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HomeMy WebLinkAboutResolutions - 2016.12.08 - 22731MISCELLANEOUS RESOLUTION #16350 December 8, 2016 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - MICHIGAN DEPARTMENT OF CORRECTIONS/OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE FOR FY2017 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for $1,848,953 in grant funds for the period of October 1, 2016, through September 30, 2017; and WHEREAS the MDOC has awarded Oakland County a 2016/2017 Community Corrections grant in the amount of $1,773,952 which is $75,000 less than the amount requested in the application; and WHEREAS the MDOC holds the contracts for all residential services meaning that an additional $1,681,738 award has been allocated for Residential Services but will not be recorded as income; and WHEREAS the amount of $1,773,952 is the County's responsibility as shown on Schedule A; and WHEREAS the grant funds the following Community Corrections Division positions: ten (10) Community Corrections Specialists II (positions #07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09648, 09649; one (1) PTNE Community Corrections Specialist ll (position 09292), one (1) Office Assistant II (position #09295), and one (1) PTNE Community Corrections Specialist I (position #09397); and WHEREAS the grant also funds 50% of the following positions in Community Corrections one (1) Community Corrections Support Specialist (position #07834) and one (1) Supervisor-Community Corrections (position #09396), which are partially GF/GP funded; and WHEREAS the grant funds the following Sheriff's Office positions. three (3) Inmate Caseworkers (positions #07418, 07419, and 07420), one (1) PTNE Office Assistant IL (position #07417), and one Inmate Casework Specialist (position #07421); and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant; however, it should be noted that the FY2017 Budget of this grant includes two (2) positions (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections; and WHEREAS the grant agreement has completed the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2017 Community Corrections grant from the Michigan Department of Corrections in the amount of $1,773,952. BE IT FURTHER RESOLVED that the County is financially responsible for $1,773,952 and that the State contracts directly for residential services of $1,681,738. The future level of service, including personnel will be contingent upon the level of funding available from the State. BE IT FURTHER RESOLVED that the following Special Revenue (SR) positions be continued in Community Corrections: #1070402-07425, 07426, 07429, 07432, 07433, & 09247; 1070410-09243, 09291, 09648, 09649, 09292, 09295 & 09396; 1070403-07834; and 1070410-09397. BE IT FURTHER RESOLVED that the following SR positions be continued in the Sheriffs Office: #4030320-07417, 07418, 07419, 07420 and 07421. BE IT FURTHER RESOLVED that the Board of Commissioners approves the grant agreement with the understanding that in the event of a conflict between the terms of the MDOC Vendor Handbook for Employees Working with Probationers and Parolees Under Supervision with MDOC (Vendor Handbook) and any Federal or State laws or regulations, Grantee labor agreements, and Grantee Human Resources and Sheriff's Department policies and procedures, the Federal or State laws or regulations, Grantee labor agreements, Grantee Human Resources and Sheriffs Department policies and procedures will supersede any contrary terms contained in the Vendor Handbook. BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to forward a copy of this resolution and the three-page October 28, 2016 Letter to the Michigan Department of Corrections Deputy Director from Oakland County Corporation Counsel to the members of the Michigan congressional delegation, the Governor of the State of Michigan, State Senate Majority and Minority Leaders, the State PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with KowaII absent. House Speaker and Minority Leader, members of the Oakland County delegation to the Michigan Legislature and the Director of the State of Michigan Department of Corrections. Chairperson, on behalf of the Public Services Committee, l move the adoption of the foregoing resolution. PUBLIC SERVICBS COMMITTEE 4:19351MINimilwas. COAI(LANIDF COUNTY MICHIGAN CORPORATION COUNSEL OAKLAND COUNTY EXECUTIVE L. BROOKS PATTERSON Keith J. Lermlniaux, Corporation Counsel (248) 858-0557 i lerminiauxkaoakgov.core Heather Lewis, Assistant Corporation Counsel (248) 858-2003 I iewish@oakgov.corn October 28, 2016 Sent via e-mail Deputy Director Sherry, I am writing to request your assistance in obtaining changes to the MD 0 C Vendor Handbook for Vendor Employees with Probationers and Parolees Under the Supervision with the MDOC-Field Operations Administration which is part of grant agreement No. CPS-2017-1-24, Oakland County has been communicating its concerns to your department since September 8th. Although the Handbook was recently revised, the new version contains many of the same concerns I previously expressed to your department. The Handbook appears to be more geared to employees who work inside a state correctional facility as opposed to employees and contractors who perform work in a less secure setting. As you are likely aware, the grant provides Oakland County Community Corrections funds to provide services to high risk probationers, such as counselling and case management. Services are provided at the Oakland County jail, Oakland County Sheriff Department offices, local courts and Oakland County Community Corrections Offices. Those providing services include Oakland County employees and some subcontractors, such as counselors who facilitate groups. Some of the Oakland County employees work for the Oakland County Sheriff (drug testing, case management and facilitating groups) and some are subject to collective bargaining agreements, but the vast majority work under our Community Corrections program who are subject to Oakland County Merit Rules. The positions of sixteen employees are paid under the grant. Approximately 60 individuals provide services for the County's Community Corrections Division. None of the employees or contractors enters MDOC secure facilities or Field Operations Administration (FOR) facilities. One of the biggest concerns we have with the grant is that it appears to apply to all Oakland County employees. The grant is between MDOC and Oakland County. Sec. 1.8 of the contract requires the County to have "all its employees, to read and sign the MDOC Vendor Handbook..." We would appreciate clarification within the grant that the MDOC Vendor Handbook applies to "employees working under the Contract that provide direct services or handle or have access to offender records". Additionally, the Grantee should be clarified to be Oakland County, through its Community Corrections Division. As far as the Handbook, there are four primary concerns. 1200 North Telegraph Road I Building 14E I Pontiac, Ml 48341 1 Fax (248) 858-1003 I OakGov.com Deputy Director Sherry October 28, 2016 Page 2 1. Stop Orders: The ability under the grant for the MDOC to issue a Stop Order against our employees and contractors. The preamble in the Handbook states: Any violation of the Vendor Employee Handbook may result in a Stop Order being issued against the Employee, the Employee's removal from his/her assignment under the Contract and may result in additional sanctions from the Vendor and/or law enforcement. Our employees are covered by either collective bargaining agreements or Oakland County Merit Rules, A Stop Order issued by MD 0 C would potentially strip them of the guaranteed protections they have with their employer, Oakland County. As the Handbook is currently written, there are no due process protections such as the right to a hearing, or to an appeal process. This violates protections that have been given to our employees under our Merit System, which was approved by the voters of Oakland County. The employees covered by collective bargaining agreements have protections which we may be unable to provide if a Stop Order was issued by MDOC. We may also need to renegotiate contracts with our Contractor to include immediate termination in the event a Stop Orders is issued. We are concerned that Stop Orders issued by MDOC could result in litigation against Oakland County. Surrendering our right to determine when an employee should be suspended terminated or reassigned, interferes with our employer-employee relationship. .... In the event of a Stop Order issued by MDOC, the County would most likely need to remove the employee from any work with clients under this grant, and require a transfer to a different department. This could effectively result in termination or demotion, as there might not exit an open position the employee was qualified to fill. 2. Rule, Policies, Procedures, Regulations we are not familiar with. The second concern we have with the Handbook is the requirement in Rule 13, for employees to be familiar with and to act in accordance to MDOC rules, regulations, policies, procedures, post orders and work statements. We have not been provided with these and are unable to make a determination if complying with this requirement will be problematic. 