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HomeMy WebLinkAboutResolutions - 2004.02.05 - 27491REPORT (MISC. 104034) February 5, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT - 2004 BYRNE GRANT PROGRAM - ADULT - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Finance Committee having reviewed the above referenced resolution recommends the following amendment to the contract: Strike the word "none" from Part II, Section I.A.1., line 4. Chairperson on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION 104034 February 5, 2004 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: CIRCUIT COURT - 2004 BYRNE GRANT PROGRAM - ADULT - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health, Office of Drug Control Policy has awarded grant funding to the 6 th Judicial Circuit in the amount of $90,000 with a grant period of January 1, 2004 through September 30, 2004; and WHEREAS the Circuit Court/General Jurisdiction Adult Drug Court has received continuation funding to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS the Circuit Court Adult Drug Court Program is currently funded by the Byrne Memorial Drug Court Grant, and the State Court Administrative Office (SCAO) grant; and WHEREAS the Circuit Court, General Jurisdiction Division Adult Drug Court Program is awarded total program funds of $130,000 which includes a match of $40,000 to be funded by SCAO Grant in-kind funds; and WHEREAS the Byrne grant award is in the amount of $90,000, the match of $40,000 is funded by SCAO Grant in-kind funds requiring no General Fund/General Purpose funds; and WHEREAS continuation funding of one (1) Circuit Court/General Jurisdiction Community Service Coordinator (35301-09837) position, and contracted services for program evaluation; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts Michigan Department of Community Health, Office of Drug Control Policy grant, in the amount of $130,000 which includes $40,000 from the State Court Administrators Office (SCAO), and $90,000 in Byrne Memorial Grant funds. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of the grant application 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. Public Services Committee Vote: Motion carried unanimously on a roll call vote. IC rvices Committee Pu 1 S , BE IT FURTHER RESOLVED that one Cl) Circuit Court/General Jurisdiction Community Service Coordinator (35301-09837) jointly funded by SCAO is continued, with the SCAO Grant award used as matching dollars for the Byrne Memorial Grant, per approval of the State Court Administrator's Office. BE IT FURTHER RESOLVED that the Circuit Court/General Jurisdiction Division/Adult Drug Court will contract for an independent evaluation of the outcome of this program, with an agency to be determined. BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Prentiss Malone, Jr. From: Greg Givens [givensg©co.oakland.mi.usj Sent: Friday, January 16, 2004 3:51 PM To: Wedell, Harvey; Lynch, Richard Cc: Malone, Prentiss; Smith, Laverne; Frederick, Candace; Pardee, Mary Subject: CONTRACT REVIEW— Circuit Court CONTRACT REVIEW - Circuit Court GRANT NAME: FY 2004 Bryne Memorial Grant - Adult Treatment Court FUNDING AGENCY: Michigan Office of Drug Control Policy DEPARTMENT CONTACT PERSON: Rich Lynch / 22171 STATUS: Acceptance DATE: 1/16/2004 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. The modifcations required by Corporation Counsel must be incorporated into the contract prior to contract execution by the Board Chair. A copy of this review comment "sign-off" sheet must be signed by the operating department's director at the space provided below Corporation Counsel's comments. This signature is to acknowledge the required modification is made to the contract. The sign-off sheet, with department signature, must accompany the contract when presented to the Board Chair for signature. 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 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 of Management and Budget: Approved.- Laurie Van Pelt (1/16/2004) Personnel Department: No comment received. Risk Management and Safety: Approved. - Gerald Mathews (1/9/2004) Corporation Counsel: On review of this grant contract, there appears to be an error in language in Part II, Section 1A, Publication Rights, which I discussed with Rebecca Mack of SCAO. We agreed that it should be corrected when this contract is signed. When the BOC Chairman signs the contract, the word "none" in the fourth line of Section 1 under Publication Rights should be crossed out and initialed. When the word "none" is crossed out, the sentence will read: "Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the SCAO reserves a royalty-free and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. etc." Otherwise, there appear to be no outstanding legal issues that require additional action or resolution. - Karen Agacinski (1/9/2004) This is to certify that the required changes noted by Corporation Counsel are made to the contract / cooperative agreement being signed by the Board Chair. • 0311ft •Office •Michigan Su State Court Aden' Et3. Sox Laming. Mehl • - ettang3171 Juno. "say,jr. sate ebrearY 4909 2001 • 248-30s-9747 P . 02 - 5111732111 • 7420 P.14/02 Joirl 11 Feb-06-01 01:16P tonC.kanzie FI1*0-41 1247 PratICAO CSNTRAL Honorable Brien bittorkeszie 52" District Court 0150 RiverAve. . 48374-12:12 , Dear Judge hitstelCasnitc Pursuant to our conversatbou this PrOparo, I am providing informadon concerning- The assurances included in the Michigan mac as the assurances requital to apply for Teel programs. Assurance #4 calls for the sisplicaur eendrue &LAW wizethar that be from: local, lurichigan Dyne Court Groat Program is a state fimd dollar. The *ding is intended ID assist In and provide limited support to continuing pro to eventually emelt, additional stoma of fularusg. Ibtore tioding of a progran front the finding Upon have any Anther questions, please . Si regardhlg the Michigan Drug Court Grant #4 in the application materials, Court Gnat application materials are the federal program finding (Or thug wart provide assurance of a prograre 's has to state, or federal sources of fending. The program funded with limited yam& developing and impleznenting new programa It is, however, the program 's Tr-yrs:agility This shouk1 net be etaistrued sr rnandate for MC. • 4. r(7 • Monk , State Court Admirdecrator Michigan Supreme Court State Court Administrative Office P.O. Box 30048 Lansing, Michigan 48909 Phone (517) 373-0130 John D. Ferry, Jr., State Court Administrator December 4, 2003 Hon. Joan E. Young, Chief Judge 6th Circuit Court Courthouse Tower 1200 N. Telegraph Rd. Pontiac, MI 48341-0404 RE: Byrne Memorial Funding Program Award Notification Grant Award Amount $90,000 Grant Period January 1, 2004 — September 30, 2004 Michigan Drug Court Grant Program Award Notification Grant Award Amount: $40,000 Grant Period: January 1, 2004 — December 31, 2004 Dear Chief judge Young: As you are aware, the State Court Administrative Office (SCAO) administers the Michigan Drug Court Grant Program (MDCGP), which provides limited funding for the operation of local drug court programs in Michigan. In addition, the SCAO has limited funds available in Fiscal Year 2004 from the Byrne Memorial Foundation for operation of adult drug courts. pleased to inform you that your court has been awarded a grant in the amount of the Michigan Drug Court Grant Program as well as an award in the amount of the Byrne Memorial Foundation Grant Program. As an award from the Byrne federal funding, the MDCGP award can be utilized toward the match requirement for e award. A copy of the Byrne contract is included with this letter. A budget document and budget detail forms are included with this letter to be resubmitted to SCAO and must reflect the Byrne award amount. A separate contract will follow this letter for the Michigan Drag Court Grant Program award. If you have any questions regarding this award or our program, please contact Rebecca Mack at (517) 373-5596. Sincerely, 4 . , . I, 1 cyri. awn A. Monk Deputy State Court Administrator cc: Kevin Oeffner Richard Lynch John D. Ferry, Jr. Deborah Green Rebecca Mack Q.,() - Contract: SCAO 2004-07 — Thi Grant Agreement Between Michigan Supreme Court State Court Administrative Office hereinafter referred to as the "SCAO" and County of Oakland, 6th Circuit Court-Adult 1200 N. Telegraph Rd., Pontiac, MI 48341 Federal I.D. 38-6004876 hereinafter referred to as the "Contractor" for Adult Drug Court Part I 1. Period of Agreement: This agreement shall commence on 01/01/04 and continue through 09/30/2004. This agreement is in full force and effect for the period specified. 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $120,000. The federal funding provided by the SCAO will not exceed $90,000 or 75.00 %. The Catalog of Federal Domestic Assistance (CFDA) number is 16.579 and the CFDA Title is Byrne Formula Grant. There is a 25% match requirement, a portion of which may be met with SCAO Drug Court Grant Funds. B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be detailed in the program cost budget detail. 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 the Contractor upon acquisition. The 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 the SCAO's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $5,000, is permissible without prior written approval of the SCAO. Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories. subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose:, The focus of the program is to: See Attachment 1 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment 2 and Attachment A and hereby made a part of this agreement through reference. Contractors are encouraged to target non- violent probation violators and other non-violent felony offenders, particularly straddle cell offenders, who have a prior record variable of 35 points or more, who based upon local sentencing practices are otherwise bound for prison. Contractors shall refer to the Violent Offender definition outlined in Appendix B of the 2002 Federal Drug Court Discretionary Program Grant Guide in order to determine violence. 5. Financial Requirements: The reimbursement process shall be followed as described in Part I of this agreement and Attachments 3, 5 and 6, which are hereby made a part of this agreement through reference. 6. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment 4, hereby made a part of this agreement through reference 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part 11; hereby made part of this agreement through reference. Part II General Provisions Responsibilities — Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the SCAO reserves a royalty-free, none and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment of the SCAO' s name must be approved by the SCAO prior to reproduction and use of such materials Any publication (written, visual, or sound, including press releases, newsletters, and issue analyses) issued by the Contractor, or by a Subcontractor describing programs or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by grant project 70994-3-03, awarded by the Bureau of Justice Assistance, Office of Justice Programs, US. Department of Justice and administered in Michigan by the Michigan Department of Community Health through an Inter- Agency agreement with the Michigan Supreme Court, State Court Administrative Office. