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AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into th is_ 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 KERMAN , a municipal
corporation , hereinafter referred to as "CONTRACTOR."
W I T N E S S ET H:
WHEREAS, the State of California , under Assembly Bill 109, the Public Safety
Realignment Act (AB 109), has realigned responsibilities for probation, post release community
supervision (PRCS) and mandatory supervised release of offenders ; and
WHEREAS , the Public Safety Realignment Act AB 109 Implementation Plan of 2011 ,
including its updates , hereinafter collectively referred to as the "AB 109 PLAN ," was developed
by the Fresno County Community Corrections Partnership (CCP) and approved by the Fresno
County Board of Supervisors ; and
WHEREAS, the AB 109 PLAN includes formation of the Adult Compliance Team
(ACT) to create a cooperative unit capable of addressing public safety concerns and issues facing
local law enforcement in Fresno County; and
WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriffs
Department, the Fre s no County District Attorney's Office, the Fresno County Probation
Department, and officers of the Fresno, Clovis , Selma, Kerman , Kingsburg , and Reedley Police
Departments; and
WHEREAS, the State of California has provided funding to COUNTY for th e purpose
of implementing AB 109 services.
NOW, THEREFORE, in respect of the mutual promises contained herein , the Parties
hereto agree as follows:
1. OBLIGATIONS OF THE COUNTY
COUNTY shall compensate and remit to CONTRACTOR, as provided herein
an amount equal to the cost of one (1) City of Kerman Police Officer ("Police Officer") for
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5th
Agreement No. 17-619
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assignment to the ACT, not to exceed, in aggregate , the maximum amount payable under this
Agreement of $131 ,013 .
2. OBLIGATIONS OF THE CONTRACTOR
CONTRACTOR shall assign one (1) Police Officer to be responsible for
fulfilling the responsibilities of an ACT member, as set forth in the AB 109 PLAN , including by way
of example , pages 15 and 16 of the 2011 version thereof, and in accordance with the ACT
Operational Guidelines and Procedures, both attached hereto as Exh ibits "A " and "B",
respectively, and incorporated herein by reference . In the event that the AB 109 PLAN is revised
by the CCP , and approved by the Fresno County Board of Supervisors, the responsibilities of the
Police Officer under this Agreement may be modified accordingly.
3. TERM
This Agreement shall become effective July 1 , 2017 and shall terminate on
13 June 30, 2018 .
14 4 . TERMINATION
15 A. Non-Allocation of Funds -The terms of this Agreement, and the services to
16 be provided thereunder, are contingent on the approval of funds by the appropriating government
17 agency. Should sufficient funds not be allocated , the services provided may be modified , or this
18 Agreement terminated by COUNTY, at any time , by giving the CONTRACTOR not less than thirty
19 (30) days advance written notice .
20 B . Breach of Contract -The COUNTY may immediately suspend or terminate
21 this Agreement in whole or in part, where in the determination of the COUNTY there is :
22 1) An illegal or improper use of funds ;
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2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to the
26 4) Improperly performed service .
27 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
28 of any breach of this Agreement or any default, which may then exist on the part of the
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1 CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the
2 COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of
3 the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR
4 under this Agreement , which in the judgment of the COUNTY were not expended in accordance
5 with the terms of this Agreement. The CONTRACTOR shall promptly refund any such funds upon
6 demand.
7 C . With or Without Cause -Under circumstances other that those set forth
8 above , this Agreement may be terminated by COUNTY upon the giving of not less than thirty (30)
9 days advance written notice of an intention to terminate to CONTRACTOR.
10 This Agreement may be terminated by CONTRACTOR upon the giving of not
11 less than sixty (60) days advance written notice of an intention to terminate to COUNTY .
12 5. COMPENSATION /INVOICING
13 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
14 rece ive compensation as follows:
15 CONTRACTOR shall submit quarterly invoices for actual expenditures to the
16 County of Fresno Probation Department at: Probationlnvoices@co.fresno.ca .us . Invoices must
17 be submitted on or after the dates of October 1 , 2017 and January 1, April 1, and July 1 , 2018 ,
18 respectively , and include a breakdown of expenses identified in the final approved budget of the
19 CCP in the County of Fresno for use in executing the mission of ACT. COUNTY shall make
20 payment within 45 days of receipt of invoice .
21 Upon any termination of this Agreement , CONTRACTOR shall be
22 compensated for costs incurred under this Agreement, up to and including the date of
23 termination .
24 In no event shall compensation for services performed under this Agreement
25 be in excess of $131,013.
26 6 . INDEPENDENT CONTRACTOR
27 In performance of the work , duties and obligations assumed by
28 CONTRACTOR under this Agreement , it is mutually understood and agreed that CONTRACTOR ,
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1 including any and all of the CONTRACTOR'S officers , agents , and employees will at all times be
2 acting and performing as an independent contractor, and shall act in an independent capacity and
3 not as an officer, agent, servant, employee , j oint venture , partner, or associate of the COUNTY .
4 Furthermore , COUNTY shall have no right to control or supervise or d irect the manner or method
5 by whic h CONTTRACTOR shall perform its work and function . However, COUNTY shall reta in
6 the right to administer this Agreement so as to verify that CO NTRACTOR is performing its
7 obligations in accordance with th e terms and conditions thereof.
8 CONTRACTOR and COUNTY shall comply with all applicable provisions of
9 law and the rules and regulations , if any, of governmental authorities having jurisdiction over
10 matters the subject thereof.
11 Because of its status as an independent contractor, CONTRACTOR shall have
12 absolutely no right to employment rights and benefits available to COUNTY employees.
13 CONTRACTOR shall be solely liable and responsible for providing to , or on behalf of, its
14 employees all legally-required employee benefits. In addition , CONTRACTOR shall be solely
15 responsible and save COUNTY harmless from all matters relating to payment of
16 CONTRACTOR'S employees, including compliance with Social Security withholding and all other
17 regulations governing such matters. It acknowledged that during the term of this Agreement,
18 CONTRACTOR may be providing service to others unrelated to the COUNTY or to this
19 Agreement.
20 7 . MODIFICATION
21 Any matters of th is Agreement may be modified from tim e to time by the written
22 consent of all the parties without, in any way, affecting the remainder.
23 8 . NON-ASSIGNMENT
24 Neither party shall assign , transfer or sub-contract this Agreement nor their
25 rights or duties under this Agreement without the prior written consent of the other party .
26 9. HOLD HARMLESS
27 CONTRACTOR agrees to ind e mnify, save , hold harmless, and at COU NTY'S
28 request, defend the COUNTY, its officers , agents, and employees from any and all costs a nd
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1 expenses, damages, liabilities , claims , and losses , includ ing attorney's fees and costs , occurring,
2 resulting , or arising from the negligent or wrongful performan ce , or failure to perform, by
3 CONTRACTOR , or its officers , agents, or employees of obl igations agreed to be performed under
4 this Agreement.
5 COUNTY agrees to indemnify, save , hold harmless , and at CONTRACTOR'S
6 request, defend the CONTRACTOR, its office rs , agents, and employees from any and all costs
7 and expenses, damages, liabilities , claims , and losses, including attorney's fees and costs,
8 occurring , resulting , or arising from the negligent or wrongful performance , or failure to perform , by
9 COUNTY, or its officers , agents , or employees of obligations agreed to be pe rformed under this
10 Agreement.
11 10. INSURANCE
12 Without lim iting the COUNTY'S right to obtain indem nification from
13 CONTRACTOR or any third parties , CONTRACTOR, at its sole expense , shall maintain in full
14 force and effect, the following insurance policies or a program of self-insurance , including but not
15 limited to , an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the
16 term of the Agreement:
17 A. Commercial General Liability
18 Commercial General Liability Insurance with limits of not less than One
19 Million Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million Dollars
20 ($2 ,000,000). This policy shall be issued on a per occurrence basis . COUNTY may require
21 specific coverages including completed operations , products liability, con tractual liab ility ,
22 Explosion-Collapse-Underground , fire legal liability or any other liability insurance deemed
23 necessa ry because of the nature of this contact.
24 B . Automobile Liability
25 Comprehensive Automobile Liability Insurance with limits for bodily injury of
26 not less than Two Hundred Fifty Th o usa nd Dollars ($250 ,000.00) per person , F ive Hundred
27 Thousand Dollars ($500 ,000.00) per accident and for property damages of not less than Fifty
28 Thousand Dollars ($50 ,000.00), or such co verage with a combined single limit of Five Hundred
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1 Thousand Dollars ($500 ,000.00). Coverage shall includ e owned and non -owned vehicles used in
2 connection with thi s Agreement.
3 C . Professional Liability
4 If CONTRACTOR employs licensed professional staff, (e .g ., Ph .D., R.N .,
5 L.C .S .W., M .F .C.C.) in providing services, Professional Liability Insurance with limits of not less
6 that One Million Dollars ($1 ,000 ,000 .00) per occurrence , Three Million Dollars ($3 ,000 ,000.00)
7 annual aggregate.
8 D. Worker's Co mpensation
9 A policy of Worker's Compensation insurance as may be required by the
10 California Labor Code .
11 CONTRACTOR shall obtain endorsements to the Commercial General Liability
12 insurance naming the County of Fre sno , its officers, agents , and employees, in dividually and
13 collectively, as additional insured , but only insofar as the operations under this Agreement are
14 concerned. Such coverage for additional insured shall apply as primary insurance and any other
15 in su rance , or se lf-insurance , maintained by COUNTY, its officers , agents and employees shall be
16 excess only and not contributing with insurance provid ed under CONTRACTOR's policies herein .
17 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
18 written notice given to COUNTY.
19 Within thirty (30) days from the date CONTRACTOR executes this Agreement,
20 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of
21 the foregoi ng policie s, as required he rein , to the County of Fresno, (Greg Reinke, Probation
22 Administration Division Director, 3333 E. American Avenue, Fresno , CA 93725), stating that such
23 in suran ce co verage have been obtained and are in full force ; that the County of Fresno , its
24 officers, agents and employees will not be responsible for any premiums on the policies ; that such
25 Commercial Genera l Liability insurance names the County of Fresno , its officers , agents and
26 e mployees , individually and collectively, as additional insured , but only insofar as the operations
27 under Agreement are co ncerned ; that such coverage for additional insu red shall apply as primary
28 insurance and any other in surance, o r se lf-in suran ce, maintained by COU NTY , its officers , agents
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1 and employees , shall be excess only and not contributing with insurance provided under
2 CONTRACTOR's policies herein ; and that this insurance shall not be cancelled or changes
3 without a minimum of thirty (30) days advance , written notice given to COUNTY.
4 In the event CONTRACTOR fails to keep in effect at all t imes insurance
5 coverage as herein provided, the COUNTY may, in addition to other remedies it may have ,
6 suspended or terminate this Agreement upon the occurrence of such e v ent.
7 11 . AUDITS AND INSPECTIONS
8 The CONTRACTOR shall at any time during business hours , and as often as
9 the COUNTY may deem necessary, make available to the COUNTY for examination all of its
10 records and data with respect to the matters covered by this Agreement. The CONTRACTOR
11 sha ll , upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records
12 and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
13 If this Agreement exceeds ten thousand dollars ($10,000 .00), CONTRACTOR
14 shall be subject to the examination and audit of the Auditor General for a period of three (3) years
15 after final payment under contract (Government Code Section 8546 .7).
