Loading...
HomeMy WebLinkAboutResolutions - 2004.10.21 - 27648MISCELLANEOUS RESOLUTION #04305 October 21, 2004 BY: Public Services Committee, Hugh Crawford, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS - ACCEPTANCE OF FY 2004/2005 COMMUNITY CORRECTIONS GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for $3,825,403 in grant funds for the period of October 1, 2004, through September 30, 2005; and WHEREAS the MDOC has awarded Oakland County a FY 2004/2005 Community Corrections grant in the amount of $3,609,403, which is a 5.6% variance or $216,000 less than requested in the application amount; and WHEREAS the grant continues to fund sixteen (16) Community Corrections Specialist us (positions # 7424, 7425, 7426, 7427, 7429, 7430, 7431, 7432, 7433, 7434, 9003, 9243, 9247, 9291, 9648, 9649); two (2) PTNE Community Corrections Specialist us (positions 9001 and 9292), one (1) Office Assistant II (position 9295), one half (.5) Community Corrections User Support Specialist (position 7834), one (1) Community Corrections Specialist III (position 7428), and one half (.5) Supervisor-Community Corrections (position 9396) in the Community Correction's Division; and WHEREAS the grant continues to fund three (3) Inmate Caseworkers (positions 7418, 7419, and 7420); two (2) Work Projects Coordinators (positions 7422 and 7423), one (1) Office Assistant I (position 7417), one Inmate Substance Abuse Tech (position 7421), and one (1) PTE Inmate Substance Abuse Tech (position 9397) in the Sheriff's Office; and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant; however it should be noted that there are General Fund/General Purpose funded Community Corrections Specialist positions included in the Fiscal Year 2004/2005 Budget, which are not part of this grant; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2004/2005 Community Corrections grant from the Michigan Department of Corrections in the amount of $3,609,403. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund/General Purpose Fund) will be contingent upon the level of funding available from the State. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried on a roll call vote with Crawford absent. michael pohlod From: Greg Givens [givensg@co.oakland.mi.us ] Rant: Thl 1rqriAv SormtAmhPr fl 7nn4 P.911 AM To: Doyle, Larry; Hankey, Barb Cc: Pohlod, Michael; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW— Community Corrections Division CONTRACT REVIEW - Community Corrections Division GRANT NAME: FY 2005 Community Corrections Comprehensive Plan FUNDING AGENCY: Michigan Department of Corrections DEPARTMENT CONTACT PERSON: Barbara M. Hankey / 451-2306 STATUS: Acceptance DATE: September 30, 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. Please note the comments from Corporation Counsel. 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 (9/16/2004) Department of Human Resources: Approved. - Ed Poisson (9/29/2004) Risk Management and Safety: Approved. - Gerald Mathews (9/20/2004) Corporation Counsel: On review of this grant application there appear to be no outstanding legal issues that require additional action or resolution. However, Section 5 on Compensation merits comment. The second paragraph in Section 5 states: "Payments are subject to, and contingent upon, availability of funding from the legislature and/or executive branches. Payments may be limited, discontinued, or eliminated if the legislature fails to appropriate sufficient funds, or if an executive order, directive, or departmental decision limits, discontinues, or eliminates the ability of the STATE to make such payments." Although the State verbally assures me that this is merely a "failsafe" provision, it puts the County on notice that State funds could be stopped abruptly. County agencies operating under a grant contract with this (or similar) language should be prepared to respond promptly if the state acts to "limit, discontinue or eliminate" grant funds. Subcontracts should contain a provision that addresses payment obligations if state funding is interrupted. - Karen Agacinski (9/28/2004) 1. • COUNTY COPY Agreement Between MDOC and Oakland County Pe RUE:NOSE? 1 a 201 AGREEMENT BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF CORRECTIONS AND OAKLAND COUNTY COMPREHENSIVE CORRECTIONS PLANS FEDERAL IDENTIFICATION NUMBER: 38-6004876 If This agreement made and entered into on by and between the State of Michigan, Department of Corrections, hereafter referred to as the STATE, and: Oakland County 1200 N. Telegraph Pontiac, Michigan 48341 hereafter referred to as the CONTRACTOR. W 1 1 NESSE, i-i: in consideration of the mutual promises, covenants, and representations, herein contained, the parties hereto agree as follows: SECTION 1 - STATEMENT OF PURPOSE WHEREAS, a Community Corrections Advisory Board representing: OAKLAND COUNTY has been established pursuant to the provisions of Section 7 of Act 511 of the Public Acts of 1988; and whereas a local Comprehensive Corrections Plan has been developed which outlines local goals, objectives, and priorities to decrease prison admissions and increase utilization of community-based sanctions and services for non-violent offenders; and whereas the STALE has approved the Comprehensive Corrections Plan and the award of Fiscal Year 2005 Community Corrections funds for continued implementation of the plan; this agreement defines the roles and responsibilities of the CONTRACTOR and the STATE and the terms and conditions which apply during the term of this agreement. SECTION 2 - STATEMENT OF WORK A. The CONTRACTOR shall maintain policies and procedures and deliver services to eligible offenders in accord with the goals and- objectives, standards and policies as set Agreement Between MDOC and Oakland County Page 3 parole or probation, and is expressly prohibited under the terms of this contract, unless ordered by the court. 5. Staffing Standards — Criminal Record: The CONTRACTOR shall only appoint employees if they do not have pending criminal prosecution, not under the supervision of a criminal justice agency for a felony or misdemeanor, and do not have any prior felony or misdemeanor conviction without prior written approval from the State before performing any services under this Agreement. Ex- offenders will not be considered as a contracted staff until they have been discharged from all sentences including parole and probation for a minimum of five years. Ie The CONTRACTOR shall document that no staff members assigned to the agreement are related as an immediate family member to an offender being treated at their facility or at the institution to which they have been assigned by the CONTRACTOR. This includes: spouse, parent, grandparent, mother-in-law, father- in-law, child, stepchild, stepbrother, stepsister, brother-in-law, sisfer-in- law, or other relations by blood or marriage. 6. Licensing: The CONTRACTOR shall maintain and comply with the appropriate STATE license(s). The CONTRACTOR shall ensure staff who provide substance abuse and mental health services are qualified and experienced in contracted area of counseling as follows: a. Master's Degree or above and one year of experience in the contracted treatment area. b. Bachelor's Degree or above and three years of experience in the contracted treatment area. c. Other combinations of education and experience the STATE considers adequate to perform the necessary task effectively and efficiently and which have been specifically approved by the STATE. 7. Accreditation: The CONTRACTOR, if required by the STATE, shall within twelve months of the STATE requirement obtain and maintain accreditation as an alcohol and drug treatment program by one of the five national accreditation bodies. a. Joint Commission on Accreditation (JCAHO) b. American Osteopathic Association (AOA) c. Commission on Accreditation of Rehabilitation Facilities (CARF) Agreement Between MDOC and Oakland County 1)2.g. 5 SECTION 3 - SERUCES TO BE PROVIDED BY THE ST4TE For the purpose of this agreement, the STATE agrees to perform and/or provide the following: A. Appoint a STATE liaison who will provide assistance to the CONTRACTOR and monitor progress of the CONTRACTOR during the telin of the agreement. B. Provide program and contract administration guidelines and standards. C. Provide technical assistance and training. D. Provide reports of county and statewide program activity and anwalysis of program impact. The data and information to be included in the reports include that which is derived from the Jail Population Information System, the Community Corrections Information System, and other data systems maintained by the STATE. SECTION 4- PERIOD OF PERFORMANCE The term of this agreement shall be from October 1, 2004 through September 30, 2005. SECTIONS- COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable costs incurred during the performance of this contract pursuant to; the Fiscal Year 2005 Appropriations Act and the Community Corrections Act [791.411, Section 11 (1)]. The STATE shall make payments for all services specified in Riders B, C, and D pursuant to the terms and conditions presented in the Riders. The allowable costs and maximum amounts payable are specified in the Riders attached hereto. Payment shall be contingent upon receipt of proper documentation from the CONTRACTOR. Payments are subject to, and contingent upon, availability of funding from the legislature and/or executive branches. Payments may be limited, discontinued, or eliminated if the legislature fails to appropriate sufficient funds, or if an executive order, directive, or departmental decision limits, discontinues, or eliminates the ability of the STATE to make such payments. Any unexpended and non-encumbered funds shall be returned to the STATE within 30 days after the termination date of the contract. Returned funds shall be in the form of a check made payable to the STATE OF MICHIGAN and mailed to: Michigan Department of Corrections Office of Community Corrections Grandview Plaza Building P.O. Box 30003 Lansing, Michigan 48909 _ Agreement Between MDOC and Oakland