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HomeMy WebLinkAboutResolutions - 2010.12.09 - 10067December 9, 2010 MISCELLANEOUS RESOLUTION #10337 BY: PUBLIC SERVICES COMMITTEE, JIM RUNESTAD, VICE CHAIRPERSON IN RE: 52-1 DISTRICT COURT — FY 2011 SOBRIETY COURT (SCAO) - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2010 through September 30, 2011; and WHEREAS the application requested total program funding in the amount of $85,640; 35,000 in grant funding was awarded from SCAO, plus 377,590 from the general fund; and WHEREAS this is the tenth year of grant funding. WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism. increasing use of alcohol ano ;Hegel drugs. rising systems costs, and an increase in jail days ordered; and WHEREAS this grant no longer funds any Positions, the in-kind support is currently budgeted in the general fund; and WHEREAS tnis grant awaro of $5.000 funds Ignition Interlock installation, IN-HOM monitoring and travel expenses, and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Kchigan Drug Court Grant (MDCGP)/State Court Administrative Office. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award. colsistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001. letter from the Michigan Supreme Court. State Court Administrative Office, providing that assurance #3 of that year's grant application shall not be construed as a mandate for future funding of the program from the funding unit, said ietter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County's obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon continuation of State funding. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote Page 1 Of 2 Nancy Falardeau From: Piir, Gala [piirg@oakgov.corn] Sent: Thursday, November 18, 2010 11:02 AM To: 'Crane, Patricia .; 'Falardeau, Nancy' Cc: 'Karen Agacinski'; 'Plotkowski, Andrea .; 'Sandy Johnson .; 'Terri Easterling' Subject: GRANT REVIEW SIGN OFF - 52/1 District Court - FY 2011 Sobriety Court - Grant Acceptance Please Note: The requested contract modifications have been made and are included in the attached revised agreement. This version of the agreement should be included in all Board of Commissioner packets. GRANT REVIEW SIGN OFF — 52/1 District Court GRANT NAME: FY 2011 Sobriety Court FUNDING AGENCY: State Court Administrative Office of Michigan DEPARTMENT CONTACT PERSON: Patricia Crane 248 -305 -6453 STATUS: Grant Acceptance DATE: November 18, 2010 Pursuant to Misc. Resolution #01320, please bc advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be place on the appropriate Board of Commissioners committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget; Approved. — Laurie Van Pelt (10/27/2010) Department of Human Resources: Approved. — Cathy Shallal (10/27 12010) Risk Management and Safety: Approved per FY2011 contract modifications made. — Andrea Plotkowski (11/17/200) Corporation Counsel: There appear to be no unresolved legal issues in this grant contract. — Karen Agacinski (11/5/2010) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of the specifically cited compliance related documents f'or this grant. 2004 PA 224 (Drug Court Legislation) hup://www.legislature.rni,g_a4c0qc2cm Oh e_g_-.aspx?pagg-BillStatus&ob.W.Aname-2004: SB-0 ,;98 2010 PA 167 (Drug Court Legislation) httpV_Avww.lqgislature.rogovi.(5i14taggS5blxv4c3iociemog45)),Lmileg,asp.).c?pag,e=getObject&obigaN ame= 2010-H B-5883 Drug Treatment Courts: Th4.,. Ten K2y Components 11/18/2010 If you have any furthts quculetts. pima eon= me- Sincerely, rC : Davin A. Mook DiSplity State Cann AartialStrator crEth-06-01 DI:15P mackenzio Pr.s44-41 )2147 Arce:VAQ CerrIA 243-Q5-747 , 02 .guruila - •-421:1 P42/12 J•-)11 Michigan Supreme Court state Ctrart Adroinistrative Othce 13ox .301142i Loribing, Michigui 48909 , • Mono 017) 373-a3a John D. Vol*, Slow Court ittlutfurs' uatur February 6. 2001 Honorable Brian. ManiCen2ie 524 Distrkt Court • 44330 GaAs! RiverAve. • Novi. MI 4&374-1= . Dear Judge MacKnnzie: Poi.went to our con.vcrsation di; 'Griming regarding the Kehigan Drug Court Grant PrOgram, I am providing lacuna:anti concerniug Assumuce #4 ntale appiitzaiort raarcrials. Thems=aricesincluded in the Michigan Drag Court Grant application materials are the same as tho =ma= required to apply for and accept foderal program funding for drug court program s• Asswancc #4 calls for the applicaut to provide assurance of a program's intent ter coatirsue fougiing whether that be from locql, other state or federal sources of funding, The Mgn Drug Court Orpnt Program ia stitc-apPro1;161120 Program fung 3041 utith fund dollars. The &tiding is intended to assist in developing and implementing env programs and providc 'limited support to centinoint prograrmi. It is, however, thc program': responsibility eventually seek entaiti.zi.11 =urges of funding- This should not tA =az-wool:1 as a ntandati. for 'nil= funding of a program from the funding OCT-21 -2010 THU 12:27 Pli , 44.