HomeMy WebLinkAboutResolutions - 2009.11.12 - 9900•
November 12, 2009
MISCELLANEOUS RESOLUTION 109272
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: 52-3 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 52 m District Court, Division III (Rochester Hills) applied
for a grant with the State Court Administrative Office (SCAOL Michigan Drag
Court Grant Program effective October i, 2009 through September 30, 2010; and
WHEREAS the application requested total program funding in the amount
of $137,258 of which $13,18e. was awarded, consisting of $17,000 in grant
funding from SCAO, plus $96,188 in-kind support from the general fund, and
WHEREAS this is the 1 2: year of grant funding.
WHEREAS the court intends to continue the Drug Court 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 grant agreement has been processed through the County
Executive Contract Review Process,
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 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 43 of that year's grant
application shall act 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 that continuation cf this grant program is
contingent upon continuation of State funding.
BE IT FURTHER RESOLVED that acceptance 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:
Moti.on carried unanimously on a roll call vote with Potter and McGillivray
absent
GRANT REVIEW SIGN OFF — 52/3 District Court
GRANT NAME: FY 2010 Sobriety Court Treatment Grant (SCAO)
FUNT1LNG AGENCY: State Court Administrative Office of Michigan
DEPARTMENT CONTACT PERSON: Renee S. Gillcrt
STATUS: Grant Acceptance
DATE: November 2,2009
Pursuant to Misc. Resolution 401320, 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 rrnail nonbijling 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 (10/27/2009)
Department of Human Resources:
Approved. - Cathy Shallal (10/27/2009)
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)
COMPLIANCE
The Errant 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)
httmliwww.leOslature.tni.2ovkcOuacinOlahisainc-niwboev)imilL-2.,anaillcitatliggrnhiertnarni—)I
04-SB-09C'8
Drag Treatment Courts: The Ten Key Components
/./www.oio.usdoovJNrDruCourDefiningDC.p
Health Insurance Portability and Accountability Act of 1546 (HIPAA, Title II)
htto://www.crns.hhs.2oviHIPAAGen1nfonDownloads/HIPAA1awdetail.pdf
Department of Health and Human Services Confidentiality of Alcohol and Drug Abuse Patient
Records (42 CFR Part 2)
1ittp://www.acceSS.M0,irovinarakfriwaisidx 02/42cfr2_Q2.htm1
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2010
GRANT CONTRACT
52-3 District Court - DWI
Grantee
38-6004876
Federal ID Number
SCAO-2010-045
SCAO Contract Number
$17,000
Grant Amount
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,
2009 PA , effective , provides funding for the Michigan Drug Court
Grant Program (MDCGP) for FY 2010. This program is administered by the State Court
Administrative Office (SCAO). 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 comply
with 2004 PA 224, the policies and procedures set forth in the application assurances and
administrative requirements for the program, and this contract.
1. 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. ln 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 S1,000 are implemented during the
grant period.
B. The Grantee shall operate its drug court project in accordance with the Tel? Key
Components of drug courts as outlined in the application assurances.
Michigan Drug Court Gram 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 frora 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
Re-view Board TAB) for approval prior to the initiation of the research.
Michigan Drug Court Gram PEI:1gram ri 2010
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 1 -11PAA
and/or 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 HEPAA andjor 42 CFR Part 2 requirements in the terms and conditions of
the subcontract.
:vlichipan Dnig. Court Grant Prcgram — 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 CPR 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 PR)gratn - FY 2010
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, Recurdkeeping, and Inspection
A. The Grantee agrees that all expenditures from this contract, including the
acquisition of personnel services, contractual services, and supplies, shall he 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 • 5
B. 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 reqnest, 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 Cowl 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 SCA°,
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 ease 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.
C. Data Reports: Recipients of the MDCGP operational funding are required to
submit quarterly to SCAO a DCCM1S 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 ease 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. Reporting 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 hi 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 SCA° funds will
be paid up to the total SC.A0 allocation as agreed to in the approved budget.
B. 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
expendittzres within line items and between line item categories exceeding $1..000 must
be made using a Contract Adjustment Request form which eon be obtained from SCA°.
Michigan Drug Court Grant Pro-gram — y 20[0 )1)
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 IvIDCGP. 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.
MiclUzan Drug Court Grant Program — FY 2010 11
21. Conflict of Interest
The Grantee and SCAO are subject to the provisions of 1968 PA 317, as amended, MCL
15.321 et seq.. MSA 4,1700(51) et seq., and 1973 PA 196, as amended, !via 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.
Authorized By
State Court Administrative Office Date
Acceptance by Grantee:
Authorizing Official (Signature and Title) Date
Authorizing Official (please print name and title)
Chief Judge (Signature) Date
Chief Judge (please print name)
Michigan Dnig Cowl Circuit Frograni — FY 2010 12
SEP-16-200B 09:2B AM P , U2/02
Michigan Supreme Court
Stair cow Adralninriniva Office
Michigan Bail of Justice
P.G. Box 3048
Lamb& Michigan 48909
Phone (517)373-0128
Dawn A, Moak
Deputy Sun Court Adotiabanitur
September 9. 2009
Honorable 'William E. DolIc
Chief Judge
52nd Dia/id Court
520 W. EiBeaver Road
Troy, MI 48084
RE: FY 2010 Michigan Drug Court Grant Program Award
52-3 Disbict Coort - DWI Drng Trnannont Cowl
Dear Chief Judge Boll's-
We are pleased to inform you that your court is being awarded a grain in the amount of S17,000 from
the Michigan Drug Court Grant Program, (TA)C011 administered by the Stzte Court Athninistrative Office
(SCA0),., The award b for the grant period October 1,2009,, through September 30, 2010. This awanl is
contingent upon SCAO funding being approved for the 2010 fisol year. TUN fend. may Indy be need for
amities to thews who Are mom pargidpaeti as of September 30,1199, sod Est for pastietents who are
admitted after October 1, 2841.
Your ItelDCGP contract -will be at to the project contact person identified on your grant application
The Original signed controgt, slang with a revised budget beso4 cat your new FT 2010 award, should be retuned
10 SCAO by Novenolier 14, 2009.
Should you have any quesdena, please contact Gary Secor rft 517-373-4854, or by e-moil et
scr.___Ingtagzurts_rnigov.
Sinearely,
Dawn A, Monk
Mc. Gary Sepor
Ms. Deborah Greco, Region I Administrator
M. Renee Wert, Court Administrator, Drug Court Project DirePtoriContact
CC:
1020050 P. 02 MAY-04-20C0 MON 04:b6 PM
,Ji
t,! r
;XI Attachment A
Memorandums of Understanding
-a
P. C3 FAX NO. 10200130 FIFIY-04-2U09 NON:04:56 NI
MEMORANDUM OF AGREEMENT
BETWEEN 5273 DISTRICT COURT SOBRIETY COURT AND TILE
L.QLVariWITORNEY FORjal_pf 1_141104ejt,46
Agreement is made this tfl day of tbeatvr, 2001, be the 52-3
Distriefc curt Sobriety Court (hereinafter 'Sobriety Court") and the Local Prosecuting , Attorney for ...(,L *Ljk.finseLggliereinaiter "Prosecutor).
priEREAS, The 52-3 District Court has decided to establish a Sobriety Court,
which s1il serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and
.i.WHEEREAS, in order to have tlie Sobriety Court function properly and
successfully, and in accord with the enminal justiee process in the State of /Ai chigan, it is
necessary to have a PrUsecuting Attorney involved in the functioning of the Sobritgy
Court;
NOW, "EREREFORE, in consideration of the mutual promises contained herein., • the parties agree as follows;
1. Thokthe Prosecuting Attorney 5lial1:provide a member of its staff on those &lea when
a Sobriety Court candidate is scheduled for sentencing;
2. Thatthe aforementioned sentencing daye shall coincide with the regularly =lei -irked
appearances for the particular muniyi tp. silty;
Thatktke local illABLUCEOT) ProsecutiTig Attorney will defer to a /earn decision in all
courASaffing sessions and review hrrings arid that the local Prosecuting Attorney's
,presencte is not necessary for 5taffitig sessions and review hearings.
