HomeMy WebLinkAboutResolutions - 2009.11.12 - 9898*
A.
November 12, 2009
REPORT MR #09270
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE: 52-2 District Court — FY 2010 Michigan Drug Court Program — Michigan
State Court Administrative Office (SCAO) Grant Acceptance
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on
November 4, 2009 Reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of
the foregoing Report.
HUMAN RESOURCES COMMITTEE
Human Resources Committee Vote:
Motion carried unanimously on a roll call vote with Scott absent
11. November 12, 2009
MISCELLANEOUS RESOLUTION 109270
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: 52-2 DISTRICT COURT — FY 2010 MICHIGAN DRUG COURT PROGRAM — MICHIGAN STATE COURT
ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd District Court, Division II (Clarkston) applied for a grant with the State Court Administrative Office
(SCAO), Michigan Drug Court Grant Program effective October 1, 2009 through September 30, 2010; and
WHEREAS the District Court was awarded $14,000, for a total program funding of $47,415.
WHEREAS this drug court was instituted to deal with the problems of increasing recidivism, increasing use of alcohol
and illegal drugs, rising systems costs, and an increase in jail days ordered; and
WHEREAS the Drug Court Program is on its sixth year of operation and currently is funded by the SCAO grant and
Assessment Fees and Drug Court Treatment Fees revenue; and
WHEREAS for FY10 the SCAO grant will provide limited funding to one (1) SR full-time eligible Probation Officer II
position, #3020305-10317, that provides intensive probation supervision and frequent alcohol testing of defendants
participating in the Drug Court Program; and
WHEREAS to operate in a more cost-effective manner, Division II proposes to streamline the Drug Court Program by
deleting the current full-time eligible SR Probation Officer II position effective November 5, 2009 and reassigning current
Program caseload to an existing position, #3020305-07230, which will be partially reimbursed by the grant and;
WHEREAS in addition the Court proposes the creation of two (2) GF/GP part-time non-eligible 1,000 hours per year
Probation Officer I positions to assist the Probation Unit and the costs of these positions be offset by Assessment Fees and
Drug Court Treatment Fees revenue; and
WHEREAS program costs include, supplies, travel, and conference. These costs are offset by the Drug Court
Treatment fees, Assessment Fees and the SCAO grant award; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and
the Board of Commissioners' Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court
Administrative Office (SCAO) Grant for the period of October 1, 2009 through September 30, 2010.
BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible 1, 000 hour per year Probation Officer I
position be created in the Probation Unit of the 52-2 Clarkston District Court, and cost of this position will be offset by the
Drug Court Treatment fee.
BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible 1, 000 hour per year Probation Officer I
position be created in the Probation Unit of the 52-2 Clarkston District Court, and cost of this position will be offset by the
Assessment fee.
BE IT FURTHER RESOLVED that one (1) SR full-time eligible Probation Officer II position (# 3020305-10317) be
deleted effective November 5, 2009.
BE IT FURTHER RESOLVED that one (1) GF/GP full-time eligible Senior Probation position (# 3020305-07230) be
partially reimbursed by the SCAO grant effective November 5, 2009 through September 30, 2010.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the
contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance
from the award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the
contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office,
providing that assurance #3 of that grant application shall not be construed as a mandate for future funding of the program
from the funding unit, said letter attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the
County's obligation limited to the grant funding period.
BE IT FURTHER RESOLVED should Assessment Fees or the Drug Court Treatment Fees decrease, the two (2)
positions will be evaluated and an alternative funding source will need to be identified, otherwise the positions will need to be
deleted.
BE IT FURTHER RESOLVED that continuation of the program and staffing associated with this grant is contingent
upon continuation of State funding and receipt of additional funding sources.
BE IT FURTHER RESOLVED that continuation of this grant does not obligate the County to any future commitment.
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 unanimously on a roll call vote with McGillivray absent
GRANT REVIEW SIGN OFF — 52/2 District Court
GRANT NAME: FY 2010 Michigan Drug Court Grant Program (SCAO)
FUNDING AGENCY: State Court Administrative Office of Michigan
DEPARTMENT CONTACT PERSON: Sharon Rupe 248-625-4999
STATUS: Grant Acceptance
DATE: November 2, 2009
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have
completed internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee
Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be
place on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board
resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved.. — Laurie Van Pelt (10/16/2009)
Department of Human Resources:
Approved. — Cathy Shallal (10/16/2009)
Risk Management and Safety:
Approved per modified contract. — Andrea Plotkowski (10/29/2009)
Corporation Counsel:
After reviewing this grant contract, as modified by SCAO at our request, there appear to be no
unresolved legal issues that require action at this time. — Karen Agacinski (10/29/2009)
COM:PLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a
list of the specifically cited compliance related documents for this grant.
2004 PA 224 (Drug Court Legislation)
h ://www.leaisIature.mi. ovi e0 c2cm0hivk ev itn. e a e---BiliStatus&ob'ectuarne=20
04-SB-0998
Drug Treatment Courts: The Tell Key Components
http://www.ojo.usdoi.gov/BJAIgrantiDrugCourisiDefiningDC,pdf
Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA., Tide 11)
http://www.cms.hhs.gov/IEPAAGenInfe/Downloads/MPAAlawdetail.pdf
Department of Health and Human Services Confidentiality of Alcohol and Drug Abuse Patient
Records (42 CFR Part 2)
http://www.access.zpo.govinaraicfriwaisidx_02/42cfr2 02.html
Grantee
38-6004876
Federal ID Number
SCAO Contract Number
SCAO-2010-044
$14,000
Grant Amount
- ‘)5p,
2009 PA it '6, effective , provides funding for the Michigan Drug Court k
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2010
GRANT CONTRACT
52-2 District Court - DWI
2.11wat.