+41' FM NO, F. 01 71. Michigan Supreme Court State Court Administrative Office lvlichiga Hatt of Justice P.O. Box 30045 Lansing, Mictigan 48909 Phone (51'7) 373-0125 Dawn A, Monk Deputy State Court Administrator September 9,2010 Honorable William E. Boll; Chief Judge 52nd District Court 520 W. 13ig Beaver Road Troy, fvfl 48084 Re: FY 2011 Michigan Drug Court Grant Program Award Noti6cation 52-1 Distict Court - DWI Drug Treatment Court Dear Chief Judge Bolle; I am pleased to inform you that your court has been awarded a grant in the amount of $5,000 from the Michigan Drug Court Grant Program_ (IvIDCGP) adruiEd5tered by the State Court Administrative Office (SCA0). However, the-gratt award is contingent upon the judiciary receiving gmal approval of its FY 2.011 budget, Your IvIDOUP contract will be sent to the project contact person identified on your grant application. The original signed contract, along with a revised budget based on your FY 2011 award., must be returned to SCA 0 by December 31, 2010. Please pay particular attention to the conditions of acceptance and reporting requirements that will be detailed in your grant contract. The award N for the grant period October 1,2010, through September 30, 2011. . . Should you have any questions, please contact Gary Savor at 517-373-4854, or by e-mail at secorg@cotirts.mi.gov. Sincprely, Dawn A. Mozik cc: Mr, Gary Secor, SCAO Trial Court Planning Specialist Ms. Deborah Green. Region I Administrator Ms. Joyce A.Reafrow, Court Administrator - Ms.. Patricia Crane, Ding Court Project Director/Drug Court Project Contact STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2011 GRANT CONTRACT 52-1 District Court — DWI/Drug Treatment Court Grantee 38-6004876 Federal ID Number SC,A0-2011-041 SCAO Contract Number $5,000 Grant Amount 2004 PA 224, effective January 1, 2005, authorizes the creation of drug treatment courts in circuit and district courts and the family division of circuit courts in Michigan. In addition. 2010 PA 167, effective September 23, 2010, provides funding for the Michigan Drug Court Grant Program (MDCGP) for FY 2011. This program is administered by the State Court Administrative Office (SCAO). The purpose of the MDCGP is to provide funding assistance to operational drag treatment courts and drug treatment courts in the planning stage. The grant agreement is designated as a subreeipient relationship. Funds from the MDCGP arc awarded based upon the Grantee's agreement to comply with 2004 PA 224, the policies and procedures set forth in the application assurances and administrative requirements for the program, and this contract, Mi L; hi gan Drug Court Grant Program — FY 2011 1. Contract This contract incorporates the Grantee's approved grant request and final approved budget. 2. Contract Administration The State Court Administrator or his agent shall have full authority to act for the grantor in the administration of this contract consistent with the following provisions. 3. Term of Contract This contract shall be effective upon the signature of the State Court Administrator or Deputy State Court Administrator, and the signature of the Grantee's authorizing official and chief judge. The contract shall commence October 1.2010, and shall terminate on September 30, 2011, unless terminated earlier according to provisions in section 20. Funding under this contract does not guarantee future funding from the MDCGR 4. Contract Funding Upon approval of the Grantee's application and signing of this contract, SCAO agrees to provide funding from the MDCGP in an amount not to exceed the amount of the grant contract. In no event does this contract create a charge against any other funds of SCAO or the Michigan Supreme Court. 5. Conduct of the Project A. The Grantee shall abide by all terms and conditions required by the application assurances, budget requirements, and the Grantee's approved program outline and budget. The Grantee must obtain prior approval from SCAO before any program changes or budget adjustments exceeding ichigar Drug Court Gram Program — FY 2011 ,000 are implemented during the grant period. B. The Grantee shall operate its drug court project in accordance with the Ten Kq Components of drug courts as outlined in the application assurances. C. The Grantee shall comply with all applicable federal, state, and local laws, rules, and regulations. D. The Grantee agrees that funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction, or proselytizatiOn. If the Grantee refers participants to, or provides, a non-federally funded program or service that incorporates such religious activities: (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, the Grantee agrees to identify and refer participants who object to the inherently religious activities of such program or service to a comparable secular alternative program or service. 