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Agreement No.15-218
AGREEMENT
THIS AGREEMENT is made and entered into this~ day of ;:Ii Ll\ o '2015,
4 by and between the COUNTY OF FRESNO, a political subdivision of the State of California,
5 hereinafter referred to as "COUNTY," and the CITY OF SELMA, a municipal corporation,
6 hereinafter referred to as "CONTRACTOR."
7 W I T N E S S E T H:
8 WHEREAS, the State of California, under Assembly Bill 109, the Public Safety
9 Realignment Act (AB 1 09), has realigned responsibilities for probation, post release community
10 supervision (PRCS) and mandatory supervised release of offenders; and
11 WHEREAS, the Public Safety Realignment Act AB 1 09 Implementation Plan of 2011
12 hereinafter referred to as "AB 109 PLAN," was developed by the Fresno County Community
13 Corrections Partnership (CCP) and approved by the Fresno County Board of Supervisors; and
14 WHEREAS, the AB 109 PLAN included formation of the Adult Compliance Team
15 (ACT) to create a cooperative unit capable of addressing public safety concerns and issues facing
16 local law enforcement in Fresno County; and
17 WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriff's
18 Department, the Fresno County District Attorney's Office, the Fresno County Probation
19 Department, and officers of the Fresno, Clovis, and Selma Police Departments; and
20 WHEREAS, the State of California has provided funding to Fresno County for the
21 purpose of implementing AB 109 services.
22 NOW, THEREFORE, in respect of the mutual promises contained herein, the Parties
23 hereto agree as follows:
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1. OBLIGATIONS OF THE COUNTY
COUNTY shall compensate and remit to CONTRACTOR, as provided herein an
26 amount equal to the cost of one (1) Police Officer for assignment to the ACT, not to exceed, in
27 aggregate, the maximum amount payable under this Agreement of one hundred and fifty-seven
28 thousand, six hundred and thirty-three dollars ($157,633).
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2. OBLIGATIONS OF THE CONTRACTOR
CONTRACTOR shall assign one (1) Police Officer to be responsible for fulfilling
3 the responsibilities of an ACT member, as set forth in pages 15 and 16 of the AB 1 09
4 Implementation PlAN 2011, approved by the Fresno County Board of Supervisors, attached
5 hereto as "Exhibit A," and in the Operational Guidelines and Procedures of the ACT, attached
6 hereto as "Exhibit B." In the event that the AB 109 PlAN is revised by the CCP, and approved by
7 the Fresno County Board of Supervisors, the responsibilities of the Police Officer under this
8 Agreement may be modified accordingly.
9 3. TERM
10 This Agreement shall become effective on the June 2, 2015 and shall
11 terminate on June 30, 2016.
4. TERMINATION 12
13 A Non-Allocation of Funds -The terms of this Agreement, and the services to
14 be provided thereunder, are contingent on the approval of funds by the appropriating government
15 agency. Should sufficient funds not be allocated, the services provided may be modified, or this
16 Agreement terminated by COUNTY, at any time, by giving the CONTRACTOR not less than thirty
17 (30) days advance written notice.
18 B. With or Without Cause-COUNTY or CONTRACTOR may immediately
19 terminate this Agreement by delivering 60 days advance written notice to the other party.
20 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
21 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither
22 shall such payment impair or prejudice any remedy available to the COUNTY with respect to the
23 breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the
24 repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement,
25 which in the judgment of COUNTY were not expended in accordance with the terms of this
26 Agreement. CONTRACTOR shall promptly refund any such funds upon demand.
27 5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
28 CONTRACTOR agrees to receive compensation as follows:
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1 CONTRACTOR shall submit quarterly invoices for actual expenditures to the
2 County of Fresno Probation Department at: Probationlnvoices@co.fresno.ca.us. Invoices must
3 be submitted on or after the dates of October 1, 2015 and January 1, April1, and July 1, 2016,
4 respectively, and include a breakdown of expenses identified in the final approved budget of the
5 CCP in the County of Fresno for use in executing the mission of ACT.
6 Payments by COUNTY shall be made in arrears, for services provided during
7 the preceding month, and made within forty-five days (45) days after receipt and verification of
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CONTRACTOR's properly completed invoices by COUNTY's Probation Department. If
CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall be
relieved of its obligation for further compensation.
Upon any termination of this Agreement, CONTRACTOR shall be
compensated for costs incurred under this Agreement, up to and including the date of
14 termination.
15 In no event shall services performed under this Agreement be in excess of one
16 hundred fifty-seven thousand, six hundred and thirty-three dollars ($157,633.)
17 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and
18 obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and
19 agreed that CONTRACTOR, including any and all of the CONTRACTOR's officers, agents, and
20 employees will at all times be acting and performing as an independent contractor, and shall act in
21 an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or
22 associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or
23 direct the manner or method by which CONTRACTOR shall perform its work and function.
24 However, COUNTY shall retain the right to administer this Agreement so as to verify that
25 CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
26 CONTRACTOR and COUNTY shall comply with all applicable provisions of
27 law and the rules and regulations, if any, of governmental authorities having jurisdiction over
28 matters the subject thereof.
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1 Because of its status as an independent contractor, CONTRACTOR shall have
2 absolutely no right to employment rights and benefits available to COUNTY employees.
3 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its
4 employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely
5 responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR's
6 employees, including compliance with Social Security withholding and all other regulations
7 governing such matters. It is acknowledged that during the term of this Agreement,
8 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this
9 Agreement.
10 7. MODIFICATION: Any matters of this Agreement may be modified from time to
11 time by the written consent of all the parties without, in any way, affecting the remainder.
12 8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this
13 Agreement nor their rights or duties under this Agreement without the prior written consent of the
14 other party.
15 9. HOLD HARMLESS:
16 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY's
17 request, defend the COUNTY, its officers, agents, and employees from any and all costs and
18 expenses, damages, liabilities, claims, and losses, including attorney's fees and costs, occurring,
19 resulting, or arising from the negligent or wrongful performance by CONTRACTOR, or its officers,
20 agents, or employees of obligations agreed to be performed under this Agreement.
21 COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR's
22 request, defend the CONTRACTOR, its officers, agents, and employees from any and all costs
23 and expenses, damages, liabilities, claims, and losses, including attorney's fees and costs,
24 occurring, resulting, or arising from the negligent or wrongful performance by COUNTY, or its
25 officers, agents, or employees of obligations agreed to be performed under this Agreement.
26 10. INSURANCE
27 Without limiting the COUNTY's right to obtain indemnification from
28 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full
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1 force and effect, the following insurance policies or a program of self-insurance, including but not
2 limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the
3 term of the Agreement:
4 A. Commercial General Liability
5 Commercial General Liability Insurance with limits of not less than One
6 Million Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million Dollars
7 ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require
8 specific coverages including completed operations, products liability, contractual liability,
9 Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed
10 necessary because of the nature of this contract.
11 B. Automobile Liability
12 Comprehensive Automobile Liability Insurance with limits for bodily injury of
13 not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred
14 Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty
15 Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred
16 Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used
17 in connection with this Agreement.
18 C. Professional Liability
19 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
20 L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
21 than One Million Dollars ($1 ,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)
22 annual aggregate.
23 D. Worker's Compensation
24 A policy of Worker's Compensation insurance as may be required by the
25 California Labor Code.
26 CONTRACTOR shall obtain endorsements to the Commercial General
27 Liability insurance naming the County of Fresno, its officers, agents, and employees, individually
28 and collectively, as additional insured, but only insofar as the operations under this Agreement are
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1 concerned. Such coverage for additional insured shall apply as primary insurance and any other
2 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
3 excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
4 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
5 written notice given to COUNTY.
