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Resolutions - 2009.11.12 - 9901
November 12, 2009 MISCELLANEOUS RESOLUTION 109273 BY: PUBLIC SERVICES COMMITTEE., JEFF POTTER, CHAIRPERSON IN RE: CIRCUIT COURT - FY 2010 JUVENILE AND ADULT DRUG COURT COMBINED SCAO GRANT ACCEPTANCE To the Dakland County Board of Commissioners Chairperson, Lilies and GentieTen: Cat:,rt i. er two i_jrantz, with th. AdEihia -fratLv Otti JL:.;ract wi:Th a grantiL:,; rerfad of 01,:tobuL 1, threugh :3e[ft.i_=ber and !1 7;r:ALIarcis if-5 PA :)11 Com_munity Carrectan .,f ChLd Tare E:-J-1(::7, L:Ina6, and Teneral furld in-kind fc,r FY 2C -1":); ard tL, cc2art in:cnd t Ji 1-vehL.le :=_LL dL rec!oism, inreasin:3 iSIdfc And and the lh.:!_rea:z.c in :ail -iavrs ordered; tiac=e clwards prevlde fl_ndf:ag ter t:hr and fraily tren:=t, (4: f:::= EJe ari I tunded by the tiOult ant; Tlf:eLLIe Tne.=:.e posItieh:? are one J) FTE Yo:Itn and F(Jr,lly paitIon Asi5tan pelticn FTL c;,.t: ar.i.v Caswo.r.r.r :T pcs:tidns :uvenlle Grant aw,]r:1 Adilt gr=:471'.: awiJ'hd is ';1-IER.]:.AS ail SCC; frig L. ILILL:ed te Court p1rticpant. as at emLeL WHEREAS the been apprcved accdrdahce with the ;:(-futy Relew NON THEPEFE, TLVE::: that thc a:AMnd Cd=ty hrii af :he FY 2(1C :t;vehlie Dr:Lg COLL—. .:SCA, d:Lant awardz:. El IT F7,R1jER th'Jt acceptance it thLs .32:7.71=i cenditined n.:Jh :he intrbrc:ati:)h fThk'J contrthr.'tconsient w:L.th tne Fenrc,ry 6, 2:1:(11, Jtate P.dmlnistratfve Otfice, provit af aa - •fant applicaticn r:.: be :-.on:31—aed a h:.uhcic' t7a1 :ie p:adrair trc:m the in.7 ;,.-“d le:ter att6(:7hed Lticrricrd by Jrfrol.-h.:7 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. E.E ETIFT:T.L RE7SCZ -v'ED thc cchtf.htin of the pdsiti.f)n.5 thi gran: f.± crltingon: .Jpc;L f-_Inding, and .eoe .p t dd[nai LE 17 7:ETHER iL t :he Chaf.rpersor tne .ur.d :hat tI i.rcn may amenift!.L :tc-c IY.,percent vur-J.dnce fr=ti "A.2 FT:7E7P, th,at ef TZ'an'T di)i)s ,af ..ArtLy tc any bebul:t ao Put!iic Servicei; =IC fERVICES Public Services Committee Vote Motion carried unanimously on a roll call vote with Potter ana McGillivray absent GRANT REVIEW SIGN OFF — Circuit Court GRANT NAME: FY 7010 Panaily-FocuSed Juvenile Drug Court Program (SCAO) FUNDING AGENCY: State Court Administrative Office of Michigan DEPARTMENT CONTACT PERSON: Pamela Davis John Cooperrider 80247 / 80256 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 agreementfeotaract, Finance Conmiittee 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 (10/5/2009) Department of Haman Resources: Approved, — Cathy Sballal (10/9/2009) Risk Management and Safety: Approved per modified contract. — Andrea Plotkowski (10/29/2009) Corporation Counsel: After reviewing this grant contract, with the changes that SCAO made at our request, there appears to he no unresolved legal issues that require action at this time. — Karen Agacinski (11/2/2009) COMPLIANCE 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) littp://tvww.legjslature,ini t3he 'wb ev Ani1e .a ? a t—fiillSratus&obifetrialn c-2004-SB-0998 Drug Treatment Courts: The Ten Key Components littp://www.oip.uscloi,RoviBJAfaram/Drugcourts/DefiningfiC,pdf Federal Health Insurance Portability and Accountability Act of 1996 (111PAA, Title 10 http://www,ernslihs.goviHIPAAGeignfo/Down1oad91-11PAA1awdetait.pdf Department of Health and Human Services Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part 2) MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2010 GRANT CONTRACT 61h Circuit Court - Adult Grantee 38-6004876 Federal ID Number SCAO-2010-006 SCAO Contract Number $35,000 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 (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 comply with 2004 PA 224, the policies and procedures set forth in the amended application assurances, attached to this contract and administrative requirements for the program, and this contract. 1. Contract This contract ineoiporates the Grantee's approved grant request, amended assurances and final approved budget. The Court has fully advised SCAO of programmatic changes that are the result of administrative, economic and budget constraints, including the elimination of the prosecutor from regular team meetings. SCAO acknowledges that it has been advised of the changes and notwithstanding this information, awards this grant for drug court program expenses of participants who were in the program on or before September 30, 2009. SCAO has agreed that the Court is not required to submit a revised application and program description reflecting these changes. The Parties acknowledge that the actual program will differ from the program described in the application. 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 chiefjudge. The contract shall commence October I, 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 MDCOP 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. Min:gut Dnig Court Grant Program - FY 2010 5. Conduct of the Project A. The Grantee shall abide by all terms and conditions required bythe amended 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. 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 Michigan DrJg Court Grant Program—FY 2)10 3 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. 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 he 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 ement 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 H1PAA Michigan Drug Court Grant Program — FY20 tO 4 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 HIPAA and/or 42 CFR Part 2 requirements in the terms and conditions of the subcontract. 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 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. M ichigan DruL. Court Grant Progran: FY 2010 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 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 carded 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 ich gan Drug. Conn Grant Program —FY 2010 6 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, Rccordkeeping, 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. 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 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 Michigan Drug Court Grant Program —FY 2010 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. D. The Grantee's accounting system must maintain a separate fund or account that segregates MDCGA 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 SCAO 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 SCA() as Michigan Drug Court Grant Prograrn —FY 2010 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. 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 DCCMIS Data Validation and DCCMIS 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 incon-ect. These reports will be due February 15, May 15, August 15. and November 15. mic:ligan Drug Court Grant Program — FY 2010 9 Should a Grantee awarded funds for planning purposes become operational during the contract period, the Grantee will be responsible for submit:Mg 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. Renortin2 compliance: The Grantee is responsible for the timely submission of each required report as outlined in sections A, 8, and C above. If any report is 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 Fundir_kg 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. 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: hap ://w ww .cpexpress.statemi. us. idlaugar. rinig Cokirt Grant Progt-put — IY 2010 10 IS. 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. 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. Mick:gal] Drug Court Grant Program— IV 2(110 11 D. This contract may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCAO. 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. MCL 15.341 et 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) Nitchigan Drug Court Grant Program — FY 2010 12 ASSURANCES The Assurances attached to this grant contract amend, fully replace, and supersede the Assurances submitted to the SCAO by the Sixth Judicial Circuit Court as part of the Drug Court Grant Application for FY 2010. Applicant must provide assurance that there has been, appropriate consultation with all affected agencies in planning and implementation of the drug court program. Pursuant to 2004 PA 224, applicant is required to have a valid fiscal year 2009 memorandum of understanding with each local prosecuting attorney, a representative of the criminal defense bar, and a representative or representatives of community treatment providers, as well as any other parties considered necessary to successful planning and implementation. 2. Applicants must provide assurance that all treatment programs and providers used in the drug court program are licensed and/or accredited by appropriate state government or professional agencies. 3. Applicants must provide assurance of the intention of the jurisdiction to continue the program after funding from the Michigan Drug Court Grant Program (MDCGP) has been exhausted. 4. Applicants must provide assurance that all recipients of funding under this grant program are required to comply with nondiscrimination requirements contained in various federal and state laws. Each applicant court should have a copy of their Equal Employment Opportunity plan on file and available for review by the State Court Administrative Office upon request. 5. Applicants must assure that they and any subgrantees will not use funds from the Michigan Drug Court Grant Program for lobbying and that they will disclose any lobbying activities related to the Michigan Drug Court Grant Program, Recipients of funding under this grant agree that all expenditures, including personnel services, contractual services, and supplies, shall be in accordance with the standard procedures of their court. The grantee's accounting system must maintain a separate fund or account to support expenditures. Recipients of funding agree to maintain accounting records following generally accepted accounting principles for the expenditure of funds for purposes identified in the budget and any budget amendments. 7. State funds may not be used to replace (supplant) funds that have been appropriated for the same purpose. 8. Recipients of funding will assure that the Michigan Supreme Court, the State Court Administrative Office, the local government audit division of the Michigan Department ofTreasury, the State Auditor General, or any of their duly authorized representatives shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent financial transactions, accounting records, or other fiscal records related to this grant. Such records shall be maintained for a period of Five years after completion of the grant project or until all State Court Administrative Office audits are complete for the fiscal period, whichever is later. Recipients shall provide quarterly reports on the funds received and expended by the drug treatment court in the form required by the State Court Administrative Office. 9, Applicants agree to collect and provide program and participant data in the form and manner required by the State Court Administrative Office, and to participate in follow-up and evaluation activities. 10. Appiicants receiving awards from SCAO agree to utilize the SCAO Drug Court Case Management InformaCon System to manage drug court cases and report all data to SCAO pursuant to 2004 PA 224, § 1078. 11. Applicants who receive funding from the Michigan Drug Court Grant Program must follow the ten key components of drug courts developed by the National Association of Drug Court Professionals, Additionally, applicants agree to follow all applicable state laws, court rules, and administrative orders pertaining to the operation of drug courts and adjudication of related cases. 12. Applicants agree to participate in State Court Administrative Office required training including the Bureau of justice Assistance's Drug Court Placning Initiatives (DCPI). Courts that apply to DCPI training, but are not selected, must agree to participate in DCPI training if provided by the State Court Administrative Office during the funding year. 23, Ali recipients of funding under this grant program will ensure that violent offenders, as outlined in 2004 PA 224 and defined below, will be excluded from the drug court programs. a. "Violent offender" means an individual who meets either of the following criteria: i. Is currently charged with or has pled guilty to, or if a juvenile, is currently alleged to have committed or has admitted responsibility for, an offense involving the death of, or a serious bodily injury to any individual, or the carrying, possessing, or use of a firearm or other dangerous weapon by that individual, whether or not any of these circumstances are an element of the offense, or is criminal sexual conduct of any degree. Has one or more prior convictions for, or if a juvenile has one or more prior findings of responsibility for, a fels.nly involving the use or attempted use of force against another individual with the intent to cause death or serious bodily harm. 14. Applicants agree that if a federal 501(03 exists or is developed for drug court purposes, or if the drug court develops a partnership with an existing 501(03, that no employee of the court will be directly involved in the operations of the 501(c13. 15. The State Court Administrative Office may suspend funding in whole or in part or terminate funding for the following reasons: a. Failure to comply with the requirements of the grant program. which includes the submission of financial reports, quarterly data reports, and biannual progress reports within the required time periods. h. Failure to make satisfactory progress toward the goals or strategies set forth in this applitation. c, Failure to adhere to the requirements in the grant contract. d. Proposing or implementing substantial plan changes to the extent that the application would not have been selected for funding, e. Filing a false certification in this application or other report or document. f. Other good cause shown. 