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HomeMy WebLinkAboutResolutions - 2013.11.13 - 21102MISCELLANEOUS RESOLUTION 13288 November 13, 2013BY: PUBLIC SERVICES COMMITTEE, COMMISSIONER BILL DWYER, CHAIRPERSON IN RE: CIRCUIT COURT - 2014 MICHIGAN DRUG COURT GRANT PROGRAM (ADULT TREATMENT COURT) - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court applied for and was awarded a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a grant period of October 1, 2013 through September 30, 2014; and WHEREAS total program funding for the Adult Treatment Court is $208,669, consisting of $47,000 in grant funding from SCAO, $100,000 in PA 511 Community Corrections funding, General Fund Support of $42,729 ($24,000 operating support and $18,729 personnel support) and a Restore Foundation donation of $18,940; andWHEREAS the court intends to continue the Adult Treatment Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and the increase in jail days ordered; and WHEREAS two positions are partially funded by the Adult Treatment Court Grant, which include: one (1) Special Revenue (SR) full-time eligible (FTE) Youth and Family Casework Supervisor position {3010402- 09712) and one (1) SR FTE Technical Assistant position (3010402-10677); and WHEREAS position #3010402-09712 also supports the Juvenile Drug Court and the remaining of the cost is offset by Juvenile Drug Court program funds (Child Care Fund); andWHEREAS position #301402-10677 also supports the Juvenile Drug Court and the Urban Drug Court Initiative Program and the remaining of the cost is offset by Juvenile Drug Court program funds (Child Care Fund) and the Urban Drug Court Initiative Grant; and WHEREAS this program also provides funding for drug testing supplies and kits, bus passes, meetings, contractual services for individual and family treatment, and transitional housing; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and WHEREAS this grant is conditioned upon continued interpretation Qf the contract consistent with the September 27, 2013 letter from the Michigan State Court Administrative Office (SCAO), providing that assurance #3 of this year's grant application and agreement shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2014 Michigan Drug Court Grant Program (Adult Treatment Court) Grant Agreement in the amount of $47,000 from the State Court Administrative Office (SCAO) for the period of October 1, 2013 through September 30, 2014. BE IT FURTHER RESOVED that the Oakland County Board of Commissioners accepts a donation in the amount of $18,940 from the Restore Foundation. 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 one (1) SR Technical Assistant position (#301402-10677) be also funded by the Juvenile Drug Court and the Urban Drug Court Initiative Program funds. BE IT FURTHER RESOLVED that continuation of the positions (#3010402-09712 and #3010402- 10677) associated with this grant is contingent upon continuation of State funding, and receipt of additionai funding sources.BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract and that the Chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. 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 adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF - Circuit Court GRANT NAME: FY 2014 Michigan Drug Court Grant Program (Adult Treatment Court) FUNDING AGENCY: State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Jackie Howes-Evanson / John Cooperrider 22154 / 80256 STATUS: Grant Acceptance DATE: October 28, 2013 Pursuant to Misc. Resolution #13180, please be 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 (10/7/2013) Department of Human Resources: Approved. -Karen Jones (10/7/2013) Risk Management and Safety: Approved by Risk management-Robert Erlenbeck (10/7/2013) Corporation Counsel: "For all the drug courts, sobriety courts, mental health courts and the urban drug court initiative, for the 52nd district court, the circuit court and the family division of the circuit court, there appear to be no unresolved legal issues that require action at this time. they can go to the BOC for approval and signature, as can the two intergovernmental agreements that John Cooperrider sent to you." —Karen Agacinski (10/26/2013) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of the specifically cited compliance related documents for this grant. Drug Treatment Courts: The Ten Key Components http://ww\v.oiD.usdoi.uov/BJA/grant/DriLgCouits/Defininc.DC.pdr The Ten Guiding Principles of DWI Courts htlo://www.dwicouits.org/learn/aboiit-dwi-courts.'-giiiding-principles Health Insurance Portability and Accountability Act (42 CFR Part 2) bttp:/Avw"vv.access.apo.gov/nara/cfr/waisidx ()2/42cfr2 02.html Executive Order 12549 - Debarment and Suspension http:/Avww.archives.aov/i'ederal-i-ci£iaLei,/c()dification/executive-ordei-/12549JUml Michigan - Conflict of Interest - Contracts of Public Servants with Public Entities - "Act 317 of 1968" http://wwvv.legi slaturc.mMiov/(uQ31x£ekmri5z55z2uiw\45ymileg.asDX?page=getobiect&obieetname=mcl-Act-317-of- 1968&quervid=1476.1946 Michigan - Standards of Conduct for Public Officers and Employees (Act 196 of 1973) httD:/Av\vw.legislaI.ure.mi,aov/(Sf3Qeoca2irl'3u27-55n2klzims))/niilea.aspx,?i-)age=actObiect&ohiectName=mcl-l 5-341 Federal Office of Management and Budget (OMB) Circular No. A-133 http://wvvw-Avhitehouse.gov/omb/circulars/al33/al33,htm I From: To: Cc: Subject: Date: VanPelt. Laurie "Wast. Catherine": "Julie Secontine"; "Karen Jones": "Pat Davis" "Cooperrlder. John": "Kevin Oeffner": howesevansonifcloakaov.com: "Falardeau. Nancv" RE: GRANT REVIEW: Circuit Court - 2014 Michigan Drug Court Grant Program (Aduit Treatment Court) - Grant Acceptance Monday, October 07, 2013 3:40:48 PM Approved. From; West, Catherine [mailto:westca@oakgov.com] Sent: Monday, October 07, 2013 3:30 PM To; Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc; Cooperrider, John; Kevin Oeffner; howesevansonj@oakgov.com; 'Falardeau, Nancy' Subject: GJ^NT REVIEW: Circuit Court - 2014 Michigan Drug Court Grant Program (Adult Treatment Court) - Grant Acceptance Please Note: The attached Assurance #3 Letter is addressed to the Novi District Court, but applies to all SCAO Drug Court Grant applicants. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Karen Jones -Julie Secontine - Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE- Circuit Court 2014 Michigan Drug Court Grant Program (Adult Treatment Court) State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 14, 2013 Date: October 7, 2013 Operating Department: Circuit Court Department Contact: Jackie Howes-Evanson/John Cooperrider Contact Phone: x22154/x80256 Document Identification Number: 00309 REVIEW STATUS: Acceptance - Resolution Required GRANT INFORMATION Funding Period: October 1, 2013 through September 30, 2014 New Facility / Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): N/A From: To: Cc: Subject: Date: Jones. Karen "West, Catherine": "Julie Secontine": "Laurie VanPelt": "Pat Davis" "Cooperrider. John"'. "Kevin Qeffner": howesevansoni@oakaov.com: "Falardeau. Nancy" RE: GRANT REVIEW: Circuit Court - 2014 Michigan Drug Court Grant Program (Adult Treatment Court) - Grant Acceptance Monday, October 07, 2013 3:42:09 PM Approved. From: West, Catherine [mailto:westca@oakgov.com] Sent: Monday, October 07, 2013 3:30 PM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: Cooperrider, John; Kevin Oeffner; howesevansonj@oakgov.com; 'Falardeau, Nancy' Subject: GRANT REVIEW: Circuit Court - 2014 Michigan Drug Court Grant Program (Adult Treatment Court) - Grant Acceptance Please Note: The attached Assurance #3 Letter is addressed to the Novi District Court, but applies to all SCAO Drug Court Grant applicants. GRANT RE VIE W FORM TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Karen Jones - Julie Secontine - Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE - Circuit Court 2014 Michigan Drug Court Grant Program (Adult Treatment Court) State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 14, 2013 GRANT INFORMATION Date: October 7, 2013 Operating Department: Circuit Court Department Contact: Jackie Howes-Evanson/John Cooperrider Contact Phone: x22154/x80256 Document identification Number: 00309 REVIEW STATUS: Acceptance - Resolution Required Funding Period: October 1, 2013 through September 30, 2014 New Facility / Additional Office Space Needs: N/A , IT Resources (New Computer Hardware / Software Needs or Purchases): N/A From: Erlenbeck. Robert To: Cc: West. Catherine": "Julie Secontine": "Karen Jones": "Laurie VsnPelt": "Pat Davis" Coonerrider. John": "Ksvin Oaffner": howesevansoni@0akQ0v.e0m: "Falardeau. Nancv" Subject: RE: GRANT REVIEW: Circuit Court - 2014 Michigan Drug Court Grant Program (Adult Treatment Court) - Grant Acceptance Date: Monday, October 07, 2013 4:24:17 PM Approved by Risk management. R.E. 10/07/13, From: Sandy Johnson [mailto:johnsonS@oakgov.com] Sent: Monday, October 07, 2013 3:44 PM To: 'West, Catherine'; 'Julie Secontine'; 'Karen Jones'; 'Laurie VanPelt'; 'Pat Davis' Cc: 'Cooperrider, John'; 'Kevin Oeffner'; 'howesevansonj^oakgov.com'; 'Falardeau, Nancy' Subject: RE: GRANT REVIEW: Circuit Court - 2014 Michigan Drug Court Grant Program (Adult Treatment Court) - Grant Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erlenbeck (ext. 8-1694). If you have not done so already, please forward all related and future information, documentation, and correspondence to Terri Easterling and Sandy Johnson. Also, please include Risk Management's assignment number RM13-0367 regarding this matter. Thank you. From: West, Catherine [mailto:westca@oakaov.conV] Sent: Monday, October 07, 2013 3:30 PM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: Cooperrider, John; Kevin Oeffner; hQwesevansoni@oakaov.com: 'Falardeau, Nancy' Subject: GRANT REVIEW: Circuit Court - 2014 Michigan Drug Court Grant Program (Adult Treatment Court) - Grant Acceptance Please Note: The attached Assurance #3 Letter is addressed to the Novi District Court, but applies to all SCAO Drug Court Grant applicants. GRANT RE VIE W FORM TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Karen Jones-Julie Secontine - Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE - Circuit Court 20X4 Michigan Drug Court Grant Program (Adult Treatment Court) State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 14, 2013 From: Aaacinski, Karen To: Catherine West Subject: sobriety and drug treatment courts Date: Saturday, October 26, 2013 5:17:25 PM Hi Katie, I am out of the office until Wednesday, but wanted to let you know that I approve the grant contracts. However, I'm not sure that 1 will be able to gel you ray usual formatted sign off because working with webmail is not very easy from home- so, if you need something before I get back into the office on Wednesday (when 1 can sit at my office computer and use the regular email to format my sign off-please let me know, and I will figure something out.) but, for all the drug courts, sobriety courts, mental health courts and the urban drug court initiative, for the 52nd district court, the circuit court and the family division of the circuit court, there appear to be no unresolved legal issues that require action at this time. they can go to the BOC for approval and signature, as can the two intergovernmental agreements that John Cooperrider sent to you. also, would you please let the folks from the 52nds know. I sent an email to Renee Gillert and one to John Cooperrider, but have not been in touch with the other folks. my home phone is thanks Karen if you need to reach me. MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM FY 2014 CONTRACT Grantee Name: 6th Circuit Court - Adult Federal ID Number: 38-6004876 Contract Number: 00309 Grant Amount: $47,000 Project Title: N/A Catalog of Federal Domestic Assistance (CFDA) Title: N/A CFDA Number: N/A Federal Agency Name: N/A Federal Grant Administered by N/A Federal Grant Number: N/A 1. GENERAL PROVISIONS 1.01 This contract is made between the State Court Administrative Office, Lansing, Michigan (SCAO) and the 6th Circuit Court - Adult program. 1.02 This contract incorporates the Grantee's approved grant application request and final approved budget. 1.03 This contract is for the MICHIGAN DRUG COURT GRANT PROGRAM. 1.04 In consideration of the mutual promises and covenants in this contract, and the benefits to be derived from this contract, the parties agree as follows: 2. TERM OF CONTRACT 2.01 This contract becomes effective when it is signed by the parties, the State Court Administrator or Deputy State Court Administrator, and the Grantee's authorizing official. 