3. Medication Reporting Requirements. Rule 23, requires an employee to notify their supervisor if they are taking certain prescription medications and the prohibition of possession and/or use of medication as they may conflict with the Americans with Disabilities Act or the state Medical Marihuana Act. The County may not be able to require an employee who is being prescribed medication for a mental health condition, to disclose that information nor may we be able to require reporting on the use of medical marijuana outside of working hours, 4, Prohibition on Firearms Possession. Finally, under "Employee Permitted Items" in the Definitions, the Handbook states that employees may not possess firearms. We plan to contract with Oakland County jail to provide drug testing services and the tests are administered by Oakland County Sheriff Deputies while on duty at Oakland County Sheriff offices, They are required to be in full uniform and possess their side arms. We would greatly appreciate the opportunity to discuss our concerns with IVIDOC. There are also additional sections in the Handbook that we would also like to discuss. So far, our attempts to express our concerns have not been as productive as we would have hoped. We would be most appreciative of having the opportunity to talk to you or even provide you with a redlined version of the Handbook to indicate all of 1200 North Telegraph Road I Building 14E I Pontiac, MI 48341 Fax (248) 858-1003 I OalcGov.com Deputy Director Sherry October 28, 2016 Page 3 the changes we would like to be considered. I would greatly appreciate having you contact me as soon as possible to discuss these matters or to provide me with someone at MDOC who is willing to work with us to resolve our concerns. We have talked to our colleagues in Kent and Ingham Counties and they have similar concerns and may be contacting you as well. I am often out of the office on Tuesdays and Wednesdays, so feel free to contact Deputy Corporation Counsel joellen Shortley at 248.858-2155 if I am not available. She is familiar with the matter and can discuss it with you as well. Sincerely, OAKLAND COUNTY CORPORATION COUNSEL t Heather Lewis Assistant Corporation Counsel 1200 North Telegraph Road I Building 14E I Pontiac, MI 40341 I Fax (248) 858-4003 I DakGov,corn GRANT REVIEW SIGN OFF — Community Corrections GRANT NAME: FY 2017 Michigan Department of Corrections Comprehensive Corrections Plans Grant FUNDING AGENCY: Michigan Department of Corrections — Office of Community Corrections DEPARTMENT CONTACT PERSON: Barbara Hankey / 451-2306 STATUS: Grant Acceptance DATE: November 15, 2016 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 placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: I approve on the condition that a subsequent amendment to the grant will be required sometime during the term of the agreement, with the effect of either a reduction in expenditures and/or an increase in revenues so that the overall grant is in balance. — Laurie Van Pelt (8/31/2016) Department of Human Resources: HR Approved (No HR Committee at this time) —Lori Taylor (11/14/2016) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (9/1/2016) Corporation Counsel: We are waiting to receive a response from the Michigan Department of Corrections concerning several outstanding legal issues we identified, concerning the Handbook that is incorporated into the grant agreement. — Joellen Shortley (11/15/2016) From: To: Cc: Subject: Date: Van Pelt. Laurie M West Catherine A; Taylor. Lori; Davis Patricia G; Schultz. Dean 3 113key. Barbara it Brockmiller. Terri 5; ScaIf, 13_onnie L; 5onkIss, Lynn C; Hr. Gala V RE: GRANT REVIEW: Community Corrections FY 2017 Michigan Department or Corrections / Office of Community Corrections Grant Acceptance Wednesday, August 31, 2016 5:30:06 PM I approve on the condition that a subsequent amendment to the grant will be required sometime during the term of the agreement, with the effect of either a reduction in expenditures and/or an increase in revenues so that the overall grant is in balance. From: West, Catherine A Sent: Wednesday, August 31, 2016 4:45 PM To: Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean J Cc: Hankey, Barbara M; Brockmiller, Terri S; Scalf, Bonnie L Subject: GRANT REVIEW: Community Corrections - FY 2017 Michigan Department of Corrections / Office of Community Corrections Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS Laurie Van Pelt — Lori Taylor— Dean Schultz — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Community Corrections FY 2017 Michigan Department of Corrections I Office of Community Corrections Grant Michigan Department of Corrections 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: September 8, 2016 GRANT INFORMATION Date: August 31, 2016 Operating Department: Community Corrections Department Contact: Barb Hankey Contact Phone: 248 451 2306 Document Identification Number: CPS-2017-1-24 REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2016 through September 30, 2017 Original source of funding: State general fund Will you issue a sub .award or contract: Contracts will be secured with Oakland County From: To: Cc: Subject: -Date: Taylor. Lori West Catherine A; Lewis _Heather L; liankey, Barbara M Newman, Mark W Aclogiu-Jones. Ebra; Shortlev, Mellen; J3rockmilleL, Terri Son kiss. Lynn C; Fir. Gak Y; Mason. Heather L Re: No news Monday, November 14, 2016 3:50:31 PM HR Approved (No HR Committee at this time) Get Outlook for iOS On Mon, Nov 14, 2016 at 2:41 PM -0500, "West, Catherine A" <westQa@oakgov,com> wrote: The MDOC handbook is still pending, but it's my understanding that the intention is to include the grant agreement on the next round of BCC agendas regardless of whether this is resolved before the Public Services and Finance deadlines. In order to do the grant sign off, we'll need review comments (Approve, Disapprove with explanation) from Corporation Counsel and HR. If there is still no resolve with MDOC, the decision will need to be made by the Commissioners as to whether to accept the contract or pursue the issue further. Please keep everyone informed if there are any updates from the state or if the plan to take the grant agreement to the next round of BOC committee meetings changes. I'm in the office tomorrow until about 1:45 pm, but I will be gone at training the remainder of the week. I will leave my file with Ebru Adoglu-Jones tomorrow so please send your review comments to her no later than Thursday. Thank you, Katie West Grant Compliance and Program Coordinator Fiscal Services/Management 81, Budget Oakland County, Michigan (248) 858-2384 westca(aoakaov-corn Hours: Mon. — Thur. 7:00am — 5:30pm From: Hankey, Barbara M Sent: Thursday, November 10, 2016 9:04 AM To: West, Catherine A; Newman, Mark W; Lewis, Heather L Cc: Shortley, Joellen Subject: RE: No news Nothing yet. Barb Hankey , From To Cc: Subject: Date: Zrienbeck, Robert West, Catherine A; Van Pelt, Laurie M; Taylor. I on; Davis Patrlda G; Schutz, Dean ) hlankey Bari2ara M; Drockmiller. Terri ; 5calf. Bonnie]. RE: GRANT REVIEW: Community Corrections - FY 2017 Michigan Department of Corrections / Office of Community Corrections Grant Acceptance Thursday, September 01, 2016 7:37:25 AM Approved by Risk Management, RE. 9/1/16, From: Easterling, Theresa Sent: Thursday, September 01, 2016 7:29 AM To: West, Catherine A; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean 3 Cc: Hankey, Barbara M; Brockmiller, Tern S; Scalf, Bonnie L Subject: RE: GRANT REVIEW: Community Corrections - FY 2017 Michigan Department of Corrections / Office of Community Corrections Grant Acceptance Please be advised that your request for Risk Managements assistance has been assigned to Bob Erlenbeck, (ext. 8-1694). If you have not done so already, please forward all related information, documentation, and correspondence. Also, please include Risk Management's assignment number, RM16-0437, regarding this matter. Thank you. From: West, Catherine A Sent: Wednesday, August 31, 2016 4:45 PM To: Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean 3 Cc: Hankey, Barbara M; Brockmiller, Terri S; Scalf, Bonnie L Subject: GRANT REVIEW: Community Corrections - FY 2017 Michigan Department of Corrections / Office of Community Corrections Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS Laurie Van Pelt — Lori Taylor — Dean Schultz — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Community Corrections FY 2017 Michigan Department of Corrections Office of Community Corrections Grant Michigan Department of Corrections Attached to this email please find the grant document(s) to be reviewed. Plea lse 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: September 8, 2016 GRANT INFORMATION From: To: Cc: Subject: Date: Shortley Joelien West. Catherine A; NewinaLLIlark_16t; Hankey, Barbara M AdociturJones. Ebrki; Pk. Gala V; Sonkiss, Lynn C; .13.riithalUIJSE15; Taylor. Lorb, Mason, Heather L; Heather L RE: No news Tuesday, November 15, 2016 10:39:03 AM Katie, The grant review response from Corporation Counsel is we are waiting to receive a response from the Michigan Department of Corrections concerning several outstanding legal issues we identified, concerning the Handbook that is incorporated into the grant agreement." %Noe Joellen Shortley, Deputy Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3'd Floor Pontiac, MI 48341 Phone Number: (248) 858-2155 Cell Phone Number: (248) 420-7639 Fax Number: (248) 858-1003 E-mail: ,shorti y)Onakgpv.corn PRIVIL ED AND CONFIDENTIAL—ATTORNEY CLIENT COMIVILINIS2LIM This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client privilege and work product doctrine, This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. individuals are advised that any dissemination, reproduction or unauthorized review . of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. From: West, Catherine A Sent: Monday, November 14, 2016 2:42 PM To: Hankey, Barbara M; Newman, Mark W; Lewis, Heather L Cc: Shortley, kellen; Adoglu-Jones, Ebru; Piir, Gala V; Sonkiss, Lynn C; Brockmiller, Terri S; Taylor, Lori; Mason, Heather L Subject: RE: No news The MDOC handbook is still pending, but it's my understanding that the intention is to include the grant agreement on the next round of BOC agendas regardless of whether this is resolved before the Public Services and Finance deadlines. In order to do the grant sign off, we'll need review comments (Approve, Disapprove with explanation) from Corporation Counsel and HR. If there is still no resolve with MDOC, the decision will need to be made by the Commissioners as to whether to accept the contract or pursue the issue further. Please keep