HomeMy WebLinkAboutResolutions - 1983.07.14 - 11544July 1.4th, :1983
REPORT
BY: Personnel Committee - John J. McDonald, Chairperson
TN RP; Resolution #83171, Creation of Two Probation Officer
and One Typist 1 - District Court Probation
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairper s on, Ladies and Gentlemen:
The Personnel Committee, having reviewed. Resolution. 4831
reports with the recommendation that this resolution he adopted.
MR. CHAIRPERSON, on behalf of the Personnel Committee,
move the acceptance of the foregoing report.
PERSONNEL COMMITTE
Miscellaneous Resolution 83171 June 23, 1983
BY: PUBLIC SERVICES COMMITTEE - James E. Lanni, Chairperson
IN RE: CREATION OF TWO (2) PROBATION OFFICER I, AND ONE (1) TYPIST I -
DISTRICT COURT PROBATION POSITIONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the District Court Probation Division has experienced a
120% increase in monthly case referrals and a 14% increase in probation reports
since January 1, 1983; and
WHEREAS District Court Probation is unable to absorb additional cases
and related workload without increasing staff assigned to these functions; and
WHEREAS the Michigan Drunk Driving Reform Legislation (Public Act 309),
effective April 1, 1983, requires that convicted drunk driving and drug related
offenders be given a presentence screening and assessment before sentencing,
adding substantially to case referrals and Court ordered probation assessments; and
WHEREAS Public Act 309 requires offenders to reimburse the assessment
agency for the cost of screening, assessment and rehabilitation; and
WHEREAS it is estimated that P.A. 309 will add between 1,700 and 2,000
screening and assessments to current workload over the next 12 months; and
WHEREAS projected presentence, screening and supervision revenues of
$197,000 will exceed this position request of $80,000 including salaries, fringe
benefits and operating expenses; and
WHEREAS the additional staffing needed to maintain current level and
quality of work, based on the increases and projections noted above, includes
one (1) Probation Officer Supervisor, three (3) Probation Officers I and two (2)
Typist I; and
WHEREAS the current request is for one-half the projected needs or the
number required to meet actual workload increases since January 1, 1983;
NOW THEREFORE BE IT RESOLVED that two (2) Probation Officer I and one (1)
Typist I positions be created in the 52nd District Court Probation Division of
Central Services.
BE IT FURTHER RESOLVED that District Court Probation shall file a quar-
terly report with the Personnel and Public Services Committees identifying
caseload and revenue experience; and
-2-
BE IT FURTHER RESOLVED should workloads show significant reductions
and/or if revenues should fall substantially below the cost to maintain these
positions, the Personnel Committee shall determine if staffing reductions are
necessary.
Mr. Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
March 132
April 235
Oct. 137
Sept. 135
126 1983 Completed R = 1982 Completed
monthly monthly
% Change =
The percentage increases used in the attached resolution (120% increase in cases
and 14% increase in reports completed) were figured as follows:
CASES -'SUPERVISION
1983 Referred Total
Jan. 112 728
Feb. 124 792
Mar. 151 904
Apr. 103 948
1982 Referred Total
Dec. 22 664
Nov. 61 710
Oct. 48 684
Sept. 92 714
1983 Referred
% Change =
1982 Referred R !55.75
non 1.y
PRCBATION RETCGTS
1983 Completed 1982 Completed
Jan. 109 Dec. 129
Feb. 99 Nov. 103
° Form 104 B Budget Year - 1983
_POSITION REQUEST INFORMATION
Requesting Department should complete the following information for each position(s)
or group of positions indicated on Form 104 A. This information will be used in develop-
ing a recommendation, so complete each section in detail. Any questions should be
directed to the Personnel Technician handling your budget.
ri New Program r--1 Current Program Expansion El Current Program!
Increased Workload
Summary of Proposed Program Change: ° This is a request for 3 Probation Officer I,
1 Probation Officer Supervisor, and 2 Typist I positions to handle the increase in
work to the 52nd District Court Probation Department as a result of the Michigan Drunk
Driving Reform Legislation (P.A. 309) and to provide some relief to currently
unrealistic clerical, probation officer staff and administrative workloads.