2004 PA 224, effective January 1, 2005, authorizes the creation of drug treatment courts
in circuit and district courts and the family division of circuit courts in Michigan. In addition,
Grant Program (MDCGP) for FY 2010. This program is administered by the State Court
Administrative Office (SCA0). The purpose of the MDCGP is to provide funding assistance to
operational drug treatment courts and drug treatment courts in the planning stage. The grant
agreement is designated as a subrecipient relationship.
Funds from the MDCGP are awarded based upon the Grantee's agreement to comkly
with 2004 PA 224, the policies and procedures set forth in the application assurances and
administrative requirements for the program, and this contract.
.#
Contract
This contract incorporates the Grantee's approved grant request and final approved
budget.
2. Contract Administration
The State Court Administrator or his agent shall have full authority to act for the grantor
in the administration of this contract consistent with the following provisions.
3. Term of Contract
This contract shall be effective upon the signature of the State Court Administrator or
Deputy State Court Administrator, and the signature of the Grantee's authorizing official
and chief judge. The contract shall commence October 1, 2009, and shall terminate on
September 30, 2010, unless terminated earlier according to provisions in section 20.
Funding under this contract does not guarantee future funding from the MDCGP.
4. Contract Funding
Upon approval of the Grantee's application and signing of this contract, SCAO agrees to
provide funding from the MDCGP in an amount not to exceed the amount of the grant
contract. In no event does this contract create a charge against any other funds of SCAO
or the Michigan Supreme Court.
5. Conduct of the Project
A. The Grantee shall abide by all terms and conditions required by the application
assurances, budget requirements, and the Grantee's approved program outline and
budget, The Grantee must obtain prior approval from SCAO before any program
changes or budget adjustments exceeding $1,000 are implemented during the
grant period.
B. The Grantee shall operate its drug court project in accordance with the Ten Key
Components of drug courts as outlined in the application assurances.
Michigan Drug Court Grant Program — FY 2010
C. The Grantee shall comply with all applicable federal, state, and local laws, rules,
and regulations.
D. The Grantee agrees that funds awarded under this grant will not be used to
support any inherently religious activities, such as worship, religious instruction,
or proselytization, If the Grantee refers participants to, or provides, a non-
federally funded program or service that incorporates such religious activities: (1)
any such activities must be voluntary for program participants, and (2) program
participants may not be excluded from participation in a program or otherwise
penalized or disadvantaged for any failure to accept a referral or services. If
participation in a non-federally funded program or service that incorporates
inherently religious activities is deemed a critical treatment or support service for
program participants, the Grantee agrees to identify and refer participants who
object to the inherently religious activities of such program or service to a
comparable secular alternative program or service.
6. Assignments and Subcontracts
All provisions and requirements of this contract shall apply to any subcontracts or
agreements the Grantee may enter into in furtherance of its obligations under this
contract. The Grantee shall provide copies of all subcontracts for services funded in
whole or in part by this grant to the SCAO and shall be responsible for the performance
of any subcontractor.
7. Human Subjects
The Grantee must submit all research involving human subjects conducted in programs
sponsored by SCAO, or in programs that receive funding from or through the state of
Michigan, to the Michigan Department of Community Health's (MDCH) Institutional
Review Board (IRB) for approval prior to the initiation of the research.
Michigan Drug Court Grant Program — FY 2010 3
.ft
8. Confidentiality
Both SCAO and the Grantee shall assure that medical services to, and information
contained in medical records of, persons served under this contract, or other such
recorded information required to be held confidential by federal or state law, rule, or
regulation, in connection with the provision of services or other activity under this
agreement shall be privileged communication. It also shall be held confidential, and shall
not be divulged without the written consent of either the patient or a person responsible
for the patient, except as may be otherwise required by applicable law or regulation.
Such information may be disclosed in summary, statistical, or other form, which does not
directly or indirectly identify particular individuals.
9. Health Insurance Portability and Accountability Act and 42 CFR Part 2
To the extent that this act and these regulations are pertinent to the services that the
Grantee provides under this contract, the Grantee assures that it is in compliance with the
Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2
requirements including the following:
A. The Grantee must not share any protected health or other protected data and
information provided by SCAO or any other source that falls within HIPAA
andlor 42 CFR Part 2 requirements, except to a subcontractor as appropriate under
this contract.
B. The Grantee must require that the subcontractor not share any protected health or
other protected data and information from SCAO or any other source that falls
under HIPAA and/or 42 CFR Part 2 requirements in the terms and conditions of
the subcontract.
Michigan Drug Court Grant Program — FY 2010 4
C. The Grantee must use the protected data and information only for the purposes of
this contract.
D. The Grantee must have written policies and procedures addressing the use of
protected data and information that falls under the HIPAA and/or 42 CFR Part 2
requirements. The policies and procedures must meet all applicable federal and
state requirements including HIPAA and 42 CFR Part 2 regulations. These
policies and procedures must include restricting access to the protected data and
information by the Grantee's employees.
E. The Grantee must have a policy and procedure to report to SCAO unauthorized
use or disclosure of protected data and information that falls under the HIPAA
and/or 42 CFR Part 2 requirements of which the Grantee becomes aware.
F. Failure to comply with any of these contractual requirements may result in the
termination of this contract in accordance with section 20.
G. In accordance with HIPAA and/or 42 CFR Part 2 requirements, the Grantee is
liable for any claim, loss, or damage relating to unauthorized use or disclosure of
protected data and information received by the Grantee from SCAO or any other
source.
10. Independent Contractor Status
A. Both parties to this contract will be acting in an independent capacity and not as
an agent, employee, partner, joint venturer, or associate of one another. The
employees or agents of one party shall not be deemed or construed to be the
agents or employees of the other party for any purpose.