everyone informed if there are any updates from the state or if the plan to take the grant agreement to the next round of BOC committee meetings changes. I'm in the office tomorrow until about 1:45 pm, but) will be gone at training the remainder of the week, i will leave my file with Ebru Adoglu-Jones tomorrow so please send your review comments to STATE OF MICHIGAN DEPARTMENT OF CORRECTIONS OFFICE OF COMMUNITY CORRECTIONS P.O. BOX 30003 LANSING, MICHIGAN 48909 GRANT NO. CPS-2017-1-24 between THE DEPARTMENT OF CORRECTIONS and GRANTEE NAME AND ADDRESS: Oakland County 250 Elizabeth Lake Road, Ste. 1520 Pontiac, MI 48341 GRANTEE CONTACT: Barbara Hankey GRANTEE TELEPHONE: 248-451-2306 GRANTEE FAX: 248-451-2319 STATE-MDOC CONTACT: Linsey LaMontagne DESCRIPTION OF GRANT: Community Corrections — Provide program services that shall enhance jail utilization, reduce the prison commitment rate, and impact recidivism. GRANT PERIOD: 1 Year FROM: TO: October 1, 2016 September 30, 2017 TERMS Net MISCELLANEOUS INFORMATION: In the event of any conflicts between the specifications, terms and conditions indicated by the State-MDOC and those indicated by the Grantee, those of the State-MDOC take precedence. The signatories warrant that they are empowered to enter into this Grant and agree to be bound by it. TOTAL AUTHORIZED BUDGET: $1,773,952.00 State Contribution: Comprehensive Plans and Service $1,478,775.00 Drunk Driver Jail Reduction Community Treatment $295,177.00 FOR THE GRANTEE: Firm Name Authorized Agent Signature FOR THE STATE: Signature Jeri-Ann Sherry Name Deputy Director Authorized Agent (Print or Type) Title Date Date 1 PART I — PROGRAM REQUIREMENTS 1.0 Statement of Purpose Funds provided through this Grant are intended for providing services pursuant to Public Act 511 of 1988; and are based upon a local Comprehensive Corrections Plan that has been developed that outlines local goals, objectives, and priorities to decrease prison admissions and increase utilization of community-based sanctions and services for non-violent offenders, improve jail utilization; and the Michigan Department of Corrections (State-MDOC) has approved the Comprehensive Corrections Plan and the award of Community Corrections funds for continued implementation of the plan; this Grant defines the roles and responsibilities of the Grantee and the State-MDOC and the terms and conditions which apply during the term of this Grant. 1.1 Statement of Work The Grantee agrees to undertake, perform, and complete the following: The Grantee shall implement policies and procedures and deliver services to eligible offenders in accordance with the goals and objectives, standards and policies as set forth in Public Act 511 of 1988, the provisions of the State Appropriations Act, the Grantee's Comprehensive Corrections Plan and the Proposal for Community Corrections Funds (Attachment A) as approved by the State-MDOC, Office of Community Corrections (OCC). 1.2 Staffing Requirements Sex Offender Treatment Limitations - Victim Contact: The Grantee shall not encourage, initiate, or facilitate any written, verbal, or personal contact between offenders and victims for the purpose of providing any of the services specified in this Grant. Such contact is normally prohibited as a condition of parole or probation, and is expressly prohibited under the terms of this Grant, unless ordered by the court. Staffing Standards — Criminal Record: The Grantee shall only appoint employees if they do not have pending criminal prosecution, are not under the supervision of a criminal justice agency for a felony or misdemeanor, and do not have any prior felony or misdemeanor convictions without prior written approval from the Grantor before performing any services under this Grant. Employees will be denied who have active warrants, are under criminal justice supervision, have been discharged from a felony sentence within the last two years or are required to register as a sex offender. Felony offenders shall not be approved until they have been discharged from all sentences, including parole and probation supervision terms, for a minimum period of two years unless approved by the STATE. After each employee member has been approved or denied, the Contract Compliance Inspector or designee shall forward the decision to the Grantee. The Grantee shall document that no employees assigned to the grant are related as an immediate family member to an offender being treated at their facility or at the institution to which they have been assigned by the Grantee. This includes: spouse, parent, grandparent, mother-in-law, father-in-law, child, stepchild, stepbrother, stepsister, brother-in-law, sister-in-law, or other relations by blood or marriage. 2 Licensing: A. The Grantee shall ensure employees that provide substance abuse services are qualified and experienced in the contracted area of counseling as follows: Masters-level: • Must possess a Master's degree in the Behavioral Sciences (Social Work, Counseling, Psychology) and appropriate licensure through the State of Michigan to practice. • Must possess appropriate MCBAP certification (Certified Advanced Alcohol and Drug Counselor (CAADC); or minimum Certified Alcohol and Drug Counselor (CADC) at time of hire; or MCBAP-approved development- plan in place with eligibility to obtain CAADC certification within six months from time of hire. • MCBAP Certificate or development-plan status must be able to be verified through MCBAP search at any time. Bachelors-level: • Must possess a Bachelor's degree in the Behavioral Sciences (Social Work, Counseling, Psychology) • Must possess appropriate MCBAP certification (Certified Alcohol and Drug Counselor (CAD C)) at time of hire or MCBAP-approved development-plan in place with eligibility to obtain certification within six months of starting services. • MCBAP Certificate or development-plan status must be able to be verified through MCBAP search at any time. B. The Grantee shall ensure employees that provide mental health services are qualified and experienced in the contracted area of counseling as follows: Master's Degree or above and one year of experience in the contracted treatment area. Possession of a professional license or certification in mental health as appropriate. OR Bachelor's Degree or above and three years of experience in the contracted treatment area. Possession of a professional license or certification in mental health as appropriate. Other combinations of education and experience the State-MDOC considers adequate to perform the necessary task effectively and efficiently and which have been specifically approved by the State-MDOC. The Grantee must be a lawful entity duly established under the laws of the State of Michigan. 1.3 Budget and Financial Reporting A. The Grantee agrees that all funds shall be spent in accordance with the Grant Agreement.. B. Changes in the budget require approval of the State-MDOC. C. This Grant does not commit the State of Michigan (State) or the State-MDOC to approve requests for additional funds at any time. 3 D. Travel reimbursement shall be allowed solely in compliance with the State of Michigan's standardized travel regulations. Travel rates authorized by the State may be found at www.michigan.govidmb. Reimbursement of Out-of-State travel costs requires pre- approval of the State-MDOC Program Manager. 1.4 Payment Schedule Payments to the Grantee shall be made in accordance with the following terms: A. The State-MDOC shall reimburse the Grantee for actual and incurred costs to support approved program and administrative activity. Expenditure reports must be received by MDOC prior to the end of the following month. Expenditures not received prior to the end of the following month may be denied payment. B. Payments are conditional upon the Grantee's submittal of all required monthly expenditure and program data, the midyear and year-end reports, and responses to financial audits. All reports shall be completed in the format provided by the State- MDOC. C. All programs shall maintain 95% of the projected enrollment or reimbursement for those programs may be prorated. Program enrollments must be comprised of the target population identified within the approved program descriptions. Budgets may be adjusted accordingly to programs that fail to achieve expected utilization at midyear. D. Administrative costs shall not exceed 30% of the total costs submitted for reimbursement. Reimbursement of all costs may be adjusted accordingly for administrative costs that exceed 30% of the total costs submitted for reimbursement. E. The Grantee shall only submit expenditures that have occurred during the State's current fiscal year. Prior year expenditures received by the State-MDOC may be denied payment. 1.5 Program Eligibility The Grantee shall ensure that offenders enrolled within community corrections programs funded through Comprehensive Plans and Services meet the eligibility requirements approved within the Comprehensive Community Corrections Plan. The Grantee shall ensure that offenders enrolled within programs funded through Drunk Driver Jail Reduction meet the following eligibility requirements: As used in this section, "felony drunk driver" means a felon convicted of operating a motor vehicle under the influence of intoxicating liquor or a controlled substance, or both, third or subsequent offense, under section 625(9)(c) of the Michigan Vehicle Code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable as a felony. A. Convicted felony drunk driver offenders that are intermediate or straddle cell offenders with a sentencing guideline of a maximum of 18 months and the prior record variable is less than 35 points. B. Are alcohol dependent or abusing. C. Have not caused serious injury in an alcohol or drug related crash. D. Do not have a violent felony conviction in the past ten years. 4 E. Do not have more than one violent misdemeanor conviction in the past ten years. 