4. Titait Prosecuting Attorney shall Provide member of its staff for sentencing
rmrpg5es at no expense to the 52-3 District Court or the 52-3 District Court Sobriety
CouLl
5. Thairuenn effort to maintain client 0,31 nfidentiality, per 42CFR Part 11 of the Federal
Confidentiality Guidelines and promote trust and fairness among sobriety court
partiFpants, the Prosecuting Attorney shall not disclose information relating to the
idesai.,typ diagnosis, progno sis, or treatment of any participant to anyone othor than a
sobriety court team member, after consent has been obtained.
The parties:hereto, by signing below, aeknol wledge that they have read and understand the
above Memorandum of Agreement on the date Etat referenced above, and, further, agree to
be bound by its tern.
Nate: pL_:17'n G-1--jr Name: LAD v64: SKI evoi-41,‘
ProsKaing Attimaey Sobriety Court representative
, r
t
RX O 1020G60 P. 04
: MEMOROMUIVI OF AGREEMENT
RETWEEN 52-3 DISTRICT COURT SOBRIETY COURT AlYTI Tak,
-OAKLAND UNIVERSITY POLICE DEPARTMENT -r
This ! made this; -,-5°aay of, 20C11, between the 52-3
H .Distiiefiatrit Sobriety, Court (heleinafter `'Sobriety
i.d
,Court") the Qalchtnd Uttiversity
' I;01.ice'Depinialeat (hcreinifter 'Toiice!Deparp7rit').. •I I . .
NVIERE AS, The. 52-3 District Court; has decided to establish a Sobriety Court,
with Shell: servie.to treat, Monitor; rehabilitite,:and penalize repe4 drug and/or alcohol
offenclers;'and .. ! ..... ;
ANVER.EAS; in order to have the Sobriety Court function properly a.hd
and....to promote...safety For :the . Sobriety Court Probation Oft.cfl. it ts
.rilece§Rary. Police Department uwoLvcc rn theNitprio.n of Sobriety Colin; ' • :
' • :•::,:il.i.ONyjNEREFORE, Lu c cnskleiation of the tounfal.promises contained herein,
grer: as foilOws. ' •
I that ti•c-Department shall provide a rr.entbr of its staff to escort Sobriety Court
.Probatior Cifrier to: o.OnduCt :raridOrn visits at a S'Obiiety Court participarn't home
:withip'the jurisdiction of Police Department; . •
DepartiEdezt: sha1l:ph:1 .11de a:triember of its staff to a9SiSt with random • I hetTIC 71SitS'au no expense to the DiStrla Court. ; • • , .
4 Thitl .2...3 DiOtrjot Court :is _nor..requeting Police Departrtot to obtain additioml
ei L.: to, assist with:random Up.iiic_visits:: •
Court Pi-Obatiat. Officer will couc( Police Deparrrneut to arrting a
time or the random hbme . visits oh a case by case : : : .1
. • :••
: " : •
The parties hereto, by signing below; acknowledge that they havr. read alid anderztancl the
ralice'Manorancium of Agreement on the date first reforeneeci above, and- further, agree To
— . . bundhy i.ticrms
ij
v - r
!1(-1 Pimor.Bet
Sobriety CDT= R.epregeritatiVe
1AY-04-2008 MOI,V4:56 FM
1415
Fa NO 10200e0 P. 05
Natnc: Ar yl CJui
Prosecuting Attorney
Name; 1-Zritoridor-1-11 Sobriety Court mpresentilive
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT ICOUILT SOBRIETY COURT A1/111 TFIF,
LOCAL PROSECUTING ATTORNEY FOR 0 .;1A-11 It (Zs ci./1.4eiV.c....4-li
This Ageoment is made this 21,ellay of NOvelvtberi-200_2, between the 52-3 .
Distkict:Court Sobriety Court (hereinafter "Sobriety Court") and the Local Prosecuting
AttorneY for (all* avatey ittit (liereinatber "Prosecutor"). ii!iL . .., . .
WITEREAS, The 52-3 District Court has decided to esta.blish a Sobriety Court,
which s :li'all serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offender: and I
1TEREAS, in order to have the Sobriety Court function properly and
suceessftilly, and in accord with the etiminsd justice process in the State of Michigairi, it is ',100NA necessary to have a Prosecuting Attorney involved in the functioning of the Sobriety .
Couttlad. ..4
t1WW, THEREFORE. in consideration (Atha muhtal promises contained herein,
the pariiis agree as follows: * 1
.
. .
1. Tha:Cthe Prosecuting Attorney shall pmvide autember of its staff on those dates when wr 'q a Sobriety Court candidate is scheduled for sentencing; ..,...:. 1 Thatthe aforementioned sentencing! days shall coincide with the regularly cal endued
apperances for the particular municipality;
3. That the Prosecuting Attorney shall provide a meraberOf it staff at no expense to the
52,3. :District Court or the 52-3 District Court Sobriety Court. ,.*.r!... 4, Thatin en effort to maintain client Iconfidentiaiity and promote trust and fan' ness .4,.., arnoig S 0 bri ety court participants. the Prosecuting Attorney shall not disclose
intonation relating to the irlentityl diagnosis, prognosis, or treatment of any
parqcipant to anyone other than a sobriety court learn member, after consent has been
obtain: ed. 1
5. Thai!lie Prosecuting Attorney shall follow the provisions set forth in number 4 above,
as tatp -he rediscosure of particpautidentity di gaus, prognosis Eg. ircata931. c,
6. ThaLtitle Prosecutiug Attorney will i.ot use information obtained mffili e sobnetv co ortc,-
to pla§ecute the participant, with the exception of child neglect omabuse arlifrioaes ..--
r;1
euramitted at the treatment center or against treatment personnel. 41 N.: ..IN I L-.3 CD The parties hereto, by signing below, acknowledge that they have read iiiicl unders‘and the =--j
above Memorandum of Agreement on the dale fut referenced above, 01_ , furths, agree. to ...,. .... -,, tic boundtby its terrr...s‘ . . --i 7C r.4 0
r C.6 , .
Name: Ljr `pl."Z
Sobriety Court repre-sontative
r
;
Nome— ' „ ' Z44113/IRD) orosecuting Attorney
-:0111L41,J0 t.),:d)ctsay
.i" 4
FAX 1111 1o20.80 P. 06 11AI-04-20C:3• tiON.0.4:EE Fli
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT COURT SORRIVrir COURT Arlin TAP
LOCAL PROSECUTING ATTORNEY FOR Calla rid PA n
T:Vt
Pis Agreement is made this 13411 day of rAtate.r4eir, 2007, betvieenthe 52-3
DistriCourt Sobriety Court (hereinafter "Sobriety Court") and the Local Prosecuting
Attorney for _CW.mt__&_i_Ltipereintir.s. after "Prosecutor"). A64
irBEREAS, The 52-3 District Court has d=ided to establish a Sobriety Court,
whichisb'all serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenders; and.
irliEREAS, in order to have the Sobriety Court function properly and
successfleilly, and in accord with the criminal justice process in the State of Michigan, it is .44 necessary to have a Prosecuting Attorney involved in the functioning of the Sobriety
Courtk
1. Tliitit.he Prosecuting Attorney shall provide a member of its staff on those does when
a 4briety Court candidate is scheduled for sentencing; .
2, Thatithe aforementioned sentencing days shall coincide with the regularly calendarod
,44Fir appmearances for the particular municipality;
3_ Thatr;the Prosecthing Attorney 641 provide El. member of its staff at no expense to the
52,3Distliet Court or the 52-3 District Court Sobriety Court .. . -
4. Thin an effort to maintain olient icongdentiatity andproinote trust and faimess . .
amoog sobriety court participants, the Prosecuting Attorney fillail not discime
inÉrM7 ation relating to the identityl diagnosis, prognosis, or treatment of any
parti:,cipant to anyone other than a sobriety court team member, after consent 11a3 been
obtained, ..,.,
I -...r....- 5. Th4tha Prosecuting Attorney shall follow the provisions set forth in number 4 above,
as tr.; the redisclosure of participant identity, diagnosis, prognosis or treatment. 4.v .