If New Program or Current Program Expansion, will granting of position(s) involve
the creation of new units or divisions?
r--1 Yes n No
If yes, please attach copy of organizational chart, indicating changes.
N/A
. Are services to be performed mandated by Federal, State or Board of
Commissioners action: If so, explain. (See #1 next page) P.A. 309 effective
March 30, 1983 will result in significant increases in presentence investigations,
and case supervision orders. .
. Are services to be performed mandated for reasons other than Federal, State
or local action or are they discretionary? Explain.
N/A • . -
. Benefits to the County (non-financial) if granted/describe in detail.
See #2.
. Revenue or other financial benefits to the County, if any; if position(s)
are granted.
See #3.
. Is the position(s) requested directly or indirectly involved in delivery of
services to the public? Please explain.
See #4.
. Is the function essential to the direct delivery of services to the public?
Explain.
• See #5.
Is another County, State, Federal or other agency currently providing this
. service? If yes, explain.
No.
. Has another agency ever provided this service? If yes, explain:
No.
. Is the same or similar work currently being performed in your department?
If yes, where and by how many of what classifications and for how long has
it been performed?
See #6.
If granted, and if the work was already being performed in the department,
how will the workload be redistributed?
See #7.
would benefit he County of Oakland d its dru or
Summary of Proposed Program Change
This is a departmental request for 3 Probation Officer I, 2 Typist I and one (I)
Probation Officer Supervisor positions to handle significant increases in pre-
sentence investigations and case supervision as ordered by the 52nd District Courts
(I, II and III) and as required by law (P.A. 309 of 1982 and Michigan House Bill
No. 2763, Sec. 8314). A copy of P.A. 309 is at Appendix A. The pertinent sec-
tions of this Act are 525b(5) and 625b(6). The effective date of P.A. 309 was
-March 30, 1983.
#1 - Yes. These services are mandated by Court Order, Public Acts 309 of 1982
and the Board of Commissioners by Miscellaneous Resolution #9398 which established
the classification of Chief of District Court Probation and Community Services Pro-
gram. One primary responsibility of the Chief of District Court Probation and
Community Services Progams is to operate and expand the Court Community Service
Program which offers alternatives to incarceration for various defendants being
sentenced in District and Circuit Courts.
PUBLIC ACT 309: On October 14, 1982, the Governor signed into law Enrolled
Senate Bills 702, 776 and 777 (Public Acts 309, 310 and 311 of the Public Acts
of 1982, respectively), amending the Michigan Vehicle Code and the Code of Crimi-
nal Procedure. The acts make a number of Changes in the state's law-relating to
operating a vehicle while under the influence of and while visibly impaired by
alcohol or a controlled substance (drugs and/or alcohol). In addition to fine and
incarceration, an O.U.I.L., per se, or 0.W.I, offender will be subject by law (P.A.
309) to the following.
A. Rehabilitation --Before a sentencing Court (District and Circuit) can
sentence O.U.I.L6 per se, and 0.W.I, offenders, the law mandates that
a presentence screening and assessment for all such offenders be con-
ducted to determine if they could benefit from participation in a
substance abuse, education or treatment program. The Court may order
the offender to probation and require that the offender attend one or
more appropriate rehabilitative programs. Ninety-five percent of the
. impact of this law will be felt by the District Courts. The law states
that, "The person (offender) shall pay for the 'costs of the presentence
screening, assessment, and rehabilitative services."
B. Community Service - The Court may sentence the offender to perform up
to 12 days of unpaid community service and/or impose a period of incar-
ceration as prescribed by law. The law states that, "The person (offender)
shall reimburse the state or appropriate local unit of government for the
cost of insurance incurred by the state or local unit of government as a
result of the person's actiVities under this subsection."
