ord e r to
assure and maximize the probability that the m inimum standard s set by the CC P are
maintained throughout the system.
20 I !' age
EXHIBIT A
Tl1e Public Safety R e alig 111n e nt Ac t
A B 109
Update to 2011 ln1pl e m e ntation Plan
2013
Co1111ty of F r es110
ExeczLtive Comm.itt e e of the Co m .niu.ni1.y C orrections Partnership
L inda Peuuer. Chief P 1·ohat1ou Officer. County of Frt'sno (Chair)
Sheran .\lor tou. Co urt .Executh c Oftker. Fresuo Count)' Su p erior Court
Sh t"ri ff :M argaret )Iinu,. Count~ of Frf'::..no
Eliz a bet h Egan. Distr ict Atton1fk~. County of Fresno
K e mu·tli Ta11igud1i. P u blic Defender. Cou nty of Fresno
J erry Dyt'-r. C h ief. F'rel!tno Police DqMr trnent
D o 11 11 a T a y l or. DirN:tor. Bt>havioral Health. Count} of Fresno
...
Ba ck ground
AB 109
T he Public Safety Reali gnme nt Act
Updat e to th e 2011 Impleme ntation P lan
County of Fres no
2013
EXHIBIT A
On August 19, 2011 , the Fresno County Community Corrections Partnership (CCP )
Executive Committee app roved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Plan for 2011 . On September 13 , 2011 the CCP moved the
Imple mentation Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervis ors for approval of the plan pursuant to Assembly Bill (AB)
117 . On that date, the Implementation Plan and the associated budget and resolutions
were approved . The Plan has been operational since that time.
Ch anges are set to occur in the operation of associated programs in the County of
Fresno under the auspices of AB 109 . The intended development and implementation
of new programs requires an amended and updated plan for Fresno County that has
been developed and set for approval by the Community Corrections Partnership (CC P)
on March 15 , 2013 .
In the original legislation under AB 109 in 2011 , Section 1230 of the California Penal
Code was am e nded to read '"E ach county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
th e County Board of S upervisors 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
cou nty as chair. a Chief of Pol ice, the Sheriff. the District Attorney. the Public Defender,
Pres iding 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 des ignated by the
county board of supervisors for purposes rel ated to the development and presentation
of the plan . (c) The plan shall be deemed accepted by the County Board of Supervisors
unl es s rejected by a vote of4/5ths in which case the plan goes back to the Community
Corrections Partnersh ip for further con sideration .
Consistent with the legislation and local needs and resources , the plan is now
undergoing modifications and includes proposals that increase and maximize the
effective investment of criminal justice re sources in evidence-based correctional
sanctions and programs for public safety .
In k ee ping with the legislation as to reporting changes in county CCP operational plans
and services . this proposal delineates proposed change s and mod ifications to the
original 2011 plan for the County of Fresn o.
1
EXHIBIT A
Legislative Ma ndate Hi story
The Fresno County Implementation Plan of 2011 follows the te91s lattve mandates and
inten ts as specified in th e legislation and 1dent1fi ed below. The progra ms , services and
activ it ies have been built both upon the guiding principles stated in the leg islation that
con trols re al ign ment as well as the needs id entified through the operation of the
program locally
T he Public Safety Realignment Act (Assemb ly Bill 109) was signed into law on Apnl 5.
201 1 i n the State of California
Severa l mandated changes took place upon the implementation of the law on Octo ber
1, 2011 :
(1). AB 109 tran sferred re sponsibility for supervising specified lower level inmates and
parolees from the California Department of Corrections and Rehabilitation to counti es .
Thi s population , the Post Release Community Supervision (PRCS) offenders b ecame
el ig ib le for county s upervision for a period not to exceed 3 years , provided by the county
agency des ignated by that county's Board of Superviso rs . In Fresno County , the Fresno
County Probation Department has the designated responsibility for PRCS supervision .
(2) The definition of some felony crim es was revised to include certain crimes that
becam e pun ish ab le in jail for 16 months . 2 years , or 3 years instead of state pri son ,
although some offenses . incl uding seriou s , violent and some sex-offenses , are excluded
and sente nces c an continue to be served in state prison .
(3) Post Re lease Community Supervision (PRC S) and state pa role revocation s are now
served in local jails (by law maximum revocation sente nce is up to180 days). with the
exception of paroled 'lifers · who have a revocation term of greater than 30 d ays. The
Super ior Courts through the implementation of the le gislation now hear revocations of
Post Release Community Supervision (PRCS) offen ders with the Board of Parole
Hearings conducting p a role viol at ion hearings through July 1, 2013 at which time the
Superi or Courts will assume responsibi lity for state parole revoc ation s .
(4) Changes to custody credits have occurred in which jail inma tes are now ab le to
earn four days o f cred it for every two days served . Time spent on home detention (1.e ..
e lectronic monitoring) is credited as time spent in jail custody.
(5) Pe nal Code Section 1203.018 now authorizes electronic monitoring for inmates
being held in the county jail in lieu of bail. Eligible i nmates must first be he ld in custody
for 60 days post-a rra ignm e nt . 30 days for those charged with misdemeanor offenses or
th e inmate is appropriate for the program based on a determination by the correctiona l
adm in istrator that th e in mate 's participation would be consistent with the public safety
inte rests of the community
2
EXHIBIT A
(6) Under the authority of the legis lation , community based punishment was authori zed
th at all ows counties to use a range of community based punishment and intermediate
sanctions ot her than jail incarceration alone or tradit ional routine probat ion superv ision
for the id entified populations .