6. Assignments and Subcontracts All provisions and requirements of this contract shall apply to any subcontracts or agreements the Grantee may enter into in furtherancc of its obligations under this contract. The Grantee shall provide copies of all subcontracts for services funded in whole or in part by this grant to the SCAO. M:chigan Drw, C(r.ui Grant Program — FY 2011 3 7. Huniale Sub./errs The Grantee must submit all research involving human subjects conducted in programs sponsored by SCAO, or in programs that receive funding from or through the state of Michigan, to the Michigan Department of Conummity Health's (MDCH) Institutional Review Board (MB) for approval prior to the initiation of the research. 8. Confidentiality Both SCAO and the Grantee shall assure that medical services to, and information contained in medical records of., persons served under this contract, or other such recorded information required to be held confidential by federal or state law, rule, or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication. It also shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular- individuals. 9. Health insurance Portability and Accountability Act and 42 CFR Part 2 If and to the extent that this act and these regulations are pertinent to the services that the Grantee provides under this contract, the Grantee assures that it is in compliance with the Health Insurance Portability and Accountability Act (1-1IPAA) and 42 CFR Part 2 requirements including the following: ,fi C1ijai Dra Court Grant Pram — FY 201 A. The Grantee must not share any protected health or other protected data and information provided by SCAO or any other source that falls within HIPAA and/or 42 CFR Part 2 requirements, except to a subcontractor as appropriate under this contract. B. The Grantee must require that the subcontractor not share any protected health or other protected data and information from SCAO or any other source that falls under HIPAA and/or 42 CFR Part 2 requirements in the terms and conditions of the subcontract. C. The Grantee must use the protected data and information only for the purposes of this contract. D. The Grantee must have written policies and procedures addressing the use of protected data and information that falls under the IIIPAA and/or 42 CFR Part 2 requirements. The policies and procedures must meet all applicable federal and state requirements including IIIPAA and 42 CFR Part 2 regulations. These policies and procedures must include restricting access to the protected data and information by the Grantee's employees. E. The Grantee must have a policy and procedure to report to SCAO unauthorized use or disclosure of protected data and information that falls under the HIPAA and/or 42 CFR Part 2 requirements of which the Grantee becomes aware, F. Failure to comply with any of these contractual requirements may result in the termination of this contract in accordance with section 20. Michigan Drug Co;:rt GrarA Program — FY 2011 G. To the extent that HIPAA and/or 42 CFR Part 2 requirements may apply, the Grantee acknowledges that it may be liable for any claim, loss, or damage relating to its unauthorized use or disclosure of protected data and information received by the Grantee from SCAO or any other source. 10. Independent Contractor Status A. Both parties to this contract will be acting in an independent capacity and not as an agent, employee, partner, joint venturer, or associate of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose. B. The Grantee understands and agrees that all persons furnishing services pursuant to this contract are, for purposes of workers" Compensation liability or other actions of employee-related liability, not employees of SCAO or the Michigan Supreme Court. The Grantee bears the sole responsibility and liability for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with services performed pursuant to this contract. 11. Liability All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Grantee in the performance of this contract shall be the responsibility of the Grantee, and not the responsibility of the State Court Administrative Office provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the Grantee or its employees by statute or court decision. Michigan Drug Court Grant FY 221 All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the SCAO in the performance of this contract shall be the responsibility of the SCAO, and not the responsibility of the Grantee, provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the SCAO or its employees by statute or court decision. 12. Debarment and Suspension The Grantee may not contract with or make any award of the SCAO drug court grant funds at any time to any party that has been debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension.- 13. Acquisition, Accounting, Recordkeeping, and Inspection A. The Grantee agrees that all expenditures from this contract, including the acquisition of personnel services, contractual services, and supplies, shall be in accordance with: (1) the standard procedures of the Grantee's unit of government, and (2) the administrative and budget requirements of the MDC GP. B. The Grantee agrees to maintain accounting records following generally accepted accounting principles for the expenditure of funds for the purposes identified in the approved grant request, final approved budget, and any applicable approved contract addendum anclior budget amendment. C. The Grantee agrees that the Michigan Supreme Court, State Court Drug CoGrt Gran:: Program —17? 