#2 - The Jail Study Subcommittee has recommended the expansion of all viable alterna-
tives to the placement of offenders in the overcrowded County Jail. Because the
52nd District Court Judges have been and continue to be supportive of the Pro-
bation Program, this alternative sentencing procedure provides to the Courts
a sentencing option other than fines and/or jail. In addition, the offender
is required to pay for a substantial portion of the cost of having a Probation .
Program. It is recognized that an effective Probation Program can help to make
the local communities a safer place to live, while providing needed corrective
services to offenders throughout the County.
Public Act 309 requires a mandatory presentence screening and assessment of all sub-
stance abuse driving related offenses to facilitate the rehabilitation of offenders
and prevent recidivism of drunk driving. The Court and probation can be an inter-
vening force in the lives of persons needing substance abuse treatment. Most
problem drinkers and alcoholics will not seek rehabilitative services on their own,
but must be required to do so. Characteristically, individuals who abuse alcohol
and/or drugs deny the presence of problems as a result of their indulgence. Frequently,
change only occurs when the individual is confronted by authority (Court and Probation
Officer) and re uired to attend treatment. An accurate presentence assessment and
evaluation will determine the degree of the substance abuse problem and the type of
rehabilitation and treatment services required so this information can be considered
during sentencing. National and state research has demonstrated that recidivism
offenders can effectively be reduced through intensive Court supervision and the
enforcement of appropriate short and long-term rehabilitation.
Michigan data suggest a stateside cost of $250 to $500 million lost in reduced
productivity, welfare and insurance payments, and the use of police and emergency
medical services. The reduction of the human and economic costs of trazedies caused
by the abuse of alcohol and
c safetY, reduced loss OT-Tife citizens in many obvious ways; e.g., increased pu
7761.7h----Ticidents and the rhysical complication o - 'substance a use, re uced
SCREENING AND
ASSESSMENT
ORDERED $88,850
N3 - Financial Benefits to the County:
A. The Probation Program provides the Courts an alternative to the tra-
ditionally used jail sentence and saves the County the expense of
confinement.
B. Each offender placed on a Probation Order is required to reimburse the
County at the rate of $20 per month probationary service fee to help
offset the cost of a Probation Program.
C. As provided by Public Act 309, all offenders directed to the Probation
Department by the Courts for presentence screening and assessment would
be required to pay the costs of this service.
According to 52nd District Court (1, II and III) and probation records,
the following number of O.U.I.L. and O.W.I. convictions were taken in
• 1982:
52/1 Walled Lake 840
52/2 Clarkston 265
52/3 Rochester 672
TOTAL CONVICTIONS 1,777*
Using a screening and assessment fee of $50 X the expected number of re-
quired presentence screening and assessments in compliance with P.A. 309
should approximate the revenue expected as follows:.
Expected number of
annual presentences
under P.A.s 309* 1,777
Assessment fee 50 •
D. Undoubtedly the new law will result in more individuals being ordered on
Probation. Using the conservative figure of 35% as the expected number
of the 1,700 presentence cases to be placed on probation, the following
is depicted.
1,700
35%
Expected increase in
cases under supervision 595
Based on the current probation service fees ordered ($20 per month), the
following should approximate the revenue expected:
Expected increase in
cases under supervision 595
Monthly oversight fees $ 20
Average number of months
under case supervision 12
SUPERVISION
ORDERED $142,800
-
Thus based on the above calculations, the total revenue collection ex-
pected would be as follows:
Screening & Assessment
Revenue Ordered $ 88,850
Supervision Revenue
Ordered 142,800
TOTAL REVENUE ORDERED $231,650
E. The 52nd District Court Probation Department has a record of collecting 85% of
the monies ordered. Hence, the expected revenue (85% of $231,650 =
$197,000) would exceed the cost of the present budget request
($150,000) by $47,000.
#4 - The positions requested would provide direct services to the public,
offenders, judges, police, victims and county officials.
g5 - Absolutely. .These services are mandated by law. However, this department
is operating at over maximum manpower limits now as a result ef a steady
increase in workloads over the last three years (see attached growth chart).