B. The Grantee understands and agrees that all persons furnishing services pursuant
to this contract are, for purposes of workers' compensation liability or other
actions of employee-related liability, not employees of SCAO or the Michigan
Michigan Drug Court Grant Program FY 2010 5
Supreme Court, The Grantee bears the sole responsibility and liability for
furnishing workers' compensation benefits to any of its employees for injuries
arising from or connected with services performed pursuant to this contract.
11. Liability
All liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as direct service delivery, to be carried out by the
Grantee in the performance of this contract shall be the responsibility of the Grantee, and
not the responsibility of the SCAO, provided that nothing herein shall be construed as a
waiver of governmental immunity that has been provided to the Grantee or its employees
by statute or court decision.
All liability to the third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as direct service delivery, carried out by the
SCAO in the performance of this contract shall be the responsibility of the SCAO, and
not the responsibility of the Grantee, provided that nothing herein shall be construed as a
waiver of the governmental immunity that has been provided to the SCAO or its
employees by statute or court decision.
12. Debarment and Suspension
The Grantee may not contract with or make any award of the SCAO drug court grant
funds at any time to any party that has been debarred or suspended or is otherwise
excluded from, or ineligible for, participation in federal assistance programs under
Executive Order 12549, "Debarment and Suspension."
13. Acquisition, Accounting, Recordkeeping, and Inspection
A. The Grantee agrees that all expenditures from this contract, including the
acquisition of personnel services, contractual services, and supplies, shall be in
accordance with: (1) the standard procedures of the Grantee's unit of government,
and (2) the administrative and budget requirements of the MDCGP.
Michigan Drug Court Grant Program — FY 2010 6
The Grantee agrees to maintain accounting records following generally-accepted
accounting principles for the expenditure of funds for the purposes identified in
the approved grant request, final approved budget, and any applicable approved
contract addendum and/or budget amendment.
C. The Grantee agrees that the Michigan Supreme Court, State Court Administrative
Office, the local government audit division of the Michigan Department of
Treasury, the State Auditor General, or any of their duly authorized
representatives, including program evaluators and auditors, shall have access to
and the right to examine, audit, excerpt, copy, or transcribe any pertinent
transaction, books, accounts, data, time cards, or other records related to this
contract. The Grantee shall retain all books and records, including all pertinent
cost reports, accounting and financial records, or other documents related to this
contract, for five years after final payment at the Grantee's cost. Federal and/or
state auditors, and any persons duly authorized by SCAO, shall have full access to
and the right to examine and audit any of the materials during the term of this
contract and for five years after final payment. If an audit is initiated before the
expiration of the five-year period, and extends past that period, all documents
shall be maintained until the audit is complete. SCAO shall provide audit
findings and recommendations to the Grantee. SCAO may adjust future or final
payments if the findings of the audit indicate over- or under-payment to the
Grantee for the period audited, subject to the availability of funds for such
purposes. If an audit discloses an overpayment to the Grantee, the Grantee shall
immediately refund all amounts that may be due SCAO. Failure of the Grantee to
comply with the requirements of this section shall constitute a material breach of
this contract upon which the State Court Administrative Office may cancel,
terminate, or suspend this contract.
Michigan Drug Court Grant Program — FY 2010
D. The Grantee`s accounting system must maintain a separate fund or account that
segregates MDCGP contract receipts and expenditures from other receipts and
expenditures of the Grantee.
14. Accountability for Michigan Drug Court Grant Program Funds
The Grantee agrees that it will not expend funds obtained under this contract for any
purpose other than those authorized in the administrative requirements specified in the
application and revised approved budget for the Michigan Drug Court Grant Program,
and will expend grant funds only during the period covered by this contract unless prior
written approval is received from SCAO.
15. Program Review and Monitoring
The Grantee shall give SCA° and any of its authorized agents access to the drug court at
any reasonable time to evaluate, audit, inspect, observe, and monitor the operation of the
program. The inspection methods that may be used include, but are not limited to onsite
visits; interviews of staff and drug court participants; and review of case records, receipts,
monthly/quarterly statistical reports, and fiscal records.
16. Reports
The Grantee agrees to provide reports as identified in the application assurances and
administrative requirements for the Michigan Drug Court Grant Program to SCAO as
follows:
A. Financial Reports: Financial reports are due quarterly, one month following
each quarter of the fiscal year, with the exception of the 4th quarterly report
which will be due October 10, in order to meet fiscal year-end reporting
requirements. The financial quarterly reports will be due by January 31, April 30,
July 31, and October 10. SCAO will provide copies of the financial report forms
upon request.
Michigan Drug Court Grant Program — FY 2010 8
B. Progress Reports: Progress reports are due semi-annually. The reports will be
due on April 30 and October 20. The progress reports will list the drug court
program's goals and objectives, detail the status of accomplishments for each goal
and objective, discuss any changes in the program's goals and objectives as set
forth in the application for grant funding, and describe program activities during
the reporting period. The final report must provide a summary of progress toward
achieving the goals and objectives of the award, significant results, and any
products developed under the award.
Data Reports: Recipients of the MDCGP operational funding are required to
submit quarterly to SCAO a DCCMIS Data Validation and DCCM1S Data
Exception Report :
1. Data Validation Report: The number of admissions, discharges,
and open cases for the quarter.
2. Data Exception Report: SCAO will provide to each court a list of
cases in which data is either missing or appears to be incorrect.
The court must review each case and correct the entry or advise
SCAO of the reason(s) for the missing data or why the data
submitted appears incorrect.
These reports will be due February 15, May 15, August 15, and November 15.
Should a Grantee awarded funds for planning purposes become operational during
the contract period, the Grantee will be responsible for submitting the appropriate
Data Validation and Data Exception Report for the quarter immediately following
program implementation and for all subsequent quarters as required above for
courts receiving operational funding.