201 Administrative Office, the local government audit division of the Michigan Department of Treasury. the State Auditor General, or any of their duly authorized representatives, including program evaluators and auditors, shall have access to and the right to examine, audit excerpt, copy, or transcribe any pertinent transaction, books, accounts, data, time cards, or other records related to this contract. The Grantee shall retain all books and records. including all pertinent cost reports, accounting and financial records, or other documents related to this contract, for five years after final payment. at the Grantee's oust. Federal and/or state auditors, and any persons duly authorized by SCAO, shall have full access to and the right to examine and audit any of the materials during the term of this contract and for five years after final payment. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is complete. SCAO shall provide audit findings and recommendations to the Grantee. SCAO may adjust future or final payments if the findings of the audit indicate over- or under-payment to the Grantee for the period audited, subject to the availability of funds for such purposes. If an audit discloses an overpayment to the Grantee, the Grantee shall immediately refund all amounts that may be due SCAO. Failure of the Grantee to comply with the requirements of this section shall constitute a material breach of this contract upon which the State Court Administrative Office may cancel, terminate, or suspend this contract. MK:taa,:m Drag Coa -t Gran( Program — FY 2011 D. The Grantee's accounting system must maintain a separate fund or account that segregates MDCGP contract receipts and expenditures from other receipts and expenditures of the Grantee. 14. Accountability for Michigan Drug Court Grant Program Funds The Grantee agrees that it will not expend funds obtained under this contract for any purpose other than those authorized in the administrative requirements specified in the application and revised approved budget for the Michigan Drug Court Grant Program, and will expend grant funds only during the period covered by this contract unless prior written approval is received from SCAO. 15. Program Review and Monitoring The Grantee shall give SCAO and any of its authorized agents access to the drug court at any reasonable time to evaluate, audit. inspect, observe, and monitor the operation of the program. The inspection methods that may be used include, but are not limited to onsite visits; interviews of staff and drug court participants; and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. 16. Reports The Grantee agrees to provide reports as identified in the application assurances and administrative requirements for the Michigan Drug Court Grant Program to SCAO as follows: A. Financial Reports: Financial quarterly reports will be due by January 20, April 20, July 20, and October 10. The financial report form template can be located on the Specialty Courts website at http:i:eourts.michigan.goviscaolservices/SpecialtyCourts/FormsReportsli MichEnn plui2, Court Grant- Program — FY 2011 111. Please refer to Attachment A for allowable and disallowable expenses pertaining to your MDCGP grant. B. Progress Reports: Progress reports are due semi-annually. The reports will be due on April 30 and October 30. The progress reports will list the drug court program's goals and objectives, detail the status of accomplishments for each goal and objective, discuss any changes in the program's goals and objectives as set forth in the application for grant funding. and describe program activities during the reporting period. The final report must provide a summary of progress toward achieving the goals and objectives of the award. significant results, and any products developed under the award. C. DCCMIS Data Reports: Recipients of the MDCGP operational funding are required to submit quarterly to SCAO a Drug Court Case Management Information System (DCCIvIIS) Data Validation and DCCMIS Data Exception Report: 1. Data Validation Report: The number of admissions, discharges, and open cases for the quarter. 