16 12. NOTICES
17 The persons and their addresses having authority to give and receive notices
18 under this Agreement include the following :
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COUNTY
COUNTY OF FRESNO
Phillip Kader, Interim Chief
Probation Officer
3333 E. American Avenue , Suite B
Fresno . CA 93725
CONTRACTOR
CITY OF KERMAN
Joseph Blohm , Chief of Police
850 B . Madera Avenue
Kerman , CA 93630
Any and all notices between the COUNTY and the CONTRACTOR provided
for or permitted under this Agreement or by law shall be in writing and shall be deemed duly
served when personally delivered to one of the parties, or in lieu of such personal services , when
deposited in the United States Mail , postage prepaid , addressed to such party .
13 . GOVERNING LAW
The rights and obligations of the parties and all interpretation and performance
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1 of this Agreement shall be governed in all respects by the laws of the State of California . Venue
2 for any action arising out of or related to this Agreement shall only be in Fresno County, California .
3 14. CUMULATIVE REMEDIES
4 No remedy or election hereunder shall be deemed exclusive but shall ,
5 wherever possible , be cumulative with all other remedies at law or in equity .
6 15. SEVERABILITY
7 In the event any provisions of this Agreement are held by a court of
8 competent jurisdiction to be invalid , void , or unenforceable , the remain ing provisions of this
9 Agreement will nevertheless continue in force and effect without being impaired or invalidated
10 in any way.
11 16 . WAIVER
12 The waiver by either party of a breach by the other of any provision of this
13 Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
14 either the same or a different provision of this Agreement. No waiver of a party's breach of any
15 provision of this Agreement shall be effective unless the waiver is in writing and signed by the
16 party against whom the waiver is sought to be enforced . Waiver of any one provision herein
17 shall not be deemed to be a waiver of any other provision herein .
18 17. INTERPRETATION
19 The parties acknowledge that this Agreement in its final form is the result of
20 the combined efforts of the parties and that, should any provision of this Agreement be found to
21 be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in
22 favor of or against either party , but rather by construing the terms in accordance with their
23 generally accepted meaning.
24 18 . NO THIRD PARTY BENEFICIARIES
25 Nothing set forth in this Agreement shall create any legal rights 1n any
26 person not a party to this Agreement.
27 19. EXHIBITS
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1 Each exhibit and attachment referenced in this Agreement is , by reference ,
2 incorporated into and made a part of this Agreement.
3 20 . ENTIRE AGREEMENT
4 This Agreement constitutes the entire agreement between the CONTRACTOR and
5 COUNTY with respect to the subject matter hereof and supersedes all previous negotiations ,
6 proposals , commitments , writings, advertisements , publications , and understandings of any nature
7 whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written.
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CONTRACTOR
Jo~l'11<unkel, City Manager, City of Kerman
7 DATE:
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APPROVED AS TO FORM:
Hilda Montey, City Attorney, City of Kerman
FOR ACCOUNTING USE ONLY:
FUND:
24 ORG: _
SUBCLASS:
25 ACCOUNT:
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0001
34309999
10000
7295
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Brian Pacheco
Chairman, Board of Supervisors
DATE:
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
Deputy
The Public Safety Realignment Act
AB 109
Imple1nentatio11 Plan 2011
County of Fresno
Exhibit A
Executive CoTTunittee of the Community Corrections Partnership
Linda Penner, Chief Probation Officer, County of Fresno (Chair)
Hon. Gary Hoff, Presiding Judge, Fres no County Superior Court
Sheriff Margaret l\iims, Cuunty of Fresno
Elizabeth Egan, Dis trict Attorne y, County of Fre sno
Kenne th Taniguchi, Public D efender, County of Fresno
Jerry Dyer, Chief, Fresno Police Department
Donna Taylor, Direc tor, Behavioral Health, County of Fres no
,• .,,,
The following statement was developed and approved by the Executive Committee of
the Fresno County Community Corrections Partnership (CCP) on August 19, 2011 . On
that date, AB 109 the Public Safety Realignment Act Implementation Plan was final ized
and approved by the Executive Committee for submission to the Fresno County Board
of Supervisors:
"Although AB 109 delineates a funding formula for implementation of this legislation , it
appears that this initial funding is inadequate to accomplish 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 Ca lifornia.
The Fresno County CCP is concerned that the state of California significantly
underestimated the population to be realigned to Fresno County . The funding is
disproportionate to the task required which inhibits the CCP from fully providing the
safest possible realignment for our community .
In order to provide maximum safety within our commun ity, this plan will ensure
offenders are held accountable by placing an emphasis on incarceration and
supervision. while at the same time providing services to offenders that will ensure the
highest probability of succeeding."
AB109
The Public Safety Realignment Act
Summary and Overview of Legislation
In an effort to address overcrowding in California's pris ons 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 Re habilitation to counties. Implementation of the Public Safety
Realignment Act is scheduled for Oc tober 1, 2011 .
Additionally, Section 1230 of the California Penal Code is amended to read "Each
county loc al Community Corrections Partn ership establis hed pursuant to subdivision (b)
of Section 1230 shall recommend a local plan to the County Board of Supervisors for
th e implementation of the 2011 public safety realignment. (b) The plan shall be voted on
by an executive committee of each county's Community Corrections Partnership
consi sting 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 th e 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 th e development and presentation of the plan. (c) The plan shall be
deemed accepte d by the County Board of Supervisors unless rejected by a vote of
4/5ths in whic h case the plan goe s b a c k to the C o mmunity Corre ctions Partnership for
further co nsid e ration . (d) Consistent with local needs and resources, the plan may
include recommend;;1 tio n s t o m~ncimize th e e ffective inves,.tme nt of crimin:al jusdic A
resources in evidence-based correctional sanctions and programs , including, but not
limited to, day reporting centers, drug courts, residential multi-service centers , mental
health treatment programs, electronic and GPS monitoring programs, victim restitution
programs, counseling programs, community service programs, educational programs,
and work training programs."
Key Provisions in AB 109
Redefining Felonies: Revises the definition of a felony to include certain crimes that
are now punishable in jail for 16 months, 2 years, or 3 years instead of state prison.
Some offenses, including serious, violent and some sex-offenses, are excluded and
sentences can continue to be served in state prison .
Local Post Release Community Supervision : Offenders released from state prison on
or after October 1, 2011 after serving a sentence for an eligible offense shall be subject
to , for a period not to exceed 3 years, post release community supervision provided by
a county agency designated by that county's Board of Supervisors.
Revocations Heard & Served Locally: Post release community supervision and parole
revocations will be served in local jails (by law maximum revocation sentence is up to
1 BO days), with the exception of paroled 'lifers' who have a revocation term of greater
than 30 days. The Courts will hear revocations of post release community supervision
while the Board of Parole Hearings will conduct parole violation hearings in jail.
Changes to Custody Credits : Jail inmates will be able to earn four days of credit for
every two days served. Time spent on home detention (i.e., electronic monitoring) is
credited as time spent in jail custody.
Alternative Custody: Penal Code Section 1203.018 authorizes electronic monitoring for
inmates oetng ne10 m me county Ja111n ueu or oan . E11g101e inmates must nrst oe neta 1n
custody for 60 days post-arraignment, or 30 days for those charged with misdemeanor
offenses .
Community-Based Punishment: Authorizes counties to use a range of commt:Jnity based
punishment and intermediate sanctions other than jail incarcera tion alone or traditiona l
routine probation supervision .
Background and Information
This historic legislation sets into motion a number of fundamental changes related to the
incarceration, supervision and treatm ent of a designate d group of offende rs and
provides Fresno County with the ability and lim ited fund i ng 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 conv icted of specified felonies (low risk sexua l 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 magn itude and scope of the legislation has
required a paradigm shift for the criminal justice system in Fresno County. The justice
partners in conjunction with the Community Corrections Partnership stand ready and
competent to provide for public safety services mindful of the realignment focus on
evidence based practices and solutions for alternatives to incarceration and reentry
joined with public safety services.
in octoner 20·1 ·1 mrougn octooer or 2013, Fresno c ounty wm receive ·1098 returnmg
offenders from the California Department of Corrections and Rehabilitation for post
release supervision services. In addition , with the implementation of sentencing
reform s , those offenders co nvi cte d of spe cifi ed fe loni e s will be punishabl e 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 j ustice system in Fresno County .
To address these anticipated needs, a number of proposals are recommended that will
build ground up a system of fiscally responsible, data drive n , evidence based rigorous
reforms to current operations that will be inclusive , comp rehensive and transpa rent.
The proposed strategies consider the expected multidimensional needs of the new
realignment population and the solutions necessary to achieve the balance between
public safety and the spirit of the legislation. The goals of increased public safety
through reduced victimization can be met at the local level providing there is
understanding that is informed and based on the already established and verified body
of knowledge of evidence based practice , principles and programs.
SB 678 California Community Corrections Performance Act
The National Institute of Corrections (NIC) recommends that correctional systems
establish local values , principals and process based on evidenced based research . It is
anticipated that the CCP will utilize an · evidenced based and logic models as it moves
forward in the development and implementation of services .
Evidenced based programs are found in the SB 678 California Community Corrections
Partnership Act. In 2009 the State of Californ ia enacted SB 678 which provided a
formula based system for sharing state savings with probation departments for
improved supervision of felony probationers· and reduced prison admissions. Fresno
County Probation received $1 ,270,000 to develop and enact evidence based
programming (EBP) for adult offenders. This award cont inues through September 30,
2012. The fundino allowed for the immediate develooment of EBP in coniunction with
supervision practices that were likely to improve the probation performance of offenders
and reduce the likelihood that the probationers would commit new crimes and other
violations resulting in a prison commitment. Several practices have been identified and
are in the process of being integrated and implemented as well as evaluation programs
being put in place to determine effectiveness.
Evidence Based Practices: Fresno County Probation
Risk-Needs Assessment
The Static Risk Offender Needs Guide (STRONG) is a 4th generation, state -of-the-art, evidence-
based risk and assessment and automated supervision planning system for adult offenders. It's
most salient benefit to corrections agencies is its ability to help personnel predict recidivism by
type of crime (violence, property or drug offenses, etc.). This allows probation supervisors to
tailor the most effective decisions and courses for corrections by individual offender.
The resource is delivered through a Web-based interface and enables clients to manage intake,
assessment administration, case 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, consistent and simple method of risk
prediction and necessary levels of supervision .
Part 1: Static Risk Assessment The program begins with a 26-question assessment of "static"
factors and scores that determine future risks in three areas: 1) felony , 2) non-violent felony,
and 3) violent felony. These risk scores lead to classification of offenders into one of five levels:
• High Risk Violent
• High Risk Property
• High Risk Drug
• Moderate Risk
• Low Risk
Part 2: Offender Needs Guide
Each high-risk offender receives an Offender Needs (Criminogenic) Assessment reached via a
70-question survey covering social achievements, support systems, cognition and personality
traits. Questioning covers education, employment. residential 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
identifying specific interventions to treat them allow agencies to actively facilitate the kind of
positive change that can ultimately keep the offender out of the criminal justice system and help
them become productive members of society.