6 Within Thirty (30) days from the date CONTRACTOR signs and executes
7 this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated
8 above for all of the foregoing policies, as required herein, to the County of Fresno, Probation
9 Business Manager Greg Reinke, 3333 E. American Ave., Suite B, Fresno, CA 93725, stating that
10 such insurance coverages have been obtained and are in full force; that the County of Fresno, its
11 officers, agents and employees will not be responsible for any premiums on the policies; that such
12 Commercial General Liability insurance names the County of Fresno, its officers, agents and
13 employees, individually and collectively, as additional insured, but only insofar as the operations
14 under this Agreement are concerned; that such coverage for additional insured shall apply as
15 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its
16 officers, agents and employees, shall be excess only and not contributing with insurance provided
17 under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed
18 without a minimum of thirty (30) days advance, written notice given to COUNTY.
19 In the event CONTRACTOR fails to keep in effect at all times insurance
20 coverage as herein provided, the COUNTY may, in addition to other remedies it may have,
21 suspend or terminate this Agreement upon the occurrence of such event.
22 All policies shall be with admitted insurers licensed to do business in the State
23 of California. Insurance purchased shall be purchased from companies possessing a current A.M.
24 Best, Inc. rating of A FSC VII or better.
25 11. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during
26 business hours, and as often as the COUNTY may deem necessary, make available to the
27 COUNTY for examination all of its records and data with respect to the matters covered by this
28 Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to
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1 audit and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance
2 with the terms of this Agreement.
3 If this Agreement exceeds ten thousand dollars ($1 0,000.00), CONTRACTOR
4 shall be subject to the examination and audit of the Auditor General for a period of three (3) years
5 after final payment under contract (Government Code Section 8546. 7).
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8 12. NOTICES: The persons and their addresses having authority to give and
9 receive notices under this Agreement include the following:
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COUNTY
COUNTY OF FRESNO
CONTRACTOR
CITY OF SELMA
Rick Chavez, Chief Probation Officer Greg Garner. Chief of Police
3333 E. American Avenue, Suite 8 1935 E. Front Street
Fresno, CA 93725 Selma, CA 93662
Any and all notices between the COUNTY and the CONTRACTOR provided
15 for or permitted under this Agreement or by law shall be in writing and shall be deemed duly
16 served when personally delivered to one of the parties, or in lieu of such personal services, when
17 deposited in the United States Mail, postage prepaid, addressed to such party.
18 13. GOVERNING LAW: Venue for any action arising out of or related to this
19 Agreement shall only be in Fresno County, California.
20 The rights and obligations of the parties and all interpretation and performance of
21 this Agreement shall be governed in all respects by the laws of the State of California.
22 14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement
23 between the CONTRACTOR and COUNTY with respect to the subject matter hereof and
24 supersedes all previous Agreement negotiations, proposals, commitments, writings,
25 advertisements, publications, and understandings of any nature whatsoever unless expressly
26 included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
2 the day and year first hereinabove written.
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D AS TO L~AL FORM
eal E. Costanzo, City of Selma Attorney
24 FOR ACCOUNTING USE ONLY:
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FUND:
ORG:
SUBCLASS:
ACCOUNT:
0001
34309999
10000
7295
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DATE: I~
REVIEWED & RECOMMENDED
FORAPPROV
APPROVED AS TO LEGAL FORM
Daniel C. Cederborg, County Counsel
APPROVED AS TO ACCOUNTING FORM
Vicki Crow, CPA
Auditorfa.nltrol~eYfax Collector
~ uJ._{ L;!..,~
Auditor-Controllerrr reasurer-Tax Collector
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
Deputy
The Public Safety Realignment Act
AB 109
Implementation Plan 2011
County of Fresno
EXHIBIT A
Executive Committee of the Community Corrections Partnership
Linda Penner, Chief Probation Officer, County of Fresno (Chair)
Ron. GaTy Hoff, Presiding Judge, FTesno County SupeTioT Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District AttoTney, County of Fresno
Kenneth Taniguchi, Public DefendeT, County of Fresno
Jerry Dyer, Chief, Fresno Police Department
Donna Taylor, Director, Behavioral Health, County of Fresno
...
The following statement was developed and approved by the Executive Committee of
the Fresno County Community Corrections Partnership (CCP) on August 19, 2011. On
that date, AB 109 the Public Safety Realignment Act Implementation Plan was finalized
and approved by the Executive Committee for submission to the Fresno County Board
of Supervisors:
"Although AB 109 delineates a funding formula for implementation of this legislation, it
appears that this initial funding is inadequate to accomplish the specified objectives of
realignment or to establish the framework necessary to implement the Community
Corrections Partnership within the aggressive time line set by the State of California.
The Fresno County CCP is concerned that the state of California 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 community, this plan will ensure
offenders are held accountable by placing an emphasis on incarceration and
supervision, while at the same time providing services to offenders that will ensure the
highest probability of succeeding."
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AB 109
The Public Safety Realignment Act
Summary and Overview of Legislation
In an effort to address overcrowding in California's prisons and assist in alleviating the
state's financial crisis, the Public Safety Realignment Act (Assembly Bill 1 09) was
signed into law on April 5, 2011. AB 109 transfers responsibility for supervising
specified lower level inmates and parolees from the California Department of
Corrections and Rehabilitation to counties. Implementation of the Public Safety
Realignment Act is scheduled for October 1, 2011.
Additionally, Section 1230 of the California Penal Code is amended to read "Each
county local Community Corrections Partnership established pursuant to subdivision (b)
of Section 1230 shall recommend a local plan to the County Board of Supervisors for
the implementation of the 2011 public safety realignment. (b) The plan shall be voted on
by an executive committee of each county's Community Corrections Partnership
consisting of the Chief Probation Officer of the county as chair, a Chief of Police, the
Sheriff, the District Attorney, the Public Defender, presiding Judge or his or her
designee, and the department representative listed in either section 1230 (b) (2) (G),
1230 (b) (2) (H), or 1230 (b) (2) (J) as designated by the county board of supervisors for
purposes related to the development and presentation of the plan. (c) The plan shall be
deemed accepted by the County Board of Supervisors unless rejected by a vote of
4/5ths in which case the plan goes back to the Community Corrections Partnership for
further consideration. (d) Consistent with local needs and resources, the plan may
include recommendations to maximize the effective investment of criminal justice
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 progr,ams, 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
180 days), with the exception of paroled 'lifers' who have a revocation term of greater
than 30 days. The Courts will hear revocations of post release community supervision
while the Board of Parole Hearings will conduct parole violation hearings in jail.
Changes to Custody Credits: Jail inmates will be able to earn four days of credit for
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 being held in the county jail in lieu of bail. Eligible inmates must first be held in
custody for 60 days post-arraignment, or 30 days for those charged with misdemeanor
offenses.
Community-Based Punishment: Authorizes counties to use a range of community based
punishment and intermediate sanctions other than jail incarceration alone or traditional
routine probation supervision.
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Background and Information
This historic legislation sets into motion a number of fundamental changes related to the
incarceration, supervision and treatment of a designated group of offenders and
provides Fresno County with the ability and limited funding to provide correctional
services. AB 1 09 offers support for community corrections and its multiple goals of
offender accountability, surveillance and supervision as well as fiscal accountability.
AB 109 reduces the number of offenders incarcerated in the state prison and releases
offenders convicted of specified felonies (low risk sexual offenders defined by Static 99,
non-violent offenders and non-serious offenders) to counties of commitment. It also
changes the California Penal Code and sentencing practices to keep these offenders of
specified felonies from being committed to state prison.
Community Corrections as detailed in the Realignment Act are non-prison sanctions
imposed by a court that move offenders through a system of services that are evidence
based and available to those who will most likely benefit from them thereby redeeming
both offenders and economies. The magnitude and scope of the legislation has
required a paradigm shift for the criminal justice system in Fresno County. The justice
partners in conjunction with the Community Corrections Partnership stand ready and
competent to provide for public safety services mindful of the realignment focus on
evidence based practices and solutions for alternatives to incarceration and reentry
joined with public safety services.
In October 2011 through October of 2013, Fresno County will receive 1598 returning
offenders from the California Department of Corrections and Rehabilitation for post
release supervision services. In addition, with the implementation of sentencing
reforms, those offenders convicted of specified felonies will be punishable in a county
jail or other loca~ sentencing option for more than one year. Both of these actions will
have considerable impact on the community and the justice system in Fresno County.