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the US Department of Justice." 3. The Contractor shall give recognition to the SCA() in any and all publications papers and presentations arising from the program and service contract herein: the SCAO will do likewise. 13. Fees Make reasonable efforts to collect 1st and 3"I party fees, where applicable, and report these as outlined by the fiscal procedures as referenced by this contract. Any under recoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the SCAO at the effective date of this agreement, and provide the SCAO with timely review and commentary or any new report forms and reporting formats proposed for issuance thereafter. E. Record Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. F. Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the SCAO, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Single Audit Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, 31 USC 7501 et seq. and Section 320 of Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," a copy of the annual Single Audit reporting package of the Contractor to the SCAO. The federal OMB Circular A-133 requires either a Single Audit or program-specific audit (when administering one federal program) of agencies that expend $300,000 or more of federal grant funding during the Contractor's fiscal year. The Single Audit reporting package and management letter must be filed with the SCAO even if expenditures of federal funding from the grant program are less than $300,000. Contractors that fall below the Single Audit threshold are exempt from the Single Audit requirements. Contractors exempt from the Single Audit requirements that receive $300,000 or more of total (State and Federal) grant funding must submit a copy of the Financial Audit prepared in accordance with generally accepted auditing standards (GAAS). Contractors exempt from the Single Audit requirements that receive less than $300,000 of total grant funding must submit a copy of the Financial Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact grant funded programs, including, but not limited to, fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. When a Contractor is exempt from both the Single Audit requirements and the Financial Audit requirements, the Contractor must submit the audit status notification letter. Attachment 6 contains the audit status notification letter. The Single Audit reporting package and management letter, Financial Audit, or audit status notification letter is due within nine months after the end of the Contractors fiscal year. The Single Audit reporting package and management letter, or the Financial Audit must be filed with the SCAO even if there are no findings reported in the audit pertaining to SCAO programs, The SCAO or federal agencies, may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. The Contractors records must also be available for review or audit by appropriate officials of the SCAO or federal agencies (i.e.. federal awarding agency or General Accounting Office.) The Contractor must also assure that each of its subcontractors comply with the above Single Audit requirements, as applicable, and provide for other subrecipient monitoring procedures, as deemed necessary. A copy of the Single Audit reporting package, Financial Audit, or the audit status notification letter must be forwarded to: Michigan Supreme Court State Court Administrative Office P.O. Box 30048 (Hall of Justice, 925 West Ottawa) Lansing MI 48909 H. Notification of Modifications Provide timely notification to the S CAO, in writing, of any action by its governing board or any other funding source which would require or result in significant modification in the provision of services, funding or compliance with operational procedures. IL Responsibilities — SCA° The SCAO in accordance with the general purposes and objectives of this agreement will: A. Reimbursement Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. B. Report Forms Provide any report forms and reporting formats required by the SCAO at the effective date of this agreement, and provide to the Contractor any new report forms and reporting formats proposed for issuance thereafter. In. Assurances The following assurances are hereby given to the SCAO: A. Compliance with Applicable Laws The Contactor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OlvlB Circulars covering cost principles, grant/agreement principles, and audits in Carrying out the terms of this agreement. B. Anti-Lobbying Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC1601 et seq. and Section 503 of the Department of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act (Public Law 104- 206). Further, the contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided 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 unrelated to the individual's ability to perform the duties of the particular job or position or to receive services. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq. and any breach thereof may be regarded as a material breach of the contract or purchase order. D. Debarment and Suspension Assurance is hereby given to the SCAO that the Contractor will comply with Federal Regulation, 45 CFR Part 76 and certifies to the best of its knowledge and belief that it, including its employees and subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a thee-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default E. Subcontracts Assure for any subcontracted service, activity or product: 1. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the SCAO upon written request within 30 days of execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. . A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the SCAO; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the SCAO for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. _ 5. That the Contactor will submit a copy of the executed subcontract if requested by the SCAO. F. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 (as revised), implemented through applicable portions of the associated "Common Rule" as promulgated by responsible federal contractor(s), or OMB Circular A-110, as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. G. Supplanting The Contractor will comply with Federal requirements concerning supplanting. Funds must be used to supplement existing funds for program activities and not replace those funds which have been appropriated for the same purpose. Potential supplanting will be the subject of application review, as well as pre review, post-award monitoring, and audit. Supplanting means to deliberately reduce state or local funds because of the existence of federal funds (e.g., when state funds are appropriated for a stated purpose and federal funds are awarded for that same purpose, the state replaces its state funds with federal funds, thereby reducing the total amount available for the stated purpose.) IV. Financial Requirements A. Reimbursement Method The Contractor will be reimbursed in accordance with the grant reimbursement mechanism as follows: Reimbursement from this Byrne Program is based on the understanding that the Byrne funds will be paid up to the total Byrne allocation as agreed to in the approved budget. Byrne funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. B. Financial Status Report Submission Financial Status Reports (FSRs) shall be prepared and submitted to the Michigan Supreme Court, State Court Administrative Office 925 West Ottawa, Lansing, MI 48915, on a monthly basis, no later than thirty (30) days after the close of each calendar month. The monthly FSRs must reflect total actual program expenditures. regardless of the source of funds. Attachment D contains the FSR form. The FSR form and instructions for completing the FSR form are available through your Contract Manager or the Department of Community Health's web site: • http ://wvvw.michigan,gov/do cuments/DCH-0384- Financial Status Report 8214 7.pdf and • http://www.michigan. gov/documents/D CH-0384- Financial Status Report Instructionsfi21 8216 7.pdf Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. C. Final Obligations and Financial Status Report Requirements A report of estimated total agreement expenditures must be submitted based on annual guidelines and deadlines issued by the SCAO. Final FSRs are due sixty (60) days following the end of the fiscal year or agreement period. The final FSR must be clearly marked "Final." Final FSRs not received by the due date may result in a loss of funding requested per the report of estimated total agreement expenditures and may result in the potential reduction in the subsequent year agreement amount. D. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the SCAO or treated in accordance with instructions provided by the SCAO. V. Agreement Termination The SCAO may cancel this agreement without further liability or penalty to the SCAO for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section ilia of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the SCAO with all financial, performance and other reports required as a condition of this agreement. The SCAO will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the SCAO any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures or any disallowed costs. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. IX. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor in the performance of this agreement shall be the responsibility of the Contactor, and not the responsibility of the State of Michigan, Michigan Supreme Court or the State Court Administrative Office, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the SCAO in the performance of this agreement shall be the responsibility of the SCAO, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any SCAO employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the SCAO) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the SCAO in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the SCAO in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the SCAO) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Contractor and the SCAO are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4 et seq. and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq. XI. Confidentiality Both the SCAO and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shnll be held confidential, and shall not be divulged without the written consent of either the participant or a person responsible for the participant, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. Authorized By: State Court Administrative Office Date Acceptance by Grantee: Authorizing Official Signature and Title Date Date Chief Judge (Signature) GRANT SUMMARY BYRNE '1EMORI41 FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT 11(2003 - 2004 This brief summary will be used for a short description of your project and for press notification, should you be awarded a gam. No more than four lines will be accepted. Be sure your description accurately presents your project. The Sixth Circuit Court-Adult Treatment Court (ATC) provides non-violent criminal defendants,whose substance abuse leads them to commit crimes, a positive alternative of intensive probation and substance abuse treatment to prolonged periods of incarceration. The ATC seeks to break the cycle of recidivism and enhance both public safety and the participant's life. PROBLEM STATEMENT BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT F1(21303 -.2004 Instructions: What is the Problem? Please explain. PROBLEM STATEMENT Oakland County, with a population of 1.2 million citizens, faces the challenges of an ongoing substance abuse problem among a portion of its population. The drugs of choice are alcohol, marijuana, cocaine, and heroin. More than four:years ago, the Oakland County Circuit Court, in collaboration with various local organizations began to plan the Adult Treatment Court ("ATC") as a response to these challenges. In 1998, a U.S. Department of Justice study revealed that 45% of offenders nationwide who were convicted of crimes involving drug possession committed similar crimes.within two to three years of their offense. A recent Michigan Department of Corrections study reinforced these findings, when it reported that 63% of imprisoned offenders were assessed as qualifying for substance abuse treatment, with an added 10% in need of substance abuse education. Additionally, 33% of defendants receiving probation could be expected to test positive for drugs or alcohol during community supervision. While the total number of felony offenders in Oakland County decreased from 6,622 in 1594 to 5,575 in 1999, this number subsequently began to climb, reaching 5,940 by 2002. Of this number, 470 cases were OUIL III, and 925 were Possession of Controlled Substances, representing almost 25* of the total. The percentage of the felony population sentenced to incarceration increased from 40% to 46% in that interval. Drug-using offenders continue to harm society through their crimes', broken families, increased health care needs, sporadic employment, court time, and related criminal justice costs. With 46% of all felony offenders in Oakland County are incarcerated, and one-third of probationers testing positive for drugs and alcohol, it is clear that existing rehabilitative methods are not addressing the root causes of substance abuse-related crime or recidivism, and that our community suffers as a result. . The Oakland County ATC was launched in August 2001,- offering intensive treatment-oriented probation to those substance-abusing offenders whose nonviolent, addiction-related criminal activity resulted in repeated contact with the criminal justice system and escalating sanctions, expected to culminate in incarceration. Initially, the ATC offender population was predominantly male, and nearly equally divided between Caucasians and African-Americans, although recent local trends and applications to the ATC evidence a growing problem among women. Alcohol is the drug of choice for all subgroups, followed by marijuana, cocaine, and heroin. Abuse patterns vary by offender, but most offenders use at least two different substances, thereby complicating treatment and recovery needs. r PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT 11(2003 - 2004 • Instructions: Please type the Project Description below. PROJECT DESCRIPTION Oakland County challenges the long-term, substance-abusing offender to make a life-altering choice: sobriety or incarceration. The offender who chooses to enter the ATC acquires, through an array of counseling and other support opportunities, the social and vocational skills crucial for functioning as a sober and contributing member of society. Those who choose not to participate face continued addiction and prolonged incarceration. DESCRIPTION OF THE ATC PROGRAM The ATC began as a post-adjudication treatment court designed: to benefit nonviolent, substance-abusing felony offenders, whose addictions lead to repeated criminal conduct with escalating sanctions (Plea Track). By combining rigorous substance abuse treatment and ancillary services with an intensive probation model, the ATC addresses the underlying cause of the offender's criminal behavior while protecting the offender's rights and promoting public safety. Initially, the ATC program capacity was set at sixty participants presumed destined for incarceration at sentencing, with enrollment limited to no more than thirty for the first • year of operation. This ensured that the court process and treatment protocols could be effectively implemented. The success of the program design has led to a planned expansion (May 2003) of the ATC to include a second category or track consisting of probation violators. (The Violation of Probation or VOP Track). Nonviolent, severe substance abusing felons must have violated probation for substance-related reasons. The VOP track will mirror the existing ATC treatment protocols. - Program Goals and Objectives Six distinct goals guide the operation of the ATC: 1) decreasing recidivism - by providing intensive supervision , substance abuse treatment and relapseprevention. 2) reducing participant substance abuse - by requiring frequent random drug screens and intensive probation supervision, in conjunction with required AA/NA involvement. 3) Improving participant social and family functioning - by providing individual, family and group counseling as well as other behaviorally and vocationally based supports 4) reducing the time between arrest and first service appearances - by fast tracking identified cases for court consideration and therapeutic review. 5) reducing docket crowding - by increasing speed of processing and reducing recidivistic PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT F1(2003 - 2004 Instructions: Please type theProjectDescriptionbelow. behavior. 6) reducing unnecessary incarceration - by using intensive probation and short-term detention alternatives. Eligibility To participate in the ATC, a defendant must meet the following eligibility requirements:  be charged with a nonviolent offense for which a defendant may be placed on community supervision, as expressly listed in Oakland County's implementation of Public Act 511; -  be convicted of no assaultive felonies; &4t61608; be presumptively placed in a sentencing guidelines straddle cell likely to lead to incarceration;.  be an Oakland County resident; 0,61608; have reliable transportation; and  demonstrate a serious to severe alcohol or other drug problem (abuse or addiction score within established NEEDS assessment guidelines, described below): The circumstances of the current offense or an offender's prior criminal history may result in an offender being deemed ineligible. An offender with a qualifying psychosocial assessment may still be excluded from the ATC depending on the severity of their co-condition(s). A new offense incurred during ATC enrollment may also result in a defendant being deemed ineligible to continue the program. In addition to PA 511 eligibility requirements, VOP track defendants must not have an offense or parole hold. Their new violation must be related to the defendant's substance abuse, and they must be eligible to serve at least an additional 24 months of probation, such that their total probation period shall not exceed 50 months. If a participant on either track is charged with a new felony, demonstrates assaultive conduct, relapses pursuant to the terms of the Memorandum of Understanding (MOU), or refuses to enter into or continue in a mandated treatment modality, the ATC judge, depending upon the order, of sentencing, either conducts a probation violation hearing or refers the matter back to the original trial judge to assess eligibility. Screening and Assessment To ensure that the target population enters the ATC c the planning team developed a 'I PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT .11(2(103 - 2004 bastructions:NduetypethePmjectDescriptianbehm two-tier screening process for the Plea Track, memorialized in the MOD. (Attachment A) Initially, the Prosecutor's Office screens new files at the warrant level to determine if offenders named in new complaints satisfy the baseline criteria for legal and statutory eligibility. An offender meeting the legal requirements is then referred to the case manager for the second tier psychosocial review, facilitated by the coordinator employing the NEEDS assessment tool, and the case manager. Prior to administering the NEEDS • Assessment, the ATC staff provides the participant with a consent form for the disclosure of the Assessment results to the treatment team and providers. (Attachment B) The NEEDS is an extension of the Substance Abuse Life Circumstances Evaluation ("SALCE"), utilizing the same decision rules. The NEEDS measures nine domains, in addition to alcohol and other drug ("AOD°) use, and serves as a snapshot of offender beliefs and conditions at the time of the immediate crisis by assessing basic problem solving skills, reading level, emotional stability, substance abuse conduct and history, employment status, personal relationships and support system, physical health status, educational level, and criminal history. It provides a Level of Care Index based on American Society of Addiction Medicine criteria, and a DSM IV diagnosis. The NEEDS has been tested for bath reliability and validity. It has 96% general agreement with personal interviews. For purposes of the ATC, established guidelines include a score of three or higher on the Substance Abuse Assessment section of the NEEDS, which will confirm a serious to severe problem with drug or alcohol abuse or addiction. Additionally, the offender must also score three or less on the Supervision Level of the NEEDS, which confirms the presence of some stabilizing influences in the offender's life, based on overall reported vulnerability and criminal activity. The latter score suggests a probability of eventual success with the Court's supervision. Administration of the NEEDS most often occurs within forty-eight hours of offender identification for candidacy. Screening not only identifies major strengths and weaknesses, including factors that can undermine or support lifestyle improvements (such as cognitive deficits, family strife, etc.), but it also identifies a participant's willingness to comply with program objectives. A complete review of court failures, prior probation and treatment history is conducted, as well, through the PSIR. Initial assessment follows quickly on the heels of screening, exploring issues referenced in the original interview, with an