Adult Day Reporting Center
Adult Day Reporting Centers (ADRC), are on-site cognitive restructuring programs designed as
Evid e nce Based Practices and designed to chang e an offend e r's adverse thinking patterns ,
provid e education and job training to enable long-term employment. and h old offenders
accountable during the day.
Th e g o als of the A dult D a y Rep ort ing Ce nter ar e t o re duce offender rearre sts and recidivi sm ,
assist offend ers in successful reentry by providin g needed servi ces. an d in cr ease pu blic safety
by holding offenders accounta ble. These goals will be achieved by providing skill-based learn ing
opportunitie s, ed u cationa l and vocational training and intensive community s u pervision .
Participants in the Adu lt Day Reporting Center:
• Enha nce their coping skills th rou gh group and pe er cou n seling
• Locate and maintai n sta bl e housing
• Improve educational and vocational skills
• Find a nd retain meaningfu l work
• S tructure t he ir activities w ithin the community
• Re c eive intensive community s upervisi on by t heir probation offi ce r s
In Fresno County, the ADRC as designed a nd in the process of moving t o fu ll implemen tation
ha s identified supervision , t reatment and training for offenders who are identi fied through
asses sm ent for se rvice s. Up to 50 real ignment offenders will eventually enrolled in the A DR C.
The current f aci lity is co -locate d with the Adul t Drug Suppression functi o n i n Fresno. Offende rs
go through a four-phase program from one day to seven days per week and are typically sea n
on aftercare approximately six months int o the program . At th e present tim e California Stale
University , Departm e nt of Crimin ology , has su bm itt ed a n appli cation to fund a compre hensive
process and outco m e ev a lu at ion of th e A dult Day Reporti n g Center program .
Thinkin g for a Cha nge (T 4C) Adu lts
Valida te d as evidence based program , Thinking for a Change, (T 4C) cog nitive be havio ral
therapy has proven to b e an effective p rogram for juveniles and t h rough endowed gr ant f unding ,
extend ed for a dult offending populations. Cognitive-Beh avioral Th erapy (CST) in the T4C
mod el is an e m pirically supported treatme nt th at focu ses on patterns of thinki ng th at a re
malad a ptive and th e belief s th at underli e suc h thinking. S ince 1997, Th inking for a Cha nge
(T4C) has trained thousa nd s o f correctional staff to facilitate offe nder group s in this evidence-
based c ognitive behavior program . The Thi nking for a Change curric ulum uses as its co re a
probl e m solvino compo ne nt. with both coo nitive res tru cturing and social skills interventions .
It was develo ped t o be appropriate for a w i de-range of offender group s , an d h as bee n
implemented in all ph ases of the juv enile and adult criminal justice systems with considerable
r eductions in r ecidivism .
In Fresno , probation officers have been trai ne d and are being traine d in the model and followi ng
assessment o f offe nders those move d t o the mo del meet with probat ion staff twi ce weekly in
groups of ten to study and participate in th er apy. T he Fresno m od el is part of the evalu at ion
that Californ ia State Un ivers ity has p ro posed co mpleti ng o n the DRC.
Offender Li nk Telep hone Reporting
Valida ted as a promising practice , Offender Link ide ntifi es low ri sk offenders in ba nk caselo ads
who can ma intain c ontact v ia te lephone reporting . T hi s a ll ows proba tion officer s to fo c us
7 I F,; ,:S z
attention on medium to high ri sk offenders through th e use of ph one and web based services
that simplify client supe rv isio n with automated voice authe nti cated check-ins, interviews and
message delivery. Probation ers rece ive notifications and court re minders , drug test notificatio ns
and specific instructions on conditions of probation
Motivational Interviewi ng
Mot ivational Interviewing (Ml) is a client-centered approach for eliciting behavioral change
through helping offenders explore and res olve am biv ale nce . It is an evidence based pra ctice
that has been shown to effectivel y change beha vi or. It is a positive and focused goa l based
approach that attempts to increas e the offenders awareness of the potential problems caused ,
consequences experienced, and ri sks faced as a result of th e behavior in question . With
offenders , the belief that change is possib le is an important motivato r t o succeed in making th e
change . They 're held responsib le for choosing and carry out actions to change.
Jn Fresno Co unty probation officers and probatio n tech nician s th at ha ve direct client contact are
being trained in the mod e l that will be ut ilized as an EBP with the realignment population .
Proposed Implementation Plan: Roles and Responsibilities
Fresno County Sheriff's Office: Jail Division
The Fresno County Sheriffs Office is currently respon sible for three jails in downtown
Fresno ne ar the main Fre sno 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 le v e l and the Sheriff remains under
a federal consent decree for ove rcrowding that requ ires release of inmates whenever a
designated bed for the inmate's classification is not available.
With the advent of AB 109 funding it is anticipated that the Fresno County Sheriff would
reopen a floor in the North Annex Jail that has 432 beds . I n addition due to security
concerns and classifi cation issues, a small number of classified security beds may be
opened in the South Annex Ja il. 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 floo r with 432 beds would be opened in April 2012 through the end of
the first fiscal year.
Based on inmate classification criteria and the physical construction configuration of the
North Annex Jail, the 432 beds being considered for use are all Minimum Security
housing beds. This physical configuration facilitates programming for some inmates
while limiting such for others. The Jail system cannot be operated by segregating AB
109 inmates from other inmates. Jail Objective Classification that includes such criteria
as gender, crime, criminal sophistication , gang affiliation etc., determines the use of
housing not the specific funding source. However, the addition of jail beds into the
system will allow for a significantly larger inmate population, consistent with
classification issues to be housed in the reopened floors of the North Annex Jail. This
will include long term commitments under the mandates of sentencing reform and "flash
incarceration wstrategies .
Additional inmates include (1) those convicted of a felony now sentenced to 16 months,
two years or 3 years in county jail in lieu of state prison; (2) the additional number of
offenders who are pretrial; (3) violators of post release supervision up to 180 days; (4)
violators of state parole up to 180 days ; and (5) post release community supervisees
sanctioned with Mflash Incarceration" of up to 10 days .
AB 109 changes how credits for good time and work time are calculated . This means
that inmates will be required to serve 50% of their sentence in custody, minus any
credits for time served prior to their sentence as determined by the Court, instead of
two-thirds of their sentence , which is the current law. This change may help mitigate, to
some degree, the impact of longer sentences being served in the county jails. Further,
all post release community supervision revocations and almost all parole revocations
will be served locally consistent with the Federal Consent Decree . AB 109 encourages
the use of flash incarceration up to 10 days in county jail for post release community
offenders who violate their community supervision terms.
The Fresno County Sheriffs Office is fully committed to providing proper services for
inmates serving time in jail for a under the auspices of the legislation and will work with
the CCP and all attendant interagency and commun ity provider committees that are
developed to insure that the appropriate service level is met despite limited funding
constraints . Expansion of in-custody programming is necessary to maintain safety and
offer productive use of free time while incarcerated . Enhancements to jail programming
such as substance abuse services and mental health services are considered vital as
part of a comprehens ive county effort under the legislation . Evidence based
assessment will become part of the service delivery system .
The use/expansion of the community/agency resources including education and
vocational services will be explored by the Community Corrections Partnership . In
addition , evidence based practices in custodial facilities would include gender
responsive strategies for the female offending population. It is anticipated that due to
the nature of female criminality that the proportion of female offenders in the
realignment population will increase and that services should be explored that reflect
gender paths to criminality and gender re sponsivity in the justice system provision of
services .
Proposed Implementation Plan: Roles and Responsibilities
The Fresno County Probation Department: Post Release Supervision
The Fresno County Probatio_n Department has been designated by the Fresno County
Board of Supervisors as the Supervising County Agency for the Post Release
Community Supervision program pursuant to AB 109. The department is now in the
position and has the authority to begin receiving information on the inmates that will be
released from CDCR to Fresno County and to make the appropriate plans though the
CCP for offender supervision once retuned to the county. The operational date is
October 1, 2011 .
As the administrator for the post release offenders . a full range of options fo r commun ity
supervision has been designed by the probation department under an intensive
supervision model. Available under proposed community release strategies are home
detention with electronic monitoring and GPS, the Adult Day Reporting Center,
urinalysis testing, cognitive behavioral interventions, adult offender work program,
referrals to a community network of substance abuse and mental health services and
residential treatment programs, referral for educational and training programs and "flash
incarcerationD 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 supervition ; any revocations will be served in the county jail for
up to 180 days in length. As discussed in the realignment legislation, probation is to
supervise under appropriate terms and conditions of probation , consistent with evidence
11 I ;,~ g ~
based practices, treatment services and a series of progressive incentives and
sanctions .
Post Release Supervision Model
A supeivision ratio for this population has been set at one deputy probation officer per
50 offenders . The officers and support staff will be located at a site that will facilitate
program as well as safety and security . The officers will have full access to the Adult
Day Reporting Center. The probation department will transition monthly into a
specialized supervision unit with the responsibility of intensive supervision based on the
numbers being released from CDCR. It is estimated that an average of two probation
officers will be hired each month through June of 2012 in the initial phase . During the
initial phase of realignment for post release community supervision, approximately 794
post release supervision offenders will be received in the county from state prison . It is
estimated that this population will grow through 2013 to a total of 1598 offenders having
been released to the county of Fresno .
Estimated Postrelease Community
Supervision Average Daily Population
,, .. f{ ::\•· .. : .\J · >:,;,:· :. :· C::· X > ~:; · : · .. · ,.'~) t,r;;,.;:;o:; '~j ·;~~,~ff :;}/E:'S:,'};·~:21
1000 · . . ·------. . . --·I
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I 800 -··--------·--1
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. ··.· _. ; :;:_• .'• .• _,.•::,·. __ ,~ •• :'"•1,;• ~ .•· ·~~ ,•·•.~··"I _.·.•::::•~. ·.-·i:··.=~:-: .
Supervision of the post-release population from CDCR by the Fresno County Probation
Department is based on the AB 109 legislation that provides for community supervision
not to exceed three years and discharge in a minimum of six months if they are
successful under the terms of community supe rvision. Offenders in this population can
be revoked for up to180 days; requiring participation of the Courts , the District Attorney
and Defense Council , and any time served must be in the county jail.
In keeping with the legislation , the probation department may impose appropriate
sanctions as deemed necessary by the supervising probation officer as approved by the
Superior Court. An expanded continuum of sanctions process is being developed by
the probation department and a matrix of graduated revocations is also under
construction consistent with evidence based practices demonstrated to reduce
recidivism. This can and will include resource and referral, treatment, day report center
13 I Page
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. lt will
provide supportive supervision and treatment services for eligible offenders as identified
through assessment.
Once an offender is determined to be eligible through an objective assessment
instrument, the probation department will refer the offender to the ADRC , where he/she
will be closely monitored and report regularly for drug and alcohol screening and receive
intensive case management, substance abuse treatment. life skills, pro -social skill
development, career guidance, and job training. The services provided at the ADRC will
be designed to break the offender's entrenched cr iminal behavior through onsite
services . The Probation Department fully anticipates that by addressing the gap in
service delivery for this offender population , through evidence-based practices at the
ADRC , it will be able to significantly reduce levels of recid ivism with in this population .