1.6 Monitoring and Reporting Program Performance A. Monitoring: Data Program Participation and Offender Profile Data must be maintained within the data management system approved by the State-MDOC and remain current throughout the term of the Grant. If applicable, the Grantee must upload all program participation and offender profile data to the data management system approved by the State-MDOC no later than the 15 th day of each month. The Grantee shall enter program participation and offender profile data throughout the term of this Grant. Data and information are to be submitted in a format provided by the State-MDOC that at a minimum includes: 1. Data pertaining to offender participation in all programs. 2. Selected characteristics of offenders determined eligible for and enrolled in programs. B. Program Performance: The Grantee shall conduct a formal on-site assessment of each sub Grantee's program operations and fiscal administration. All on-site assessments completed by the Grantee shall be forwarded to the State-MDOC. At a minimum, the assessment should include: 1. Compliance with Grant specifications. 2. Compliance with applicable licensure requirements. 3. Compliance with pertinent Federal and State statutes. 4. Progress in resolving corrective actions required by prior assessments. C. Midyear and Year-End Reports: 1. A midyear report shall be submitted by March 15 th each year of the Grant The report is to be submitted on forms or in a format provided by the State-MDOC. 2. A year-end report, as prescribed by the State-MDOC, shall be submitted by October 31' each year of the current Grant. The report is to be submitted on forms or in a format provided by the State-MDOC. D. CCAB Meeting Minutes: The Grantee shall provide the State-MDOC with copies of local CCAB meeting minutes within 30 days of being approved by the local CCAB Board. 5 1.7 LEIN Due to Contractor staff having access to work with offenders (prisoners, parolees, probationers), the Contractor must complete the Law Enforcement Information Network (LEIN) Information Form providing the necessary information for those employees working under the Contract that provide direct services, handle or may have access to offender records, or provide supervisory services to staff performing any of the previously identified functions. The LEINs must be conducted to ensure staff working under the Contract have no outstanding warrants, no active personal protection orders for domestic violence, are not currently on probation or parole, or otherwise under the jurisdiction of any federal, State, county or local criminal justice agency, for a minimum of two years. The LEIN Information Form must be sent to the MDOC Program Manager prior to staff working with MDOC offenders and yearly following approval. In Addition, if an employee of the Contractor or subcontractor has a conviction for any of the following they may not be permitted to enter any MDOC facility which houses prisoners: I. Engaging in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility or other institution (as defined in 42 U.S.C. 1997); 2. Been convicted of engaging in, attempting to engage in or conspiracy to engage in sexual activity facilitated by force, overt or implied threats of force or coercion, or if the victim did not consent or was unable to consent or refuse; or 3. Been civilly or administratively adjudicated to have engaged in the activity described in Number 2 above. 1.8 Vendor Handbook The Contractor will require all its employees, to read and sign the MDOC Vendor Handbook For Vendor Employees Not Entering A Secure Facility (Attachment B). The purpose of the MDOC Vendor Handbook is to provide the Contractor with general information regarding basic requirements of working within the MDOC, provide notice of work rules and consequences of rule violations. The Contractor must provide copies of each signed Employee Acknowledgement to the MDOC Program Manager, at the completion of the employee's orientation and maintain a copy of the MDOC Vendor Handbook in each employee's personnel file. 6 PART II- GENERAL PROVISIONS 2.1 Project Changes The Grantee must obtain prior written approval for major project changes from the Grant Administrator. 2.2 Notice & Approvals Any Notice to any other party required by this Agreement shall be completed if submitted in writing and submitted by personal delivery with signed delivery receipt, or certified or registered mail return receipt requested. Unless either party notifies the other in writing of a different mailing address, notice to the parties shall be transmitted as indicated below: To the Grantor OCC/MDOC: Linsey LaMontagne, Grant Administrator Michigan Department of Corrections 206 E. Michigan Ave. — 5th Floor Grandview Plaza Lansing, MI 48933 To Grantee (INSERT .GRANTEE NAME): (INSERT NAME, TITLE) (INSERT GRANTEE NAME) (INSERT ADDRESS) (INSERT TELEPHONE NUMBER) (INSERT E-mail) 2.3 Record Retention The Grantee shall retain all financial records, supporting documents, statistical records, and all other pertinent records for a period of seven years or greater as provided by law following the creation of the records or documents. 2.4 Project Income To the extent that it can be determined that interest was earned on advances of funds, such interest shall be remitted to the State-MDOC. All other program income shall either be added to the project budget and used to further eligible program objectives or deducted from the total program budget for the purpose of determining the amount of reimbursable costs. The final determination shall be made by the Grant Administrator. 2.5 Purchase of Equipment The purchase of equipment not specifically listed in the Budget must have prior written approval of the Grant Administrator. Equipment is defined as non-expendable personal property having a 7 useful life of more than one year. Such equipment shall be retained by the Grantee unless otherwise specified at the time of approval. 2.6 Accounting The Grantee shall adhere to the Generally Accepted Accounting Principles and shall maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The Grantee's overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation including, but not limited to, balance sheets, general ledgers, timesheets and invoices. The expenditure of State funds shall be reported by line item and compared to the budget. Funds provided under this Grant shall be maintained or accounted for within a Special Revenue Fund. 2.7 Audit The Grantee agrees that the State-MDOC may, upon 24-hour notice, perform an audit and/or monitoring review at Grantee's location(s) to determine if the Grantee is complying with the requirements of the Grant. The Grantee agrees to cooperate with the State-MDOC during the audit and/or monitoring review and produce all records and documentation that verifies compliance with the Grant requirements. The State-MDOC may require the completion of an audit before final payment. If the Grantee is a governmental or non-profit organization, then Grantee is required to submit a single audit report to all agencies that provided Federal funds to the entity during the fiscal year being audited. If the Grantee is a commercial or for profit organization which is a recipient of Workforce Investment Act Title I funds and expends more than the minimum level specified in Office of Management and Budget (OMB) Circular A-133 ($500,000.00 as of June 27, 2003), then the Grantee must have either an organization-wide audit conducted in accordance with A-133 or a program-specific financial and compliance audit conducted. Section .320(a) of OMB Circular A-133 states the Single Audit report must be submitted to the State-MDOC within 30 days after the completion of the audit, but no later than nine months after the end of the Grantee's fiscal year. 2.8 Competitive Bidding The Grantee agrees that all procurement transactions involving the use of State funds shall be conducted in a manner that provides maximum open and free competition. When competitive selection is not feasible or practical, the Grantee agrees to obtain the written approval of the Grant Administrator before making a sole source selection. Sole source contracts should be negotiated to the extent that such negotiation is possible. 2.9 Liability The State-MDOC is not liable for any costs incurred by the Grantee before the start date or after the end date of this Grant. Liability of the State -MDOC is limited to the terms and conditions of this Grant and the grant amount. 2.10 Intellectual Property 8 Unless otherwise required by law, all intellectual property developed using funds from this Grant, including copyright, patent, trademark and trade secret, shall belong to the Grantee. 3.0 Safety The Grantee, all Contractors, and subcontractors are responsible for insuring that all precautions are exercised at all times for the protection of persons and property. Safety provisions of all applicable laws and building and construction codes shall be observed. The Grantee, contractors, and every subcontractor are responsible for compliance with all Federal, State and local laws and regulations in any manner affecting the work or performance of this Grant and shall at all times carefully observe and comply with all rules, ordinances, and regulations. The Grantee, all contractors and subcontractors shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the performance of this Grant. 