D. Reportin2 Compliance: The Grantee is responsible for the timely submission of
each required report as outlined in sections A, B, and C above. If any report is
Michigan Drug Court Grant Program — FY 2010 9
thirty days past the due date, a delinquency notice will be sent out via e-mail
notifying courts that they have fifteen days to comply with the reporting
requirement. Forty-five days past the due date, a forfeiture notice will be sent out
to courts via the U.S. Postal Service notifying them that their funding award has
been rescinded due to contract noncompliance.
E. Grant Funding Reallocation: SCAO retains the right to reallocate grant funding
if ongoing progress is not being made toward achieving the program's goals and
objectives and/or in the implementation of the drug court grant project as defined
in the approved grant request. Reimbursement for grant costs and/or future
funding may be withheld or denied if any of the required reports in this section
are received forty-five days past their due date.
17. Reimbursement
A. Reimbursement from SCAO is based on the understanding that SCAO funds will
be paid up to the total SCAO allocation as agreed to in the approved budget.
13. The Grantee should sign up through the online vendor registration process to
receive all state of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits. Registration information is available through the
Department of Management and Budget's website at:
http://www.cpexpress.state.mi.us .
18. Budget Modification
Adjustments in expenditures up to $1,000 within line item categories in the approved
budget and transfers up to $1,000 between line item categories in the approved budget
may be made without the prior written approval of SCAO. Requests for adjustments in
expenditures within line items and between line item categories exceeding $1,000 must
be made using a Contract Adjustment Request form which can be obtained from SCAO.
Michigan Drug Court Grant Program — FY 2010 LO
19. Funding Hold or Termination
SCAO may place a funding hold on contracted amounts not yet disbursed, or terminate
this contract if it concludes that the Grantee is not in compliance with the conditions and
provisions of this contract, the application assurances and administrative requirements, or
the budget requirements of the MDCGP. SCAO may extend an opportunity for the
Grantee to demonstrate compliance. Notification of a funding hold or termination will be
in writing.
20. Contract Termination
SCAO may cancel this contract without further liability or penalty to SCAO for any of
the following reasons:
A. This contract may be terminated by either party by giving thirty days written
notice to the other party stating the reasons for termination and the effective date.
B. This contract may be terminated on thirty days prior written notice upon the
failure of either party to carry out the terms and conditions of this contract,
provided the alleged defaulting party is given notice of the alleged breach and
fails to cure the default within the thirty day period.
C. This contract may be terminated immediately if the Grantee or an official of the
Grantee is convicted of any activity referenced in section 12 of this contract
during the term of this contract or any extension thereof
D. This contract may be terminated immediately without further financial liability to
SCAO if funding for this contract becomes unavailable to SCAO.
Michigan Drug Court Grant Program — FY 2010 1 I
21. Conflict of Interest
The Grantee and SCAO are subject to the provisions of 1968 PA 317, as amerided, MCL
15.321 et seq., MSA 4.1700(51) et seq., and 1973 PA 196, as amended, MCL 15.341 et
seq., MSA 4.1700 (71) et seq.
22. State of Michigan Contract
This is a state of Michigan contract and is governed by the laws of Michigan. Any
litigation arising as a result of this contract shall be resolved in courts of the state of
Michigan.
Date
Authorir By:
State Court Administrative Office
Acceptance by Grantee:
Authorizing Official (Signatur and Title)
)tLL )1kLL cRt . Official,(plea5elini name and title)
Chief Judge (please print name)
Michigan Drug Court Grant Program — FY 2010 12
Date
Michigan Supreme Court
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone (517) 373-0128
Dawn A. Monk
Deputy State Court Administrator
September 9, 2009
Honorable William E. Bolle
Chief Judge
52nd District Court
520 W. Big Beaver Road
Troy, MI 48084
RE: FY 2010 Michigan Drug Court Grant Program Award
52-2 District Court - DWI Drug Treatment Court
Deaf Chief Judge Bolle:
We are pleased to inform you that your court is being awarded a grant in the amount of $14,000 from
ie Michigan Drag Court Grant Program (MDCGP) administered by the State Court Administrative Office
(SCAO). The award is for the grant period October 1, 2009, through September 30, 2010. This award is
contingent upon SCAO funding being approved for the 2010 fiscal year. These funds may oniy he used for
services to clients who are active participants as of September 30, 2009, and not for participants who are
admitted after October 1, 2009.
Your MDCGP contract will be sent to the project contact person identified on your grant application.
The original signed contract, along with a revised budget based on your new FY 2010 award, should be returned
to SCAO by November 14, 2009.
Should you have any questions, please contact Gary Secor at 517-373-4854, or by e-mail at
secorg@courtsmai.gov .
Sincerely,
A--
Dawn A. Monk
cc: Mr. Gary Sec,or
Ms. Deborah Green, Region I Administrator
Ms. Sharon Rupe, Court Administrator, Drug Court Project Director
Ms. Carol Pummill, Drug Court Project Contact
910/600'd 996# 170:t 600Z/-6/01 7099 9 SPZ Dina) 13161210
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND THE
OAKLAND COUNTY.PROSECUTOR'S OFFICE
This Agreement is made this /C6 day of Mc 200 7 . between the 52-2
District Court Sobriety Court (hereinafter "Sobriety court") and the Oakland County
Prosecutor's Office (hereinafter "Prosecuting Attorney").