16. The individuals with express authority to act in the name of the applicant in the positions of project director, Financial director, and authorizing official should be the grant signatories. The signatures commit the applicant to the terms and conditions of the grant contract and attest to the accuracy of all information the applicant has supplied in the grant application or through oral report of programmatic changes that are necessary because of recent administrative, economic, and budget constraints. The project director is responsible for directing the implementation of the drug court grant project. The financial officer is the individual who is fiscally responsible for this project, and is responsible for accountability for the state grant funds. The authorizing official is the individual authorized by the court to enter into this agreement. The State Court Administrative Office prohibits the same individual from signing in more than one capacity. By signing the assurances form, the applicant court assures that it will comply with the requirements set forth in the grant application in order to receive funding under the Michigan Drug Court Grant Program. COURT NAME: Project Director (Name/Title) Project Director (Signature) Date: Financial Officer (Name/Title) Financial Officer (Signature) Date: Authorizing Official (Name/Title) Authorizing Official (Signature) 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 Wendy Lynn Potts Chief Judge 6th Circuit Court Courthouse Tower 1200 N. Telegraph Rd. Pontiac, MI 48341 RE: FY 2010 Michigan Drug Court Grant Program Award 6th Circuit Court - Adult Drug Treatment Court Dear Chief Judge Potts: We are pleased to inform you that your court is being awarded a grant in the amount of $35,000 from the Michigan Drug Court Grant Program (MDCGP) administered by the State Court Administrative Office (SCA% 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 only be 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 MDCOP 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 sccorg@courts.rni.gov , Sincerely, Asezi Dawn A. Monk cc: Mr. Gary Secor Ms. Deborah Green, Region' Administrator Mr. Kevin Oeffiier, Court Administrator Ms. Pamela Davis, Drug Court Project Director Ms. Marcia Travis, Drug Court Project Contact • Michigan Supreme Court State Court Administrative Office Michigan Hall of Justice P.O. Box 30048 Laosing, Michigan 48909 Phone (517)373-0128 Dawn A. Monk Deputy State Court Administrator July 16, 2009 Ms. Pamela Davis Drug Court Project Director Oakland County Circuit Court Courthouse Tower 1200 N. Telegraph Road, Dept. 404 Pontiac, MI 48341-0404 Re: Operation of the Adult Drug Treatment Court and the Juvenile Drug Treatment Court in Oakland County Absent Continued Prosecutor Support Dear Ms, Davis: During our recent discussion, you requested that the State Court Administrative Office (SCAO) outline what continued level of support we could provide to the Oakland County Adult Drug Treatment Court and the Juvenile Drug Treatment Court if the prosecutor is no longer involved in these programs after September 30, 2009, The SCAO supports drug treatment courts and is committed to assisting Oakland County in the continued operation of its drug treatment courts. As we indicated, Oakland County will continue to be eligible for grant funding from the Michigan Drug Treatment Court Grant Program to allow participants enrolled in the drug treatment courts prior to October 1, 2009, to complete the programs. We will need a list of all participants in the programs as of that date and the estimated graduation dates. Please feel free to contact me at 517-373-0128 if you have any questions or need additional information, Sincerely, 'ALL Dawn A. Monk cc: Chief Judge Wendy Potts Carl L. Grornek Richard Woods STATE OF MICHIGAN SIXTH JUDICIAL CIRCUIT OAKLAND COUNTY ORDER REGARDING THE ESTABLISHMENT OF AN ADULT TREATMENT COURT ADMINISTRATIVE ORDER 2009-01 IT IS ORDERED: This administrative order is issued in accordance with MCL 600.1060 et seq. In August of 2001, an Adult Treatment Court was established in the Sixth Circuit Court upon approval by the State Court Administrative Office (SCAO), All policies and procedures comply with the statute and are consistent with the 10 Key Components of Drug Treatment Courts promulgated by the National Association of Drug Court Professionals (see attachment A) as required by MCL 600.1060(c). The Court has entered into a Memorandum of Understanding (MOU) with each participating county prosecuting attorney in the circuit or district court district, a representative of the criminal defense bar, a representative of community treatment providers and other key parties pursuant to MCL 600.1062. The MOU describes the role of each party (see attached). 2. The Court has established eligibility criteria consistent with MCL 600.1064 and 600.1068. 3, In compliance with MCL 600.1064(3), no participant shall be admitted until a complete preadmission screening and substance abuse assessment are completed. All participants shall sign a voluntary written consent to participate in the program in conformance with MCL 600.1068(1)(d). 5. The Court shall maintain ease files in compliance with Trial Court General Schedule 16, the Michigan Case File Management Standards, and Part 2 of Title 42 of the Code of Federal. Regulations to assure confidentiality of treatment court records. 6. The Court has established, as part of its program requirements, procedures to assure compliance with IVICI. 600.1072 and 600.1074. 7. Pursuant to MCL 600.1078, the Court shall provide the SCAO with the minimum standard data established by the SCAO for each individual applicant and participant of the treatment court program, S. The Court shall use the Drug Court Case Management Information System (DCCMIS) to maintain and submit the minimum standard data as determined by the SCAO while receiving grant money from the SCAO. 9. The Court acknowledges that case disposition information regarding treatment court participation is unavailable from the Department of State driving record and criminal history record, and failure to use the DCCMIS will result in the absence of a complete record of treatment court participation in Michigan courts. 10. The Court acknowledges that it has completed the federal Drug Court Nanning Initiative training sponsored by the Bureau of Justice Assistance. in compliance with MCL 600.1062(3). IT IS FURTHER ORDERED: This order also establishes a Mental Health Treatment Track for the existing Adult Treatment Court in the Sixth Circuit Court as approved by the SCAO. The Court will collaborate with the Oakland County Community Mental Health Authority, Oakland County Office of Substance Abuse Services, Oakland County Sheriff's Department, the Oakland County Prosecutor's Office, Defense Counsel, Oakland County Community Corrections and others, to better serve individuals with diagnoses of mental illness, co- occurring disorders, developmental disability, or serious emotional disturbance. 1. All the above mentioned parties (along with other pertinent community agencies) have entered into an MOU with the Sixth Circuit Court. The MOU describes the role of each party (see attached). In the development of the program's policies and procedures, consideration was given to the ten essential elements of a mental health court as described by the U.S. Department of Justice, Bureau of Justice Assistance (see attachment B). 3. A multidisciplinary group of stakeholders participated in the planning and program design of the mental health treatment court. 4. Legal and clinical eligibility criteria are both clearly defined, policies to identify the target population have been developed, and those individuals responsible for referring participants have been trained to identify eligible participants. 5. Policies that facilitate timely participant identification, referral, and admission into the mental health treatment court have been developed. 6. Policies and procedures describing the program length, level of supervision, treatment plan development, requirements for successful completion, expulsion criteria, case disposition upon successful completion of the program, any sanctions, incentives, and other key program components are Date developed and will be explained to eligible participants as part of the terms of participation. 7. Guidelines to identify and expeditiously resolve any participant competency concerns have been developed. 8. Local evidence-based mental health and substance abuse treatment services and other ancillary services (e.g., medication compliance, housing and benefit issues, crisis intervention, peer and family support) have been identified and are available resources for program participants to utilize. 9. The Court shall maintain case files in compliance with Trial Court General Schedule 16, the Michigan Case File Management Standards. The Court has established procedures to ensure substantial compliance with Part 2 of Title 42 of the Code of Federal Regulations, and the Health Insurance Portability and Accountability Act (HIPAA) to safeguard the confidentiality of participants' medical records. 10. Each mental health treatment court team member and their roles are described in either the MOD or in the program manual. Each team member has completed training on working with individuals who have been diagnosed with a mental illness or developmental disability. 11. Policies and procedures on the methods and frequency in which the responsible individuals will monitor participant compliance with the program requirements have been developed. 12. Funding sources and local treatment service resources have been identified as part of the plan for sustaining the mental health treatment court. The plan also includes the collection of data for SCAO to use in conducting a process and outcome evaluation that may be used to demonstrate the effectiveness of the program and thereby help secure future funding. This Administrative Order is effective May 7,2009_ ATTACHMENT A The 10 Key Components of Drug Treatment Courts as Promulgated bx the National Association of Dru2 Court Professionals Key Component #1: Drug courts integrate alcohol and other drug treatment services with justice system case processing. Key Component 02: Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants due process rights. Key Component #3: Eligible participants are identified early and promptly placed in the drug court program. Key Component #4: Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. Key Component #5: Abstinence is monitored by frequent alcohol and other drug testing. Key Component #6: A coordinated strategy governs drug court responses to participants" compliance. • Key Component #7: Ongoing judicial interaction with each drug court participant is essential. Key Component #8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Key Component #9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. Key Component #10: Forging partnerships among drug courts. public agencies, and community-based organizations generates local support and enhances drug court program effectivenes. ATTACHMENT B The 10 Essential Elements of Mental Health Treatment Courts As Described by the Bureau of Justice Assistance (B3A) 1. Planning and Administration 2. Target Population 3. Timely Participant Identification and Linkage to Services 4, Terms of Participation 5., Informed Choice 6. Treatment Supports and Services 7, Confidentiality 8. Court Team 9. Monitoring Adherence to Court Requirements 10. Sustainability OAKLAND COUNTY ADULT TREATMENT COURT Probation Violation Track Memorandum of Understanding TABLE OF CONTENTS Purpose 1 Introduction 1 Mission Statement 7 Adult Treatment Court Program Description Eligibility. Screening 3 Confidentiality Admission Procedure 3 Sentencing Credit 3 Court Sessions 4 Sanctions 4 Relapse 5 Incentives Failure and Removal from Program Adult Treatment Court Team Roles and Responsibilities 6 Role of the Prosecutor 6 Role of the Defense Attorney 6 Role of the Defense Advisor 6 Defense Advisor Selection 7 Role of the Case Manager 7 Role of the Coordinator 8 Role of Substance Abuse Coordinating Agency 8 Role of Community Corrections 8 Role of Sheriff 9 Clerical Responsibility 9 Team Meetings Team Communication Treatment Stages 9 Stage One 10 Stage Two 10 Stage Three 1 Stage Four I 1 Evaluation 11 Understanding 12 ATC Probation Violation Track MOU Page I Rev. 03-24-04 OAKLAND COUNTY ADULT TREATMENT COURT Probation Violation Track Memorandum of Understanding Purpose This Memorandum of Understanding sets forth the plan, policies, staff roles, and procedures for the Oakland County Violation of Probation Adult Treatment Court. The program is designed to oversee the treatment and intensive probation of criminal defendants who violate their probation because of an addiction to alcohol and drugs. Introduction In 2001, sixty percent of all probationers nationwide successfully completed the terms of their probation and were discharged.' In Oakland County, seventy-five percent of all probationers successfully complete their probation. Of the remaining twenty-five percent of probationers, many violate the terms of their probation for reasons directly related to the probationer's drug and alcohol addiction and are subsequently sentenced to jail or prison. Studies show a strong correlation between effective substance abuse or addiction treatment and a reduction in crime,: Conversely, those who do not undergo treatment return to criminal activity. Unless the cycle of addiction can be broken, at least 45% of defendants convicted of a crime involving drug possession will commit similar crimes within 2 to 3 years. National studies indicate that 50% to 60% of drug users commit further crimes after being in prison. The same studies suggest that the adult criminal justice system's mission of ensuring public safety may be met more successfull -y without the expense of incarceration if structured treatment is incorporated into the individual's probationary sentence. Budgetary problems highlight the obvious fact that incarceration is an expensive, finite resource. Today, a jail bed costs $82.00 per day or S29,930 a year.3 This cost does not include any costs associated with post release supervision. The cost of a prison bed varies from $44.65 per day or 16,299 a year for a Level I minimum security facility to $102.34 per day or $37,354 per year for a Level 1V medium security facility although, as with the jail costs, these figures do not include the cost of building or maintaining the structure or any other capital expense associated with maintaining the facility!' Treatment Court programs cost an average of $29.00 per day or Bureau ofJusiice Statistics, U. S. Department of' Justice. Probation and Parole in the United States, 2001. 