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Home My WebLink AboutResolutions - 2008.12.11 - 9430December 1 I , 2008 REPORT MR #08274 BY: Personnel Committee, Tom Middleton, Chairperson RE: Department of Public Services/Community Corrections Division — FY 2009 Community Corrections Comprehensive Plan Grant Acceptance TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on December 3, 2008 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report, PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried unanimously on a roll call vote with Coleman & Hatchett absent Public Services Committee Vote: Motion carried unanimously on a roll call vote with Gregokabse Decernber 11; 2008 MISCELLANEOUS RESOLUTION #08274 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION — FY 2009 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentle/ter., WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MOOG) for $4,198,092 in grant funds for the period of October 1, 2008, through September 30, 2009; and WHEREAS the MDOC has awarded Oakland County a 2008/2009 Community Corrections grant in the amount of $3,706,849 which is a 13% variance or $491.243 iess than requested in the application; and WHEREAS the MDOC now holds the contracts for all residential services meaning that $1681738 of the $3,706,849 award has been allocated for Oaklard County Residential Services but will not be recorded as income; and WHEREAS the remaining amount of $2,025,111 is the County's responsibility as snown on Schedule A; and WHEREAS the grant funds the following Community Corrections Division positions of thirteen (13) Community Corrections Soecialist II positions (# 1070402-07425, #07426, #07427, #07429, #07430, #07432, #07433, #07434, #09247. #1070410-09243. #09291, #09648, and *09649), one (1) PTNE Community Corrections Specialist II position (#1070410-09292), one (1) Office Assistant II position (#1070410-09295), one half (.5) Community C.nrrartinr,, I1- "" • (#1070403- 07834), one (1) Community Corrections ane half (.5) Supervisor-Community Corrections position o\c WHEREAS the grant funds the f cC(o (3) Inmate cee Caseworker positions (#4030320-07418, #0 nt I position (#4030320-07417) under-filled with a FINE, CSLkCct--'C---Ci\--\ • (#4030320- 7421), one (1) PTE Inmate Substance Abuse WHEREAS the grant funds will not y the grant, therefore, it is requested to oelete three (2 (# 07431, #09003, #07424), and one (1) Inmate Substai WHEREAS the deleted positions are nd WHEREAS the grant acceptance rec agreement; and WHEREAS there is no County mate, noted that there are General Fund/General Purpose fun , 71 the Fiscal Year 2009 Budget, which are not part of this g WHEREAS the grant agreement has act Review Process. NOW THEREFORE BE IT RESOL\ missioners accepts the Fiscal Year 2009 Communey Corr riIIL ram me Michigan Department of Corrections in the amount of $3,706,849. BE IT FURTHER RESOLVED that the County is financially responsible for $2,025,111 and that the State contracts directly for residential services of $1,681,738. 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. BE IT FURTHER RESOLVED that the following pusitieris be deleted: Job Title Position* Community Corrections Specialist II #1070402-07431 & #07424 Community Corrections Specialist II #1070410-09003 Inmate Substance Abuse Tech #4030320-10393 Chairperson, on behalf of the Public Services Committee, I move the adoptior of the foregoing resolution. PUBLIC SERVICES COMTV1IT1?EE Girvrci nnt 17-1 Gii;i141 GRANT REVIEW SIGN OFF 7 Community Corrections GRANT NAME: FY 2009 Michigan Dept of Corrections Comprehensive Corrections Plans FUNDING AGENCY: Michigan Department of Corrections DEPARIMENT CONTACT PERSON; Barbara 1-lankey / 451-2306 STATUS: Grant Acceptance DATE: November 6; 2008 internal grant review. Below are the returned comments. The captioned grant materialE anti rant acceptance package (which should include the Board of • cornmi sioners 3 Liaison Committee Recrilutiorl! the grant a Eymementicontract, Finance Committee Fiscal Note, and this Sign Off email mato ining_gP.nt review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board. resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Art Holdsworth (10/2012008) Departramt of Human. Resources: Approved. — Cathy Shand (10/20/2008) Risk Management and Safety: Approved By Risk Management. I will defer to Corporation Counsel — Section 19— Indemnification Requirements - Andrea Plotkowski (10/23/2008) Corporation Counsel: There appear to be no unresolved: Liar', isgneg that require additional action at this time. — Karen Agacinsid (11/5/2008) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Michigan Community Corrections Act Public Act 511 of 1988 bttp://www.1egislature.mi.2tvgue3lxerlunri5z55z2uiwv45Vraiiet .esnx?Dautgetobiect&ohieztnarne-mci-Act,- . 511-of-19888quervid=15377193 Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act - "PA. 533 of 2004" ht-tp://www.legislature.mi.RevAnc,3 I xeelunri5z55z2ai wv45)/mileg. asp x?pa ge—gctOb; ect&obj ectName---2003-0- 0850 Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" httoliwww.legislatumaii. goy/inc., 31xeeltint.5z55z2uiwv45)/mile,t!.. asn x7pae=Retobi ect&ohi eetname—m el -Act- 453-of-1976&queryid=1. 4718540 AGREEMENT BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF CORRECTIONS AND OAKLAND COUNTY COMPREHENSIVE CORRECTIONS PLANS This agreement made and entered into for Fiscal Year 2009 by and between the State of Michigan, Department of Corrections, hereafter referred to as the STATE, and: Oakland County 1200 North Telegraph Pontiac, Michigan 48341 hereafter referred to as the CONTRACTOR. W1TNESSETH: 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 STATE has approved the Comprehensive Corrections Plan and the award of FY 2009 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. r • ' •,„ Agreement Between MDOC and Oakland County Page 2 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 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 terms and conditions included in the Riders attached hereto. 