Currently the department has only three (3) probation officers for the Pro-
bation Program. Case supervision/investigation workload was as follows for -
the month of March, 19.83e
Investi-
gation Workload ,
Probation Cases Reports Units
D. Bukari * 266 24 297 (Employee 7 months
pregnant)
P. Crane 267 39 314
D. McAleer* 259 37 300
TOTALS 792 100 911 _
*Average monthly workload units per officer = 304
A high number of workload units to expect one Probation Officer to perform
with acceptable adequacy each month is 150. The above three Probation Officers
were required to perform an average of 290 workload units for the months of
January, February and March 1983. Because the continuously increasing and
unrealistically present high workload had outstripped their ability to ade-
quately perform the mandated functions expected of Probation Officers,
three (3) three-hundred and sixty hour emergency salaried Probation Officer I
positions were approved March 30, 1983. These emergency salaried positions
will be defunct as of May 31, 1983.
The number of Probation Officers needed to bring present workload conditions
to an acceptable level is as follows:
Total monthly workload units 911
Officers required to reach 150 average
workload units per month under present
conditions (911 t 6 = 151) 6
Present number of officers 3
Additional officers required
(6 - 3 = 3) - 3
Failure to approve the staff requested in this budget will undoubtedly drasti-
cally hamper services to the public, police, judges, offenders, community
agencies, and the Jail Study Subcommittee's efforts to reduce jail overcrowding.
In addition, the Probation Department would not be in full compliance of judi-
cial directives and may fall in violation of the new Michigan Drunk Driving
Reform Law (P.A. 309). Should such inadequate services result from a failure
to adequately provide for Probation Officer staff, an increased use of jail
sentences is very likely, as well as a significant reduction in community
service placement agencies willing to participate with the County's Probation
Program.
116 - See 115 above.
#7 - According to probation records only 77 of the 676 presentence reports completed
during 1982 were O.U.I.L. (D.U.I.L.) or 0.W.I. (D.W.I.) related. Hence, a sig-
nificant increase of approximately 1,700 presentence screening and assessments
will be ordered during the year following April 1, 1983.
If the three Probation Officer I positions are granted, the current and anticipated
workload of the casework/investigative (Probation Officer) staff will be redistributed
as follows:
Present total monthly workload units
Expected increase in workload units as a result
of P.A. 309
Expected total monthly workload units with
P.A. 309
Redistribution of monthly workload units with
expected increases from P.A. 309 and 6 officers,
assuming an additional 3 (1,791 1 6 = 299 average
monthly workload units)
911
880
1,791
299
The addition of three Probation Officers is anticipated to only provide temporary
workload relief to the present Probation Officer staff. As shown above, even with
an additional three (3) Probation Officers, workload units per Probation Officer
will increase during the year to an average of 300 workload units per officer'.
Clerical Support Staff Requirements
The current ratio of typist/clerical support staff to investigator/casework staff
if one:two. Since it is difficult for the support staff to handle the clerical func -
tions given this present ratio, it is important that the ratio of support staff to in-
vestigative/casework staff be maintained. The addition of three Probation Officers
and one Supervisor, as requested in this budget, would require that a minimum of two
. (2) typists I's be added. -
Probation Officer Supervisor Requirement
The Probation Officer Supervisor position is requested to assist the Chief Probation
Officer with the over-burdening administrative duties of administering both the Pro-
- bation and Community Service Programs. This department services both the Circuit and
District Courts, currently involving over 1,400 cases monthly and an average of 231
,documents monthly that must be reviewed and approved prior to forwarding to the Courts;
e.g., bench warrants, show causes, presentence reports discharge reports, request for
transfers, and so forth. And there exist a host of other administrative, duties:
approving attendance, mileage, revenue vouchers, writing budget request, staffing
employee problems and casework problems, sitting on committees, and attending meetings,
training staff, holding staff meetings and so forth. Given the expected increase in
departmental activities as a result of P.A. 309, one supervisor position is absolutely
required. Given the impact that P.A. 309 is certain to have on the Courts and given
our present extended capacities, serious thought should be given to this request for
staff. If P.A. 309 increases the workload of the Probation Department to the extent
projected, then additional Probation Officers and Typists positions will be required
in addition to the request before you.
would be most happy to discuss this report anaiLgx,..;4a4,ce you visit this department.