6, That-the Prosecutin Attorney will not use information obtained in the sobriety court -:- to proecute the participant, with the exocption of child noglect or abuse and crimes t , ! committed at the treaonent center or against treatment personnel.
The parliFs hereto, by signing below, acknowledge that they have read and understand the
above, entorandum of Agreement on the date first referenced above, and, further, agree to
be bo17 d,by its terms.
ow_ T1EEREFURE,UI con;gcleration of the mutual prOEXIi5eS GOOtairiell hefpia,
the pale; agree as follows:
_
1
Narneilte4 (.<
Sobriety court representative
MAY-04-2009 HOWA:b7 pm FAX NO. 1020080 P. 07
I MEMORANDUM OF AGREEMENT
SOBRIETY COURT AND THE
-Liacawjaaticamiagazuzzr.oirrry OF Ro EsrEcn R
a Agreement is made thisl). r/tt 'day of...41".1: 2001, between the
DistrictEurt Sobriety Court (hereinafter "Sobriety ciurt") and the Local Prosecuting
Attorneqfsir the City of Rochester (hereinafter "Froseeinor").
EREAS, The 52-3 District COME has dezideci to establish a Sobriety Cant, -
which shall serve tQ treat, monitor, rehAlilitste, and penalize repeat drag and/or atcohol
offeride?`•sTind
REAS,iii arder to have the Sobriety Court function properly and
succes4411k and in accord with the crif;iinal Justice process in the State of Michigsn, it is
necessaryito have a Prosecuting Attorney involved in the functioning of the Sobriety •
Court; 1
NOW, THEREFORE, in ecnisideration of the mutual promises- contain i .herein, 41.4
the partistigree as follows:
qt-3 4 • 1. ThatUe Prosecuting Attorney shall provide a member of its staff on those dates when
.; . a Sobriety Court candidate is sehedtiled for sentencing; .
2. The1,-,5. aforementioned seatencingt days shall coincide with the regularly calendared
appearances for the particular municipality, . to.,! 3. Thavtlie local jurisdiction Prinecutiiig Attoniey will defer to a team decision in all ....I., courlaffing SeS51Q11$ and review hearings and that the local Prosecuting Attorney's .
presvcp is not 11=C45dry fcr staffing sessions and r.eview hearings,
4, Thatidle Prosecuting Attorney shall !provide a member of its staff for sentenein
tilmi. purposes at no expense to the 52-3 District Court or the 52-3 District Court Sobriety
CouFtli
The par hereto, by signin g below, acirewledge that they have read and understapd the
above Mejnoraudum of Agreement on. dr date first referenced above, -and, further, arae to
be bow:tali:14i/ its terms. ; !
. _ .
5. lian* effort to maintain client confidentiality, per 42CFR Part 11 of the Federal
CortEdentiality Guidelines and promote trust and fairness among sobriety emir
partoants, the Prosecutiog Attorney shall not disclose information relating to the
identit9 diagnosis, prognosis, or treatment of any participant to anyone other than a
sobriety court team uaember, after consent has been obtained.
Nth* 4.4N.j- r-,z‘ K4-71- Prosectttig, AUCIITte"K
P. 08 FM NO, 1020680 fig-04-20H t100..4 57 PM
:-/er
Nanw:911 ,' f•C Name" A _ Sobriety Court rep Pros=Ulirig Vf6rrney7
rr,
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICTICOURT SOBRTETY COURT AN!) THE
LOOAL PROSECUTING ATTORNEY FOR Vi eliaPp Df 01.47.61C0(
1, Agremient made this day of N.100.4;er; 200 between the 52-3
Distr4Court Sobriety Court (ter& r "Sobriety Court") and the Local Prosecuting
Attorney& fur VI I, (hereinafter- "Prosecutae l ,
REAS, The 52-3 District Court has decided to establish a Sobriety Court,'
whicliTshall serve to treax, monitor, rehabilimte i and penalize meat drug and/or alcohol
Dffender5; and
51yr EIEREAS, in order to have he Sobriety Court fin-lotion properl y and -
successfully and in accord with the criminal justice process in the State of Michi p.141 is ,0015 necessary to have a Prosecuting Attorney involved in the functioning of the Sobriety
CouriN
OW, THEREFORE, in consideration of the matutd promises contained herein,
the parti s agree as follows:
I
1. That,,i,71ihe Prosecuting Attorney shall provide a member of its staff on those daes when
a S,olviety Court candidate is scheduled for sentencing;
2. Thatie aforementioned sentencing days shall coincide with the regularly calendared _
apple:anon for the particular municipality;
3. That,the Prosecuting Attorney shall provide a member of its staff at no expense to the
l 52.; iDistrict Court or the 52-3 District Court Sobriety Court.
4. 111
n
, ' an effort to maintain client iponfidentiality and promote trust and fairnoss
among sobtiety court participants, the Prosecuting Attorne y shall not disclose •
information relating to the identity, dia.gnosis, pro gnosis, or treatment of any
Pall3c4iPant to anyone other than a sobriety court team member, alter uonsent has been
obtanicd,
- The parA9 hereto, by eIgning below, aektowledge that they have read and i.rodersunid the
above Memorandum of Agreement on the date first referenced ahoy; and, further, agree to ir . be bound,ty its terms.
'-f-04- muL4
f F,7)
5. Thatirtite Prosecutin g Attorney shall follow the provisions set forth in number 4 above, 4 as to`the rectisclusure of participant identity, diagnosis, prognosis Or treatment
6. Thatthe Prosecutin g Attorney will not use information obtained in the sobrkty court otOp.. to prosecute the participant, with the exception of child ne glect or abuse and climes
' committed at the treatment center or against treatment perseenel.
4.14:
Prosecuting Attorney
FX WI. 102q0B0_. F, 09 MAY-04-2003 tletCA;57 PM
..MEMOIUM
BETWEEN 52-3 DISTRICTICOURT SOBREETIECOIIRT AND THE
LOCAL PROSECUTING FOR
this Agreement is made this day of Octo6r- 200 1, between the 52-3
DistricitoFourt Sobriety Court (hereinafter "Sobriety Court") and the Local Promcalting
ArtortIMforVillitete.f LM t Or hereinafter 'Proseoutor),
pREREAS, The 52-3 District Court has decided to establish a Sobriety Court,
which. Al serve to treat, monitor, rehabilitate, and penalize mpg= drug and/or alcohol
offenders; arid
AS, in. order to haw the Sobriety Court function properly and
'If • surxxgsfullY, and in acQorcl with the criminal justice process in the State of Miclaigan, it is 04E11 IleCeSpimr to have a Prosecuting Attorney involved in the functioning of the Sobriety
Court;
TIIEREFORE, in consideration of the =mai promises contained bereln,-
the pr agree as follows:
117the Prosecuting Attorney shell provide a member of its staff on those dates when
a Sobriety Court candidate is scheduled for sentencing;
2. tar Tha..100e aforementioned sentencilig days shall coincide with the regularly calendared
al3 ,eranees for the particular municipality;
3. Thanthc Prosecuting Attorney shall provide a member of its staff at no expense to the tr1( 523:District Court or the 52-3 District Court Sobriety Court. 4,ot h 4. Tbatan an effort to maintain olienticonfidentiality and promote trust and fairness oro, 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, after consent has t)PEi 1002% ObtfUleti_
5. Thatthe Prosecuting Attorney shall follow the provisions set forth in number 4 above,
as to the rediselosure of participant identity, diagnosis, prognosis or trOatRiMit.
6. Thatgin Pro smilting Attorney willl not use information obtained in the sobriety court
;LEIAW to pasecute the participant, with the exception of child neglect or abuse and crimes
cam-kited at the treatment center or against treatment personnel.
Thepartip hereto, by signing below, acknowledge that they have read and understand the
above 14C210 TandLLM of Agreement on the date first referenced above, and, furth=,; [Tree to
be boiniiIN its terms.