1. The terms and conditions for the use of the FY 2009 Community Corrections funds awarded to the CONTRACTOR are more specifically described in the Riders attached hereto. 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 D prescribes specific terms and conditions applicable to services which are funded through 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 corrununity 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. The Appropriations Act for FY 2009 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 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. 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, sister-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, as required by the STATE, shall provide substance abuse services from substance abuse treatment providers accredited by an established recognized accrediting agency. The accrediting agencies recognized by the STATE are: a. Joint Commission on Accreditation (JCAHO) b. American Osteopathic Association (A0A) c. Conu-nission on Accreditation of Rehabilitation Facilities (CARP) Agreement Between MDOC and Oakland County Page 4 d. National Committee for Quality Assurance (NCQA) e. Council on Accreditation (COA) 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. SECTION 3 - SERVICES TO BE PROUDED BY THE STATE 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 term 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 analysis of program impact. The data and information to be included in the reports include that which is derived from the Jail Population Information System (JPIS), the Community Corrections Information System (CCIS), and other data systems maintained by the STATE. SECTION 4- PERIOD OF PERFOI?AL4NCE The term of this agreement shall be from October 1, 2008 through September 30, 2009. SECTIONS- COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable costs incurred during the performance of this contract pursuant to; the FY 2009 Appropriations Act and the Community Corrections Act [791.411, Section 11(1)]. The STATE shall make payments for all services specified 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 funclinE frnrn the legislature and/or executive branches. Payments may be limited, discontinued, or el irninateci 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. Public Act 533 of 2004 requires that payments under this agreement be processed by electronic funds transfer (EFT). The CONTRACTOR is required to register to receive payments by EFT at the Contract & Payment Express website (wmv.epexpress.state.mi.us ). Agreement Between MDOC and Oakland County Page 5 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 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 - PERFORMANCE REVIEWS The STATE may review with the CONTRACTOR their performance under the agreement. A. Performance reviews shall be conducted quarterly, semi-annually or annually, depending on the CONTRACTOR'S past performance with the STATE. Performance reviews shall include, but not be limited to. quality of services being delivered and provided, accuracy of billings, submission of data and completion and submission of required paperwork or reports, and other requirements of this agreement. Upon a finding of poor performance, which has been documented by the STATE, the CONTRACTOR shall be given an opportunity to respond and take corrective action. If corrective action is not taken in a reasonable amount of time as determined by the STATE, the agreement may be canceled for default. C. All programs must maintain 80% of the projected enrollment comprised of offenders from the primary target group or reimbursement for those programs may be prorated. Budgets may be adjusted accordingly to programs that fail to achieve 80% of expected utilization at midyear. ii Agreement Between MDOC and Oakland County Page 6 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 may 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. The CONTRACTOR shall provide copies of all sub-contracts as required by the STATE. SECTION 11 - AMENDMENTS OR C'ILINGES IN AGREEMENT This instrument, including the Riders and attachments, 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. 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 - NON-DISCRIMINATION In the performance of an agreement, the CONTRACTOR wants 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 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, MCI, 37.2201, et seq, and the Persons With Disabilities Civil Rights Act, 1976 Public Act 220, as amended, IvICL 37.1101, et seq, and any breach thereof may be regarded as a material breach of the agreement. Agreement Between MDOC and Oakland County Pan 9 during the audit and produce all records and documentation that verifies compliance with the requirements of this agreement. Each recipient of funds pursuant to this agreement shall cooperate with 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 or financial review findings and recommendations. SECTION 20- 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, knosvn as the "Freedom of Information Act", as amended, MCL 15.231, ET SEQ. SECTION 21 - REPRODUCTION AND USE OF MATERIALS The STATE is granted permission in perpetuity to reproduce and distribute any copyright and other materials that are generated as a result of this agreement. SECTION 22- CONFIDENTIALITY OF INFORMATION The CONTRACTOR and the STATE each acknowledge that the other possesses and will continue to possess confidential information that has been developed or received by it. Confidential Information of the CONTRACTOR shall mean all non-public. proprietary information of the CONTRACTOR (other than Confidential Information of the STATE as defined below) which is marked confidential, restricted, proprietary, falls within the category of "personal information" as defined by PA 452 of 2004 (Identity Theft Prevention Act) or labeled with a similar designation. Confidential Information of the STATE shall mean any information which is retained in confidence by the STATE (or otherwise required to be held in confidence by the STATE pursuant to applicable Federal. State and local laws and regulations) or which, in the case of tangible materials provided to the CONTRACTOR by the STATE pursuant to its performance under this agreement, is marked as confidential, proprietary or with a similar designation by the STATE. In the case of information of either the CONTRACTOR or the STATE, Confidential Information shall exclude any information (including this agreement) that is publicly available pursuant to the Michigan Freedom of Information Act. 