2. Data Exception Report: SCAO will provide to each court a list of cases in which data is either missing or appears to be incorrect. The court must review each case and correct the entry or advise SCAO of the reason(s) for the missing data or why the data submitted appears incorrect. Michigan Drug CJUi. G-rarit Program — FY 2011 10 These reports will be due February 15, May 15. August 15, and November 15. Should a Grantee awarded funds for planning purposes become operational during the contract period, the Grantee will be responsible for submitting the appropriate Data Validation and Data Exception Report for the quarter immediately following program implementation and for all subsequent quarters as required above for courts receiving operational funding. Additionally. Grantees awarded MDCGP operational funding are required to submit an annual DCCMIS User Audit Report. This report will be due January 29. D. Reporting Compliance: The Grantee is responsible for the timely submission of each required report as outlined in sections A, B, and C above. If any report is thirty days past the due date, a delinquency notice will be sent out via e-mail notifying courts that they have fifteen days to compty with the reporting requirement. Forty-five days past the due date, a forfeiture notice will be sent out to courts via the U.S. Postal Service notifying them that their funding award has been rescinded due to contract noncompliance. E. grant Funding Reallocation: SCAO retains the right to reallocate grant funding if ongoing progress is not being made toward achieving the program's goals and objectives and/or in the implementation of the drug court grant project as defined in the approved grant request Reimbursement for grant costs and/or future funding may be withheld or denied if any of the required reports in this section are received forty-five MichiQan Drug Ccrirt Grant Progarn — FY 2011 11 days past their due date. 17. Reimbursement A. Reimbursement from SCAO is based on the understanding that SCAO funds will be paid up to the total SCA° allocation as agreed to in the approved budget. B. The Grantee should sign up through the online vendor registration process to receive all state of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits. Registration information is available through the Department of Management and Budget's website at: http:Pwww.cpexpress.statelni.us. 18. Budget Modification Adjustments in expenditures up to $1,000 within line item categories in the approved budget and transfers up to $1.000 between line item categories in the approved budget may be made without the prior written approval of SCAO. Requests for adjustments in expenditures within line items and between line item categories exceeding $1,000 must be made using a Contract Adjustment Request form which can be obtained from SCAO, 19. Funding .11old or Termination SCAO may place a finding hold on contracted amounts not yet disbursed, or terminate this contract if it concludes that the Grantee is not in compliance with the conditions and provisions of this contract, the application assurances and administrative requirements, or the budget requirements of the MDCGP. SCA° may extend an opportunity for the Grantee to demonstrate compliance. Notification of a funding hold or termination will be in writing. Mk hi pan Drift. Court G -ant Pre+Erarn — FY 7.911 20. Contract Termination SCAO may cancel this contract without further liability or penalty to SCAO for any of the following reasons: A. This contract may be terminated by either party by giving thirty days written notice to the other party stating the reasons for termination and the effective date. B. This contract may be terminated on thirty days prior written notice upon the failure of either party to carry out the terms and conditions of this contract, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty day period. C. This contract may be terminated immediately if the Grantee or an official of the Grantee is convicted of any activity referenced in section 12 of this contract during the term of this contract or any extension thereof. D. This contract may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCAO. 21. Conflict of Interest The Grantee and SCAO are subject to the provisions of 1968 PA 317, as amended, MCI, 15.321 et seq., MSA 4.1700(51) et seq., ancl 1973 PA 196, as amended. MCL 15.341 et seq., MSA 4.1700 (71) et seq. 22. State of Michigan Contract This is a state of Michigan contract and is governed by the laws of Michigan. Michigan Drug Court Grant PrcTrarri — FY 2011 13 Any litigation arising as a result of this contract shall be resolved in courts of the state of Michigan. Authorized By: State Court Administrative Office Acceptance by Grantee: Authorizing Official (Signature and Title) Date Authorizing Official (please print name and title) Chief Judge (Signature) Date Chief Judge (please print name) Date Mk:hi:wit Drug Court Grant Program — FY 2011 14 ATTACHMENT A Michigan Supreme Court - State Court Administrative Office FY 2010 Michigan Drug Court Grant Program Allowable Expenses (MDCGP Amended) A — Personnel & Fringe Benefits: Allowable if documented with payroll reports or general ledger for the period. B - Contractual: Consultant fees must conform to federal guidelines and cannot exceed $450 per day. Invoices provided for documentation must include description of service, unit cost, number of units, and dates of service. Allowable contractual expenses include: • Treatment services • Drug testing • Initial assessment exams * Case management/monitoring • Contractual employees Disallowable contractual expenses include: • Attorney fees for indigent defense or prosecution • follow-up/ongoing medical services • Fees for evaluation