Through the auspices of SB 678, the probation department has participated in training
and implementation of evidence based practi ces that influence supervision practices
and that have proved effective nationally in reducing recidivism with improved outcomes
for offenders . The department has invested significant resources and manpower in the
selection and implementation of the STRONG Assessment tool. The data interface for
the department has been completed, beta testing is about to begin and the assessment
tool will be ready by October 2011 . It is the departments plan to use STRONG the
14 I ~ a g:.,
validated risk-needs tool, throughout service provis ion beginning in the pretrial serv ice
arena .
Adult Compliance Team {ACT)
Intensive supervision based on offender assessment enjoined with evidence based
practices forms the cornerstone of the supervision model. This intensive approach is
seen in the formation of an interagency safety alliance with Fresno city and county
justice partners that creates an additional level of offender accountability and public
safety , the Adult Compliance Team {ACT). The "strike team " concept is used to
describe officers dedicated to particular enforcement and safety purposes with an
immediate capacity to take action .
At implementation , the Adult Compliance Team will consist of sworn officers from the
Fresno County Probation Department, the Fresno County Sheriffs Department, the
Fresno Police Department, the Clovis Police Department and an investigator from the
Fresno County District Attorney's Office. Contingent upon future funding , the team will
attempt to add officers from various law enforcement agencies in the county of Fresno .
The purpose of the inter-agency compliance team is to add an additional layer of
offender supervision and public safety. This team however is multi-purposed : to enforce
conditions of probation ; to note trends in the realignment population and to be able to
efficiently respond to issues; to provide information and direction for all law enforcement
agencies in the county of Fresno and to be the point of contact for dissemination of
offender information ; to respond rapidly with knowledge and information about the
offenders in such case as such emergency situations may arise stemming from this
population ; and to mitigate the need for custodial services through appropriate early
interventions. In addition , the team can provide surveillance and warrant sweeps in
conjunction w ith other law enforcement agencies .
15 l pd SE
ACT assigned officers will complete all training in relation to evidence based practices
including cognitive behavioral therapy and Motivational Interviewing conforming to
evidence based decision making capabilities with the development of a matrix of
graduated recidivism sanctions.
Fresno County Probation Department: Pre-Trial Services
Supervised Honor Release
Effective October 1, 2011 definition of a felony is amended to include certain crimes that
are now punishable in jail for 16 months, 2 years. or 3 years instead of state prison .
Some offenses , including serious , violent and some sex-offenses, are excluded and
sentences can continue to be served in state prison. This offender population will now
serve time locally and is expected to greatly impact the operation of the Fresno County
Jail and the provision of services. In addition to the amended legislation , alternative
custody is considered for_inmates being held in the county jail in lieu of bail. The
amended legislation also discussed the use of a range of community based punishment
and intermediate sanctions other than jail incarceration alone or traditional routine
probation supervision .
After a person is arrested and placed in custody. there is an opportunity for the justice
system, commensurate with public safety, to determine if conditional release is
appropriate. Pretrial service programs interview defendants to gather information :
references to verify the community ties and substance abuse or mental health
information; investigations into prior criminal history ; prior record of appearance in court,
and current status with the criminal justice system as to probation and parole histories .
Compiling all this information, pretrial services staff then make an assessment of the
risks of danger to the community posed by each defendant and use appropriate
validated risk/needs assessment tools for information and decision making . Pretrial
service officers submit a report risk assessment and a recommendation regarding
release to judicial officers. Research has demonstrated that the pretrial release
16 I P :~ G e
decision, controlling for all other factors. has the largest impact on the outcome of a
case and custodial services. Defendants who are detained are more likely to be
sentenced to incarceration , thereby impacting local custodial facilities .
The Fresno County Probation Department operated the SHARP prerelease program
from 2007 through 2010 to reduce jail overcrowding while providing services to pretrial
offenders. The program was discontinued due to funding . Identified as an evidence
based practice, a pretrial services program could greatly enhance the capabilities of the
justice system in Fresno to provide for public safety while providing delivering
appropriate correctional interventions and referral to a population that has been shown
in numerous national studies to benefit from the services. Two deputy probation officers
will be assigned to the initial development of a service and accountability based
program to supervise pretrial releases. This would include the use of electronic
monitoring/GPS and drug testing and could include post-disposition (bridge) and reentry
services as well.
Also critical for the pretrial program is the integration of the STRONG risk needs
assessment with jail systems . As the probation department strives to develop and
implement evidence based practices in pretrial services, the need for appropriate risk
needs assessment is required . Through the use of STRONG, the risk needs
assessment could be completed at the jail by probation technicians. Following
assessment, they could prepare packets with significant information on offenders that
support public and victim safety should the offender be considered for supervised
release.
In consideration of pre -and post-disposition services , CCP providers and users would
benefit from an automated real time treatment and referral system that would save time
and money . Utilizing purchased and interfaced software between agencies , the system
(PRIME) allows referrals to an 'open seat/open bed' in individual and group settings with
treatment providers and within seconds of the referral, availability is known .
17 I ~ o g e
Lastly , an evidence based practice that is shown to be effective in pretrial services
according is a "reminder service". The problem of failure to appear (FTA) can be
extraordinarily costly , both in terms of the financial cost to local justice systems and the
integrity of the judicial process. Each court date missed has a ripple effect throughout
the justice system , leading to inefficient use of time and resources that are often already
overtaxed . Missed court appearances frequently result in arrest warrants that require
justice system resources for 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 appearances impact victims and witnesses that share a stake in the court
hearings. Reminding defendants of their court appearances with court date notifications
is a pretrial release intervention designed to reduce failure to appear and associated
costs . Systems of reminders such as live , automated and mail have been shown to be
effective and the pretrial services staff should consider the use of such a system .
As with any effective and comprehensive pretrial services program, the relationship with
the criminal court, the probation department, district attorney , public defender and the
sheriffs department must be open and collaborative . All agencies will work together to
insure that services are supportive of public safety as well as the offender.
1s I r ;i g 2
Proposed Implementation Plan: Roles and Responsibilities
Treatment and Services Coalition (TASC)
Central to AB 109 legislative intent and critical to the success of the realignment
population is the development and i mplementation of treatment services that address
criminogenic needs . Best practices include a combination of surveillance and
treatment tor probationers, rather than one or the other alone based on the use of
evidence-based practices risk and needs assessment tools. It is known and expected
that a significant number of the realignment population have long standing unaddressed
substance abuse problems and/or mental health issues that will need to be considered
as the CCP plan goes forward . Treatment as part of the offenders' adjustment on
probation has long been seen as the avenue to successful completion of probation and
a crime free reintegration into the community. Since the majority of offenders and
incarcerated populations have serious substance abuse problems, many
contemporaneously with mental health issues. treatment and appropriate services must
be developed and should be considered a critical risk reduction strategy. It is the
recommendation that a Treatment and Services Coalition (T ASC) committee be formed
to address the outstanding service needs and service gaps that may be identified for
this population .
19 I ~ a g E
I
Roles and Responsibilities
Program Research and Evaluation
An objective and evidence-based study to assess the validity and effectiveness of the
justice systems response to and the outcomes for the realignment population is critical
to determine if the challenges of crime and justice at the county level , including reduced
victimization and recid ivism have been appropriately met.
The program evaluation should commence immed iately and include a process
evaluation to assess the implementation of the strategies and services created and
directed to the realignment population . In addition, an outcome evaluation that would
measure the impact of the strategies and service s created for the offending population
in reducing recidivism among the identified population using quantitative research
analysis should also be completed .
Qualitative and quantitative data on evidence-based programs are important in
corrections. Without effective evidence-based supervision, programs , and services , the
system exists without empirical evidence of program effectiveness and compromises its
ability to assist those on probation with changing their criminal behavior.
Quality assurance through systematic observation and evaluation of various
components of the Fresno County system is a necessity as well. This is in order to
assure and maximize the probability that the minimum standards set by the CCP are
maintained throughout the system .
20 I !'a g e
Tl1e Public Safet)' Realig11111e11t Act
~,\B 109
Update to 2011 In1plementation Pla11
2013
Co1111ty of Fres110
Execntive Corrirriittee of the Co,nnuuiity Corrections Partnership
Lind.a Penner~ Chief Prubatiou Officer. County of Fresno (Chair)
~he:ran }lorlo11, Court Executjyc Officer7 Fre.suo County Superior Court
S heriff :Margaret )lims. Couut.y of Frf'sno
Elizabeth Egan. District Att.orne~. County of l:;-'rcs110
Kemwtli Taniguchi. Public De:feHdcr. County of Fresno
Jer:ry Dy~r. Ch.ief. Fresno PoliC'e Depart1nen!
Douua Taylor~ Dir~<.:tor. BehaYioraJ Health. County of Fresno
~-
AB 109
The Public Safety Realignment Act
Update to the 2011 Implementation Plan
County of Fresno
2013 ·----------------------··-------------'
Background
On August 19, 2011, the Fres no Co unty 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 Resolutio ns to the Fresno
County Board of Supervisors for approval of the plan purs uant to Assembly Bill (AB)
117. On that date, the Imple mentation Plan and the associated budget and resoluti ons
were app ro ved . The Plan has been operational since that time .
Changes are set to occur in the operation of associated prog ra ms in the County of
Fresno under the auspices of AB 109 . The intended development and implementatio n
of new programs requires an amended and updated plan for Fresno County that has
been deve loped and set for approval by the Community Corrections Partnership (CCP)
on March 15, 2013 .
In the original legislation under AB 109 in 2011, Section 1230 of th e California Penal
Code was amended to read "Each county local Community Corrections Pa rtnership
established pursuant to subdivision (b) of Section 1230 s hall recommend a local plan t o
the County Board of Supe rvi sors for th e implem e ntation of the 2011 public safety
rea lignment. (b) T he plan shall be vote d on by an executive committee o f each co unty's
Com munity Corrections Partnership consisting of th e C hief Prooation Officer of th e
county as chair, a Chief of Police. th e Sheriff. the District Atto rney , the Publ ic Defender,
Presiding Judge or his or her designee. and th e d e partme nt re presentative listed in
e ither section 1230 (b) (2) (G), 1230 (b) (2) (H ). or 1230 (b} (2) (J) as designated by the
county board of supervisors for purposes re l ated to the development and presentation
of th e plan . (c) The plan s hall be deemed accepted by the County Bo ard of Supervisors
unless rejected by a vote of4/5ths in wh ich case t he plan goes back to the Community
C orre ction s Partnership for furth er c onsideration .
Con s istent with th e leg is la t io n a nd loca l needs a nd resources , the plan is now
und erg o ing m o difications and inc lu de s proposals th a t increase a nd m axi mize th e
effect ive investment of c rimin a l j u stice reso urc es in evidence-based co rrection a l
sa nctions and prog rams for public saf e ty.
In keeping with the leg is lation as t o re p o rtin g c hanges in county CCP operational plans
and services. this proposal delineate s propose d changes and mod ific ations to the
original 2011 plan for the County of Fres no .
------~----------==-----~-----------------~~--------------------~ I
Legislative Mandate History
The Fresno County Implementation Plan of 2011 follows the legislative mandates and
in tents as specified in the legis latio n and identified b elow. The programs , services and
activities have been built both upon th e guiding principles stated in th e legislation that
controls realignment as well as the needs identified through the operation of the
program locally .
The Public Safety Realignment Act (Assembly Bili 109) was signed into law on April 5.