Changes to 2011 Implementation Pl a n
Programs that we re approved and funded in the original Implementation Plan of 2011
are ongoing . Due to the add itio ns and ch anges that have occurred in the operation of
AB 109 programming , the updated pla n is required for the Community Corrections
Partnership (CCP ) as well as the attendant budget and salary resol utions that will be
re viewed by the F resno County Board of Supervisors following the approval.
Give n the influence in the legis lation to utiliz e evidence based practices and programs
throug h a range of community based services and sanctions, and based on a
determination of needs as ascertain ed thro ugh the operati on of the AB 109 Programs
locally, there are several noteworthy additions and modifications to the approved plan .
Changes and additions to the original 2011 plan have been made in the Fresno County
Sher iffs ' Office . Fresno County Probation Department , the Fresno County Department
of Behav ioral Health and the Fresno County De partm ent of Public Health .
These changes , additions and modification s are :
• Jail Transiti on Unit
• Jail Med i cal Services
• Probation Supervision and Referral Services
• Behavioral Health Contracts
• Adult Compliance Team
• Pending RFP 's f or services
On Ja nuary 22 , 2013 , the CCP so licited and accepted p roposals from interested parties
for the addition and expansion of services based on identified needs and priorities of the
CCP . On February 2 7, 2013 additional programs for which proposals had been
submitted we re selected and w ill further modify the operation of local AB 109 service
provision .
r-· Fresno Co unty Sheriffs Office
With the advent of AB 109 funding 1t was anticip ated that the F resno County jail wou ld
reopen 4 32 beds in the North Annex Jail which occurred on October 1, 2011 . An
add itional floor of the North Annex Ja il with 432 beds opened on September 1. 2012.
3
I
EXHIBIT A
With the support of CCP funding , this h as allowed for the accountability necessa ry for
the foundation of the public safety service s provided through realignment
Fresno County Jail Operations : New Program T JCU
In November of 2012, the Fresno County Sheriffs Office and the Fresno County
Probation Departm e nt were selected to be part of the nation al Tra nsition from Jail to
Community In itiative (T JC). Through the award the agencies have begun a process to
reverse the trend of criminal recidivism in adult correctional populations Through the
provi s ion of evidence based planning. the jail committed to develop jail services and
p ro grams that connect to a continuum of community serv ices designed to enhance
su ccessfu l in tegration . The T JC proJect has been in strumental in ass isting in the
development of a transition pod proposed and approved und e r the a uspices of AB 109
fu nd ing on Feb rua ry 27 , 2013 . Through the collective operation of the probation and
sheriffs departments . the Transition from Jail to Community Unit (T JCU) will be opened
in the North Annex Jail housing up to 72 sentenced prisone rs and id entified through
assessments with commitment times of one year or more The ACTS Jail A ssessment
model will provide both proxy scoring and criminogenic risk need s score for
programming. Evidence b ased trans1t1on services will be d eveloped including
education , substance abuse, and community services . The j a il will attempt to deve lop
class and program space and will work with the Community and Custody Resources
Subcommittee of the CCP to encourage community engagement in th e process of
building a reentry unit as well as faith based programm ing . Staff will be cross-tra ined in
cognitive beh av ioral programming provided by probation including Motivational
interviewi ng and Think ing for a Change . The probation staff will addit iona lly c ase
manage unit offenders and work on the progressive reentry issues i ncluding community
transition through progra m phases.
·-----------------
L--------. Fre~~o County Departme nt of Public Hea lth
Jail Medical Services
Fo llowing approval of the Implementation Plan rn 2011 and on September 13. 2011 the
Department of Public Health req uested and rece ived an allocation for medic al services.
This was later i ncreased due to a higher level of AB 109 inm ates in the jail with an
add itiona l reserve amount put aside to address future costs . Medica l serv ices are
mandated by T itle 15 . Division I of the Californi a Code of regulations. On February 27,
2013 the CC P authorized additiona l funding for Jail Medical services due to continwng
increased costs in the jail
Although not specifically identified in the original Implementation Plan of 2011 , the
provision of medical and mental health services is in keeping with the full course
treatment aspect of realignment and state mand ates for jail medical services .
4
Fresno County Probation Department
Post Release Community Supervisi on offenders in the first year of operation totaled
1,581 mdividuals who were released to the Fresno County Probation Department for
services . Trends noted in the first year of operation and continuing to date are the
appreciab ly higher number of offenders received versus the number projected to be
released . Another trend in the offending population is the use of alcohol and drugs with
multiple problems related to this substance use , including family conflict . employment.
anti-social behavior and new offenses . The need for mental health services was
immediately apparent in the PRCS population. Some required in patient level of care .
The probation department opened the AB 109 'one-stop ' offende r services office on
Winery Avenue in Fresno California At that location , AB 109 offenders can meet with
their probation officers , be referred to the Adult Day Reporting Center on campus , drug
test and be referred to needed services there in cluding Workforce Connection .
To address trends in the offending population since the development of the 2011
Implementation Plan the Probation Department has partnered with both the Department
of Behavioral Health for Turning Point of Central California, Inc. (Turn ing Point)
treatment services for PRCS offenders and the Fresno County Sheriff's Office fo r
offender serv ices that will occur both in and out of custody
Additional Service Provision
Co-located at that location are the mental health and substance abuse services of
Turning Po int of Central California through a contract implemented in 2012 with the
Department of Behavioral Health . Turning Point provides both mental health and
substance use disorder services at their First Street Center. Turning Point provides a
full array of serv ices to include , outpatient mental health and substance use disorder
treatment , full services partnership services for severely mental ill clients , residentia l
detoxification and treatment. and sober living housing . The contract with Turning Point
was expanded due to the increased need for additional residentia l beds for offenders .
s
EXHIBIT A
-------,
L-..---
Fresno County Department of Behavioral Health
I
Th e Imple mentation Plan of 2011 stated that, ''Central to AB 109 legislative intent and
critical to the success of the realignment population is the development and
impl e me ntation of treatment services that address criminogenic needs .. It is known and
e xp ected that a significant number of the real ignment population have long standing
un ad dre ssed substance abuse problems and/or mental health issues that will need to
b e con sidered as the CCP plan goes forward ... Since the majority of offenders and
incarce rated populations have serious substance abuse problems . many
contemporaneously with mental hea lth issues . treatment and appropriate services must
be deve loped and shou ld be considered a critical risk reduct ion strategy ."