3.1 Indemnification Deleted — Not Applicable 3.2 Cancellation The State may terminate this Grant without further liability or penalty to the State, its departments, divisions, agencies, offices, commissions, officers, agents and employees for any of the following reasons: (a) Termination for Cause In the event that the Grantee breaches any of its material duties or obligations under this Grant or poses a serious and imminent threat to the health and safety of any person, or the imminent loss, damage or destruction of any real or tangible personal property, the State may terminate this Grant immediately in whole or in part for cause, as of the date specified in the notice of termination. In the event that this Grant is terminated for cause, the Grantee shall be responsible for all legal remedies available to the State by law or equity or as ordered by a court of competent jurisdiction, which may include State administrative costs, reasonable attorneys' fees and court costs, and any reasonable additional costs the State may incur. (b) Termination for Convenience The State may terminate this Grant for its convenience, in whole or part, if the State determines that such a termination is in the State's best interest. Reasons for such termination shall be left to the sole discretion of the State and may include, but not necessarily be limited to (a) the State no longer needs the services or products specified in the Grant, (b) relocation of office, program changes, changes in laws, rules, or regulations make implementation of the services no longer practical or feasible. The State may terminate this Grant for its convenience, in whole or in part, by giving Grantee written notice at least thirty days prior to the date of termination. If the State chooses to terminate this Grant in part, the budget shall be equitably adjusted to reflect those reductions. (c) Non-Appropriation The Grantee acknowledges that continuation of this Grant is subject to appropriation or availability of funds for this Grant. If funds to enable the State to effect continued payment under this Grant are not appropriated or otherwise made available (including the Federal government suspending or halting the program or issuing directives preventing the State from 9 continuing the program), the State shall have the right to terminate this Grant, in whole or in part, at the end of the last period for which funds have been appropriated or otherwise made available by giving written notice of termination to the Grantee. The State shall give the Grantee at least thirty days advance written notice of termination for non-appropriation or unavailability (or such time as is available if the State receives notice of the final decision less than thirty days before the funding cutoff). In the event of a termination under this section, the Grantee shall, unless otherwise directed by the State in writing, immediately take all reasonable steps to terminate its operations and to avoid and/or minimize further expenditures under the Grant. (d) Criminal Conviction The State may terminate this Grant immediately and without further liability or penalty in the event Grantee, an officer of Grantee, or an owner of a 25% or greater share of Grantee is convicted of a criminal offense incident to the application for, or performance of, a State, public or private contract or subcontract or grant; convicted of a criminal offense, including any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State reflects upon Grantee's business integrity. (e) Approvals Rescinded The State may terminate this Grant without further liability or penalty in the event any final administrative or judicial decision or adjudication disapproves a previously approved request for purchase of personal services pursuant to Constitution 1963, Article 11, § 5, and Civil Service Rule 7-1. Termination may be in whole or in part and may be immediate as of the date of the written notice to Grantee or may be effective as of the date stated in such written notice. 3.3 No State Employees or Legislators No member of the Legislature or Judiciary of the State of Michigan or any individual employed by the State shall be permitted to receive benefits as a Grantee or as a subcontractor of this Grant. This section, however, does not preclude a member of the Legislature or Judiciary of the State of Michigan or an individual employed by the State from participating as an eligible offender in accord with the goals and objectives of the Grant. 3.4 Non-Discrimination In the performance of the Grant, the Grantee agrees not to discriminate against any employee or applicant for employment, with respect to his or her hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability. Grantee further agrees that every subcontract entered into for the performance of this Grant will contain a provision requiring non-discrimination in employment, as here specified, binding upon each subcontractor. This covenant is required pursuant to the Elliott Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq. and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and any breach of this provision may be regarded as a material breach of the Grant. 3.5 Unfair Labor Practices 10 Pursuant to 1980 PA 278, MCL 423.231, et seq., the State shall not award a grant or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the Act. This information is compiled by the United States National Labor Relations Board. A Grantee, in relation to the Grant, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Pursuant to section 4 of 1980 PA 278, MCL 423.324, the State may void any Grant if, subsequent to award of the Grant, the name of the State-MDOC as an employer or the name of the subcontractor, manufacturer, or supplier of the State-MDOC,appears in the register. 3.6 Certification Regarding Debarment The Grantee certifies, by signature to this Grant, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Grant by any Federal or State department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an explanation to this Grant. 3.7 Illegal Influence (a) The Grantee certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreetnent, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Grant, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Grantee shall require that the language of this certification be included in the award documents for all grants or subcontracts and that all subrecipients shall certify and disclose accordingly. The State has relied upon this certification as a material representation. Submission of this certification is a prerequisite for entering into this Grant imposed by 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. (b) The Grantee certifies, to the best of his or her knowledge and belief that no State funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any State agency, a member of the Legislature, or an employee of a member of the Legislature in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan or cooperative agreement. 3.8 Governing Law The Grant shall in all respects be governed by, and construed in accordance with, the substantive laws of the State of Michigan without regard to any Michigan choice of law rules that would apply the substantive law of any other jurisdiction to the extent not inconsistent with, or pre- empted by Federal law. 3.9 Compliance with Laws The Grantee shall comply with all applicable State, Federal, and local laws and ordinances ("applicable laws") in performing this Grant. 4.0 Jurisdiction Any dispute arising from the Grant shall be resolved in the State of Michigan. With respect to any claim between the parties, the Grantee consents to venue in Ingham County, Michigan, and irrevocably waives any objections it may have to such jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying of venue of such court or on the basis of forum non conveniens or otherwise. The Grantee agrees to appoint agents in the State of Michigan to receive service of process. 4.1 Assignment The Grantee shall not have the right to assign the Grant, or to assign or delegate any of its duties or obligations under the Grant, to any other party (whether by operation of law or otherwise), without the prior written consent of the State-MDOC. Any purported assignment in violation of this section shall be null and void. 4.2 Entire Grant The Grant, including any attachments, constitutes the entire Grant between the parties with respect to the Grant and supersedes all prior agreements, whether written or oral, with respect to such subject matter. 4.3 Independent Grantee Relationship The relationship between the State and Grantee is that of client and independent Grantee. No agent, employee, or servant of Grantee or any of its subcontractors shall be or shall be deemed to be an employee, agent or servant of the State for any reason. The Grantee will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of the Grant. 4.4 Conflicts In the event of a conflict between the terms of this Grant and any Federal or State laws or regulations, the Federal or State laws or regulations will supersede any contrary term contained in this Grant. 