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. FOR THE STATE Christine Curtis, Grants Coordinator Office of Community Corrections Michigan Department of Corrections P.O. Box 30003 Lansing, Michigan 48909 (517) 373-0415 (517) 373-9545 - FAX ' Agreement Between MDOC and Oakland County Page 10 SECTION 23- ADMINISTRATORS OF AGREEMENT The principal contacts for matters relating to this agreement shall be as follows: FOR THE CONTRACTOR Barbara Hankey, Manager Oakland County Community Corrections 2300 Dixie Highway, Suite 200 Waterford, Michigan 48328 248-451-2306 248-451-2319 FAX FISCAL AGENT Laurie Vanpelt, Director of Budget Management and Budget 1200 North Telegraph Building 34 East Pontiac, Michigan 48341 248-858-2163 248-452-9172 FAX However, it is expressly 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 Page 7 SECTION 13- STATE IA WS 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 14- WORKPLACE SAFET Y 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.michia.an.gov/mdcs, The CONTRACTOR shall take any additional precautions as the STATE may reasonably require for safety and accident prevention purposes. Any violation by the CONTRACTOR of such safety requirements, rules, laws or regulations shall be a material breach of the agreement subject to the cancellation provision contained herein. SECTION 15- 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 16 - PERFORMANCE BONDS AND INSURAIVCE 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- INDEMNIFICATION General Indemnification To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless the STATE from and against all lawsuits, losses, liabilities, penalties, fines, damages and claims (including taxes) or any other proceeding brought against the STATE by any third party (which for the purposes of this provision shall include, but not be limited to, employees of the STATE, the CONTRACTOR and any of its subcontractors), and all related costs and Agreement Between MDOC and Oakland County Page 8 expenses (including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties), arising from or in connection with any of the following: A. Any breach of this agreement or negligence or intentional tortious act by the CONTRACTOR or any of its subcontractors, or by anyone else for whose acts any of them may be liable, in the performance of this agreement; B. The death or bodily injury of any person or the damage, loss or destruction of any real or personal property in connection with the perfbrmance of this agreement by the CONTRACTOR, or any of its subcontractors, or by anyone else for whose acts any of them may be liable provided, and to the extent that the injury or damage was caused by the fault or negligence of the CON' RACTOR. C. Any act or omission of the CONTRACTOR or any of its subcontractors in their capacity as an employer in the performance of this agreement; D. Any claim, demand, action or legal proceeding against the STATE arising out of or related to occurrences, if any, that the CONTRACTOR is required to insure against as provided in this agreement. Indemnification Obligation Not Limited In any and all claims against the STATE by any employee of the CONTRACTOR or any of its subcontractors, the indemnification obligation under the agreement shall not be limited in any way by the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any of its subcontractors under worker's disability compensation acts, disability benefits acts, or any other employee benefits acts. This indemnification clause is intended to be comprehensive. Any overlap in subclauses, or the fact that greater specificity is provided as to some categories of risk, is not intended to limit the scope of indemnification under any other subclause. SECTION 18 - RECORD RETENTION AND 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 STATE before then. SECTION 19 - AUDIT OF CONTRACT COMPLIANCE • The CONTRACTOR agrees that the STATE may, upon 24-hour notice, perform an audit at the CONTRACTOR'S location(s), to determine if the -CONTRACTOR is complying with the requirements of this agreement. The CONTRACTOR aurees to cooperate with the STATE Ic Date Signature Of Witness /o?- Date Agreement Between MDOC and Oakland County Page 11 SECTION 24- CERTIFICATION The persons signing this agreement on behalf of the STATE and the CONTRACTOR certify by said signatures that they are duly authorized to sign on behalf of said parties and that this agreement has been authorized by said parties. IN WITNESS WHEREOF, the STATE and the CONTRACTOR have caused this agreement to be executed by their respective officers duly authorized to do so. OAKLAND COUNTY MICHIGAN DEPARTMENT OF CORRECTIONS Authorized Signature Date Patricia Caruso, Director Michigan Department of Corrections Grandview Plaza, P.O. Box 30003 Lansing, Michigan 48909 1 ?:14 Date Name and Title (Print or Type) Signature of Witness (Note: The only person authorized to execute an agreement for the Department of Corrections is the Director.) 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 pursuant 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; 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. 