WHEREAS, The 52-2 District Court fins decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function properly and
successfully, and in accord with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation, implementation and
function of the Sobriety Court team;
NOW, TIIEREFORE, in consideration of the mutual promises contained, herein,
the parties agree as follows:
L That Prosecuting Attorney shall provide a member of its staff on those dates when
Sobriety Court is scheduled to take place;
2. That a member of the Prosecuting Attorney's staff, on the aforementioned days, shall
participate in Sobriety Court staffing sessions and review hearings;
3. That Prosecuting Attorney shall provide a member of its staff at no expense to the
52/2 District Court or the 52/2 District Court Sobriety Court.
4. That in an effort to maintain client confidentiality per 42CFR part II of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
participants, the Prosecuting Attorney shall not disclose information relating to the
identity, diagnosis, prognosis, OT treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained.
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date first referenced above, and, further, agree to
be bound by its terms. •
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C----).9-isci.1 P N . 5.e...&-mie,../ / Name: coiEr.., 'i'i - 2.1er z€4'z€4'ia toy/ Attorney S'ioiv 1 Sobriety Court representative i
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MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND
PUBLIC DEFENDER
This Agreement is made this Oa_ day ofielpril 2002., between the 52-2
District Court Sobriety Court (hereinafter "Sobriety Court") and Man Nonef-
(hereinafter "Public Defender").
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function properly and
successfully, and in accord with the Due Process provisions of the US. Constitution and
the Constitution of the State of Michigan, it is necessary to employ Public Defender to
serve as legal counsel to participants admitted into the Sobriety Court;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1, That Public Defender shall make himself/herself available, or shall coordinate
schedules with other public defenders serving the Sobriety Court, on those dates when
Sobriety Court is scheduled to take place.;
2. That Public Defender, on the aforementioned days, shall counsel Sobriety Court
participants and/or participate in Sobriety Court staffing sessions;
3. That Sobriety Court shall compensate Public Defender for the work performed by
Public Defender in furtherance of the aforementioned duties. To that end, if Public
Defender is scheduled for a V2 day of Sobriety Court service, then Public Defender
shall be compensated for 'A day of 'work, in line with the 52-2 District Court's
payment system for cowl appointed counsel. Likewise, if Public Defender is
scheduled for a full day of Sobriety Court service, then Public Defender shall be
compensated for a full day of service, in line with the 52-2 District Court's payment
system for court appointed counsel.
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date first referenced above, and, further, agree to
be botAd by i
4w141/7,e.
Name:
/ Public Defender Sobriety Court representative
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Palk Defender
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Name:
Sobriety Court representative
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND
PUBLIC DEFENDER
This Agreement is made this )/.9—day of 4 n , 2.0C(;_, beveen. the 52-2, ,-
District Court Sobriety Court (hereinafter "Sobriety Court") and AfrieW
(hereinafter "Public Defender").
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug andior alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function properly and
successfally, and in accord with the Due Process provisions of the U.S. Constitution and
the Constitution of the State of Michigan, it is necessary to employ Public Defender to•
serve as legal counsel to participants admitted into the Sobriety Court;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties ogee as follows:
1. That Public 'Defender shall make himself/herself available, or shall coordinate
schedules with other public defenders serving the Sobriety Court, on those dates when
Sobriety Court is scheduled to take place;
2. That Public Defender, on the -aforementioned days, shall counsel Sobriety Court
participants and/or participate in Sobriety Court staffing sessions;
3. That Sobriety Court shall compensate Public Defender for the work performed by
Public Defender in furtherance of the aforementioned duties. To that end, if Public
Defender is scheduled for a 14 day of Sobriety Court service, then Public Defender
shall be compensated for 1/2 day of work, in line with the 52-2 District Court's
payment system for court appointed counsel. Likewise, if Public Defender is
scheduled for a full day of Sobriety Court service, then Public Defender shall be
compensated for a full day of service, in line with the 52-2 District Court's payment
system for court appointed counsel_
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date first referenced above, and, further, agree to
be bound by its terms.
'dm° Emisia z-zg:10,1J Z099 9Z9 817Z 910/900d 99311 VO:Z1 600Z/WOI
- eare,rt OP) a - - Name:C • .run
Sobriety Court representative
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND
PUBLIC DEFENDER
This Agreement is made this a°1 day of , 2001 , between the 52-2
District Court Sobriety Court (hereinafter . "Sobriety Court") and 3-05.6 n ne.-H-
(hereinafter "Public Defender ").
WHEREAS, The 52-.2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function -properly and
successfully, and in accord with the Due Process provisions of the U.S. Constitution and
the Constitution of the State of Michigan, it is necessary to employ Public Defender to
serve as legal counsel to participants admitted into the Sobriety Court;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1, That Public Defender shall make himself/herself available, or shall coordinate
schedules with other public defenders serving the Sobriety Court, on those dates when
Sobriety Court is scheduled to take place; •
2. That Public Defender, on the aforementioned days, shall counsel Sobriety Court
participants andior participate in Sobriety Court staffing sessions;
• 3. That Sobriety Court shall compensate Public Defender for the work performed by
Public Defender in furtherance of the aforementioned duties. To that end, if Public
Defender is scheduled for a 'A day of Sobriety Court service, then Public Defender
shall be compensated for V2 day of work, in line with the 52-2 District Court's
payment system for court appointed counsel. Likewise, if Public Defender is
scheduled for a full day of Sobriety Court service, then Public Defender shall be
compensated for a full day of service, in line with the 52-2 District Court 's payment
system for court appointed counsel.
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date first referenced above, and, further, agree to
be bound by its terms.
.
ame: cs:—.6e.k c
_
Public Defender
Qi 11/Ciiir cic17.# t711:71 1:4111717Z/1)i 7,099 g9 803 1111100 10IeilSIO Z.-ZS:to-1J
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND
TREATMENT PROVIDER
This Agreement is made this day of civri) , 2009 between the 52-2
District Court Sobriety Court (hereinafter "Sobriety Court") and Devon M acFcLA cir
(hereinafter "Treatment Provider").