2.02 This contract commences on 10/1/2013. This contract terminates on 9/30/2014, at 11:59 p.m. 3. RELATIONSHIP 3.01 The Grantee is an independent contractor, and it is understood that the Grantee is not an employee of the SCAO. No employee, agent, or subcontractor of the Grantee is an employee of the SCAO. 3.02 No liability or benefits, including, but not limited to, retirement benefits or liabilities, pension rights or liabilities, insurance rights or liabilities, fringe benefits, training, holiday pay, sick pay, vacation pay, or such other rights, provisions, or liabilities arising out of an agreement of hire or employer-employee relationship, either express or implied, shall arise or accrue to either party as a result of this contract. The Grantee is not eligible for, and will not participate in, any such benefits. 3.03 The Grantee is responsible for payment of all taxes, including federal, state, and local taxes arising out of the Grantee's activities in accordance with this contract, including, but not limited to, income taxes, social security taxes, unemployment insurance taxes, and any other taxes or fees. 3.04 The Grantee understands and agrees that all parties furnishing services pursuant to this contract are, for purposes of workers' compensation liability or other actions of employee-related liability, not employees of the SCAO. 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. 3.05 The Grantee shall not direct the work or commit the working time of any SCAO employee under this contract. To the extent that the Grantee seeks the assistance of any SCAO employee to perform the Grantee's responsibilities under this contract, the Grantee must obtain prior written approval from the state court administrator or his designee. 3.06 The Grantee does not, and shall not, have the authority to enter into contracts on the. SCAO's behalf. SCOPE OF SERVICES 4.01 Upon approval of the Grantee's application and signing of this contract, SCAO agrees to provide funding from the Grant in an amount not to exceed the amount of this contract, in no event does this contract create a charge against any other funds of SCAO or the Michigan Supreme Court. 4.02 The Grantee shall, during the contract term, use the Grantee's best efforts and endeavors to promote the interests of the SCAO. The Grantee, and the Grantee's employees orsubcontractors, shall devote such time, attention, skill, knowledge, and professional ability as is necessary to most effectively and efficiently carry out and perform the services as described in this contract and in any amendments to this contract. 4.03 Commitment of state resources for the acquisition of goods and services, and execution of purchase orders, contracts, and similar agreements, shall remain the sole responsibility of the SCAO. PERFORMANCE AND BUDGET 5.01 The SCAO agrees to provide the Grantee a sum not to exceed $47,000 for the court program operated pursuant to this contract. 5.02 The grant agreement is designated as a sub-recipient relationship. 5.03 Any Grantee equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with Grantee upon acquisition. SCAO reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that SCAO's proportionate interest in such equipment supports such retention or transfer of title. 5.04 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 Grant, and will expend grant funds only during the period covered by this contract unless prior written approval is received from the SCAO. 5.05 The Grantee must sign up through the online vendor registration process to receive all state of Michigan payments as Electron Funds Transfers (EFT)/Direct Deposits. Registration information is available through the Department of Technology, Management, and Budget's website at: http://www.michi2an.g0v/budget/O.l 607J-157- 13404 37161-179392—.00.html 5.06 All payments for the proper performance of the contract shall be made by the SCAO quarterly, upon submission by the Grantee of financial reports for approval by the SCAO on a form approved by the SCAO. The financial reports shall include a specific amount of the hours worked, hourly salary, the detailed services provided by the Grantee or Grantee's staff, and/or the specific amount expended on supplies or operating costs necessary for program operation. 5.07 Requests for adjustments in expenditures within line items and between line item categories must be made using a Contract Adjustment Request form, and approved by the SCAO. 5.08 The Grantee shall make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report these as outlined in the SCAO's fiscal procedures. Any under-recoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. 6. CONDUCT OF THE PROJECT 6.01 The Grantee shall abide by all tenns and conditions required in the application assurances, budget requirements, and the Grantee's approved program outline and budget. 6.02 The Grantee shall operate its grant-funded program in accordance with the application assurances. 6.03 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 proselytizing. If the Grantee refers participants to, or provides, a non-federally funded program of 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 services 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. ASSIGNMENT 7.01 The Grantee may not assign the performance under this contract to subcontract personnel except with the prior written approval of the SCAO. 7.02 All provisions and requirements of this contract shall apply to any subcontracts or agreements the Grantee may enter into in furtherance of its obligations under the contract. 7.03 The Grantee shall provide copies of all subcontracts for services funded in whole or in part by this grant to SCAO. CONFIDENTIAL INFORMATION 8.01 In order that the Grantee's employees or subcontractors may effectively provide fulfillment of this contract to the SCAO, the SCAO may disclose confidential or proprietary information pertaining to the SCAO's past, present, and future activities to the Grantee. All such information is proprietary to the SCAO and Grantee shall not disclose such information to any third party without prior approval from the SCAO, unless disclosure is required by law or court order. If disclosure is required by law or court order, SCAO will be notified of the request before disclosure. The Grantee agrees to return all confidential or proprietary information to the SCAO immediately upon the termination of this contract. 8.02 Both the SCAO and Grantee shall assure that medical services to, and information contained in the medical records of, persons served under the provisions of this contract or other such recorded information required to be held confidential be federal or state law, rule, or regulation, in connection with the provision of services or other activity under this agreement, shall remain confidential. Such information 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, if the disclosure does not directly or indirectly identify particular individuals. . HUMAN SUBJECTS 9.01 The Grantee must submit all research involving human subjects conducted in programs sponsored by the SCAO, or in programs that receive funding from or through the state of Michigan, to the Michigan Department of Community Health's (MDCH) Institutional Review Board (IRB) for approval prior to the initiation of the research. 0. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, 42 CFR PART 2, AND MICHIGAN MENTAL HEALTH CODE 10.01 The Grantee assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA), 42 CFR Part 2, and applicable confidentiality provisions of the Michigan Mental Health Code, to the extent that this act and these regulations are pertinent to the services that the Grantee provides under this contract. These requirements include: A. The Grantee must not share any protected health or other protected data and information provided by the SCAO or any other source that falls within HIPAA, 42 CFR Part 2, and/or the Michigan Mental Health Code requirements, except to a subcontractor as appropriate under this contract. B. The Grantee must require, in the terms and conditions of any subcontract, that the subcontractor not share any protected health or other protected data and information from the SCAO or any other source that falls under HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code requirements. C. The Grantee must use 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 HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code requirements. The policies and procedures must meet all applicable federal and state requirements including HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code 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 the SCAO unauthorized use or disclosure of protected data and information that falls under HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code 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. G. In accordance with PIIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code requirements, the Grantee is liable for any claim, loss, or damage relating to its unauthorized use or disclosure of protected data and information received by the Grantee from the SCAO or any other source. . RIGHTS TO WORK PRODUCT 11.01 All reports, programs, manuals, tapes, listings, documentation, and any other work product prepared by the Grantee under this contract, and amendments thereto, shall belong to the SCAO and are subject to copyright or patent only by the SCAO. The SCAO shall have the right to obtain from the Grantee original materials produced under this contract and shall have the right to distribute those materials. 11.02 The SCAO grants the Grantee a royalty-free, nonexclusive license to use anything developed in the course of executing this contract if the work product enters the public domain. 11.03 The SCAO shall have copyright, property, and publication rights in all written or visual material or other work products developed in connection with this contract. The Grantee shall not publish or distribute any printed or visual material relating to the services provided under this contract without the prior explicit pennission of the SCAO. WRITTEN DISCLOSURE 12.01 The Grantee and Grantee's employees or subcontractors shall promptly disclose in writing to the SCAO all writings, inventions, improvements, or discoveries, whether copyrightable, patentable, or not, which are written, conceived, made, or discovered by the Grantee or the Grantee's employees or subcontractors jointly with the SCAO or singly by Grantee or Grantee's employees or subcontractors while engaged in activity under this contract. As to each such disclosure, the Grantee shall specifically point out the features or concepts that are new or different. 12.02 The SCAO shall have the right to request the assistance of the Grantee and Grantee's employees or subcontractors in determining and acquiring copyright, patent, or other such protection at the SCAO's invitation and request. 12.03 The Grantee represents and warrants that there are at present no such writings, inventions, improvements, or discoveries (other than in a copyright, copyright application, patent, or patent application) that were written, conceived, invented, made, or discovered by the Grantee or the Grantee's employees before entering into this contract, and which the Grantee or the Grantee's employees desire to remove from the provisions of this contract, except those specifically set forth by attachment hereto. 13. INSURANCE 13.01 The Grantee should cany insurance coverage or self insurance in such amounts as necessary to cover all claims arising out ofthe Grantee's operations under the terms of this contract. 