4. Conduct a formal on-site assessment of each subcontractor's program operations and fiscal administration. At a minimum, the assessment should include: Rider A — Oakland County Page 2 a. Compliance with agreement specifications. b. Compliance with applicable licensure requirements. 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 contract and other STAII, policy documents. 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 finds, including interest earned and fee revenues generated by a P.A. 511 fundeeLprogram, 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 community corrections programs. b. A uniform accounting system which conforms to generally . accepted accounting principles. Rider A — Oakland County Page 3 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. 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 procurement 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. j. 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 $1,000.00, 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. RIDER B COMMUNITY CORRECTIONS PLANS AND SERVICES CONTRACTOR: OAKLAND COUNTY The following are additional terms and conditions which apply to the 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 and the Proposal for Community Corrections Funds (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 2009 and award of FY 2009 funds, as approved by the STATE, provide for as stated in Attachment A, Section IA., Strategic Plan Analysis - F1' 2009. The FY 2009 policy and program plan and the award of funds were approved by the STATE to provide for as stated in Attachment A, Section 111., Office of Community Corrections. The STATE shall provide sssiRtnnre qg stated in Attachment A, Section II, Technical Assistance Plan. REPORTING REQUIREMENTS Monthly Expenditure Reports: The CONTRACTOR shall submit to the STATE by the 15 th day following 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 Data and information are to be submitted on forms or in a format provided by the STATE. A. Data pertaining to offender participation in all programs. Rider B — Oakland County Page 2 13. Selected rthAnctexistirs of nfrenciprs dettp.rmined eligible for and enrolled in programs. C. Offender data is 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. A midyear report shall be submitted by March 15th each year of the current contract. All data is to be submitted on forms or in a format provided by the STATE. The report has four (4) parts that includes the following: 1. Summary of the progress toward addressing any contractual conditions as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. 2, Summary of the status for each objective as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. 3. Summary of how the Community Correction Programs funded by the STATE has reduced the Prison Commitment Rate (PCR) and improved local jail utilization, including the total number of jail bed days saved by each program. 4. Description of any factors which have contributed to expenditures which are significantly above or below the projected level analysis of financial status (planned versus actual expenditures) and any proposed budget amendments. 5. An updated Strategic Plan and Status Report as outlined in the Community Corrections Comprehensive Plan 84 Application for FY 2009. B. A year-end report, as prescribed by the STATE, shall be submitted by October 31 each year of the current contract. CCAB Meeting Minutes: A. The CONTRACTOR shall provide the STATE with copies of local CCAB meeting minutes within 30 days of being approved by the local CCAB Board. TERM OF AGRE'EMENT The terms and conditions pursuant to this agreement shall remain in effect from October 1, 2008 through September 30, 2009. Rider B — 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 Community Corrections Funds attached to this agreement. The maximum amount payable to the CONTRACTOR pursuant to this Rider is S1,416,508.00. Payments to the CONTRACTOR shall be made monthly and in accord with the following terms: A. The STATE shall reimburse the CON1RACTOR for allowable program and administrative costs. B. Payments are conditional upon the CONTRACTORS submittal of all required monthly expenditure and program data, the midyear and year-end reports, and responses to fmancial audits. * * * 014-4.-* * * * * * * * * * * * * * 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 D DRUNK DRIVER JAIL REDUCTION AND COMMUNITY TREATMENT PROGRAM CONTRACTOR: OAKLAND COUNTY The following are additional terms and conditions which apply to the Fiscal Year 2009 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 2009, and the Proposal for Community Corrections Funds for FY 2009 (Attachment A) as approved by the STATE. For purposes of this Section, ''CONTRACTOR" means the "County". ELIGIBILITY CRITERIA Funds are to be utilized to provide substance abuse services for OUIL Ill felony offenders that meet the following criteria: A. As used in this section, "felony drunk driver" means a felon convicted of operating a motor vehicle under the influence of intoxicating liquor or a controlled substance, or both, third or subsequent offense, under section 625(9)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable as a felony. B. Convicted felony drunk driver offenders that are intermediate cell offenders with a sentencing guideline score (SGL) of a maximum of 18 months or less. C. Are alcohol dependant or abusing. D. Have not caused serious injury in an alcohol or drug related crash. E. Do not have violent felony conviction in the past ten (10) years. F. Do not have more than one (1) vioJent misdemeanor conviction in the past ten (10) years. Rider D Oakland County Page 2 ACCREDITATION The CONTRACTOR shall ensure that all siibstancT abrIsP treatment providers are accredited by an established recognized accrediting agency. The accrediting agencies recognized by the STATE are: A. Joint Commission on Accreditation (JCAHO) B. American Osteopathic Association (A0A) C. Commission on Accreditation of Rehabilitation Facilities (CA_RF) a National Committee for Quality Assurance (NCQA) E. Council on Accreditation (COA) REPORTING REQUIREMENTS Monthly Expenditure Reports: The CONTRACTOR shall submit to the STATE by the 15 th day following 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: A. The CONTRACTOR shall submit program participation and offender profile data by the 15th day of the month in a format provided by the STATE. B. Data pertaining to offender participation in all programs will include the following: 1. Selected characteristics of offenders determined eligible for and enrolled in programs. 