Fr es no County De partment of Behavioral Health (DBH ) was tasked with providing
me nta l health an d substance use disorder services for the PRCS population . OBH
d etermined these services would be provided by a community b ased provider. Afte r
going through the county's compet1t1ve based process a contract was awarded to
Turning Point of Central California .
Turning Point provides both mental health and substance use disorder services at their
First Street Center as well as assessments and limited outpatient services at probation's
Winery A venue site . Turning Point provides a full array of services to include, outpatient
menta l health and substance use disorder treatment , full services partnership services
for seve rely mental ill clients , residential treatment. sober living housing . The contact
was expanded on September 1 1. 2012 due to the increased need for residential and
tre atment beds for offenders .
l----~~~~ Multi-Agency Adult Compliance Team
The Fre sno County Adult Compliance Team (ACT) became operational in November of
2011 and presently consists of two Fresno County Probation Officers . one Fresno City
Police Officer , one Clovis City Police Officer . one Fresno County District Attorney
Inve st iga tor and one Fresno County Sheriff's Sergeant. Thts team is multi -purposed . to
enforce conditions of superv ision ; to note trends in the realignment population and t o be
able to efficiently respond to issues · to provide information and direction for all law
enforc ement agencies in the County of Fresno and to be the point of contact for
di ss emin a tion of offender information to respond rapidly with knowledge and
inform ation a bout the offenders i n such case as emergency situations m ay arise
stemming from this population as well as the need to mitigate the need for custodial
se rvices .
In the Implementation Plan of 2011 , there was no prov1s1on made for overtime and
training cost s . On February 27 2013 the CCP did approve the add ition of th ese costs
to the plan .
6
I
1
EXHIBIT A
Pending Contracts
'--~~~~~~~~~~~~~~
At the Community Corrections Partnership meeting on February 27, 2013 the CCP
approved funding for two additional contracts for offender services in keeping w ith the
intent of the AB 109 legislation that would create , expand and implement community
and agency re so urces for the offending populations
Counsel in g Services
The first allocation was for m custody . out of custody and pretrial counseling services .
The purpose of the contract 1s to provide services designed to reduce recid1v1 sm by
targeting behaviors that le ad to or continue criminal behavior through the provision of
counseling serv ices to id entified offenders in the AB 109 population . The contractee
would be expected to provide services at the jail and through case managed
supervision , at various locations tn 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 i n the jail.
Homel ess Offender Services
The needs of the homeless offender are broad and encompass many areas Collective
priorities in our community and l iterature on evidence based practices support the need
for homeless offenders that do not qualify for mental health and substance abuse
consideration. The purpose of the contract would be to provide services for unmet
needs for those being released from prison (PRCS) the tran sition pod at the jail
including transitional residential housing . those who become homeless while under the
supervision of the probation department and those offenders who could qualify for pre-
trial re lease with a requisite residence requirement. In additional services designed to
divert offenders from the cycle of incarceration and homelessness through supportive
and evidence based programing in conjunction with transitional housing with homeless
participants would be a requisite part of the program
Employm e nt Assistance
In add ition to the above newly approved Request for Proposals , the Community
Corrections Partnership has authorized a shift in dedicated monies to an expansion of
services for job training and assistance for the AB 109 population A contract to
address and expand job training would allow for on-site assistance at the 'one-stop '
center for offenders to coincide with other needed services. The purpose of the contract
wo uld be to provide employment services for offenders that have little to no work
experienc e , have d ifficulty keeping a job, assist with workplace technology and
counseling servic es including substance abuse education and social work services that
focus on j ob retentio n
7
EXHIBIT A
I Discussion of Program Operations Since 2011
---'
Pretrial Services Program
The Fresno County Probation Pre Trial Services program became operational in
September, 2012 . At the present time, over 300 offenders have been referred for
services based on the Pre Trial Virginia Model of Assessment (VMI) with supervision
services that include GPS monitoring and tracking . Assessment services (STRONG)
are also being completed on AB 109 supervised offenders as identified in the
Implementation Plan .
Automated Voice Calling (AVC)
The evidence based practice shown to be effective 1n court processing of offenders is
the automated telephonic 'reminder' service , as discussed in the original implementation
plan , became operational in July 2012 . Automated calls to defendant's homes
providing a court hearing notice as provided by ln Touch have attempted over 44 , 000
automated voice contacts (AVC) to defendants in Fresno County Courts.
Sub-Committees to the Community Corrections Partnership
In the Implementation Plan of 2011 , one treatment oriented subcommittee was identified
for support of the AB 109 plan . Smee that time . subcommittees have been formed that
focus on the speciali zed community and offender issues of AB 109 as welt as provide
collaboration . information and assistance to the CCP.
These standing committees are : Fiscal Review and Audit; Community and Custody
Resources : Victim/Mandates ; Inca rceration and Capacity ; Technology ; Courts;
Research and Evaluation; and the Adult Compliance Team Review Committee. The
committee members are present at each CCP meeting and re port out on work that has
been accomplis hed in the interim between CCP meetings or on specialized tasks at the
direction of the CCP .