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To address these anticipated needs, a number of proposals are recommended that will
build ground up a system of fiscally responsible, data driven, evidence based rigorous
reforms to current operations that will be inclusive, comprehensive and transparent.
The proposed strategies consider the expected multidimensional needs of the new
realignment population and the solutions necessary to achieve the balance between
public safety and the spirit of the legislation. The goals of increased public safety
through reduced victimization can be met at the local level providing there is
understanding that is informed and based on the already established and verified body
of knowledge of evidence based practice, principles and programs.
SB 678 California Community Corrections Performance Act
The National Institute of Corrections (NIC) recommends that correctional systems
establish local values, principals and process based on evidenced based research. It is
anticipated that the CCP will utilize all evidenced based and logic models as it moves
forward in the development and implementation of services.
Evidenced based programs are found in the SB 678 California Community Corrections
Partnership Act. In 2009 the State of California enacted SB 678 which provided a
formula based system for sharing state savings with probation departments for
improved supervision of felony probationers and reduced prison admissions. Fresno
County Probation received $1,270,000 to develop and enact evidence based
programming (EBP) for adultOffenders. This award continues through September 30,
2012. The funding allowed for the immediate development of EBP in conjunction 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.
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Evidence Based Practices: Fresno County Probation
Risk-Needs Assessment
The Static Risk Offender Needs Guide (STRONG) is a 41h 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, marriagelfamil¥, 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
Evidence Based Practices and designed to change an offender's adverse thinking patterns,
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provide education and job training to enable long-term employment, and hold offenders
accountable during the day.
The goals of the Adult Day Reporting Center are to reduce offender rearrests and recidivism,
assist offenders in successful reentry by providing needed services, and increase public safety
by holding offenders accountable. These goals will be achieved by providing skill-based learning
opportunities, educational and vocational training and intensive community supervision.
Participants in the Adult Day Reporting Center:
• Enhance their coping skills through group and peer counseling
• Locate and maintain stable housing
• Improve educational and vocational skills
• Find and retain meaningful work
• Structure their activities within the community
• Receive intensive community supervision by their probation officers
In Fresno County, the ADRC as designed and in the process of moving to full implementation
has identified supervision, treatment and training for offenders who are identified through
assessment for services. Up to 50 realignment offenders will eventually enrolled in the ADRC.
The current facility is co-located with the Adult Drug Suppression function in Fresno. Offenders
go through a four-phase program from one day to seven days per week and are typically seen
on aftercare approximately six months into the program. At the present time California State
University, Department of Criminology, has submitted an application to fund a comprehensive
process and outcome evaluation of the Adult Day Reporting Center program.
Thinking for a Change (T 4C) Adults
Validated as evidence based program, T11inking for a Change, (T4C) cognitive behavioral
therapy has proven to be an effective program for juveniles and through endowed grant funding,
extended for adult offending populations. Cognitive-Behavioral Therapy (CBT) in the T4C
model is an empirically supported treatment that focuses on patterns of thinking that are
maladaptive and the beliefs that underlie such thinking. Since 1997, Thinking for a Change
(T4C) has trained thousands ofeorrectional staff to·facititate offender-groups-in-this evidence-
based cognitive behavior program. The Thinking for a Change curriculum uses as its core a
problem solving component, with both cognitive restructuring and social skills interventions.
It was developed to be appropriate for a wide-range of offender groups, and has been
implemented in all phases of the juvenile and adult criminal justice systems with considerable
reductions in recidivism.
In Fresno, probation officers have been trained and are being trained in the model and following
assessment of offenders those moved to the model meet with probation staff twice weekly in
group~ of ten to study and participate in therapy. The Fresno model is part of the evaluation
that California State University has proposed completing on the DRC.
Offender Link Telephone Reporting
Validated as a promising practice, Offender Link identifies low risk offenders in bank caseloads
who can maintain contact via telephone reporting. This allows probation officers to focus
attention on medium to high risk offenders through the use of phone and web based services
that simplify client supervision with automated voice authenticated check-ins, interviews and
message delivery. Probationers receive notifications and court reminders, drug test notifications
and specific instructions on conditions of probation
Motivational Interviewing
Motivational Interviewing (MI) is a client-centered approach for eliciting behavioral change
through helping offenders explore and resolve ambivalence. It is an evidence based practice
that has been shown to effectively change behavior. It is a positive and focused goal based
approach that attempts to increase the offenders awareness of the potential problems caused,
consequences experienced, and risks faced as a result of the behavior in question. With
offenders, the belief that change is possible is an important motivator to succeed in making the
change. They're held responsible for choosing and carry out actions to change.
In Fresno County probation officers and probation technicians that have direct client contact are
being trained in the model that will be utilized as an EBP with the realignment population.
Proposed Implementation Plan: Roles and Responsibilities
Fresno County Sheriff's Office: Jail Division
The Fresno County Sheriff's Office is currently responsible for three jails in downtown
Fresno near the main Fresno County Criminal Courthouse. Operationally the jail has
34 78 beds available in the three jails but due to budget constraints and reductions, the
bed count is now maintained at 1923 beds. There is no ability for the jail to absorb
additional AB 109 populations at its present funding level and the Sheriff remains under
a federal consent decree for overcrowding that requires release of inmates whenever a
designated bed for the inmate's classification is not available.
With the advent of AB 109 funding it is anticipated that the Fresno County Sheriff would
reopen a floor in the North Annex Jail that has 432 beds. In addition due to security
concerns and classification issues, a small number of classified security beds may be
opened in the South Annex Jail. For the operational dates of October 2011 through ..
June of 2012, the Sheriff's Office will open one floor with 432 beds. Contingent upon
funding, a second floor with 432 beds would be opened in April 2012 through the end of
the first fiscal year.
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Based on inmate classification criteria and the physical construction configuration of the
North Annex Jail, the 432 beds being considered for use are all Minimum Security
housing beds. This physical configuration facilitates programming for some inmates
while limiting such for others. The Jail system cannot be operated by segregating AB
109 inmates from other inmates. Jail Objective Classification that includes such criteria
as gender, crime, criminal sophistication, gang affiliation etc., determines the use of
housing not the specific funding source. However, the addition of jail beds into the
system will allow for a significantly larger inmate population, consistent with
classification issues to be housed in the reopened floors of the North Annex Jail. This
will include long term commitments under the mandates of sentencing reform and "flash
incarceration "strategies.
Additional inmates include ( 1) those convicted of a felony now sentenced to 16 months,
two years or 3 years in county jail in lieu of state prison; (2) the additional number of
offenders who are pretrial; (3) violators of post release supervision up to 180 days; (4)
violators of state parole up to 180 days; and (5) post release community supervisees
sanctioned with "flash 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 community provider committees that are
9 I r a g e
'
developed to insure that the appropriate service level is met despite limited funding
constraints. Expansion of in-custody programming is necessary to maintain safety and
offer productive use of free time while incarcerated. Enhancements to jail programming
such as substance abuse services and mental health services are considered vital as
part of a comprehensive county effort under the legislation. Evidence based
assessment will become part of the service delivery system.
The use/expansion of the community/agency resources including education and
vocational services will be explored by the Community Corrections Partnership. In
addition, evidence based practices in custodial facilities would include gender
responsive strategies for the female offending population. It is anticipated that due to
the nature of female criminality that the proportion of female offenders in the
realignment population will increase and that services should be explored that reflect
gender paths to criminality and gender responsivity in the justice system provision of
services.
10 I P d g e
Proposed Implementation Plan: Roles and Responsibilities
The Fresno County Probation Department: Post Release Supervision
The Fresno County Probation Department has been designated by the Fresno County
Board of Supervisors as the Supervising County Agency for the Post Release
Community Supervision program pursuant to AB 109. The department is now in the
position and has the authority to begin receiving information on the inmates that will be
released from CDCR to Fresno County and to make the appropriate plans though the
CCP for offender supervision once retuned to the county. The operational date is
October 1, 2011.