4 (2002). 2 Department offitstice Programs. Looking at a Decade of Drug Courts. (1998). It has been further suggested that the figure of .$29,930 does not take into consideration the cos; of bAding the jail as a physical structure or any similar capital expermes. A more accurate estimate of the total annual cost per incarcerated defendant is realistically closer to $45.000. Michigan Department of Corrections, 2001 Annual Report. "Expecting Excellence Every Day". 62 (2002). An average cost may be estimated by using the cost of a multi-level bed, This bed costs $58.45 per day or $21.335 per year. Rev. 03-24-04 ATC Probation Violation Track 1,101.5 Page 1 Si 0,585 per year and utilize existing programs and facilities available throughout the community. Experience with the existing Oakland County Adult Treatment Court shows that the initial treatment costs for participants are comparable to those associated with incarceration. However, treatment costs drop dramatically as drug and alcohol free participants leave residential facilities and develop the life skills needed to maintain a sober lifestyle. After leaving a residential facility there are supervision costs for probation of $1,600 per year.5 The societal and economic value of treatment courts increases as participants continue through the program. The cost savings include not only reduced program costs, but also reduced criminal and criminal justice activity, fewer substance abuse related health problems, and increased mainstream social interaction, including maintaining employment and paying taxes. Perhaps the greatest benefit of treatment courts is the opportunity to reclaim an individual lost to substance abuse. Mission Statement The Oakland County Sixth Circuit Court Violation of Probation Adult Treatment Court is designed to use alternative judicial proceedings for chemically-abusing or dependent, non- violent adul: felony offenders and probation violators. Recognizing that many offenders with substance abuse or dependency problems engage in criminal activity or violate the terms of their probation because of their abuse or dependence, the Adult Treatment Court works with participants to address these issues as an alternative to incarceration. Through judicial supervision and a continuum of treatment services with graduated sanctions which ensure community protection and safety, participants are successfully reintegrated into the community. The Adult Treatment Court seeks to accomplish its mission by: • Mandating judicially supervised treatment as an alternative to incarceration; • Educating substance-abusing offenders about the hazards of substance abuse; • Providing rigorous case management to ensure compliance with the treatment mandate; • Helping all participants maintain long-term recovery arid sobriety; • Reducing high-risk behaviors through health education; • Identifying and treating the health problems of high-risk offenders; and • Assisting participants with their vocational, educational or employment needs and goals. Adult Treatment Court Program Description Eligibility As a prerequisite to admission to the program, the defendant must be convicted of a non-violent offense, eligible for community supervision under the provisions of Oakland County's implementation of Public Act 511, and have no offense or parole holds. The eligible offender will have no assaultive felony convictions during his or her lifetime. Further, the defendant's probation violation must be for substance abuse related reasons. Further, the defendant must be presumptively placed in a sentence guideline straddle cell (example: 5 to 23 months on the minimum) likely to lead to incarceration. The eligible candidate must be eligible to servo at least 5 Michigan Department of Corrections. 2001 Annual Report, "Expecting Excellence Every Day, 62 (2007). Rev. 03-24-04 AR Probation Violatiun Track MOU Page 2 24 additional months on probation at the time of sentencing on the violation. While a new offense does not automatically exclude the defendant from consideration for the Adult Treatment Court, a new offense may result in a defendant being deemed ineligible for the program. In addition, the defendant must have a substance abuse problem, as verified by the NEEDS assessment provided as part of the PSIR, and be a resident of Oakland County. Finally, the defendant must have a reliable means of transportation. Screening When a defendant who is otherwise eligible for the Adult Treatment Court is referred for a PSIR, the Case Manager will arrange for defendant to complete a NEEDS assessment. If defendant is incarcerated, the Case Manager will arrange for a probation officer to administer the NEEDS assessment. If defendant is on bond, the Case Manager will contact the Coordinator who will - administer the NEEDS assessment. The Case Manager shall be notified of the results of the NEEDS assessment within one business day of the screening examination. The Case Manager shall verify a defendant's eligibility for the Adult Treatment Court with the probation officer preparing the PSIR, Confidentiality Participants in the Adult Treatment Court will waive confidentiality in treatment information with a signed waiver of confidentiality. The waiver allows all Adult Treatment Court team members full access to case records and the fruits of any investigations regarding the participant. Any statements made by a participant in the program shall not be used against him or her in any subsequent adversarial proceeding. However, spontaneous statements made by the participant, which refer to unrelated criminal activity and which are not directly related to the participation in the Adult Treatment Court program may be admissible in other criminal proceedings. Such admissibility shall be determined in an evidentiary hearing pursuant to the Rules of Evidence. Admission Procedure After the defendant is adjudicated responsible for the probation violation and a PSIR is prepared, on the same schedule as criminal eases generally, recommending defendant for admission into the Adult Treatment Court, the sentencing court shall offer defendant the opportunity to participate in the Adult Treatment Court. Recognizing the success of coercive treatment, the sentencing collie may order an eligible defendant into the Adult Treatment Court regardless of defendant's desire not to participate in the program.' When a defendant is sentenced and accepted into the Adult Treatment Court, the Court shall reassign defendant's case to the docket of the Adult Treatment Court Judge's docket for all further proceedings. This includes all Adult Treatment Court sessions and any proceedings arising out of the participant's success or failure within the Adult Treatment Court. Sentencing Credit A participant who is removed from the program and who is then sentenced to a term of incarceration may receive credit for time in custody, work release, boot camp, or time in a residential or alternative incarceration program that was part of' the Adult Treatment Court program in the discretion of the court and consistent with provisions of law. 6 Center for Sabstance Abuse Treatment, U. S. Deparunent of Health and Human SeMces, TIP Series 17. Mannino for AlcDhol and Other Dru Abtg ent for Adults in the Criminal Justice System, 9-10 (1945). Rev, 03-24-04 ATC Probation Violation Track MOU Page 3 Court Sessions Sessions of the Adult Treatment Court will include the admittance and orientation of new participants into the program in conjunction with progress reports of participants previously admitted into the program. Each session will be held in open court to monitor the participation and progress of participants. The Court shall alter case management plans for individual participants as needed and upon the advice of the Treatment Team. Conferences will generally occur every two to four weeks, depending upon the level of the participant's progress, participation, and addiction, The Case Manager may require the participant to appear before the Adult Treatment Court for an accelerated hearing depending upon the participant's progress within the program. The development of a probation violator track permits the Circuit Court to develop gender specific treatment programs. Gender specific treatment programs permit the Court, the treatment providers, and the participants to focus on the specific needs of the participants.7 For example, women often avoid treatment because of concerns for either child protective proceedings or further involvement with the criminal justice system!' Likewise, many women enter treatment with unresolved medical issues, a history of physical and/or sexual abuse, and childcare coneerns.q By developing gender specific treatment tracks, the Adult Treatment Court will focus more specifically and consistently on issues that challenge the participant's recovery. Thus, the Adult Treatment Court will work with the participant population on a gender-segregated basis. Sanctions The Adult Treatment Court program must include established graduated sanctions that will be applied as an immediate and direct consequence of a participant's noncompliance with program expectations, The Adult Treatment Court Judge will apply graduated treatment sanctions to assist participants in complying with the program. Sanctions shall include: • Increased drug. testing; • Community Service; • Increased frequency of court appearances before the Adult Treatment Court Judge; • Increased monitoring and/or fines; • Commitment to a community residential facility for a specified period of time; • Demotion to an earlier stage with increased supervision; and • Incarceration. Violations will be sanctioned in accordance with the sanctioning guide approved by the Adult Treatment Court team and the Chief Judge. ' Center for Substance Abuse Treatment, U. S. Department of Health and Human Services, TIP Series 27, Com rehensive Case Mara ement for Substance Abuse Treatment, 55 —57 (2001), '3 Planning for Alcohol and Other Drug Abuse Treatment for Adults in the Criminal Justice System, 18 — 20. 9 Planning for Alcohol and Otlie:- Druu. Abuse Treatment for Adults in the Criminal Justice System. 18 — 20. AT (2 Probation Violation Track Ma; Rev: 03-24-04 Page 4 Relapse The targeted offender population will occasionally "use" (i.e. return to alcohol or drug use). Six (6) verified "uses" will automatically result in a hearing before the Adult Treatment Court Judge who will decide whether the participant may continue in the Adult Treatment Court program. In addition, four (4) verified "uses" occurring in any stage of the program will result in a hearing before the Adult Treatment Court Judge to decide whether the participant may continue in the Treatment program. Because the participant may face incarceration if removed from the program, the participant shall be represented by counsel at the hearing. The hearing to determine a participant's continued program participation following either four or six verified uses does not and is not expected to replace any approved program sanction. Incentives Incentives may be recommended by treatment staff or the Treatment Team and are granted at the Judge's discretion for particular accomplishments in treatment. The incentive system is critical to the Adult Treatment Court operation. When the opportunity arises, the Court will seek to support treatment through positive reinforcement. Some methods are built into the process and are not event driven, In-court acknowledgment and early calendaring are examples. Other, more specific, incentives arc given less frequently when a participant has reached a treatment milestone, such as the advancement to the next program stage. Failure and Removal from Program If. during the period of participation in the program, a participant is charged with a new felony, demonstrates assaultive conduct, relapses pursuant to the above section, or refuses to enter into or continue in a mandated treatment program or modality, the Adult Treatment Court Judge shall conduct a probation violation hearing to decide whether the participant may continue in the Adult Treatment Court program. Both the People and the participant shall be represented by counsel other than the Defense Advisor at the hearing. After twice absconding from the Adult Treatment Court program and being sanctioned therefor, a participant may be given one further opportunity for success in the Adult Treatment Court program. Should the participant be sanctioned again, the participant shall be expelled from the program. The failure shall be treated as a violation of probation and the matter shall be scheduled before the Adult Treatment Court Judge for probation violation hearing. If a participant is removed from the Adult Treatment Court, the