Name:
Sobriety Court representative
N4W- Name: k. Sobriety Court representative
FAX NO 10213080 • P. 10 NY-04-000 NOC4:57 PM
did
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT1COURT SOBRIETY COURT A:s31 TlFfr
LOCAL PROSECUTING ATTORNEY FOR
is Agreement is made this 10-5 clay of 0140b6r 2001 between the 52-3
Distrigourt Sobriety Court (hereinafter "Sobriety Court") and the Local Prosecuting
Attorneyjoeth ereinafter "Prosecutor).
tritEAS, The 52-3 District Court has decided ied to establish a. Sobriety Court,
which all serve to treat, monitor, rehabilitate, and penalize repeat drug and/or rLicohol
offen±iers:, and
aiyaEREAS, in order to have the Sobriety Court function properly end
successaly, and in accord with the elininal justice process in the State of Michigan, it is
necessary to haveu Prosecuting Attorney involved in the functioning of the Sobriety '
CourtZ
U,OW, THEREFORE, in codsiderati on of the mutual promises contained herein,
the parties agree as follows; I ,
.+ !
J. Th4the Prosecuting Attorney shall provide a member of its staff on those dates when
a Sobriety Court candidate is S Ulleatiled for sentencing;
2. ThLthe aforementioned sentencing days shall coincide with the regularly calcoded
apiwarices for the particular municipality;
3. Matte Prosecuting Attorney shall provide a member of its staff at no expense to the - 52i- `9, istrict Court or the 52-3 District Court Sobriety Court,
4, Th
t
al an effort to maintain client the
and promote trust and fairness
among sobriety court participani
h
m, , e Prosecuting Attorney shall not disclok. :
. infawation relating to the identity! diagnosis, prognosis, or treatment of any
pe.rtoant to anyone other than a sobriety court team member, after consent ilas been
obtained. 5 , T hIrtrtilt e Prosecutin Attorney hall follow the visions set forth in number 4 above, ,liot g rn 5 i . ow Pr°.
as the redisclosure of participant identity, diagnosis, prognosis or treatmeat n ; 4.-- 6. That.the Prosecuting Attorney will Inot use information obtained in the sobriety cc:6ft ,rinird to prosecute the participant, with the exceptiou of child neglect or abuse -and crimes ka-k. committed at the tea tment canter 0,11- against treatment persomiel. %Mkt
I
. .
The p 7a .,,t"; hereto, by signing below, acknowledge that they have rd and Understand the ,
above Memorandum of Agreement on the date first referenced above, and, further, agree to be bounci12y its terms. I
'1 Tir
N ame:
Prosennting Attorney
- , IT;
FAX NO, 102n080 F . H
MEMORANDUM OF 'AGREEMENT
1.3E15,1./.-EEN 52-3 1_.,±IIKC 1 ig..ØInLq!)j a3UR RIETY COT
LoeAL PROSECUTING ATTORNEY FOR ,00iiitilti —TAW •
mull ' i
Distriit Court Sobriety Court (hereinafter "Sobriety Cote) and the Local Prosecuting ,
44This Agreement is made this day of OciPber-, 2002., between the 52.3 25
Anemia for ablpeagjand, (hereinafter 'Prosecutor"). 1
Co
THEREFORE, in consi.denitiou of the mutual promises contained herein,
the parties agree as follows;
1. Thiuthe Prosecuting Attorney shall provide a member of iZ staff on those &des when
Sltriety Court candidate is sche4u1ed for sentencing.,
2, Thigthe aforementioned sentencing days shall coincide with the regularly caloadared vooy
aPP,WanGes for the particular rautticipality;
3. Thatthe Prosecuting Attorney shall provide a mewber of its staff at no expense to the
520istrict Court or the 52-3 District Court Sobriety Court.
4, Thazta an effort to maintain elienticolifidentiality and promote trust and fainacss
among sobriety court participants, he Proseeuting Attorney shall not disclose
in_44)ation relating to the identity; diagnosis, prognosis, or treatment of any
participant to anyone other than a sobriety court team member, after consent has been
obt-Imed.
5. Thithe Frosceuting Attorney shall follow the provisions set forth in number 4 above,
- as Vie redisclo sure of participant identity, diagnosis, prognosis or treatment.
6. ThatZie Prosecuting Attorney willinot use information obtained in the 4obriety court
to pwccutc the participant, with the exception of child neglect or abuse and crimes
committed at the treatment center or against treatment personnel,
The parti4 hereto, by signing below, aclorowledge that they have read and understand the
zibora Memorandum of Agreement on the date first referenced above, arid, further, agree to
be bounkby itS terms.
t
I WHEREAS, The 52-3 District Court bas decided to establish a Sobriety Court,
h , ' serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol'. which , serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol"-
cREAS, The 52-3 District Court bas decided to establish a Sobriety Court,
offenders; anti
LIEREAS, a order to Lave the Court function properly and
'successfully, and in aczord with the criminal Justice process in the State of Michigan, it is
nCCNRDI., to have a Prosecuting Attorney involved in the functioning of the Sobriety
Name:
Sobriety Court representative
Me-O4-2009 M00 :57 PH FAX NO 1020080 P. 12
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT rOURT SOBRIETY COURT AND THE
LOCAL PROSECUTING ATTORNEY FOR f) obn -raw.
Phis Agreementi. made this g--5 day of 1.>•.,.-ir-45-0- , 200 1 between the 52-3 ° Distri4Voart Sobriety CourtShereinafter 'Sobriety Court") and the Local Prowcuting
Attornmaey for171 f_DF (hereinafter. "Prosecutor).
.111
VFIEREAS, The 52-3 District Court has decided to establish a Sobriery Court,
whichTiliall serve to n-cat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offenkm and
441-IEREAS, in order to have the Sobriety Court function properiy and
successfully, and in accord with the criminal justice proms in the Stale of Achigan, if is
%OP I , . neCeS= to have a Prosecuting Attorney involved in the functioning of the Sobriety . ,..
Courtie I , I'.
NOW, THEREFORE, hi consideration of the mutual promises contained herein, 4.4 the parnes agxee as follows; ' 1 Ti
ti$ 1. Thattic Prosecuting Attorney shail provide a member of its staff on those dates when
a mtty Court candidate. is sehtlided for sentencing;
2. Tha.t6, e aforementioned sentrilcing days shall coincide with the regularly calendared *pcir appderanees for the particular municipality;
3. Tilii.t4the Prosecuting Attorney R1-inll provide a member of its staff at no expense to the r 52i-lpistict Court or the 52 -3 Diatdct Court Sobriety Court.
4_ ThRe—in an effort to maintain clienti conEdentiality and promote trust and fairness Nom amug sobriety court participants, the Prosecuting Attorney shall not disclose .
information relating to the identity!, diagnosis, prOgilUAS, or treatment of any
parbeipant to anyone other than a sobriety court team member, after consent has been
obtanted, • 1 S. Third the Prosecuting Attorney shall follow the provisions set forth in number 4 above,
red isclosure of participani identity, diagnosis, prognosis or treatment. '
6. Thatthe Prosecuting Attorney willlnot use information obtained in the sobriety court 01444 to pro se.eutc the participant, with the exception of child neglect or abuse and crimes
committed at the treatment center or against treatment personnel.
The partArs hereto, by signing below, acknowledge that they have read and understand the
above Memorandum of Agreement on the date fast referenced above, and, further, agree to
be bouncl.hy its terms.
A , -
te AL Limbed 1
Ntirie: ki Name:
Pro secdting Attorney • Sobriety Court representative
III .. r
F, :3 T llAY-04-2008 MO 04:E 8 PM .'
FAX I(0. 12G080
ante:
Sobriety Coon representative
rviEmoRAN'D
BETWEEN 52-3 DISTRICTI
LOCAL P1_1(.,_ciarisz=uattuys,,z122,14.7.11,4,4_.
I
AgeeMerit is made this 0.2 day of 0014- , 2007 between the 52-3
Distr‘Coult Sobriety Court (hereinafter "Sobriety Court") and the Local Prosecuting .
Attornstfornlap , f)c °Vika (hereinafter "Prosecutor").