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function properly and
successfully, it is necessary to use Treatment Provider to provide alcohol/drug education
and treatment to participants admitted into the Sobriety Court;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. That Treatment Provider shall provide alcohol/drug education and treatment to
participants admitted into the Sobriety Court;
2. That Treatment Provider shall participate in Sobriety Court staffing sessions;
3. That neither the 52-2 District Court, nor the 52-2 District Court Sobriety Court, shall
be responsible for the cost of services provided by Treatment Provider. Instead, the
parties understand and agree that Sobriety Court participants shall be responsible for
paying for the Treatment Provider's services. In the case of each individual Sobriety
Court participant, it is anticipated that payment of Treatment Provider's services shall
be made by 1) the individual Sobriety Court participant, 2). through any insurance
policy of the Sobriety Court participant which covers Treatment Provider's services,
or 3) by any entity which has agreed to provide funding or government assistance to •
. the Sobriety Court participant,
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date first referenced above, and, further, agree to
be bound by its temis.
\IC) W \ r4-1t-f—p,
Name: .b-e. v Name: CaroI AL
Treatment Provider . _ Sobriety Court representative
ZON gg etz iviisic (7,--,69:1110JJ (et /inn 0Q7J f7n:71 R11171721111
Name:Can,' Porn/7111
Sobriety Court representative
ilf/91-i-POPM
Name; 0-0,apli 5h4tris
Treatment Provider
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND
TREATMENT PROVIDER
This Agreement is made thi42.514 day of 4PrIf 2003 between the 52-2
District Court Sobriety Court (hereinafter "Sobriety Court") and
(hereinafter "Treatment Provider"). Ot.ti-e( —the- cee.lasaifig-
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve .to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function properly arid
successfully, it is necessary to use Treatment Provider to provide alcohol/drug education
and treatment to participants admitted into the Sobriety Court;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. That Treatment Provider shall provide alcohol/drug education and treatment to
participants admitted into the Sobriety Court;
2. That Treatment Provider shall participate in Sobriety Court staffing sessions;
3. That neither the 52-2 District Court, nor the 52-2-District Court Sobriety Court, shall
be responsible for the cost of services provided by Treatment Provider. Instead, the
parties understand and agree that Sobriety Court participants shall be responsible for
paying for the Treatment Provider's services. In the case of each individual Sobriety
Court participant, it is anticipated that payment of Treatment Provider's services shall
be made by 1) the individual Sobriety Court participant, 2) through any insurance
policy of the Sobriety Court participant which covers Treatment Provider's services,
or 3) by any entity which has agreed to provide funding or-government assistance to
. the Sobriety Court participant. -
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date first referenced above, and, further, agree to
be bound by its terms.
910/800d 99,t/ 90:Zt 601)ZgZ/01 7j099 91;9 817Z Mi100
Prosecuting Attorney
Rev 5/2006
Name: (Aro) pumm ill
Sobrictyr6urt representative
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND TIIE
HOLLY TOWNSHIP PROSECUTOR'S OFFICE
This Agreement is made this I Srd, ay of 1/44 , 2001 between the 52-2
District Court Sobriety Court (hereinafter "Sobriety CAA") and the Holly Township
Prosecutor's Office (hereinafter "Prosecuting Attorney").
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate; and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function properly and
successfully, and in accord with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation, implementation and
function. of the Sobriety Court team;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. That the local jurisdiction Prosecuting Attorney shall support the goals and objectives
of the 52-2 Sobriety Court Program .; •
2. That the local jurisdiction Prosecuting Attorney will defer to the presiding State Law
prosecutor to represent the prosecution point of view in all court staffing sessions and
review hearings;
3. Thereby excluding the local jurisdiction Prosecuting. Attorney from having to provide
a member of its staff at no expense to the 52-2 District Court or the 52-2 District
Court Sobriety Court,
4. That in an effort to maintain client confidentiality per 42CFR part II of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
participants, the Prosecuting Attorney shall not disclose information relating to the
identity, diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained,
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of, Agreement on the date first referenced above, and, further, agree to
be boupd by its terms.
ti..4.1-
Name: c),
ZO9S 0 917Z 18100 10IaSIO Z-ZS:w0Jj oinipm .(1 ggz# 90:7,1 3003/ZZ/Ot
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND THE,
WHITE LAKE TOWNSHIP PROSECUTOR'S OFFICE
This Agreement is made this ) day of Hay , 2009., between the 52-2
District Court Sobriety Court (hereinafter "Sobriety Court") and the White Lake
Township Prosecutor (hereinafter 'Prosecuting Attorney"),
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and • •
WHEREAS, in order to have the Sobriety Court function properly and
successfully, and in accord with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation, implementation and
function. of the Sobriety Court team;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. That the local jurisdiction Prosecuting Attorney shall support the goals and objectives
of the 52-2 Sobriety Court Program;
2. That the local jurisdiction Prosecuting Attorney will defer to the presiding State Law
Prosecutor to represent the prosecution point of view in all court staffing sessions and
review hearings;
3. Thereby excluding the local jurisdiction Prosecuting Attorney from having to provide
a member of its staff at no expense to the 52-2 District. Court or the 52-2 District
Court Sobriety Court.
4. That in an effort to maintain client confidentiality per 42CFR part II of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
paiificip ants, the Prosecuting Attorney shall not disclose information, relating to the
identity, diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained.