emphasis on strengths and vulnerabilities uncovered by the screening device. The'goals of the ATC assessment are not limited to examination of the nature and scope of the defendant's substance abuse record and issues. It aims also at a thorough understanding of the impact of AOD use on personal and public relationships, and identifies pertinent physical and psychological complications. It reviews treatment attempt history and outcomes, family or companion involvement in AOD use, personal recovery goals and potential impediments to success. X PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT F1(2003 -; 2004 Instructions: Please type the Project Description below. By identifying the services needs, employment and educational deficits, in combination with the previously delineated factors, an appropriate match to support services can occur. But assessment does not stop there. The ATC is committed to implementing participant re-evaluation, as clients adjust to the drug coUrt structure and experience increasing amounts of sober time. NEEDS tests will now be administered after 60 days of residential treatment. This will be done in order to verify the initial NEEDS Assessment results and to search for underlying co-conditions that were masked by the participant's untreated substance abuse. Case Processing For the Plea Track, the case process begins when the Prosecutor's Office Warrants Division examines a complaint for ATC eligibility. The offender is arraigned on the warrant at District Court. within 48 hours after warrant issuance, and a preliminary examination is scheduled two weeks following this arraignment. Pursuant to the terms of the Plea MOU, the offender with an interest in enrollment and with advice of counsel waives the preliminary examination and the matter is bound over by District Court to the Oakland County Circuit Court. Following this arraignment, counsel approaches the trial judge about pleading guilty to the charges with consideration for the ATC,.pursuant to a Cobbs agreement. The Probation Department prepares a Pre Sentence Investigation Report ("PSIR") within two to five weeks of the plea date, depending upon whether the offender is in custody or free on bond. The PSIR examines the participant's family, work,. medical, substance abuse and social and offense history, as well as the circumstances surrounding the current offense. After completing the requisite materials, the offender is then formally sentenced to the ATC. If the offender meets both the legal and the psychosocial criteria of the ATC, their file is stamped "ATC eligible". The offender is notified of his or her opportunity to enroll through his or her attorney, at or shortly after the arraignment on the warrant in District Court. At the same time, the offender reviews with counsel the defense advisor form. This form explains the role of .the defense advisor within the ATC and explains that the defense advisor does not serve as the offender's attorney within the ATC. The form is presented before the offender enters the program; in order to ensure that the offender is aware of the point and does. not enter the court with a misunderstanding of the role of the defense advisor. (Attachment C) A similar process is used for the VOP Track (Attachment D). The VOP Track begins with a case analysis that prompts the probation officer to request either an order to show cause or a bench warrant for a probation violation. After the defendant is adjudicated responsible for the violation, and a PSIR is prepared recommending the defendant to the ATC, the sentencing court extends an invitation to participate. The NEEDS is completed by the coordinator, or may be obtained from Community Corrections Pretrial Services if r PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT fl(2003 - 2004 • Instructions: Please type the Project Description below. the offender was sentenced in a prior case. In all other respects, the case proceeds in the same manner as other probation violations. Once a defendant is admitted, the treatment protocol of the 1/OP Track mirrors the Plea Track. Recognizing the success of coercive treatment, the sentencing court may also order an eligible defendant into the ATC. Irrespective of track, at the initial ATC court session, an offender explains why he or she wishes to enter treatment court, and acknowledges responsibility for some form of substance abuse problem. The Assistant Prosecuting Attorney ("APA') assigned to the ATC then. moves for the offender's admission to the program. Either the case manager or the defense advisor concurs with the motion in a process designed-,to remind all participants that the ATC is a non-adversarial construct in which, parties routinely collaborate on the offender's plan. The treatment judge grants the motion for admission and gives the offender a folder containing a client handbook, sanctioning guidelines, a calendar, and other related materials. An ATC plea reduces the pre-adjudication process by at least six weeks. The gap between sentencing and the first ATC court session does not exceed 13 days, and treatment commences within 48 hours thereafter, or between 42 and 56 days following arrest. Moreover, pending the first ATC session, the case manager works closely with OSAS to design a treatment plan for the offender. Thus, the first treatment event can often occur before the first formal court session. The entire ATC process, culminating in graduation, is currently completed after between 13 and 24 months. Service Delivery Plan Before each biweekly ATC session, the treatment team, which is composed of the judge, the case manager, an APA, the defense advisor, a treatment provider and the coordinator, meets to review the files of all participants scheduled to appear that day. This meeting, held in a closed conference room, provides the team with the opportunity to discuss and evaluate participant progress and craft a consistent therapeutic response. Elements considered include weekly progress reports from treatment providers, results from all drug and alcohol tests, and participant advancement relative to other rehabilitative and probationary expectations. At the court session, scheduled offenders respond to the judge's questions regarding their progress and struggles. References are made to the offender's families, jobs, plans and treatment. Where appropriate, the judge awards incentives or imposes sanctions. Progress through the ATC is divided into four stages. Participants must meet the objectives defined in the MOU for each stage. The stages proceed as follows: Stage One is marked by a participant's entry into the program. Treatment begins at a PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT Fl(2003 - 2004 Instructions: Please type the Project Description below. care level designated by Oakland County Office of Substance Abuse Services ('OSAS") and approved by the ATC. Each participant must submit to random drug and alcohol screens two to three times a week, meet with the case manager weekly, appear before the ATC bi-weekly, attend at least forty-five treatment meetings and obtain an AA or NA sponsor within the first ninetydays in the program. The participant must also follow through on referrals for other services. Stage One is expected to last a minimum of four months. Before a participant may advance to the next stage, he or she must have remained drug and 'alcohol free for four consecutive months. Stage Two continues the treatment component begun in Stage One, but lowers the level of intensity based upon the recommendation of the treatment provider and approved by the treatment team. Random drug and alcohol testing continues, although the frequency is reduced to at least once a week. . Meetings with the case manager and appearances at the ATC session occur monthly. The participant must attend at least three treatment sessions per week and continue to follow through on referrals for specialized treatment. The participant must seek full-time employment or enrollment in school, and begin restitution payments, where applicable. Finally, the participant must introduce his or her AA or NA sponsor to the ATC. Stage Three further decreases the level of monitoring and reporting, upon the recommendation of the treatment provider as validated by the treatment team. The participant meets with the case manager and appears before the ATC monthly. Random drug and alcohol screens occur at least monthly, as well. Attendance at treatment meetings continues at least three times per week and the AA or NA sponsor must provide a monthly report for review by the ATC team. The participant is expected to provide documentation of full-time employment or full-time enrollment in school, and continue payment toward any remaining restitution. Stage Four is designed as an integration and aftercare stage. The participant must continue to attend treatment meetings three times a week, maintain contact with the court and with the case manager monthly, or as directed. Steps are taken to prepare the participant for life outside of the ATC at this stage. This includes redueing .direct supervision and introducing the participant to the ATC alumni group. However, to guard against separation-triggered relapse, approximately one month prior to graduation the participant returns to weekly drug and alcohol screens. In addition, the case manager conducts a LEIN check to guarantee that the participant has not been charged with a new offense. graduation Requirements To graduate, a participant must successfully 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 all treatment goals, community service Pr PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT kl(2003 - 2004 Instructions: Please type the Project Description below. assignments, must have paid all fees and fines, and be enrolled in school or working. They must also have an association with an aftercare-type support system. Expulsion Criteria • If, during ATC enrollment, a participant is charged with a new felony, demonstrates assaultive Conduct, or refuses to enter or continue in a mandated treatment program ; the ATC judge shall either conduct a .probation violation hearing or refer the case back to the assigned trial judge for a review of eligibility. Other conduct that results in similar reconsideration includes missed drug test, adulterated drug test, dishonesty relative to ATC assignments, or absconding from the ATC and not voluntarily returning to the program. A failure to successfully complete the ATC will be treated as a violation of probation. • After twice absconding from the ATC and being sanctioned for this conduct, a participant may be given one further opportunity to succeed. A final failure results in expulsion, and prosecution for a violation of probation. Aftercare/Continuing Care Services Aftercare actually begins in Stage Four, as participants begin their transition from intensive supervision and monitoring to the unstructured daily challenges of a sober life. Upon graduation, many previously abundant and economical