14. INDEMNITY 14.01 Unless § 14.02 applies, the Grantee agrees to indemnify, defend, save, and hold harmless the SCAO, the Michigan Supreme Court, their agents, officers, and employees from any liabilities, obligations, damages, penalties, claims, costs, fees, charges, and expenses (including, but not limited to, fees and expenses of attorneys, expert witnesses, and other consultants) that may be imposed upon, incurred by, or asserted against the SCAO or the Michigan Supreme Court by reason of the Grantee's acts or services provided under this contract. Indemnity is not limited by: (1) failure to procure and/or maintain insurance for Grantee or Grantee's subcontractors; (2) failure to procure and/or maintain sufficient insurance for Grantee or Grantee's subcontractors; or (3) by operation of insurance deductibles, holdbacks, or minimums. ]4.02 If the Grantee is a local unit of government, that is a political subdivision and instrumentality ofthe State of Michigan, or an office, department or agency thereof, the following liability provisions apply: A. All liabilities, obligations, damages, penalties, claims, costs, fees, charges, and expenses (including, but not limited to, fees and expenses of attorneys, expert witnesses, and other consultants) resulting from claims, demands, costs, or judgments arising out of activities or services carried out by the Grantee in the performance of this contract shall be the responsibility of the Grantee, and not the responsibility ofthe SCAO. Nothing in this subsection is, nor shall be construed as, a waiver of governmental immunity. B. All liabilities, obligations, damages, penalties, claims, costs, fees, charges, and expenses (including, but not limited to, fees and expenses of attorneys, expert witnesses, and other consultants) resulting from claims, demands, costs, or judgments arising out of activities or services 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. Nothing in this subsection is, nor shall be construed as, a waiver of governmental immunity. C. In the event that liabilities, obligations, damages, penalties, claims, costs, fees, charges, and expenses (including, but not limited to, fees and expenses of attorneys, expert witnesses, and other consultants) resulting from third party claims, demands, costs, or judgments arise as a result of activities conducted jointly by the Grantee and SCAO in fulfillment of their responsibilities under this contract, such liabilities, obligations, damages, penalties, claims, costs, fees, charges, and expenses shall be borne by the Grantee and SCAO in relation to each party's responsibilities under these joint activities. Nothing in this subsection is, nor shall be construed as, a waiver of governmental immunity. 14.03 The SCAO is not responsible and will not be subject to any liability for any claim related to the loss, damage, or impairment of Grantee's property and materials or the property and materials of the Grantee's employees or subcontractors, used by the Grantee pursuant to the Grantee's performance under this contract. 14.04 The Grantee warrants that it is not subject to any nondisclosure, noncompetition, or similar clause with current or prior clients or employers that will interfere with the performance of this contract. The SCAO will not be subject to any liability for any such claim. 14.05 In the event any action or proceeding is brought against the Grantee by reason of any claim due or claimed to be due to Grantee's performance covered under this contract the Grantee will, at the Grantee's sole cost and expense, resist or defend the action or proceeding as Grantee deems appropriate. Grantee retains sole authority and discretion to resolve, and settle any such claims. 15. ACQUISITION, ACCOUNTING, RECORDKEEPING, AND INSPECTION 15.01 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 funding unit, and (2) the administrative and budget requirements of the grant. 15.02 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 and/or budget amendment. 15.03 The Grantee agrees that the Michigan Supreme Court, the SCAO, 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 cost. Federal and/or state auditors, and any persons duly authorized by the 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. The SCAO shall provide audit findings and recommendations to the Grantee. The 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 to the SCAO. Failure of the Grantee to comply with the requirements of this section shall constitute a material breach of this contract upon which the SCAO may cancel, terminate, or suspend this contract. 15.04 The Grantee's accounting system must maintain a separate fund or account that segregates grant contract receipts and expenditures from other receipts and expenditures of the Grantee. 16. PROGRAM REVIEW AND MONITORING 16.01 The Grantee shall give the SCAO and any of its authorized agents access to the 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 mental health court participants, and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. 17. REPORTS17.01 The SCAO will provide report forms for ail required reports. The Grantee agrees to submit timely, complete, and accurate reports as identified in this contract and the application assurances and administrative requirements for the grant to the SCAO as listed in Attachment A. 17.02 The data for each participant who is screened and accepted into the program must be entered into the appropriate Case Management System. 17.03 The Grantee is responsible for the timely, complete, and accurate submission of each required report and data as outlined above. 17.04 If any report is thirty days past due, a delinquency notice will be sent via email notifying the Grantee that it has 15 days to comply with the reporting requirement. Forty-five days past the due date, a forfeiture notice will be sent to the Grantee via the U.S. Postal Service notifying it that its ftmding award has been rescinded due to contract noncompliance. 18. DEBARMENT AND SUSPENSION 18.01 The Grantee may not contract with or make any award of grant funds at any time to any third 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." 19. AUDITS 19.01 This section only applies to Grantees designated as sub-recipients. Grantees designated as vendors are exempt from the provisions of this section. 19.02 Grantees must submit to the SCAO a Single Audit, Financial Statement Audit, or Audit Status Notification Letter as described below. If submitting a Single Audit or Financial Statement Audit, Grantees must also submit a Corrective Action Plan for any audit findings that impact SCAO-funded programs and a management letter (if issued) with a response. A. Single Audit: Grantees that expend $500,000 or more in federal awards during the Grantee's fiscal year must submit to SCAO a Single Audit prepared consistent with the Single Audit Act Amendments of 1996, and Office of Management and Budget (OMB) Circular A-133, 'Audits of States, Local Governments, and Non-Profit Organizations," (as revised). B. Financial Statement Audit: Grantees exempt from the Single Audit requirements that receive $500,000 or more in total funding from SCAO in state and federal grant funding must submit to SCAO a Financial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact SCAO-funded programs including, but not limited to, fraud, financial statement misstatements, and violations of contract and grant provisions. C. Audit Status Notification Letter: Grantees exempt from both the Single Audit and Financial Statement Audit requirements (1. and 2. above) must submit an Audit Status Notification Letter that certifies these exemptions. 19.03 The required audit and any other required submission (i.e. Corrective Action Plan and management letter with a response), or audit Status Notification letter must be submitted to the SCAO within nine months after the end of the Grantee's fiscal year to Michigan Supreme Court, State Court Administrative Office, Hall of Justice, PO Box 30048, Lansing, Michigan, 48909, attention Kathryn Van Asperen. 19.04 If the Grantee does not submit the required Single Audit reporting package, management letter (if issued) with a response, and Corrective Action Plan; or the Financial Statement Audit and management letter (if issued) with a response within nine months after the end of the Grantee's fiscal year, and an extension has not been approved by the cognizant or oversight agency for audit, the SCAO may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the SCAO . The SCAO may retain the amount withheld if the Grantee is more than 120 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. The SCAO may terminate the current grant if the Grantee is more than 180 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. 19.05 Failure to submit the Audit Status Notification letter, when required, may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Status Notification letter is received. 19.06 The SCAO or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. 20. TERMINATION OR FUNDING HOLD 20.01 Each party has the right to terminate this contract without cause by giving written notice to the other party of such tennination at least thirty (30) days before the effective date of such termination. Reasons for termination may include, but are not limited to, failure to make ongoing progress toward the program's goals, failure to submit reports in a timely fashion, or using a vendor suspended or debarred pursuant to section 18 of this contract. 20.02 This contract may be terminated immediately without further financial liability to the SCAO if funding for this contact becomes unavailable to the SCAO. 21. COMPLIANCE WITH LAWS 21.01 The Grantee shall comply with all applicable laws, ordinances, and codes of the federal, state, and local governments. 22. MICHIGAN LAW 22.01 This contract shall be subject to, and shall be enforced and construed under, the laws of Michigan. 23. CONFLICT OF INTEREST 23.01 The Grantee presently has no personal or financial interest, and shall not acquire any such interest, direct or indirect, that would conflict in any manner or degree with the performance of this contract. 23.02 The Grantee and the SCAO are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 etseq., MSA 4.1700(51) etseq., and 1973 PA 196, as amended, MCL 15.341 etseq., MSA 4.1700 (71) etseq. 24. DEBT TO STATE OF MICHIGAN 24.01 The Grantee covenants that it is not, and will not become, in arrears to the state of Michigan or any of its subdivisions upon contract, debt, or any other obligation to the state of Michigan or its subdivisions, including real property, personal property, and income taxes. 25. DISPUTES 25.01 The Grantee shall notify the SCAO in writing of the Grantee's intent to pursue a claim against the SCAO for breach of any term of this contract within seven days of discovery of the alleged breach. 25.02 The Grantee and the SCAO agree that with regard to any and all disputes, controversies, or claims arising out of or in connection with or relating to this contract; or any claim that the SCAO violated any local, state, or federal ordinance, statute, regulation, law, or common-law doctrine (including discrimination or civil rights claims); or committed any tort; the parties shall attempt to resolve the dispute through mediation. Selection of a mediator will be by mutual agreement of the parties. 25.03 The Grantee and the SCAO agree that, in the event that mediation is unsuccessful, any disputes, controversies, or claims shall be settled by arbitration. Selection of an arbitrator will be by mutual agreement of the parties. The decision of the arbitrator shall be binding on both parties. The award, costs, and expenses of the arbitration shall be awarded at the discretion of the arbitrator. This agreement to arbitrate shall be specifically enforceable. A judgment of any circuit court shall be rendered upon the award made pursuant to submission to the arbitrator. 26. ENTIRE AGREEMENT 26.01 This contract contains the entire agreement between the parties and supersedes any prior written or oral promises and representations. No other understanding, oral or otherwise, regarding the subject matter of this contract exists to bind either of the parties. 27. AMENDMENT 27.01 This contract may be amended only upon written agreement of the parties. 28. DELIVERY OF NOTICE 28.01 Written notices and communications required under this contract shall be delivered by electronic mail, regular mail, overnight delivery, or facsimile device to the following: A. The Grantee's contact person is Ms. Jacqueline Ann Howes- Evanson, 6tl1 Circuit Court, Courthouse Tower, 1200 N. Telegraph Rd., Pontiac, MI 48341. B. The SCAO's contact person is Dr. Jessica Parks, State Court Administrative Office, Michigan Hall of Justice, P.O. Box 30048, Lansing, MI 48909. 