removal shall be deemed to be a violation of the terms of probation. If a hearing has not already occurred, the Probation Department shall petition the Adult Treatment Court Judge to order the participant to show cause why the participant should not be found to be in violation of the terms of probation. If the Adult Treatment Court Judge finds the participant violated the probation, it shall terminate the probation and sentence the participant in accordance with a ASIR prepared by the Probation Department. ATC Probation Viciation Track MOU Pare 5 Rev. 03-24-04 Adult Treatment Court Team Roles and Responsibilities Role of the Prosecutor Once a participant enters the Adult Treatment Court. the Prosecuting Attorney will have a non- traditional role that will include: • Appearing at all pretrials, probation violation hearings and sentencing hearings before, during, or after the participant's entry into the Adult Treatment Court; • Participating in training Oakland County attorneys in Adult Treatment Court procedures; • Monitoring the effectiveness of treatment programs and Adult Treatment Court sanctions; • Joining effort with other principals in Adult Treatment Court to achieve community understanding and support for the program; and • Continuing improvement of the structure, goals, and operation of the Adult Treatment Court. The Prosecuting Attorney will make every practical effort to provide full discovery, including a copy of defendant's criminal history, to Defense Counsel at or immediately following defendant's arraignment on a bench warrant or appearance on order for show cause alleging a probation violation. Role of the Defense Attorney In preparing for a probation violation hearing, the Defense Attorney will review the file and interview defendant to determine defendant's eligibility for the Adult Treatment Court. If defendant is found responsible for the alleged violation, counsel will discuss all potential sentencing options. including the Adult Treatment Court, with defendant. Counsel will represent defendant at all adjudicative stages before and, as necessary, after defendant enters the Adult Treatment Court. Because the Adult Treatment Court is an intensive probation program, appointed counsel will be discharged upon a defendant's entry into the program. While the defendant participates in the Adult Treatment Court, the Defense Advisor will represent the defense perspective on the Treatment team. Role of the Defense Advisor The Defense Advisor in the Adult Treatment Court will not have a traditional attorney-client relationship with participants in the ATC. Each participant shall sign a waiver of the attorney- client relationship with the Defense Advisor before entering the ATC. At all times, the Defense Advisor shall act according to the Michigan Rules of Professional Conduct. The Defense Advisor will assist and advise the Adult Treatment Court Program in the following manner: • Consult with initially retained or assigned counsel on the operations of the Adult Treatment Court; • Make every reasonable effort to keep participants in the program: • Provide non-confidential legal advice to participants relative to the Adult Treatment Court during participation in the program; ATC Probation Violation Track MOT.T Page 6 Rev. 03-24-04 • Participate in all meetings of the Adult Treatment Court and its staff and be present during Adult Treatment Court sessions: • Work to continuously improve the stnteture, goals, and operation of the Adult Treatment Court; • Participate in training of Oakland County attorneys in Adult Treatment Court procedures • Be consistently knowledgeable about available treatment programs, facilities, and personnel; • Represent the defense perspective in interaction with the Court, the Prosecuting Attorney, treatment facilities, the Probation Department, law enforcement, legislative bodies, and the media; and • Join with other principals in the Adult Treatment Court program to achieve community understanding and support for the Adult Treatment Court. Defense Advisor Selection The parties to this Memorandum of Understanding will engage in a joint effort to secure sufficient funds to underwrite the retention of a Defense Advisor and an alternate to function in the Adult Treatment Court. One person shall be selected by each of the following organizations to serve on an interview committee: • The Sixth Circuit Court Criminal Assignment Committee; • The Oakland County Bar Association Criminal Law Committee; and • The Adult Treatment Court Planning Committee. The interview committee will screen and interview applicants for the position of Defense Advisor and recommend up to four (4) persons for final consideration. The Chief Judge for the Oakland County Circuit Court will choose the Defense Advisor and the alternate. The Defense Advisor and alternate will serve a two-year term. The Chief Judge may, at his or her option, extend the term pursuant to Oakland County's procurement policies, upon recommendation by the Oakland County Prosecutor, Oakland County Sheriff, Chief Probation Officer, Oakland County Health Division's Chief of Substance Abuse, Oakland County Community Corrections Manager and the President of the Oakland County Bar Association or its designee. Role of the Case Manager The Case Manager will be a Probation Agent for the Sixth Circuit Court Probation Department who will closely monitor each participant through all stages for the program. The Case Manager will obtain an appropriate release from each prospective participant as part of the participant evaluation before the individual enters the program. The Case Manager will also review the program, the participant's rights and obligations, and the graduation requirements with the participant as part of the program orientation. The Case Manager will include a Waiver of Rights form signed by the participant and his or her attorney indicating his or her decision to participate in the Adult Treatment Court. ATC Probation Violation Track MOLT Pe 7 Rev. 03-24-64 The Case Manager will also be responsible for assuring that the eligible offender completes a NEEDS assessment 1'j as part of the preparation of the Pre Sentence Investigation Report (PSIR). The results of the NEEDS assessment for a qualifying offender will be shared with the Office of Substance Abuse Services, the Adult Treatment Court, and treatment providers, as required to provide appropriate treatment after the Waiver of Rights has been signed by the participant. Based on information in the NEEDS assessment, the Case Manager in conjunction with treatment professionals will develop a supervision plan for the participant which delineates the goals the individual must reach to successfully complete each program phase and graduate from the Adult Treatment Court. Case Managers will participate in all meetings concerning the participant and attend gatherings of the Adult Treatment Court. Role of the Coordinator The Adult Treatment Court Coordinator will work jointly with the Adult Treatment Court programs. The Coordinator will perform the following functions: • Attend and participate in Adult Treatment Court team and business meetings; • Recruit, train, and supervise the Adult Treatment Court staff and interns; • Coordinate weekly gatekeeping functions to identify new program candidates; • Schedule and attend all pre-hearing conferences and status review hearings; • Compile and collect documentation concerning the participant's progress and supply the information to the Adult Treatment Court as required; • Act as liaison to the Office of Substance Abuse Services and any sub-contractors regarding service delivery issues, reimbursement, caseflow, etc.; • Work with treatment funding agencies to maintain quality control over treatment and testing providers through a variety of activities; • Develop and maintain a procedural manual for program operations; • Create and maintain a data collection system to monitor program compliance, meet grant reporting requirements, identify trends and provide a basis for evaluation; • Preparation of court files for Adult Treatment Court Sessions; • Participate in on-going evaluation of program effectiveness and recommend improvements as appropriate; and • Assist with communications to community stakeholders, judges, and funding sources regarding program status. Role of Substance Abuse Coordinating Agency Oakland County Health Division/Office of Substance Abuse Services (OSAS) shall participate in the selection and supervision of all treatment providers. Based upon the results of the NEEDS assessment, OSAS shall recommend treatment placement for participants. Role of Community Corrections The Oakland County Community Corrections Division shall provide funding support to the Adult Treatment Court for those offenders who meet Public Act 511 eligibility and are diverted from prison as a result of their participation. The NEEDS assessment provides a measurement of nine relevant domains including substance and alcohol abuse and establishes a Level of Care Index based upon the American Society of Addiction Medicine criteria. ATC Probation Violation Track MOU Page 8 Rev. 03-24-04 Role of Sheriff The Oakland County Sheriffs Office shall attend sessions of the court as requested by the ATC judge. The Oakland County Sheriffs Office shall also provide staffing sufficient to assure the safe custody of program participants as may be ordered by the court and transportation of in- custody participants as necessary for court appearances. Clerical Responsibility Court staff will provide clerical support. Clerical support includes preparation and maintenance of court files, courtroom calendars, computer entries, and collection of data to document the activities of the Adult Treatment Court. All docket entries shall follow common court practices and protocols. Because Adult Treatment Court sessions are part of the participant's intensive probationary process, they will not be recorded on the register of actions. Team Meetings The Adult Treatment Court Team shall consist of the judge, the prosecutor, the defense advisor, the case manager, a treatment provider, and the coordinator. Because the status reports of treatment providers are deemed critical vviten evaluating a participant's progress in the Adult Treatment Court, treatment providers will consult with and/or participate in team meetings on invitation of the team. The deliberations of the team shall be confidential, except that team members may share information with representatives of their agency or office as required to ensure continuity in case management and policy development. The coordinator is expressly authorized to share information with counsel for a program participant to provide a defense to a probation violation hearing. Team Communication It is the intent of the parties to this Memorandum of Understanding that all substantive communications should be to all Adult Treatment Court team members simultaneously. Team meetings or telephonic and/or electronic communications best accomplish simultaneous sharing of information. Ex pane communications with the Court on the merits of a matter by defense, prosecution, or treatment personnel will not occur. However, consistent with People v Smith, 423 Mich 427 (1985), The probation officer may consult with the judge outside the presence of defense counsel." This communication is essential in maintaining records and furthering the court's regular business. Treatment Stages The Adult Treatment Court offers participants a comprehensive and integrated drug treatment and rehabilitation service supervised by the Adult Treatment Court Judge. Individualized treatment will consist of four stages. Each stage will have specific treatment objectives, therapeutic and rehabilitative activities, and requirements for graduation. The Adult Treatment Court team, together with selected treatment agencies and the Substance Abuse Coordinating Agency will implement standards developed for this program. These standards will guide the treatment "Stages". ATC Probation Violation Track MOT: Page 9 Rev. 03-24-04 Stage One Stage One is established to engage the eligible participant in the treatment process. Upon acceptance into the program, with all waivers signed, and based on the NEEDS assessment data and/or Office of Substance Abuse Services approval, the participant will: • Be assigned to one of the funded/licensed substance abuse Outpatient, Intensive Outpatient (10P) or Residential substance abuse treatment programs participating with the Adult Treatment Court; • Attend treatment sessions as established in the individualized treatment plan approved by the Adult Treatment Court; • Submit to drug/alcohol screens two or three times a week at a prescribed location • Attend Adult Treatment Court on a hi-weekly basis; • Meet with the Adult Treatment Court Case Manager weekly; • Attend 45 treatment meetings in 90 days; • Have an AA or NA sponsor by the end of the 90-day period; and • Follow through with other referrals for specialized treatment or intervention programs. This stage is designed to last a minimum of 4 months. Depending on the individual's treatment plan and his or her success, the Judge, with the advice and counsel of the treatment provider and team members, will decide when to move the participant to Stage Two. A participant is to remain without a Level A program sanction for four (4) consecutive months. Stage Two Stage Two continues the treatment component described in Stage One with less intensity. The participant will: • Step down to the next level of treatment (i.e. 10P, Outpatient or Aftercare treatment) upon recommendation by the treatment provider and Adult Treatment Court team; • Submit to random drug/alcohol screens as prescribed by the treatment provider or the Step-Forward program and ease manager (usually weekly); • Meet with the Adult Treatment Court case