County Page 7 Any mutually agreeable change to the terms of this agreement must be in the form of a written amendment to the agreement and signed by the signatories to this agreement prior to the implementation of the change. SECTION 12 - SEVERABILITT OF PROVISIONS If any part of this agreement is held by a Court having appropriate jurisdiction to be invalid, unconstitutional or beyond the authority of either the STATE or the CONTRACTOR to enter into or carry out, such part shall be deemed deleted and shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect. If, however, the removal of such provision would result in the illegality and/or unenforceability of this agreement, this agreement shall terminate as of the date in which the provision was found to be invalid, unconstitutional or beyond the authority of the parties, and the STATE shall reimburse the CONTRACTOR for all services provided under this agreement up to the effective date of termination. SECTION 13 -DEFAULT Default is defined as the failure of the CONTRACTOR to fulfill the obligation of the contract. The STATE will not consider the CONTRACTOR to be in default of this agreement if the CONTRACTOR is unable to perform the obligations set forth herein due to causes beyond the CONTRACTOR's reasonable control, which causes shall include, but are not limited to, acts of God, strikes, or inability to obtain labor or materials on time. In case of default by the CONTRACTOR, the STATE may cancel the contract immediately and hold the CONTRACTOR responsible for any excess costs. If the CONTRACTOR is unable to perform the obligations set forth herein due to causes beyond the CONTRACTOR's reasonable control, the completion of those obligations shall be rescheduled within a reasonable time by mutual agreement of the parties hereto. If it is not possible to reschedule within a reasonable time, this agreement may be canceled or terminated by the STATE upon thirty (30) days written notice. No payment shall be made by the STATE to the CONTRACTOR for goods or services not received or performed due to causes beyond the reasonable control of the CONTRACTOR. SECTION 14 - NON-DISCRIMINATION In the performance of any agreement resulting here from, the CONTRACTOR agrees not to discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental handicap or disability. The CONTRACTOR further agrees that every subcontract entered into for the performance of any agreement or purchase Agreement Between MDOC and Oakland County Pase 9 understood and agreed that nothing herein shall be construed as a waiver of any governmental immunity the CONTRACTOR has as provided by statute or modified by Court decisions which shall be asserted to the maximum extent peimissible. SECTION 20 - RECORD RETENTION AlVD AUDIT The CONTRACTOR agrees to keep complete and accurate books of accounts and to make them available to the STATE for audit. All such records, documents, and financial statements pertinent to this agreement shall be retained for a period of ten (10) years unless audited by the STAIE before then. Each recipient of funds pursuant to this agreement shall cooperate wits the STATE in any or all audits/financial reviews of books, accounts, and records for the purpose of analyzing the fiscal integrity of the CONTRACTOR's and subcontractor's financial transactions and compliance with applicable program and administrative requirements. The CONTRACTOR shall ensure timely and appropriate resolution of negative audit/financial review findings and recommendations. SECTION 21 - DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT (FOL4) All information in this agreement and any attachments thereto are subject to disclosure under the provisions of Public Act No. 442 of 1976, known as the "Freedom of Information Act", as amended, MCL 15.231, ET SEQ. SECTION 22 - REPRODUCTION AND USE OF MA TER/ALS The STATE shall be granted permission in perpetuity to reproduce and distribute any copyright and other materials which are generated as a result of this agreement. Data which originates from this agreement shall be "works for hire", as defined by the U.S. Copyright Act of 1976, and shall be owned by the STATE. SECTION 23 - CONFIDENTIALITY OF INFORMATION The CONTRACTOR shall respect the confidentiality of employee and offender files and shall not discuss medical record information or other official information or reports with unauthorized persons. Personal information is not to be divulged for other than legitimate, authorized business purposes. The CONTRACTOR shall also comply with MDOC Policy Directive 01.04.120 - Research Involving Corrections Facilities or Offenders. OAKLAND COUNTY MICHIGAN DEPARTMENT OF CORRECTIONS Agreement Between MDOC and Oakland Count y Page 11 SECTION 25- CERTIFICATION The persons si gning this agreement on behalf of the STATE and the CONTRACTOR certif y by said signatures that the y are duly authorized to sign on behalf of said parties and that this agreement has been authorized b y said parties. IN WITNESS WHEREOF, the STATE and the CONTRACTOR h ave caused this agreement to be executed b y their respective officers dul y authorized to do so. /1 , ) i 0 i a w ifi la At l Authorized Si gnature Date Patricia L. Caruso, Director Date Michigan Department of Corrections Grandview Plaza, P.O. Box 30003 , Lansing, Michigan 48909 Name and Title (Print or Type) Signature of Witness Date Signatke of Witless ( D (Note: The only person authorized to execute an agreement for the Department of Corrections Ls the Director.) _ Rider A — Oakland County Page 2 4. Conduct a formal on-site assessment of each subcontractor's program operations and fiscal administration. At a minimum, the assessment should include: a. Compliance with agreement specifications. b. Compliance with applicable licensure requirepents. c. Compliance with pertinent Federal and State statutes. d. Progress in resolving corrective actions required by prior assessments. G. Provide written reports to subcontractors regarding the "results of assessments, recommendations for improving performance, and a timetable for resolving outstanding issues. H. Meet all requirements of the applicable guidelines set forth in all sections of this and other STATE policy documents. Rider A — Oakland County Page 4 g. Timely preparation of year-end close out report(s) within 30 days of the expiration date of the contract. h. Procedures shall be established to ensure, when feasible and cost- effective, that local agencies participate in state and/or local intergovernmental agreements for procuremept of equipment and supplies. Policies and procedures shall be established for the procurement of goods and services that provide guidelines for securing sole source bids, and reasonable assurance that the goods and services are purchased in a cost- effective, fair and equitable manner. Any reallocation of funds among programs included within an approved plan and budget requires the prior approval of the STATE. k. Financial obligations incurred after the effective termination date of this agreement will be the responsibility of the CONTRACTOR or the provider of services. 1. Community Corrections funds may be used as matching funds to acquire additional resources from both public and private sources. Those additional resources are to be used to provide additional services to the targeted population. m. All equipment or other personal property purchases in excess of $1,000, purchased with STATE monies, must receive the prior approval of the STATE. All such equipment and other personal property shall be inventoried annually and a complete inventory, containing information prescribed by the STATE, shall be submitted to the STATE thirty (30) days prior to the end of the term of the contract. Such purchases shall revert to the STATE in the event the programs funded pursuant to this agreement are discontinued. Tr. Rider B — Oakland County Page 2 B. Selected characteristics of offenders determined eligible for and enrolled in programs. C. Data are to be submitted by the 15 th day of the month subsequent to the reporting period • in a format provided by the STATE. Midyear and Year-end Reports: A midyear report shall be submitted by March 15, 2005. The report has four (4) parts: A. Summary of the progress toward addressing any contractual conditions as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds B. Summary of the status for each objective as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. C. Description of any factors which have contributed to expenditures which are significantly above/below the projected level analysis of financial status (planned versus actual expenditures) and any proposed budget amendments. D. An updated Strategic Plan and Status Report as outlined in the Community Corrections Comprehensive Plan & Application for Fiscal Year 2005. Data and information are to be submitted on forms or in a format provided by the STATE. A year-end report, as prescribed by the STATE, shall be submitted within 30 days after the termination date of this agreement. TERM OF AGREEMENT The terms and conditions pursuant to this agreement shall remain in effect from October 1, 2004 through September 30, 2005. COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable program and administrative costs incurred during the term of this agreement. The allowable program and administrative costs are identified in the Proposal for Community Corrections Funds attached to this agreement. The maximum amount payable to the CONTRACTOR pursuant to this Rider is $1,279,853. 