services C — Supplies/Operating,: Must be documented with copies of invoices or receipts. Allowable supply/operating expenses include: • Drug testing - Drug testing supplies • MADCP Annual Conference Registration Fee (up to 3 .) • Participant incentives. (Not to exceed $25.00) • Transportation expenses for participants (e.g., bus passes). • Registration fees only for the 2010 MADCP conference (up to three participants). • Graduation awards/gifts (Not to exceed $50.00) Disallowable supply/operating expenses include: • Drug testing confirmations. • Office supplies and equipment (computers, copiers, printers, iiimiture, paper, pens, folders, binders, ink cartridges, etc.). • Software (new software, maintenance fees, etc.). • Indirect and administrative fees. • Gasoline expenses, • Construction or renovation. • Meals and refreshments (except for certain approved ceremonies such as graduation). • Lodging, mileage, and parking costs for the 2010 MADCT conference, o In-state and oat-of-state training. • Memberships Ktchigan Driw: Court 0:aut Program -- FY 20! 1 Fines and Penalties (Court Fees, Drivers License Fees, etc) D — Travel: Only travel for the purposes of transporting drug court participants to services, or conducting a home visit, are allowable travel expenses, and must be documented with copies of Travel Vouchers/Expense Reports. All travel must adhere to the most recent approved Michigan Supreme Court Standardized Travel Rates for the Judicial Branch. E — Miscellaneous: Lobbying, honorariums, unreasonable costs, and costs not directly related to the operations of the drug court are not allowable. Michi2au DruL, Court Gran: Program — FY 2011 Patricia Crane 10/07/2010_, Person Completing Budget (Signature) Date ((CA` tif( SCAO Pin.ance: Approved By (Signature) Date Print Name Contact Number SCAO Finance: Print Name Contact Number BUDGET SUMMARY BASED ON ACTUAL AWARD Court Name: 52 -1 District Court-First Division Contract Year: FY 2011 fiticlilt Summary G D I. I, 1 MDCGP Award SCAO/Byrne SCAO/OHSP Other Grant or Contrihutions .___,I Budget Category SCAO JAG Award Award Funding Sources Total COSt (Specify) Cash In-Kind A Person1101 $ $ $49,273 $49,273 ii Fringe Benefits $ $28,317 $28,317 ' Contractual 5 $ $ $ $ D Supplies/Operating $4,250 $ $ $ $ $4,250 , Travel $7S0 $ $ $ 5 $750 _ Total Project Cost $5,000 $ $ $77,590 $82,590 (by Funding Source Summary of Drug Court Funding G MIX:GP Award SCAO $5,000 , it 1 Byrne Award [ 1 or 011SP Award l ] I. Other Grant or Funding Sources (Identify, e. g.. Child Care Fund, BJA Discretionary Grant, etc.) ..._...1 .. . _ I Loral Coritributions E CAI $ ..._ 2. lo-kind $77,590 _ $ , Total All Funding Sources 1 $82,590 BUDGET NARRATIVE The budget narrative should justify all costs associated with the proposed project. Use additional pages as needed. A. Personnel: B. Fringe Benefits: C. Contractual: B. Supplies and Operating: Sobriety Court requires all participants to Install Ignition Interlock for the full 18 months of the program. This grant fund item is used as a reward and as a tool to help participants who are employed but in the lower income levels. Given the pending legislation, The Sobriety Court Interlock Project, scheduled to begin in 2011, the demand for Interlock Ignition as a reward will increase. The monthly equipment rate costs each participant $75 per month. The cost of installation is an additional $75. $75 x 50 = $3750 Sobriety Court utilizes the IN-110M device from SMART START. IN-HOM is an alcohol breath tester for the home. It is an alternative to participants who cannot test at the traditional test sites. Participants can plug in the device at home; a home phone Is not required. Participants can test at intervals whether they have driving privileges or not. The cost of IN-HOM is $2.50 a day. $2.50 x 200 days = $500 E. Travel: The Court Is requesting funding for three individuals to attend the 2011 MADCP conference. The cost projection Is based on the cost of the conference fee in 2010. $250 x 3 $750. BUDGET DETAIL WORKSHEET A. Personnel MDCGP Con tribal ions SCAO/Byrne SC/10/011SP other Grant Computation Tiotai JAG Award Award or Funding — Name/Position Award (flours/Rate) Cash in-Kind SCAO , 1 Litiryn Ferro $189.12 $49,273 $49,273 intensive Probation b1-weehly Officer (SohriLly Court) ....__ ... . ...._._ . . .... _ _ . $ . $ _ ....._ . .. $ $ . ,_. $ $ $ $ $ $ Personnel Total $ $49;273 $49;273 B. Fringe 13enefits ( F.,[rnIloyl..r FICA __„.. I nv..urance [ Composite Rate SS.Vhi Hutirenwnt 'Yu Ontunploymonr insurance °ID [I Hospital ins-urance I I Workers' Compimsation _IY47 [ Other [ Dental insurani e Lie ansurance SCAO/ Contributions MDCGP SCAO/Byrne Other Grant _. _ ___. ..__.•_ __ ___. OHSP .ward or Funding Award JAG Award . Award Cash. in-Rind Total SCAO Fringe Benefit Total $ $ $ $ $28,317 $28,317 r1 a1 Personnel and Fringe Benefits $77,590 $77,590 - Contractual Itnit Cost of N1DC.GP SCAO/Byrne SCA0/0ESP Other Grant Contributions _.