2. Average length of stay in jail. 3. Average length of time in the program. 4. Alcohol and other drug testing results Rider D — Oakland County Page 3 5. The successful completion rates. Midyear and Year-end Report: A. A midyear report shall be submitted by March 15 th each year of the current contract. All data is to be submitted on forms or in a format provided by the STATE. The report has five (5) parts that includes the following: 1. Summary of the progress toward addressing any contractual conditions as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. 2. Summary of the status for each objective as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. 2. Summary of how the DDJR/CTP funds have: a. Increased the availability of treatment options to reduce drunk driving offenses and dnuik driving related deaths by addressing alcohol addiction of felony drunk drivers. b. Diverted felony drunk drivers from being sentenced to jail or reduced the length of stay in jail. c. Enabled the county to meet or exceed amounts received through the County Jail Reimbursement Program during FY 2009. 3. 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. B. 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, 2008, through September 30, 2009. Rider D — Oakland County Page 4 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 Community Treatment Program attached to this agreement. The maximum amount payable to the CONTRACTOR pursuant to this Rider is S274,514.00. 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. * * * * * * * * * * * * 4; * r* * 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: 19342 Index: 12150 Program Cost Account: 14035 Agency Object: 8108 CFJ-259 03103 Oakland Barbara Han key Hon. Fred Master Oakland County Christine Curtis (Acting) Community Corrections Comprehensive Plans and Services Drunk Driver Jail Reduction & Community Treatment X Residential Services August 28, 2008 X ATTACHMENT "A" Michigan Department of Corrections Office of Community Corrections PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS - FY 2009 „ eee 'On ,r,^-n • o•-r 2 . , n I : i .- . ' " . : •• CAB ' -ii - ... Tt–t1Ciiiiiiiin en ' P-- — tee- P.P Fës7va1 Dteeie- r.atiReoliWIT(617 11-7 -----------..-• • lee on_ or.e.eateeim ee. .. —,. .- .--az.-A.e. -=-:.:7....:7.::T---:-I•R•.--Tv.a.77.7...-=-.1:eR a e-: • ••:' 00-ibiiiii—a ee. SUMMARY FELONY DISPOSMON: Group 1 Offenses: Homicide, Robbery. CSC, Assault, Arson, Other Sex Offenses, Assaultrve Other, Burglary and Weapons. Group 2 Offenses: Larceny, Fraud, Forgery/Embezzle, Motor Vehicle, Malicious Destruction. Drugs, OWL r Offenses, and Other Non-Assaultive Offenses, OMNI data reflects that Oakland County's prison commitment rate (PCR) increased from 20.3% in CV 2005 to 22.3% in CY 2006 and remained the same in CV 2007 – the County's rate is higher than the State's rate of 20.7%. There were 29 fewer prison dispositions in CV 2007 than in CV 2005. Although the County's SGL N/A (27,1%) and straddle cell (34.2%) rates are lower than the state rates (N/A 31%, straddle cell 35.9 %), these rates are up from the County's CV 2005 NIA 24%, straddle cell 25.7%) and CV 2006 (N/A 26.2%, straddle cell 31.4%) rates. CY 2007 OMNI data indicates that 611 (52.4%) of the 1,547 prison dispositions were Group 1 offenses and 736 (47.5%) were Group 2 offenses. The SGL N/A and straddle cell categories represent 60.4% of prison dispositions. Of the 619 straddle prison dispositions, 435 (70.3%) were from Group 2. with 178 of them not under MDOC supervision. Of the 315 SGL N/A prison dispositions, 145 (46%) were from Group 2, with 130 of them not under MOOG supervision. It should be noted that the OMNI data for the last 3 quarters of CV 2007 refleats probation violators in the cell of the original SGL range rather than in the SGL N/A category. The County has requested additional data from OCC in order to target intermediate cell probation violators that result in prison. There were 90 in CV 2007 though they represent only 20% of all intermediate cell probation violators. It is noted that that 46% of CJRP eligible dispositions resulted in prison with 50% receiving jail or jail/probation. Improvements in jail utilization could permit the retention of prison bound offenders eligible for CJRP which would reduce PCRs and increase reimbursements. The County's objectives are to target technical probation violators and intermediate OWL 3offenses for alternative programming. The consistent use of COMPAS assessments should lead to evidence-based sentencing focused on offender needs. JAIL UTILIZATION: The jail operated at 115.6% of its rated capacity (1,823) in CV 2007 including an ADP of 30 boarded out. The County reports four declarations of jail overcrowding in 2007. Though slight, lengths of stay increased across nearly all populations. The County notes that DWLS and No Ops account for 5% of the ADP. Strategies to address these populations in tne pas: have proved futile. New technology to target these offenders who continue to drive without a license appears to exist but is not available in Michigan at this time. In the meantime the County notes progress toward addressing the pretrial population with the district court's acceptance (in theory) of an objective pretrial screening instrument. A strategy proposed by the County is to secure funding to develop a screen and implement it by June 2009. The County has an objective of diverting 50% of u(611derb bUil1ricul.1 for OWLS and No