As the administrator for the post release offenders, a full range of options for community
supervision has been designed by the probation department under an intensive
supervision model. Available under proposed community release strategies are home
detention with electronic monitoring and GPS, the Adult Day Reporting Center,
urinalysis testing, cognitive behavioral interventions, adult offender work program,
referrals to a community network of substance abuse and mentarhealtn-services and
residential treatment programs, referral for educational and training programs and "flash
incarceration" as necessitated for violation of supervision conditions.
As designated in AB 109 legislation, a post-release supervision cannot exceed a period
of three years, however, offenders may be discharged earlier following a period of
' successful community supervision; any revocations will be served in the county jail for
up to 180 days in length. As discussed in the realignment legislation, probation is to
supervise under appropriate terms and conditions of probation, consistent with evidence
lliPag''
based practices, treatment services and a series of progressive incentives and
sanctions.
Post Release Supervision Model
A supervision ratio for this population has been set at one deputy probation officer per
50 offenders. The officers and support staff will be located at a site that will facilitate
program as well as safety and security. The officers will have full access to the Adult
Day Reporting Center. The probation department will transition monthly into a
specialized supervision unit with the responsibility of intensive supervision based on the
numbers being released from CDCR. It is estimated that an average of two probation
officers will be hired each month through June of 2012 in the initial phase. During the
initial phase of realignment for post release community supervision, approximately 794
post release supervision offenders will be received in the county from state prison. It is
estimated that this population will grow through 2013 to a total of 1598 offenders having
been released to the county of Fresno.
'
12 I P a g c
Estimated Postrelease Community
Supervision Average Daily Population
Supervision of the post-release population from CDCR by the Fresno County Probation
Department is based on the AB 109 legislation that provides for community supervision
not to exceed three years and discharge in a minimum of six months if they are
successful under the terms of community supervision. Offenders in this population can
be revoked for up to180 days; requirjng pa_rticipation 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
13IPage
and up to ten days custodial time "flash incarceration" for violating specific terms and
conditions of release.
Adult Day Reporting Center
The Fresno County Probation Department plans to expand the Adult Day Reporting
Center (ADRC) to provide probation services to offenders in the medium-high risk
offender category. The Probation Department anticipates that providing additional
rehabilitative services to this target group will prove to be the most efficient and cost
effective use of resources for the realignment population. The ADRC will be a one-stop
center for offender accountability and evidence-based supervision and services. It will
provide supportive supervision and treatment services for eligible offenders as identified
through assessment.
Once an offender is determined to be eligible through an objective assessment
instrument, the probation department will refer the offender to the ADRC, where he/she
will be closely monitored and report regularly for drug and alcohol screening and receive
intensive case management, substance abuse treatment, life skills, pro-social skill
development, career guidance, and job training. The services provided at the ADRC will
be designed to break the offender's entrenched criminal behavior through onsite
services. The Probation Department fully anticipates that by addressing the gap in
_seruice delivery forJbis offender population, through evideoce-based practices--aktl-le---
ADRC, it will be able to significantly reduce levels of recidivism within this population.
Through the auspices of SB 678, the probation department has participated in training
and implementation of evidence based practices that influence supervision practices
and that have proved effective nationally in reducing recidivism with improved outcomes
for offenders. The department has invested significant resources and manpower in the
selection and implementation of the STRONG Assessment tool. The data interface for
the department has been completed, beta testing is about to begin and the assessment
tool will be ready by October 2011. It is the departments plan to use STRONG the
14 I F d g ('
validated risk-needs tool, throughout service provision beginning in the pretrial service
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 Sheriff's 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 with other law enforcement agencies.
15 1 rag c
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 rage
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 puFchased 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 P a 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 FTA often spend more time in local jails when compared to other jail admissions.
Missed court appearances impact victims and witnesses that share a stake in the court
hearings. Reminding defendants of their court appearances with court date notifications
is a pretrial release intervention designed to reduce failure to appear and associated
costs. Systems of reminders such as live, automated and mail have been shown to be
effective and the pretrial services staff should consider the use of such a system.
As with any effective and comprehensive pretrial services program, the relationship with
the criminal court, the probation department, district attorney, public defender and the
sheriff's department must be open and collaborative. All agencies will work together to
insure that services are supportive of public safety as well as the offender.
'
18 I P d s c·
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 implementation of treatment services that address
criminogenic needs. Best practices include a combination of surveillance and
treatment for probationers, rather than one or the other alone based on the use of
evidence-based practices risk and needs assessment tools. It is known and expected
that a significant number of the realignment population have long standing unaddressed
substance abuse problems and/or mental health issues that will need to be considered
as the CCP plan goes forward. Treatment as part of the offenders' adjustment on
probation has long been seen as the avenue to successful completion of probation and
a crime free reintegration into the community. Since the majority of offenders and
incarcerated populations have serious substance abuse problems, many
contemporaneously with mental health issues, treatment and appropriate services must
be developed and should be considered a critical risk reduction strategy. It is the
recommendation that a Treatment and Services Coalition (TASC) committee be formed
to address the outstanding service needs and service gaps that may be identified for
this population.
19 I P a g c
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 recidivism have been appropriately met.
The program evaluation should commence immediately and include a process
evaluation to assess the implementation of the strategies and services created and
directed to the realignment population. In addition, an outcome evaluation that would
measure the impact of the strategies and services created for the offending population
in reducing recidivism among the identified population using quantitative research
analysis should also be completed.
Qualitative and quantitative data on evidence-based programs are important in
corrections. Without effective evidence-based supervision, programs, and services, the
system exists without empirical evidence of program effectiveness and compromises its
ability to assist those on probation with changing their criminal behavior.
Quality assurance through systematic observation and evaluation of various
components of the Fresno County system is a necessity as well. This is in order to
assure and maximize the probability that the minimum standards set by the CCP are
maintained throughout the system.
'
20 I P a g c
'~rl1e Pttblie Safety I{ealigiiiileilt _l\ct
L~J3 109
lJpclate to 20 ll IIIrpleirleiltatiorl Pla11
2013
--------------
Coliilt-v of ~Fres110
,.!
Executive ContnLittee o.f t:he Cornnu.utit:.)' Corrections Parl;nershiJl
Linda PenneL Chief Probation Officer .. County of Fresno (Chair)
Sheran 1\lo:rton, Court Executive Officer. Frf'sno County Superior Court
Sht~riff JHargaret Mitns~ County of Fresno
Elizahct h Egan~ District Attorney~ County of Fresno
1\.t'Ilnetlt Taniguchi~ Pu hlie Defer1dcr. Couttt y of l''rcSJlO
( .. ' .
Jerry D~·er. Chief. I~resno Police Departn1en t
Donna Tay·Jor. l)irf'etor, Behavioralllealt1L Corinty of F'resno
Background
AB 109
The Public Safety Realignment Act
Update to the 2011 Implementation Plan
County of Fresno
2013
On August 19, 2011, the Fresno County Community Corrections Partnership (CCP)
Executive Committee approved the Public Safety Realignment Act, Assembly Bill (AB}
109 Implementation Plan for 2011. On September 13, 2011 the CCP moved the
Implementation Plan and associated Budget and Salary Resolutions to the Fresno
County Board of Supervisors for approval of the plan pursuant to Assembly Bill (AB)
117. On that date, the Implementation Plan and the associated budget and resolutions
were approved. The Plan has been operational since that time.
Changes are set to occur in the operation of associated programs in the County of
Fresno under the auspices of AB 109. The intended development and implementation
of new programs requires an amended and updated plan for Fresno County that has
been developed 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 the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment (b) The plan shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of the Chief Probation Officer of the
county as chair, a Chief of Police, the Sheriff, the District Attorney, the Public Defender,
Presiding Judge or his or her designee, and the department representative listed in
either section 1230 (b) (2) (G),1230 {b) (2) (H), or 1230 (b) (2) (J) as designated by the
coooty board--of sup€l.r'I.Iisors-forput:poses related to the{.;]evelopment· and preseffiati.oo
of the plan. (c) The plan shall be deemed accepted by the County Board of Supervisors
unless rejected by a vote of4/5ths in which case the plan goes back to the Community
Corrections Partnership for further consideration.