1D Tr17 PROBATION RESIDENTIAL SERVICES OAKLAND COUNTY The CONTRACTOR's Fiscal Year 2005 proposal and application for Community Corrections funds included a request for funds from Fiscal Year 2005 Appropriations for Probation Residential Services. Pursuant to the CONTRACTOR's proposal and the award of funds as approved by the STATE, the following are terms and conditions which apply to Fiscal Year 2'005 Probation Residential Services funds awarded for the purchase of residential services and residential substance abuse treatment services. Payments for Probation Residential Services by the STATE to the CONTRACTOR shall be utilized solely for the acquisition of residential services in accord with the terms and conditions of this Rider. Utilization of Probation Residential Services funds for costs incurred by the CONTRACTOR for the administration of the funds is prohibited. STATEMENT OF WORK The CONTRACTOR shall identify qualified providers of residential services and enter into written agreements with the providers. The agreements between the CONTRACTOR and providers shall specify the services to be provided, compensation, and the terms and conditions for use of the Probation Residential Services funds. Copies of the agreements between the CONTRACTOR and providers shall be transmitted to the STATE and made part of this Rider. The CONTRACTOR agrees to ensure each provider of Probation Residential Services undertakes, performs, and completes the following in accordance with the terms and conditions of this agreement: A. Each provider shall deliver, at a minimum, the following services to eligible felony offenders: 1. Room and Board (three meals per day). 2. Security and Supervision, 24 hours per day, for each day included within the term of this agreement. Rider C — Oakland County Page 3 D. The following apply to providers of Residential Substance Abuse Treatment Services. 1. A detailed treatment plan for each eligible offender shall be completed by the provider of residential substance abuse treatment services, within ten (10) working days after admission. The plan shall be based upon information obtained during the assessment and intake process. 2. The treatment plan will include a diagnosis of substance abuse dependency, treatment goals, and the frequency and types of treatment services and supportive social services to be provided. 3. The treatment and rehabilitation regimen will include weekly scheduled therapeutic activities for each offender. The scheduled activities shall consist of individual and group counseling, educational, social, work, and planned recreational activities. a. A minimum of one (1) weekly individual therapy session between the offender and the assigned primary therapist. b. A minimum of five (5) weekly group counseling sessions led by the primary therapist or other assigned program staff c. Additional services necessary to the achievement and maintenance of a drug and alcohol-free lifestyle. These may include services such as personal growth workshops, life skills, motivation, parenting classes and exercise classes as appropriate. 4. The CONTRACTOR and the provider shall address the offender's educational and vocational needs and arrange for the offender's participation in education classes (basic/GED), job training and job placement assistance when feasible. 5. The CONTRACTOR and the provider shall encourage the offender to participate in community service work consistent with their therapy and/or employment status. 6. The CONTRACTOR shall ensure that each offender's treatment plan is updated every thirty (30) days. The update at a minimum is to include a review of: the offender's attendance and participation in therapy; achievement of therapeutic goals; progress in daily living; interactions with other offenders and staff; adherence to house rules, curfew, and treatment plan stipulations; and an assessment of continued need for residential and/or other substance abuse treatment. Copies of the reviews conducted at the end of each 30 days shall be provided to the CONTRACTOR and appropriate probation or parole agent. 7. Residential Substance Abuse Treatment Services shall not exceed 90 days. Rider C — Oakland County Page 5 submit complete and accurate data to the CONTRACTOR by the 10 th day following the end of each month. 8. Maintain records of and report all offender contributions. F. The CONTRACTOR shall ensure that the provider prepare monthly Vendor Invoices. The Vendor Invoice shall be submitted to the CONTRACTOR by the 10th day after the end of each monthly billing period. 1. Each Vendor Invoice must be reviewed and certified by the CONTRACTOR that the offenders listed on the Vendor Invoice are eligible felony offenders. At a minimum, the Vendor Invoice shall include the following information: a. The name of the referring agent. b. The county where the offender was sentenced. c. The name of the offender. d. The circuit court docket number. e. The offense, PACC code, and Sentencing Guideline Score (SQL) which resulted in the placement of the offender in the program. f. The initial enrollment date of the offender entering the program. g. The beginning and ending date of the offender's physical presence and participation in the program during the month. - h. The number of days in the time period identified by F — lg above. i. The amount of offender contributions collected from each offender. j. Total offender days for the month. k. Total offender days in the program. 1. Total offender contributions for the month. 2. The CONTRACTOR shall submit Vendor Invoices to the STATE by the 15 th day after the end of each monthly billing period. 3. For payment purposes, offender days start with the first day the offender is physically in the program and continue through the last day the offender is physically in the program. In the event of any authorized absence (e.g., program Rider C — Oakland County Page 7 COMPENSATION The STATE shall' make payments for services provided on a per diem basis. The maximum payable by the STATE on the per diem basis during the term of this agreement is $1,569,500. STATE payments to the CONTRACTOR and the CONTRACTOR;s payments to providers shall be in accordance with the following: A. The maximum per diem for eligible felony offenders including eligible Special Alternative Incarceration (SAI) graduates is $43. B. Terms and conditions relative to residential services for eligible wSAI graduates: 1. Services shall be in accord with services specified in the STATE's agreements with providers of SAI aftercare services. The terms and conditions of the STATE agreements with providers of SAT aftercare services are hereby incorporated within this Rider by reference. 2. Payments for residential services for SAT graduates shall be made for up to 30 days for each eligible SAT graduate. Extensions beyond 30 days require prior written approval of the local probation supervisor. C. The total authorized bed days are 36,500. D. Payments are based on documented earnings. Actual earnings are based on bed days billed times the per diem. This data is derived from the monthly "Vendor Invoices". E. The STATE will make payments to the CONTRACTOR upon receipt of proper documentation. F. Each provider is encouraged to collect offender contributions from adult felony probationers residing in the provider's facility. Offender contributions shall come solely from offenders. 1. Offender contributions are not to exceed 35% of the offender's gross income. 2. Records shall be maintained to provide a complete accounting of all offender contributions received and the expenditure of those funds. 3. Offender contributions shall be used for general operating expenses specifically related to services provided to offenders. 4. The provider shall issue pre-numbered receipts for all offender contributions. One copy is to be given to the offender. The provider is to retain copies of all receipts for a period of six (6) years. DTTYt7D Al 1.11-11 ALA DRUNK DRIVER JAIL REDUCTION AND COMMUNITY TREATMENT PROGRAM CONTRACTOR: OAKLAND COUNTY The following are additional teims and conditions which apply to the Fiscal Year 2005 Community Corrections Plans and Services funds which have been awarded to the CONTRACTOR by the STATE. STATEMENT OF WORK The CONTRACTOR shall implement policies and procedures and deliver services to eligible offenders in accord with the goals and objectives, standards and policies as set forth in Act 511 of the Public Acts of 1988, the provisions of the State Appropriations Act, the CONTRACTOR's Comprehensive Corrections Plan for FY 2005, and the Proposal for Community Corrections Funds for FY 2005 (Attachment A) as approved by the STATE. For purposes of this Section, in Attachment A, "CONTRACTOR" means the "County". REPORTING REQUIREMENTS Monthly Expenditure Reports: The CONTRACTOR shall submit to the STATE by the 15 th day after the end of each monthly billing period the attached Monthly Expenditure Report. The expenditure report form may be duplicated for the purposes of meeting the monthly reporting requirements. Alternatively, the CONTRACTOR may generate an internal form which reflects the approved budget categories. Program Participation and Offender Profile Data: The CONTRACTOR shall submit program participation and offender profile data on a monthly basis: A. Data pertaining to offender participation in all programs. B. Selected characteristics of offenders determined eligible for and enrolled in programs. C. Data are to be submitted by the 15 th day of the month subsequent to the reporting period in a format provided by the STATE. _ Rider D - Oakland County Page 3 COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable program and administrative costs incurred during the term of this agreement., The allowable program and administrative costs are identified in the Proposal for the Drunk Driver Jail Reduction and Commonity Treatment Program attached to this agreement. The maximum amount payable to the CONTRACTOR pursuant to this Rider is $760,050. Payments to the CONTRACTOR shall be made monthly and in accord,with the following terms: A. The STATE shall reimburse the CONTRACTOR for allowable program and administrative costs. B. Payments are conditional upon the CONTRACTORS' submittal of all required monthly expenditure and program data, required reports, and responses to financial audits. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FOR ENTIER_NAL USE ONLY - The appropriation number, index, program cost account, and agency object to which prop-am costs pursuant to this Rider will be charged: Appropriation Number: 19342 Index: 12150 Program Cost Account: 14035 Agency Object: 8108 ATTACHMENT "A" Michigan Department of Corrections Field Operations Administration Office of Community Corrections CFJ-259 Mon PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS — FY 2005 CCAB: :: Oakland County ' CCAB Contact . Barbara Hankey : CCAB Chair: - Hon. Fred Mester .UnitS-,ofGovernMent Oakland County —April 24, 2004 :skePre6enied & APprOval Date: .Grarit Coordinator: ' Christine Curtis =Application, Ty e X Community Corrections Comprehensive Plans and Services . ,. ..: X Probation Residential Services ' State Board : ReVieW Date: July 15, 2004 SUMMARY Oakland County has consistently had prison commitment rates (PCR) below the State rate; however, the rates have been slowly rising over the past two years. It is noted that a slight increase (1%) in Oakland County's PCR means that 65 additional offenders are sentenced to prison. County is currently reporting its highest rate in 10 years at 21.7%. While a variety of options are available through P.A. 511, as well as other State and locally funded programs, County continues to "net-widen" and has had difficulty targeting the State Board priority populations for programming and diversion. In FY 2004, the County had an objective to revise target and eligibility criteria to have a greater impact on the State Board priority populations. In response, the County developed a new jail-based cognitive behavioral program which targets straddle cell offenders with a PRV of 35 or more; however, the County expects revisions to other programs to take 2-3 years. In the meantime, County's application notes that "emphasis" is placed on straddle cell cases and probation violators. It is noted that the County stated "Parole violators are not currently targeted as an edict from County Executive Administration." County has also acknowledged they over-use probation residential services for lower risk offenders. Though the County has indicated that "emphasis" is placed on straddle cell offenders, residential program descriptions do not specifically target this population. County will require that placement in a residential substance abuse program be based upon ASAM criteria. If implemented as planned, it is believed that this action will likely reduce demand for substance abuse beds. The County has proposed training for MDOC probation staff to provide information on how offender placement should be based on objectively assessed need. The County's driving issue is excessive jail crowding. Pressure on the jail comes from increasing lengths of stay for both sentenced and unsentenced misdemeanants and lack of opportunity to earn jail credit for straight jail sentences. There have been some improvements in jail management strategies such as the awarding of jail credit, expediting presentence investigations, and more aggressive jail population monitoring. Work Crew has not had the impact that was expected. It is noted that the Plan and recommendation for FY 2005 are quite similar to those in FY 2004 to encourage continued progress toward objectives. Of great importance is the completion of the local data base so that Community Corrections Information System (CCIS) data can be accurately reported. It is becoming increasingly difficult for the Office of Community Corrections to recommend full funding for programs when CCIS data reported by the County and data reported in the annual application are inconsistent. I. OFFICE OF COMMUNITY CORRECTIONS REVIEW A. Background information & Current Status elonk:1:),isliOSitiOnST= pi:6 Years „ CY 1999 2000 2001 2002 2003 # % # % # % # % # % Prison 908 17.1 912 17.7 974 18.5 NA NA 1,400 21.7 Jail 1,375 25.8 957 18.6 924 17.6 NA NA 1,219 18.9 Split 1,285 24.1 1,636 31.8 1,715 32.6 NA NA 2,617 40.7 Probation 1,289 24.2 1,327 25.8 1,333 25.4 NA NA 1,169 18.2 Other 467 8.8 315 6.1 309 5.9 NA NA 35 .5 TOTAL 5,324 100 5,147 100 5,255 100 NA 100 6440 100 Dispositions by Sentencing Guideline 'Range Intermediate Cells Straddle Cells Presumptive Cells SGL N/A CY 2002 - # % # % # % # % Prison NA NA NA NA NA NA NA NA Jail NA NA NA NA NA NA NA NA Split NA NA NA NA NA NA NA NA Probation NA NA NA NA NA NA NA NA Other NA NA NA NA NA NA NA NA TOTAL NA 100 NA 100 NA 100 NA 100 CY 2003 Intermediate Cells Straddle Cells Presumptive Cells SGL N/A # % # % # % # % Prison 15 0.6% 424 32.1% 398 87.1% 563 28.9% Jail 132 4.9% 246 18.6% 5 1.1% 836 42.9% Split 1,652 60.9% 583 44.1% 39 8.5% 343 17.6% Probation 911 33.6% 65 4.9% 11 2.4% 182 9.3% Other 4 0.1% 4 0.3% 4 0.9% 23 1.2% TOTAL 2,714 100% 1,322 100% 457 100% 1,947 100% * Intermediate Sanction Cells: min/max s18 months. **Straddle Cells: min s 12 months, max > 18 months. Comments: • The County's commitment rate is the highest (21.7%) that it has been in ten years. • County realized a 5% point reduction in their straddle cell rate (33.4% to 28%) between the 3rd and 4th quarters of CY 2003 as a result of improved agent recommendations for programming. 2 Jail Utilization and Population Data County: Oakland CY 2002 CY 2003 _ Rated Design Capacity (RDC): % of % of CY 2002 Capacity 1,642 # ADP Total ,ALOS # ADP Total ALOS CY 2003 Capacity 1,804 _ Felons 205.8 10.4 18.1 234.5 11.9 18.7 Unsentenced , Misdemeanants 75.1 3.8 3.9 77.8 3.9 4 _ Felons 1191.3 59.9 101.6 1147.3 58.2 96.6 Sentenced Misdemeanants 505.6 25.4 23.7 504.5 25.6 24.7 Other 10 0.5 4.3, 6.9 0.3 2.5 Offenders Housed for Other Jurisdictions 0 0 0 0 0 0 Subtotal Average Daily Population 1971 99.9 1 04 0. Offenders Housed in Other Felons 0 0 0 2. _ Jurisdictions " Misdemeanants 0 0 0 0.1 0 Total Average Daily Population 1,987.8 100 1,973.5 100 ., ail:Oy'ei'drOnNding andeirn :ut,§einent, Data County: Oakland FY 2002 FY 2003 a. Number of times jail overcrowding officially declared. 0 b. Total County Jail Reimbursement from the State. $4,789,301 $4,137,937 Comments: • The MDOC designated rated design capacity (RDC) is used above. County reports RDC of 1,853 which includes beds in holding and gym area. Based on the MDOC capacity, the jail is operating at 109% RDC. • The new 334 bed Work Release Center was opened in 2003. Some beds remain off-line for renovation. • Misdemeanants are reported to be a problem population. Sentenced misdemeanants represent a quarter of the jailed population. The Weekend Work Program may have lost its impact on this population and there are few options to allow earned early release. • It is anticipated that the length of stay for sentenced offenders could be reduced through consistent use of structured sentencing recommendations and jail-based programs that offer earned credit. • Though County reports housing an average of 131 inmates in other counties, this is not reflected in the above JPIS data. • CCAB raised issues of having district judges take felony pleas to expedite case processing, a "bed allocation" plan, and expedited forensic exams as areas for further discussion. 3 _ Sanction and Service Matching ' FOCUS AREA DESCRIPTION Changes to target and eligibility criteria have not occurred except for the - ' Target Populations cognitive behavioral program. The County's P.A. 511 eligibility is general, i.e., , based on probation residential services SGL eligibility (0-9) and excluded , V V offenses. ,. i Lace( Programening OCC/County fund a variety of programs that address criminogenic needs such - vis-a-vis .''' as employment, substance abuse, pretrial supervision, cognitive programming, , State Priori yes V and probation residential services. The County utilizes the NEEDS assessment tool when placing offenders in z- _'•k/N eedS programming via case management. The assessment identifies an offender's Ris level of supervision and/or need for services. County has realized that a majority , AssesStnents-, of offenders score as high risk/needs and additional criteria such as SGL range should be developed to prioritize offender placement. Comments: • Eligibility for programming is broad, consists of 0-9 SGL requirements, and offenders not being excluded due to current charge or prior history. Only the jail-based cognitive program targets straddle cell felons. Availability and Utilization of Services .-,.. oG :RANtio4P-F-„,i,,..6„,,,,...„,,..........4-- ,',.-:'-'11.i DESCRIPTION; .Community Service The County funds community service placement and weekend work alternatives ‘ - for misdemeanants. OCC funds felony work crews. Participants earn 25% jail „ credit The projected enrollment was 875 with actual enrollment reported as 90 at midyear. ECI U catiomt GED/high school completion programs are available through local school districts „,-;f- and instruction is available at the Day Reporting centers. Cognitive programming . is available at the Day Reporting centers, probation residential centers, and in the jail. Cognitive programming enrollments were projected at 564 with midyear enrollment reported as 239. It is noted this figure does not correspond with the 43 new enrollments reported through CCIS. -,EmPloymen r'ainigi 5^ c:•:11 • Z .-1, ' The OCC funded in-jail employability program for felony offenders will be revised JTiV this year to a "Thinking for a Change cognitive program. Employment services continue to be funded by OCC at Step Forward and by Michigan Works agencies. .-azikl.WASINCO . ntensive SUpervisicn County proposes an Intensive Supervision program for participants in "Adult '. 