29. SIGNATURE OF PARTIES 29.01 This contract becomes effective when signed by the parties. IN WITNESS WHEREOF, the SCAO and the Grantee have executed this contract: 6th Circuit Court - Adult By: Authorizing Official (Signature and Title) Authorizing Official (Please Print Name and Title) Date: Authorizing Official: Must be a person who is authorized to enter into a binding contract for the entity receiving funds. The authorizing official may not be a judge or other state employee. The authorizing official is normally from the Executive or Legislative Branch of the entity (e.g., City Manager, Mayor, Council President, Board Chairperson, Chief Financial Officer, etc.). STATE COURT ADMINISTRATIVE OFFICE By: Date:.. Deputy State Court Administrator ATTACHMENT A MICHIGAN DRUG COURT GRANT PROGRAM (MDCGP) FY 2014 REPORTING REQUIREMENTS October 1, 2013 through September 30, 2014 DCCMIS DATA EXCEPTION REPORT DUE DATE NOTE February 15, 2014 Courts will be reviewing error reports reflecting data entered into DCCMIS for the time period of October 1,2013, through December 31, 2013. May 15,2014 Courts will be reviewing error reports reflecting data entered into DCCMIS for the time period of January 1,2014, through March 31,2014. August 15,2014 Courts will be reviewing error reports reflecting data entered into DCCMIS for the time period of April 1, 2014, through June 30, 2014. November 15, 2014 Courts will be reviewing error reports reflecting data entered into DCCMIS for the time period of Julv 1, 2014, through September 30,2014. DCCMTS USER AUDIT REPORT DUE DATE NOTE .lanuarv 31,2014 Courts will be confirmins user access to DCCMIS. FINANCIAL REPORTS DUE DATE NOTE January 10,2014 Courts will be reporting on expenditures from October 1,2013, through December 31, 2013. April 10,2014 Courts will be reporting on expenditures from January 1,2014, through March 31, 2014. July 10,2014 Courts will be reporting expenditures from April 1, 2014, through June 30, 2014. October 10, 2014 Courts will be reporting expenditures from July 1,2014, through September 30, 2014. PROGRESS REPORTS DUE DATE NOTE April 30,2014 Interim Report Courts will be reporting on progress made during the first half of the grant period - October 1,2013, through March 31, 2014. October 30, 2014 Final Report Courts will be reporting on progress made during the second half of the grant period -- April 1,2014, through September 30,2014. wecurants - Michigan Courts Page 1 of 25 MICHIGAN COURTS -j ¦ One Court of Jus-tscc ] Application 00004 - Michigan Drug Court Grant Program (MDCGP) - Final 00309 - FY2014 MDCGP 6th Circuit Adult Treatment Court Michigan Drug Court Grant Program (MDCGP) Status:Submitted OriginalSubmitted 06/20/2013 4:20 PM Date: LastSubmitted 09/27/2013 4:35 PM Date: Applicant Information Primary Contact: Name: Title: Email:" Address:' Address Line 2 Address Line 3 City* Phone:* Ms. Salutation Jacqueline First Name Ann Middle Name Howes-Evanson Last Name Drug Treatment Court Supervisor howesevansonj@oakgov.com 1200 N. Telegraph Rd. Pontiac City 248-452-2154 Phone Michigan State/Province 48341 Postal Code/Zip Ext. Organization information Name:* 6th Circuit Court - Oakland County {C06} Organization Type: State Court Administrative Office Tax ID: Organization Website: Address:* 6th Circuit Court, Courthouse Tower httTv/Zmirnnrtc rln11f»ctf>rln npt/crpf Annlir-AtmnPrintPrf^vif^w rlr>9rln^.iimf:'ntP1r=1 36094700^1 1 0/98/901 3 WebGrants - Michigan Courts Page 2 of 25 1200 N. Telegraph Rd. Phone:" Fax: Pontiac City 248-452-2154 248-858-2006 Michigan State/Province 48341 Postal Code/Zip Application information Local Administrative Order {LAO):* Is there an approved Local Administrative Order (LAO) ? Yes LAO Number: 2009-01 Is there a current Memorandum of Understanding (MOU)? YesMemorandum of Understanding (MOU)* Effective Date: Expiration Date: Federal Tax ID:* What is the program capacity?* What is the current number of active participants?" How many years has the program been operational?' Type of Program" Court Name (Example:100th Circuit Court)* 06/20/2013 05/01/2018 38-6004876 60 66 12 Contact information Judges/ Referees Judge/Referee 1:* Judge/Referee's E-mail Address* Judge/Referee 2: Judge/Referee 3: Honorable Joan E. Young youngj@oakgov.com Honorable Colieen A. O'Brien T . _ J.• _ T» • _^T» • J-OJ +DI,—i i i n/oc/oni Q WebLirants - Micftigan Courts Page 3 of25 Judge/Referee 4: Authorizing Official Name:" Mr. Michael Gingell Title:* Chair, Oakland County Board of Commissioners Phone Number:1'248-858-0100 E-mail Address:" Fax Number: Mailing Address:* ginge!lm@oakgov.com 1200 N. Telegraph Rd. Pontiac, Ml 48341 Project Director/Project Contact Name* Title:* Phone Number:* E-Mail Address:" Fax Number: Mailing Address:' Ms. Jacqueline Howes-Evanson Drug Treatment Court Supervisor 248-452-2154 howesevansonj@oakgov.com 248-858-2006 Oakland County Circuit Court 1200 N. Telegraph Rd. Pontiac, Ml 48341 Financial Officer Name:* Mr. Timothy Soave Title:* Phone Number:* E-Mail Address:' Fax Number: MailingAddress:* Manager, General Fiscal Services 248-858-0807 soavet@oakgov.com 248-452-2148 Executive Office Building 2100 Pontiac Lake Rd. Waterford, Ml 48328 Locai DCCMIS (SCCM) Administrator Name Name:* Ms. Candace Sereno E-Mail Address:* serenoc@oakgov.com Ext. Ext. Program Description Caseload Data:* ViftTV/Vmir.niirrs fhillp.ctp.nh np.t/CTptAnnlir.atinnPrintPrpvipw ftn^HnnnmentPI^I '369947Q0S1 1 0/9.R/901 ^ WebGrants - Michigan Courts Page 4 of 25 1.) The court's caseload data that substantiates the target population and the need for the drug/DWI court program. Include any changes or trends in the data that further demonstrates the need for the drug/DWI court program. According to the 2010 US Census, Oakland County, Michigan has 1,202,362 recorded residents, its county seat is in the city of Pontiac. Designed in 1785, Oakland County is largely suburban m development and is the home to 62 cities, villages and townships. There were 471,115 households, of which 32.40% had children under the age of 18 living with them. The average household size was 2.51 and the average family size was 3 09 The Oakland County Circuit Court is comprised of 13 Criminal Division Judges, 7 Family Division Judges (2 of whom also handle Probate matters), 2 dedicated Probate Judges and 8 Family Division Referees. In 2012 alone, the Sixth Circuit Court of Michigan had 1596 drug charges filed within 1110 cases. Case Dispositions Time Frame:" 2.) The time frame for case dispositions, include any delays. Between January of 2011 and December of 2011, the length of time for Circuit Court case dispositions in criminal matters ranged between 16 and 81 days. Prior to the implementation of the Adult Treatment Court (ATC) program, the length of time between case disposition and sentencing was as much as 165 days, with an average of 62 days. However, in 2012, the average length of time between sentencing and admittance into the ATC program was only 13 days. During the above time frame, cases have been processed at least 84% faster than cases without the benefit of the ATC, This percentage has been consistent since program implementation in 2001. Incarceration/Detention:* 3.) The degree to which the court uses incarceration/detention for the target population, or in the case of child abuse and neglect, the degree to which foster care and adoption is currently relied upon for the children of the participant. The absence of a drug court would contribute to docket crowding, leading to extended periods of courtroom appearances until disposition, due to the possibility of trials. Incarcerated defendants would be housed for extended periods of time awaiting completion of trials and final dispositions. This necessitates the need for jail beds in an already overcrowded situation. Additionally, jails and prisons do not provide for adequate drug/alcohol treatment. One of the primary goals of the ATC is to use jail as a last sanction. Alternate and graduated sanctions are always the first choice, in keeping with the function of the program. The total number of ATC graduates since inception is 136. The average length of stay for adults sentenced to jail in the criminal division is 160 days. However, the average number of jail days for an ATC participant is 35. Thus, the ATC reduces the number of jail days by 125 or 78%. The cost for 1 day in jail is $83. Therefore, the potential savings to taxpayers is $1,411, 000 (125 x 136 x $83). 467 participants have been served through the ATC program. Consequently, if not for the Adult Treatment Court, the potential cost to taxpayers could exceed $6,201,760 (467 x 160 x $83). Program Goals (Required) Goal 1:* Reduce drug use during program participation ,tm a ^nnc i la/oo/om^ WebGrants - Michigan Courts Page 5 of 25 50% of program participants will have no positive urine screens during Phases II, III, and Aftercare. ATC reduces participant substance abuse by requiring frequent random drug screens, alcohol monitoring, in conjection with intensive supervision with AA/NA involvement. Participants are required to pay for their drug screens if they are gainfully employed and they must maintain contact with an AA or NA sponsor. Staff will track the number of drug screenings including positive and negative results/confirmations and enter this information into the DCCMIS on a weekly basis. (Method of measurement: Collect drug screen data for all participants in Phases II, III and Aftercare.) Goal 2:* Retain participants in the drug court program Increase the number of days each participant remains in the ATC program. By creating individualized treatment plans and client-focused programming, the participants will engage in the ATC programming for longer periods of time. (Measurement: Track# of days participants remain in program). Goal 3:* Reduce drug and alcohol related crime in the jurisdiction (may not be applicable to Family Dependency Courts) At least 50% of ATC participants will have no new charges while in the drug court program. This decrease in recidivism will be accomplished by providing intensive supervision, substance abuse treatment and relapse prevention. Intensive supervision and substance abuse treatment are core functions of the ATC. Bi¬ weekly sessions are conducted for all participants. Participants are also appearing before their probation officer as frequently as daily, if necessary. The participants also participate in various forms of substance abuse treatment throughout the course of the program and post-graduation. (Measurement: Probation Officers and ATC Team members wili continue monitor both O.T.I.S. and OMNI monthly for early identification of any new charges.) Goal 4r Alleviate congestion of court dockets The Circuit Court continues to place a priority on alleviating docket congestion. The Court reduces docket crowding by increasing the speed of processing and reducing recidivistic behavior. The Court reduces the time between arrest and first service appearance by fast tracking identified cases for court consideration and therapeutic review. The Court has realized a substantial reduction in the number of pending cases in the past five years due to the implementation of "best practices" and other docket management techniques. (Measurement: Track case processing monthly to ensure timely processing and the use of best practices in docket management.) Goal 5:* Alleviate jail or detention overcrowding (if applicable) Decrease the use of jail sanctions by at least 10% each reporting period. The ATC targets the priority population. Upon acceptance into the program, participants complete successive treatment stages, receive regular judicial oversight, intensive individualized drug and/or mental health treatment, frequent random drug testing and probationary supervision. The concept of the program is to utilize these intensive devices along with graduated sanctions and monitor the participants' progress through community supervision rather than /-vnPrin+Pr(=>"uif=»w rln9rlr»r'iimpntPlr=1 "36094700^ 1 1 f)/9R/?.f)1 1 WebGrants - Michigan Courts Page 6 of 25 incarceration. For 2012, Oakland's overaii prison commitment rate was 18.7% compared to the statewide average of 20.7 percent. The Sixth Circuit Court's straddle ceil commitment rate is 28.1 percent as compared to the statewide average of 31.9 percent. (Measurement: Track the number of total graduated sanctions and jaii sanctions used and compare each reporting period.) Goal 6:* Retain participants in substance abuse treatment Using the team approach, the ATC reviews treatment goais/objectives monthly to determine the best course of action regarding the individualized treatment needs of each participant. Additionally, best practices are utilized at each treatment facility to ensure that participants are receiving the best care based upon need. This individualized approach offers the participant the opportunity to be directly involved in his or her own treatment plan, thus allowing for the best possible outcomes. (Measurement: Weekly, biweekly and monthly treatment data'are collected from our treatment providers.) Program Goals (Optional) Goal 7: Reduce child abuse and neglect (if applicable) N/A Goal 8: List other goal specific to your drug/DWI court program here Improve vocational/educational involvement of ATC participants in the community by improving access and availability of vocation/education opportunities. The ATC will increase participants level of involvement in vocation/education programs by 10% as compared to the previous year. (Measurement: Collect data from participant seif-report; monthly progress reports from providers.) Goal 9: List other goal specific to your drug/DWI court program here The ATC will track the number of ATC participants who do not have stable (or