Data Collection
The firm of Owen Research and Evaluation (ORE) was hired by the CCP through
contractual agreement to provide the CCP evaluative services as required and
approved in the AB 109 Implementation Plan for Fresno County. The overall focus of
activity has been to create an objective and evidence based evaluation and quality
assurance plan for the county. ORE continues the process and is in the development of
an analytic report to compare descriptive data to outcomes which will completed once
the fil ing data for the county is finalized
Additional objectives are to assess the effectiveness of the county's implementation
plan and the impact on public safety of relea sed offenders from state prison to the
supervision and custody of Fresno County; to review the programs as selected and
implemented for the most efficient and effective outcomes and to provide information to
the CCP that will assist in informed decision making.
8
EXHIBIT A
Status of Implementation Plan Programs : 2013
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for im plementation have been realize d and the overall tenure and
direction of the CCP has b een accomplished . One service for client referral in ·real
t ime· for treatment providers as discussed in the implementation plan was not
im p lemented due to technology is sues .
Under the g ui s e of both accountability and evidence based p ractices and principles
consi stent with public safety . programs identified for initial implementations h ave been
enacted
Since incep tion , the direction and goal of the Fresno County Community Corre ctions
Partners hip as established under AB 109, has been the successful implementation of
the legi slation with the consideration of the unique local issues that m a y impact offender
a chievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
a nd identified correct,onal issues of this county.
The new modifications and add itio ns to the Fresno County AB 109 operational plan
serve the needs of the county. The Commun ity Corrections Partnersh ip of Fresno
County is c ommitted to philosophica l and operational programs necessary to reduce the
cri me and recidivism wh ile promoting a reduction in criminal victimization and increased
public safety .
9
EXHIBIT A
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -znct Update
County of Fresno
Executive committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
I Sheran Morton, Court Executive Officer, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dye1·, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
EXHIBIT A
r-----------------------·---------·----------·--· . --AB ·109 -1
The Public Safety Realignment Act I
Second Update to the 2011 Implementation Plan i
County of Fresno I
October 2013
l.------------------------····--·-··-·----------·--·--······-------·-···-·--·-----·---··-·. ·-----------------------------···-····--·-f
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 resources the plan may include recommendations
to maximum the effective investment of criminal justice resources in evidenced-based
correctional sanctions and program including , but not limited to day reporting centers,
drug courts , residential multiservice centers, mental health treatment programs ,
electronic and GPS Monitoring Programs , victim restitutions programs , counseling
Programs , community service programs, educational programs and work training
programs."
On August 19, 2011, the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Plan for 2011 . On September 13, 2011 the CCP moved the
Implementation Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervisors for approval of the plan pursuant to Assembly Bill (AB)
117. On that date, the Implementation Plan and the associated budget and resolutions
were approved. The Plan has been operational since that time .
Again on March 15, 2013, the Community Corrections Partnership approved an update
to its existing plan and April 23, 2013 , the Plan Update and associated Budget and
Salary Resolutions were moved to the Fresno County Board of Supervisors which were
approved . In a budget workshop on October 1, 2013 the CCP accepted proposals for
modifications to the Plan and on October 15, 2013 , the CCP approved funding for the
proposals consistent with the original intent of the legislation and the Fresno County
Plan .
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 need to collect
local data at the County level that is consistent. timely and useful data across multiple
agencies , systems and contractors has become critical. With the advent of data based
decision making and requirements at the state and local level, processes have changed
significantly in the area of data and information collection . In addition , the i ntroduction of
proposed expansion of research efforts on multi-levels including the PEW-supported
Results First Initiative, the Public Policy Institute of California (PPIC) and the Urban
Institute, require new methods of data management. It has become apparent that there
is a gap in developing high quality data sets for the County and its multiple agencies
requiring the data for use in a number of efforts. While the County has contracted for
research and data analysis with an outside agency, the need for ongoing institutional
management of many levels of data and coordination of data efforts between the
agencies is a critical need . Two data positions were needed to meet the growing and
continuous needs of public safety realignment: a data manager and a data collector.
Two Fresno County approved corresponding positions have been identified; an
Information Technology Analyst and a Program Technician .
Data continues to be needed from the following agencies : Adult Probation , APS data
base : District Attorney's Office, STAR data processing system ; Superior Court, V2
system ; County Jail, Offender Track; County Behavioral Health and Private Provider
case files. The end product of these systems coordinating with each other would be
3I Page
EXHIBIT A
excel data sheets that allow merging based on unique identifiers for the use of all data
reporting requests and agency needs.
The data manager will be responsible for collaborating with research partners and
justice agencies to identify and develop data set requirements , contents and schedules .
The data manager would work with both County and contract provider partners to obtain
requested data . These county partners include Probation , Sheriffs Office (Jail IT), and
the DA 's Office, Behavioral Health , the Superior Court and others . Contract providers
would include any agency or entity that provides services to the realignment effort.
Other critical data 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 crim inal 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 .
L Fresno County Sheriffs Office ·-------=------------J
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 judi cial documents . T he Jail is now
the custodian of records for all AB 109 commitments. Processing the commitment
packets that are forwarded by the court requires consistency and specialized training .
Staff are required to calculate and enter a variety of sentencing adjustments pursuant to
Penal Code Sections 4019 and 4019 .2. Jail Records is also required to compile PC
969b prior conviction reports for the courts . In order to do so , staff must perform a
substantial amount of specialized research on each commitment packet file . All of the
additional AB109 paperwork and tasks related to processing additional paperwork
significantly overta xed limited re sources
The Community Corrections Partnership approved funding for 4 Program Technician
positions. The positions are subject to Fresno County Personnel's review of the
classifications to be used to address jail records needs that are based on increased
workload from AB 109 offenders. The appropriation from the CCP was $164 ,000 for the
remain ing fiscal year and; $328,000 for a full fiscal years funding .