12 Attachment A Comprehensive Corrections Plan and the Proposal for Community Corrections Funds• See attached Adobe PDF. 13 Attachment B MDOC VENDOR HANDBOOK FOR VENDOR EMPLOYEES NOT ENTERING A SECURE FACILITY (Rev, 5-16-2016) When a Vendor's employees are working under a Contract between the Vendor and the State of Michigan/Michigan Department of Corrections (MDOC), due to safety and security concerns, the following rules apply to all of the Vendor's employees (Employees) that are not working within a MDOC prison or secure facility. Any violation of the Vendor Employee Handbook may result in a Stop Order being issued against the Employee, the Employee's removal from his/her assignment under the Contract and may result in additional sanctions from the Vendor and/or law enforcement. Definitions, Discriminatory Harassment: Unwelcome advances, requests for faVors, and other verbal or non-verbal communication or conduct, for example comments, innuendo, threats, jokes, pictures, gestures, etc., based on race, color, national origin, disability, sex, sexual orientation, age, height, weight, marital status, religion, genetic information or partisan considerations. Employee: A person employed by a vendor or the subcontractor of a vendor. Offender: A prisoner, probationer or parolee under the jurisdiction of the MDOC. Overfamillarity: Conduct which has resulted in or is likely to result in intimacy; a close personal or non- work related association. Overfamiliarity is strictly prohibited. Examples are being at the residence of an offender, being at the residence of an offender's family, giving or receiving non-work related letters, messages, money, personal mementos, pictures, telephone numbers, to or from an offender or a family member of a listed visitor of an offender, exchanging hugs with an offender, dating or having sexual relations with an offender, etc. Over-the-Counter Medication: Medication which can be purchased without a prescription in the United States. Prescription Medication: Medication which cannot be purchased without authorization from a properly licensed health care authority. Sexual Harassment of Offenders: Sexual harassment includes verbal statements or comments of a sexual nature to an offender, demeaning references to gender or derogatory comments about body or clothing, or profane or obscene language or gestures of a sexual nature. Sexual harassment is strictly prohibited.' Sexual Conduct with Offenders: The intentional touching, either directly or through clothing, of an offender's genitals, anus, groin, breast, inner thigh, or buttock with the intent to abuse, arouse or gratify the sexual desire of any person. Permitting an offender to touch you either directly or through clothing with the intent to abuse, arouse or gratify the sexual desire of any person. Invasion of privacy for sexual gratification, indecent exposure, or voyeurism. An attempted, threatened, or requested sexual act or helping, advising, or encouraging another person to engage in a sexual act with an offender. Sexual conduct with offenders is strictly prohibited. General Requirements Discrimination. Employee shall not discriminate against a person on the basis of race, religion, sex, sexual orientation, race, color, national origin, age, weight, height, disability, marital status, 14 genetic information or partisan considerations. Public Information. Employees are not authorized to make public statements on behalf of the MDOC. Role Model. Employees serve as role models to offenders. Therefore, Employees are to act hi a professional manner at all times. Any action or inaction by an Employee which jeopardizes the safety of MDOC employees, the public or offenders is prohibited. Jail Time or Other Restricted Supervision. No Employee shall be allowed to work with offenders while under electronic monitoring of any type, house arrest, or sentenced to jail time for any reason, including weekends, even if granted a work release pass. Specific Vendor Employee Rules 1. Humane Treatment of Individuals. Employees are expected to treat all individuals in a humane manner while on duty. Examples of actions of an Employee in violation of this rule include but are not limited to, displaying a weapon, using speech, an action or gesture or movement that causes physical or mental intimidation or humiliation„ using abusive or profane language which degrades or belittles another person or group, etc. 2. Use of Personal Position for Personal Gain. Employees shall not engage in actions that could constitute the use of their position for personal gain. Example, employees are forbidden from exchanging with, giving to, or accepting gifts or services from an offender or an offender's family. 3. Discriminatory Harassment. Employees shall not engage in discriminatory harassment which includes but is not limited to, unwelcomed advances, requests for favors, other verbal or non- verbal communication or conduct based on race color, national origin, disability, sex, sexual orientation, age, height, weight, marital status, religion, genetic information, etc. 4. Misuse of State or Vendor Property/Equipment. Employees shall not misuse State or Vendor property. Examples: using property for a personal purpose beyond that of your job duties, removing items from the premises without authorization, etc. 5. Conduct Unbecoming. Employees shall not behave in an inappropriate manner or in a manner which may harm or adversely affect the reputation or mission of the MDOC. If an employee is arrested or charged with a criminal offense, this matter shall be reported to the Employee's supervisor. Any conduct by an Employee involving theft is not tolerated. 6. Physical Contact. Inappropriate physical contact with offenders and employees is prohibited. Examples include inappropriately placing of hands on another person, horseplay, etc. 7. Confidential Records/Information. Employees shall respect the confidentiality of other employees, MDOC staff and prisoners. Employees shall not share confidential information. 8. Reserved. 9. Insubordination. Based on safety and security, there may be times where Employees are provided guidance from MDOC staff. Willful acts of Employees contrary to MDOC instructions that compromise the MDOC's ability to carry out its responsibilities are prohibited. 10. Reserved. 11. Reserved. 15 12. Reserved. 13. MDOC Rules, Regulations, Policies, Procedures, Post Orders, Work Statements. Employees must be familiar with and act in accordance with MDOC rules, regulations, policies, etc. Employees are prohibited from interfering with and undermining the MDOC's efforts to enforce rules, regulations, etc. 14. Maintaining Order. Any action or inaction that may detract from maintaining order is prohibited, e.g. antagonizing offenders, inciting to riot, etc. 15. Reserved. 16. Criminal Acts. Employees shall not engage in conduct that results in a felony or misdemeanor conviction. 17. Contraband and Controlled Substances. There is a zero tolerance policy regarding any Employee possessing, using or introducing controlled substances into MDOC or vendor property.. The possession and presence of contraband presents a safety and security risk and is prohibited. Possession, introduction, or attempting to introduce any substance including controlled substances or intoxicants into MDOC or vendor property prohibited. 18. Use of Alcohol or Controlled Substance. Employees are prohibited from consuming alcohol or any controlled substance while on duty or on breaks. Employees who report for duty with alcohol on his/her breath or when suspected of being under the influence of alcohol or a controlled substance, may be prohibited from working or be immediately removed from their assignment. 19. Reserved. 20. Reserved. 21. Reserved. 22. Reserved. 23. Reserved. 24. Reserved. 25. Reserved. 26. Reserved. 27. Dereliction of Duty. Employees shall fully perform their job duties. Failure to do so is considered dereliction of duty and will be repotted to the Vendor. 28. Reserved. 29. Exchange of Duties. Employees shall not exchange duties or responsibilities with any MDOC staff. 30. Reserved. 16 31. Security Precautions. Any action or inaction by an Employee which jeopardizes the safety or security of MDOC staff, the public or offenders is prohibited. Examples include but are not limited to, loss of equipment (knives, tools), propping open security doors or doors that should remain locked, allowing an unknown or unidentified individual into a building, unauthorized distribution of MDOC exempt policy directives/operating procedures, etc. 32. Attention to Duty. Employees shall remain alert while on duty. Sleeping or failure to properly observe an assigned area or offenders are examples of inattention to duty and are prohibited. 33. Reporting Violations. Employees, who are approached by offenders to violate the law, shall concurrently report each time they are approached to the Employee's immediate supervisor and MDOC staff. Employees must report conduct involving drugs, sexual misconduct, sexual harassment, workplace safety or excessive use of force. A complete written report of the approach must be made no later than the end of the Employee's work day. 34. Reserved. 35. Reserved. 36. Reserved. 37. Reserved. 38. Reserved. 39. Reserved. 40. Reserved. 41. Reserved. 42. Reserved. 43. Reserved. 44. Reserved. 45. Reserved. 46. Reserved. 47. Falsifying, Altering, Destroying, Removing Documents or Filing False Report. Employees shall not falsify, alter, destroy or remove documents. Fraudulent reporting of an Employee's time is expressly prohibited. 48. Giving or Receiving Gifts or Services. Employees are prohibited from exchanging with, giving to, or accepting any gifts or services from offenders or an offender's family. This includes but is not limited to food and beverage items, shoe shines, clothing, paper products, stamps, delivering letters/correspondence, etc. 49. Reserved. 50. Overfamiliarity or Unauthorized Contact. Employees are prohibited from engaging in overfamiliarity with an offender, or an offender's family member or a listed visitor or friend of an offender. Relationships with an offender, other than an Employee with his or her approved 17 family member, is prohibited regardless of when the relationship began. Any exceptions must have Vendor and IVIDOC prior approval. 51. Sexual Conduct. Employees are prohibited from engaging in sexual conduct with an offender. 52. Sexual Harassment. Employees are prohibited from sexual harassing anyone. Employees are prohibited from assisting, advising or encouraging any person to sexually harass another. 