2011 in the State of California
Several mandated changes took place upon the implementation of the law on October
1, 2011 :
(1). AB 109 transferred responsibility for supervising spe cified lower level inmates and
parolees from the California Department of Corrections and Rehabilitation to counties .
This population, the Post Release Community Supervision (PRCS) offenders became
eligible for county supervision for a period not to exceed 3 years . provided by the county
agency designated by that co unty's Board of Supervisors . In Fresno County, the Fresno
County Probation Department has the designated responsibili ty for PRCS s upervision .
(2) The definition of some f elony crimes was revised to include certain crimes that
became punishable in jai l for 16 months 2 years, or 3 yP.ars instead of s tat e prison .
although some offenses. including serious, violent a nd some sex-offenses, are excluded
and sentences can continue to be se rv ed in state prison .
(3) Post Release Community Supervision (PRCS) and sta te parole revocations are now
served in local jails (by law maximum revocation senten ce is up to180 days). with the
exception of paroled 'lifers' who h ave a revocation te rm of greater than 30 days. The
Superior Courts throug h the implementation of th e legisla tion now hear revocat ions of
Post Release Community Supervision (PRCS), offenders with the Board of Parol e
H earings co nducting parole violation hearings throug h July 1. 20 13 at whi ch t ime the
Superior Courts will assume responsibi li ty for state parole revocations
(4) Changes to cus t ody cred its have occurred in whi ch jail in mates are no w able to
earn four days of c redit for every two days served. Time spent on home detention (1.e ..
electronic monito ring ) is credited as time spent in jail c u stody.
(5) Penal Code Section 1203.018 now authorizes electronic monitoring fo r inmates
being held in th e county jail in lieu of baii. Eligible inmates must first be held in custody
for 60 days post-arraignment . 30 days for those charged with misdemeanor offenses or
the inmate !S appropriate for the program based on a determ1nation by the correc tiona l
administrator that th e in ma te 's participation would be consistent with the public safety
interests of the community .
(6) Under the authority o f the leg islation, co mmunit y based punishment was authorized
t hat allows counties to use a ra nge o f commu n ity based punishment a nd intermed iate
sa n cti ons other than jail in carcera t ion a lo n e or traditional routin e probation supervision
for the iden ti fied populations .
Changes to 2011 Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 201 1
are o ngoing . Du e to the additi o ns and c hanges that have occurred in the operation of
AB 109 prog rammi ng. the updated plan is requi red for t h e C ommunity Corrections
Partnership (CCP) as well as the attendant budget and salary resolutions that will be
reviewed by the Fresno County Board of S upe rvisors following the approval.
Given the influence in the legislation to u til ize evidence based practices and programs
through a ra ng e of community based seNices and sanctions , an d based on a
dete rmination of n eeds as ascertained thr oug h th e opera tion of the AB 109 Programs
locally, th ere are seve ra l noteworthy addition s and mod ifi cations to the approved plan .
Ch anges and addition s to the orig inal 2011 plan have been made in the Fresno County
Sheriffs' Office . Fresno Co u nty P roba tion Department, the Fresno County Department
of B ehaviora l Health and the Fresno County Department of Pub li c Health .
These ch anges , additions and modifications are :
• Jail Transition Unit
• Jail Medical Services
• Probation Supervision and Referral Services
• Behavioral Health Contracts
• Adult Compliance Team
• Pending RFP 's for servic es
O n January 22 , 2013, the CCP solicited and accepted proposals from interested parties
for the add ition and expansion of services based on iden tified needs and pri o rities of the
CCP. O n February 27, 20 13 addition al programs for which proposals had been
su bmitted were selected and will further modify the operation of local A B 109 service
provision .
Fresno County Sheriffs Office
With t he advent o f AB 109 funding it was anticipated that the Fresno County jail would
reopen 4 32 bed s in the N orth Annex Jail whic h occurred on October 1 , 20 11 . An
additional fl oor of the N orth Annex Jail with 432 bed s opened on September 1, 2012 .
With the support of CCP funding , this has allowed for t he accoun t ability necessa ry for
th e foundation of the public safety services provided through re alignme nt.
F resno County Jail Operations: N ew Program T JCU
In Nove mber of 2012 . the Fresno County Sheriffs Office and th e Fresno County
Probation Department were seiected to be part of th e nat ional Transition from Jail to
Community Initiative (T JC). Through the award the agencies have begun a process to
re verse the tre nd of crimina l recidivism in adult correctional pop ulations Through the
provision of evid e n ce based p lanning . th e jail committed to develop jail service s and
programs that connect t o a continuum of community service s designed to enhance
successf ul integration. The T JC project has been instrumental in assisting in the
development of a transition pod proposed and approved unde r t he auspices of AB 109
f und ing on February 27. 2013 . Throug h the c ollective operation of the probation and
s heriffs d e partme nts. the Transition from Ja il to Community Unit (T JCU) will b e opened
in the North Annex Jail housing up to 72 sentence d pris on e rs and identified through
assessments w it h c ommitment times of one year or more. The AC TS Jail Assessment
model will provide both proxy scoring and crimi noge n1c risk needs score for
programming . Eviden ce based trans ition services will be d e veloped including
ed ucatio n , substance abuse . and comm unity servi ces . The jail will attempt to develop
class and program s pace and will w ork w ith the Community and Custody Resources
Subcomm ittee of th e CCP to e n co urage commun ity e ngageme nt in the p roc ess of
buil di ng a reentry unit as well as faith based programming . Staff will be cross-trained in
cognitive behavioral programming pro v ided by probation includ ing M ot ivational
interv iewing and Thinking for a Cha nge . The p roba tion staff will additionally case
manage unit o ffenders and work on the progressive reentry issues includ ing commu ni ty
tra n si tion through program phases.
~----·-·---·---.. ---------·------· -----·--·--· --·
---·· . ________ Fresno County Department of Public Health -· ___ ------·
J ail Medica l S eNices
Followin g approval of the Implementation Plan in 2011 an d on September 13, 2011 the
Department of Public Health requested and received an a llo catio n f or med ical services .
This was later i ncreased due to a higher level of AB 109 inmates in the jail with an
additional rese rve amount put aside to address f utu re costs . Medical services are
mand ated by Title 15 , Division I o f th e Californ ia Cod e of regu lation s. O n Febr ua ry 27.
20 13 th e CCP authorized additional f unding for J ail M edical services due to continuing
increased cost s in the jail
Although not specifically identified in the ong inal lmpiementation P!an of 2011 , th e
provision of medical and menta l hea lth serv ices is i n keeping with th e full cou rse
treatment aspect of realignment and state mandat es for jail medical services .
Fresno County Probation Department L--------------~-----~---------------'
Post Release Community Supervision offenders in the first year of operation totaled
1,581 individuals who we re released to the Fresno County Probation Department for
services. Trends noted in the first year of operation and continuing to date are the
appreciably higher number of offenders rece ived versus th e 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 fami ly conflict , employment.
anti-social behavior and new offenses . T he need for menta l health services was
immediately apparent in the PRCS population . Some required inpatient level of care .
The probation department opened the AB 109 'one -s top · offender services office on
Winery Avenue in Fresno California . At that location, AB 109 offenders can meet with
their probation officers, be referred to the Adult Day Reporting Center on campus, drug
test and be referred to needed services there including Workforce Connection .
To address trends in the offending population since the development of the 2011
Implementation Pla n the Probation Department has partnered with bo th the Department
of Behavioral Health for T urning Point of Central California , In c. (Turning Point )
treatment services for PRCS offenders and the Fresno County She riff's Office for
offender services that will occur both in and out of custody .
Additional Service Provi sio n
Co-located at that location are the mental health and substance abuse services of
Turning Point of Central California through a contract im plemented in 2012 with the
Department of Behavioral Health . Turning Point provide s both mental health and
substance use disorder services at their First Street Center. Turning Point provides a
full array of services to include, outpatient mental health and substance use disorder
treatment, full services partnership services fo r severely mental ill clients. residential
detoxification and treatment, and sober living housing . The contract with Turning Po int
was expanded due to the increased ne ed for additional residential beds for offenders .
~-----___ F_r_esno County Department of Behavioral Health ____ _ '
'
The Implementation Plan of 2011 stated that, "Central to AB 109 legislative intent and
critical to the success of the realignment population is the development and
implementation of treatment services that address criminogenic needs ... It is known and
expected that a significant number of the realignment population have long standing
unaddressed substan ce abuse problems and/or mental health issues that will need to
be considered as the CCP plan goes forward ... Since the majority of offenders and
incarcerated populations have serious substance abuse problems . many
contemporaneously with mental health issues . treatment and appropriate servi ces must
be developed and should be considered a criti c al risk reduction strategy ."
Fresno County Department of Behavioral Health (DBH) was tasked with providing
mental health and substance use disorder services for the PRCS population . DBH
determined these services would be provided by a community based provider. After
going through the county's competitive based process a contract was awarded to
Turning 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 Avenue site. Turning Point provides a full array of services to incl ude, outpatient
mental health and substance use disorder trea tm ent. full services partnership services
for severely mental ill clients , residential treatment. sober living housing. The contact
was expanded on September 11, 2012 due to the increased need for residential and
treatment beds for offenders .
·-----
L--------Multi-Ag e nc y Adult Compliance Team
The Fresno County Adult Compliance Team (ACT) became operational in November of
2011 and presently consists of two Fresno County Probation Officers . one Fresno City
Po lice Officer, one Clovis City Police Officer, one Fresno County District Attorney
Investigator and one Fresno Cou nty Sheriff's Sergeant. This t eam is multi-purposed : to
enforce conditi ons of supervision ; to note trends in the realignment population and to be
able to efficiently respond to issues ; to provide information and direction for all law
enforcement agencies in the County of Fresno and to be the point of contact for
d issemination of offender information ; to respond rapidly with knowledge and
information about the offend e rs in such c ase as emergency situations may arise
stemming from this population as well as the need to mitigate th e need for custodial
services .
In the Implementation Pla n o f 2011 , there was no prov1 s1on made for overtime and
training costs . On February 27, 2013 the CCP did approve th e addition of these costs
to the plan .
6.
Pending Contracts
-. ---·--·--··-------,
----------· -·-----· ---.... ______ _
At the Community Corrections Partnership meeting on Feb ruary 27, 2013 the CCP
approved funding for two additiona l contracts for offender services 1n keeping with the
intent of the AB 109 legislation t hat would create , expand and implement community
and agency resources for the offending populations .
Counseli ng Services
The first allocation wa s for in cu stody. o ut of custody and pretrial counseling services .
The purpose of the contract is to provide services designed to reduce re c id ivism by
targeting behav iors that lead to or continue cr iminal behavio r throug h the provision of
counseling services to identified offenders in the AB 109 populati on . 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 offen ders and AB 109
offenders released from the jail. The program would be d eveloped a round the
identified and assessed needs of the offender and w it h the direction of a probation
officer or case manager in the jail.
HomP.less Offender Services
The needs of the homeless offender are broad and encompass many areas. Collective
priorities in our community and literature on ev idence based practice s support the need
for homeless offenders that d o not qualify for mental health and substance abus e
consideration . The purpose of the contract would be to provide services for unmet
needs for those being re leased from prison (PRCS) the tran sitio n pod at the jail
including transitional residential h o using . tnose who become home less while under the
supervision of the probation department and those offenders who could quality for pre -
trial release with a requisite re side nce requirement. In additional services designed to
d ivert offenders from the cycle of incarceration and homelessness t hrough supportive
and evidence based programing in conjunction with transitional housing with homeiess
participants would be a requisi te part of the program .