___________ Iliinie of Contractor Service & Award JAG Award Award Or Funding Total Caish V of Units SCAO In kind Contractor Servicos to be Provided Contractor S el vices to be Provided Contractor $ Services to be Provided Contractor ServicPs to be Provided Conti actor I s - Services to Je Provided Contractor . s . Services to be Provided Total Contractual D. Supplies/Operating Item Unit Cost of Item & 14 of Units MDCGP Award SCAO SCA 0/Byrne 1AG Award SCA WORM' Award Other Grant or Funding Contributions Total Cash in Kind $3,750 $500 $3,750 Ignition Interlock $75x50 $2.50 x 200 days IN-II OM Device (Smart Stall) $500 $ Total Supplies/Operating $4,250 $4,zs(I MDCGP Awaid SCAO SCAO/Byrne JAG Award SCAO/CiliSP Award Other Gram. or Fundi ng Co ntribut ions In Kind — Coliqatuation Cash Total Type f ruavcl Expense $7 50 $750 $750 $750 Total Travel $250 x 3 C. Travel (mileage for participant purposes and/or MADCP registration) Projected Cost Per Participant • e 4 Act No. 177 Public Acts of 2010 Approved by the Governor September 30, 2010 Filed with the Secretary of State September 30, 2010 EFFECTIVE DATE: September 30, 2011:1 STATE OF MICHIGAN 95TH LEGISLATURE REGULAR SESSION OF 2010 Introduced by Senators Switalski, Cherry and Bishop ENROLLED SENATE BILL No. 1354 AN ACT to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the ccurts; to provide for the powers and duties. of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts." by amending sections 1062 and 1068 (MCI 600,1062 and 600.1068, section 1062 as amended by 2006 PA 620 and section 1068 as added by 2004 PA 224. The People 6,,f the State of Michigan enact: Sec. 1062. (1) The circuit court in any judicial circuit- or the district court in any judicial district may adopt or institute a drag treatment court, pursuant to statute or court rules. However, if the drug treatment court will include in its program individuals who may be eligible for discharge and dismissal of an offense, delayed sentence, or deviation from the sentencing guidelines, the circuit or district court shall not adopt or institute the drug treatment court unless the circuit or district court enters into a memorandum of understanding with each participating prosecuting attorney in the circuit or district court district, a representative of the criminal defense bar, and a representative or representatives of community treatment providers. The memorandum of understanding also may include other parties considered necessary, such as any other prosecutor in the circuit or district court district, local law enforcement, the probaticn departments in that circuit or district, the local substance abuse coordinating agency for that circuit or district, a domestic violence service provider program that receives funding from the state domestic violence prevention and treatment boarrl, and community corrections agencies in that circuit or district. The memorandum of understanding shall describe the role of each party. (2) The family division of circuit court in any judicial circuit may adopt or institute a juvenile drug treatment court, pursuant to statute or court rules. However, if the drug treatment court will include in its program individuals who may be eligible for discharge or dismissal of an offense, or a delayed sentence, the family division of circuit court shall not adopt or institute a juvenile drag treatment court unless the family division of circuit court enters into a memorandum of understanding with each participating county prosecuting attorney in the circuit or district court district, a representative of the criminal defense bar specializing in juvenile law, and a representative or representatives of community treatment providers. The memorandum of understanding aisc may include other parties considered necessary, such as any other prosecutor in the circuit or district court district, local law enforcement, the probation departments in that circuit, the local substance abuse coordinating agency for that circuit, a domestic violence service provider program that receives fnmting from the state domestic violence prevention and treatment board, and community corrections agencies in that circuit. The memorandum of understanding shall describe the ro:e of each party A juenile drug treatment court is subject to the same procedures and requirements provided in this chapter for drug treatment courts created under subsection (0, except as specifically provided otherwise in this chapter. (3) A court that is adoptirg, a drug treatment court shall participate in training as required by the state court administrative office and the bureau of justice assistance of the United States department of justice. (78) 4S 4 • (4) A court that has adopted a drug treatment court pursuant to this section may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a drug treatment court in the jurisdiction where the participant is charged. The transfer is not valid unless it is agreed to by all of the following: (a) The defendant or respondent. (b) The attorney representing the defendant or respondent, (c) The judge of the transferring court and the prosecutor of the