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of,Agreement on the date first referenced above, and, further, agree to
be bound by its terms.
duo
• Name:
Prosecuting Attorney
Rev 5/200G
Name: Caro oCZ
Sobriety Court representative
910/010'd 993# 90:31 6003/-63/0[ Ogiq 9.69 SPZ 3100 101dISIO ?,--69:w0)A
HA
Prosecuting Attorney
Name: /dm
Izliisze97/3„, den
Name: Cat-4/L'Ag;707///
Sobriety Court representative
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND THE
SPRINGFIELD TOWNSHIP PROSECTJTOR'S OFFICE
This Agreement is made this / Sday of 11/11 , 2001, between the 52-2
District Court Sobriety Court (hereinafter "Sobriety Court") and the Springfield
Township Prosecutor (hereinafter "Prosecuting Attorney"),
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function. properly and
successfully, and in accOrd with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation; implementation and
function of the Sobriety Court team;
NOW, TOEREFORE, in consideration of the mutual promises contained herein,
the parties wee as follows: .
1 That the local jurisdiction Prosecuting Attorney shall support the goals and objectives
of the 52-2 Sobriety Court Program;
2, That the local jurisdiction Prosecuting Attorney will defer to the presiding State Law
Prosecutor to represent the prosecution point of view in all court staffing sessions and
review hearings;
3. Thereby excluding the local jurisdiction Prosecuting Attorney from having to provide
a member of its staff at no expense to the 52-2 District Court or the 52-2 District
Court Sobriety Court.
4. That in an effort to maintain client confidentiality per 42CFR part II of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
participants, the Prosecuting Attorney shall not disclose information relating to the
identity, diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained.
The parties hereto, by signing below, acknowledge that they have read and understood the
above Memorandum of Agreement on the date first referenced above, and, further, agree to
be bound by its terms.
Rev 5/2006
Z099 939 N idnoo laiasta -6--6.g:1110)A g10/1 10'd 997# 90:7,f 600U2/01
Name: 2 .
Prosecuting Attorney
Name: cam/ m ill
Sobriety Court representative
Rev 5/2006
4,
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND THE
'VILLAGE OF CLARKSTON PROSECUTOR
This Agreement is made this 42? day of 2001, between the 52-2
District Court Sobriety Court .(hereinafter "SobrietyCourt") and the Village of Clark_ston
Prosecutor (hereinafter "Prosecuting Attorney").
WIIEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function properly and
successfully, and in accord with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation, implementation and
function of the Sobriety Court team;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. That the local jurisdiction Prosecuting Attorney shall support the goals and objectives
of the 52-2 Sobriety Court Program;
2. That the local jurisdiction Prosecuting Attorney will defer to the presiding State Law
Prosecutor to represent the prosecution point of view in all court staffing sessions and
review hearings;
3. Thereby excluding the local jurisdiction Prosecuting Attorney from having to provide
a member of its staff at no expense to the 52-2 District Court or the 52-2 District
Court Sobriety Court.
4. That in an effort to maintain client confidentiality per 42CFR part II of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
participants, the Prosecuting Attorney shall not disclose information relating to the
identity, diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained.
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreernenton the date first referenced above, and, further, agree to
be bound. by its tenns.
gin/711r d 9971 qo;i 6O0/Z/01. ZE19S 99 8173 Id1100 10161SIG
1.
2.
3,
4.
nn7.1.1 M•71 1.-11-17/77/111.
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND THE
ROSE TOWNSHIP PROSECUTOR'S OFFICE
4 This Agreement is made this 1 1,1_ day of giti , 2001 between the 52-2
District Court Sobriety Court (hereinafter "Sobrie Court") and the Rose Township
Prosecotor (hereinafter "Prosecuting Attorney").
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in. order to have the Sobriety Court function properly and
successfully, and in accord with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation, implementation and
function of the Sobriety Court team; •
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
That the local jurisdiction Prosecuting Attorney shall support the goals and objectives
of the 52-2 Sobriety Court Program;
That the local jurisdiction Prosecuting Attorney will defer to the presiding State Law
Prosecutor to represent the prosecution point of view in all court staffing sessions and
review hearings;
Thereby excluding the local jurisdiction Prosecuting Attorney from having to provide
a member of its staff at no expense to the 52-2 District Court or the 52-2 District
Court Sobriety Court.
That in on effort to maintain client confidentiality per 42CFR part II of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
participants,. the Prosecuting Attorney shall not disclose information relating to the
identity, diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained.
The parties hereto, by signing below, acknowledge that they have read and understand the
aboye Memorandum ofiAgreeraent on. the date first referenced above, and, further, agree to
be ffund by its terms.
1). 1 I Prosecuting Attorney
Rev 5/2006
Name: (.air)/ (thrinoi: tit
Sobriety Court representative
7,09q 969 8176 id103 aaisia
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND THE
INDEPENDENCE TOWNSHTP PROSECUTOR'S OFFICE
This Agreement is made this al day of April 200, between the 52-2
District Court Sobriety Court (hereinafter "Sobriety Court") and the Independence
Township Prosecutor (hereinafter "Prosecuting Attorney").
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
Which sboll serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety Court function properly and
successfully, and in accord with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation., implementation and
function of the Sobriety Court team;
NOW, TIEFtEFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. That the local jurisdiction Prosecuting Attorney shall support the goals and objectives
of the 52-2 Sobriety Court Program;
2. That the local jurisdiction. Prosecuting Attorney will defer to the presiding State Law
Prosecutor to represent the prosecution point of view in all court staffing sessions and
review hearings;
3. Thereby excluding the local jurisdiction Prosecuting Attorney from having to provide
a member of its staff at no expense to the 52-2 District Court or the 52-2 District
Court Sobriety Court . .
4. That in an effort to maintain client confidentiality per 42CFR part 11 of the Federal
Confidentiality Guidelines and promote trust and . fairness among sobriety court
participants, the Prosecuting Attorney shall not disclose information relating to the
identity, diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained.