Employment Assistance
In addition to the above newly approved Request for Propo s a ls , the Community
Corrections Partners hip has authorized a shift in d edicat ed m onies to an expansion o f
services for job training and assistance for the AB 1 09 population . A contract t o
address and expand job training would allow for on-site ass istance at the 'on e-stop'
center for offenders to coincide with other needed services. The purpose of the cont rac t
would be to provid e employment services for offenders that have little t o n o work
experience, have difficulty keeping a job. assist w ith workplace technology and
counseling services including substance abuse education and social work se rvi ces that
focus on job retention .
1
Discussion of Program Operations Since 2011 -----____________ __,
Pretrial Services Program
The Fresno County Probation Pre Tria l 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 Ca ll ing (AVC)
The evidence based practice shown to be effective in court processing of offenders is
the automated telephonic 'reminder' service. as discussed in the o riginal implementation
plan, became operational in July 2012 . Automated calls to defendant's homes
providing a court hearing notice as provided by In Touch have attempted over 44, 000
automated voice contacts (AVC} to defendants in Fresno County Courts .
Sub -Committees to the Community Corrections Partnership
In the Imp lementation Plan of 2011, one treatment oriented subcommittee was identified
for support of the AB 109 plan . Since that time. subcommittees have been formed that
focus on the specialized community and offender issues of AB 109 as well as provide
collaboration. information and assistance to the CCP .
These standing committees are : Fiscal Review and Audit; Commun ity and Custody
Resources: V ictim/Mandates; Incarceration and Capacity ; Technology; Courts:
Research and Evaluation; and the Adult Compliance Team Review Committee . The
committee members are present at each CCP meeting and report out on work that has
been accomplished in the interim between CCP meetings or on specialized tasks at the
direction of the CCP.
Data Collection
The firm of Owen Research and Evaluation (ORE) was hired by the CCP 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
ass uran ce 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 filing 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 released offenders from state prison to the
supervision and custody of Fres no Cou nty : 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 .
-------------------------------==-·=-·=· --
Status of Implementation Plan Programs : 2013
A review of the 2011 Implementation Plan for Fres no County at the present tim e reveals
that programs slated for implementation have been realized and the overall tenure and
direction of the CC P has been a cco mplished . One service for client referral in ·real
tim e· for treatm e nt provide rs as discussed in the implementation plan was not
implemented due to tec hnolog y issues.
Under the guise of both accountability and evidence based practices and principles
consistent with public s afety . programs identified f or initial impleme ntations have been
enacted
Since in cep tion , th e direction and goal of the Fresno County Community Corre ctions
Partnership as established under AB 109, ha s been the successfu l implementation of
the legislation with th e co nsideration of th e unique local issues that may impact offender
achievements and public sa fety . A balan ced approach has been struck that affords
offender accountability with the development of community correc tions fitting the needs
and identified co rre ctional issues of this county .
The new mod ification s and additions to th e Fres no County AB 109 operational plan
serve th e needs of the co unty. The Community Corrections Partnersh ip of Fresno
County is co mmitted to philosophical and operational programs necessary to reduce the
crime and recidivism while promoting a reduction in crimi nal victimization and increased
public safety.
9
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -znd Update
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
I Sheran Morton, Court Ex e cutive Offic e r, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fres no
.----------------------------, AB 109
The Public Safety Realignment Act
Second Update to the 2011 Implementation Plan
County of Fresno
October 2013
I
i
I
'----------· -----------·····------···--···------------_J
Background
In the original legislation under AB 109 in 2011 , Section 1230.1 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementat ion 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) T he 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 .
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 addit ions 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 introduction of
proposed expansion of research efforts on multi -levels including the PEW-supported
Results First Initiative . the Public Policy Institute of Californ ia (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, ST AR data process i ng 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 Pa g e
excel data sheets that allow merging based on unique identifiers for the use of all data
reporting requests and agency needs.
The 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 criminal justice and
knowledge and extensive experience in diverse data sets with computer, software and
statistical skills. The Data Collector position will provide data entry support to overall
realignment data efforts. In addition funding was increased for IT consultant services as
needed .
Fresno County Sheriffs Office
Jail Records Positions
With the implementation of AB 109 locally, there was a significant increase in long-term
commitments and with them, an influx of legal and judicial documents. The Jail is now
the custodian of records for all AB 109 commitments . Processing the commitment
packets that are forwarded by the court requires consistency and specialized training .
Staff are required to calculate and enter a variety of sentencing adjustments pursuant to
Penal Code Sections 4019 and 4019 .2. Jail Records is also required to compile PC
969b prior conviction reports for the 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 overtaxed limited resources
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
remaining fiscal year and; $328,000 for a full fiscal years funding.
Pending Requests for Proposals (RFPs)
At the Community Corrections Partnership meeting on October 15, 2013 the CC P
approved funding for two additional contracts for offender services in keeping with the
intent of the AB 109 legislation that would create, expand and implement community
and agency resources for the offending populations.
Domestic Violence Services
The first allocation was for in custody, out of custody and pretrial counseling services for
identified offenders. The purpose of a contract would be to provide holistic counseling
services designed to reduce targeting individual behavior of offenders and services to
family members that would reduce rec increase offenders ' chances of success in the
community as well as improve family functionality. The contractee would be expected
to provide services at the jail and through case managed supervision, at various
locations in the county for both PRCS offenders and AB 109 offenders released from
the jail. The program would be developed around the identified and assessed needs of
offenders and with the direction of a probation officer or case manager in the jail. The
Community Corrections Partnership has allocated approximately $400 ,000 for this RFP .
Employment Assistance
After stable housing, one of the most important components of successful community
corrections is employment which was originally described in the AB 109 Implementation
Plan of 2011. Research supports that finding employment is a critical step for offenders
to reduce recidivism and that employment training is a critical element of rehabilitation .
T he purpose of the contract would be to provide employability services for offenders
that have little to no work experience , have difficulty keeping a job , assist with
workplace technology , employability and job placement services . Ancillary services as
to coaching , counseling servi ce s including substance abuse education and social work
services that focus on pro-social development to increase job retention would also be
part of the contract. The Community Corrections Partnership has allocated
approximately $400,000 for this RFP .
Discussion of Program Operations since 2011 Data Collection
The fim, 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. 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 require d 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 .
5 1 1) ·a g -, 1 c,. .,, C
Attachment "A"
The Public Safety Realignment Act
AB 109
Implementation Plan 2014 -3 rd Update
Executive Committee of the Community Corrections Partnership
Rick Ch avez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorn e y, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Be h avio ra l Health, County of Fresno
I • -•-• -.. ---·-· - • -·-·-· -• -·-• -• -.. -• ---• -·-· -·-----• - • -• -·-·-·-• -·-• -· -• -• -· -• -• -· -• - ·-• -·-·-·-· -· -·-• -• -·-·-•-•-• ---•-• -'-· -•
, AB 109
The Public Safety Realignment Act
Third Update to the 2011 Jmplementation Plan
County of Fresno
November 2014 ---------·-·-·-·-·-·-·-----·-·-· -·-·-·-. -·-·-·-·-·-· -----·-· ---·-·-·-·-·-· -----· -·-------·-·-· -· -·-· -. -·-·-·-----· -·-·-·-·-·
Background
In the original legislation under AB 109 in 2011 , Section 1230.1 o f the Californ ia Penal
Code was amended to read "Each county local Community Corrections Partnership
established purs uant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of S up ervisors for the implementation of the 2011 public safety
realignment. The plar. shall be voted on by an exec utive committee of each county 's
Community Corrections Partnership co nsisting of th e Chief Probation Officer of the
cou nty as chair, a Chief of Police. th e Sheriff, the District Attorney, the Public Defender,
Pre sid ing Judge o r thei r designee, and one department rep r esentative listed in e ither
subparagraph (G) (H) or (J) of paragraph (2) of subdivision (b) of Section 1230 as
designated by the County Board of Supervi sors for development and presentation of the
plan . The plan shall be deemed accepted by the County Board of Supervisors unless
the Board rejects the plan by four -fifths of the Board, in wh ich case the plan goes back
to the Community Corrections Partnership for further consideration. Consistent with
local needs and resources the plan may include recommendations to maximize the
effective investment of crimina l justi ce resources in evidenced -base d correctiona l
sanctions and programs including, but not limi ted to : Day Reporting Cente rs, drug
courts , residential multiservice centers. mental health treatment program s , electronic
and Global Positioning System (GPS) monitoring programs, victi m restitution programs,
counseling programs , community s ervice programs, educational programs and work
training programs .
On August 19 , 2011, the Fre sno County Community Correctio ns Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB)
109 Implementation Plan for 2011. On September 13, 2011 the CC P moved the
Implementation Pl an and associated Budget and Salary Reso lutions to t he Fresno
County Board of Sup ervisors for approval of the p lan pursuant to Asse mbly Bill (AB)
117. On that date, the Implementation Pla n 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 firs t amended
plan was approved by th e CCP and the updated plan and associated budget and salary
re solutions moved to the Board of Supervisors and were approved i n April 2013. In
October 2013 the second amended plan was approved by the CCP and moved to the
Board of Supervisors with the associated budg et and salary resolutions approved in
Jan uary 2014 .
21P age
The plan continues to undergo modifications to increase and maximize the effective
investment of criminal justice resources in evidence-based correctional sanctions and
programs for public safety. In keeping with the legislation as to reporting changes in
county CCP operational plans and services . this third update to the original plan
delineates changes and modifications to the original 201 1 plan for the County of Fresno
with funding allocations by the CCP on October 1. 2014 .
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing and or expanded. Due to the additions and changes that have occurred in
the operation of AB 109 programming , a third update to the plan is required for the
Community Corrections Partnership (CCP) as well as the attendant budget and salary
resolutions that will be reviewed by the Fresno County Board of Supervisors following
CCP approval.
Based on a determination of needs as ascertained through the operation of the AB 109
programs locally, and on the presentations made to the Community Co, rections
Partnership, there are several noteworthy additions and modifications to the 2011
approved plan .
Fresno County Sheriffs Office
IT Support Position
Due to increasing workload for various research activities associated with the operation
of the AB 109 program, the Sheriff's Office requested an IT support position which was
approved to provide custom application development to integrate jail program services
data and customize report programm ing . The Community Corrections Partnership has
allocated $98,011 for this position .
Pending Additional ~~tions/Requests for Proposals __ (RFPs) _____ _]
The Community Corrections Partnership approved funding to move forward with
Requests for Proposals for additional contracts for offender services in keeping with the
intent of the AB 109 le gislation . These allocations create , expand and implement
community and agency resources for the identified populations.