Ops resulting in 16,470 jail bed days saved. Strategies that would permit this diversion have not yet been fully developed. Additionally, the County will continue to target straddle cell PRV 35+ offenders for jail-based programming thereby increasing their potential CJRP reimbursement and reducing ID' maintaining the low PCR for this population. It :$ noted that the County billed $2,546,664 for CJRP in FY 2007, down from $2,715,705 in FY 2006. In regards to jail re-entry, the County reports that jail re-entry services have been provided for a number of years, but not officially identified as such. The County utilizes pretrial services to identify an offender's needs or concerns. In some cases, the case manager and/or inmate counselor makes the necessary referrals to community resources for the offender, Additionally, some jail-based programs require the completion of a discharge plan prior to the offender's release from jail, e.g., Life/Empioyment and Skills Program, Challenge to Change. The Oakland County Jail and Community Mental Health have developed a jail diversion program which has two components. The first is a pre-book diversion which is an option open to the police officers prior to making an arrest. Officers are trained to identity offenders with a mental illness and may divert the offender directly into mental health services. Tlieeeeete R.1-collieueei It is a post book program called Jail Alliance with Support (JAWS). If an offender is booked into the jail and is suspected of having a mental illness he/she will be diverted into a special dorm and seen by a psychiatrist and other team members to clevelep a elsibilieatiuri elf id reentry plan. LOCAL OBJECTIVES: The County's primary local objective for FY 2009 and beyond is to contain costs. That said, the local Community Corrections office hopes to secure funding to contract for the development of a pretrial risk screen. it appears that stakeholders support strategies to control the jail population (implement objective pretrial screening) that should pay off in contained criminal justice expenditures in the future, RISKJNEEDS AND SUBSTANCE ABUSE ASSESSMENT: COMPAS is utilized pre-sentence and post-sentence for both felons and misdemeanants. It is primarily used for case planning or program placement for participants through the Step Forward program. The results are usually shared with circuit court probation and service providers. I. OFFICE OF COMMUNITY CORRECTIONS A. Strategic Plan Impact Analysis: The Oakland County plan is a continuation of previous plans with a new emphasis on identifying intermediate cell probation violators for additional community programming as a means to reduce the PCR. Though the County has fairly iow PCRs, their rates have been climbing steadily. lt should be noted that a one percentage point change in the overall PCR in Oakland County can represent 70 additional prison dispositions. Several objectives and strategies promoted in the plan are still in the developmental stages (Develop new program or initiative aimed at providing an alternative to prison [for probation violators]) and are not likely to have an additional ;rnpact on PCRs in FY 2009. The majority of the County's P.A. 511 funding supports pretrial services and screening/assessment services, It is acknowledged that these services are the foundation of any programming that would reduce PCRs or change offender behavior. However, once offenders have been screened and assessed, few behavior modification programs appear to be funded through P.A.511 in a way that would contribute to objectives. The jail based cognitive program only projects 240 enrollments and at this time utilization by straddle offenders is reported at less than 50%. Step Forward provides case management for 1,100 offenders per year as they access a variety of programs through multiple funding streams; however, current CCIS reflects only 3.2% of FY 2008 enrollments are straddles. B. Recommendation: Support the County's plan to continue efforts to improve jail utilization and to reduce prison commitments, The County is encouraged to expanc taroetieg and structured sentencing (jail followed by residential, followed by Step Forward programming, EMS or SAI as appropriate) to all Group 2 straddle cell offenders. The CJCC should continue to look at eligibility and referral processes to increase program utifization by targeted populations that contribute to improve PCRs and mieimize net-widening. C. Contractual Condition(s): None D. Contractual Objective(s): 1. Reduce prison commitment rates by diverting Group 2 (non-assaultive) offenders from the straddle cell and probation violator categories to community programming. 2. Eliminate use of emergency releases through management of the jail population with alternative programs and improved policies related to earned credit. 3. Reduce the ADP and LOS of misdemeanants in the jail by utilzing the pretrial programs and/or other programs in lieu of jail, 4. Develop/implement alternatve strategies for OWLS / No Ops offenders. 5. Decrease PCR for 01.11L 3'd', especially from the intermediate ceH, through structured sentencing plans including jail, residential services, and alcohol monitoring. 6. Verify accuracy of CCIS data. including legal status and SGL ranges, in monthly feedback reports. U. TECHNICAL ASSISTANCE PLAN 1. County is to request technical assistance from OCC as they deem necessary. 3 A !L •froi. ;1/4: kt, 'EduCatiOnThc• Educaon Services R141-0 ; EmplOymentrTrairii-3 Eiriplcjibenti • 1 enSIVe. Upe Day Rertin Niental611.1 st - eggifk qt.II, • ' • :'t ,...- ':". i':,,.4,,. t .! • • '"PIT-Tir i341•«f- ; - ChUtr"atierit S6k-Offend6r creeiinghssess ° -la • -r4VT-61 .0`" " .V.47 et.:,„0 1:140e. 4144W ibtfulMiiiitA44k.....weTx, %tap` gkate, r...114**=*. •61%.,.&b,kSt • • 1.4 j" I - County/OCC funds Pretrial ScreerlIng that targets all in-custody offenders. Verified information regarding criminal history and status of employment and residence is forwarded to the court. County projects 8,880 I 57.1% assessments. -rograr 006 p.