DroirJohn P. J
ief Probation -Crlicer
cv/mm
cc: William Spinelli, Executive Officer - Operations
Jeffrey C. Pardee, Manager, Budget Division
Vincent C. Luzi, Assistant Director, Personnel
Cindy Bradley, Personnel
792 ' ---.(qarth 31, 1983) 72
506
46
3,185 -E. 114% increase
• I.,
80 81 82 83 80 81 82 83
PROBATION CASES PROBATION REPORTS ZEE YEAR GROWTH COMPARISON W/PROJECTION 3,200
1,500
1,400
1,300
1,200
1,100
1,000
900
800
700
600
500
400
300
200
100
0
Ay
qlva
4-1 A')
- Projected rate of growth during the period April 1 thru December 31, 1983.
REASON: JUNE 8, 1983
This request is for two (2) Probation Officer I and one (1) Typist f positions
to handle the increase in work to the 52nd District Court Probation Division as
a result of the Michigan Drunk Driving Reform Legislation (Public Act 309, effective
April 1, 1983), and to provide some relief to unrealistic clerical and Probation
Officer staff workloads. This increase in staff is essential as Public Act 309
requires a mandatory presentence screening and assessment of all substance abuse
(alcohol and drugs) driving related offenses to facilitate the rehabilitation of
offenders and prevent recidivism Public Act 305 requires that the offender shall
reimburse the assessment agency for the cost of screening assessment and rehabili-
tation. The annual total revenue collected by the Probation Division as authorized
by Public Act 309 projectively will exceed the present budget request.
Since January 1, 1983, the Probation Division has experienced a 1209 increase
in monthly case referrals and a 14% increase in probation reports. At present, there
are three (3) full-time Probation Officers who are supervising approximately 948
cases per year, and completing approximately 1,700 reports per year in addition to
related -duties. It is the contention of Dr. John P. Jones, District Court Probation
and Court Community Service Department, that the additional workload which will be
generated by the Public Act 309 necessitates the immediate addition of two (2)
Probation Officer I and one (1) Typist 1 positions since the additional mandatory
work cannot be absorbed by existing staff.
Therefore, it is the recommendation of the Probation Division that two (2)
Probation Officer I and one (1) Typist I positions be created in the 52nd District
Court Probation Unit. If Public Act 309 increases the workload of the Probation
Division to the extent anticipated, then additional Probation Officers, clerical
support and a Probation Officer Supervisor will be required in addition to the
request before you.
700
500
FISCAL NOTE
BY: FINANCE COMMITTEE, G. WILLIAM CADDELL, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #83171 - CREATION OF TWO (2) PROBATION OFFICER I,
AND ONE (1) TYPIST I - DISTRICT COURT PROBATION POSITIONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #83171 and finds that:
1) Creation of two (2) Probation Officer I and One (1) Typist I position be
effective July18, 1983,
2) Revenue generated by this program will amount to $59,806 for the remainder
of 1983 consistent with Schedule I,
3) Salary and operating costs generated by this program will amount to $48,597
for the remainder of 1983 consistent with Schedules II and III,
4) Creation of these positions is contingent upon review and approval of the
Personnel Committee,
5) The 1983 Budget be amended as follows:
Revenues
10100-133-20-00-2024 Assessment & Evaluation $30,090
-2414 Probation - P.A. 309 Fees 29,716
$59,806
Appropriations
10100-133-20-00-1001 Salaries $22,252
-2074 Fringe Benefits 8,200
-3574 Personal Mileage 825
-4909 Postage 450
-5998 Capital Outlay 12,024
-6640 Equipment Rental 105
-6641 Convenience Copier 1,041
-6670 Stationery Stock
-6672 Print Shop
-6750 Telephone Communications 2,500
Sub-Total $48,597
10100-990-02-00-9990 Contingency $11,209
TOTAL $59,806
6) Quarterly review of this program will be presented in reports to the Personnel
and Public Services Committee.