appropriate) housing and/or are homeless and reduce that number by 10% each year. Many of the ATC participants enter the program with either no housing options or with inappropriate housing situations that are not conducive to program success. The team will provide opportunities for short and long-term housing solutions, including transitional housing. By providing these opportunities and eliminating the stress of locating adequate housing, the ATC participant will be afforded the opportunity to concentrate on recovery rather than locating suitable housing. (Measurement: Investigate alternative housing options for participants, track the number of indigent participants entering the program and track the number of participants who were placed in stable housing with the assistance of the ATC team.) •i <-< ^ r\^\ a mr\ r 1 1 rv o A1 o weDUrants - Micnigan uouns Fage V oi 2^ Goal 10: List other goal specific to your drug/DWI court program here Increase overall community stakeholder involvement by 10% over the previous fiscal year. The ATC team will engage community stakeholders in the improvement of the ATC program by developing/sustaining workgroup and training opportunities, encouraging attendance at case conferences and business meetings and providing opportunities to provide input during the above and in daily/weekly team communication. (Measurement: Monitor attendance of community stakeholders at the ATC meetings/trainings and evaluate stakeholder attendance at the end of the fiscal year.) Target Population Check all that apply What is the target population:" Other, please explain: Describe how the above information differs from previous years' procedures:11 Non Violent Offender, Drug Offender, High Risk, Felony, Resident of City/County 3rd, Substance Use Disorder, Probation Violators, Straddle Cell Offender OWI Apriority population" of nonviolent, substance-abusing felony offenders, whose addiction leads to either repeated criminal conduct with escalating sanctions or who have violated probation for substance-related reasons. Currently, there are 69 participants. Under the mental health component, in addition to the above criteria, the ATC now serves participants with Axis I mental health issues as well as substance use disorders. There are currently 30 participants who fall into the mental health component of the program. Other factors, such as the circumstances of the current offense and/or the prior criminal history of the defendant, may result in the defendant being deemed ineligible. The last year we updated (expanded our criteria) was 2012. Screening and Eligibility Describe the eligibility criteria:" Eligibility requirements for Adult Treatment Court clearly define those offenders who are eligible for consideration and acceptance into the program. Beyond residence in Oakland County, candidates must: have a repeat offender history, have a documented substance abuse history, meet PA511 guidelines regarding ineligible offenses that prohibit enrollment, meet sentencing guidelines, have reliable transportation and have no history/pattern of violent behavior. If otherwise eligible and sentencing guidelines are 0-6 or above, they may also be considered on a violation of probation. How are potential participants [_aw ^nforcernen1.i probation Agent, Prosecuting Attorney, Pre-Trial, Judges, Defense "htfrW/minnnrts rhillestech.net/p^tArm1icatinnPrintPreview.do?documer)tPk:=l3692479051... 10/28/2013 WebGrants - Michigan Courts Page 8 of 25 identified:* If Other, please describe: Attorney, Jail Staff Candidates for ATC are referred by numerous sources such as judges, attorneys and probation administrators and officers based on the above eligibility criteria. After a referral is made, the core team members (Judges, Probation Officers, Defense Attorney and Drug Court Supervisor) review the case to ensure that eligibility criteria is met. Judges and probation officers are continuously encouraged to consider ATC for those offenders who meet the eligibility requirements and whose histories indicate they have not been helped previously by traditional approaches. Screening:* Describe when screening occurs, who conducts the screening, and who determines eligibility. The initial screening of a candidate by the probation officer (case manager) begins immediately after sentencing. An offender meeting the legal and eligibility requirements is then referred to the ATC team and providers. At that point, a screening is conducted by the Mental Health Liaison to determine the primary and secondary (if any) diagnosis. Once an offender has been approved and accepted by the team, they are welcomed to the program by the judge during a regular ATC session, asked if they understand the requirements they are about to undertake and are asked to repeat a pledge as they begin a rigorous journey toward sobriety. For the Violation of Probation (VOP) Track, the offender is screened for eligibility at arraignment and/or upon violation of probation. The offender is then (if not already engaged) immediately referred to treatment based on level of care and identified diagnosis. Is a risk/needs assessment used to help identify high risk/high need offenders? Risk yAssessement?:* If answered yes to the above question, name the assessment tool used Assessment COM PASTool: It does not differ; the ATC team has now been attempting to utilize the COMPAS with each offender for the last two years. Describe how the above information differs from previous years' procedures:" Assessments What is the name of the substance abuse assessment tool that is used? Substance AbuseAssessment Mental Status Exam and UNCOPE Tool:* Does the assessment provide a Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) diagnosis? DSM-IV YesDiagnosis:" If answered no to the above question, describe how the substance use diagnosis is determined How substance use diagnosis is determined: weouranxs - iviicmgan uouns rage y or zd Assessment:* Describe when the assessment is conducted and who conducts the assessment The mental health liaison is contracted by the Oakland County Community Mental Health Authority and is responsible for identifying participants with mental illness and substance abuse through the Mental Status Exam, evaluating treatment needs and assuring that the participants are engaged in treatment expeditiously. The assessment usually occurs after the client has been sentenced to the drug court, but often during the eligibility process. The Mental Health Liaison identifies those candidates with substance use disorders and those with co-occurring substance use and mental health disorders. The result of the assessment determines the path of treatment. Is the American Society of Addiction Medicine Patient Placement Criteria used to determine appropriate level of treatment? American Societyof Addiction Medicine Patient Yes Placement Criteria:* How treatment level is determined: If answered no to the above question, describe how the level of treatment is determined The ATC uses the Mental Health Status Exam, the same used by psychiatrists, as its too! to diagnose mental illness and substance abuse. ASAM criteria is used to determine the appropriate level of care after a diagnosis of substance dependence has been made. Describe how the above information differs from previous years' procedures:" It does not differ, we are using the same procedures/assessments as in the past year. Treatment Continuum and Plan Substance Abuse Treatment Agencies:* List the substance abuse treatment agencies and the type of services available for drug/DWI court participants The ATC has an assortment of public and private service options available to ensure that individual treatment and basic needs are addressed. Oakland Community Corrections provides services including substance abuse, drug testing and support through the Step Forward Program, a rehabilitative program that offers a variety of groups including cognitive restructuring, stages of change, domestic violence, anger management and a host of other services. When appropriate, referrals are made to Lighthouse of Oakland County and Oakland Literacy Council. Residential treatment agencies provide anger management and violence prevention services in addition to substance abuse and mental health therapy. These agencies include Solutions to Recovery, Sequoia, Oakland Famiiy Services, Easter Seals, Community Programs, Inc. and Training & Treatment Innovations. Several of the listed programs also offer transitional housing. httn7/mir.niirts rln11estech.Tiet/petArin1icatinnPnntPreview-do?documentPk=l3692479051... 10/28/2013 WebGrants - Michigan Courts Page 10 of 25 Check all that apply Treatment is Through direct contracts with individual providers, Through contracts with local treatment provided:* agencies and/or through a single contract with the Regional Substance Abuse Coordinating Agency , Determined by the participant and/or insurance If treatment is provided through a contract(s), was there a competitive bid process? Competitive Bid Yes Process:* Are participants linked to treatment providers based on individual differences? Treatment yesProviders:* Treatment Process:* Explain the answer given to the above question, describing the process The nature and scope of substance abuse and commensurate service needs are determined, and referrals generated by the Office of Substance Abuse Services (OSAS) PACE Program. OSAS acts as an umbrella agency, monitoring programs and helping to match suitable services with recipients. Treatment providerscontracting with OSAS are licensed and accredited and offer a full range of therapeutic modalities, including residential, intensive outpatient and standard outpatient treatment. OSAS facilitates third-party reimbursement, manages pertinent Medicaid funding and distributes public treatment dollars. Their centralized role maximizes use of available funding streams, enabling broader coverage as well as distribution to offenders and others. Treatment providers, in cooperation with the probation officer, provide culturally responsive, developmentally appropriate and needs-based substance abuse treatment. This collaboration enhances and expands linkages to ancillary services, improving client access to educational, vocational, housing, transportation, social, mental and physical health and family care services Treatment Plan:* Who develops the treatment plan ? How often is the treatment plan reviewed and by whom ? Individual client treatment plans are reviewed every two weeks by the therapist and by the entire ATC team at least monthly. What ancillary services are available to the participants in the program? Check all that apply: Educational, Housing, Mental Health, Dental, Vocational, Physical, Food, Child Care, Career Ancillary Services: If Other, please describe: Describe how the above information differs from previous years' procedures:* Michigan Works! also offers ATC participants services that may help to alleviate some of the barriers that convicted felons face when pursuing employment. There are nine, one- stop-shop service centers in Oakland County that provide phones, fax machines, copiers and computers. Service centers also have up-to-date career resources on interviewing, schools, companies, resume writing and much more. All services are free of charge. Additionally, Oakland Intermediate Schools offers a variety of adult education and GED classes to participants needing to complete high school or wish to obtain a GED. We have recently begun utilizing Jewish Vocational Services to assist our participants with employement searches as well as the Oakland Integrated Healthcare Network (a low cost clinic) located at various locations thoughout the county. WebCirants - MicHigan Uourts Jfage 11 ot25 Program Length What is the minimum lengthof the drug/DWI court program?* What is the maximum lengthof the drug/DWi court program?* 14 months 22 to 24 months Describe the factors used to determine the program length Program Length Factors:* The Adult Treatment Court is a four-phase program. The minimum amount of time to complete the drug court program is 14 months, with the maximum being anywhere from 22 to 24 months. The average time to complete the program is 15 months. The length of the program was determined by utilizing the best practices of the drug court model and drug court implementation seminars that were attended by team members. Program length will, of course, vary depending on each participant's level of progress through each goal. How many phases does the ^ program consist of?