EXHIBIT A
Pending Requests for Proposals (RFPs)
At the Community Corrections Partnership meeting on October 15, 2013 the CCP
approved funding for two add itional contracts for offender services in keeping with the
intent of the AB 109 legislation that would create , expand and implement community
and agency resources for the offending populations .
Domestic Violence Services
The first allocation was fo r in custody , out of custody and pretrial counseling services for
identified offenders. The purpose of a contract would be to provide holistic counseling
services designed to reduce targeting individual behavior of offenders and services to
family members that would reduce rec increase offenders ' chances of success in the
community as well as improve family functionality . The contractee would be expected
to provide services at the jail and through case managed supervision , at various
locations in the county for both PRCS offenders and AB 109 offenders released from
the jail. The program would be developed around the identified and assessed needs of
offenders and with the direction of a probation officer or case manager in the jail . The
Community Corrections Partnership has allocated approximately $400 .000 for this RFP .
Employment Assistance
After stable housing, one of the most important components of successful community
corrections is employment which was originally described in the AB 109 Implementation
Plan of 2011 . Research supports that finding employment is a critical step for offenders
to reduce recidivism and that employment training is a critical element of rehabilitation .
The purpose of the contract would be to provide employability services for offenders
that have little to no work. experience , have difficulty keeping a job, assist with
workplace technology , employability and job placement services. Ancillary services as
to coaching , counseling services including substance abuse education and social work
services that focus on pro-social development to increase job retention would also be
part of the contract. The Community Corrections Partnership has allocated
approximately $400 ,000 for this RFP .
Discussion of Program Operations since 2011 Data Collection
T he firm of Owen Research and Evaluation (ORE) was hired by the CCP through
contractual agreement to provide the CC P evaluative services as required and
approved in the AB 109 Implementation Plan for Fresno County . The overall focus of
activity has been to create an objective and evidence based evaluation and quality
assurance plan for the county . In addition , the introduction of proposed expansion of
research efforts on multi -levels including the PEW -supported Results First Initiative,
the Public Policy Institute of California (PPIC ) and the Urban Institute have required new
methods of data management. The First Year Interim Report on AB 109 was released
to the CCP in October of 2013 and is available on the Fresno County Probation website.
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.
Attachment "A"
The Public Safety Realignment Act
AB 109
EXHIBIT A
Implementation Plan 2014 -3rct Update
County of Fresno
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chie f of Poli ce, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
•
=.-.. ·'
if ~ .
:i
f
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 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 subd ivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. The pla 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 Pubhc Defender,
Presiding Judge or their designee, and one department representative listed in either
subparagraph (G) (H) or (J) of paragraph (2) of subdivision (b) of Section 1230 as
designated by the County Board of Supervis ors fo r development and presentation of the
plan. The plan shall be deemed accepted by the County Board of Supen,isors unless
the Board rejects the plan by four -fifths of the Boa rd , in which case the plan goes back
to the Community Corrections Partnership for further consideration . Consistent with
loca l needs and resources the plan may include recommendations to maximize the
effective investm ent of criminal j ustice resources in evidenced-based correctiona l
sanctions and programs includ ing , but not limited to : Day Reporting Centers , drug
courts, residential multiser111ce centers , mental health treatment programs , electronic
and Global Positioning System (GPS) monitoring programs, victim restitution programs,
co unseli ng programs , commun ity seN ice programs , educational programs and work
training programs .
On A ugust 19, 2011 , the Fre sno County Community Corrections Partnersh ip (CCP)
Executive Committee approved the Public Safety Realignment Act, Assemb ly Bill (AB }
109 Implementation Plan for 2011 . On September 13, 2011 the CCP moved the
Implementation Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervisors for approval of the plan pursuant to Assembly Bill (AB)
117 . On that date , the Implementation Plan and the associated budget and resolutions
were approved . The Plan has been operational since that time .
Modifications to 2011 Plan
Due to the need for modifications of the original plan, in March, 2013 the first amended
plan was app rove d by the CCP and the updated plan and associated budget and salary
resolutions moved to the Board of Supervisors and were approved in April 2013. In
October 2013 the second amended plan was approved by the CCP and moved to the
Board of Supervisors wi th the associated budget and salary reso lutions approved in
January 2014.
2!Pag e
EXHIBIT A
The plan co ntinu es to undergo modifications to inc rea se and maximize the effective
inv estme nt of cr iminal justice resources in evidence -based co rr ect ional sanctions and
programs for public safety . In keeping with the legisl ation as to reporting changes in
co unty CC P ope rational pla ns and serv ices , t his th ird update to the orig inal plan
delineates changes and modifications to the or igina l 20 11 plan fo r the County of Fresn o
with fun ding allocation s by the CCP on October 1, 20 14 .
Program Changes to 2011 Original Implementation Plan
Programs th at were approved and funded in the orig ina l Implementation Pl an of 20 11
are ongoing and or expanded . Due to the additions and changes that have occurred in
the ope rat ion of AB 109 programming , a third update to the plan is requ i red for the
Com mun ity Corrections Partnership (CC P) as well as the attendant budget and salary
reso lutions that will be reviewed by the Fresno Coun ty Board of Supervi sors fo ll owing
CCP approval.
Based on a d et erm ination of needs as ascertained through the operat io n of t he AB 109
programs locally, and on th e p resentatio ns made to the Community Corrections
Partn ersh ip , the re are several noteworthy addit ions and mo dif ica tions t o t he 201 1
approved plan .