53. Workplace Safety. Threats made by Employees such as bomb threats, death threats, threats of assault, threats of violence are prohibited. Employees shall not physically fight or assault any person. Employees may act to reasonably defend themselves against violence. If an Employee becomes aware of a threat of violence or an act of violence, the Employee shall immediately report this information to their supervisor/chain of command. Employees will ensure proper storage and handling of tools, keys, equipment, and other items (e.g. metal cans, metallic items). ACKNOWLED GMENT I acknowledge that I have received a copy of, have read, understand and agree to abide by the above additional conditions. If I have any questions, I will ask my supervisor/manager. Print Employee Name Employee Signature Date 18 MICHIGAN DEPARTMENT OF CORRECTIONS OFFICE OF COMMUNITY CORRECTIONS FY 2017 FUNDING PROPOSAL for Select the Name of Your CCAB From the Drop Down List . Comprehensive Plans & Services Total Funding Program Program Code Funding Request Approved Funding Reserved Funding Recommendation Community Service Placement A19 - Work Crew - inmate A25 - - Work Crew - Community .A26 - - Sub-Total .. - - _ Group-Based Programs Education BOO . - Employment B15 3,500 3,500 3,500 Life Skids 816 - - Cognitive CO1 223,209 184,052 184,052 Domestic Violence C05 7,000 7,000 7,000 Sex Offender COG - - Substance Abuse 618 . - Other Group Services GOO 25,500 25,500 25,500 Sub-Total 259,209 220,052 - 220,052 Supervision Programs Day Reporting 004 - - Intensive Supervision D23 - - Electronic Monitoring 008 39,451 39,451 39,451 Pretrial Supervision F23 125,951 125,951 125,951 Sub-Total 165,402 165,402 165,402 Assessment Services Actuarial Assessment 122 77,267 72,200 72,200 Pretrial Assessment F22 364,513 364,513 364,513 Sub-Total 441,780 436,713 - 436,713 Gatekeeper Jail Population Monitor 123 . - Gatekeeper 125 - Sub-Total - . - - Case Management 124 487,644 476,032 476,032 Substance Abuse Testing G17 - Other ZOO '- - Program Total 1,354,035 1,298,199 - 1,298,199 Administration Salary & Wages 164,781.00 180,576.00 180,576.00 Contractual Services 28,959.00 - Equipment „ . - Supplies - Travel 2,000.00 - - Training 2,000.00 - Board Expenses 1,000.00 - - Other 1,000.00 - - Administration Total 199,740 180,576 - 180,576 Total Comprehensive Plans & Services 1,553,775 1,478,775 o 1,478,775 Drunk Driver Jail Reduction Program Program Code -Funding Request Approved Funding Reserved Funding Total Funding Recommendation Assessment & Treatment Services ZO1 227,969 227,969 227,969 5-Day In Jail Housing Z02 67,208 67,208 67,208 Residential Services Z03 0 0 Totals 295,177 295,177 0 295,177 Michigan Department of Corrections Office of Community Corrections CR.1-259 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS — FY 2017 CCAB: Oakland County CCAI3 Contact: Barb Hankey CCAB Chair: . Judge Phyllis McMillen Member Counties / Cities & Approval Date(s): CCAB: May 26, 2016 COB: July 12, 2016 OCC Grant Coordinator: . Molly Maynard Application Type: . [S] Community Corrections Comprehensive Plans and Services NI Drunk Driver Jail Reduction & Community Treatment lE Residential Services State Board Review Date: August 22, 2016 Group 1 Offenses: Homicide, Robbery, CSC, Assault, Arson, Other Sex Offenses, Assaultive Other, Burglary and Weapons. Group 2 Offenses: Larceny, Fraud, Forgery/Embezzle, Motor Vehicle, Malicious Destruction, Drugs, OLIIL 3"d Offenses, and Other Non-Assaultive Offenses. FELONY DISPOSITION ANALYSIS:: . FY 2015 OMNI DATA ,______ State PRC: .. ' 21.5% i Group .2 Rate: 0.3.4%. Straddle Cell Rate: ' 32.8% Group 2 Rate: 31.4% Overall PCR: 21.0%- 1,085 prison dispositions out of 5,156 felony dispositions Group 1: 35.6%- 589 prison dispositions out of 1,656 felony dispositions Group 2: 14.2%- 496 prison dispositions out of 3,500 felony dispositions Straddle PCR: 29.6%- 417 prison dispositions out of 1,407 felony dispositions Group 1: 28.6%- 124 prison dispositions out of 434 felony dispositions Group 2. 30.1%- 293 prison dispositions out of 973 felony dispositions Other: Straddle Cell: Group 2, PV New Sentence 21.5% - 63 prison dispositions out of 293 felony dispositions Summary of data and objectives:. . Total felony dispositions decreased from 5,171in FY 2014 to 5,156 in FY 2015. During that time, prison dispositions increased by 26 (FY 2014-1,159; FY 2015-1,085), and the overall prison commitment rate (PCR) slightly increased to 21.0%. The PCR remains below the State PCR of 21.5%. The County reduced its straddle cell PCR to 29.6% in FY 2015 (417 prison dispositions). During the same time period, there was an increase in felony dispositions within the straddle cell category (FY 2014- 1,378 dispositions; FY 2015- 1,407 dispositions). The overall straddle cell PCR remains below the State straddle cell PCR of 32.8%. The Group 2 straddle cell PCR continues to remain steady at 30.1% in FY 2015 (293 prison dispositions out of 973 felony dispositions) and is 2.7 percentage points below the state average of 31.4%. It is noted that of the 293 Group 2 straddle cell prison dispositions, 159 (54.3%) were not under MDOC supervision at the time of offense. The County reports the following objectives: • Lower the PCR to no more than 20%. • Reduce the Group 2 straddle PCR from 30% to 29%. Page 1 of 6 General Information Michigan Department of Corrections Office of Community Corrections CF..1-259 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS — FY 2017 The County reports the following programs as strategies to impact recidivism: Thinking Matters, the comprehensive program Step Forward, Youthful Offender groups, Career Connections, residential services, and Jail Reentry. In response to positive drug tests and/or relapse mental health and substance abuse assessments are administered to determine appropriate level of care. The County proposes to continue existing programs by means of early identification of risk/needs through the COMPAS, Pre-trial assessment and case planning for felons and probation violators in both the community and in the jail. Step Forward encompasses many different modules in which probation violators attend based on their criminogenic needs. This program includes an employment group, Career Connections, which utilizes the Holland Code assessment and helps the offender create long term career goals. The program also utilizes the Mark Carey Briefcase Series to reinforce evidence- based practices and further target individual needs. The following recidivism objectives were reported by the County: • Reduce the number of new sentence violators by 5% from 176 to 167. • Reduce the number of technical violators by 10% from 193 to 174. Current Jail Utilization Data County Oakland 1,497 Utilization as % 98% of RDC Number of off- 0 line beds Sentenced Prior to Admission Sentenced After Admission Felon Population Misdemeanant Population 32 217 Page 2 of 6 Michigan Department of Corrections Office of Community Corrections CFJ-259 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS — FY 2017 ..1,hisentence0 Miscierneariants; 146 JAIL:ANALYSIS' Boarding::: -i The County does not accept boarders. Revenue from i CJRP/Boarding:: FY 2014 CJRP: $869,170 Bed Reduction: N/A Summary of data and . objectives: • The County notes the data collected through JPIS may be inaccurate. According to local snapshot data, the felony and misdemeanor populations are 66% and 34% respective to the total population. This is a slight change from FY 2014, with the felony population decreasing by 1% and the misdemeanor population increasing by the same amount. The unsentenced population is at 31% of the total population with 29% of that being misdemeanors and the remaining 71% being felons. The sentenced population stands at 69% of the total population with 36% being misdemeanors and the remaining 64% being felons. While the felony numbers have decreased, the misdemeanor and unsentenced populations have grown. Much of the misdemeanor population is not within our target population. The County plans to repeal the list of ineligible offenses as the eligibility criteria for Community Corrections programming. The revisions of PA511 have in essence made the list of ineligible charges obsolete. Another priority for FY 2017 is the creation of a new eligibility decision matrix as well as a new probation violation matrix. These decision trees will be developed in conjunction with probation and will contain all available programming options. The final product will be distributed to all probation agents as well as the judges. The eligibility matrix will contain updated information regarding eligibility (especially if the list is repealed as noted above). It will allow agents to identify which programs an offender may be eligible in order to maximize referrals to Community Corrections. The violation response guide will operate in a similar fashion. The idea is that it will contain types of violations and appropriate responses / programming for those violations. Other priorities include the development of a Medically Assisted Treatment (MAT) program within the jail, and Pretrial Reform. The jail has been in talks with Oakland County Community Mental Health about starting an MAT program within the jail. They are attempting to model the program after the one at the Macomb County Jail. As the program moves forward, judges (and probation recommendations) may be more likely to place serious drug abusers in jail with MAT, followed by placement in a probation residential center, rather than prison. Lastly, the County is working to change the Praxis matrix to eliminate financial bail recommendations. AND SUBSTANCE ABUSE ASSESSMENT: Summary of the proposed use of COMPAS risk/need assessment for program targeting or eligibility: COMPAS is utilized for felons and misdemeanants. It is primarily used for case planning or program placement for participants within the Step Forward program. Summary of the proposed use of substance abuse, mental health, or other assessments: The County utilizes a pretrial risk assessment tool for all pretrial offenders. Mental health assessments and substance abuse assessments are used to determine eligibility and level of care. Page 3 of 6 Michigan Department of Corrections Office of Community Corrections CFJ-259 06/20V1 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS — FY 2017 1. OFFICE OF COMMUNITY CORRECTIONS ASSESSMENT A. Community Corrections Plan -- Impact Analysis and Recommendations The Oakland County plan mostly proposes a continuation of programs from previous years which target probation violators and felons. The County is requesting funds for the employment based group- Career Connections. Funding will be used to obtain ServeSafe Certificates for eligible offenders in the