4. Treatment Court" Offenders must be straddle cell probation violators. Electronic monitoring is available for pretrial defendants as necessary. MDOC utilizes electronic monitoring and SAI for felony offenders. County promotes intensive supervision of OUIL 3 rd offenders with DDJR&CTP funds. entat Health Local agencies provide services for dual diagnosed and SPMI offenders on an outpatient basis. County has grant funding from CMH for a mobile crisis team that will do mental health screenings. The mentally ill population is a significant issue for the jail. ' 4 I Pretrial Services OCC and County fund pretrial screening and supervision for felony and misdemeanor orrenders. Some changes have been made in eligibility tor supervision but criteria are very broad. The County anticipates screening 10,000 offenders annually and will supervise 625 offenders.daily. , Substance Abuse Diverse substance abuse services are available through OCC funded probation • . - ... . , residential services and outpatient services at Step Forward. State and County funds provide assessment/referral and other inpatient/outpatient services as needed. Substance abuse assessments are provided as part of Step Forward intake and OCC funding for drug testing was +provided in FY 2004. Utilization of Drug Testing is not reported in CCIS though County reports numbers significantly higher than projected. ase.Managemen OCC/County fund case management through the Step Forward Day Reporting . - Center. Services include assessment, case planning, on-site programming, monitoring of progress, discharge summaries and aftercare planning. OCC funds the Central Intake and Assessment Unit in the jail which screens in-custody offenders for program eligibility. ' '2 otir gtructufe Four residential program locations are available to eligible offenders through OCC ., funding. The authorized average daily population (ADP) for FY 2004 was 100. Ten beds were added with Drunk Driver funding. Midyear utilization is 113. The OCC funded STOP program provides 72 hour detention at a probation residential center as a response to positive substance abuse tests. County projected utilization of 260 and reports an enrollment of 36 at midyear. r ' : -O er The County funds a variety of additional programs including: PAM kiosk - automated reporting for low risk pretrial offenders with no specific conditions of release; Sheriff's boot camp - 8 week regimented program including education and • employment for felons; a Zero Tolerance drug testing program; and the Adult • Treatment Court. I Comments: • County provides a variety of services for offenders, but few appear to specifically target the State Board's priority populations of straddle cell felons or probation violators. • County implemented the jail-based cognitive program targeting jail reimbursable offenders in an attempt to recoup revenue lost from excluding OU1L 3 rd offenders. • CCIS data is not consistent with the program utilization data reported by the County. It was expected that these discrepancies would improve with the rollout of the local data base last November. This has yet to occur. • It is suggested that a weekend work program be considered as an option for felony probation violations. • In December 2003, the County did not accept one-time funding for an additional 19 residential beds to target parole violators. 5 B. Strategic Plan Analysis: Oakland County FY 2004 Strategic Plan does not appear to have been updated. The County had some excellent plans such as developing sentencing guidelines for the district court, revising central intake into a jail population monitoring function, and establishing additional options for probation violators. The County has accomplished some of its goals but the County's objective to achieve an 18% or less PCR and eliminate boarding offenders in other county jails is riot likely to be realized without improved targeting and restricting services to higher risk/needs offenders. Several of the County's proposed plans are long range (video arraignments) or require extensive collaboration (district court sentencing guidelines) between local stakeholders. II. OFFICE OF COMMUNITY CORRECTIONS A. Recommendation: Suggest County continue with planning to promote improved jail utilization and prioritize program access to State Board priority populations. Some options are within the CCAB's control (revised eligibility) and are more likely to be realized than others. Recommend more aggressive utilization of available options when objectives are not realized. Develop additional options for probation violators and collaborate with circuit court probation to revise the local probation violation response guide to reserve P.A. 511 programs for higher level violators (level 2 or above). Continue development of jail- based programs to target straddle cell offenders with prior record variable scores of 35 or more, to recoup loss of the County Jail Reimbursement Program funds. P. Contractual 1. Continue with existing "time cut" policies ensuring that all eligible inmates receive earned jail credit. 2. Drunk Driver Jail Reductions & Community Treatment Program funds can be used only for eligible, OUIL 3 rd , intermediate cell offenders. 3. OCC shall provide funding for off-site work crews completing service under direct supervision. OCC will not provide funding for supervision of trustees that complete routine duties within the jail complex. C. Contractual Objectives: 1. Reduce the prison commitment to 18% through targeting of straddle cell offenders and probation violators for P.A. 511 programs. 2. Revise the target population for each P.A. 511 program to prioritize placement of straddle cell offenders and probation violators. 3. Collaborate with the Oakland County Probation Department to revise local probation violation response guide in an effort to reserve intensive services for level 2 probation violators, provide additional options for low-level offenders, and include programs that have been significantly modified since the last revision. 4. Provide training for probation staff and other stakeholders on risk/needs assessments and their role in program recommendations and placements. 5. Continue implementation of the jail-based cognitive program that specifically targets straddle cell felons and violators, especially offenders with PRV of 35+. 6. Attempt to reduce the number of unsentenced inmates and the length of stay for unsentenced inmates by working with courts to revise docketing policy and by providing more alternatives at the pretrial stage. - 7. Submit accurate CCIS data within the first quarter of FY 2005. 6 III. TECHNICAL ASSISTANCE PLAN 1. At County's request, OCC will assist with revision of local probation violation response guide and development of additional options as necessary. 2. At County's request, OCC will assist with training for stakeholders on risk/needs assessments, structured sentencing, and principles of effective intervention. 7 IV. BUDGET A. Comprehensive Plans and Services / Drunk Driver Jail Reduction & Community Treatment Program . . , 0.: 5 1 Funding S ource - cPLO p s' :, DDJRicf ccouNT qATFoo Y RPGRAMit '" • ,t ,i. P=CODE" ' ' 7 EY,2005- y 2005 Total 054 Wo, d Y2004 *ar ' Recommend ed .;roPPse ecOMmeride ropose 4' Recommended. , Community Service 1. Placement A19 Work Crew A25 106,000 122,000 25,000 2E,000 2. Education Educational Services BOO 18,000 18,000 0 Cognitive Change B17 8,000 5,000 45,000 4E,000 Employment & Training 3. Employment/Training COO 117,414 0 18,000 18,000 Services Intensive Supervision 4. Day Reporting D04 Electronic Monitoring D08 Supervision D23 45,000 34,000 34,000 324,000 310,600 310,600 344,600 Mental Health .. 5. Outpatient E18 k , Sex Offender Treatment E19 , PA 511 ndln Source . . . . , . ... ;. U g r . ,ACCOUNT,CATg.GORY Recommended2004Awrd Fy2004AWar a , . ; K13.101361e1 fcommeded '- ProposedecomMended 6. Pretrial Services Screening/Assessment F22 462,816 462,816 462,816 462,816 Supervision F23 110,000 100,000 100,000 100,000 Electronic Monitoring F24 Substance Abuse 7. Testing G17 40,000 65,000 65,000 66,000 Outpatient Treatment G18 0 50,000 50,000 Cognitive Treatment G19 0 160,000 0 Case Management 8. _ Screening/Assessment 122 40,000 20,000 21,000 25,988 2•:,000 Jail-Based 123 169,750 146,000 146,000 33,800 13,800 159,800 Community-Based 124 253,114 260,000 260,000 150,000 120,000 38(1,000 DDJRP/CTP 9. PRS H20-XX 154,800 156,900 156,900 15(1,900 jail: Housing up to 5 days 1120-01 65,250 108,750 TO8,750 1011,750 Other ZOO it 10. --, _ 11 CCAB Administration - 103,037 103,037 103,037 10:1,037 • Total Expenditures , 3- 41 11,95.P55 127,853 576,048; " 750.0 . 760;050 2 0311903 , .... _ . , . , , 2005 RECOMMENDE -Cot reheiiive PlanTaild Servide 1,473,131 1,279,853 HD-15JR- '• 'VP 570,038 760,050 1,573,800 1,569,500 3,616,969 3,609,403 B. Probation Residential Services FY 2004 AWARD FY 2005 PROPOSED RECOMMENDED . , Day Population Avg:D ily paion: , , . . 100 100 100 TOTAL 1,573,800 1,A569,500 1,569,500 C. P.A. 511 Funding Sources `1 •• Comments: • Work Crew was funded for the first time in FY 2004 at $106,000 for 875 participants, or $121 per offender. Utilization was only 90 at midyear. FY 2005 proposal requested an increase in funding yet projected enrollment was reduced to 200 or less than 25% of 2004 projections. An additional $81,000 funding for Work Crew will be held in abeyance for 90 days to allow County to make revisions to targeting and eligibility that will result in 875 enrollments. If County does not maintain 80% of revised enrollment numbers, award amount will be reduced accordingly. • OCC moved Drunk Driver funds that were supporting Substance Abuse services to a Substance Abuse line item rather than Case Management where it was proposed to reflect a more accurate reporting of activity and funding. • County requested $160,000 to support 3 FTEs to deliver 90 minutes of programming per day. OCC funding recommendation is based upon 2 staff providing 3 hours of program or program support services per day at $25 per hour. It also includes $1,000 for video camera and DVDNCR equipment. This program was proposed as Substance Abuse — -Cognitive (G19) but in consultation with County it is funded under the more appropriate line of B17, Education — Cognitive. • The B17 Education — Cognitive line also provides $5,000 to support cognitive programming at Step Forward. • County requested purchase of a Scantron device in the equipment line of the Cognitive program. OCC approves that request but entered it as an equipment cost in the Screening/Assessment (122) line. • In consultation with County, OCC funded a proposed employment centered program in the Employment line (C00) rather than in the Education line (BOO) where it was requested. • An additional $115,000 will be held in abeyance for 90 days to allow County to further develop proposed programming. Substance Abuse Pretrial Services DDJRP Case Management Other ,Electronic Monitoring Work Crew Testing Cognitive Change Screening/Assessment In Jail Assessment II H20-01 II 108,750 Screening/Assessment Jail-Based/Case Management Supervision Community Case Management Account Category Sub-Totalli t 25,000 Sub-TotaIII II 45,000 Sub-Total Sub-Total Sub-Totalll Total Program and Administration II D23 Program Activity CC1S Program. Code - F24 ,.A25 II 25,'000 COO II • 18,000 DO4 G17 II 65,000 DO8 ZOO B17 If ' 45;000 F22 F23 II' 100,000 122 - 124 23 , - Local Fee Program Administration':Total MDOC ' Services- .1 OCOFunding Resources Revenues 1 .