Fre sn o Coun ty Sheriff's Offi ce
IT Support Position
Due to incre as ing workload for var ious research activities as sociated with the opera t ion
of the AB 109 program , th e Sheriffs Office requested an IT s uppo rt pos it ion which was
approved to provide custom application development to integrat e j a il prog ram services
data a nd customize report p rogramm ing . The Community Cor rect ions Partnership has
allocated $98,0 11 for this pos ition .
Pending Additional }\~t ions /Requests for Proposal s (RFPs )
The Community Corrections Partn e rsh ip approved fun di ng to move forwa rd with
Requests for Pro posals for additional contracts for offender seNic es in kee p ing witfl the
intent of the AB 109 legislation. These all ocations create , expand an d implement
community and agency resour ces for the identified popu lations.
Domestic Violence Servi ces
The purpose of the co nt ract would be to provi de both batterers intervention treatmen t
and holistic counseling seNices for offe nders and fam ily members tha t would redu ce
recidivism and increase offende rs' chances of success in the community as wel l as
i mprove fa mily functionality. T he se n1ices could include parenting a nd anger
management classe s as well as in dividual cou ns el ing . Th e contractee wo uld be
3jPag e
EXHIBIT A
expected to provide services through case managed supervis ion , at various locations in
the county for both Post Release Community Superv ision (PRCS ) and AB 109
offenders re leased from the jail . The program would be developed around the
identified and assessed needs of offenders and with the direction of either a probation
officer or case manager in the jail. The Community Corrections Partnership has
allocated approximately $203 ,725 for th is RFP . Funding for these services was also
approved as part of the CCP plan -2 nd update . However, implementation requ ired
further refinement of the serv ices , which has been identified and will be included in the
proposa l.
Adult Compliance Team (ACT)
Two additional law enforcement officers were funded to be added to the team to include
law enforcement agencies from county locations not presently participating on the Adult
Compliance Team . The cost approved for the additi on of the two law enforcement
officers is $283 ,000 per year.
In addition , funding was expanded to prov ide addit ional tra ining for officer safety, team
tactics , and training on curre nt crim in al behavioral trends . Funding was increased · for
training by $15, 000 per year.
Re-entry Services
The Community Corrections Partnersh ip allocated funding for the development of
behavioral modification programs and behavioral cognit ive therap ies to address criminal
thinking and de-institutionalizing hab its and mindsets of offenders to be delivered in
both case managed serv ices in the community and at t he jail for realigned populations.
This program will provide an array of workforce development services geared to
i ncrease skills acquis it ion and improve the chances of successful employment
outcomes . In addition , the program will target employers that have been locally
determ ined as high-growth and high-demand in order to create opportunities for self-
sufficiency and career advancement for the "hardest to employ" population . The CCP
ailocated $276 ,944 for an RFP for services . Funding fo r employment serv ices was also
approved as part of the CCP plan -2nd update . However, implementation required
further refin ement of the services, wh ich has been identified and wi ll be included in the
proposa l.
Status of Implementation Plan Programs: November 2014
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for implementation have been or are being implemented and the
overall tenure and direction of the CCP has been accomplished . Under th e guise of
both accountability and evidence-based practices and principles consistent with public
safety, programs identified for initial imp lementat ions have been enacted .
Since inception , the direction and goal of the Fresno Cou nty Community Corrections
Partnersh ip as established under AB 109 , has been the successfu l implementation of
41Page
EXHIBIT A
the legislation w ith the con sid erat ion of the unique local issues that ma y impact offende r
achievements and public safety. A balanced approach has been struck that affords
offender accountability w it h the development of community corr ec tio ns fitti ng the needs
and identifie d correct ional issues of this county .
The new modifications and additions to the Fresno County AB 109 operational plan
serve t he needs of the co unty . The Com m un ity Correct ions Partn e rsh ip of Fresn o
Cou nty is committe d to philosoph ical and operational pro grams necessary to reduce the
crime and recidivism while promot ing a reduction in c rimin al victimization an d increa sed
public safety.
SI Pa ge
The Public Safety Realignment Act
AB 109
Implementation Plan 2015 -4th Update
County of Fresno
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Lisa A. Smittcamp, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
,-·········--·----. ······-··· .....•.... -····· ····· •·····• ····--·. ···-···· ... ·-·-···········-···-·· ....... ··-· -..... --·-.. -.. ----.... ··--····· -... ---· .... ---······----.. -----·· ... ·--------··-------·-··--
: AB 109
The Public Safety Realignment Act
Fourth Update to the 2011 Implementation Plan
County of Fresno
L_ ________ ·-·-··-· ..... ---· ... ··-·····-... ·--·-. ·-·---· ..... ----~~v~.!!.'~~-~-~~-1-~ .. ···-........ ··-... ··-·-··· ..... ·--· -· ·-·--· ·-·--·-··--·-··-·. ·-···.
Background
In the original legislation under AB 109 in 2011 , Section 1230.1 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. (b) The plan shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of the Chief Probation Officer of the
county as chair, a Chief of Police , the Sheriff, the District Attorney, the Public Defender ,
Presiding Judge or their designee , and one department representative listed in either
subparagraph (G) (H) or (J ) of paragraph (2) of subdivision (b) of Section 1230 as
designated by the County Board of Supervisors for related to the development and
presentation of the plan . (c) The plan shall be deemed accepted by the County Board of
Supervisors unless the Board rejects the plan by four -fifths of the Board , in which case
the plan goes back to the Community Corrections Partnership for further consideration .
(d) Consistent with local needs and resources the plan may include recommendations
to maximize the effective investment of criminal justice resources in evidenced-based
correctional sanctions and program including , but not limited to : day report centers , drug
courts, residential multiservice centers , mental health treatment programs , electronic
and GPS monitoring programs , victim restitutions programs , counseling programs ,
community service programs , educational programs and work training programs .