* Describe what Individualized treatment consists of four stages, each of which has specific treatment factors were used objectives, therapeutic and rehabilitative activities, and requirements for graduation, to determine the Specific goals and objectives must be accomplished during each phase in order for the length of each participant to move to the next phase. The ATC team, together with selected treatment phase. agencies and the Office of Substance Abuse Services, implements standards developed for this program. These standards will guide the treatment "Stages." Depending on the individual's treatment plan and his/her success, the judge, with the advice and counsel of the treatment provider and team members, will decide when to move the participant. Phase length will of course vary, depending on each participant's level of motivation. If phases are not used, explain how a participant progresses through the program List the requirements for completing each phase:* e.g. the number, type, and frequency of drug tests, attendance at support groups, etc. Phase/Level One is established to engage the eligible offender in the treatment process. Upon acceptance into the program, with all waivers signed, and based on the Common Ground Mental Status Exam data and/or Office of Substance Abuse Services approval, the participant will report to one of the funded/licensed substance abuse Outpatient, Intensive Outpatient (IOP) or Residential substance abuse treatment programs participating with the ATC, attend treatment sessions as established in the treatment plan approved by the ATC, submit to random drug/alcohol screens two or three times a week at a prescribed location, attend ATC on a bi-weekly basis, meet with the ATC case manager weekly, attend 45 NA/AA meetings in 90 days, have an AA or NA sponsor by the end of the 90-day period and follow through with other referrals for specialized treatment or intervention programs. This phase is minimally four months. Phase/Level Two inciudes a continuation of the treatment component described in Stage One with less / /mi Hi ill AO1 A rsr^l inQtir*«Pi-intPrp>T7i AW rln^rlnrMim^n+PV—1 "^^09/1700^ 1 1 0/98/901 ^ WebGrants - Michigan Courts Page 12 of 25 intensity. The participant will step down to the next level of treatment (i.e. IOP, Outpatient or Aftercare treatment) upon recommendation by the treatment provider and ATC team, submit to random drug/alcohol screens as prescribed by the treatment provider or the Step-Forward program (usually twice weekly), meet with the ATC case manager at least once a month or as otherwise delineated, attend the ATC monthly, attend 12-step meetings at least three times a week;• Begin restitution payments, if applicable; follow through with other referrals for specialized treatment or programs, and, if unemployed or employed part-time, seek full time employment or enroll in school (high school GED, trade school, or college) as a full time student if necessary. This stage is designed to generally last at least three months. Phase/Level Three: Step down to the next level of treatment (i.e. Outpatient to Aftercare) upon a recommendation by the treatment provider and the ATC team, submit to random drug/alcohol screens as prescribed by the treatment provider, the ATC team and Step-Forward at least once weekly, meet with the ATC case manager monthly, attend the ATC at least once a month, attend treatment meetings three times weekly, provide a report from the AA or NA sponsor to the ATC judge once every month, provide documentation of full-time school enrollment or employment and continue payment toward restitution. This stage is designed to last approximately three to four months. Phase/Level Four1 Designed to act as an integration and aftercare stage lasting at least three months, depending on the progress of the participant. One month before graduation, a participant will return to weekly drug/alcohol screens. The case manager is responsible for securing a LEIN check to ensure the participant has not been charged with a new offense. The judge, with the advice and counsel of the treatment provider and core team members, decides when to allow the participant to graduate from the program. Before graduation can occur, the participant must have a minimum of four consecutive months of negative (clean) drug and alcohol testing. How is the phase in which a participant starts the programdetermined?* Describe how the above information differs from previous years' procedures:* Each participant begins the program in Phase or Level 1. Length of stay in this and other phases are based upon several factors including but not limited to the participant's motivation, level of compliance, and progress toward treatment goals. In consultation with the treatment team, and consistent with the recommendations of the treatment providers and the Sanctions/Incentives Guide, the judges issue sanctions and rewards to participants as their progress merits and the ATC team, in cooperation with the participant, determines when he/she is ready for stage advancement and graduation. It remains the same. Case Management Case Management is Probation Officers provided by:1" If other, please explain: What is the ratio of participants to the case manager (e.g. 50:1)? Case Manager j tii 1 i /-rvo <1 nr\r\c 1 irv/OO/^AIT weDurants - Micnigan uourts Fage J J ot 2D Ratio:* Case Manager Responsibilities:* How are the responsibilities and activities of the case manager(s) integrated with the activities of the treatment provider(s) and ancillary services provider(s) ? The probation officer maintains client accountabiiity by monitoring participant exchanges with treatment providers, Operation Nighthawk home visits, Community Corrections Step Forward day monitoring and other involvements and submits regular reports to the team. The probation officer has the discretion to contact offender, judge, OSAS or treatment provider in an effort to address problems as they arise. To avoid "overlap" of duties almost constant communication is establised via team e-mails and of course at case confernces. How frequently does the case manager have contact with the participant? Check all that apply. Contact Frequency:" If other, please describe: Daily , Biweekly, Bimonthly, Weekly, Monthly The case manager is the probation officer from the 6th Circuit Court Probation Department who meets directly (face-to-face) with and monitors each offender through ail stages of the program. The PO meets with participants weekly or monthly, depending on the phase the participant is active in, to coordinate services and to act as the central contact for all matters regarding participant conduct. The offender is intensively monitored through probation reporting and daily alcohol/drug testing. Ail defendants must also attend AA and a weekend treatment program. Since The ATC mandates twice weekly substance abuse counseling, the offender is further monitored through comprehensive treatment progress reports and direct contact of the intensive probation officer with the treatment provider. If necessary the Probation Officer can have daily or bi¬ weekly contact with the participants. Contacts are: Contact Type:* If other, please describe: Describe how the above information differs from previous years' procedures:" Face to Face, In Writing/E-mail, By Telephone It does not differ-it remains the same. Judicial Supervision Status Review Hearings* How frequently does the participant appear before the judge for status review hearings? The frequency of appearance depends again on the Phase of the participant. In Phase I they appear before the judge at least every other week. In Phase 2 and Phase 3 they appear at least once a month. In Phase 4 they are again returned to apppearing at every session or every other week. httn 7/mir.miTfR.Hull PRtp.r,h.net/petAnn1ica.tionPrintPreview.do?doc'umentPk—13692479051... 10/28/2013 WebGrants - Michigan Courts Page 14 of 25 Status Review Case Manageri Coordinator, Community Advocate, Program Director, Probation Agent, Hearing Defense Attorney, Treatment Providers, Peer Support/Mentor, Clinical StaffParticipants:* 3 If Other, please describe: 42 CFR Part 2 and HIPAA:* What is the program's policy and/or procedure(s) for complying with 42 CFR Part 2 and HIPAA during the status review hearing? The Oakland County Adult Treatment Court limits discussion of clinical information in open court and delegates the maintenance of clinical information to the Mental Health Court Liaison to keep the court record to a minimum. Oakland County Adult Treatment Court MHC (Mental Health Court) will ensure the early appointment of defense counsel which should further reduce these confidentiality problems by using counsel as a filter for any potentially privileged treatment information. MHC will also keep the protected health information (PHI) out of the public record through sidebar or chamber conversations for sensitive discussions. The MHC also intends to protect individual privacy with rules that limit Judges' and prosecutors' access to the "need to know" PHI to make their decisions. When do staffing meetings occur? Immediately prior to the status review hearing * Check all that apply. Who attends the judgeS) probation Agent, Defense Attorney, Treatment Providers, Community Advocate, meetings?* ^ase ^ana9ers> Coordinator, Program Director, Clinical Staff if Other, please describe: No Staffing Meeting: If no staffing meeting occurs prior to the status review hearing, explain the reason why. Explain the process for updating the team on each participant's status. Describe how the above information it does not differ,differs from previous years' procedures:* Drug Testing Drug Test Frequency?'1 How frequently are participants required to submit to alcohol and/or drug testing? Drug testing procedures are standardized and all urine samples are randomly observed or observed upon specific request. The Probation Department utilizes instant, 12-panel drug tests until a profile is established regarding the preference, with 12-panel tests administered randomly to offset the likelihood of a transfer of drug preference. Participants are randomly tested, one to seven times per week, either at probation, through WebCirants - Michigan Courts Page 15 of 25 the Results division of the Oakland County Sheriffs Department or the JAMS (Jail Alternatives for Michigan) agency locations. Alcohol monitoring occurs on a specific probation order, using both portable and on-site breathalyzers. The ATC uses a 12-panel test which includes: Cocaine, amphetamines, meth- amphetamine, THC, methadone, ecstasy, opiates, oxycotton, propoxyphene, PCP, barbiturates and benzodiazipine. What type of drugs does the drug/DWI court program test for? Check all that apply. Drugs Tested?*Marijuana, Cocaine, Benzodiazepine, Oxycodone, MDMA, Barbiturates, Bath Salts, Opioids, Amphetamine, Methamphetamine, Methadone, PCP, Synthetic Marijuana If Other, please describe Does your program utilize a testing agency for drug and alcohol testing? YesDrug TestingAgency:* If yes, list which agency(s) arebeing utilized Currently we are utilizing three different agencies which are Results, a division of the Oakland County Sheriffs Department; JAMS (Jaii Alternatives for Michigan); and Precsion Testing. Additionally MDOC does their own testing as does our treatment providers. Does your drug/DWI court program perform alcohol and drug testing? Perform Alcohol and Drug Testing?" If yes, Hstwho performs the testing: Yes All of the above agencies provide both drug and aicohol testing. Who is notified of the test results? How soon is notification made concerning positive test results? Test Result Notification:Test results are collected by the probation officers and are generally available within a 48- hour period. What is the response to a positive alcohol or drug test result? Positive Result Response?' Describe how the above information differs from previous years' procedures:* A positive test leads to both legal and treatment responses from the Judge and treatment provider respectively. Legal responses vary from a simple warning for a first positive test, enhanced treatment requirements for second offenses and, finally, to incarceration for three or more positive drug screens. Additional court responses may include requiring additional testing, supplementary AA or NA meetings and/or increased treatment level or intensity. The ATC now utilizes a third testing provider-Precision Testing. Incentives List Incentives your program uses List the reason an incentive is used Who can award an Incentive and when does this happen Applause/Verbal Praise Program compliance, sobriety milestones or other httiW/mir.mirts rhillpsfprVi npt/crptAnnlir.atinnPrintPrp.vipw Hn9Hnr.nm(=>ntPV=1 ^6Q947Q0S1 1 0/98/9011 WebGrants - Michigan Courts Page 16 of 25 from Judge accomplishments such as completing residential treatment successfully or