-.....I..- -..q.,-,..,..,:....c.-!....., w ddnirtriiitY,Seni g ...StEef45:T-WW.ozW. gt t.F6Y40,91,7 kW= ognive: Ch X 72.9% The jail based cognitive program, Life Employment & Skills Program (LESP) uses a combination of OPTIONS and Hazelden's Criminal and Addictive Thinking curriculum. This is a six-week program targeting straddle cell offenders with PRV 35+. Group meetings are held for 90 minutes twice a day two times a week to introduce the cognitive restructuring process arid apply it to life skills and problem solving. Aftercare plans are developed prior to an offender's release. A 25% reduction in sentence is received upon successful completion. Projected enrollment for FY 2009 is 240, the same as last year. Successful completion rate is 31%. .•EIectronicMc. . -.Supervision! N/A* DEUR & CTP funding supports enhanced SCRAM (alcohol monitoring tether) supervision of eligible OUIL 3"1 offenders who will serve reduced jail sentences and complete RS placement prior to 180 days on tether. Coun I ty proiects 100 enrollments for FY 2009. CountylOCC funds Pretrial Supervision for felons and select misdemeanant offenders as ordered by the court. I 71.5% The County projects 1,800 enrollments. Successful completion rate is 91.1%. FY 2009 PROPOSED COMMUNITY CORRECTIONS PROGRAMS (Utilization rates are based on April 2008 CCIS data as related to III. projectio .74.7% III. FY 2009 PROPOSED COMMUNITY CORRECTIONS PROGRAMS (cont.) #,Vrttr,,.„61,1vity.v „ t wilt; patp,t_ '-rr• - - • 01'1 rr-Srala t.-,4.:z..ii.t.,,#"-.0$:4.,...;. ..-:tfettronIcObriltdritig •.:,.:'.:?,i;-1',=:77.7.7.5'.--v -It p'24..., .',;*•;,,, f . ,•.....Nr,.?..- .',:'..-:. -....,,, ...:,-, - , . , ..... )yse';'-:,,-.-', OCC funds supervision of pretrial offenders on electronic monitoring if deemed necessary to facilitate release. Offenders pay for the use of the equipment themselves. FY 2009 enrollment projections are 442, higher than the FY 2008 projection of 325. Successful completion rate is 94:3%. IM.4.:•-4; .7. 82;2 •ii;AarlAk-JA .• - •,siA4:7; 1-.:,,:igHtg • CountyfOCC funds drug and alcohol testing of participants at Step Forward, drug/sobriety courts as well as offenders referred to random testing as a condition of bond/probation. CCIS reflects 1,237 enrollments. The County projects 1900, enrollments; the same as in FY 2008. 76% 65.1% - C."vnitivOyr'.qattpeht Case: Me.riagenlentr. - SoreenthgfAèse.ssinent. : Cour4 proposes to use DOJR & CTP funds to support outpatient treatment for eligible OUIL S coftenders housed in the main jail. Projected enrollment is 210. The second outpatient treatment program offers services to eligible OUIL 3 rd offenders sentenced to jail at the work release facility and as supplemental services to offenders in residential programs. Projected enrollment is 84. sagz:qhF7A.a:,::4:4.:31 tr4 County/OCC funds the assessment of offenders referred to Step Forward programs with the COMPAS tool. Offenders are then referred to appropriate programs based upon assessment results. County projects 686 assessments, down from 1,053 in FY 2008. CC1S reflects 418 assessments through April. Offenders convicted of OUIL 3rd will be assessed for a level of care index and DSM-IV diagnosis. Assessment results will be shared with the probation department to incorporate Into the Pre-Sentenced Investigation report or as a means to secure an amended order to place the offender into the appropriate level of care. OCC/County funds Central Intake arid Assessment Unit (CAIU) for the screening/assessment of offenders detained in the jail with the CCMPAS tool. Assessment results are provided 10 probation for consideration during the PSI process. Also, the Central intake arid Assessment Unit processes all time cuts for jail-based program participants. The County projects 1,303 assessments for FY 2009. CC FS reflects 693 assessments through 39.7% County/OCC funds Case Management through the Step Forward program. Offenders are ordered to Step Forward, assessed and ultimately referred to any number of programs available on-site based upon offender needs. Case Management services track offender compliance and progress. Projected enrollment for FY 2009 is 1,100, the same as in FY 2008. 54.9% Alqw:Ntlikftgat-?..,! 17%tqPkggrrtkilltjiittikt:-kk'kk't':V: :Ar4T,,,,w;2-....'„-?,-,$-;:-.4-11P-...4,.ankrf-VA0:ews;n-x-11tA:4:4,,ti-f-,'„! • County proposes to utilize DDJR & CTP funds for residential treatment services. County will also bill under the X five days jail housing for eligible offenders. COMMENTS: CCIS does not break out utilization of DIDJRCTP funded programs by individual program. Utilization rates noted above should be near 58% as when using April 2008 CCIS reports. 1`..cunty's plan continues to emphasize improved assessment, targeting, and programming in-line with evidence based practices promoted by OCC and NIC. 5 . "Og.A!R:g.Rlir - w4zitglif.d .3: II PiltritTn1111*-itlicorrattEiftestir, ler •=1 . xrroxim1ertomp,..vrei;c1"414A-V...44.4 s—gr-?EatEMZIfuolwaTh—V2.105"a;m.ocie j, :j .._"iailigiT;ettitta--7.74:MiefilYtt..r. I NO WO 0 :Li,:.11:4f 6.500 .11 .11-1 _ SOI UtliullS to Recover)/ iurningpalot ;_-:equoia PRcovery_ 'Ft OP STOP transitiOnal .5nquola Transitional I ,rrnin9 Poirt Trons4honal 1113e:, *TO- ktFaig",i0 ,P1 69 500.0 4E1 -- 2.'1l 5` 80101 3 .,IiJ 13,/ 1C ,1 025.0mil 8.011 26 062.-. 8.011 280 1.O1 I7.337.5 Ltd - - 1 26,006.25 1.01 — 17,037.55 1 01 3.5i ,66.6" J 0.51 26C1,062.4 17,337.01 26 006 25 17,337.50 ,500. Sol lions to Recoval 5 . uola Recovery Tur 1ln Point • 242,725.4 69350.0 — 17 337_5_ —17;3-07.5 TOTAL: 87.D0 I 1,681,737.5o 07.00 I 1,681,737.50 346,750.00 I 1927. 334,089.0D 242,725 69,350 11,265 10,749 FISCAL NOTE (NTT serrIllff December 11, 2008 BY: FINANCE GONTIVE rKE ROGERS, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION — FY 2009 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to rule XII-C of this Board. the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Corrections (MDOC) has awarded the Oakland County Community Corrections Division a Community Corrections Comprehensive Plan Grant in the amount of 53,706,849, which is a 13% variance or $491,243 less than requested in the application. 