manager at least once a month, or as otherwise delineated; • Attend the Adult Treatment Court every third week or as directed; • Attend treatment meetings at least three times a week; • Provide verification of the participant's AA or NA sponsor to the Adult Treatment Court; • Begin restitution payments, if applicable: • Follow through with other referrals for specialized treatment or programs; and • If unemployed. or employed part-time, seek full time employment or enroll in school (high school GED, trade school, or college) as a full time student. This stage is designed to last 3 - 4 months, depending on the participant's individualized treatment plan. Drug/alcohol screens must not be less than twice a month at this stage. The Judge, with the advice and counsel of the treatment provider and team members, will decide when to move the participant to Stage Three: ATC Probation Violation Trak:k MOU Page 10 Rev. 03-24-04 Stage Three Stage Three builds on the participant's treatment success and begins integrating the participant into society. The participant will: • Step down to the next level of treatment (i.e. Outpatient to Aftercare) on recommendation by the treatment provider and the Adult Treatment Court team; • Submit to random drug/alcohol screens at least once monthly as prescribed by the treatment provider, the Adult Treatment Court team and Step-Forward; • Meet with the Adult Treatment Court case manager monthly; • Attend the Adult Treatment Court at least once a month; • Attend treatment meetings at least three times every week; • Provide a report from the AA or NA sponsor to the Adult Treatment Court Judge once every month; • Provide documentation of full-time school enrollment or employment; and • Continue payment toward restitution. This stage is designed to last 3 - 4 months, again depending on the individual's treatment plan. The Judge, with the advice and counsel of the treatment provider and team members, will decide when to allow the participant to graduate to Stage Four. Stage Four Stage Four is designed as aftercare, lasting 3-4 months, depending on the progress of the participant. Approximately one month before graduation, the participant will return to weekly drug/alcohol screens. The Case Manager will secure a LEIN check to ensure the participant has not been charged with a new offense. The Judge, with the advice and counsel of the treatment provider and team members, will decide when to allow the participant to graduate from the program. Before graduation can occur, the participant must have at least four consecutive months of negative (clean) alcohol and drug testing. Evaluation Under terms of the State Court Administrative Office grant under which this program began, the Adult Treatment Court must allow representatives of the Michigan Supreme Court and the Supreme Court Administrative Office to evaluate, audit, inspect and monitor operation of the court. An independent evaluator may be selected to assist in this evaluation. Process evaluation ni easures will gauge the effectiveness of the program by determining: • Whether the project, as designed, has been implemented; • How team members are functioning together; • Whether participant needs are being served, and how often; • If the procedures for status review hearings are operating smoothly; • Whether offenders were effectively engaged in the program (i.e. retention rates, uses of sanctions): • Program impact, including statistics comparing information relevant to recidivism: and • Other relevant infomation as identified by the evaluator ATC Probation Violation Track NICIL: Page 11 Rev_ 03-24-04 Date: 3 • 3-• "ii•--04./ Date: Date: R. i)ittna Bare Dc:i-crse Advisor d" • fst7, AlAirA Michael Bouchiad Oakrand Count). Shcnl . David G. GOXVCa Oakland County ProsecutinL! Attorney Datc: Understanding Mcmorar,42um kr.' I. ndersLniding represents the auecmcnt of:the parties listed below the optttioti of'the Adult Treatment Coun. Modifications to the operation or the Ad t:J. T%titinei:t Cour that impact We roles, ;:nroeedures. philosophy and policies dese:ibed shd: not be implemonted without written amendi tient to this Memorandum of Understanding. i.zutcc.1, h.,: the onEtinal simator:es o:- thcir desiunecs. The Pi ohation ioahon Mcmorandum Lii-C,erstancling snail be read in conjunction with the original Memorandum or Understand in entitled Oaklind County Adult DruL,, Treafment Co.irt l en oranduii 01 Understundin. 1 1 1 t Wendy L. Potts, Chiefludi „ . Oaklarkl L:0:.1111V Ciiut ccart Kennctli Aud. C1iicf Probation °Teo - Oakland County Pro`bation Dept, Date: 3-Soe°9" ../ . ./ . ,/ . „ .....` . y, :.,. ' ---, ....„ -,, ..e.,„. _ Date: ,..._, "-- Barbara Hankev, Manager Oakland Coanty Conununity Co:lecti6ns , , 1,---- ,-- '-----1- !i''• ,:-/ '' T.-. - / i1 )i-i Sandra I.. Kr.)s -'..k Oakland County I ici .,=,th Division.' Office or Substanc,2 Abuse . A 11 . Eic.oi.r...tor2 1 rack \TN: Date: • - Rev. 03-'24-W ,ATC Pro 4tion Violation Track N101.; P. gc 13 Rev. 03-'24-W ,ATC Pro 4tion Violation Track N101.; P. gc 13 Gala Pir From: VarPelt, Laurie [vanpoltI©oakgov.corn] Sent: Monday, October 05, 2009 9:38 AM To: Gala'; 'Davis, Patricia`; 'Secontine, Julie'; 'ShaHal, Cathy' Cc: 'Cooperrider, John'; 'Davis, Pamela': •Riegal, Robert F 0' Subject: RE: Grant Review: Circuit Court - Family Division - Farnly-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance Approved. ---Original Message-- From: Pk, Gaia [mailto:piirg4oakgov.corn] Sent: Friday, October 02, 2009 4:51 PM To: VanPett, Laurie", 'Davis, Patricia'; Secontine, Shallai, Cathy Cc: tooperrider, John'; 'Davis, Pameld; 'Riegal, Robert F Subject: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court — Family Division, Family-Focused Juvenile Drug Court Program (SCAO) Michigan Drug Court Grant Program — State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 9, 2009 GRANT INFORMATION Date: October 2, 2009 • Operating Department: Circuit Court — Family Division Department Contact: Pamela L. Davis and John Cooperrider Contact Phone: 858-0247 and 858-0256 Other ID Number: SCAO-2010-007 REVIEW STATUS: Acceptance — Resolution required Funding Period: October 1,2009 to September 30, 2010 New Facility / Additional Office Space Needs: None _ IT Resources (New Computer Hardware / Software Needs or Purchases): None IvIWDBE Requirements: No Funding Continuation/Ncw: Continuation Application Total Project Amount: $510,348 Prior Year Total Funding: $508,823 New Grant Funded Positions Request: None Changes to Current Positions: Continuation of positions 409711, 409712. #09835, #10677 Grantor Funds: $29,250 Total Budget: $510,348 ($460,080 funded through Child Care Fund & BJJ Grant and In-Kind) Match and Source: None required; please refer to contract budget detail for other support Information. Gala Pik From: Shaiial, Cathy [shallaic@cakgov.cornj Sent: Friday, October 09, 2000 4:42 PM , To: 'Piir, Gaia'; 'VanPeit, Laune'; 'Davis, Patricia'; sSecontine, Juier . . Cc: 'Cooperrider, John': Davis, Pamela'; 'Regal, Robert F 0' Subject: RE: Grant Review: Circuit Court - Family Division - Farriliy-Focuted Juvenile Drug Court Program (SCAO) - Grant Acceptance tpproved Original Message From Piir, Gaia [mailto:piirg@oakgov.corn } Sent Friday, October 02, 2D09 4:51 PM To; 'VanPelt, Laurie`; 'Davis, Patricia'; 'Secontine, Julie'; Shelia!, Cathy Cc: 'Cooperrider, John'', 'Davis, Pamela'; 'Riegel, Robert F D' Subject Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drag Court Program (SCAO) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court — Family Division, Family-Focused Juvenile Drug Court Program (SCAO) Michigan Drug Court Grant Program — State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this ernaii. Time Frame for Returned Comments: October 9, 2009 GRANT INFORMATION Date: October 2, 2009 Operating Department: Circuit Court Family Division Department Contact: Pamela L. Davis and John Cooperrider Contact Phone: 858-0247 and 858-0256 Other ID Number: SCAO-2010-007 REVIEW STATUS: Acceptance — Resolution required Funding Period: October I, 2009 to September 30, 2010 New Facility I Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): .None IvIWDBE Requirements: No Funding Continuation/New: Continuation Application Total Project Amount: $510,348 Prior Year Total Funding: $508,823 New Grant Funded Positions Request: None Changes to Current Positions: Continuation of positions #09711, #09712, #09835, 10677 Grantor Funds: $29,250 Total Budget: $510,348 (S460,080 funded through Child Care Fund & FLU Grant and In-Kind) Match and Source: None required; please refer to contract budget detail for other support information. Gala Piir From: Plotkowski, Andrea [olotkowskia©oaktiov.corn] Sent: Thursday, October 29, 2009 4:54 PM To: 'Pk Oaf a; 'Easterling, Theresa' Cc: Sandy Johnson Subject: RE: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance, RM09-0297 Approved per modified contract. Andrea Plotkowski --Original Message From: Pfir, Gaia [mailto:piirg@oakgov.coml Sent: Thursday, October 29, 2009 9:10 AM To: 'Easterling, Theresa', 'Plotkowski, Andrea' - Subject: FW: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance ----Original Message From: Piir, Gala [mailto:piirg@oakgov.corn } Sent: Friday, October 02, 2009 4:51 PM To: 'VanPelt, Laurie', 'Davis, 'Secoritine, Shallair Cathy Cc: 'Coopen-ider, John', 'Davis, Pamela', 'Riegel, Robert F D' Subject; Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal Julie Secontine— Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court — Family Division, Family-Focused Juvenile Drug Court Program (SCAO) Michigan. Drug Court Grant Program — State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 9, 2009 GRANT INFORMATION Date: October 2, 2009 Operating Department: Circuit Court — Family Division Department Contact: Pamela L. Davis and John Cooperrider Contact Phone: 858-0247 and 858-0256 Other ID Number: SCAO-2010-007 REVIEW STATUS: Acceptance — Resolution required Funding Period: October I, 2009 to September 30, 2010 New Facility Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None M-WDBE Requirements: No iaia Pir ,rom: Agacinski, Karen Iagadoskik@oakgov.com ] ;ent: Monday, November 02, 2009 10:24 AM ro; 'Gala 'Secontine, Julie'; Shallal, Cat* VanPeEt, Laurie; Davis, Pamela; Davis, Patricia; 'Riegel, Robert F 0'; lohn cooperrider (cooperriderj@oakgov.com )' subject Grant Review; Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance tkINT INFORMATION ?erating Department; Circuit Court - Family Division partment Contact: Pamela L. Davis and John Cooperrider )ntact Phone: 858-0247 and 858-0256 ther ID Number: SCAO-2010-007 inding Period: October 1, 2009 to September 30, 2010 ew Facility I Additional Office Space Needs: None ' Resources (New Computer Hardware I Software Needs or Purchases): None LAMBE Requirements: No unding Continuation/New: Continuation .pplication Total Project Amount: $510,348 nor Year Total Funding: S508,823 lew Grant Funded Positions Request: None :hanges to Current Positions: Continuation of positions #09711, #09712, #09835, #10677 cantor Funds: $29,250 'otal Budget: 5510,348 ($460,080 funded through Child Care Fund & BJJ Grant and In-Kind) /latch and Source: one required; please refer to contract budget detail for other support information. PROJECT SYNOPSIS fhis review is submitted to continue the Juvenile Drug Court in Oakland County. Entitled Options, this family-focused tivenile drag treatment court graduated 69 youth since its inception. This post-adjudication program targets severely zubstance abusing youth that are non-violent repeat offenders, charged with alcohol and controlled substance related violations. Clients are expected to participate in a 12-15 month program consisting of three, 12-week phases and an Aftercare component. REVIEW STATUS; Acceptance - Resolution required After reviewing this grant contract, with the changes that SCAO made at our request, there appears to be no unresolved legal issues that require action at this time. Karen P. Agacinski, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3x1 Floor Pontiac, MI 48341 Phone Number: (248) 858-8677 Fax Number (248)858-1003 E-mall:aLgagir,iliagatcgov.corn LasszazQEQ_Ana_c_of 1D-Elsa1A_L_7_AT_0RNEY. This o-mail is intended only for those persons to whom it is specifioally addressed. It is confident a: and is protected by the attomey-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify th% privilege in anyway. ndividuals are advised that any dissemination, re.produotion or unauthorized review of this information by persons Other than those listed above may constitute a waiver of this privilege and is' therefore prohibited. If you have received this message in error, please notify the .sender immediately. !1 you have any cuegtions, please contact the Department of Corporation Counsel at (24S) 858-0550. Thank you for y our cooperation. OAKLAND COUNTY ADULT TREATMENT COURT Memorandum of Understanding TABLE OF CONTENTS Introduction Mission Statement . 2 Adult Treatment Court Program Description Eligibility Screening 2 Confidentiality . Discovery . 3 Defense Counsel Responsibility 3 Admission Procedure 4 Sentencing Credit 4 Court Sessions 4 Sanctions Incentives 5 Failure and Removal from Program 6 Adult Treatment Court Team Roles and Responsibilities 6 Role of the Prosecutor 6 Role of Defense Advisor 7 Defense Advisor Selection 7 Role of Case Manager 8 Role of Coordinator Role of Substance Abuse Coordinating Agency 8 Role of Community Corrections 9 Role of Sheriff Clerical Responsibility q Team Meetings 9 Team Communication 9 Treatment Stages Stage One: 10 Stage Two . 