program. Another proposed initiative is the Domestic Violence Program. The County is looking to subsidize offenders' program costs that prove to have a financial hardship. The remaining portions of the comprehensive plan include pre-trial services, a variety of assessment tools and appropriate interventions to address the identified needs of the offenders. These interventions include the Step Forward wrap-around case management program, cognitive behavioral groups, and specialized interventions for OUIL 3 rd and dually diagnosed offenders. It is recommended that the State Board conditionally support Oakland County's plan to reduce the prison commitment rate and improve recidivism. The County has lapsed significant funding for the past two (2) years; therefore, the recommended budget reflects this consideration. .B• Condition(s) • All cognitive programming eligibility criteria must reflect moderate or above scores in the noted risk and/or , needs scales. • The County must provide further eligibility criteria detail within the C05, Domestic Violence Program. Specifically, a definition of "financially unable" must be submitted to OCC and a COMPAS score must be provided. • The misdemeanant population will no longer be a primary target population for the Office of Community Corrections. All necessary program descriptions must be revised to reflect this change. • Programs with low utilization at midyear may have the budget adjusted accordingly. II. FY 2017 PROPOSED COMMUNITY CORRECTIONS PROGRAMS 4 E '0 ca u to I) t iI71 3 - )?: , Local Program ' Name Projeted_ Enrollment FY 2016 ; Utilization - Assess Required Summary to r..) c -, .0 u .'-'5 ." o a 44 = I= u_ C01 Cognitive Programming Continuation Thinking Matters- Jail 260 165*** Yes Targets incarcerated non-assaultive, felony, straddle cell offenders. COMPAS is used to determine eligibility. The program utilizes the Thinking Matters curriculum. Yes C01 Cognitive Programming Continuation , Thinking Matters- Community 257 165*** Yes Targets offenders who are in the Step Forward program and who may benefit from cognitive programming. The COMPAS assessment is used to determine program eligibility. The Thinking Matters curriculum is utilized. Yes Page 4 of 6 CFJ-259 06/2011 Michigan Department of Corrections Office of Community Corrections PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS - FY 2017 CCIS Code, Program Type land Status I,ocal - • Program . Name : - - : s-• .-Projected nrolmen. t :. : LiFY 2016 Utilization Assess . 1 Required Summary CD LI '7. 0 0 7 IX i.a. D08 Electronic Monitoring Continuation P retral Electronic Monitoring 500 . 338** Yes Targets pretrial defendants requiring more supervision. The Praxis is used to determine risk level. Variety of electronic monitoring equipment is used, in addition to drug testing. Yes F22 , Pretrial Assessment Continuation Pretrial Assessment 10000 , 6,046** Yes Pretrial Assessment. All in-custody misdemeanants and felons awaiting arraignment. The Praxis risk assessment tool, developed by Luminosity, is used. Yes F23 Pretrial Supervision Continuation Pretrial Services 3,500 2,165** Yes The Praxis used to determine levels of supervision that include telephone reporting and Offender Link. The program also monitors drug/alcohol testing. Yes GOO Other Group Continuation Youthful Offender Group 65 16* Yes The program targets male offenders in the Step Forward program. Participants must be male, age 17-26, and have a COMPAS recidivism score of five (5) or above. The program utilizes the Strategies for Self-Improvement and Change curriculum. Yes 122 Assessment Continuation Step Forward Intake 850 • 449** N/A Targets high risk felons and misdemeanants with substance abuse issues, co-occurring disorders, or who are at a high risk of re-offending. COMPAS and NEEDS assessments are used. Y es 122 Assessment Continuation • Drunk Driver, Delayed Sentence Assessments 85 62* N/A Targets incarcerated OUIL 3 rd offenders. COMPAS and NEEDS assessments will be used to determine the offenders needs and program eligibility. A Michigan Automated Prescription System (MAPS) review is conducted on each offender. Offenders are referred directly from the Judge's at the time of plea. Yes 122 Assessment • Modifieation • Step Forward Mental Health 150 29* N/A Targets Step Forward Clients who exhibit mental health issues. COMPAS scores and LOCUS instrument determine eligibility and level of care for Oakland County Community Mental Health Authority services. Assessment results are provided to Step Forward Case Managers for treatment planning purposes. Modification: Provider is changing and substance abuse assessments will be provided in addition to mental health assessments. Yes Page 5 of 6 Michigan Department of Corrections Office of Community Corrections CFJ-259 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS - FY 2017 COS Code, Program Type and Status - . • Local Program. :1 .Name ...1 Projected . _Enrollment : - FY 2016, _ : . . Utilization: r_ Assess Required . Summary 40 U 111 0 S caZ Li. 124 Community Based Case Management Continuation St ep Forward 800 552** Yes Targets high risk felons and misdemeanants with substance abuse issues, co-occurring disorders, or who are at a high risk of re-offending. COMPAS and bio-psychosocial assessments are required to complete treatment planning and refer clients to appropriate group programming within Step Forward. Case manager creates and monitors the treatment plan. Monitoring includes drug testing, monthly appointments and program compliance. Yes 124 Community Based Case Management Continuation Jail Reentry 260 71* Yes Targets inmates enrolled in Thinking Matters (Jail). Each inmate is required to attend six (6) group sessions/classes per week and a minimum of two (2) individual sessions during the six (6) week program. The COMPAS assessment is used to determine eligibility. Yes H20-01DDJR 5-Day Housing Continuation H20-01 309 180** Yes This program allows the jail to bill for up to five (5) days of post-conviction housing for eligible offenders, allowing these offenders to be assessed for treatment needs. Yes C05 Domestic Violence Programming New Initiative Heal (Men) Weave (Women) 144 N/A Yes Offenders must be charged with a domestic violence or other assaultive charge involving a person with whom the offender co-habitats. This cognitive based curriculum focuses on thinking errors, accountability, triggers, and the power and control wheel. Offenders move through the program based on performance and progress. Yes B15 Employment Services New Initiative Career Pathways 130 N/A Yes Offenders scoring high on the vocation/education COMPAS.need scale receive employment readiness soft skills, mock interviewing, computer lab time and ServeSafe certification for those interested in the food services field. Yes * Program Utilization reported as of April 11,2016 **Program Uti ization reported as of June 15, 2016 ***Program Utilization reported is combined as of June 15, 2016 Page 6 of 6 FISCAL NOTE (MISC. #16350) December 8, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION — MICHIGAN DEPARTMENT OF CORRECTIONS/OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE FOR FY2017 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Corrections (MDOC) has awarded Oakland County a Community Corrections grant in the amount of $1,773,952 which is $75,000 less than requested in the application, for the grant period of October 1,2016, through September 30, 2017. 2. The amount of $1,773,952 is the County's responsibility as detailed on Schedule A. 3. The FY 2017 award is $56,386 less than FY2016 award. 4. This is the twenty second (22 nd) year of the grant award with the MDOC, Office of Community Corrections. 5. The grant provides funding for positions in the Community Corrections Division as well as the Sheriff's Office. 6. The grant funds the following Community Corrections Division positions: ten (10) Special Revenue (SR) Full-Time Eligible (FTE) Community Corrections Specialists ll (positions #07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09648, 09649), one (1) SR Part-Time Non- Eligible (PTNE) Community Corrections Specialist II (position #09292), one (1) SR FTE Office Assistant II (position #09295), and one (1) SR PINE Community Correction Specialist I (position #09397). 7. The grant will also fund 50% of the following positions in Community Corrections: one (1) SR FTE Community Corrections Support Specialist (position #07834), and one (1) SR FTE Supervisor-Community Corrections (position #09396), which are partially funded through General Fund / General Purpose (GF/GP). 8. The grant funds the following Sheriff's Department positions: three (3) SR FTE Inmate Caseworkers (position #07418, 07419 and 07420), one (1) SR FTE Inmate Substance Abuse Tech (position #07421), and one (1) SR PTNE Office Assistant II, (position #07417). 9. No County match is required with this grant; however, it should be noted that the FY 2017 Budget of this grant includes two (2) positions (#1070403-07834 and #1070410-09396) partially GF/GP funded in Community Corrections. 10. The grant agreement has been approved by the County Executive's Contract Review Process. 11. A response from the Michigan Department of Corrections is pending regarding several outstanding legal issues identified concerning the Handbook that is incorporated into the grant agreement. 12. The FY 2017 — FY 2019 Adopted SR budget is amended as detailed in the attached Schedule A. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford and Quarles absent. Resolution #16350 December 9, 2016 Moved by Hoffman supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Weipert, Zack, Bowman, 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). 0 4)101/6, GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A(7) 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 December 8, 2016, 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 8'h day of December, 2016. Lisa Brown, Oakland County