case. (d) The judge of the reedy:111g drug treatment court and the prosecutor of a court funding unit of the drug treatment court. Sec. 10438, (1) If the individual being considered for admission to a drug treatment court is charged in a criminal case or, in the case of a juvenile, is alleged to have engaged in activity that would constitute a criminal act if committed by an adult, his or her admission is subject to all of the following conditions: (a) The offense or offenses allegedly committed by the individual must be related to the abuse, illegal use, or possession of a controlled substance or alcohol. (b) The individual, if an adult, must plead guilty to the charge or charges on the record. The individual, if a juvenile, must admit responsibility for the violation or violations that he or she is accused of having committed. (e) The individual must waive, in writing, the right to a speedy trial, the right to representation at drug treatment court review hearings by an attorney, and, with the agreement of the prosecutor, the right to a preliminary examination. (d) The individual must sign a written agreement to participate in the drug treatment court. (2) In the case of an individual who will be eligible for discharge and dismissal Qf an offense, delayed sentence, or deviation from the sentencing guidelines, the prosecutor must approve of the admission of the individual into the drug treatment court in conformity with the memorandum of understanding under section 102. (3) An individual shall not be admitted to, or remain in a drug treatment court pursuant to an agreement that would permit a discharge or dismissal of a traffic offense upon successful completion of the drug treatment court program. (4) In addition to rights accorded a victim under the William Van Regerimorter crime victim's rights wit, 15 PA 87, MCL 780.751 to 780.834, the drug treatment court must permit any victim of the offense or offenses of which the individual is charged. any victim (Asa prior offense of which that individual was convicted, and members of the community in which either the offenses were committed or in which the defendant resides to submit a written statement to the court regarding the advisability of admitting the individual into the drug treatment court.. (5) An individual who has waived his or her right to a preliminary examination and has pled guilty or. in the case of a juvenile, has admitted responsibility, as part of his or her application to a drug treatment court and who is not admitted to a drug treatment court, shall be permitted to withdraw his or her plea and is entitled to a preliminary examination or, in the case of a juvenile, shall be permitted to withdraw his or her admission of responsibility. This act is ordered to take immediate effect. edge.k.tr-t9 Ak FUJI— Secretary of the Senate V Clerk of the House of Representatives Approved Governor .1.0 " FISCAL NOTE (MISC. 410337) December 9, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: 52-1 DISTRICT COURT — FY 2011 SOBRIETY COURT (SCAO) - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52nd District Court, Division I (Novi) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $5,000 for the period of October 1, 2010, through September 30. 2011. 2. The total program budget is for $82,590 which includes an award from SCAO of $5,000 with $77,590 in General Fund in-kind support and no required County cash match. 3. The General Fund in-kind support is currently budgeted in the 52-1 District Court revenue budget under Assessment Fees (630105) and funds one (1) General Fund/General Purpose, full-time eligible Probation Officer I position (3020205-10508). 4. This is the tenth year that the 52-1 Novi Drug Court has been awarded grant funding from SCAO. 5. The award of $5,000 continues funding for the Ignition Interlock service of $4,250. and travel of $750. 6. A FY 2011 budget amendment is recommended to reflect the new SCAO grant awards as follows: 52-1 Sobriety Court (SCAO) Fund #27150 Project 11GRC000000239 Activity A Analysis Type GLB Expenditures 3020201-121050-731458 Professional Srvs 3020201-121050-732018 Travel & Conference FY 2011 FY 2011 FY 2011 Adopted Budget Amended Budget Amendment Budget $4,475 $(225) $4,250 525 225 750 $5.000 a_(O,)__ $5,000 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. 2_/ Afilo Resolution #10337 December 9, 2010 Moved by Runestad supported by Zack the resolution (with fiscal note attached) be adopted. AYES: Gershenson, Gingell, Greimel, Hatcheff, Jackson. Jacobsen, Long, McGillvray, Middleton, Nash, Potts, Runestad, Schwartz, Scott. Taub, Woodward, Zack, Bullard, Coleman, Coulter, Douglas. (21) NAYS: (0) A sufficient majority having voted in favor, the reso'ution (with fiscal note attached) was adopted. I IRBY APPROVE,JIE FOWING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) Ruth Johnson. Clerk of the County of Oakland. do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 9, 2010, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 9 of December, 2010. eat Ruth Johnson, County Clerk