treatment and support services disappear, prompting the need for resource transition assistance. Graduates may continue to work with OSAS throughout their recovery, although opportunities for aid are significantly restricted. Because a participant is considered to be in early recovery at thirteen to twenty-four months of sobriety, the ATC established an alumni support group to serve as a maintenance network for, and as a link to, the ATC for late stage participants and alumni. The ATC Alumni group is organized and operated by community volunteers with extensive court, treatment and/or recovery experience. Alumni are encouraged to support each other and to mentor participants, joining the case manager and coordinator to support enduring sober lifestyles through emotional and practical, resource-based means. Substance Abuse Treatment Services As referenced above, cases are screened, service needs determined, and referrals generated by OSAS, a division of the Oakland County Department of Community Health. OSAS employs qualified clinical staff to evaluate each ATC case and direct it to the appropriate treatment modality. °SAS does not provide treatment services directly, but rather acts as an umbrella agency, monitoring programs and helping to appropriately match services with recipients. The treatment providers contracting with OSAS are licensed, PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT 11(2003 - 2004 Instructions: Please type the Project Description below. private, not-for-profit and for-profit organizations that offer a full range of therapeutic options, including residential, intensive outpatient and standard outpatient treatment. Frequently providers receive government funding to offset all or part of an offender's treatment costs. OSAS also attempts to leverage -insurance benefits to extend government and grant-based treatment dollars to a larger universe of participants. OSAS reviews its providers to ensure cultural competence, and the employment of ethnically diverse and multi-lingual staffs, as well as gender specific approaches to treatment. Thus, ATC participants will always be directed toward culturally sensitive programs, rather.than being dropped into a monolithic (or homogenous) treatment modality. OSAS begins developing a treatment plan when it performs a clinical review of the results of the NEEDS assessment. A credentialed consultant conducts a face-to-face or phone interview, depending on client circumstances. They then review the pool of contracted treatment providers to individualize, arrange, and even reconfigure services where needed. ()SAS representatives also advise the treatment team, either through the case manager or at team meetings, regarding overarching as well as individual treatment issues and options. The treatment protocol is entirely driven by OSAS assessment results. Individualized service plans focus not only on the substance abuse issues, but on parenting, partnering, and leisure time use, as well. Most providers, in addition to group, individual and family counseling, offer specialized training sessions in life skills, anger control, relational conflict resolution, as well as specific psychological or psychiatric treatment. Specific treatment providers, in cooperation with the case manager, provide culturally responsive, developmentally appropriate and needs-based substance abuse treatment. This cooperative arrangement also aims to enhance and expand linkages to ancillary services, thus improving client access to educational, vocational, housing, transportation, social, mental and physical health and family care services. The treatment providers also play an integral role on the ATC planning team, advising them as to participant amenability to treatment, and readiness for stage advancement, and contributing to program review discussions. Drug Testing Clients are initially tested for AOD at the first session with the case manager. Thereafter, drug and alcohol tests are regularly and randomly administered by the treatment provider, the case manager, and Community Corrections. Recognizing that continued use and relapse are distinct phenomena and must therefore be addressed differently, random AOD testing helps the ATC determine whether a participant has PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT fl(2003 - 2004 Instructions: Please type theProjectDescriptionbelow. continued to use banned substances or has relapsed following a period of abstinence. The number of tests required varies depending on the stage and the participant's success within that stage. Drug testing procedures are standardized, and all urine samples are Observed, The Probation Department utilizes instant, full-panel drug tests until a profile is established regarding the client's drug of choice. Then, two and three panel tests are administered based on that preference, with random full panels administered bimonthly thereafter to offset the likelihood of a transfer of drug preference. Disputed results are sent to a laboratory for confirmation. Alcohol monitoring occurs on a specific probation order, using both portable and on-site breathalyzers. Drug screen samples collected by treatment providers and Community Corrections are forwarded for lab analysis, with results returned within 48 hours. Random testing protocols are also followed for alcohol testing by Community Corrections, on an as needed basis. Positive drug screen results from all testers are immediately shared with the treatment team through electronic mail. 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 to expulsion. In cases where the trial judge retains jurisdiction over the Case, the participant returns to the assigned trial judge for a ruling On continued ATC participation after an infraction. Where jurisdiction has been given to the ATC judge, that judge will make the ruling on continued ATC involvement. Treatment responses may include additional testing, supplementary AA or NA meetings, or increased treatment level or, intensity. While distinct, legal and treatment responses are nonetheless carefully coordinated, to minimize the appearance of inconsistency. Incentives and Sanctions - All ATC team members recognize that clients are individuals of real and potential value, and are wholly invested in client success. To that end, the team endeavors to follow a strength-based model for ATC operation, which identifies attributes and nurtures them whenever possible. While sanctions are essential to addressing a participant's negative behavior, incentives that recognize and reward participant progress are crucial to building client self-efficacy. Incentives can be recommended by all ATC staff, but are granted at the judge's discretion. Rewards begin with the positive courtroom atmosphere, designed to facilitate engagement. Some methods of positive reinforcement such as applause, public acknowledgement and praise, or other types of rewards are standard fixtures of the court routine. More specific incentives are designed to be flexible and individualized, and are awarded when a participant _reaches a treatment milestone or advances a stage. These include tangible items such as gift or award certificates, medallions, tickets for social activities, classes or events, and fee or fine reductions. Other rewards include decreased reporting requirements, stage shortening, opportunities PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT /A7 2003 - 2004 Instructions: Please type the ProjectDescriptionbelow. for peer leadership, recognition ceremonies, graduation parties and recommendation for dismissal. Through the adoption of a Sanctioning Guide (Attachment E), the ATC established a set of graduated responses to be applied in immediate and direct reaction to compliance lapses. The Guide provides a menu of legal and treatment consequences . for identified violations, classified by severity. Sanctions include admonishments and warnings, essays, apology letters, reading assignments, community service, home visits, behavior contracting, daily reporting, electronic tether, weekend or three-day detention, protracted incarceration, and program termination. Through the use of rewards, sanctions, and feedback from the judge and treatment team, the ATC process reinforces the hard work performed by the therapist and case manager who guide and discipline participants between court sessions. The sense of community created within the courtroom strengthens the impact of all rewards and sanctions. The ATC team recognizes that the legal and treatment responses, while addressing the same behavior, can sometimes serve different purposes. Therefore, a legal or treatment decision may be ordered that appears inconsistent with other decisions.. Apparent clashes between disciplines are understood, even anticipated, to occur in the course of therapeutic jurisprudence. The participant is therefore not relieved of a more severe consequence imposed by one sphere, because the other did not require or exhibit a response. The legal and treatment personnel of the ATC endeavor to address the sanctionable behavior within the context of their specialty, and not in a fashion designed to fluster or demean the particiPant or Other members of the team. All sanctions are ultimately supported by the threat (and imposition Where necessary) of short periods of escalating jail time, which is critical to the credibility of the graduated sanction model. Ancillary Services and Community Linkages Oakland County has been fortunate to have an assortment of public and private service options available to insure that individual treatment needs are addressed.' Presently, Oakland County Community Corrections provides the initial educational and vocational opportunities for participants, through the Step Forward (day reporting) and Reading to Reduce Recidivism (tutoring/literacy) programs. They also work with residential treatment providers and ATC staff to address issues regarding transportation, housing, mentoring, and job preparation. community Corrections and the Probation Department arrange community service opportunities, and collaborate with the treatment providers and Community Mental Health to offer programs to address anger management, violence prevention, victimization, and values formation, among others. PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AlsID LOCAL LAW ENFORCEMENT BLOCK GRANT FAr2003 - 2004 Instructions: Please typetheProject Description below. To help participants fund medical and mental health services, the case manager and coordinator work with participants to apply for Medicaid, when needed. Project STOP, operated by Community Programs, Inc., provides a three-day incarceration alternative. To assist with developing community bonds and resource acquisition, the ATC is planning the creation of a citizen resource and advocacy council, modeled after 'committees and coalitions utilized by local courts and communities. The ATC seeks to coordinate the broad based efforts of related local groups throughout the