Domestic Violence Services
The purpose of the contract would be to provide both batterers intervention treatment
and holistic counseling services for offenders and family members that would reduce
recidivism and increase offenders ' chances of success in the community as we ll as
improve family functionality. The services could in clude parenting and anger
managemen1 classes as well as individual counselin g . The co ntractee would be
3IPa ge
expected to provide services through case managed supervis ion, at various locations in
the county for both Post Release Community Supervis ion {PRCS) and AB 109
offenders released from the jail. The program would be developed around the
identified and assessed needs of offenders and with the direction of either a probation
officer or case manager in the jail. The Community Corrections Partnership has
allocated approximately $203,725 for th is RFP . Funding for these services was also
approved as part of the CCP plan -2 nd update . However, implementation requi red
further refinement of the services , which has been identified and will be included in the
proposal.
Adult Compliance Team (ACT)
Two additional law enforcement officers were funded to be added to the team to include
law enforcement agencies from co unty locations not presently participating on the Adult
Compliance Team . The cost approved for the addition of the two law enforcement
officers is $283,000 per year.
In addition, funding was expanded to provide additional tra ining for officer safety, team
tactics, and training on current criminal behavioral trend s . Funding was increased -for
training by $15,000 per year.
Re-entry Services
The Com munity Corrections Partnership a llo cated funding for the development of
behavioral modification programs and behavioral cognitive therapies to address crimina l
thinking and de-institutionalizing habits and mindsets of offenders to be delivered in
both case managed services in the community and at the jail for realigned populations.
Th is program will provide an array of workforce development services geared to
increase skills acquisition and improve the chances of successful employment
outcomes. In addition, the program will target employers that have been locally
determined as high -growth and high-demand in order to create opportunities for self-
sufficiency and career advancement for the "hardest to employ" population. The CCP
ailocated $276 ,944 for an RFP for services. Fund ing for employment services was also
approved as part of the CCP plan -2nd update. However, implementation required
further refinement of the services, which has been ide ntified and will be included in the
proposal.
Status of Implementation Plan Programs: November 2014
A review of the 2011 Implementation Plan for Fresno County at the present time revea ls
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 implementations have been enacted .
Since inception, the direction and goal of the Fresno County Commun ity Corrections
Partnership as establis hed under AB 109, has been the successful implementation of
4jPage
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety . A baianced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
and identified correctional issues of this county.
The new 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.
SI P a 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
" .,.
i '• ,., ..
I
Background
----------····----·-·····--··--·--·····-------· ·····-········--------------···--1
AB 109 :
The Public Safety Realignment Act !
Fourth Update to the 2011 Implementation Plan
County of Fresno
November 2015 ··-------·-·-·· ·-··------·-··-·····-··-···-·······-·---------·-··'
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 report ing
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 we ll 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 supervision 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 offend e rs .
Status of Implementation Plan Programs: November 2015
A review of th e 2011 Implementation Plan for Fresno County at the pres en t time reveals
that programs slated for implementation have been or are being implemented and th e
overall tenure and direction of the CCP has been accomplished. Programs identified for
initial implementation have be e n enacted in accordance with evidence based practices
and principles consistent with public sa fety .
Since ince ption , the direction and goal of the Fresno County Community Corrections
Partn ership as established und er AB 109 , ha s been the successful implementation of
the legislation with th e cons iderati on of the uniqu e local issues that may impact offender
achievements and public safety . A balanced approach has be en struck that affords
offender accountability with th e development of co mmunity co rre cti ons fittin g the needs
3I Pag e
a ,1u iden tified correctional issues of this county. The new modification to the Fresno
Co u nty AB 109 operational plan serves the needs of the County.
41 Pag e
The Public Safety Realignment Act
AB 109
Implementation Plan 2015 -5th Update
County of Fresno
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Lisa A. Smittcamp, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
r-----··----····-·-···············---·-··--·--·· ·······----·············----············· AB··· 1 09····-··-·----·-···--····----··---···-.. ------··
j The Public Safety Realignment Act
Fifth Update to the 2011 Implementation Plan
County of Fresno
September 2017
Background
In the original legislation unde r AB 109 in 2011, Section 1230.1 of the California Penal
Code was amended to re ad , "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 impl e mentation of the 2011 public safety
reali g nment. (b) The plan shall be voted on by an executiv e 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 recommendatio ns
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 , th e Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment A ct , As·sembly Bill (AB)
109 Implementation Plan for 2011 . On September 13 , 2011 , the CCP placed the
Impl ementation 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 , placed
on th e Board of Supervisors ag enda with the associated budget and salary resolutions ,
and approved in January 2014 . Th e third amendment and associated budget and
salary resolutions wa s approved by the CCP on November 14 , 2014 and by the Board
of Supervisors on December 2 , 2014 . The fourth am e ndment and the asso ciated
21 P age
budget and salary resolution were approved by the CCP on November 6 , 2015 and by
the Board of Supervisors on January 12 , 2016 .
Modifications to the plan will continue to be needed to increase and maximize the
effective investment of criminal justice resources in evidence-based correctional
sanctions and programs for public safety . In keeping with the legislation as to reporting
changes in county CCP operational plans and services , this fifth update to the original
plan increases positions to expand services and supplies .
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing and or expanded . Due to a modification that has occurred in the operation
of AB 109 programming , a fifth update to the plan is required for the Community
Corrections Partnership (CCP) as well as the attendant budget and salary resolutions
that will be reviewed by the Fresno County Board of Supervisors following CCP
approval.
Based on a determination of needs as ascertained through the supervision of AB 109
offenders, the following modification is made to the 2011 approved plan.
Fresno County Sheriff-Coroner's Office
Jail Response Patrol
Since the implementation of AB 109 the responsibility of holding inmates that normally
would have moved on to the California Department of Corrections and Rehabil itation
(CDCR) has become that of the Fresno County Sheriff-Coroner's Office . The
population of those in jail that fall into this category has recently been over 800 inmates
(840 on 7/7/17). This is 29 % of the ja il population . As a result , a more hardened
criminal element is now being housed in the Fresno County Jail. There have been
increased violence and calls for service for crime reports and investigations. These
calls have resulted in misdemeanor and felony cases, which have included Three Strike
cases . Several incidents in the downtown area have also required Deputy Sheriff
response . Shootings and disturbances in Courthouse Park and the vicinity are
occurring more often . When there is a need for a Deputy Sheriff to respond to these
calls in the jail and Courthouse Park , that Deputy is pulled from the current complement
of field patrol units. The nature of a call to the jail many times results in having
numerous interviews , which removes that Deputy's availability to answer and fill other
calls for service many t imes taking that Deputy out of the field for an entire shift.
The plan is to field a patrol shift whose responsibility will be to respond and investigate
calls for service in the area of County responsibility in and around Courthouse Park
including the jail.
3I P a ge
Th e total full time equivalent is five (5) Deputy Sheriffs who will fill this patrol area 24/7
3<35 days a year.
<
Fresno County District Attorney-Public Administrator and Public Defender
Defender Misdemeanor Offender Accountability and Rehabilitation Program
Establishes a Misdemeanor Offender Accountability and Rehabilitation Program. In
Fresno County, a majority of the criminal cases filed are misdemeanor cases. In 2016 ,
22,974 misdemeanor cases were filed, compared to 7 ,308 felony cases. Subsequent to
Propositions (Prop) 47 , which reclassified many nonviolent offenses from felonies to
misdemeanors , and Prop 64 (Adult Use of Marijuana Act), a higher number of AB 109
offenders are now in the Misdemeanor Courts. Additional staff will allow both the
District Attorney-Public Administrator and Public Defender to properly handle the cases
and access the needs of the offenders . Additional staff will allow both Departments to
spend more time on each case and with each offender. The Attorneys who deal with
these offenders firsthand in court will be able to access what issues they may have and
assist the Court to get them into appropriate services .
Public Defender
Social Worker Unit
To remain consistent with the goal of reducing crime and recidivism, the Public
Defender is adding two full-time Social Workers to create a Social Worker Unit to
provide complete and holistic client representation. The Social Worker Unit will support
clients to effect change in their lives and environments in ways promoting self-
responsibility and reducing recidivism .
Under the direction of a Defense Attorney, the Social Workers will conduct assessments
and compile psychosocial histories to develop recommendations for appropriate pretrial
release , detention, treatment options, conditions of probation or diversion and
sentencing and post-sentencing options , if adjudicated. The collaboration between the
Defense Attorney and Social Workers will help to better identify and assess the cultural ,
mental health, employment, educational, and social needs of the clients charged with
crimina l offenses . Because clients often are in need of health benefits , employment,
housing , family counseling , drug and alcohol treatment and/or alternative placement ,
the Social Workers will provide valuable skills in helping clients access these services.
This Unit will work closely with the AB 109 population , arranging appropriate treatment
and ensuring compliance with Pretrial obligations at all stages of the criminal
proceeding, thereby reducing incarceration while the client's case is pending before the
Courts. The Unit will also provide support for the Defense Attorneys to focus on the
legal aspects while ensuring clients' socia l services needs are met. In addition , the Unit
will support clients by contacting them directly to ensure they appear at court-ordered
hearings ; they will reinforce and provide the clients support to complete their court-
ordered treatment programs thereby increasing the likelihood of successful completion
of programs rather than serving jail time. The Social Workers in this Unit will also
4j Page
support clients in finding housing/employment/education/training to successfully
complete all probation and court-ordered terms/conditions.
Fresno Police Department
Multi-Agency Gang Enforcement Consortium (MAGEC) Expansion
A:, of May 30, 2017, there were 2 ,634 people on AB 109 or Mandatory Supervision and
of that population , 80%, or 2,017 live in the City of Fresno according to Adult
Compliance Team (ACT) Personnel. Approximately 1,685, 80% of the 2,017 people on
AB 109 or Mandatory Supervision are gang members or have close gang ties according
to the Probation Department. The approved expansion will add four full-time ACT
Police Officers and one Crime Analyst to MAGEC. This will allow review of every 3455
(a) (Post Release Community Supervision) arrest that occurs in the City of Fresno and
allow immediate follow-up on AB 109 cases . New Police Officers will be trained on cell
phone forensics and social media analysis. In addition, gang related cases will be filed
with the MAGEC , District Attorney-Public Administrator, and United States Attorney
(USA) to maximize sentencing.
Pending Additional Actions/Requests for Proposals (RFP's)
The Community Corrections Partnership approved services including a parenting
program and a job training / apprenticeship program for offenders . These programs
expand community and agency resources for the AB 109 population . The selection of
the contractor to provide these services will be in accordance with Fresno County
Purchasing Guidelines.
SI Page
Status of Implementation Plan Programs: Novem ber, 2013
A review of the 2011 Implementation Plan for Fresno C ounty 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 i nitial 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 cou nty . The Community Corrections Partnership of Fresno
County is committed to philosophical and operational programs necessary to reduce the
crime and recidivism wh ile promoting a reduction in criminal victimization and increased
public safety .
1
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
September 2017
OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriff's Department
Fresno County District Attorney's Office
Fresno Police Department
Clovi s Police Department
Selma Police Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
Exhibit B
I. PURPOSE
This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and
cooperative effort. Additionally, it formalizes relationships between participating agencie s for
policy and planning in order to create a cooperative unit capable of addressing the public safety
concerns and issues facing local law enforceme nt in Fresno County r ega rding probation, post
re l ease community su pervi sion (PRCS), and mandatory supervised r elease that may occur due to
the passage of the Criminal Justice Realignment Act (AB 109) effective October 1, 2011.
II. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure offender
accountability, surveillance, and supervision through mobile, intensive and evidence based
practices leading to enhanced public sa fety and offender compliance .