:FINANCE CWMTTTEE
708
$50
$35,400
Schedule
REVENUES
Annual
Screening and Assessment
Estimated if Presentence Reports 1,700
Assessment Fee 1) $50
Total Assessment Fees Ordered $85,000
Probation Service Fees
Estimated if of Cases 1,700
Ratio if Cases to if Supervised Cases 2) 357
Estimated if Cases supervised 595
Monthly Oversight Fee $20
Avg. if Months supervised 12
Total Probation Service Fees Ordered $142,800
Sub-Total Assessment/Service Fees
Ordered $227,800
District Court-Probation Collection
Rate 85%
TOTAL REVENUES $193,630
1983
(Aug. to Dec.)
708
35%
248
**
**
$34,960
$70,360
85%
$59,806
1) Assessment Fee per agreement between Probation & District Court Judges.
2) Percentages based upon District Court-Probation Unit data.
** Probation Service Fees 1983 (Aug.-Dec.)
No. Cases No. Months Monthly Probation
Month Under Supervision Under Supervision Oversight Fee Service Fees
August 50 5 $20 $ 5,000
September 100 4 $20 8,000
October 150 3 $20 9,000
November 200 2 $20 8,000
December 248 1 $20 4,960
$34.960
Prepared by:
Budget Division
June 28, 1983
$5,616
$2,070
1 $5,616
1 2,070
$30,452
Schedule II
EXPENDITURE SUMMARY
12.0 Pay Periods No.
Annual Salary Cost of Remainder of Total Cost for
26.0 Pay Periods of 1983 (7/18-12/31) Pos. Remainder of 1983
Probation Officer I
Salary $18,023 $8,318 2 $16,636
Fringe Benefits $ 6,641 $3,065 2 $ 6,130
Typist
Salary $12,168
Fringe Benefits $ 4,484
Sub-Total-Salaries & Fringe Benefits
Operating
Personal Mileage $ 825
Postage 450
Capital Outlay 12,024
Equipment Rental 105
Convenience Copier 1,041
Stationery Stock 700
Print Shop 500
Telephone Communications 2,500
Sub-Total-Operating $18,145
TOTAL $48,597
Prepared by:
Budget Division
June 28, 1983
Schedule III
EXPENDITURE WORKSHEET
Probation - District Court Unit
Cost for Remainder
Annual Cost of 1983
10100-133-20-00-1001 Salaries $48,214 $22,252
-2074 Fringe Benefits 17,766 8,200
-3574 Personal Mileage 1,800 825
-4909 Postage 1,000 450
-5998 Capital Outlay --- 12,024 1)
-6640 Equipment Rental 210 105
-6641 Convenience Copier 2,500 1,041
-6670 Stationery Stock 900 700
-6672 Print Shop 1,000 500
-6750 Telephone Communications 3,360 2,500
TOTAL $76,750 $48,597
1) Capital Outlay includes:
(3) Desks $ 1,143
(1) Secretarial Desk 575
(3) Desk Chairs 603
(6) Office Chairs 990
(1) Secretarial Chair 123
(2) Alco-check devices 150
(2) Card Files 1,040
$ 4,624
Partitioning $ 7,400
Total $12,024
Prepared by
Budget Division
June 28, 1983
#83171 July 14, 1983
Moved by Lanni supported by McDonald the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Lanni supported by Richard Kuhn that Resolution #8317I be adopted.
AYES: Rewold, Wilcox, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart,
R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen,
Page, Perinoff, Pernick, Price. (23)
NAYS: Geary. (1)
A sufficient majority having voted therefor, Resolution #8317I was adopted,
STATE OF MICHIGAN)
COUNTY or OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution # 83171 adopted by the Oakland County Board of Commissioners
at their meeting held on July 14, 1983
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, 1 have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this 14th day of / ) July 19 83
ALLEN
County Clerk/Register of Deeds