•.562;816 1,936,866 Sub-Total 65,000 18;000 MDOC OCCP.A.,511 -•;103;037... 103,037,: 103.037 7 100,000 1,936,866 i;o34,96 462,816- .:.65000 103,037 103,037' .45,000 25,000 25;000 45,000 34,000, 34,000 65,000: 18,000 Additional Funding Sources Total Additional Funding Total All Funding Sources 2,039,903 103,037 Community Service Placement II Al 9 Employment & Training Employment & Training Services Sub-Total Education Educational Services II BOO Intensive Supervision Day Reporting Electronic Monitoring Supervision Mental Health Outpatient Sex Offender Treatment Sub-Total Total Program Funding CCAB Administration Personnel Board Expenses Contractual Services, Supplies, Main. Equipment Public Education Training Travel Other Outpatient Treatment II G18 Assessment & Treatment Services Sub Total Sub-Totalll Sub-Totalll E18 E19 g60;050.. 146,000 260,000 :,..427000 108;750, ,B51,300 760;050 II. 346,000 260,000 •-•,;•••••'?:!t:-427,000., 'V 34,000 34,000 462,816 100,000 562,816 65,000 -66,000 108,750 651,300 - 760,050 21,000 . 146,000 26Q000 427,000 1%936,866 103,037 Cognitive Treatment G19 45,000 25,000 25,000 45,000. 18,000 18,000 ATTACHMENT B MICHIGAN DEPARTMENT OF CORRECTIONS - OFFICE OF COMMUNITY CORRECTIONS RI Orr+ ql immary evf Flinriinc Cr. orroc FY 2005 • • Oakland County . • 4 , Account Item CCIS Program Code Al9 A25 Approved Budget 25,000.00 45,000.00 45,000.00 18,000 00 18,000.00 34,000.00 34,000.00 462,816.00 100,000.00 562,816.00 65,000.00 65,000.00 108,750.00 651,300.00 760.050.00 21,000.00 146,000.00 260,000.00 427,000.00 1,936,866.00 I 103,037.00 103,037.00 2,039,903.00 COO H20-01 BOO B17 DO4 DO8 D23 E18 E19 F22 F23 F24 G17 G18 G19 122 123 124 MICHIGAN DEPARTMENT OF CORRECTIONS - OFFICE OF COMMUNITY CORRECTIONS Mnnthlit PYnantlitipro Porwirt FY 2005 Oakland County Year to Date Expenditures COmMUnity:SerVice'r;. Placement Work Crew Sub-Total Education.' Educational Services Cognitive Change Sub-Total Employment' & Training's Employment & Training Services Sub-Total Intensive:SuperVision, Day Reporting Electronic Monitoring Supervision Sub-Total Outpatient Sex Offender Treatment Sub-Total PretriarServiceS; Screening/Assessment Supervision Electronic Monitoring Sub-Total Substance:Abuse Testing Outpatient Treatment Cognitive Treatment Sub-Total DIMRP In Jail Assessment Assessment & Treatment Services Sub Total Caselllanageinent Screening/Assessment Jail-Based/Case Management Community Case Management Sub-Total Other Sub-Total Total Program Funding CCAB;Administratie Personnel Board Expenses Contractual Services, Supplies, Main. Equipment Public Education Training Travel Other Sub-Total Total Program and Administration 25,000.00 Expenditures for Report Month Year ar taopprinptate Expenses as a Percentage of A FISCA1 NOTE (MISC. #04305) October 21, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - ACCEPTANCE FOR FY 2004/2005 COMMUNITY CORRECTIONS GRANT Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Corrections has awarded a FY 2004/2005 Community Corrections grant in the amount of $3,609,403 which is a 5.6% variance or $216,000 less than the application amount. 2. The grant award is $7,566 or .2% less than the previous award of $3,616,969. 3. The grant covers the period of October 1, 2004 through September 30, 2005 and is currently in the eleventh year. 4. The acceptance is for $3,609,403 of which $25,000 is for Community Service, $45,000 is for Education, $18,000 is for Employment and Training, $34,000 is for Intensive Supervision, $562,816 is for Pretrial Services, $65,000 is for Substance Abuse, $760,050 Drunk Driver Jail Reduction Program, $427,000 is for Case Management, and $103,037 is CCAB Administration, along with $1,569,500 for Probation Residential Centers. 5. No County match is required. 6. This award supplements the FY 2005 Adopted Budget for the Community Corrections Division in the amount of $4,137,259, which includes administration and other county programs. 7. An amendment to the special revenue budget in attachment "A" is requested to reflect the new grant award for FY 2005. 8. Should the state "limit, discontinue, or eliminate" funding this program, the Community Corrections Division will remit a request to the Board of Commissioners for funding to continue this program. FINANCE COMMITTEE e FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Crawford, Jamian and Knollenberg absent. I MI OPPROVE THE FOREGOING RESOLUTION I Resolution #04305 October 21, 2004 Moved by Douglas supported by Coulter the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 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 October 21st, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 21st day of October, 2004. / 4-/ G. William Caddell, County Clerk _ Rider D - Oakland County Page 2 Midyear and Year-end Report: A midyear report shall be submitted by March 15, 2005. The report has five (5) parts: A. Summary of the progress toward addressing any contractual conditions as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. B. Summary of the status for each objective as established withinwthe contractual agreement and outlined in the Proposal for Community Corrections Funds. C. Summary of how the DDJR/CTP funds have: 1. Increased the availability of treatment options to reduce drunk driving offenses and drunk driving related deaths by addressing alcohol addiction of felony drunk drivers. 2. Diverted felony drunk drivers from being sentenced to jail or reduced the length of stay in jail. 3. Enabled the bounty to meet or exceed amounts received through the County Jail Reimbursement Program during Fiscal Year 2003. D. Description of any factors which have contributed to expenditures which are significantly above/below the projected level analysis of financial status (planned versus actual expenditures) and any proposed budget amendments. E. An updated Strategic Plan and Status Report as outlined in the Community Corrections Comprehensive Plan & Application for Fiscal Year 2005. Data and information are to be 'submitted on forms or in a format provided by the STATE. A year-end report, as prescribed by the STA 1E, shall be submitted within 30 days after the termination date of this agreement. TERM OF AGREEMENT The terms and conditions pursuant to this agreement shall remain in effect from October 1, 2004 through September 30, 2005. Rider C — Oakland County Page 8 5. Offender contributions are to be recorded on the monthly "Vendor Invoice" report. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FOR INTERNAL USE ONLY: The appropriation number, index, prop-am cost account, and agency object code to which program costs pursuant to this Rider will be charged: Appropriation Number: 19333 Index Number: 12150 w Frog= Cost Account: 14003 Agency Object Code: 8108 Rider C — Oakland County Page 6 pass, furlough, leave) or absence due to hospitalization, AWOL, or incarceration, per diem payments will be suspended the day following the offender's absence from the program. G. The provider shall take or arrange for the taking of urine samples to monitor for substance abuse in accordance with a schedule agreed upbn by the probation or parole agent or the Department of Corrections liaison. H. The CONTRACTOR shall collaborate with the STATE to develop and implement local policies and procedures to ensure funding provided pursuant to this Rider shall be utilized only for eligible offenders. I. The State Community Corrections Board has adopted the following as minimum eligibility criteria. 1. Sentenced felony offenders with sentencing guideline scores must have sentencing guidelines (SGL) minimum maximum of 9 or greater. 2. For sentenced felony offenders without SGLs, eligibility criteria shall be based on offender characteristics identified in the local Comprehensive Corrections Plan. which indicate an offender is jail or prison bound. 3. Probation violators are eligible if there has been formal action regarding the violation (defined as any written approval by a judge) and the sentencing guideline minimum maximum was greater than 5 on the original charge. 4. Referral of Special Alternative Incarceration graduates will be in accord with the condition of sentence and STATE policies for SAT aftercare services. 5. Parole violators are eligible pursuant to STATE and CONTRACTOR policies and procedures which identify and prescribe local correctional interventions to be utilized as alternatives to placement in a Technical Rule Violator Center or return to prison. In accord with STATE policies, eligibility is limited to cases which require an Area Manager Review as defined within the STATE's Parole Violation Response Guidelines. The CONTRACTOR's policies and procedures specify the programs/services to be utilized and local conditions/stipulations and procedures • for referral and placement of eligible parole violators in community-based programs. PERIOD OF PERFORMANCE This Rider shall remain in effect from October 1, 2004 through September 30, 2005. Rider C — Oakland County Paor, 4 8. A discharge summary report will be prepared prior to the offender's scheduled completion of the residential treatment program. The discharge summary shall include the initial diagnosis, treatment goals, summary of progress toward goals, and recommended follow up as appropriate. The IL-commendations may address need for follow up substance abuse treatment, other support services (educational, employment), monitoring (drug testing), or supervision. 