other program requirements.The entire team applaudes in the court session. Gift Basket/Token gifts. When a participant has exhibited some consistency in their program compliance or when the team feels that the participant has accomplished something over and above or just to reinforce some positive behavior that the participant has demonstrated recently (like honesty). Anyone on the team can nominate a particiapantfor the gift basket which are given out during the court session. Phase Advancement/Gift Cards/Certificates of Accomplishment To acknowledge consistent accomplishment and progress. This particular incentive is based on both time and program compliance. Again the entire team discusses if participants are appropriate for Phase advancement at case conference and advancement occurs during court session. Reduced reporting or court appearances. When a participant has completely demonstrated that they are committed to their recovery; this can never be utilized during Phase 1. This can be decided by probation officer; but as a general rule entire team discusses it and it also occurs as part of our program. It can be rewarded at any time by PO but usually is rewarded by Judge during court session. Excused early from court session. For Phase 4, participants that are demonstrating not oniy complete compliance but committment to their recovery. The entire team and it is announced during court session. Bus Passes Given to promote program compliance for those who do not have transportation; however, the participant has to demonstrate that they are utilizing the bus pass for program requirements. Probation officers can award at any time they deem appropriate. One Week "free" Drug Testing Coupon(about a $45.00 value). When a participant demonstrates exceptional compliance or other outstanding behavior - honesty, community service beyond requirements, implementing the steps by helping others, etc. The entire team can nominate a participant for this but drug court supervisor must approve (for funding reasons)and this is rewarded during court session. Sanctions List Sanctions your program uses List the reason a Sanction is used Who can administer a Sanction and when does this happen Admonishment from Judge/No Applause This could be given out for multiple non-compliance behaviors, i.e. missed appointments, curfew violations, inappropraite behavior in treatment program, tardiness, failure to provide documentation or homework, missed drug tests, etc. The entire team decides at case confernece and the admonishment occurs during the court session. Increase drug screening and/or PBT's. When a participant may be showing signs of relapse potential or is suspected to be using. Further, this may be used after missed tests, diluted tests,positive tests, tampered tests, etc. The probation officer can immediately determine if testing should be increased and the entire team can also suggest this as sanction. The particiapnt is told immediately. Return to residential treatment or 3/4 housing. This may be for a brief intervention (such as a Stop or Weekend Wake weekend which are typically 3 days) or for a longertime frame depending on the reason for returning, i.e., relapse signs, missing screens/meetings, positive screens, etc. Generally the entire team makes thedecision to have the participant return to treatment but the PO does have discretion to decide independantly if participant needs to return asap. Otherwise this is presented in court session. WWAM days/Community Service These are Community Service days supervised by our Community Corrections division. They are given generally for missed or diluted screens but can be given for lying, missing program requirements,absconding from treatment for brief period, curfew vioaltions, failing to complete an assigned essay, etc. Again generally the entire team assigns this sanction and it is handed out during court. Team Round Table with participant. Used in many situations to intervene with participants when they seem to be veering off track or when some issue arises that does not really deserve a true sanction but issue needs to be addressed. The entire team and it generally occurs prior to or after court session. Essays/Journaling/Written Apologies. Used on in an ad hoc manner when the participant seems toneed more education or introspection regarding their behavior.We often have participants journal on their 12-step meetingsso that we are sure they are not only attending but are engaged. The entire team ususally decides on this sanction during court but PO can also determine and hand out independantly. i i . xt»I i i /t^nnci i n/OO/om 1 WebCirants - Michigan Courts Page 17 of 25 Jail Dishonesty, continued use (not just first relapse), absconding from program, driving without license, any violent behavior,failure to report to probation or court, repeated non¬compliance despite other graduated interventions,any tampering with drug testing.etc. The team generally decides but the Judge has final decision and this can occur at any time including during session. Alcohol tether After repeated drinking incidents or repeated missed PBTs.Probation officer can decide independentof team and install asap. Increased court or probation reporting. Used for everything from missed screens,missed court hearings to positive screens. Team decides but so can PO independently and therefore it can happen at any time as deemed necessary. Termination from program Automatic if participant misses three sessions in a row(usually a six-week period) or if the participant commits a violent crime.Aiso can be terminated for 'cycling' thru all other interventions without changing their behavior. This is always an entire team decision and always occurs during court session. Graduation Requirements Graduation Requirements:* Discuss the program's requirements for graduation. To graduate, a participant must successfuiiy complete all four stages of the ATC as outlined above. The participant must be clean and sober for a minimum of four consecutive months, successfully complete al! treatment goals and community service assignments, must have paid all fees and fines and must be enrolled in school or working. They must also have an association with an aftercare-type support system. When a participant completes all the requirements of the ATC program, he/she becomes eligible to graduate, but may still be continued on probation which still requires reporting and drug testing until their probation sentence has been fulfilled. They are also required to continue attendance at the aiumni group meetings. After graduation, the participant is not required to return to court sessions, unless there is a violation of probation for positive drug testing. In this case, the participant may then be required to report to court session(s), as they may need some heip, such as mentoring, to get back on track. ?rm?r?.r*adUati0n the participant will be supervised on standard probationoccurs: Describe how the aboveinformation differs from previous years' procedures:* It remains the same. Expulsion Criteria Termination Criteria:" Explain the criteria for terminating a participant from the program. 1ittn://micourts.dullestech.net/eetAnr)licationPrintPreview.do?documentPk=13692479051.10/28/2013 WebGrants - Michigan Courts Page 18 of 25 If during the period of participation in the program, a participant is charged with a new felony, demonstrates assaultive conduct, or refuses to enter or continue in a mandated treatment program or modality, the ATC judge shall conduct a probation violation hearing to decide whether the participant may continue in the ATC program. After twice absconding from the program and being sanctioned, a participant may be given one further opportunity to be successful in treatment. Should the participant fail again, the participant shall be expelled from the program and his or her case will be scheduled before the ATC judge for a probation violation hearing. In the event the defendant has absconded and fails to attend the next three consecutive court sessions, he/she will be terminated from the program automatically. If later apprehended, the defendant's case will be brought before the ATC judge on a vioiation of probation and he/she will be sentenced to jail or prison according to guidelines. In the event that a participant is removed from the ATC program for other reasons, the case shall proceed before the ATC judge. Describe how the above informatiofi |t remajns same,differs from previous years' procedures:' Sustainability Plan Sustainability Plan:* Explain the plan for addressing program needs (i.e., treatment resources, team members, clinical and legal criteria, target population, program design, and funding) that are required to sustain the program when/if grant funds are no longer available. Historically, program costs for the Adult Treatment Court have been low, based on our ability to utilize Community Corrections' PA 511 funding for substance use disorder treatment. Additionally, costs of staff are low, as we utilize Michigan Department of Corrections probation staff to supervise the offenders. Also, mental health services are provided for those deemed SPMI (Severely and Persistently Mentally III) through the Oakland County Community Mental Health Authority. However, as the needs of our target population continue to grow, additional funds are needed to continue providing drug testing, transportation andtransitional housing for the indigent. These are all services in which dollars are limited through our traditional funding streams. As in recent years, we no longer recieve the $50,000 for the Drug Treatment Court Supervisor position that we used to from Community Corrections. Given the challenges above, the RESTORE Foundation, founded in 2009, was developed to assist in funding the drug court programs within the Circuit Court and eventually throughout Oakland County. While still in its infancy, the foundation has provided in FY 13 $15,000 primarily to the Adult Treatment Court to assist with drug testing, transitional housing and transportation for our indigent participants. Given the loss of Community Corrections dollars, the RESTORE Foundation has set forth a plan to increase their fund-raising efforts to sustain the programs. Due to these efforts, we are hoping that the programs can be self-sufficient in the near future. Describe how the above information N/A-Remains same, differs from previous years' weDurams - iviicnigan courts rage iv 01 Z3 procedures:* Evaluation Plan Will your program be conducting a *. process evaluation?* Will your program be conducting an y outcome evaluation?* Describe the evaluation: This year's evalution plan focuses on outcomes. Data is collected in a variety of ways, including the Circuit Court's Mainframe system, the DCCMIS, OTIS and interviews and surveys completed by participants. Outcome objectives to be measured include: recidivism of graduates;employment status of participants; participant attitudes toward drugs and alcohol, including relapses; program graduation/termination rates; and cost comparisons with other programs available to the same population. How does your program define New Conviction recidivism?* If Other, please describe: What type of charge(s) and/or conviction(s) Any misdemeanor, Any felony qualifies asrecidivism?* If Other, pleasedescribe: Drug Court Team Who are themembers of the Judge, Coordinator, Defense Attorney, Case Manager, Parole/Probation Agent, drug/DWI court Treatment Provider team?* If Other, please We also have a Mental Health Liaison and a member of our Coordinating Agency; OSAS describe: as a member of the team. Check the mechanisms for communication thai are used by the drug/DWi court team members. (Check a/7 that apply). Communication-* Journal entry usin9 DCCMIS, Phone, Fax, Staffing meeting, E-mail, In-person httr)://micourts.dullestech.net/getApplicationPrintPreview.do?documentPk—13692479051... 10/28/2013 WebGrants - Michigan Courts Page 20 of 25 If Other, please describe: Describe how the above information differs from previous years' procedures:* rRemainsthe same. Program Income Will your court program earn program income as Yes defined above?* Program Income Sources: If yes, what are the program income sources and how much is charged for each program income source (e.g., drug tests $5, participation fees $250, etc.)? Each Adult Treatment Court participant is charged $150.00 ATC participation fee once they are inducted into the program. Certification Form Authorizing Official By checking the box, I certify that the below referenced person is the Authorizing Official for the court program.