LITTEREAS, The 52-3 Dist-let Court has decided to establish a Sobriety Court, ,
whiceShall serve to treat. monitor, rehabilitate, and penalize repeat drug and/or alcohol
offender's; and
4,\VHEREAS, in order to have he Sobriety Court function properly and
successfully, and in accord with the criminal justice process in the State of IlficLigan, it is -410 nece.to have a Prosecuting Attoriey involved in the functioning of the Sobriety -
Courtla
ROW, THEREFORE, in consideration of the mutual promises contained herein,
the partieq agree a,s follows:
1, Thhe Prosecuting Attorney shall provide a member of its staff on those dates when Irk- a Sobriety Court candidate is scheduled for sentencing;
2. That=the aforementioned sentencing days shall coincide with the regularly calendared MOO I. appearances for the particular municipality;
3. e Prosecuting Attorney shall provide a member of its staff at no exilmse to the
52- District Court or the 52-3 District Court Sobriety Court. .
4. That "o. an effort to maintain elientIcaufidentiality and promote. trust and fairness
1
arniolu sobriety court participants, the Prosecuting Attorney shall not discloze
information relating to the identity, diagnosis, prognosis, or heatirtent of any , voirct participant to anyone other than a Sobriety court team member, after consent has been nom obw,cd. 1
5. Thiahe Prosecuting Attorney shall follow the provisions set forth in number 4 above,
asXit-0lie rudisclosure of partieipani identity. diagnosis, prognosis or treatment. i ‘ A . 6. Thee Prosecuting- Attorney will not use information obtained in the sobriety court
to prosecute the puticipant, with the exception of child neglect or abuse and crimes: 1
communed at the treatioznt center or against treatment personnel.
The pat;tieg hereto, by signing below, acknowledge that they have read and understand the .
above lvfeinorandum of Agreement on the date first referenced above, and, further, agree to i bc boundtby its terms. ,.......,,/, 1 .
P Prosecuting Attorney
P. 14
•
Y -04-29 t10 ,0:58 pr FAX 110. 1020080
;.
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT COURT SOBRIETY COURT AND THE
LOCAL PROSECUTING ATTORNEY FOR THE
VILLAGE OF LEONARD
, T:Ifis Agreement is made this 30 - day of October, 2007, between the 52-3 District
Courteol'xicty Court (hereinafter "Sobrriety Court") and the Local Prosecuting Attoniey
thtfor llaee of Leonard (hereinafter 'Pzoseeutor").
WHEREAS, The 52-3 District Court has decided to establish a Sobriety Court,
whiehottall serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
offender,: and
j,,,,iyMEAS, in order to have the Sobriety Court function properly and
successfUlly, and in accord with the crimina1. justice process in the State of Michigan, it is Viroffit neee9F1h, to have a Prosecuting Attorney involved in the functioning of the Sobriety
Court;
MOW, THEREFORE, in co4ideration of the mutual promises contRimed herein,
the parties agree as follows: I
Th *Ire Prosecuting Attorney shall provide a member of its staff on those dates when
Sobri. ety Court candidate is scheduled for sentencing
-2. Ththe aforementioned seniencing days shall coincide with the regularly cal endued
appearances for the particular rnimicipality;
3. That_=the local jurisdiction Prosecuting Attorney will defer to a warn decision in an - ....TA
eourostatling sessions mid review hearings and, therefore, the local Prosecuiing asit,1 Attorney's presence is not necessary for staffing sessions and review hearings. • •-
4. Thanhe Prosecuting Attorney shall provide amen:bet of its staff for sentencing tgoica purposes at no expense to the 52-3 District Court or the 52-3 District Court Sobriety
Cot!
5. Thajm an effort to maintain clientieonfidentiality, per 42CFR Parr 11 of the Federal F
Confilientiality 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 arty participant to anyone othm than a. 40.4,4 sobric,ty court team member, after consent has been obtained.
1 The partlei hereto, by signiog below, aeinowled.ge that they have read and undecittad the
above M...4itorancium ofeemeiit. on the date first referenced above, and, forther, agree to
be bound:cl:ry its terms.
Name!, 14:(11,5 dearoarne
Prosecuting Attorney
Norm: LzmidLS4191/1/0r441
Sobriety Court regre,5cotativa
MAY-04-200e MONF4:58 FM FM HO, 10200130 P, 15
s 0,
n
MEMORANDUM OF AGREEMENT .
BETWEEN 52-3 DISTRICT COURT SOBRIETY COURT AND PUBLIC
DEFENDER '..
-- ,
• Thisrpreeraent is made this 1,7 iday of krz-teie , 2001 between the 52-3 District
Court Sobri„teif. Court (hereinafter "Sobriety Ccurt") and kr0kt.; firtrefileremaner "Public
Defender). , i
. .
WIAREAS, The 52-3 District Court has decided to establish a Sobriety Court, which
shall serve tr1;at, monitor, rehabilitate, and penalize repeat drug and/or alcohol offenders; and
1
WHEREAS, in order to have the Sobriety Court function properly and successfully, and
in accord wZhlthe Due Process provision of the U.S. Constitution and the Constitution .of the
State of Micligen, it is necessary to entploy Public Defender to serve as lege] counsel to
participarner.aclarted into the Sobriety Court; :4 i
NO!Nci 1 FORE, in consideration of the mutual promises contained herein, the
parties a•rce„e: follows: , i 1
-eel ,
1. That Pubilg Defender shall make himself/hereelf available, or shall coordinate schedules with
other pike defenders Serving the Solleiety Court, on those dates when Sobriety Court is
schedue take place; e 1 :.!, 1 e. 1
2. That Pu4i0V4 Defender, on the aforementioned days, shall counsel Sobriety Court participants
and/or ptlsofeipate in Sobriety Court staffing sessions;
3. That Sorty Court shall compensate !Public Defender for the work performed by, Public
Defend in furtherance of the aforementioned dutiee. To that end, if Public Defertdee is
schedalellior a 'A day of Sobriety Court service, then Public Defender shall be eempensated
for 172 dar work, in line with the 52-3 District Court's payment system for court appointed
eounsel 'ikewise, if Public Defender is scheduleel for a full day of Sobriety Court service,
then Public! Defeader shall be compensated for a full ,day of service, in line with the 52-3
eeee , District Court's payment system for court appointed counsel.
4. That i TIP effort to maintain client confidentiality and promote trust and rainless among
sobrietyvtotxurt participants, the Public Defender shall not disclose information 'eluting le the
identity,ftliagnosis, prognosis, or treatm ient of any participant to anyone other than a So bri ety
court tea ember after consent has ben obtained.
5. That thellblie Defender shall fallow the provisions set forth in number 4 above, as to the
redisclosN of participant identity, diagnosis, prognosis or treatment
6. That PubliCiDefender understands in orcier to promote the mission of the 52/3 Sobriety Court,
the freetaw of information is imp ortant among the team members, however there may be
' Arf i. times wheniPublic Defender may be subject to legal and ethical restrictions on disclosure. nele. : - K1 rette by signing below, acknOwledge that they have read and understand the above e , of Agreement on the data first referenced above, and, further, agree to be bound by
The parties 4
Meruoranduni
its terms, ikik
I.
Lproji....1p vit I sob 'ety Court representative
:6 11AY-04-2009 14.0!'.e'A:58 FM
WA
?.
FAY HO. 102020
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT COURT SOBRIETY COURT AND PUBLIC
DEFENDER
ThiMgreement is made this G:hr day of (-)exe..410.200 5, between the 52-3 District 'Ark, Court Sobrt.,ety Court (her-inaftor "Sobriety Court") and --,ref+e, (hereinafter "Public
DefenderS Cesoer..
iitot WKEREAS, The 52-3 Diatrict Court has decided to establish, a Sobriety Court, which
shall serve:Meat, 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 wilkthe Due Process provisions of the U.S. Constitution -and the Constiustior(of the
State of Michigan, it is necessary to employ Public Defender to serve as legal counsel to
partieipantsiedmitted into the Sobriety Court;
NOnLTHEREFORE, in consid4ration or the mutual promises contained herein, the
parties afreTs' follows: .
sehedulgo take place; ,
2, That Public Defender, on the aforementioned days, shall counsel Sobriety Court participants .., 4071 . .
anaror p.ocipate in Sobriety Court 5taff1ELZ Se.1.40115: •
3. That Se .,--Oty Court shall corripensate Public Defender for the work performed by ,Public
Defende l- l furtherance of the aforementioned duties. To that end, if Public Defender is
scheduled or a V2 day of Sobriety Conk service, then Public Defender shall be compensated
for 1/2 cliff work, in line with the 52-3 District Court's payment system for crinrt appointed
counsel: Likewise, if Public Defender is scheduled for a full day of Sobriety Court service,
then putt Defender shall be compen'sated for a full day of service, in line with the 2..-.3 -I Districredurt's payment system for court .' appointed counsel.