Consistent with the legislation and local needs and resources, the plan is now
undergoing modifications and includes proposals that increase and maximize the
effective investment of criminal justice 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 proposal delineates proposed changes and rnodifications to the
original 2011 plan for the County of Fresno.
Legislative Mandate History
The Fresno County Implementation Plan of 2011 foilows the legislative mandates and
intents as specified in the legislation and identified below. The programs, services and
activities have been built both upon the guiding principles stated in the legislation that
controls realignment as well as the needs identified through the operation of the
program locally.
The Public Safety Realignment Act (Assembly Bill 109) was signed into law on April 5,
2011 in the State of California.
Several mandated changes took place upon the implementation of the law on October
1. 2011:
( 1) AB 109 transferred responsibility for supervising specified lower level inmates and
parolees from the California Department of Corrections and Rehabilitation to counties.
This population, the Post Release Community Supervision (PRCS) offenders became
eligible for county supervision for a period not to exceed 3 years, provided by the county
agency designated by that county's Board of Supervisors. In Fresno County, the Fresno
County Probation Department has the designated responsibility for PRCS supervision.
(2) The definition of some felony crimes was revised to include certain crimes that
became punishable in jail for 16 months, 2 years, or 3 years instead of state prison,
although some offenses, including serious, violent and some sex-offenses, are excluded
and sentences can continue to be served in state prison.
(3) Post Release Community Supervision (PRCS) and state parole revocations are now
served in local jails (by law maximum revocation sentence is up to180 days), with the
exception of paroled 'lifers' who have a revocation term of greater than 30 days. The
Superior Courts through the implementation of the legislation now hear revocations of
Post Release Con1munity Supervision (PRCS) offenders with the Board of Parole
Hearings conducting parole violation hearings through July 1, 2013 at which time the
Superior Courts will assume responsibility for state parole revocations.
(4) Changes to custody credits have occurred in which jail inmates are now able to
earn four days of credit for every two days served. Time spent on home detention (i.e.
electronic rTwnitoring) is credited as time spent in jail custody.
(5) Penal Code Section 1203 018 now authorizes electronic monitoring for inmates
being held in the county jail in lieu of bail. Eligible inmates must first be held in custody
for 60 days post-arraignment, 30 days for those charged with misdemeanor offenses or
the inmate is-appropriate for the program based on a determination by the correctional
administrator that the inmate's participation would be consistent with the public safety
interests of the community.
(6) Under the authority of the legislation, community based punishment was authorized
that allows counties to use a range of comrnunity based punishment and intermediate
sanctions other than jail incarceration alone or traditional routine probation supervision
for the identified populations.
Changes to 2011 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 U1e operation of
AB 109 programming, the updated 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 the approvaL
Given the influence in the legislation to utilize evidence based practices and programs
through a range of community based services and sanctions, and based on a
determination of needs as ascertained through the operation of the AB 109 Programs
locally, there are several noteworthy additions and modifications to the approved plan.
Changes and additions to the original 2011 plan have been made in the Fresno County
Sheriffs' Office, Fresno County Probation Department, the Fresno County Department
of Behavioral Health and the Fresno County Department of Public Health.
These changes, additions and modifications are:
• Jail Transition Unit
• Jail Medical Services
• Probation Supervision and Referral Services
• Behavioral Health Contracts
• Adult Compliance Team
• Pending RFP's for services
On January 22, 2013, the CCP solicited and accepted proposals from interested parties
for the addition and exp~n of services based on identified needs and priorities of the
CCP. On February 27. 2013 additional programs for which proposals had been
submitted were selected and will further modify the operation of local AB 109 service
provision.
·------------·--------·--·--···----~·-·····---···--····--····-··-·-------......................................... ..
..
With the advent of AB 109 funding it was anticipated that the Fresno County jail would
reopen 432 beds in the North Annex Jail which occurred on October 1, 2011. An
additional floor of the North Annex Jail with 432 beds opened on September 1, 2012.
3
With the support of CCP funding, this has allowed for the accountability necessary for
the foundation of the public safety services provided through realignment.
Fresno County Jail Operations: New Program T JCU
In November of 2012, the Fresno County Sheriff's Office and the Fresno County
Probation Department were selected to be part of the national Transition from Jail to
Community Initiative (T JC). Through the award the agencies have begun a process to
reverse the trend of criminal recidivism in adult correctional populations. Through the
provision of evidence based planning, the jail committed to develop jail services and
programs that connect to a continuum of community services designed to enhance
successful integration. The T JC project has been instrumental in assisting in the
development of a transition pod proposed and approved under the auspices of AB 109
funding on February 27, 2013. Through the collective operation of the probation and
sheriffs departments, the Transition from Jail to Community Unit (T JCU) will be opened
in the North Annex Jail housing up to 72 sentenced prisoners and identified through
assessments with commitment times of one year or more. The ACTS Jail Assessment
model will provide both proxy scoring and criminogenic risk needs score for
programming. Evidence based transition services will be developed including
education, substance abuse, and community services. The jail will attempt to develop
class and program space and will work with the Community and Custody Resources
Subcommittee of the CCP to encourage community engagement ln the process of
building a reentry unit as well as faith based programming. Staff will be cross-trained in
cognitive behavioral programming provided by probation including Motivational
interviewing and Thinking for a Change. The probation staff will additionally case
manage unit offenders and work on the progressive reentry issues including community
transition through program phases.
L____________________ __ F~t?s.noCounty[)t?P~rtrnent of Publi_c _____ H ___ e ___ a ____ l __ t_h _______________________________ ___;
~9il Medical Services
Following approval of the Implementation Plan in 2011 and on September 13, 2011 the
Department of Public Health requested and received an allocation for medical services.
This was later increased due to a higher level of AB 109 inmates in the jail with an
additional reserve amount put aside to address future costs. Medical services are
mandated by Title 15, Division I of the California Code of regulations. On February 27,
2013 the CCP authorized additional funding for Jail Medical services due to continuing
increased costs in the jaiL
Although not specifically identified in the original Implementation Plan of 2011, the
provision of medical and mental health services is in keeping with the full course
treatment aspect of realignment and state mandates for jail medical services.
..
Post Release Community Supervision offenders in the first year of operation totaled
1,581 individuals who were released to the Fresno County Probation Department for
services. Trends noted in the first year of operation and continuing to date are the
appreciably higher number of offenders received versus the number projected to be
released. Another trend in the offending population is the use of alcohol and drugs with
multiple problems related to this substance use, including family conflict, employment.
anti-social behavior and new offenses. The need for menta! health services was
immediately apparent in the PRCS population. Some required inpatient level of care.
The probation department opened the AB 109 'one-stop' offender services office on
Winery Avenue in Fresno California. At that location, AB 109 offenders can meet with
their probation officers, be referred to the Adult Day Reporting Center on campus, drug
test and be referred to needed services there including Workforce Connection.
To address trends in the offending population since the development of the 2011
Implementation Plan ttle Probation Department has partnered with both the Department
of Behavioral Health for Turning Point of Central California, Inc. (Turning Point)
treatment services for PRCS offenders and the Fresno County Sheriff's Office for
offender ser,;ices that will occur both in and out of custody.
Additional Service Provision
Co-located at that location are the mental health and substance abuse services of
Turning Point of Central California through a contract implemented in 2012 with the
Department of Behavioral Health. Turning Point provides both mental health and
substance use disorder services at their First Street Center. Turning Point provides a
full array of services to include, outpatient mental health and substance use disorder
treatment, full services partAefShif}-Services-for severely mental iH -clients, residential
detoxification and treatment, and sober llving housing. The contract with Turning Point
was expanded due to the increased need for additional residential beds for offenders.
'
~ -~~~<----~~"-~------~~~"-·---.~~---·--. ··-____ _. ___ ~ ····-~~-~--· ~ ·····--·~·-··-------······-..•..... ~~" --·-· -·'
Fresno 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 substance abuse problems and/or mental health issues that will need to
be considered as the CCP plan goes forward ... Since the majority of offenders and
incarcerated 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."