10 Stage Three: II Stage Four: 11 Evaluation 11 ATC (Track I) MOU Page i Rev. 03-24-04 OAKLAND COUNTY ADULT TREATMENT COURT Memorandum of Understanding Introduction Studies have shown' a strong correlation between effective substance abuse or addiction treatment and a reduction in crime. Conversely, those who do not undergo treatment will return to criminal activity. Unless the cycle of addiction can be broken. at least 45% of defendants convicted of a crime involving drug possession will commit similar crimes within 2 to 3 years. National studies indicate that 50 to 60% of drug users commit further crimes after being in prison. The same studies suggest that the adult criminal justice system's mission of ensuring public safety may be met more successfully without the expense of incarceration if structured treatment is incorporated into the individual's probationary sentence. In 1999 the Oakland County Circuit Court processed approximately 5,575 felony offenders. Of these 54% (3,010) were non-violent offenders who received a probationary sentence or a jail term followed by probation. Many, over 58% (1,746), have orders of probation that prohibit alcohol or drug use. Despite such common prohibitions, a recent MDOC study reports that 32.6% of these same offenders test positive for alcohol or drug use while on probation. Consequently . . . criminal justice systems around the county have adopted intermediate sanctions, such as Drug Court, that incorporate substance abuse treatment into the continuum of sentencing choices. Presently, jail space is both very expensive and extremely limited. It costs $82 a day or $29,930 each year, simply to house an offender in the Oakland County jail without focusing On keeping him out of the criminal justice system upon release 2. In today's climate, reducing such costs to taxpayers is a critical concern. The cost of putting a participant through the Treatment Court program. at approximately $29 per day, is far less than that of conventional incarceration. We have observed existing drug courts first hand and have examined voluminous materials published on adult treatment courts. We are optimistic that our Oakland County experience will reflect drug court successes across the Country, which can be measured by decreased drug use and recidivism. 2 It has been further suggested that the figure of $29,930 does not take into consideration the cost of building the jail as a physical structure, or any similar capital expenses. A more accurate estimate of the total annual cost per incarcerated offender is realistically closer to $45,000. 1 Department of Justice Programs. Looking at a Decade of Drug Courts. 1998. ATC (Track 1) MOU Pace 1 Rev. 03-24-04 Mission Statement The Oakland County Sixth Circuit Adult Treatment Court is designed to use alternative judicial proceedings for chemically abusing or dependent, non-violent adult felony offenders. Recognizing that many offenders with substance abuse or dependency problems are engaged in criminal activi ty because of their abuse or dependence, the Adult Treatment Court works with them as an alternative to incarceration. Through judicial supervision and a continuum of treatment services with graduated sanctions to ensure community protection and safety, offenders are successfully reintegrated into the community, The Adult Treatment Court seeks to accompAsh its mission by: • Mandating substance-addicted offenders to judicially supervised treatment as an alternative to incarceration; • Educating substance-abusing offenders about the hazards of substance abuse; • Providing rigorous ease management to ensure that each participant complies with the treatment mandate; • Curbing substance abuse and helping all participants maintain long-term recovery and sobriety; • Through health education, reducing high-risk behaviors and identifying and treating the health problems of high-risk offenders; and: • Assisting participants with their vocational, educational or employment needs. Adult Treatment Court Program Description Eligibility As a prerequisite to admission to the program, the defendant must be charged with a non-violent offense for which community supervision is available under the provisions of Oakland County's implementation of Public Act 511, Further, the defendant must be presumptively placed in a sentence guidelines straddle cell likely to lead to incarceration. An eligible participant must have a reliable means of transportation and be a resident of Oakland County. Other factors such as the circumstances of the current offense, and/or the prior criminal history of the defendant may result in the defendant being deemed ineligible, The Prosecuting Attorney is the final arbiter of eligibility for the program. Screening At the outset of the Warrants Division review of a case. the Prosecuting Attorney shall screen the matter for PA 511 offense eligibility. . The prosecutor's file and court related documents will be marked to indicate this preliminary determination of defendant's eligibility. Pre-trial Services will screen all in-custody defendants for potential eligibility within 48 hours of arrest. ATC(Track 1)MOU Pe 2 Rev. 33-24-04 Pre-Trial Services will also screen non-custody defendants for potential eligibility within 48 hours of a request to do so from the court, the prosecuting attorney, law enforcement or counsel for the defendant. Screening shall be done by administration of NEEDS assessment.3 Pre-trial Services shall notify the prosecuting attorney of screening results within one business day of the screening examination. The prosecutin2. attorney shall reaffirm or deny eligibility within 48 hours of receipt of screening results from Pre-trial Services. Confidentiality Participants in the Adult Treatment Court will waive confidentiality via a signed waiver process. This allows all Adult Treatment Court team members full access to ease records and the fruits of any investigations. Any statements made by a defendant participating in the program shall not be used against him or her in any subsequent adversarial proceeding. However, spontaneous statements made by the defendant which refer to unrelated criminal activity and which are not directly related to the defendant's participation in the Adult Treatment Court program, may be admissible in other criminal proceedings and such admissibility shall be determined in an evidentiary hearing pursuant to the Rules of Evidence. Discovery The prosecuting attorney will make every practical effort to provide full discovery (including a copy of defendant's criminal history) to defense counsel at or immediately following defendant's arraignment in district court. Defense Counsel Responsibility Defendant's counsel will expeditiously review the file, interview defendant and determine whether to proceed in a traditional adversarial manner or to forego those procedures in favor of seeking admission to the prog,ram.4 (Generally defense counsel will have the interim between the ' The NEEDS assessment provides a measurement of nine relevant domains including substance and aloonol abuse and establishes a Level of Care Index based upon the American Society of Addiction Medione criteria. Defense counsel must timely and thoroughly review the file including client statements, searches, search warrant returns, line ups, physical evidence, police reports, witness statements and scientific reports; interview the client and determine whether a preliminary examination should be held, motions filed or hearings held. Defense counsel must provide the client with an assessment of the strength of the case, a summary of the traditional process for its disposition and the likely outcome including an explanation of the relevant sentencing guidelines and the benefits, detriments and requirements of the Adult Treatment Court program The parties to this understanding will work to establish a specialized regimen of continuing legal education for ali counsel appearing in the Adult Treatment Court as well as for counsel practicing criminal defense in Oakland County_ ATC (Track l) MOT: Pa2C 3 R. 03-24414 November 12. 2009 MISCELLANEOUS RESOLUTION 109273 BY PUBLIC SERVICES COMM:TT:SE, JEFF POTTER, CHAIRPERSON IN RE: CIRCUIT COURT - FY 2010 JUVENILE AND ADULT DRUG COURT COMBINED SCAO GRANT ACCEPTANCE To the Oakland County Board cf Commissioners Chairperson, Ladies and Gentlemen: 1-;wo Adistrtiv Oftic Ffo,qrcx wj-tb qr ,ziti(1 o Cttcbet I, 2C)9 W:7:EIV.EAS 51: CirmilLy 7nild (Jaz. th a!'yQr11]. d-A t1 t1-,jf •:iccLcrA th (:rdered; .trd L1') p:Lorzs a!-e par.T:!ally fAd by .17:r. Ltn:1 FTE LL) 5R 7TE Asf5;!_an A!-;d TiF -2.;a1y 0:.TIO ,V;;HC711 • CrJht the yward i..S35,0:2, tJi.Ld171g is l'iaLtE!d to Dr(j boor' app-rcd in .1L-.::7oraance o! ttiP Fi A .JJ1t 6716 .7::171.!g C;Jr!-. 27AC qraot:J.warJs. :7 acceptr,b of !:-!-.1.7 L:cnri1to:14id t;:e bonc!:. C, Cc -s;rt :Jrdnt L:na21 rJ.To: ,)s a the hertr.. BE IT FURTHEa RESOLVED that no eXpenditures are authorized until a grant agreement is fully executed with the County's obligation limited to the grant funding peri:A. IT con:'_natL,-)nof t'ne ro:3:Y:cns c(T,TInnt 'Jjt j) o t c Lc!, c:I. 27 t.he (71-:alYT - of Lr:, 3o,3r,1 -")_L aT),o; th!: :r(.;Jr_ 2E ac.:c_:-T.tx-ice of '71-.-2 ?,:t of br.;C, r:7U7= Publo Services Committee Vote Motion carried unanimnusly on a roll call vote w7A.h Potter and McGillivray absent GRANT REVIEW SIGN OFF — Circuit Court GRANT NAME: FY 2010 Family-FocuSed Juvenile Drug Court Program (SCAO) FUNDING AGENCY: State Court Administrative Office of Michigan DCPARTMENT CONTACT PERSON: Pamela Davis / John Cooperrider 80247/ 80256 STATUS: Grant Acceptance DATE: November 2, 2009 Pursuant to Misc. Resolution 403320, 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 continents) may be requested to be place on the appropriate Board of Commissioners' ecarmittee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW. Department of Management and Budget: Approved. — Laurie Van Pelt (10/5/2009) Department of Iltunan Resources: Approved. — Cathy Shall& (10/9/2009) Risk Management and Safety: Approved per modified contract. — Andrea Plotkowski (10/29/2009) Corporation Counsel: After reviewing this grant contract, with the changes that SCAO made at our request, there appears to be no unresolved legal issues that require action at this time. — Karen Agacinski (111212009) COMPLIANCE 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 2064 PA 224 (Drug Court Legislation) httrvilwww _leg& ature.mi . go vitsOcic2cin iykti3hcliw§pv)/tiileg.,aspx?pagetBinStatustkobi ec trial n e.--2004-SB-0998 Drug Treatment Courts: The Ten Key Components littp;i/www.cip.usrinigpv/RO/grantiOrugCourtsiDeinjuRDC.plf Federal Health Insurance Portability aud Accountability Act of 1996 (111PAA, Title 11.) http://www ans.1311s.govIHIPAAGenlrfo/DtioTtlqads'HIPAAlawdetail.p_df Department of Health and Human Services Confidentiality of Alcohol and Drug Ahuse Patient Records (42 CFR Part 2) MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2010 GRANT CONTRACT 6th Circuit Court - Adult Grantec 38-6004876 Federal ID Number SCAO-2010-006 SCAO Contract Number $35,000 Grant Amount 2004 PA 224, effective January 1. 2005, authorizes the creation of drug treatment courts in circuit and district couns 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 Ofnce (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 subreeipient 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 amended application assurances, attached to this contract and administrative requirements for the program, and this contract. Contract This contract incorporates the Grantee's approved grant request, amended assurances and final approved budget. The Court has fully advised SCAO of programmatic changes that are the result of administrative, economic and budget constraints, including the elimination of the prosecutor from regular team meetings. SCAO acknowledges that it has been advised or the changes and notwithstanding this information, awards this grant for drug court program expenses of participants who were in the program on or before September 30, 2009. Sti'.A0 has agreed that the Court is not required to submit a revised application and program description reflecting these changes, The Parties acknowledge that the actual program will differ from the program described in the application. 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 Articling 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, ithigau Dr oy Court Grant Program - FN' 2010 5. conduct of the Project A. The Grantee shall abide by all terms and conditions required bythe amended 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. 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 Nfic?ligart Drug Coon Gram Program — FY 2010 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 (vIDCH) Institutional Review Board (IRB) for approval prior to the initiation of the research. 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 (1-11PAA) 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 Mic:higan Dn.]; Court Gram Program — PY 2010 4 andlor 42 CFR Part 2 requirements, except to a subcontractor as appropriate under- this contract. The Grantee must require that the subcontractor not share any protected heaith 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. C. The Grantee must use the protected data and information only for the purposes of this contract. 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 z policy and procedure to report to SCAO unauthorized use or disclosure of protected data and information that falls under the H1PAA 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 H1PAA 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. Ii Michigui Dtt:-. Court Grit P•mgraut rt' 2010 5 JO. 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, 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 Of the Michigan 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 An liability to third parties, loss, or damage as a result of claims, demands, casts, 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 riot 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 gram Mi.:big:in Drug Court Cirant _Program — FY 2DtO 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. 