,E 4. That in effort to maintain client confidentiality and promote trust and fairness 'among
sohriety colturt participants, the Public -Oefender shall not disclose information relating.' to the
identity, ciliagnosia, prognosis, or treatment of any participant to anyone other than a sobriety
court tearnvember, after consent has been. obtained.
5. That thelibblie Defender shall follow the provisions set forth in number 4 abo..re, as to the
,i redisclostre of participant identity, diagnosis, prognosis or treatment. • ! •-•,,,-;„1 6. That Pu4bj,..--lei Defender uncierstamis in order to promote the mission of the 5213 Sobriety Court,
the free41.0p,r of information is important among the team members, however [Lae may be
times when:Public Defender may he subject to legal and ethical Testrictions on disclosure.
The parties Itheroto, by signing below.. aokniviedge that they have read and understand the above
Memorandum,%,f Agreeanent on the date lirsi-t referenced above, and, further, agree to t:,:. bound by
its terms,
1_ That Defender shell make himself/herself available, or shall coordinate sell edul es -with
other pnIblie defenders serving the Sobriety Court, on those dates when Sobriety Court is ..
egyur
Public Defender
62161,560
TsTamEt: Gle4peorfie
Sobriety Court representative
,4e{
lame: palt.tre_rrc
Treatment Provider
Name: jee r!Li.--;K:r(rkfr-14-1 Sobriety Court represaanewe
by signing below, acluiowlerlge that they have Teacl and understand the above
of Agreement on the date first rehenced above, and, further, agree to be boutei by its
MAY-04-2CC2 flONE4:58 Fr FAX NO 1 02U080 . ; P. 17
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT COURT SOBRIETY COURT ‘4,6NII'l
TREATMENT PROVIDER
FAgreemerit is made this 11 day ofikzettAter200_5, between the 52-3-District peat . , ,
Court Sobriety Court (hereinafter 'Sobriety Court") and ....9,11.elea4teerevieigoficr r eliez .i wIreatmenteirovicler"). 1 . ;11 .1 1. ;Mg i 1
REAS, The 52-3 District Court has deeided to establieh a Sobriety CEng; whieh
shall Sefv .Btreat monitor, rehabilitate, and penalize repeat drug and/or alcohol offenders;, and
1 11'1
REA.S, in order to have the Sobriety Court finLaion properly ond sucevesfully, it is
nocessaryE use Treatment Provider to provide alcohoVdrug education and treatrrTit to
pareleipanATidmitted into the Sobriety Court; „
worm 1
I 1
NO,Z, THEREFORE, in eonsideration of the mutual promises contained herein, the
parties agreTies follows; 1
1. Thatr reilment Provider hall provide alcohol/drug education and treatment re , participants vireo admittetlento the Sobriety Court; .14,44
. ,
2. That TmiTtment Provider shell partieipate in Sobriety Court staffing Se0i0115; ! .
3, That neither the 52-3 District Court i jr the 52-3 Dietrict Court Sobriety Court, shall be
respois4e for the cost of services provided by Treatment Provider. Instead, the parties
uudeqtand and agree that Sobriety Cburt participants 0111.1 be responsible for paying for the
Treatment Provider's services. he the case of each individual Sobriety Court periieipaut, it is
anti .4:11P that payment of Treatment Provider's services shall be made by 1) the individual
Sobrietyafourt participant, 2) through any insurance policy of the Sobriety Court participant
whickalers Treatment Provider's services, or 3) by any entity which has veer] to provide
,17 government assistance to the Sobriety Court participant.
4. That -,, effort to nein' rtain client Confidentiality and promote trust and faineesS.' mom' g
KlbrigOt court participants, Treanciert Provider shall not dieelose information relating to the
IL:
identity diagnosis, prognosis, or treatment of any participant to anyone other Men a sobriety
court team. member, after consent has been obtained. .
5. That T4le"atineet Provider shall follow! the provisions set forth in number 4 above, ante The eepe ,
redizelogre of participant identity, diagnosis; prognosis or treatment.
6. That Tresitmr..nt Provider understandi in order to promote the mission of the 52/3 Sobriety
Comte "" free flow of information is int' portant among the team members; howei.er there may
be times when Treatment Provider may be subject to legal and ethical reetrictions on
disclosure.
--
, 18 MAY-04-2jU KONL-'6,4:SB PM FF,X NO, 1020080
E1 1.1121.1M, OF AGREEMENT
BETWEEN 52-3 DISTRICT COURT SOBRIETY COURT AND THE
VILLAGE OF OXFORD POUST DEPARTMENT
rki 5 Agreement is made this co- -day of tta5 , 2001> between the 52-3
Distrialourt Sobriety Court (hereinafter "Sobriety Court") Etnri the Village or Oxford
liMp7.artment (hereinafter '?oliea -Department") !ri
ERAS, The 52-3 Distrilt Court has decided to establish a Sobriety Court,
whicinZall serve to treat, monitor, rehabilitate, and penalize repeat drug andeur alOol
offenders; and tIO
effEREAS, in order to have the Sobriety Court function properly „and -7.44
succesLilly, and to promote 5aferyi for the Sobriety Court. Probation Officer it ,is
nccasaylto have Police Department involved in the function of Sobriety Court; 'Ill
1. TI-21Police Department sliall prolicle a member of its staff to 0.9COrt Sobriety Court awl 1 PrgSion Officer to conduct raudom visits at a Sobriety Court participarCs home
withiit the jurisdiction of Police DTartmeut; wiiir 2. Thitt.2olice Department shall pru ivide a member of its staff to assist with random
hcmTeTvisits at no expense to the 52i-3 Dishict Court.
3. Tha%2-3 District Court is not requesting Police Department to obtain additional
. personnel to assist with random home visits. .. ,
4. Thal ,obriety Court Probation OiZeer will conuct Police Depaitnent to arrange a
tinie r the random home visits on a case by case basis. :
The pais hereto, by signing below, cizoowlodge that they have read and underaand the
above 4,9poranduna of Agreement on tie date first rtfereued above, Prifi, furtim, agree to
be boupdthy its term.
Dpw, THIT.EFORE, in eorisideration of the mutual promises contained. haein,
the parties agree as follows:.
L . L Ft
Motk
`05:1 R. c.e. I ... Name; 1-critii, SiTipviDe41.1
Police Depantment NI'1f"tmA61' Sobriety Court FL-presentative
CrcL P1pt.
';•••• .•
I •!•
b L
t
a
- WHEREAS, me 52-3 DistriLt Court /1115 decided to establish a Sobriety Conn. k
which_ all serve to treat, monitor, rehabilitate, and penalize repeat drug and/or aloehol
ofIcillars; and ' ! . i
REAS, in order to have the Sobriety Court function prop erly '. and
stwoesifilly, and to promote safety for the Sobriety Court Probation Officer 1:t is VIKA MC CUSEri to have Police Department involved in the function of Sobriety Court;
MEMORANDUM OF AGREEMENT
BETWEEN- 52-3 DISTRICT COURT SOBRIETY COURT AND THE
OAKCAND COUNTY SHERIFF'S OFFICE (substations: Oakland Twn_i
Orion Tvv-p., Addison Twp.,Oxford TwP.)
-
is Ageement is made this g day of, Rtd , 2001„,, bet-W=1 the 52.-3
Distriortpurt Sobriety Court (b.ereir;after "Sobriety curt") and the Oakland County
SherifrslOffice (hereinafter 'Police lepartment")
MAY-U4-2008 MORLA:58 PM FAX NO, 1020080 P, 1E
; .
nOW, TILEREFORE, in consideration of the muuial promises contained herein,
the parties agroe as follows: '
- a '
1. T1i4o1ice Department shall prov1ide a member of its staff to escort Sobriety Court
Probation Officer to conduct random visits at a Sobriety Court partieipm:'s home !meta .
within the jurisdiction of Polide Depattment; ' 2. Teolice Department ihall prcvide a member of its staff to assist with rancIpm ..... L
3. 2-3 District Court is not rectuesting Police Department to obtain additional
liTchnsvisits at tie expense to the 52-3 District Court. _
personnel to assist with random hone visits.