County to the advantage of the ATC participants. By drawing upon the experience, interest, and organization of existing citizen groups, the ATC has the opportunity to build upon community strengths, rather than needlessly duplicating suchefforts to the disadvantage of everyone involved. A realistic advantage of this approach is that the existing community organizations, utilizing their existing networks, can obtain material resources for the benefit of the ATC. To this extent, the ATC has already begun establishing a county donation account that can receive and account for any such gifts.. The Oakland County Board of Commissioners established the donation accounts for purposes just like the present one to secure the integrity of the system and ensure an adequate monitoring system for the gifts entrusted to the County. The advantage of the donation account is that it utilizes the existing county structure and fiscal services systems to track the gifts. As part of ongoing rehabilitation, participants are encouraged to engage in alumni group activities, organized by interested professionals and individuals from the recovery community, as indicated above. . ATC Efforts will continue to expand the scope and quantity of collateral services. While dually-diagnosed offenders were initially excluded from the ATC, offenders with mental health problems may now qualify for services. To determine whether additional psychological services should be considered, a second NEEDS assessment will be administered as participants finish the second month of residential treatment. This will validate the results of the first test or identify any co-conditions that were previously veiled by a subsiding substance abuse problem. Participants with distinct, diagnosable mental illness may now be referred to community Mental Health for more complex treatment services. Roles and Responsibilities of the Drug Court Team The treatment team consists of the judge (Hon. Joan E. Young), assistant prosecuting attorney (Robert Morad), defense advisor (R. Diana Bare), case manager (Jason Furst) and coordinator (Ellen Zehnder). Treatment providers (Sandra Kosik) from OSAS and (William Epling) from Community Programs Inc. provide technical and planning assistance to the ATC PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT 11(2003 - 2004 Instructions: Please type the Project Description below. • team on an as-needed basis. Using a flattened management model, all team members are insured, a voice in the development of policies and procedures, and review and decisions regarding rewards and sanctions. Whenever possible, team members communicate • simultaneously, through team meetings, broadcast e-mails or conference calls. However, as necessary, the case manager may consult. with the judge oUtside of the presence of the defense advisor pursuant to People v Smith, 423 Mich 427; 378 NW2d 384 (1986). Judicial Supervision: The ATC judge maintains continuous client supervision by presiding • over biweekly status review hearings. She chairs the pre-hearing meetings, and hosts bi-monthly planning team meetings. In consultation with the treatment team, and consistent with the recommendations of the treatment providers and the Sanctioning Guide, the judge issues sanctions and rewards to participants as their progress merits, and determines when to allow stage advancement and graduation. The judge develops strategies to adapt Circuit Court structures to accommodate drug court demands, and promotes or negotiates for colleague, administrative and multi-system (external) partnerships to support the ADC. Judge Young also recently initiated, and now chairs, a collective of local drug treatment courts, which is exploring the efficiencies of joint training, resource acquisition and problem solving.. Case Management: The Probation Department provides case management for ATC clients. A probation officer with a strong treatment orientation, and degreed in the behavioral sciences, conducts the initial screening interview, reviewing drug and alcohol tests and criminal history. He then meets weekly with each participant to Coordinate services and to act as immediate contact for all matters regarding participant conduct. The case manager maintains client accountability 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 case manager has the discretion to contact offender, judge, CSAS or provider in an effort in an effort to address problems as they arise. Presently, only one case manager supervises twenty-four participants. As the program expands, it is understood that another case manager will be assigned to ease the caseload. • Attorney Participation: The assistant prosecutor attends all ATC meetings and sessions, aids in the training of defense attorneys, and represents the People's interests relative to the operation and development of the ATC. He reviews cases for inclusion, and files all related paperwork. The defense advisor is a defense attorney under contract to the ATC. Pursuant to the MOU, this attorney does not maintain a traditional confidential attorney-client relationship with participants. Rather, the advisor educates a participant's original defense counsel about the elements and advantages of the ATC option, and monitors methods utilized by the ATC to ensure that due process rights are protected. The defense advisor attends all ATC meetings and court sessions, and represents the defense perspective in PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT fl(2003 - 2004 Instructions: Please type the ProjectDescriptionbelow. the development, operation, and refinements of the ATC. Both prosecutor and defense advisor enthusiastically subscribe to the non-adversarial, collaborative model represented in the ATC. Coordinator Role: The coordinator acts as gatekeeper, identifies new candidates, schedules and attends meetings and review hearings, compiles and collects documentation • concerning participant progress, and acts as a liaison to the Office of Substance Abuse Services, to maintain quality control over treatment and testing providers.. The coordinator develops and maintains a procedure manual, and assists with.communications among community stakeholders, judges, grant writers and funding sources regarding program status. The coordinator's involvement in program evaluation includes, but is not limited to, the development and maintenance of a data collection system. Treatment Provider Role: OSAS serves as central assessment and referral for treatment services.. They provide timely and comprehensive substance abuse evaluations, and aid in the creation of treatment plans. OSAS is vital to insuring appropriate service utilization, and minimizing inappropriate resource dispersal. A representative attends all review hearings and planning meetings, and recommends participant plan elements as well as programmatic adjustments. Individual providers engage in routine exchanges with the case manager and coordinator, in an attempt to limit relapse and regression. Analysis of Prior Year's Performance and Reasons for Program Modifications Throughout the development and implementation of the ATC, the underlying goal has been to capture a felony population who would benefit from treatment for serious substance abuse difficulties, without endangering public safety. Initially, the ATC sought eligible offenders as they were charged with a new offense, the Plea Track. Over the last one and one-half years, the ATC has admitted 45 participants to the program on this track. During the time of operation, similarly situated offenders who did not qualify for the program were observed to struggle with probation due to substance abuse or addiction. The risks and potential benefits were clear. • If the underlying substance abuse issues of probationers remained untreated, offenders faced a reasonable likelihood of either violating probation or committing a new crime. The ATc realized that this second population provided an opportunity, and a defined need, to expand the treatment pool. Rather than wait for probationers to "fail" with a new offense, eligibility criteria was broadened to include the probation violator population, the VOP Track. The most effective way to enable this expansion was to utilize the existing ATC structure to serve both plea and probation violator tracks. However, stakeholders realized that by s PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT fl(2003 - 2004 Instructions: Please type the ProjectDescriptionbelow. simply absorbing this. new VOP population into the existing docket, the efficiency and effectiveness of frequent judicial interaction could be compromised. Another judge was added, therefore, to guarantee a manageable docket. Concurrent with this addition, the docket was segregated by sex, rather than by track. Thus, the expansion of the ATC has not only broadened service availability, but also permits the court to focus on the distinct gender-based needs presented by participants. Management Plan TIME TASK PLNW Goal. #1 Enhance Community Resources Supporting the Oakland County Adult Treatment Court Objectives Activity/Time Frame Person Responsible Develop primary care options for participants. Contact Oakland County Health Department and Oakland Family Services for information; conduct follow up with available resources by October 1, 2003 coordinator , Implement alumni group. Work with Steve Kirschner (volunteer attorney) and Hon. David Breck (former drug court judge) to develop an alumni group; encourage parties to continue attending ATC sessions to form relationships with participants. This is an ongoing process. treatment team Implement community advisory team Draw upon experience and knowledge of existing community coalitions, the ATC will recruit an advisory team to coordinate resources and opportunities across the county. treatment team Goal #2 Develop Effective System of Obtaining Rewards for Participants Objectives Activity/Time Frame Person Responsible Open County account with Fiscal Services for the acceptance of gifts. Within the next quarter establish an account with Fiscal Services, program manager Begin community outreach for rewards for ATC participants. Once the Fiscal Services account is open, contact local businesses and civic groups for tangible rewards for participants. Use outreach as means of educating public about ATC program and philosophy. This will be an ongoing process. treatment and planning teams II PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT 11(2003 - 2004 Instructions: Please type the Project Description below. Goal #3 Enhance Existing Casework Management Information System Objectives Activity/Time Frame Person Responsible Improve utilization of NEEDS data. Recruit student interns to load data obtained from the NEEDS assessment into the NEEDS Outcome MIS tool by June 1, 2003 Administer NEEDS 60 days after the onset of treatment, to verify initial assessment and search for cloaked co-conditions. Review data elements and structures vis-A-vis the American Un-iversity recommended