9. A copy of the discharge summary report shall be provided to the CONTRACTOR and the offender's probation or parole agent. a. The CONTRACTOR shall facilitate the transfer or referral of offenders being discharged to follow up treatment or serices as per the discharge plan. 10. The provider shall at all times maintain the appropriate STATE substance abuse license(s). E. The CONTRACTOR shall ensure the provider shall comply with the following: 1. The STATE's and CONTRACTOR's policies, procedures and standards for Probation Residential Services. 2. Make available for inspection to the CONTRACTOR and the .STATE all records pertaining to the offenders and program operations. 3-. • Allow free access to the physical facilities to authorized representatives of the Court, the CONTRACTOR and the STATE. 4. Maintain a clean and habitable facility to be used for the provision of Probation Residential Services. 5. Immediately notify the referring Probation or Parole Officer or designee and the appropriate law enforcement agencies when an offender leaves the program without authorization, or when the provider becomes aware that an offender has been arrested or has otherwise violated the conditions of probation. 6. Notify the CONTRACTOR, probation or parole agent, or the Department of Corrections' liaison of an offender's scheduled termination from the program at least two (2) weeks prior to the scheduled termination. The purpose of this notification is to advise the CONTRACTOR, the agent or liaison of the scheduled termination and to review the progress of the offender while in the program and follow up programming considerations. 7. Maintain and compile Offender Enrollment and Termination and offender profile data as required by the STATE and the CONTRACTOR. The provider shall _ Rider C — Oakland County Pagf!, 3. Probation Residential Services shall not exceed 150 days without the prior approval of the STATE. 4. Programming shall include: a. Intake and Assessment b. Case Management c. Referral for Appropriate Rehabilitative and Other Services d. Appropriate Transportation e. Recreational Opportunities f. Structured Scheduling of Activities g. Financial Management Counseling B. The provider agrees to assist offenders who are employed or who receive funds from a legitimate source of income in the development of a personal budget. The establishment of a budget through financial counseling is to consider financial obligations to the court, supervision fees, work related transportation costs, child support, necessary work related and personal hygiene items, savings for living expenses upon program completion, spending money, and offender contributions. 2. The provider shall have written policies and procedures governing the budgeting process and the handling of offender funds. Offenders' funds shall not be commingled with program operational funds. C. The provider agrees to ensure offenders are provided access to a variety of other services in accord with the terms and conditions of the referral for placement as those services are available through local agencies. These services include, but are not limited to: 1. Educational Services 2. Substance Abuse Treatment 3. Employment Related Services 4. Medical Evaluation and Treatment 5. Community Service Rider B — Oakland County Page 3 Payments to the CONTRACTOR shall be made monthly and in accord with the following terms: A. The STATE shall reimburse the CONTRACTOR for allowable program and administrative costs. B. Payments are conditional upon the CONTRA.CTOR's submittal of all required monthly expenditure and program data, the midyear and year-end reports, and responses to financial audits. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * sr FOR INTERNAL USE ONLY - The appropriation number, index, program cost account, and agency object to which program costs pursuant to this Rider will be charged: Appropriation Number: 19335 Index: 12150 Program Cost Account: 14011 Agency Object: 8108 RIDER B CONLVIUNITY CORRECTIONS PLANS AND SERVICES CONTRACTOR: OAKLAND COUNTY The following are additional teifus and conditions which apply to the Fiscal Year 2005 Community Corrections Plans and Services funds which gave been awarded to the CONTRACTOR by the STATE. STATEMENT OF WORK The CONTRACTOR shall implement policies and procedures and deliver services to eligible offenders in accord with the goals and objectives, standards and policies as set forth in Act 511 of the Public Acts of 1988, the provisions of the State Appropriations Act, the CONTRACTOR's Comprehensive Corrections Plan for FY 2005, and the Proposal for Community Corrections Funds for FY 2005 (Attachment A) as approved by the STATE. For purposes of this Section, in Attachment A, "CONTRACTOR" means the "County". The CONTRACTOR's policy and program plan for FY 2005 and award of FY 2005 funds, as approved by the STATE, provide for as stated in Attachment A, Section 1B., Strategic Plan Analysis - FY 2005. The FY 2005 policy and program plan and the award of funds were approved by the STATE to provide for as stated inAttachment A, Section II., Office of Community Corrections. The STATE shall provide assistance as stated in Attachment A, Section III., Technical Assistance Plan. REPORTING REQUIREMENTS Monthly Expenditure Reports: The CONTRACTOR shall submit to the STATE by the 15th day after the end of each monthly billing period the attached Monthly Expenditure Report. The expenditure report form may be duplicated for the purposes of meeting the monthly reporting requirements. Alternatively, the CONTRACTOR may generate an internal form which reflects the approved budget categories. Program Participation and Offender Profile Data: The CONTRACTOR shall submit program participation and offender profile data on a monthly basis: A. Data pertaining to offender participation in all programs. Rider A — Oakland County Page 3 MINIMUM FINANCIAL MANAGEMENT STANDARDS A. General Requirements: 1. A budget shall be prepared and adopted by the CONTRACTOR in accordance with P.A. 621 of 1978, the "Uniform Budgeting and Accounting Act", issued by the Local Government Audit Division of the Michigan Department of Treasury. Any budget submitted in other than the prescribed form must contain the same information required in the prescribed form. 2. Funds shall be utilized in accordance with the approved comprehensive plan for those services which are consistent with service definitiOns issued by the STATE. 3. All funds, including interest earned and fee revenues generated by a P.A. 511-funded program, shall only be used for eligible offenders and services under P.A. 511. 4. There will be one fiscal agent responsible for the administration of community corrections funds. In a multi-jurisdictional program, one fiscal agent shall serve all participating local units of government. The fiscal agent shall be responsible for approving all financial expenditures and for providing required financial reports to the STATE. The fiscal agent shall maintain a financial management system which fully and accurately accounts for the use of funds it administers. At a minimum, the system shall provide for: a. Maintenance of a separate special revenue fund for conminnity corrections programs. b. A uniform accounting system which conforms to generally accepted accounting principles. c. A system of source documentation to support disbursements and expenditures and proper allocation of costs in accordance with applicable cost principles. d. Procedures to minimize the time between receipt of revenues from the STATE and disbursement of payments to ensure that services can be provided without interruption. e. Monthly reporting of the financial data in accordance with the STATE reporting requirements. f. Effective control and accountability for all agreement funds and real property acquired. RIDER A MINIMUM PROGRAM AND FINANCIAL MANAGEMENT STANDARDS MINIMUM PROGRAM STANDARDS Local jurisdictions which are awarded Community Corrections Act funds from the STATE must: A. Apply for funding pursunnt to P.A. 511 of 1988, Section 8. B. Demonstrate the likelihood of a reduction in prison admissions and changes in the utilization of the jail and other community-based sanctions and services. C. Work with offenders who: 1. Are bound for prison (especially with short sentences), are jail inmates, or are bound for jail without program intervention; 2. Have not demonstrated a pattern of violent behavior; and 3. Do not have a criminal record which indicates a pattern of violent offenses. (,P.A. 511 of 1988, Section 4, 8.2a) D. Define policies and procedures pertaining to: program eligibility criteria, target populations, screening and eligibility determination procedures. E. Define the scope of services to be provided, duration of offender participation in programs, and the impact of offender participation in programs on jail utilization or prison admission. F. Provide specific procedures to ensure program and fiscal accountability. 1. Maintain a complete offender record management system which protects offender confidentiality and provides a complete and total record of all program activity for each offender. 2. Provide for thorough compilation, analysis and reporting of offender profile and program participation data consistent with policies and procedures set by the STATE. 