4. TiaTobriety Court Probation Officer will contact Police Department to arange' a Ao .J,
timsifor the =dolt home visits Qui a cup by case ba.sis. 5 s
.. . .
t i '
I . The parti.'es hereto, by signing below, acknowledge that they have mid and tinderstan4
1
ftlie
aboveMemurandoin of Agreement on the date first referenced above, and, further agree to OW, , be boundiby it,5 terms. ..
NmeiD , Nahie: t_z gei pmr-0-1
Polkepffartnicut 0 C..;- Sobriety Court Representative
The pai-Iirs hereto, by signing below, aanowledge that they have read and underAandithe
above Meinorandorn of Agreement on the date first referenced above, and, further, agree to
IC
t,
Name: 1...nr•Tv... py40"-tirt
Sobriety Court Repritative
be bounby.,its terms.
Name:Vr.f4bei+- GrYd th Police Dt: artunent
il i
e Al
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT COURT SOBRIETY COURT AND THE
OAKLAND COUNTY SHERIFF'S OFFICE — ROCHESTER HILLS
SUBSTATION
District.
Sherif&
' Zs' •
VEREAS, The 52-3 Districraturt has decided to establish a Sobriety Caort,
which shall serve to treat, monitor, reliabilitate, and penalize repeat drag and/or alcohol
, r
JIEREASI in order to have the Sobriety Court function properly and
successfuovilY, and to promote safety for the Sobriety Court Probation Officer it is
necessaatito have Police Department i arolved in the funotiort of Sobriety Court:
:
, THEREFORE. in consideration of the mutual promises contained herein,
the pautiagrec as follows:
I_ Thitilice Department shall provide a member of its staff to escort Sobriety Court ! Probation Officer to conduct random visits at a Sobriety Court participant's home
withthe jtnisdiction of Police Department
2. That Police Department shell provide a member of its staff to assist with random
home ' its at no expense to the 543 District Court. :-- ,
3. That '52-3 District Court is not requesting Police Department to obtain a;idifional . ,
perampei to assist with random home visits.
4. Tha3Abrioty Coat Probation Officer will contact Police Department to arrange ia Yti . -
t
1 .
Mais Agreement is made this k V I day of Apiii._ , 200_0 between the 52-3 court Sobriety Court (hereinifter "Sobriety Court") arid The Oakland CoUnty
Office — Rochester Hills Substation (bereinafter "Police Department") ,..
I
cifenders-H, d •
V.' I ' to
the random, homevisits on ia case by case basis. .
,
I.
MAY-04-2009 M014652 PM 1021:613 L P. 21
,
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRWlic" OURT SORRIETSXQURT AND THE
Is docided to establi5h a Sobriety Court,
offeudeand i 1 i• !-t•
lc:
14TEREAs, in order to halve the Sobriety Court ftmetion properly ran 'd INtle
sucoessMy, and to promote safety 1 for the Sobriety Court Probation Officer Iti i,s
necessMo hav Police Department involved in the &lotion of Sobriety Court; I k&
OW, THEREFORE, in coni,idAralion of the mutual promises contained herein, 1
qt
1, ThatiOlice Department shall provide a member of its staff to escort Sobriety Court
Probation Officer to oonduct randOm visits at a Sobriety Court partiektues borne nstto 1 , withurthe jurisdiction of Police Department; J.
2. ThWolice Department shall. proyide a member of its staff to assist with =dorn.
bome visns a no expense to the 52;3 District Court. : _. . . 1 . . •• ..... I•
The parpmhereto, by signing below, illo:toi,viedge that they have read and understand the
above /yLevrandum of Agreement on th date first referemeri above, and, further, agree to
be boundpy its tecrm.5.. ;)
Na; ,67r.zo, MU) , Nome: Lorar.A- erocrt-t-n
Police Department fula ton Vkl MI Sobriety Court Representative
111,D3
CITY OF AUBURN ITELLS POLICE DEPARTMENT
s Agreement is made itli5 i'q day of 40i, 200 1,, between The 5213
1 •
Districaott Sobriety Coml. (hereinaller "Sobriety Court") and The Aubirm fli n5 Police ,• / Departrn nt (hereinafter "Pollee Depaitmentl) t
1 / wHEREAS, The 52-3 District Cour
s I serve to treat. monitor, rettabilitz
/ - ,LWHE-- REAS, The 52-3 District Cot=
which Wial serve to treat, monitor, rehabilitate, and penalize repeat drug and/or alcohol
the partiaTagree as follows:
3. Tha,,M.-3 District Court is riot re'questing Police Department to obtaiti additionz4 I ,
persoonel to assist with random home visits_ . . k n
4. That obriety Court Probation Officer will cornea Policy Depaxtment to arranie 'a E
time for the random home visits °iiip. case by ease basis.
,
- , -
4
:t
in
AukA.
Name: Lcir p ver4h
Sobriety Court Representative 0(64
1AY-04-20OU M040:52 PM FAX NO 1620080 ,F 7 2
• i
MEMORANDUM OF AGREEMENT
BETWEEN 52-3 DISTRICT COURT SOBRIETY COURT AND TEE
CITY OF ROCHESTER POLICE DEPARTMENT
mare IT I.
Ras Agreement is made this ,,L.7 day of AP/th...., =IL, between the
DistrictEurt Sobriety Court (hereinafter "Sobriety Court") and The Rochester Police
Department (hereinafter "Police Department")
_11E1EAS, The 52-3 District Court has deckled to establish a Sobriety Court,
which serve to treat, monitor. rehabilitate, and penalize repeat drug gritlior alcohol vw,to offendiaand
REAS. in order to hive the Sobtiety Court function properly and
sucesiialy, and to promote safety .for the Sobriety Court Probation Offteer • it is turi4, necessaivto have Police Department involved in the function of Sobriety Court;
- .1k ;. .:
1 That 'Police Department shalt proiide a member of its staff to .assist with randOm
hem i ts at no e:,..-périse to the 52-3 District Court.
mi
Oi
3. 52-3 District Court is not recil ucsting Police Department to obtain additiohal 1 A . perionnel to assist with random home visits. • kPi
thil _ or the random home visits an la case by case basis.
nic 4. . Sobriety Court Probation Otticer will contact Police Department to airange a ; t :t
The paifV. hereto, by signing below. aCknowiedge that they have lead and understand the
above Memorandum of Agreement on the dale first referenced above, and, further, agree to itettro be boon+ &,y its term.s.
,
Name: 6-ra
Police Deplirtrtieri
_igAr, THEREFORE, in consideration of the mutual promises contained heroin,
the partillogree as follows: )4i i 1
1. Thalanlice Department ball provide a merober of its stair to escort Sobriety Co -urt lik44 .1 ... . Probation Officer to conduct rano= visits at a Sobriety Court participam's 'home ...., .