2
Ill. GOALS
A. To reduce the occurrence of new criminal acts by targeting offenders on
probation, post re lease community supervi sion, and mandatory supervised
release with intensive surveillance by peace officers dedicated to enforcement of
conditions of relea se.
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 trend s in the realignment population and respond efficiently to
emerging trends that adversely affect public safety.
E. To gather, collect, and provide information and direction regarding the post
relea se community supervision (PRCS) and realignment populations for all law
enforcement agencies in the County of Fresno and act as the point of contact for
dissemination of offender information to law enforcement.
F. To re sp ond rapidly to e m e rg ency situations with know ledge and information
about the offenders.
G. To provide other public sa f ety responses including sea rches as authorized by the
terms of release and warrant services, as needed.
IV . GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, enjoined with evi dence based practice s,
forms the cornerstone of the Fresno County AB 109 supervisio n model. Thi s intensive approach
is seen in the formation of ACT; an interage ncy public safety alliance with local law enforcement
agencies and county justice partners that provides an additional level of offender accountability
and public sa fety. The "strike t eam" concept is used to describe peace office r s under ACT,
dedicated to particular e nforce m ent and publ ic safety purposes, with an immediate capacity to
take action with offenders under probation supervision, post release community supervision
{PCRS), and mandatory supervi sed release by the Fresno County Probation Department .
To this end, th e participating agencies devel oped these operational gu idelines and procedure s
concerning the formation of the Adult Compliance Team. The participating agencies agree jointly
and separate ly to abide by these t erms and provi sions set forth throughout the formation of the
joint operation.
V. ORGANIZATIONAL STRUCTURE
The Adult Compliance Team will b e co-lo ca ted at the Fresno County Probation Dep artm ent. Th e
Probation Departm e nt is the commanding agency of ACT and will maintain responsibility for the
administrative direction, objective, and miss ion of the Adult Comp liance Team .
The team will consist of sworn officers from the following agencies: two (2} deputy probation
offi ce rs from the Fre sno County Probation Departme nt; on e (1) se rg eant from the Fre sno County
Sheriff's Departm ent; two (2) deputies from the Fresno Co unty Sheriff's Department; two (2)
se nior district attorney investigators fro m the Fre sno County Di strict Attorney's Office; one (1)
se rgeant from the Fre sno Polic e Departme nt; three (3 ) police officers from the Fre sno Police
Department; two (2) police officers from th e Clovis Police Departm en t; one (1) police officer from
the Selma Police Department; one (1) police officer from the Ree dley Police Department; one (1)
police officer from th e Kerman Police Department; and one (1) police officer from the Kings burg
Police Department. Depend ent upon future funding, the siz e of ACT may fluctuate according to
the number of officers and agencies.
A. Policy and Direc tion
Und er the policy and pl a nning direc tion of the Community Corrections Partnership (CCP), ACT
will utilize an Advi so ry Sub-Committee of CCP.
B. ACT Advisory Sub -Committee of th e CCP
Each law enforcement agency that assigns p ersonn el to ACT may d es ignate a member to the ACT
Advisory Sub-Comm ittee of the CCP. All law e nforce ment agencies operating within the county
with an interest in ACT are w elcom e to attend the meetin gs of the ACT Advi so ry Sub-committee .
3
Appointments to and removal from the ACT Advisory Sub-Committee and appointment of a Sub-
Committee Chairperson will be made by the CC P Exec utive Comm ittee .
C. Operations Commander
The Prob ation Services Manager i s the Operations Commander and has overa ll respons i bili ty for
th e operation of ACT. The Op er ations Commander impl em e nts direction t o the t eam unde r th e
administrative direc tion of the Fresno County Pro bation Department's Realignment Division
Direc tor. The Operation s Commander will liaison with individual members of the ACT Advisory
Sub -Committee, and will attend m eetin gs of the CCP as r eq uired.
D. Field Su pervi so r
The assigned Fie ld Supervisor(s) will be th e day-to-day operations super vi so r(s) and responsible
for overall coordination of tacti ca l fi e ld operations. When ACT works as sepa rate elements an d
both superviso r s are working, eac h supervi so r will be re sp on sib le for their assigned element.
When only one supervisor is o n duty, th at superviso r will be responsible for the super vision of
both elements.
E. Prob ation Department
All probation conditions and rel ease com pl iance remains the responsibility of the AB 109
probation officer assigned to a spe cific offender. These conditions are predetermined before
r e lease from custody to probation, post r elease community supervision or mandatory supervised
r e lease. Th e offenders will be unde r the supe r visio n of thei r assigned probation officer or ACT
probation officer.
VI. OPERATIONS
A. Sup e rvi sion and Fi e ld Res pon sibility
Th e use of surve ill ance, supe rvi sio n, an d field contact s will be established in co njunction with
Fres no County Probation Department poli cies and as estab li shed by th e CCP Execut ive
Committee, ACT Advisory Sub-Committee, and po li cies and procedures of general law
e nforce m ent accepted practices as establ ished by st atute and case law.
B. Records and Re ports
All r eports created by ACT r e lat ed to contact s with those o ffende r s under probation supervision,
po st r elease co mmunity supervi sion, and mandatory sup e r vised release wil l be entered into the
Probation Records In formation M anage m ent Syste m (PRIMS). All age ncies participating on the
ACT will hav e f ull access to Sharenet and the informati on in PRIM S. Information shari ng with
other l aw e nforce m e nt age ncies rega rding offenders und e r probation supervision, post r elease
commun ity sup ervisi on, and ma nd atory sup ervise d relea se allowing for appropriate law
enforcement re sponse i s a priority for ACT .
4
Any additional crime, arre st, or incident report will be documented by the primary investigative
officer through the use of their own departme ntal report writing syste m.
VII. ADMINISTRATION
A. Financial Administration
Fin a ncial administration of ACT funds allocated by the CCP Executive Committee will be the
res1?onsibility of the Fr es no County Probation Department Bu siness Office through the duration
of the program. In addition, th e allocation and managem e nt offunds are guided by Fresno County
Fi scal Policy and under the review quarterly of the CCP Finance and Audit Sub-committee for
presentation to the CCP.
B. Vehicles
As provided for in the approve d Fiscal Year 2017-2018 CCP budget, vehicles will be provided for
probation staff and for participating law e nforce ment officers as specified in the final approved
budget of the CCP and Fre sno County, for use in execu ting the mission of ACT.
C. Communications
Each participating law e nforcement agency will provide communications equipment for its own
p er so nn e l through th e duration of th e OA . Each agency is r es pon sible for its interagency
communication ope rability. The policie s and procedures of each agency will govern
communication by its own personnel. The Fr es no County Sheriff's Dispatch will be the prim ary
contact for operations of ACT .
D. Firearm s
Each participating agency will provid e all n ecessary firearms for its own pe r so nnel through th e
duration of the OA . Th e polici es and proced ures of eac h age ncy will govern th e use of firearm s
by its own perso nnel.
E. Equipment and Property
Any prop e rty, e quipme nt or other items ac quired with funds allocated by the CCP Executive
Committee shall be the property of ACT through the duration of th e OA . Upon termination of this
OA or any r evi sion, th e property of ACT sha ll be di stributed as determined by the CCP Execut ive
Committee.
5
F. Training
ACT Officers will complete training as assigned and approved by the ACT Advisory Sub-Committee
chairperson or their designee. Train ing for the team will be outlined during the fiscal year to
reflect the needs of the team. The Probation Division Director may also as sign training to the ACT
members as it pertains to the Evidence Based Practices outlined by the AB 109 program.
G. Personnel Management
The selection of ACT members -will be made by each participating agency. If any of the ACT
pol~cies and procedures conflict with any of the participating agencie s' policies and procedures,
notice of said conflict shall be immediately given to a supervisor. The supervisor will take
whatever action necessary to reconci le the conflict .
Each participating agency retains full responsibility for the professional and personal conduct of
its own personnel assigned to ACT. Each participating agency will follow their agency
directives/MOU for working modified schedules.
VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as policie s
and procedures that may be required by participation in ACT.
There are a number of categories 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) Emp loyee Evaluations
c) On-Duty Motor Vehicle Accidents
d) Injuries Sustained on Duty
e) Officer-Involved Shooting
f) Discharge of Firearm
g) Vehicle Pursuits
h) Use of Force
Each participating team member's agency has in place an administrative proces s for addres sing
the situations listed above. Should these situation s occur, ACT will immediately notify th e
involved officer's agency. It will remain the responsibi lity of the involved officer's agency to
address those situations pursuant to their own administrative process. All agencies involved in a
critical in cident will have the opportunity to observe other ag e ncy interviews with their own
employees .
6
IX. DURATION
The term of this OA will be from September 15, 2017 through June 30, 2018. Participation in ACT
by any participating agency may continue as funding provides or until sa id agency terminates
participation in ACT. An agency shall terminate participation in the following manner: delivery of
written notice to the Chairperson of the CCP Exe cutive Committee and to all other participation
agencies, with termination to be effective 60 days after delivery.
X. TERM OF AGREEMENT
As to each participating agency, this OA will be in force from the date that agency signs the
agreement. Termination of the OA has been provided for above.
XI. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to this OA 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 consideration and approval.
XII. LIABILITY
Ea ch participating agency will be so le ly r es ponsible for any and all damages, includin g attorney's
fees, results from acts or omissions of its own employees including ACT assigned employee. Each
participating agency shall indemnify and hold harmless each other participating agency for said
acts or omissions . The provision s contained herein include any violation of app licable law,
ordinance, regulation or rule, in cluding where the claim, loss, damage, charge or expense was
caused by deliberate, willful or criminal acts of any age n cy, or any of its agents, officers or
employees in its or their performance thereunder.
It is the intent of the parties hereto that, where n eg ligen ce is determ in ed to have been
contributory, principles of comparative negligence will be followed and each party sha ll bear the
proportionate cost of any loss, damage, expense, and liability attributable to that party's
negligence.
The participating agencies will es tablish procedures to notify th e other agencies where
appropriate of any claims, administrative actions or lega l actions with respec t t o any of th e
matter described in this ind emnification provision . The agencies sha ll cooperate in the defense
of such action s brought by others with res pect to the matters covered in this agreement. Nothing
set forth in this OA shall establish a standard of care for, or create any le ga l rights in, any person
not a party to thi s OA.
7
XIII. NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of
any subsequent breach, of either the same or another provision of this OA.
XIV . SEVERABILITY
If any term, covenant, or condition of this OA is held by a court of competent jurisdiction to be
invalid, the remainder of this OA will remain in full force and effect.
XV. AMBIGUITY
The participating agencies have each carefully rev iewed this OA and have agreed to each term of
this OA. No ambiguity shall be presumed to be construed against any other party.
XVI. GOVERNING LAW
The interpretation and enforcement of this OA will be governed by th e laws of the State of
California, and where applicabl e, by federal law. The participating agenc ies agree to submit any
disputes arising under this OA to a court of competent jurisdiction l ocated in Fresno, California.
XV II. INTEGRATION
The OA embodies the entire agreement of the participating agencies in relation to the formation
and operation of ACT, except for "Program Costs." Except for that, there is no other agreement
or understanding, verbal or otherwise, existing among the participating agencies.
8