Fresno County Depariment of Behavioral Health (OBH) was tasked with providing
rnental 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 assessrnents and limited outpatient services at probation's
Winery Avenue site. Turning Point provides a full array of services to include, outpatient
mental health and substance use disorder treatment, full services partnership services
for severely mental ill clients, residential treatment. sober living housing. The contact
was expanded on September 11, 2012 due to the increased need for residential and
treatment beds for offenders.
Team
The Fresno County Adult Con1pliance Team (ACT) became operational in November of
2011 and present1y consists of two Fresno County Probation Officers, one Fresno City
Police Officer, one Clovis City Police Officer. one Fresno County District Attorney
Investigator and one Fresno County Sheriffs Sergeant. This team is multi-purposed: to
enforce conditions of supervision; to note trends in the realignment population and to be
able to efficiently respond to issues: to provide information and direction for all law
enforcement agencies in the County of Fresno and to be the point of contact for
dissemination of offender information; to respond rapidly with knowledge and
information about the offenders in such case as emergency situations may arise
stemming from this population as well as the, need to mitigate the need for custodial
services.
In the Implementation Plan of 2011, there was no provision made for overtime and
training costs. On February 27, 2013 the CCP did approve the addition of these costs
to the plan.
6
Pending Contracts
At the Community Corrections Partnership meeting on February 27, 2013 the CCP
approved funding for two additional contracts for offender services in keeping with the
intent of the AB 109 legislation that would create, expand and implement community
and agency resources for the offending populations.
Counseling Services
The first allocation was for in custody, out of custody and pretrial counseling services.
The purpose of the contract is to provide services designed to reduce recidivism by
targeting behaviors that lead to or continue criminal behavior through the provision of
counseling services to identified offenders in the AB 109 population. The contractee
would be expected to provide services at the jail and through case managed
supervision, at various locations in the county for both PRCS offenders and AB 109
offenders released from the jaiL The program would be developed around the
identified and assessed needs of the offender and with the direction of a probation
officer or case manager in the jail.
Homeless Offender Services
The needs of the homeless offender are broad and encompass many areas. Collective
priorities in our community and literature on evidence based practices support the need
for homeless offenders that do not qualify for mental health and substance abuse
consideration. The purpose of the contract would be to provide services for unmet
needs for those being released from prison (PRCS) the transition pod at the jail
including transitional residential housing, those who become homeless while under the
supervision of the probation department and those offenders who could qualify for pre-
trial release with a requisite residence requirement. In additional services designed to
divert offenders from the cycle of incarceration and homelessness through supportive
and evidence based programing in conjunction with transitional housing with homeless
participantS-WOuld be a requisite_part of the program.
Employment Assistance
In addition to the above newly approved Request for Proposals, the Community
Corrections Partnership has authorized a shift in dedicated monies to an expansion of
services for job training and assistance for the AB 109 population. A contract to
address and expand job training would allow for on-site assistance at the 'one-stop'
center for offenders to coincide with other needed services. The purpose of the contract
would be to provide employment services for offenders that have little to no work
experience, have difficulty keeping a job, assist with workplace technology and '
counseling services including substance abuse education and social work services that
focus on job retention.
'
Discussion of Since 2011
Pretrial Services Program
The Fresno County Probation Pre Trial Services program became operational in
September, 2012. At the present time, over 300 offenders have been referred for
services based on the Pre Trial Virginia Model of Assessment (VMI) with supervision
services that include GPS monitoring and tracking. Assessment services (STRONG)
are also being completed on AB 109 supervised offenders as identified in the
Implementation Plan.
Automated Voice Calling (AVC)
The evidence based practice shown to be effective in court processing of offenders is
the automated telephonic 'reminder' service, as discussed in the original implementation
plan, became operational in July 2012. Automated calls to defendant's homes
providing a court hearing notice as provided by In Touch have attempted over 44, 000
automated voice contacts (AVC) to defendants in Fresno County Courts.
Sub-Committees to the Community Corrections Partnership
In the Implementation Plan of 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 1 09 as well as provide
collaboration, information and assistance to the CCP.
These standing committees are: Fiscal Review and Audit; Community and Custody
Resources; Victim/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--Researchand-€valllatieA-{GRE)was-ffired by the CCP through
contractual agreement to provide the CCP evaluative services as required and
approved in the AB 109 Implementation Plan for Fresno County. The overall focus of
activity has been to create an objective and evidence based evaluation and quality
assurance plan for the county. ORE continues the process and is in the development of
an analytic report to compare descriptive data to outcomes which will completed once
the 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 Fresno County; to review the programs as selected and
implemented for the most efficient and effective outcomes and to provide information to
the CCP that will assist in informed decision making.
8
Statu§_of Implementation Plan Prograrns: 2013
A review of the 201 i Implementation Plan for Fresno County at the present time reveals
that programs slated for implementation have been realized and the overall tenure and
direction of the CCP has been accomplished. One service for client referral in 'real
time' for treatment providers as discussed in the implementation plan was not
implemented due to technology issues.
Under the guise of both accountability and evidence based practices and principles
consistent with public safety, programs identified for initial implementations have been
enacted.
Since inception. the direction and goal of the Fresno County Community Corrections
Partnership as established under AB 109, has been the successful implementation of
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
and identified correctional issues of this county.
The new modifications and additions to the Fresno County AB 109 operational plan
serve the needs of the county. The Community Corrections Partnership of Fresno
County is committed to philosophical and operational programs necessary to reduce the
crime and recidivism while promoting a reduction in criminal victimization and increased
public safety.
..
The Public Safety Realignment Act
AB 109
Implementation Plan 2014-znct Update
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
I Sheran Morton, Court Executive Officer, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, County of Fresno
Background
AB 109
The Public Safety Realignment Act
Second Update to the 2011 Implementation Plan
County of Fresno
October 2013
In the original legislation under AB 109 in 2011, Section 1230.1 of the California Penal
Code was amended to read "Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to
the County Board of Supervisors for the implementation of the 2011 public safety
realignment. (b) The plan shall be voted on by an executive committee of each county's
Community Corrections Partnership consisting of the Chief Probation Officer of the
county as chair, a Chief of Police, the Sheriff, the District Attorney, the Public Defender,
Presiding Judge or his designee, and one department representative listed in either
subparagraph (G) (H) or (J) of paragraph (2) of subdivision (b) of Section 1230 as
designated by the County Board of Supervisors for related to the development and
presentation of the plan. (c) The plan shall be deemed accepted by the County Board of
Supervisors unless the Board rejects the plan by four-fifths of the Board, in which case
the plan goes back to the Community Corrections Partnership for further consideration.
(d) Consistent with local needs and resources the plan may include recommendations
to maximum the effective investment of criminal justice resources in evidenced-based
correctional sanctions and program including, but not limited to day reporting centers,
drug courts, residential multiservice 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 lmplermmtatiurr-Picm--fm--Lo-tt-:-·On September 13, 2011 -ure 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.
21Page
The plan continues to undergo modifications to increase and maximize the effective
investment of criminal justice resources in evidence-based correctional sanctions and
programs for public safety. In keeping with the legislation as to reporting changes in
county CCP operational plans and services, this second update to the original plan
delineates changes and modifications to the original 2011 plan for the County of Fresno
as approved by the CCP on October 15, 2013.
Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
are ongoing. Due to the additions and changes that have occurred in the operation of
AB 109 programming, a second update to the plan is required for the Community
Corrections Partnership (CCP) as well as the attendant budget and salary resolutions
that will be reviewed by the Fresno County Board of Supervisors following CCP
approval.
Based on a determination of needs as ascertained through the operation of the AB 109
programs locally, and on the presentations made to the Community Corrections
Partnership, there are several noteworthy additions and modifications to the 2011
approved plan.
Fresno County Probation Department
Data Collection and Evaluation Positions
After 18 months of Realignment in Criminal Justice in California, the need to collect
local data at the County level that is consistent, timely and useful data across multiple
agencies, systems and contractors has become critical. With the advent of data based
decision making and requirements at the state and local level, processes have changed
significantly in the area of data and information collection. In addition, the 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, require new methods of data management. lthas 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 Techno log~ Analyst and a Program Technician.