On August 19 , 2011, the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Plan for 2011 . On September 13 , 2011 the CCP placed the
Implementation Plan and associated Budget and Salary Resolutions on the Fresno
County Board of Supervisors agenda for approval pursuant to Assembly Bill (AB) 117 .
On that date , the Implementation Plan and the associated budget and resolutions were
approved . The Plan has been operational since that time .
Modifications to 2011 Plan
Due to the need for modifications of the original plan, in March 2013 the first amended
plan was approved by the CCP and the updated plan and associated budget and salary
resolutions were placed on the Board of Supervisors agenda and approved in April
2013 . In October 2013 the second amended plan was approved by the CCP and
placed on the Board of Supervisors agenda with the associated budget and salary
resolutions and approved in January 2014. The third amendment and associated
budget and salary resolutions was approved by the CCP on November 14 , 2014 and by
the Board of Supervisors on December 2 , 2014 .
21 Page
Modifications to the plan will continue to be needed to increase and maximize the
effective investment of criminal justice resources in evidence-based correctional
sanctions and programs for public safety. In keeping with the legislation as to reporting
changes in county CCP operational plans and services , this fourth update to the original
plan delineates a modification to the original 2011 plan for the County of Fresno with
funding allocations by the CCP on November 6 , 2015 .
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing and or expanded . Due to a modification that has occurred in the operation
of AB 109 programming , a fourth update to the plan is required for the Community
Corrections Partnership (CCP) as well as the attendant budget and salary resolutions
that will be reviewed by the Fresno County Board of Supervisors following CCP
approval.
Based on a determination of needs as ascertained through the supervision of AB 109
offenders, the following modification is made to the 2011 approved plan .
Fresno County Probation Department
Post Release Supervision Model
The initial Implementation Plan set a supervision ratio of one deputy probation officer
per 50 offenders . This plan update increases the supervis ion ratio of one deputy
probation officer to 35 offenders for designated specialized caseloads including
domestic violence , sex offender and mental health . Based on experience with these
three designated caseloads, they require enhanced supervision levels above the
general AB 109 caseloads. The general caseloads will remain at a supervision ratio of
one deputy probation officer to 50 offenders .
Status of Implementation Plan Programs: November 2015
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for implementation have been or are being implemented and the
overall tenure and direction of the CCP has been accomplished . Programs identified for
initial implementation have been enacted in accordance with evidence based practices
and principles consistent with public safety.
Since inception , the direction and goal of the Fresno County Community Corrections
Partnership as established under AB 109, has been the successful implementation of
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
3I Page
and identified correctional issues of this county . The new modification to the Fresno
County AB 109 operational plan serves the needs of the County .
41 Page
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
February 2012
OPERATIONAL GU ID ELINES AND PROCED URES
Fresno County Probation Department
Fresno Cou nty Sheriff's Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Departm ent
Exhibit B
1
I. PURPOSE
This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and cooperative
effort. Additionally, it formalize s relationships between parti cipating agencies for policy and planning in
order to create a cooperative unit capable of addressing the public safety concerns and issues faci ng
local law enforcement in Fresno County regarding probati on, po st re lease community su pervi si on
(PRCS), and mandatory su pervise d release that may occur due to the passage of the Criminal Just ice
Realignment Act (AB 109) effective October 1, 2011 .
II. MISSION
Th e mission of ACT is to provide an additional layer of offender su pervi sio n 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 r elease wit h intensive
surveillance by peace officers dedicated to enforcement of conditions of release.
B. To identify supervised offenders who are not meeting their conditions of release in
order to ensure compliance.
C. To mitigate the need for custodial sa nctions through appropriate early interventions.
D. To document trends in the realig nment population and r espond efficiently to emerging
trends that adverse ly affect publi c safety.
E. To gather, collect, and provide information and direction regarding the post relea se
community supervision (PRCS) and r ea lignment populations for all law enforce ment
agencies in th e County of Fresno and act as the point of contact for dis semination of
offen der information to law enforce m ent.
F. To respond rapidly to emergency situations with knowledge and information about the
offenders.
G. To provide other public safety r espon ses including searches as authorized by the terms
of release and warrant services, as needed.
IV. GENERAL OPERATIONAL STRATEGIES
Intensive sup ervision based on offender assessment, enjoined with evidence b ased practices,
forms the cornerstone of the Fresno County AB 109 supervision model. Th is inten sive approach
is see n in the formation of ACT ; an interag ency public safety alliance with local law
enforcement agencies and co unty justice partner s that provides an additional level of offender
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accountability and public safety. The "st rike team" concept is used to describe peace officers
under ACT, dedicated to particular enforcement and public safety purposes, with an immediate
capacity to take action with offenders under probation supervision, post release community
supervision (PCRS), and mandatory supervised release by the Fre sno County Probation
Department.
To this end, the participating agencies developed these operational guidelines and procedures
concerning the formation of the Adult Compliance Team . The participating agencies agree
jointly and separately to abide by these terms and provisions set forth throughout the
formation of the joint operation.
V. ORGANIZATIONAL STRUCTURE
The Adult Compliance Team will be co-located at the Fresno County Probation AB -109 Unit. The
team will be under th e administrative direction of the Probation Divi si on Director who
maintains responsibility for the Adult Probation Field operations.
The team will consist of sworn officers from the following agencies: two (2) deputy probation
officers from the Fresno County Probation Department; one (1) police officer from the Fresno
Police Departm ent; one (1) police officer from the Clovis Police Department; one (1) police
officer from the Selma Police Department; one (1) senior district attorney investigator from the
Fresno County District Attorney's Office; and one (1) sergeant from the Fresno County Sheriff's
Department. Dependent upon future funding, t he size of ACT m ay fluctuate according to the
number of officers and agencies.