2. The grant award is $98,143 less than the previous award of $3,804,992. 3. The MDOC now holds the contracts for all residential services, meaning that $1,681,738 of the $3,706,849 award has been allocated to Oakland County residential services but will not be recorded as income. The $1,681,738 will be paid by the State directly to residential centers. 4. The remaining amount of $2,025,11115 the County's responsibility as detailed on Schedule A. 5. This is the fifteenth (15th) year of the grant application with the Michigan Department of Corrections, Office of Community Corrections. 6. The grant period is October 1, 2008 through September 30, 2009. 7. The grant provides funding for positions in the Community Corrections Division and the Sheriffs Office. 8. The grant funds will not cover all of the salaries previously covered by the grant therefore: four positions are being deleted in the Community Corrections Division and one within the Sheriff's Office. 9. No County match is required however, it should be noted that there are General Fund/General Purpose funded Community Corrections positions included in the Fiscal Year 2009 budget, which are not part of this grant. 10. In addition to the grant and independent of the grant award, the FY 2009 Adopted Budget includes a General Fund/General Purpose appropriation of $4,822,309 for Community Corrections. 11. An amendment to the FY 2009 Adopted Special Revenue Budget of ($1,779,881), as detailed in the attached schedule is requested to reflect the new grant award of 52,025,111 for FY 2009. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with. Potter, Coulter, Woodward and Greimel absent. SCHEDULE A COMMUNITY CORRECTIONS/SHERIFF'S OFFICE FY 2009 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT AWARD FY 2008 Grant Award versus FY 2009 Award • Variance 2008 2009 2009 Award 2009 FY 2009 Award Award vs. 2008 Award Adopted Budget Budget Amendment OTAL GRANT LESS STATE DIRECT PAY FOR RESIDENTIAL SERVICE *'0UNTY PORTION tIOUNTY PORTION - DETAIL Fund 27370 Project # GR0000000093 Bud Ref 2009 + Activity "A" n9v9ritie nioniunity Corrections 1070401 113180 615571 Grants State Iiff 4030301 112650 615571 Grants State Total Revenue $3,804,992 $3,706,849 ($98,143) ($1,681 1738) $2,025,111 _ $3,380,191 $1,580,752 ($1,799,439) 424,801 444,359 $19,558 $3,804,992 $2,025,111 ($1,779,881) $3,804,992 $3,380,19.1 ($1,799,439) 424,801 $19,558 $3,804,992 ($1.779,881) Expenditure ( :okiiinuill v Corrections 1070 0' ' 3000 1070 0 - " 3000 1070 e' ' "3000 1070 0' ' ' 3000 1070 0' " 3000 '1070 0' " 3000 1070 0' ' 3000 1070 10 ' 3000 1070.0 - - 3000 1 070 0 ' 3000 070 0" • 3000 070'O " 3000 070 0' ' - 3000 • 117,1 rl" ' ' 3020 • 070 0' - - 3020 • 079±e 702010 Salaries 722740 Fringe Benefits 731213 Membership, Dues 731773 Software RentaIlLease 732018 Travel, Conference 750294 Materials, Supplies 772618 Equipment Rental 773630 IT Development 770631 Bldg, Space Rental 731941 Training 774636 IT Cost 778675 Telecommunications 776666 Public Education 702010 Salaries 722740 Fringe Benefits $45,794 $45,794 $0 22,855 22,855 $0 100 100 $0 0 0 $0 750 750 $0 500 500 $0 0 0 $0 10,000 10,000 $0 7,669 7,669 $0 750 750 $0 12,000 12,000 $0 1,000 1,000 $0 1,000 .1,000 $0 69,565 69,565 $0 34,735 34,735 $0 20,664 20,664 $0 $45,794 22,855 100 0 750 500 0 10,000 7,669 750 12,000 1,000 1,000 69,565 34.735 20,664 vy risco' ban), es ive'evsember 24.2008 303.5 701a010.cSalan $0 0 0 0 0 0 0 0 0 110 13035 23010 23010 20 20 20 20 30 30 40 40 50 50 85 60 60 85 •7illeO1fs Office 4030301 112650 10;30301 4030301 4030301 4030301 4030301 4030301 112650 112652 112652 112651 112651 112620 3 3 3 - 3 3 3 3 3 3 3 3 3 070 070 070 070 070 070 070 070 070 070, 0/0 070 070 070 070. 070. 070. a a' a' a . a' 0 - 01 01 01 01 02 02 01 01 2008 Award 10,325 312,228 150,050 14,413 7,120 11,467 8,931 173,335 86,665 41,294 20,638 65,440 32,694 358,131 1,686,345 81,933 85,800 2009 Award 10,325 312,228 156,050 14,413 7,120 11,467 8,931 173,335 86,665 41,294 20,638 68,440 35,694 334,089 0 a 72,681 Variance 2009 Award vs. 2008 Award $0 $0 $0 $0 $0 $0 $0 $0 $O $0 $0 $3,000 $3,000 ($24,042) ($1,686,345) ($81,933) ($13,119) 2009 Adopted Budget 10,325 312,228 156,050 14,413 7,120 11,467 8,931 173,335 86,665 41,294 20,638 65,440 32,694 358,131 1,686,345 81,933 85,800 FY 2009 Budget Amendment 0 0 0 0 0 0 0 0 0 0 0 3,000 3,000 (24,042) (1,686,346) (81,933) (13,119) 14,368 7,165 93,334 46,666 143,746 71,845 47,677 14,368 7,165 93,334 46,666 143,746 71,845 67,235 $0 $0 $0 $0 $0 $0 $19,558 14,368 7,165 93,334 46,666 143,746 71,845 47,677 0 0 a a 19,558 $ 3.804,992 $ 2,025,111 ($1,779,88 3,804,992 ($1,779,831 SCHEDULE A COMMUNITY CORRECTIONS/SHERIFF'S OFFICE FY 2009 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT AWARD - FY 2008 Grant Award versus FY 2009 Award 722740 Fringe Benefits 702010 Salaries 722740 Fringe Benefits 702010 Salaries 722740 Fringe Benefits 731773 Software Rental/Lease 730373 Contracted Services 0 Salaries O Fringe Benefits O Salaries O Fringe Benefits 0 Salaries O Fringe Benefits 3 Contracted Services 730373 Contracted Services 731458 Professional Services 731458 Professional Services 702010 Salaries 722740 Fringe Benefits 702010 Salaries 722 740 Fringe Benefits 702010 Salaries 722740 Fringe Benefits 731885 Support Services Total Expenditures 7020 72274 7020' 7227. 7020' 7227, 7303 Prepared by Fiscal Services November 24,2008 Resolution #08274 December 11, 2008 Moved by Rogers supported by Clark the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying repuits beilly cict,e-p-ted). AYES: Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 11, 2008. 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 11th day of December. 2008. Gide Ruth Johnson, County Clerk