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 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 Michigan Drug Court Grant Program - El 20 1;1 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 SCA°. 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. D. The Grantee's accounting system must maintain a separate fund or account that segregates MDCOP 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 thc period covered by this contract unless prior written approval is received from SCAO. 15. Program Review and Monitoring The Grantee shall give SCAO 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 Michigan Drug Court Grant Program —FY "20 I 0 8 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 3 I . April 30, July 31, and October 10, SCAO will provide copies of the imancial report forms upon request. 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 DCCMIS Data Validation and DCCMIS 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 L5, and November 15. mic:Itigan Drug Court Graqc Program — FY 2010 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 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. 1 7. 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. 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.epexpress.state ,mi.us. Mtclivan Drug Court Gran1 Program - FY 2010 10 18. Budget Modification Adjustments in expenditures up to $1,000 within iine item categories in the approved budget and transfers up to 511.000 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 S1,000 must be made using a Contract Adjustment Request form which can be obtained from SCAO. 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. Michigan Drug Court Grant Program — FY 2010 1 I D. This contract may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCA°, 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, 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. 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 Drug Court Grant Program — FY 2U 10 12 ASSURANCES The Assurances attached to this grant contract amend, fully replace, and supersede the Assurances submitted to the SCAO by the Sixth fudicial Circuit Court as part of the Drug Court Grant Application for FY 2010. 1. Applicant must provide assurance that there has been, appropriate consultation with all affected agencies in planning and implementation of the drug court program. Pursuant to 2004 PA 224, applicant Is required to have a valid fiscal year 2009 memorandum of understanding with each local prosecuting attorney, a representative of the criminal defense bar, and a representative or representatives of community treatment providers, as well as any other parties considered necessary to successful planning and implementation. 2. Applicants must provide assurance that all treatment programs and providers used in the drug court program are licensed and/or accredited by appropriate state government or professional agencies. 3. Applicants must provide assurance of the intention of the jurisdiction to continue the program after funding from the Michigan Drug Court Grant Program (MDCGP) has been exhausted, 4. Applicants must provide assurance that all recipients of funding under this grant program are required to comply with nondiscrimination requirements contained in various federal and state laws. Each applicant court should have a copy of their Equal Employment Opportunity plan on file and available for review by the State Court Administrative Office upon request. S. Applicants must assure that they and any subgrantees will not use funds from the Michigan Drug Court Grant Program for lobbying and that they will disclose any lobbying activities related to the Michigan Drug Court Grant Program. 6. Recipients of funding under this grant agree that all expenditures, including personnel services, contractual services, and supplies, shall be in accordance with the standard procedures of their court. The grantee's accounting system must maintain a separate fund or account to support expenditures. Recipients of funding agree to maintain accounting records following generally accepted accounting principles for the expenditure of funds for purposes identified in the budget and any budget amendments, 7. State funds may not be used to replace (supplant) funds that have been appropriated for the same purpose. ft Recipients of funding will assure that the Michigan Supreme Court, the 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 shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent financial transactions, accounting records, or other fiscal records related to this grant. Such records shall be maintained for a period of five years after compietion of the grant project or until all State Court Administrative Office audits are complete for the fiscal period, whichever is later. Recipients shall provide quarterly reports on the funds received and expended by the drug treatment court in the form required by the State Court Administrative Office. 9. Applicants agree to collect and provide program and participant data in the form and manner required by the State Court Administrative Office, and to participate in follow-up and evaluation activities. 10, Applicants receiving awards from SCAO agree to utilize the SCAO Drug Court Case Management Information System to manage drug court cases and report all data to SCAO pursuant to 2004 PA 224, § 1078. 11. Applicants who receive funding from the Michigan Drug Court Grant Program must follow the ten key components of drug courts developed by the National Association of Drug Court Professionals. Additionally, applicants agree to follow all applicable state laws, court rules, and administrative orders pertaining to the operation of drug courts and adjudication of related cases. 12. Applicants agree to participate in State Court Administrative Office required training including the Bureau of Justice Assistance's Drug Court Planning Initiatives (DCPI). Courts that apply to DCPI training, but are not selected, must agree to participate in DCPI training if provided by the State Court Administrative Office during the funding year. 13. All recipients of funding under this grant program will ensure that violent offenders, as outlined in 2004 PA 224 and defined below, will be excluded from the drug court programs. a. "Violent offender" means an individual who meets either of the following criteria: Is currently charged with or has pled guilty to, or if a juvenile, is currently alleged to have committed or has admitted responsibility for, an offense involving the death of, or a serious bodily injury to any individual, or the I:any:11g, possessing, or use of a firearm or other dangerous weapon by that individual, whether or not any of these circumstances are an element of the offense, or is criminal sexual conduct of any degree. Has one or more prior convictions for, or if a juvenile has one or more prior findings of responsibility for, a felony involving the use or attempted use of force against another individual with the intent to cause death or serious bodily harm. 14. Applicants agree that if a federal 501(c)3 exists or is developed for drug court purposes, or if the drug court develops a partnership with an existing 501(c)3, that no employee of the court will be directly involved in the operations of the 501(c)3. 15. The State Court Administrative Office may suspend funding in whole or in part or terminate funding for the following reasons: a. Failure to comply with the requirements of the grant program, which includes the submission of financial reports, quarterly data reports, and biannual progress reports within the required time periods. b. Failure to make satisfactory progress toward the goals or strategies set forth in this application. c. Failure to adhere to the requirements in the grant contract. d. Proposing or implementing substantial plan changes to the extent that the application would not have been selected for funding. e. Filing a false certification in this application or other report or document. f. Other good cause shown. 16. The individuals with express authority to act in the name of the applicant in the positions of project director, financial director, and authorizing official should be the grant signatories. The signatures commit the applicant to the terms and conditions of the grant contract and attest to the accuracy of all information the applicant has supplied in the grant application or through oral report of programmatic changes that are necessary because of recent administrative, economic, and budget constraints. The project director is responsible for directing the implementation of the drug court grant project. The financial officer is the individual who is fiscally responsible for this project, and is responsible for accountability for the state grant funds. The authorizing official is the individual authorized by the court to enter into this agreement. The State Court Administrative Office prohibits the same individual from signing in more than one capacity. By signing the assurances form, the applicant court assures that it will comply with the requirements set forth in the grant application in order to receive funding under the Michigan Drug Court Grant Program. COURT NAME: Project Director (Name/Title) Project Director (Signature) Date: Financial Officer (Name/Title) Financial Officer (Signature) Date; Authorizing Official (Narne/Titie) Authorizing Official (Signature) Date: Michigan Supreme Court staw court Administrative Office Michigan Hali of Justice P.O. Box 30048 Lansing, Michigan 48909 Phane (517) 3734128 Dawn A. Monk Deputy State Court Administrator September 9, 2009 Honorable Wendy Lynn Potts Chief Judge 6th Circuit Court Courthouse Tower 1200 N. Telegraph Rd. Pontiac, MI 48341 RE: FY 2010 Michigan Drug Court Grant Program Award 6th Circuit Court - Adult Drug Treatment Court Dear Chief Judge Potts: We are pleased to inform you that your court is being awarded a grant in the amount of $35,000 from the Michigan Drug Court Grant Program (MDCGP) administered by the State Court Administrative Office (SCA% 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 only be 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 MDCOP 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 Scour at 517-373-4854, or by e-mail at secorg@courts.rni.gov, Sincerely, ireki4--- Dawn A. Monk cc: Mr. Gary Secor Ms. Deborah Green, Region I Administrator Mr. Kevin Oeffner, Court Administrator Ms. Pamela Davis, Drug Court Project Director Ms. Marcia Travis, Drug Court Project Contact 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 July 16, 2009 Ms. Pamela Davis Drug Court Project Director Oakland County Circuit Court Courthouse Tower 1200 N. Telegraph Road, Dept. 404 Pontiac, MI 48341-0404 Re: Operation of the Adult Drug Treatment Court and the Juvenile Drag Treatment Court in Oakland County Absent Continued Prosecutor Support Dear Ms. Davis: During our recent discussion, you requested that the State Court Administrative Office (SCAO) outline what continued level of support we could provide to the Oakland County Adult Drug Treatment Court and the Juvenile Drug Treatment Court if the prosecutor is no longer involved in these programs after September 30, 2009. The SCAO supports drug treatment courts and is committed to assisting Oakland County in the continued operation of its drug treatment courts. As we indicated, Oakland County will continue to be eligible for grant funding from the Michigan Drug Treatment Court Grant Program to allow participants enrolled in the drug treatment courts prior to October 1, 2009, to complete the programs. We will need a list of all participants in the programs as of that date and the estimated graduation dates. Please feel free to contact me at 517-373-0128 if you have any questions or need additional information. Sincerely, lauso-__177011L Dawn A. Monk cc: Chief Judge Wendy Potts Carl L. Grornek Richard Woods ORDER REGARDING THE ESTABLISHMENT OF AN ADULT TREATMENT COURT ADMINISTRATIVE ORDER 2009-01 I STATE OF MICHIGAN • SIXTH JUDICIAL CIRCUIT I, OAKLAND COUNTY IT IS ORDERED: This administrative order is issued in accordance with MCL 600.1060 et seq. In August of 2001, an Adult Treatment Court was established in the Sixth Circuit Court upon approval by the State Court Administrative Office (SCAO). All policies and procedures comply with the statute and are consistent with the 10 Key Components of Drug Treatment Courts promulgated by the National Association of Drug Court Professionals (see attachment A) as required by MCL 600.1060(c), The Court has entered into a Memorandum of Understanding (MOU) with each participating county prosecuting attorney in the circuit or district court district, a representative of the criminal defense bar, a representative of community treatment providers and other key parties pursuant to MCL 600.1062. The MOU describes the role of each party (see attached). 1 The Court has established eligibility criteria consistent with MCL 600.1064 and 600.1068. 3. In compliance with MCL 600.1064(3), no participant shall be admitted until a complete preadmission screening and substance abuse assessment are completed. 4. All participants shall sign a voluntary written consent to participate in the program in conformance with MCI. 600.1068(1)(d). The Court shall maintain case files in compliance with Trial Court General Schedule 16, the Michigan Case File Management Standards, and Part 2 of Title 42 of the Code of Federal Regulations to assure confidentiality of treatment court records. 6. The Court has established, as part of its program requirements, procedures to assure compliance with MCL 600.1072 and 600.1074. 7. Pursuant to MCL 600.1078, the Court shall provide the SCAO with the minimum standard data established by the SCAO for each individual applicant and participant of the treatment court program. 