3. Participate in program reviews as prescribed by the local advisory board and the STATE. FOR THE CONTRACTOR FOR THE STATE _ Agreement Between MDOC and Oakland County Page 10 SECTION 24- ADMINISTRATORS OF AGREEMENT The principal contacts for matters relating to this agreement shall be as follows: Barbara M. Hankey, Manager Oakland County Community Corrections 2300 Dixie Highway Waterford, Michigan 48328 (248)451-2306 (248)451-2339 fax FISCAL AGENT Laurie VanPelt, Director Management & Budget 1200 N. Telegraph Pontiac, Michigan 48341 (248)858-0487 Christine Curtis, Grants Coordinator Office of Community Corrections Michigan Department of Corrections P.O. Box 30003 Lansing, Wichigan 48909 (517) :373-0415 (517) :373-9545 - fax However, it is agreed and understood that these contact persons shall have no authority to legally bind the CONTRACTOR and the STATE unless expressly stated herein. _ Agreement Between MDOC and Oakland County Pd..k4e order resulting here from will contain a provision requiring non-discrimination in employment, as herein specified, binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL 37.2101, ET SEQ, and the Michigan Handicappers' Civil Rights Act, 1976 Public Act 220, as amended, MCL 37.1101, ET SEQ, and any breach thereof may be regarded as a material breach of the agreement. SECTION 15 - STATE LAWS This agreement shall be subject to, governed by, and construed in accordance with the laws of the State of Michigan. Any dispute arising herein shall be resolved in the State of Michigan. SECTION 16 - WORKPLACE SAFETY AND DISCRIMINATORY HARASSMENT In performing services for the STATE pursuant to this agreement, the CONTRACTOR shall comply with Department of Civil Service Rules 2-20 regarding Workplace Safety and 1-8.3 regarding Discriminatory Harassment. In addition, the CONTRACTOR shall comply with Civil Service Regulations governing workplace safety and discriminatory harassment and any applicable state agency rules on these matters that the agency provides to the CONTRACTOR. Department of Civil Service Rules and Regulations can be found on the Department of Civil Service website at www.michigan.2ov/mdcs. SECTION 17 - UNFAIR LABOR PRACTICES Pursuant to 1980 Public Act 278, as amended, MCL 423.231, ET SEQ, neither the STATE nor the CONTRACTOR shall award a contract or sub-contract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the Act. A CONTRACTOR of the STATE, in relation to the agreement, shall not enter into an agreement with a sub-contractor, manufacturer, or supplier whose name appears in this register. Pursuant to Section 4 of 1980 Public Act 278, MCL 423.324, the STATE may void any agreement if, subsequent to award of the agreement, the name of the CONTRACTOR an employer, or the name of the subcontractor, manufacturer or supplier of the CONTRACTOR appears in the register. SECTION 18 - PERFORMANCE BONDS AND INSURANCE The CONTRACTOR agrees to maintain appropriate insurance or self-insurance and shall provide proof of said insurance at any time upon demand by the STATE. SECTION 19 - LIABILITY All liability, losses, or damages resulting from claims, demands, costs, or judgments arising Out of personal and/or bodily injuries or property damage resulting from the acts, omissions or negligence of the CONTRACTOR, the CONTRACTOR's officers or employees in carrying out the obligations of the CONTRACTOR under this agreement shall be the responsibility of the CONTRACTOR, and shall not be the responsibility of the STATE. It is, however, expressly _ Agreement Between NLDOC and Oakland County Page 6 SECTION 6- COST LIABILITY The STATE assumes no responsibility or liability for costs incurred by the CONTRACTOR prior to the signing of this agreement. Total liability of the STATE is limited to the terms and conditions of this agreement. SECTION 7 - NOTICE AND RIGHT TO CURE In the event of a curable breach by the CONTRACTOR, the STATE shall provide the CONTRACTOR written notice of the breach and a time period to cure said breach described in the notice. This section requiring notice and an opportunity to cure shall not be applicable in the event of successive or repeated breaches of the same nature or if the STATE determines in its sole discretion that the breach poses a serious and imminent threat to the health or safety of any person or the imminent loss, damage or destruction of any real or tangible personal property. SECTION 8 - CANCELLATION This agreement shall continue in force and govern all transactions between the parties hereto until canceled or terminated by either party, but it is agreed that either party shall have the privilege, with or without cause, to cancel and annul this agreement at any time upon written notice to the other party. If notice is so given, this agreement shall terminate upon the expiration of thirty (30) days from the date of the notice and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but they shall not be relieved of the duty to perfoun their obligations up to the date of termination. SECTION 9 - RELATIONSHIP OF THE PARTIES The relationship between the STATE and the CONTRACTOR is that of client and independent contractor. No agent, employee, or servant of the CONTRACTOR or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the STATE for any reason. The CONTRACTOR will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this agreement. SECTION 10 - SUBCONTRACTION AND ASSIGNABILITY The CONTRACTOR shall not assign this agreement for the purpose of fulfilling this agreement without the prior written permission of the STATE. The CONTRACTOR is authorized to enter into subcontracts for the purposes of implementing programs and services identified in the approved Comprehensive Corrections Plan. SECTION 11 - AMENDMENTS OR CHANGES IN AGREEM.ENT This instrument, including the Riders, contains the entire agreement between the parties and no statements, promises, or inducements made by either party or agent of either party that are not contained in this agreement shall be valid or binding; and this agreement may not be enlarged, modified or altered except in writing. Agreement Between MDOC and Oakland County FaQ.t 4 d. National Committee for Quality Assurance (NCQA) e. Council on Accreditation (COA) 8. Funds appropriated for probation residential services are to be utilized to provide residential services for felony offenders. The following are minimum criteria for use of funds appropriated for probation residential services. a. Offender eligibility criteria. (1) Sentenced felony offenders with sentencwing guideline scores must have sentencing guideline (SQL) minimum maximum of 9 or above. (2) Sentenced felony offenders without sentencing guideline scores must meet local target population criteria which indicate the offender is jail or prison bound. Felony probation violators are eligible if there has been formal action regarding the violation (defined as any written approval by a judge) and the sentencing guideline minimum maximum was greater than 5 on the original charge. (4) Referral of Special Alternative Incarceration (SAT) graduates must be in accord with the condition of sentence and the STATE policies for SAI aftercare services. Parole violators are eligible pursuant to STAT E and CONTRACTOR policies and procedures which identify and prescribe local correctional interventions to be utilized as alternatives to placement in a Technical Rule Violation Center or return to prison. In accord with STATE policies, eligibility is limited to cases which require a Area Manager Review as defined within the STATE's Parole Violation Response Guidelines. The CONTRACTOR's policies and procedures specify the programs/services to be utilized and local conditions/stipulations and procedures for referral and placement of eligible parole violators in community-based programs. b. Probation Residential Services shall be provided in accord with the Minimum Program Standards for Probation Residential Service Programs as adopted by the State Community Corrections Board. B. The CONTRACTOR shall submit: monthly fiscal reports, program data, and midyear and year-end reports to the STATE. The format and content of the reports are prescribed within the Riders attached hereto. (3 ) (5) Agreement Between MDOC and Oakland County Page 2 forth in Act Number 511 of the Public Acts of 1988, the Fiscal Year Appropriations Act, the CONTRACTOR's Comprehensive Corrections Plan, the CONTRACTOR's Fiscal Year program proposal and budget as approved by the STATE and incorporated herein by reference, and the teuns and conditions included in the Riders attached hereto. 1. The terms and conditions for the use of the Meal Year 2005 Community Corrections funds awarded to the CONTRACTOR are more specifically described in Riders A, B, C, and D. a. Rider A prescribes minimum program and financial management standards. , b. Rider B prescribes terms and conditions applicable to funds awarded from the state appropriations for Community Corrections Plans and Services. c. Rider C prescribes specific terms and conditions applicable to services which are funded via the state appropriations for Probation Residential Services. d. Rider D prescribes specific terms and conditions applicable to services which are funded via the state appropriations for the Drunk Driver Jail Reduction and Community Treatment Program. 2. Public Act 511 of 1988 states in part that Community Corrections Act funds are to be used to: encourage participation in community corrections programs of offenders who would likely be sentenced to imprisonment in a state correctional facility or jail; reduce the state prison commitment rates within and among local communities; and maintain public safety. (Section 8) 3. Section 702 of the Fiscal Year 2005 Appropriations Act states in part that funds appropriated for comprehensive corrections plans are to be utilized for the implementation and operation of programs designed to: reduce admissions to prison of nonviolent offenders who would have otherwise received an active sentence, including probation violators; improve utilization of jail facilities, the first priority of which is to open jail beds intended to house otherwise prison bound felons, and the second priority being to utilize jail beds so that jail crowding does not occur; open jail beds through increased utilization of pretrial release options; reduce the admission or readmission to prison of offenders including probation violators and parole violators, for substance abuse violations. 4. Sex Offender Treatment Limitations - Victim Contact: The CONTRACTOR shall not encourage, initiate, or facilitate any written, verbal, or personal contact between offenders and victims for the purpose of providing any of the services specified in this agreement. Such contact is normally prohibited as a condition of