Data continues to be needed from the following agencies: Adult Probation, APS data
base; District Attorney's Office, STAR data processing system; Superior Court, V2
system; County Jail, Offender Track; County Behavioral Health and Private Provider
case files. The end product of these systems coordinating with each other would be
3jPage
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, Sheriff's 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 Sheriff's Office
Jail Records Positions
With the implementation of AB 109 locally, there was a significant increase in long-term
commitments and with them, an influx of legal and judicial documents. The Jail is now
the custodian of records for 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 AB1 09 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.
'
41Page
Pending Requests for Proposals (RFPs)
At the Community Corrections Partnership meeting on October 15, 2013 the CCP
approved funding for two additional contracts for offender services in keeping with the
intent of the AB 109 legislation that would create, expand and implement community
and agency resources for the offending populations.
Domestic Violence Services
The first allocation was for in custody, out of custody and pretrial counseling services for
identified offenders. The purpose of a contract would be to 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 1 09 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 1 09 Implementation
Plan of 2011. Research supports that finding employment is a critical step for offenders
to reduce recidivism and that employment training is a critical element of rehabilitation.
The purpose of the contract would be to provide employability services for offenders
that have little to no work experience, have difficulty keeping a job, assist with
workplace technology, employability and job placement services. Ancillary services as
to coaching, counseling services including substance abuse education and social work
services that focus on pro-social development to increase job retention would also be
part of the contract. The Community Corrections Partnership has allocated
approximately $400,000 for this RFP.
Discussion of Program Operations since 2011 Data Collection
The firm of Owen Research and Evaluation (ORE) was hired by the CCP through
contractual agreement to provide the CCP evaluative services as required and
approved in the AB 109 Implementation Plan for Fresno County. The overall focus of
activity has been to create an objective and evidence based evaluation and quality
assurance plan for the county. In addition, the introduction of proposed expansion of
research efforts on multi-levels including the PEW -supported Results First Initiative,
the Public Policy Institute of California (PPIC) and the Urban Institute have required new
methods of data management. The First Year Interim Report on AB 109 was released
to the CCP in October of 2013 and is available on the Fresno County Probation website.
5I Page
Status of Implementation Plan Programs: November, 2013
A review of the 2011 Implementation Plan for Fresno County at the present time reveals
that programs slated for implementation have been realized and the overall tenure and
direction of the CCP has been accomplished. Under the guise of both accountability
and evidence based practices and principles consistent with public safety, programs
identified for initial implementations have been enacted.
Since inception, the direction and goal of the Fresno County Community Corrections
Partnership as established under AB 109, has been the successful implementation of
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
and identified correctional issues of this county.
The new modifications and additions to the Fresno County AB 109 operational plan
serve the needs of the county. The Community Corrections Partnership of Fresno
County is committed to philosophical and operational programs necessary to reduce the
crime and recidivism while promoting a reduction in criminal victimization and increased
public safety .
..
6jPage
Attachment "A"
The Public Safety Realignment Act
AB 109
Implementation Plan 2014-3rd Update
County of Fresno
Executive Committee of the Community Corrections Partnership
Rick Chavez, Chief Probation Officer, (Chair) County of Fresno
Sheran Morton, Fresno County Superior Court
Sheriff Margaret Mims, County of Fresno
Elizabeth Egan, District Attorney, County of Fresno
Elizabeth Diaz, Public Defender, County of Fresno
Jerry Dyer, Chief of Police, City of Fresno
Dawan Utecht, Director, Behavioral Health, CQunty of Fresno ..
A, ..
~
Background
AB 109
The Public Safety Realignment Act
Third Update to the 2011 Implementation Plan
County of Fresno
November 2014
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. 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 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 which 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 criminal justice resources in evidenced-based correctional
sanctions and programs including, but not limited to: Day Reporting Centers, drug
courts, residential multiservice centers, mental health treatment programs, electronic
and Global Positioning System (GPS) monitoring programs, victim restitution 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
lmj:')lemetmltiof'l==Piaf"'=a~sseGiated Btldget-and Salary-Rese1ut-ions 4e-#!e Fresno
County Board of Supervisors for approval of the plan pursuant to Assembly Bill (AB)
117. On that date, the Implementation Plan and the associated budget and resolutions
were approved. The Plan has been operational since that time.
Modifications to 2011 Plan
Due to the need for modifications of the original plan, in March, 2013 the first amended
plan was approved by the CCP and the updated plan and associated budget and salary
resolutions moved to the Board of Supervisors and were approved in April 2013_ In
October 2013 the second amended plan was approved by the CCP and moved to the
Board of Supervisors with the associated budget and salary resolutions approved in
January 2014.
21Page
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 2011 plan for the County of Fresno
with funding allocations by the CCP on October 1, 2014.
Program Changes to 2011 Original Implementation Plan
Programs that were approved and funded in the original Implementation Plan of 2011
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 Corrections
Partnership, there are several noteworthy additions and modifications to the 2011
approved plan.
Fresno County Sheriffs Office
IT Support Position
Due to increasing workload for various research activities associated with the operation
of the AB 109 program, the Sheriffs Office requested an IT support position which was
approved to provide custom application development to integrate jail program services
data and customize report programming. The Community Corrections Partnership has
allocated $98,011 for this position.
Pending Additional Actions/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 legislation. These allocations create, expand and implement
community and agency resources for the identified populations.
Demestic 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 well as
improve family functionality. The services could include parenting and anger
management classes as well as individual counseling. The contractee would be
3JPage
expected to provide services through case managed supervision, at various locations in
the county for both Post Release Community Supervision (PRCS) and AB 1 09
offenders released from the jail. The program would be developed around the
identified and assessed needs of offenders and with the direction of either a probation
officer or case manager in the jail. The Community Corrections Partnership has
allocated approximately $203,725 for this RFP. Funding for these services was also
approved as part of the CCP plan -2nd update. However, implementation required
further refinement of the 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 county locations not presently participating on the Adult
Compliance Team. The cost approved for the addition of the two law enforcement
officers is $283,000 per year.
In addition, funding was expanded to provide additional training for officer safety, team
tactics, and training on current criminal behavioral trends. Funding was increased· for
training by $15,000 per year.
Re-entry Services
The Community Corrections Partnership allocated funding for the development of
behavioral modification programs and behavioral cognitive therapies to address criminal
thinking and de-institutionalizing habits and mindsets of offenders to be delivered in
both case managed services in the community and at the jail for realigned populations.
This 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
allocated $276,944 for an RFP for services. Funding for employment services was also
approved as part of the CCP plan -2nd update. However, implementation required
furtherrefinement of the serviGes,which has been identified 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 reveals
that programs slated for implementation have been or are being implemented and the
overall tenure and direction of the CCP has been accomplished. Under the guise of
both accountability and evidence-based practites and principles'consistent with public
safety, programs identified for initial implementations have been enacted.
Since inception, the direction and goal of the Fresno County Community Corrections
Partnership as established under AB 1 09, has been the successful implementation of
41Page
the legislation with the consideration of the unique local issues that may impact offender
achievements and public safety. A balanced approach has been struck that affords
offender accountability with the development of community corrections fitting the needs
and identified correctional issues of this county.
The new modifications and additions to the Fresno County AB 109 operational plan
serve the needs of the county. The Community Corrections Partnership of Fresno
County is committed to philosophical and operational programs necessary to reduce the
crime and recidivism while promoting a reduction in criminal victimization and increased
public safety.
5I Page
'
'
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
February 2012
OPERATIONAL GUIDELINES AND PROCEDURES
Fresno County Probation Department
Fresno County Sheriff's Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
S e I ma_goJice---Departm e nt
Exhibit B
1
I. PURPOSE
This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and cooperative
effort. Additionally, it formalizes relationships between participating agencies for policy and planning in
order to create a cooperative unit capable of addressing the public safety concerns and issues facing
local law enforcement in Fresno County regarding probation, post release community supervision
(PRCS), and mandatory supervised release that may occur due to the passage of the Criminal Justice
Realignment Act (AB 109) effective October 1, 2011.
II. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure offender
accountability, surveillance, and supervision through mobile, intensive and evidence based
practices leading to enhanced public safety and offender compliance.
Ill. GOALS
A. To reduce the occurrence of new criminal acts by targeting offenders on probation, post
release community supervision, and mandatory supervised release with intensive
surveillance by peace officers dedicated to enforcement of conditions of release.
B. To identify supervised offenders who are not meeting their conditions of release in
order to ensure compliance.
C. To mitigate the need for custodial sanctions through appropriate early interventions.
D. To document trends in the realignment population and respond efficiently to emerging
trends that adversely affect public safety.
E. To gather, collect, and provide information and direction regarding the post release
community supervision (PRCS) and realignment populations for all law enforcement
agencies in the County of Fresno and act as the point of contact for dissemination of
offender information to law enforcement.
F. To respond rapidly to emergency situations with knowledge and information about the
offenders.
G. To provide other public safety responses including searches as authorized by the terms
of release and warrant services, as needed.
IV. GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, enjoined with evidence based practices,
forms the cornerstone of the Fresno County AB 109 supervision model. This intensive approach
is seen in the formation of ACT; an interagency public safety alliance with local law
enforcement agencies and county justice partners that provides an additional level of offender
2
..
accountability and public safety. The "strike team" concept is used to describe peace officers
under ACT, dedicated to particular enforcement and public safety purposes, with an immediate
capacity to take action with offenders under probation supervision, post release community
supervision (PCRS), and mandatory supervised release by the Fresno County Probation
Department.
To this end, the participating agencies developed these operational guidelines and procedures
concerning the formation of the Adult Compliance Team. The participating agencies agree
jointly and separately to abide by these terms and provisions set forth throughout the
formation of the joint operation.
V. ORGANIZATIONAL STRUCTURE
The Adult Compliance Team will be co-located at the Fresno County Probation AB-109 Unit. The
team will be under the administrative direction of the Probation Division Director who
maintains responsibility for the Adult Probation Field operations.
The team will consist of sworn officers from the following agencies: two (2) deputy probation
officers from the Fresno County Probation Department; one (1) police officer from the Fresno
Police Department; one (1) police officer from the Clovis Police Department; one (1) police
officer from the Selma Police Department; one (1) senior district attorney investigator from the
Fresno County District Attorney's Office; and one (1) sergeant from the Fresno County Sheriff's
Department. Dependent upon future funding, the size of ACT may fluctuate according to the
number of officers and agencies.
Under the policy and planning direction of the Community Corrections Partnership (CCP), ACT
will utilize an Advisory Sub-Committee of CCP.
A. Policy and Direction
The CCP Executive Committee will establish policy and set direction for ACT consistent with the
Mission and Goals-stated in this-document.
B. ACT Advisory Sub-Committee of the CCP
Each law enforcement agency that assigns personnel to ACT may designate a member to the
ACT Advisory Sub-Committee of the CCP. All law enforcement agencies operating within the
county with an interest in ACT are welcome to attend the meetings of the ACT Advisory Sub-
Committee. Appointments to and removal from the ACT Advisory Sub-Committee and
appointment of a Sub-Committee Chairperson will be made by the CCP Executive Committee.
C. Operations Commander
The assigned Fresno County Sheriff's Department Sergeant will be the day-to-day operations
commander and responsible for overall coordination of tactical field operations.
3
The Operations Commander has overall responsibility for the operation of ACT. The Operations
Commander is accountable to the CCP Executive Committee for implementing direction set by
them. The Operations Commander will liaison with individual members of the ACT Advisory
Sub-Committee, and will attend meetings of the CCP as required.
D. Probation Department
All probation conditions and release compliance remains the responsibility of the AB 109
probation officer assigned to a specific offender. These conditions are predetermined before
release from custody to probation, post release community supervision or mandatory
supervised release. The offenders will be under the supervision of their assigned probation
officer or ACT probation officer.
VI. OPERATIONS
A. Supervision and Field Responsibility
The use of surveillance, supervision, and field contacts will be established in conjunction with
Fresno County Probation Department policies and as established by the CCP Executive
Committee, ACT Advisory Sub-Committee, and policies and procedures of general law
enforcement accepted practices as established by statute and case law.
B. Records and Reports
All reports created by ACT related to contacts with those offenders under probation
supervision, post release community supervision, and mandatory supervised release will be
entered into the Adult Probation System (APS). All agencies participating on the ACT will have
full access to Sharenet and the information in APS. Information sharing with other law
enforcement agencies regarding offenders under probation supervision, post release
community supervision, and mandatory supervised release allowing for appropriate law
enforcement response is a priority for ACT.
Any additional crime, arrest, or incident report will be documented by the primary investigative
officer through the use of their own departmental report writing system.
VII. ADMINISTRATION
A. Financial Administration
Financial administration of ACT funds allocated by the CCP Executive Committee will be the
responsibility of the Fresno County Probation Department Business Office through the duration
of the program. In addition, the allocation and management of funds are guided by Fresno
County Fiscal Policy and under the review quarterly of the CCP Finance and Audit Sub-
Committee for presentation to the CCP.
4
B. Vehicles
Vehicles will be provided for probation staff and for participating law enforcement officers as
specified in the final approved budget of the CCP and Fresno County, for use in executing the
mission of ACT.
C. Communications
Each participating law enforcement agency will provide communications equipment for its own
personnel. Each agency is responsible for its interagency communication operability. The
policies and procedures of each agency will govern communication by its own personnel. The
Fresno County Sheriff's Dispatch will be the primary contact for operations of ACT
D. Firearms
Each participating law enforcement agency will provide all necessary firearms for its own
personnel. The policies and procedures of each agency will govern the use of firearms by its
own personnel.
E. Equipment and Property
Any property, equipment or other items acquired with funds allocated by the CCP Executive
Committee shall be the property of ACT. Upon termination of participation in ACT, each agency
shall return all property of ACT, which shall be distributed as determined by the CCP Executive
Committee.
F. Training
ACT assigned officers will complete training as required by their respective agencies and as
approved by the Operations Commander and each law enforcement agency. Training will
include training in Evidence Based Practices defined as supervision policies, procedures,
programs, and practices demonstrated by scientific research to reduce recidivism among
individuals under probation, parole, or post release community supervision.
G. Personnel Management
The selection of ACT members will be made by each participating agency. If any ACT policies
and procedures conflict with any of the participating agencies' policies and procedures, notice
of said conflict shall be immediately given to a supervisor. The supervisor will take whatever
action necessary to reconcile the conflict.
'
Each participating agency retains full responsibility for the professional and personal conduct of
its own personnel assigned to ACT. Each participating agency will follow their agency
directives/MOU for working modified schedules.
5
VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as policies
and procedures that may be required by participation in ACT.
There are a number of administrative issues or situations pertaining to individual team
members which will, or may, arise. Those include, but are not limited to:
a. Citizen Complaints
b. Employee Evaluations
c. On-Duty Motor Vehicle Accidents
d. Injuries Sustained on Duty
e. Officer-Involved Shooting
f. Discharge of Firearm
g. Vehicle Pursuits
h. Use of Force
Each participating team member's agency has in place an administrative process for addressing
the situations listed above. Should these situations occur, ACT will immediately notify the
involved officer's agency. It will remain the responsibility of the involved officer's agency to
address those situations pursuant to their own administrative process. All agencies involved in
a critical incident will have the opportunity to observe other agency interviews with their own
employees.
IX. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to these
Operational Guidelines and Procedures by submitting it at any regular meeting of the ACT
Advisory Sub-Committee. The proposed amendment would be submitted to the Executive
Committee of the Community Corrections Partnership for their approval.
X. TERMINATION OF PARTICIPATION
An agency shall terminate participation in the following manner: delivery of written notice to
COUNTY, to the Chairperson of the CCP Executive Committee and to all other participating
agencies, with termination to be effective 60 days after delivery to COUNTY.
6