witlthe jurisdiction of Police Deilartm mit; _
23
T.1114
MAY-04-20C9 notfig:H pm FAX le 102008C
MEMORANDUM OF AGREEMENT 41
'BETWEEN 52-3 DISTRICT COURT SOBRIETY COURT AND THE
F LAKE ORION POLICE DEPARTMENT
Al's Agreement is made this ''S-41 day of , 2004 , between the 52-',3
Distric4urt Sobriety Court (hereinafter "Sobriety Court") and the Lake Orion Police
Department (hereinafter "Police Department")
VEREAS, The 52-3 District Court has decided to establish a Sobriety Court,
which Fall serve to treat, monitor, rehabilitate, and penalize repeat drag and/or alcohol
o f fen dello d .1 1.; • • -
RAS, in order to have the Sobriety Court function properly qncl
successa, and to promote safety I for the Sobriety Court Probation Officer it is
necessakito have Police Department irivolved in the function of Sobriety Court;
WW, THEREFORE, in consideration of the mutual promises contained ber,lin,
the putgree as follows; . i •
.. ,
1. Thattig?' lice Department Omit provi lde a member of its staff to escort Sobrieiy Court
Probation Officer to conduct raruiam visits at a Sobriety Court participant's home twig 1 • , Idle jurisdiction of Police Department;•1'.- : I
2_ Tha P lice Department shall prqide a member of its staff to assist with random
horn_ iits at no expense to the 52-3 District Court. . ,
3. Tha . ' -3 District Court is not requesting Police Department to obtain additional [ personnel to assist with random home visits. .... , . 4. Th. • #. obriety Court Probation Officer will contact Police Department to arrange a 1 , 4
time et; the random home visits on A case by case basis. ... : . 1
The pai 1E hereto, , by signing below, Oknowledle that they have read and 'understand the ,
above gmtarandum of Agreement on the date first referenced above, and, further, agree -to
be b
Name: 1,21010,1516 p varift
Sobriety Court Repres&aative
its terms. 414
jt
11. 8
FAX NO. 1025080
BEEELJT PUTERE taq
be b'
"" "7 0 Ph
MY--04-2409 t1O, 0'..CK 111
11/26/211137 1:g• 2 2a-9E1528523
t
This Agreement la made thia 4filteip2OCLZ the 2.3
"
1/Elyi Court Sobriety Court (hareinFr "Sety C_orart") end the Local Ilrosaeutim
Attorney ibr the Citt of Rochester (Ilipteitrafirr "Prosecutor).
SMEREAS, The 524 Dirgli4 Corn has clocked to establish a Sobriety Co
mg Shall Siam W trent, monitor, reasSi Mate,. and panelize repeat drug an War a echo
and
WHEREAS, IT1 owlet havelthe Sobriety Court Eiuraion properly and
stgerfully, and le' aecerti With OM cfulliBal Pete* pftiow in tha Stem afMichJgeri. 1.
nwery to haw a Prosecuting Attorney invoiettl he the functiontos of dae Sobriew
C. NOW, nIFAIZFORA, hicsansiderefien of the mutual prosnieee ooptaincti hettirt,
Me.r. ;ea agroe as faun;
the humoring AlLaMay 511ap provide a member of its staff int time dams Irehert
itlobriciy Coon candidata 1.9 seliofkiled for lanienoing;
2, rhe enrententinned aenteschig daye twill coincide 'Ark tile twilled), ealendmed
ipPloearanow for the pardorder municipolityi
3, Mau Ile koCal juTisdic/ica Promenfing Atterney will deer to ateiro decision to all
"Istart staffln; neaaions an reviawiimazino and that tae Weal Promoting Attorney' a 11.1:cosenct te nor Tweeasary for stalea4 amain% ao4 :prim hearing&
4. .rialt the limn:outing Attorney shalliprovide i member staff for 41P113;1144
i,fall,C(103 ne expense to the 52-3. viva 031111 41 the 52-3 Nana Court Sobriety
igourt.
5. Au, in ari effort to Melina* eleenticonlidootialityr per 42CFR Pat IT of the federal
ardatankialiti Guidelines ad prontote uoat and fairness among NalltietY cute
124ctpents,the Pmecng Atm* !dud/ not disclose information triatio,o to the
leen, titY, diaposit, proppRi4ct urimout of any whip& nit(' Immo other ?len a.
=rimy gout tura raerohar, after sousing Ina bean obtained.
1101 ,
Iliwttet Irmo, by elping bele% asisoviledge that they hoe read and understand
abovewaternexandurn of ',moment ern tic date Aria rearmed above, mod, hater, wee to
122Lnd by its lam eh I
-NP
Ji '
154 - trip
Froa5c, zing Awing/ COY
‘1.1
- r;gf,
MISIO
t.,
_ MAY-04-2M2 MONA9:51 Ph '
00.30. glOtt.1-;_4(}Ak! LAW FAX 435 E
0 •
FAX NO. 102OUBJ ; P. 25
11E111400h C
4 ME310414,14D* OF AGREEMENT
BETWEEN 52-3 DISTRICT COURUOBRIETY COURT AND THE
LO .CALPROSECT_TTENTG ATTORZIEY FOR PliktICO 'Tv.) p.
A,greement is maledä 6"Ihday of reti4K200.2 batmen the 52-3
Marlene Sobriety Court (Ivireintdter Sahdety Courrl teed the Lo or Prosecuting
Attomm,fcr "Tm,lf,2Elij,241_ (hereinafter "ProsecutOr ").
WELERF45, The 52-3 District Court Ins decidod to establish a Sobriety COUTI, JP,* Vilichlizil saw to treat, monirer, rehabilitate, sod penalize repelt drug uudlor odoahrol
offeuders: and
1 older In have the Sobriety Court function prupe6f and
succegfollyr'r , wad in rum.ord with tlz crilliinal justise process Ii 11 State of -Michigan. it is
have a Frosocining Anoroey' inwived in the Motioning of the SobrietY
Conrill.:: : . 1 •
OW, THEREFORE, in consideration ate mutual promises coined hcrtin, swiiit the pay* agrne as follows: I
...:01 1 se_ matte Pro citing Attorney shall pluvial am:mbar aka slat! an dame claw wleo .trui, - - i ; a Soborsy Court =Widow is scheduled& suLtzucior, .•. , -
2. TbALthe aforementioned sentencing dap shall coinoide with the =Oat( caltaxtencd
appegFaxes far the particular tamioiPolitr ,.,..::. a.:. 3. They e Prosecuting Attorney shall provide a menabor of ito gaff at no equans to to I
523District Court Of ttu 52-3 District Court Nobriety Coort. 144i-:* 4. net rn an effort to maintain diced oinrideodidity (old. pronaok tog and fakom
among solviety coact patticipautS, 66 Prosecuting Aneiney shall not aldose
iofFo. lea= rotating to the identity. diagnosis, prognosis, or treannent earl
psi-ti4" ant to =roc other Ow a soiniely mat teem umber, after consent has Isma obrtamcdto- . I
5. 11;;(the Frosecuting Attoiney Axil illow tho provi5ixan set Zsrth in number 4 shun,
engem =disclosure of pottoipantiOntity, diagnosis, prognosis or tivaltnent„
6- Thra,the Prosmuring Attonicy will not =winks:maim atidned in the sobEizty. court
to 'wage theparricipant, with tlievatption of oltikkocglect or abnce and mime;
communed al dm treaMICEit =OW or 'spins' t treatment fessoond.
1 .
The pait:i hereto, by iiigning bekrw, acknowledge that they _have read and understand tie
alave.*Faumniient of Apemen! ea the date fizt refinnuoed obey; and, Anther, wee to
be bo :J14' !by ha ter= I
,) -
-Narneit ,
Proseeotiog Attorney ' Eolirioty Court representative
v1.9-..L if ric.:
FISCAL NOTE (MISC. 109212) November 12. 2009
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: 52-3 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 52n6 District Court, Division Ill (Rochester Hills) has received a grant from the State
Court Administrative Office (SCA% Michigan Drug Court Program in the amount of
$17,000 for the period of October 1 , 2009, through September 30, 2010
2. The total program budget is for $113,188 which includes an award from SCAO of
$17,000 with $96,188 in General Fund in-kind match.
3. This is the 1 5t year of SCAO grant funding.
4. The grant funds of $17,000 are allocated as follows: Professional Services $13,200,
Supplies of $2,300 and Travel and Conference of $1,500.
5. A budget amendment is recommended to the FY 2010 Special Revenue Fund to reflect
funding from the SCAO, 52-1 District Court Drug Court grant .
SCAO DRUG COURT 52-3 - FUND 27165 FY 2010
Project #0R0000000488 Activity A, Analysis Type GLB
Revenues
3020405-121050-615571 Grants State $ 17,000
$ 17,000
Expenditures
3020405-121050-731458 Professional Service $ 13,200
3020405-121050-750294 Material and Supplies 2,300
3020405-121050-732018 Travel 1,500
$ 7,OQ0
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
,1•11n•
THE FORGOING RESOLUTION
Resolution #09272 November 12, 2909
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: Cabello, 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).
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.
eat
Ruth Johnson, County Clerk