* Authorizing Official Name:' Date:* Project Director By checking the box, I certify that the below referenced person is the Project Director for the court program:* Project Director Name:" Date:* Financial Officer By checking the box, Icertify that the below referenced person is the Yes Michael J. Gingell, Chair of Oakland County BOC 06/10/2013 Yes Jacqueline Howes-Evanson, Drug Treatment Court Sup 06/10/2013 Yes ,t).-.tD-.ir rln9rliimp»ntPV— 1 "3 ^094700^ 1 10/?R/20n VVCDUTcUlLS - iVllCIllgail V^UUIIS rage'zi 01 zd Financial Officer for the court program:* Financial Officer Name:* Timothy Soave, Manager of General Fiscal Services Date:4 06/10/2013 Personnel Name Position Computation Request Other Grant Or Funding Sources Local Cash Contribution Local In-Kind Contribution Total Jackie Howes- Evanson Youth andFamily Casework Supervisor $68,998 x 30% is approx. $20,500 $33.17/hour $20,500.00 $0.00 $0.00 $0.00 $20,500.00 Candace Sereno TechnicalAssistant $35,948 x 20% is approx. $7,500 $17.28/hour $7,500.00 $0.00 $0.00 $0.00 $7,500.00 CariyWiiiis College Intern $8.403/hourx 1,000 hours $0.00 $0.00 $0.00 $8,403.00 $8,403.00 JudgeJoan Young Circuit Judge $15.62(county portion) x 4 hours/wkx 52 weeks $0.00 $0.00 $0.00 $3,248.00 $3,248.00 JudgeColleenO'Brien Circuit Judge $15.62 x 4 hours/wkx 52 weeks $0.00 $0.00 $0.00 $3,248.00 $3,248.00 $28,000.00 $0.00 $0.00 $14,899.00 $42,899.00 Personnel Justification Personnel Justification* Justify personnel (i.e., wages) associated with the proposed project. These personnel costs should tie back to the Budget Request Summary and Budget Detail worksheet Drug Court Supervisor (Youth and Family Casework Supervisor): The supervisor performs the job duties of staff oversight and training, provides backup supervision for intern and liaison, coordinates biweekly conferences, monthly business meetings, court sessions, initial screening of eligibility, provides oversight to the Mental Health Liaison, gives direction to the service providers and maintains/prepares all procedure manual documents. The current employee filling this position, Jacqueline Howes-Evanson, is paid at the 5- year salary grade, based on her experience and qualifications. (Total Salary Request: $20,500) Technical Assistant: The technical assistant performs duties which include oversight/administration of the DCCMIS system; gathering, organizing, and recording data for program evaluation activities; monthly, quarterly, and annual reporting to grant funding sources, court administration, stakeholders, etc. Duties also include assisting in preparing written reports and assisting with answering program-related phone calls and requests for information. Duties may further include preparation for graduation and other program-related activities and events; and accompany professional staff on assignments to the ATC program. (Total Salary Request: $7,500) httT>://micourts.dullestech.net/2etADr>licationPrmtPreview.do?documentPk=13692479051... 10/28/2013 WebGrants - Michigan Courts Page 22 of 25 Fringe Benefits Row Percentage Request Other Grant Or Funding Sources Locai Cash Contribution Local in-Kind Contribution Total Employer FiCA 8.0%$2,800.00 $0.00 $0.00 $780.00 $3,580.00 Retirement 30.0%$10,300.00 $0.00 $0.00 $1,930.00 $12,230.00 Hospital Insurance 16.0%$5,600.00 $0.00 $0.00 $1,080.00 $6,680.00 Dental Insurance 1.0%$150.00 $0.00 $0.00 $20.00 $170.00 Vision Insurance 0%$0.00 $0.00 $0.00 $0.00 $0.00 Unemployment 0%$0.00 $0.00 $0.00 $0.00 $0.00 Worker's Compensation 0%$0.00 $0.00 $0.00 $0.00 $0.00 Life Insurance 0%$0.00 $0.00 $0.00 $0.00 $0.00 Other 1.0%$150.00 $0.00 $0.00 $20.00 $170.00 Other 0%$0.00 $0.00 $0.00 $0.00 $0.00 Other 0%$0.00 $0.00 $0.00 $0.00 $0.00 Other 0%$0.00 $0.00 $0.00 $0.00 $0.00 Totals $19,000.00 $0.00 $0,00 $3,830.00 $22,830.00 Fringe Benefits Justification Fringe Benefits Justification* Justify fringe benefit costs associated with the proposed project These fringe benefits should tie back to the Budget Request Summary and Budget Detail worksheet. Drug Court Supervisor: Fringe benefits are paid according to the Oakland County Merit System. The amount is projected based upon a formula and the employee's actual expenditures. (Total Fringe Benefit Request: $12,500) Technical Assistant: Fringe benefits are paid according to the Oakland County Merit System. The amount is projected based upon a formula and the employee's actual expenditures. (Total Fringe Benefit Request: 6,500) Contractual Contractor Computation Services to be Provided Request Other Grant or Funding Source Local Cash Contribution Locai In- Kind Contribution Total Office ofSubstance Abuse Approximately$100,000 Group and individual therapy services - group services areeither $18/day or$27/day depending on size of group. Individual services $0.00 $100,000.00 $0.00 $0.00 $100,000.00 J.,11 * U A Man; 1 1 0/'?8/901 vvcuvjicuiis - iviioingoii ¦ouuiib rdgc z.J oi Services are $63/day.(PA511 funds through Community Corrections) Solutions to Recovery Approximately $6,940 Transitional housing expendituresfor participants in the program (move-in fees $19/day - cost of housing is approximately $22/day). Funds to come from Restore Foundation. $0.00 $0.00 $6,940.00 $0.00 $6,940.00 $0.00 $100,000.00 $6,940.00 $0.00 $106,940.00 Contractual Justification Contractual Justification* Justify contractual costs associated with the proposed project. These contractual costs should tie back to the Budget Request Summary and the Budget Detail Worksheet Includes transitional housing, group and individual therapy sessions. Supplies Item Computation Request Other Grantor Funding Source Local Cash Contributions Local in-Kind Contributions Total Workshopsand Meetings Approximately $1,000 - money from the Restore Foundation for graduation team meetings and other $0.00 $0,00 $1,000.00 $0.00 $1,000.00 incentives Approximately $3,000 - money from the Restore Foundation for providing incentives to participants $0.00 $0.00 $3,000.00 $0.00 $3,000.00 Drug Testing Materials Approximately $6,000 - money from the Restore Foundation for providing drug testing kits, materials, and screens $0.00 $0.00 $6,000.00 $0.00 $6,000.00 Defense Attorney Fees $50/hour x approximately 40 hours each month for attending meetings, court hearings, correspondence,and other duties $0.00 $0.00 $24,000.00 $0.00 $24,000.00 $0.00 $0.00 $34,000.00 $0.00 $34,000.00 Supplies Justification http://micourts.dullestech.net/getApplicationPrintPreview.do?documentPk=13692479051... 10/28/2013 WebGrants - Michigan Courts Page 24 of 25 Supplies Justification'" Justify supply costs associated with the proposed project. These supply expenses should tie back to the Budget Request Summary and Budget Detail worksheet. Operating expenditures to help operate the Adult Treatment Court. Funding for graduation ceremonies, team meetings, incentives for participants, drug testing materials, and paying for defense attorney fees. Travel Type of Travel Expenses Computation Request Other Grantor Funding Source Local Cash Contributions Local In-Kind Contributions Total Client Transportation Approximately $2,000 - money from the Restore Foundation for providing bus passes to participants $0.00 $0.00 $2,000.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $2,000.00 Travel Justification Travel Justification* Justify travel costs associated with the proposed project. The costs should tie back to the Budget Request Summary and the Budget Detail worksheet Funding to provide bus passes for participants to make it to meetings and court. Other Sources of Funding Other Sources of Funding' PA511 funding, Restore Foundation Funds, and General Funds Personnel Summary Budget Request Other Grant Or Local Cash In-Kind Total J-,-, 11A J ÿ->nfiT3i-iri oiir Ar\1A'X^004700^ 1 1 OA? R/^O 1 ^ WebCirants - Michigan Courts Page 25 of 25 Category Funding Source Contributions Contributions Cost Personnel Total $28,000.00 $0.00 $0.00 $14,899.00 $42,899.00 Fringe Benefits Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions In-Kind Contributions Total Cost Fringe BenefitsTotal $19,000.00 $0.00 $0.00 $3,830.00 $22,830.00 Contractuai Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions In-Kind Contributions Totai Cost Contractual Total $0.00 $100,000.00 $6,940.00 $0.00 $106,940.00 Supplies Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions In-Kind Contributions Total Cost Supplies Total $0.00 $0.00 $34,000.00 $0.00 $34,000.00 Travel Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions In-Kind Contributions Total Cost Travel Total $0.00 $0.00 $2,000.00 $0.00 $2,000.00 Total Budget Budget Category Request Other Grant Or Funding Source Local Cash Contributions In-Kind Contributions Total Cost Total $47,000.00 $100,000.00 $42,940.00 $18,729.00 $208,669.00 httn://micourts.dullestech.net/eetAot)licationPrintPreview.do?documentPk=13692479051... 10/28/2013 FISCAL NOTE ,(MISC. #13288) November 13, 2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSONIN RE: CIRCUIT COURT - 2014 MICHIGAN DRUG COURT GRANT PROGRAM (ADULT TREATMENT COURT) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Circuit Court has received a grant award from the State Court Administrators Office (SCAO), Michigan Drug Court Grant Program (MDCGP), for the Adult Drug Court, in the amount of $47,000 for the period of October 1, 2013 through September 30, 2014. 2. The total program budget is for $208,669 which includes an award from SCAO of $47,000; PA 511 Community Corrections contributed funding of $100,000, General Fund support of $42,729 ($18,729 personnel support and $24,000 operating support) and a Restore Foundation donation of $18,940. 3. There are two (2) full-time eligible positions that are partially funded by the Adult Treatment Court totaling $47,000. These positions are funded as follows: One (1) special revenue, full-time eligible Youth and Family Caseworker Supervisor (3010402-09712). This position is funded as follows: Adult Treatment Court SCAO funds totaling $33,000 and the remainder of the costs are offset by the Juvenile Drug Court program (Child Care Fund). One (1) special revenue, full-time eligible Technical Assistant position (3010402-10677). This position is funded as follows: Adult Treatment SCAO funds totaling $14,000 and the remainder of the costs are offset by the Juvenile Drug Court program (Child Care Fund) and also supports the Urban Drug Court Initiative (UDCI) Program. 4. The General Fund personnel support is estimated to be $18,729 for FY 2014. This amount is derived by estimating Judges' time and Support staffs' time spent on the drug courts. Please note the Judges salaries are reimbursed by the State. The General Fund personnel support is included in the FY 2014 Adopted Budget. 5. Total operating costs for the Adult Drug Court Program are $142,940 of which, $100,000 is PA 511 Community Corrections contributed funding; $24,000 is General Fund budgeted operating support and $18,940 is a Restore Foundation donation. 6. A FY 2014 budget amendment is recommended as follows: General Fund #10100 FY 2014 Amendment FY 2014 Circuit Court Judicial Administration Adopted Amended Revenue 3010101-121200-650301 Donations §_0 $18,940 $18,940 Total Revenue $_0 $18 940 $18,940 Exoenditure 3010101-121200-788001-271 SOTrans Out to ATC Fund 0 $18,940 $18,940 Total Expenditure 0 $18,940 $18,940 Special Revenue Fund #27130 Project #GR0000000233 Activity GLB, Analysis Type GLB Revenue 3010301-121200-695500-101 OOTrans In from GF-Cir Ct $0 $18,940 $18,940 3010301-121200-615571 Grants State $30,000 17.000 47.000 Total Revenue $30,000 $35,940 $65,940 Expenditure 3010301-121200-702010 Salaries $19,000 $9,000 $28,000 3010301-121200-722750 Workers Compensation 136 53 189 3010301-121200-722760 Group Life 34 8 42 3010301-121200-722770 Retirement 4,063 2,865 6,928 3010301-121200-722780 Hospitalization 5,400 3,281 8,681 3010301-121200-722790 Social Security 842 1,645 2,487 3010301-121200-722800 Dental 219 162 381 3010301-121200-722810 Disability 155 37 192 3010301-121200-722820 Unemployment Insurance 41 4 45 3010301-121200-722850 Optical 110 (55)55 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. 3010301--121200-731416 Private Institutions-Res 0 6,940 6,9403010301'-121200-731997 Transport of Clients 0 2,000 2,0003010301--121200-732165 Workshops & Meetings 0 1,000 1,000 3010301--121200-750245 Incentives 0 3,000 3,0003010301--121200-750280 Laboratory Supplies 0 6.000 6,000Total Expenditure $30,000 $35,940 $65,940 FINANCE COMMITTEE Resolution #13288 November 13. 2013 Moved by Crawford supported by Jackson (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted), AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 November 13, 2013, 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 13th day of November 2013. I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANTTO MCL46.559A (7) Lisa Brown, Oakland County