model - (Buffalo), and adapt current system to conform to program information needs. • project manager and coordinator • coordinator coordinator, grant writer, and MIS specialist Implement universal reporting format with treatment providers. Refine treatment report form used by all treatment providers by August 1, 2003 treatment providers, case manager, and coordinator Streamline submission of treatment reports. Develop and implement process to enhance timely submission of treatment reports to case manager and coordinator by August 1, 2003 treatment team and treatment providers Revise reports generated from the NEEDS. Review MIS. utilized by Buffalo New York Drug Court provided by American University, to determine potential modifications to Access templates. This is an ongoing process. project manager, coordinator, and MIS expert Goal # 4 Develop a Process and,outcome Evaluation to Measure Program Results Objective Activity/Time Frame Person Responsible Begin competitive bid process to obtain external evaluator. Publish RFP; interview and award contract for ATC evaluation. June 1, 2003 program manager PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT fl(2003 - 2004 Instructions: Please type the ProjectDescriptionbelow. Begin evaluation to measure the efficacy of the ATC. Develcp and begin evaluation designed to establish the efficacy of the ATC by July 1, 2003. treatment and planning teams with'assistance of trained evaluator Increase process data collection. Administer Participant Surveys at a defined point in each stage. coordinator or case manager •Goal #5 Continue Oakland County Adult Treatment Court Team Training • Objective Activity/Time Frame Person Responsible Send treatment team to Michigan Association of Drug Court Professional's Annual Conference MADCP Conference January 2004 treatment team Build judicial and leadership skills and expand judicial leadership pool. Send Hon. Joan E. Young and Hon. Colleen O'Brien to NDCI Drug judge Training in Reno, NV October 8 - 12, 2003 treatment judges and program manager • Take a leadership role in coordination of countywide council of treatment courts. Coordinate trainings for Oakland and adjacent county treatment court personnel and other interested courts. judge Goal #6 Enhance Financial Stability of ATC Objectives Activity/Timeframe Person Responsible Enhance collection of ATC participant fees. Institute fee schedule predicated on existing probation court costs model. treatment team Enhance client cost responsibility Require participants with insurance and financial ability to pay co-pay for treatment costs treatment team Goal #7 Extend successful services to a broader pool of defendants. Objectives Activity/Timeframe Person Responsible PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT n2003 - 2004 Instructions: Please type the ProjectDescriptionbelow. • Expand scope of recruitment and therefore services Increase enrollment by adding VOP track and additional judge to handle increased participant population. treatment team Cost/Benefits of Program In 2001, sixty percent of all probationers nationwide successfully completed the terms of their probation and were discharged. That same year in. Oakland County, probation completion rates were close to seventy-five percent. Of the probationers who constitute the twenty-five percent noncompliant remainder, many had violated the terms of their probation for reasons directly related to AOD use or addiction, and were subsequently sentenced to jail or prison. Studies evidence a strong 'correlation between effective substance abuse/addiction treatment and a reduction in crime. Specifically, the comprehensive drug court system is an efficient, cost-effective approach for dealing with the drug-using offender. Conversely, studies show that those who do not undergo treatment return to criminal activity. Unless the cycle of addiction is broken, at least forty-five percent of defendants convicted of a crime involving drug possession will commit similar crimes within two to three years. National studies also indicate that fifty to sixty percent of drug users commit further crimes after being in prison. They suggest that the adult ' • criminal justice system's mission of ensuring public safety may be met more successfully without the expense of incarceration, as long as structured treatment is incorporated into the individual's probationary sentence. All justice sectors note "cost avoidance" resulting from offender recidivism reductions. The justice system benefits because the ATC disposes of cases more quickly than the standard docket. The expected disposition is predicated on earlier screening and guaranteed placement. This generates commensurate reductions in judicial resource expenditures, investigative fees, attorney time for court appearances, and miscellaneous court expenses. Likewise, the prosecutors office and law enforcement also spend fewer resources engaged in investigation, arrest, and detention under the ATC model. Numerous jurisdictions used as reference in ATC planning, report more efficient use of jail and probation services as well, freeing resources for other, more dangerous offenders. Current budgetary and jail overcrowding problems highlight the obvious fact that incarceration is an expensive, finite, and increasingly scarce resource. A jail bed in Oakland County currently costs $82.00 per day or $29,930 a year. This cost does not include expenses associated with post-release supervision. A prison bed in Michigan varies from $44.95 per day or $16,299 a year for a Level I minimum-security facility, to $102.34 per day or $37,354 per year for a Level IV medium-security facility. As with jail costs, these figures do not include expenditures for building or maintaining the structures, or other facility overhead. PROJECT DESCRIPTION BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT FY2003 - 2004 Instructions: Please type the Project Description below. Experience with the Oakland County Adult Treatment Court shows that although initial treatment costs are high, they drop dramatically as drug and alcohol free participants leave residential facilities and move through lesa resource-intensive stages. After leaving a residential facility, intensive probation supervision, for instance, costs only $1,600 per year. • ATTACHMENT 3 BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM BUDGET SUMMARY FY 2003 - 2004 . _ PROGRAM BUDGET PERIOD DATE PREPARED STATE COURT AniumisTRATIVE OFFICE FROM TO 1/1/04 9/30/04 1/14/04 CONTRACTOR BUDGET AGREEMENT AMMENDMENT # County of Oakland-Sixth Circuit Court Original ADDRESS CMf STATE ZIP FEDERAL ID lz00 N. Telegraph Road Pontiac In -CODE pii u m g ER 48341 311=-6004876 EXPENDITURE CATEGORY STATE FUNDS LOCAL MATCH TOTAL BUDGET . Salaries and Wages 29,931 11,971 41,902 .2. FrIn.e Benefits 11,972 4,789 16,760 71 Is NI 3. Travel . Supplies and Materials 3,571 1,429 5,000 5. Contractual (Subcontracts) , 6. Equipment 7. Other Expenses 44,166 21,572 65,738 _ . • . TOTAL DIRECT EXPENDITURES 90-000 40 000 130.000 . Indirect Costs: Rate #1 % Indirect Costs: Rate #2 % 10 Other Cost Distributions , 11. TOTAL EXPENDITURES '-111",000 40,000 130,000 SOURCE OF FUNDS 12. Fees and Collections 4,500 4.500 13. State Agreement 90,0041 90,000 14. Local ---40,Exiu 40,000 15. Federal 16. Other 17. TOTAL FUNDING 90,000 40,000 4,500 134,500 COMPLETION IS A CONDMON OF FUNDING MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET — COST DETAIL Page 1 Of 1 PROGRAM CODE BUDGET PERIOD DATE PREPARED STATE COURT AIRIINISTRATIVE OFFICE FROM TO 1/1/04 9130/04 1114104 ; LOCAL AGENCY ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER County of Oakland–Sixth Circuit Comrt Tee - POSMONS TOTAL 1. SALARY & WAGES – POSITION DESCRIPTION REQUIRED SALARY COMMENTS —Cosesuaity Service Coordinator 1 41,902 Salary Covers grant period only. ' Total Salaries and Wages 1 41,902 2. FRINGE BENEFITS: (Specify) E FICA et LIFE INS. E DENTAL INS El COMPOSITE RATE 2 UNEMPLOY INS. Is VISION INS. 1-.11 WORK COMP AMOUNT % 2 RETIREMENT . El HEARING INS. 1:1 HOSPITAL INS. 0 OTHER Total Fringe Benefits 16,760 3. TRAVEL (Specify if any item exceeds 10% of Total Expenditures) TOTAL TRAVEL $ 600 4. SUPPLIES & MATERIALS(Specify if any item exceeds 10% of Total Expenditures) TOTAL SUPPLIES & MATERIALS 5,000 5. CONTRACTUAL (Subcontracts) Name. Address Amount TOTAL CONTRACTUAL 5. EQUIPMENT(Specify) TOTAL EQUIPMENT 7. OTHER EXPENSES(Specify if any item exceeds 10% of Total Expenditures Communication Space Cast Other - Treatment Coats TOTAL OTHER $ 65,738 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) $ 1 in 9. INDIRECT COST CALCULATIONS Rate *I: Base $ X Rate % Total $ Rate #2.: Base $ X Rate % Total _$ • 10. OTHER COST DISTRIBUTIONS (LOCAL HEALTH DEPARTMENTS ONLY) TOTAL OTHER COST DISTRIBUTIONS $ 11. TOTAL EXPENDITURES (Burn of lines 8-10) $ ImAno AUTHORITY: PA. 368 OF 1978 OCH-0385FY2002(E) ON) 612001 COMPLETION IS A CONDITION OF-FUNDING ' • ATTACHMENT 4 PERFORMANCE/PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: As referenced in Attachment A B. Any such other information as specified in Attachment A shall be developed and submitted by the Contractor as required by the Contract Manager. C. Reports and information shall be submitted to the Contract Manager at: All progress and financial reports will be submitted to the State Court Administrative Office, 925 West Ottawa, Lansing, MI 48915. D. The Contract Manager shall evaluate the reports submitted as described in Attachment 4, Items A. and B. for their completeness and adequacy.. E. The Contractor shall permit the State Court Administrative Office or its designee to visit and to make an evaluation of the project as determined by the Contract Manager. FINANCIAL STATUS REPORT MICHIGAN DEPARTMENT OF COMMUNITY H ATTACHMENT 5 BP° Number Contract Number Page Of Local Agency Name Program Code Street Address Report Period Date Prepared Thru • Final City, State, ZIP Code Agreement Period FE ID Number Thru . . t, 1, ,-., , • • P 4 , ..1 . - ................... -,4,. ._ • 4 — . i :F1 r, 1 . _ ..:..r..........11,Linna 1. Salaries & Wages . 2. Fringe Benefits 3. Travel MI 4. Supplies & Materials 5. Contractual (Sub-Contracts) 6. Equipment 7. Other Expenses 8 TOTAL DIRECT 9. Indirect Costs: Rate % 10. Other Cost Distributions 11 TOTAL EXPENDITURES SOURCE OF FUNDS: 12. State Agreement 13. Local 14. Federal 15. Other 16. Fees & Collections 17. TOTAL FUNDING CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accurate statement of expenditures and collections for the report period. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported. Authorized Signature Date Title Contact Person Name Telephone Number FOR STATE USE ONLY Advance Outstanding Advance Issued or Applied Balance Message . Authority: PA. 368 of 1978 Completion: is a Condition of Reimbursement DCH-0384 (Rev. 4/01) (W) Previous Edition Obsolete The Department of Community Health is an equal opportunity, employer, services, and programs provider. ATTACHMENT 6 Audit Status Notification Letter (Contractor exempt from the Single Audit or Financial Audit requirement) Date: To: Office of Audit Quality Assurance and Review Section Re: Period/Fiscal Year: The purpose of this letter is to comply with Michigan Department of Community Health grant contract Audit requirements. I certify that the (Natne of Contractor) expend less than $300,00o in federal awards, and received less than $300,000 in total Department funding. Please be advised that our agency's audit. did not address any findings related to current prior years, which negatively impact MDCH-funded programs. Therefore, we are not required to submit either a Single Audit or Financial Audit to the Department. If you have questions, please contact (Contractor's Representative) at (Telephone Niunber) Sincerely, (Contractor Representative/Title) Key Component #1 Key Component #2 ATTACHMENT A STATEMENT OF WORK The Contractor agrees to undertake, perform, and complete the additional services as described below. It is understood and agreed that all other conditions of the original agreement remain the same. 1. The Contractor is required to submit Quarterly Program Reports that detail the progress of the drug court program funded. Program Reports are due: April 20, 2004 July 20, 2004 October 20, 2004 2. The Contractor is encouraged to target non-violent probation violators and other non- violent felony offenders, particularly straddle cell offenders who have a prior record variable of 35 points or more, who based upon local sentencing practices are otherwise bound for prison. Subcontractors shall refer to the Violent Offender definition outlined in Appendix B of the 2002 Federal Drug Court Discretionary Program Grant Guide in order to determine violence. 3. The Contractor agrees to comply with the Key Components of Drug Courts as specified by the U.S. Department of Justice, Drug Courts Program Office and the National Association of Drug Court Professionals and as outlined by the following: Key Component #3 Key Component #4 Key Component #5 Key Component #6 Key Component #7 Key Component #8 Key Component #9 Drug Courts integrate alcohol and other drug treatment services with justice system case processing. Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. Eligible participants are identified early and promptly placed in the drug court program. Drug Courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. Abstinence is monitored by frequent alcohol and other drug testing. A coordinated strategy governs drug court responses to participants' compliance. ongoing judicial interaction with each drug court participant is essential. Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. Key Component #10 Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness. 4. The Contractor's budget must reflect at least a twenty-five percent hard cash match. Cash match may come from other state funds appropriated to the contractor. 5. Contractors receiving treatment dollars funded through Byrne must use licensed and accredited substance abuse treatment providers contracted through the Substance Abuse Coordinating Agencies. 6. Contractors must ensure that drug court participants are employed, seeking employment, or engaged in activities to enable them to be employed. _ 7. Contractors must ensure that a plea by participants is required; no deferred prosecution. 8. Contractors must ensure that treatment and rehabilitative services provided are based upon a comprehensive assessment of participant needs. Participation in 12-step and other faith-based programs is encouraged. 9. Contractors must ensure that participants make some payment toward drug court costs. Payments may be on a sliding fee scale, ability to pay basis. 2000/2001 REGIONAL COORDINATING AGENCIES CONTACT LIST DETROIT DEPARTMENT OF HEALTH Calvin R. Trent, Ph.D., Director Bureau of Substance Abuse Herman Kiefer Health Complex Main Bldg., Rm 317, B Wing 1151 Taylor Detroit, MI 48202 Phone: (313) 876-4566 Fax: (313) 876-0778 Email: trentotahealth.ci.detroitrni.us Website: www.ci‘detroitmi.us Serving: City of Detroit • PATHWAYS Edward J. Sloan, Deputy Director Substance Abuse Services Division 1500 West Washington Street Marquette, MI 49855 Phone: (906) 228-2572 Fax: (906) 228-3899 Email: esloan1049@eol.corn Serving: Alger, Chippewa, Delta, Luce, Mackinac, Marquette, Menominee, Schoolcraft Counties GENESEE COUNTY HEALTH DEPARTMENT Robert M. Pestronk, M.P.H., Health Officer Floyd J. McCree Courts & Human Services Bldg. 630 South Saginaw Street Flint, MI 4.8502-1540 Phone: (810) 257-3201 Fax: (810) 257-3018 Serving: Genesee County KALAMAZOO COUNTY HUMAN SERVICES DEPARTMENT, REGIONAL COORDINATING AGENCY Charles E. Spence, Ph.D. Regional Coordinator Nazareth Complex 3299 Gull Road P.O. Box 42 Nazareth, MI 49074-0042 Phone: (616) 373-5209 Fax: (616) 373-5022 Email: cespen@kalcounty.com Serving: Barry, Branch, Kalamazoo, St. Joseph Counties KENT COUNTY COMMUNITY MENTAL HEALTH Bonnie Huntley Executive Director 728 Fuller Avenue, NE Grand Rapids, MI 49503 Phone: (616) 336-3765 Fax: (616) 336-3593 Email: bonniehacmkco.kentmi,us Website: www.cp,kent,mi.us/crnh Serving: Ionia, Kent, Montcalm, Newaygo Counties LAKESHORE COORDINATING COUNCIL Karen Youngs Hartley, MPH, Executive Director/CEO 324 Washington Street P.O. Box 268 Grand Haven, MI 49417-0268 Phone: (616) 846-6720 Fax: (616) 846-5081 Serving: Allegan, Berrien, Cass, Muskegon, Ottawa, Van Buren Counties MACOMB COUNTY COMMUNITY MENTAL HEALTH David C. Olin, Director Office of Substance Abuse Services Macomb County Bldg. 10 North Main Street Mt Clemens, MI 48043 Phone: (586) 469-5278 or 4.69-5920 Fax: (586) 469-5568 Serving: Macomb County MID-SOUTH SUBSTANCE ABUSE COMMISSION Robin L. Reynolds, Executive Director 2875 Northwind Drive, Suite 215 East Lansing, MI 48823 Phone: (517) 337-4406 Fax: (517) 337-8578 Email: rreynolds@mssac.com Website: www.mssac.com Page 1 of 2 Rev. 2122102 SOUTHEAST MICHIGAN COMMUNITY ALLIANCE John B. O'Reilly, Jr., Executive Director 25363 Eureka Rd. Taylor, MI 48180 Phone: (734) 229-3500 Fax: (734) 229-3501 Website: www.semca.oro Serving: Monroe & Wayne Counties WASHTENAW COMMUNITY HEALTH ORGANIZATION Marci Scalera, Substance Abuse Coordinator Livingston-Washtenaw Substance Abuse Coordinating Agency P.O. Box 915 555 Towner Street Ypsilanti, MI 48197 Phone: (734) 484-6625, Ext. 4031 Fax: (734) 484-6634 Email: scalerarrtQco.wesbtenaw.mi.us Serving: Livingston, Washtenaw Counties WESTERN U.P. SUBSTANCE ABUSE SERVICES COORDINATING AGENCY Mark Ha!kola, Coordinator 903 W. Memorial Drive Houghton, MI 49931 Phone: (906) 482-7710 Fax: (906) 482-3217 Serving: Baraga, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Ontonagon Counties Page 2 of 2 Rev. 2122/02 • 2000/2001 REGIONAL COORDINATING AGENCIES CONTACT LIST Serving: Calhoun, Clinton, Eaton, Gratiot, Hillsdale, Ingham, Jackson, Lenawee, Shiawassee Counties NORTHERN MICHIGAN SUBSTANCE ABUSE SERVICES, INC. Dennis Priess, Exec. Director 1165 Elkview Drive, Ste., 1 P.O. Box 1278 Gaylord, MI 49734-1278 (P.O, Box only) Gaylord, MI 49735 (Physical address only) Phone: (989) 732-1791 Fax: (989) 732-7052 Email: doriessgnmsaa.net Website; www,nms_as.net Serving: Alcona, Arenac, Alpena, Antrim, Benzie, Charlevoix, Cheboygan, Clare, Crawford, Emmet, Gladwin, Grand Traverse, Isabella, !asco t Kalkaska, Lake, Leelanau, Manistee,Mason, Mecosta, Midland, Missaukee, Montmorency, Oceana, Osceola, Ogemaw,Oscoda, Otsego, Presque Isle, Roscommon, Wexford Counties OAKLAND COUNTY HEALTH DIVISION Sandra Kosik, Coordinator Office of Substance Abuse 250 Elizabeth Lake Road, Suite 1550 Pontiac, MI 48341-1050 Phone: (248) 858-0001 Fax: (248) 452-8672 Email: kosiksaco.ciakland.mi,us Serving: Oakland County SAGINAW COUNTY HEALTH DEPARTMENT Cheryl Plettenberg, Ed.D 1600 North Michigan Avenue, Ste 501 Saginaw, MI 48602-5395 Phone: (989) 758-3745 Fax: (989) 758-3746 caplettenberg@hline.localhealth.net _Serving: Bay, Saginaw Counties ST CLAIR COUNTY HEALTH DEPT Thumb Region Substance Abuse Services Coordinating. Agency John Parsons, Executive Director/Health Officer of Substance Abuse Services 3415 - 28th Street Port Huron, MI 48060 Phone: (810) 987-8922 Fax: (810) 985-2150 Email: dwhill1Q0Ohotmail.com Serving: Huron, Lapeer, Sanilac, St. Clair, Tuscola Counties Special Revenue Fund 279 Revenue 1-35-279-100911-28000-0171 FY 2004 $ 90,000 $ 90,000 Grants-State FISCAL NOTE 104034 February 5, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT - 2004 BYRNE GRANT PROGRAM - ADULT - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT AGREEMENT 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 Community Health, Office of Drug Control Policy has awarded the Oakland County Circuit Court/General Jurisdiction grant funding in the amount of $90,000 for the period January 1, 2004 through September 30, 2004 2. The total program cost is $130,000, which includes $90,000 in State funds and $40,000 in Local match. 3. The Local match of $40,000 will be covered by the 2004 SCAO grant award and require no additional General Fund/General Purpose funds. 4. Should the SCAO grant used as match for this Byrne Grant is not be awarded, the total program expenditures must be reduced to the level of the Byrne Grant awarded. 5. The grant award includes continued funding for one (1) Circuit Court/General Jurisdiction Community Service Coordinator position (#35301-09837) salary and fringes of $41,903, travel and supplies of $3,931, and treatment cost of $44,166, 6. In addition to the County match requirements, the County is expected to incur administrative and support costs of $2,362 for 2004, which have been included in the FY 2004/FY 2005 budget. This grant does not allow for recovery of those costs. 7. According to the current agreement language, acceptance of this grant will not require the County to continue the program beyond the grant-funding period. 8. A budget amendment is recommended as follows: Expenditures 2-35-279-200911-28000-2001 2-35-279-200911-28000-2075 2-35-279-200911-28000-3756 2-35-279-200911-28000-3348 2-35-279-200911-28000-4172 Salaries $ 29,931 Fringe Benefits 11,972 Travel and Conference 360 Professional Services 44,166 Materials and Supplies $ 3,571 $ 90,000 FINANCE COMMITTEE (7,1e(6 46t7 1/, FINANCE COMMITTEE Motion carried unanimously on a roll call vote. OM. G. William Caddell, County Clerk Resolution #04034 February 5, 2004 Moved by Crawford supported by KowaII the resolution be adopted. Moved by Crawford supported by Zack the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Crawford supported by Long the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution as amended: AYES: Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Moss, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jam ian. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. I NEW ARM TIE FORMS MUM STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 February 5, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed theApal ()f lee County of Oakland at Pontiac, Michigan this 5th day of February, 2004.