Under the policy and planning direction of t he Community Corr ecti ons Partnership (CCP), ACT
will utilize an Advisory Sub-Committee of CCP .
A. Policy and Direction
The CCP Executive Committee will establish policy and set direction for ACT consi stent with the
Mission and Goals stated in this document.
8 . ACT Advisory Sub-C ommittee of th e CCP
Each law enforcement agency that assigns personnel to ACT may designate a member to the
ACT Advisory Sub -Committee of th e CCP. All law enforcement agencies operating within the
county with an interest in ACT are welcome to attend the meetings of the ACT Advisory Sub-
committee. Appointments to an d r emoval from the ACT Advisory Sub-Committee and
appointment of a Sub -Committee Chairperson will be made by the CCP Executive Committee.
C. Operations Commander
The assigned Fresno County Sheriffs Department Sergeant will be the day-to-day operations
commander and responsible for overall coordination of tactical field operations.
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The Operations Commander ha s overall responsibility for the operation of ACT . The Operations
Commander is accountable to the CCP Executive Committee for implementing direction set by
th em . The Operation s Commander will liai so n with individual members of the ACT Advisory
Sub-Committee, and will attend meetings of the CCP as required .
D. Probation Department
All probation conditions and release compliance remain s the responsibility of the AB 109
probation officer assigned to a specific offender. Th ese co nd itions are predetermined before
release from custody to probation, post r el ease community supervisi on or m a ndatory
supervised relea se . Th e offenders will be und e r the su p ervi sion of their assigned probation
officer or ACT probation offic er.
VI. OPERATIONS
A. Supervision and Field Res ponsibilit y
The use of surveillance, supervision, and field contacts will be established in co njunction with
Fresno County Pr o bati o n Department policies and as esta blish ed by the CCP Ex ec utive
Committee, ACT Advisory Sub-Committee, and policies and procedures of general law
enforcement accepted practice s as es tablishe d by statute and case law.
B. Reco rd s and Reports
All reports created by ACT r elated to contact s with thos e o ffe nders under probation
supervi sion , post re lease co mmunity supervision , and mandatory su pervise d r elease will be
entered into the Adult Probation System {APS). All agencies participating on the ACT will hav e
full access to Sharenet and the information in AP S. Information sharing with othe r law
enforceme nt agencies regarding offenders und e r probation supervision, post r elease
community sup e rvi sio n , and mandato ry supervi se d relea se allowing for appropriate law
e nforce ment r es pon se is a priority for ACT.
Any additiona l crime, arrest, or incident report will be docum en ted by the primary investigative
officer through the use of their own d epartmental r eport writing system .
VII. ADMINI STRATION
A. Financial Admin is tration
Financial administration of ACT fund s allocated by th e CCP Exec utive Committee will be the
responsibility of the Fr es no County Probation Departme nt Busin ess Office through th e duration
of the program. In addition, the allocation and m a na ge m e nt of funds are gu ided by Fresno
County Fiscal Policy and under the r ev iew quarterly of the CCP Fin an ce and Audit Su b-
committee for presen t ation 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 u se in executing the
mission of ACT .
C. Commun ica tions
Each participating law enforcement agency will provide communicat io ns equipment for its own
personnel. Each agency is responsibl e for its interagency communication operability. The
policies and procedures of each agency will govern commun ic ation by its own personnel. The
Fresno County Sheriff's Dispatch will be the primary contact for operations of ACT
0 . Firea rms
Each participat ing law enforc ement agency will provide all necessary firearms for its own
personnel. The policies and procedures of each agency will govern the use of fir ea rm s by its
own personnel.
E. Equipment and Prop e rty
Any property, equipment or other items acquired with funds allocated by the CCP Executive
Committee shall be the property of ACT . Upon termination of participation in ACT, each agency
shall return all property of ACT, which shall be distributed as determined by the CCP Executive
Committee.
F. Training
ACT assigned officers will complete training as r equired by their r espective agencies and as
approved by the Operations Commander and each l aw enforcement agency. Training will
include training i n Evidence Based Practices defined as supervision policies, procedures,
programs, and practices demonstrated by scientific research to reduce recidivism among
individuals under probation, parole, or post release community supervision.
G. Personnel Management
The selection of ACT members will be made by each participating agency. If any ACT policies
and procedures conflict with any of the part icipating agencies' policies and procedures, notice
of said conflict shall be immediately given to a supervisor. The supervisor will take whatever
action necessary to reconcile the conflict .
Each participating agency re tains full responsibility for the professional and personal conduct of
its own personnel assigned to ACT . Each participating agency will follow their agency
directives/MOU for working modified schedules.
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VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as policies
and procedures that may be required by parti cipation 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 Evaluation s
c. On-Duty Motor Vehicle Accidents
d. Injuries Sustained on Duty
e . Officer-Involved Shooting
f . Di scharge of Firearm
g. Vehicle Pursuits
h . Use of Force
Each participating team member's agency has in place an administrative process for addressing
the situations listed above . Should these situations occur, ACT will immediately notify the
involved officer's agency. It will remain the responsibility of the involved officer's agency to
address those situations pursuant to their own administrative process. All agencies involved in
a critical incident will have the opportunity to observe other agency inte rviews with th e ir own
employees.
IX. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to these
Operational Guidelines and Procedures by submitting it at any regular meeting of the ACT
Advisory Sub-Committee. The proposed amendment would be submitted to the Executive
Committee of the Community Corrections Partnership for their approval.
X. TERMINATION OF PARTICIPATION
An agency shall terminate participation in the following manner: d e livery of written notice to
COUNTY, to the Chairperson of the CCP Executive Committee and to all other participating
agencies, with termination to be effective 60 days after delivery to COUNTY .
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