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date first referenced above, and, further, agree to
be bound by its terns.
antiniff
Name: Name:
Prosecuting Attorney Sobriety Court representative
Rev 5/2006
al fl/ti ri• qcv,i1 9021 6003/WOI -0)99 9Z9 217Z idnoo 10IdISKI
MEMORANDUM OF AGREEMENT .
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND THE
•"BRANDON TOWNSHIP PROSECUTOR'S OFFICE
This Agreement is made this .2/ day of iqpri , 2001 between the 52-2
District Court Sobriety Court (hereinafter "Sobriety Court") and the Brandon Township
Prosecutor (hereinafter "Prosecuting Attorney").
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHERtAS, in order to have the Sobriety Court function properly and
successfully, and in accord with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation, implementation and
function of the Sobriety Court team;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. That the local jurisdiction Prosecuting Attorney shall support the goals and objectives
of the 52-2 Sobriety Court Program;
2, That the local jurisdiction Prosecuting Attorney Will defer to the presiding State Law
Prosecutor to represent the prosecution point of view in all court staffing sessions and
review bearings;
3. Thereby excluding the local jurisdiction Prosecuting Attorney from having to provide
a member of its staff at no expense to the 52-2 District Court or the 52-2 District
Court Sobriety Court
4, That in an effort to maintain client confidentiality per 42CFR part II of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
participants, the Prosecuting Attorney shaif not disclose information relating to the
identity, diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained.
The parties hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date first referenced above, and, further; agree to
be bound by its terms.
/r7
Narne:
Prosecuting Attorney
Rev 5/2006
aua ,t-d20-
Name:
Sobriety Court representative
arn/curd c4Q74 qn:71 8003/00I ZON gg 8173 18000 1PJIIO --ZG:u10-1
The parties h I, ,by signiyOelow, acknowledge that they have read and understand the
above Mein 'f: o
be botmcl-i terms
bement on the date first referenced above, and, further; agree to
Name
Prosecuting Atitomey .
Rev 5/2006
Name:
Sobriety Court representative
0,99 SZ9 8173 13IdiSIG
—
MEMORANDUM OF AGREEMENT
BETWEEN 52-2 DISTRICT COURT SOBRIETY COURT AND THE
GROVELAND TOWNSHIP PROSECUTOR'S OFFICE
Tili3 Agreement is made this L day of Meru./ , 2001, between the 52-2
District Court Sobriety Court (hereinafter "Sobriety Court") and the Groveland Township
Prosecutor (hereinafter "Prosecuting Attorney").
WHEREAS, The 52-2 District Court has decided to establish a Sobriety Court,
which shall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
WHEREAS, in order to have the Sobriety. Court function properly arid
successfully, and in accord with the criminal justice process in the State of Michigan, it is
necessary to have Prosecuting Attorney involved in the formation, implementation and
function of the Sobriety Court team;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. That the local jurisdiction Prosecuting Attorney shall support the goals and objectives
of the 52-2 Sobriety Court Program;
2. That the local jurisdiction Prosecuting Attorney will defer to the presiding State Law
Prosecutor to represent the prosecution point of view in all court staffing sessions and
review hearings; •
3. Thereby excluding the local jurisdiction Prosecuting Attorney from having to provide
a member of its staff at no expense to the 52-2 District Court or the 52-2 District
Court Sobriety Court_
4. That in an effort to maintain client confidentiality per 42CFR part II of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
participants, the Prosecuting Attorney shall not disclose information relating to the
identity, diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team member, once consent has been obtained,
910/910d 99Z# 90:61 BOONZ/01
FISCAL NOTE (MISC. 109270) November 12, 2009
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: 52-2 DISTRICT COURT — FY 2010 MICHIGAN DRUG COURT PROGRAM — MICHIGAN STATE
COURT ADMINISTRATIVE OFFICE (SCAO) 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 52nd District Court, Division II (Clarkston) has received a grant from the State Court
Administrative Office (SCAO), Michigan Drug Court Program, for the period of October 1,
2009 through September 30, 2010.
2. The SCAO grant award is $14,000. The award combined with the General Fund
Assessment Fee revenue of $33,415 equals the total program funding of $47,415.
3. Total resources of $47,415 are allocated as follows: Personnel of $43,465, Travel and
Conference of $1,000, and Laboratory Supplies of $2,950.
4. The grant contract includes partial funding for one SR full-time eligible Probation Officer II
position (#3020305-10317) for $12,050. This is for the period of October 1, 2009 through
November 4, 2010.
5. The grant contract includes partial funding for one (1) GF/GP FTE Senior Probation
Officer II position (3020305-07230) for $31,415. This is for the period of November 4,
2009 through September 30, 2010.
6. Currently, Assessment and Drug Treatment Court fees fund Clarkston's Drug Court
program for one SR FTE Probation Officer 11 position.
7. Included in the acceptance of the SCAO grant award is the proposal to delete one SR
FTE Probation Officer II position of ($70,811), and re-appropriate these funds to create
two (2) GF/GP PTNE Probation Officer! positions, totaling $39,074.
8. The above proposal generates $31,737 in GF/GP savings, which the court is requesting
to place in their Budget Transition account.
9. A budget amendment is recommended to the Fiscal Year 2010 Budget to reflect the
acceptance of FY 2010 SCAO grant award, delete one (1) SR FTE Probation Officer II
position, create two (2) GF/GP Probation Officer I positions, and appropriate the savings
from these actions into the Court's Budget Transition account as detailed on Schedule A.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
Resolution #09270 November 12, 2009
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Capella, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack, Bullard, Burns. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
INN*
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 November
12, 2009, 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 12th day of November, 2009.
ge a e
Ruth Johnson, County Clerk