8. The Court shall use the Drug Court Case Management Information System (DCCMIS) to maintain and submit the minimum standard data as determined by the SCAO while receiving grant money from the SCAO. 9. The Court acknowledges that case disposition information regarding treatment court participation is unavailable from the Department of State driving record and criminal history record, and failure to use the DCCMIS will result in the absence of a complete record of treatment court participation in Michigan courts, 10. The Court acknowledges that it has completed the federal Drug Court Planning Initiative training sponsored by the Bureau of Justice Assistance, in compliance with MCL 600.1062(3). IT IS FURTHER ORDERED: This order also establishes a Mental Health Treatment Track for the existing Adult Treatment Court in the Sixth Circuit Court as approved by the SCAO. The Court will collaborate with the Oakland County Community Mental Health Authority, Oakland County Office of Substance Abuse Services, Oakland County Sheriffs Department.. the Oakland County Prosecutor's Office, Defense Counsel, Oakland County Community Corrections and others, to better serve individuals with diagnoses of mental illness, co- occurring disorders, developmental disability, or serious emotional disturbance. 1. All the above mentioned parties (along with other pertinent community agencies) have entered into an MOU with the Sixth Circuit Court. The MOU describes the role of each party (see attached). In the development of the program's policies and procedures, consideration was given to the ten essential elements of a mental health court as described by the U.S. Department of Justice. Bureau of Justice Assistance (see attachment B). 3. A multidisciplinary group of stakeholders participated in the planning and program design of the mental health treatment court.. 4. Legal and clinical eligibility criteria are both clearly defined, policies to identify the target population have been developed, and those individuals responsible for referring participants have been trained to identify eligible participants. 5. Policies that facilitate timely participant identification, referral, and admission into the mental health treatment court have been developed. 6. Policies and procedures describing the program length, level of supervision, treatment plan development, requirements for successful completion, expulsion criteria, case disposition upon successful completion of the program, any sanctions, incentives, and other key program components are c- -0 Date developed and will be explained to eligible participants as part of the terins of participation. 7. Guidciines to identify and expeditiously resolve any participant competency concerns have been developed. 8. Local evidence-based mental health and substance abuse treatment services and other ancillary services (e.g., medication compliance, housing and benefit issues, crisis intervention, peer and family support) have been identified and are available resources for program participants to utilize. 9, The Court shall maintain case files in compliance with Trial Court General Schedule 16, the Michigan Case File Management Standards. The Court has established procedures to ensure substantial compliance with Part 2 of Title 42 of the Code of Federal Regulations, and the Health Insurance Portability and Accountability Act (H1PAA) to safeguard the confidentiality of participants medical records. 10. Each mental health treatment court team member and their roles are described in either the MOD or in the program manual. Each team member has completed training on working with individuals who have been diagnosed with a mental illness or developmental disability. 11. Policies and procedures on the methods and frequency in which the responsible individuals will monitor participant compliance with the program requirements have been developed. 12. Funding sources and local treatment service resources have been identified as part of the plan for sustaining the mental health treatment court. The plan also includes the collection of data for SCAO to use in conducting a process and outcome evaluation that may be used to demonstrate the effectiveness of the program and thereby help secure future funding. This Administrative Order is effective May 7,2009. ATTACHMENT A The 10 Key Components of Drug Treatment Cnnul as Promulgated by the NatiQual ssionaN Key Component #1: Drug courts integrate alcohol and other drug treatment services with justice system case processing. Key Component #2: Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. Key Component #3: Eligible participants are identified early and promptly placed in the drug court program. Key Component #4: Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. Key Component #5: Abstinence is monitored by frequent alcohol and other drug testing. Key Component #6: A coordinated strategy governs drug court responses to participants' compliance. Key Component #7: Ongoing judicial interaction with each drug court participant is essential. Key Component #8; Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Key Component #9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. Key Component #10: Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court program effectiveness. ATTACHMENT B The 10 Essential Elements of MsntaI Health Treatment Cnurtq As Described by the Bureau of 1. Planning and Administration 2. Target. Population 3. Timely Participant Identification and Linkage to Services 4. Terms of Participation Informed Choice 6. Treatment Supports and Services 7. Confidentiality 8. Court Team 9. Monitoring Adherence to Court Requirements 10. Sustainability OAKLAND COUNTY ADULT TREATMENT COURT Probation Violation Track Memorandum of Understanding TABLE OF CONTENTS Purpose 1 Introduction Mission Statement 2 Adult Treatment Court Program Description Eligibility Screening Confidentiality 3 Admission Procedure 3 Sentencing Credit Court Sessions 4 Sanctions 4 Relapse 5 Incentives Failure and Removal from Program Adult Treatment Court Team Roles and Responsibilities 6 Role of the Prosecutor 6 Role of the Defense Attorney 6 Role of the Defense Advisor 6 Defense Advisor Selection Role of the Case Manager 7 Role of the Coordinator 8 Role of Substance Abuse Coordinating Agency 8 Role of Community Corrections 8 Role of Sheriff 9 Clerical Responsibility 9 Team Meetings Team Communication 9 Treatment Stages 9 Stage One 10 Stage Two 1 0 Stage Three 11 Stage Four 11 Evaluation 11 Understanding 12 Rev, 03-24-04 ATC Probation Violation Track MOU Page 1 OAKLAND COUNTY ADULT TREATMENT COURT Probation Violation Track Memorandum of Understanding Purpose This Memorandum of Understanding sets forth the plan, policies, staff roles, and procedures for the Oakland County Violation of Probation Adult Treatment Court. The program is designed to oversee the treatment and intensive probation of criminal defendants who violate their probation because of an addiction to alcohol and drugs. In In 2001, sixty percent of all probationers nationwide successfully completed the terms of their probation and were discharged.' In Oakland County, seventy-five percent of all probationers successfully complete their probation. Of the remaining twenty-five percent of probationers, many violate the terms of their probation for reasons directly related to the probationer's drug and alcohol addiction and are subsequently sentenced to jail or prison. Studies show a strong correlation between effective substance abuse or addiction treatment and a reduction in crime.' Conversely, those who do not undergo treatment return to criminal activity. Unless the cycle of addiction can be broken, at least 45% of defendants convicted of a crime involving drug possession will commit similar crimes within 2 to 3 years. National studies indicate that 50% to 60% of drug users commit further crimes after being in prison. The same studies suggest that the adult criminal justice system's mission of ensuring public safety may be met more successfully without the expense of incarceration if structured treatment is incorporated into the individual's probationary sentence. Budgetary problems highlight the obvious fact that incarceration is an expensive, finite resource. Today, a jail bed costs $82,00 per day or $29,930 a year: This cost does not include any costs associated with post release supervision. The cost of a prison bed varies from $44.65 per day or $16,299 a year for a Level I minimum security facility to S102.34 per day or $37,354 per year for a Level IV medium security fiteility although, as with the jail costs, these figures do not include the cost of building or maintaining the structure or any other capital expense associated with maintaining the facility.4 Treatment Court programs cost an average of $29,00 per day or 'Bureau of Justice Statistics, U, S. Department of Justice, Probation and Parole in the United States. 200I, 4 (2002). Department &justice Promms. Lookino at a Decade of Drug Cowls, (199S). 7' It has been further suggested that the figure of 529,930 does not take into consideration the cost of building the jail as a physical structure or any similar capital expenses. A more accurate estimate of the total annual cost per incarcerated defendant is realistically closer to $45,000. Michigan Department of Corrections. 2001 Annual Report, "Expecting Excellence Every Day", 6.2 (2002). An average cost may be estimated by using the cost of a multi-level bed. This bed costs $58.45 per day or S21,335 per year. ATC Probation Violation Track NWT) Page I Rev. 03-24-04 S10,585 per year and utilize existing programs and facilities available throughout the community. Experience with the existing Oakland County Adult Treatment Court shows that the initial treatment costs for participants are comparable to those associated with incarceration. However, treatment costs drop dramatically as drug and alcohol free participants leave residential facilities and develop the life skills needed to maintain a sober lifestyle. After leaving a residential facility there are supervision costs for probation of $1,600 per year.5 The societal and economic value of treatment courts increases as participants continue through the program. The cost savings include not only reduced program costs, but also reduced criminal and criminal justice activity, fewer substance abuse related health problems, and increased mainstream social interaction, including maintaining employment and paying taxes. Perhaps the greatest benefit of treatment courts is the opportunity to reclaim an individual lost to substance abuse. Mission Statement The Oakland County Sixth Circuit Court Violation of Probation Adult Treatment Court is designed to use alternative judicial proceedings for chemically-abusing or dependent, non- violent adult felony offenders and probation violators. Recognizing that many offenders with substance abuse or dependency problems engage in criminal activity or violate the terms of their probation because of their abuse or dependence, the Adult Treatment Court works with participants to address these issues as an alternative to incarceration. Through judicial supervision and a continuum of treatment services with graduated sanctions which ensure community protection and safety, participants are successfully reintegrated into the community. The Adult Treatment Court seeks to accomplish its mission by: • Mandating judicially supervised treatment as an alternative to incarceration; • Educating substance-abusing offenders about the hazards of substance abuse; • Providing rigorous case management to ensure compliance with the treatment mandate; • Helping all participants maintain long-term recovery and sobriety; • Reducing high-risk behaviors through health education; • Identifying and treating the health problems of high-risk offenders; and • Assisting participants with their vocational, educational or employment needs and goals. Adult Treatment Court Program Description Eligibility As a prerequisite to admission to the program, the defendant must be convicted of a non-violent offense, eligible for community supervision under the provisions of Oakland County's implementation of Public Act 511, and have no offense or parole holds. The eligible offender will have no assaultive felony convictions during his or her lifetime. Further, the defendant's probation violation must be for substance abuse related reasons, Further, the defendant must be presumptively placed in a sentence guideline straddle cell (example: 5 to 23 months on the minimum) likely to lead to incarceration. The eligible candidate must be eligible to serve at least 5 Michigan Department of Corrections. 2001 Annual Report, "Expecting Excellence Every Day -, 62 (2002). ATC Probation Iliolat:on Track MOU Page 2 Rev. 03-24-04 24 additional months on probation at the time of sentencing on the violation. While a new offense does not automatically exclude the defendant from consideration for the Adult Treatment Court, a new offense may result in a defendant being deemed ineligible for the program. in addition, the defendant must have a substance abuse problem, as verified by the NEEDS assessment provided as part of the PSIR, and be a resident of Oakland County. Finally, the defendant must have a reliable means of transportation. Screening When a defendant who is otherwise eligible for the Adult Treatment Court is referred for a PSIR, the Case Manager will arrange for defendant to complete a NEEDS assessment. If defendant is incarcerated, the Case Manager will arrange for a probation officer to administer the NEEDS assessment. If defendant is on bond, the Case Manager will contact the Coordinator who will administer the NEEDS assessment. The Case Manager shall be notified of the results of the NEEDS assessment within one business day of the screening examination. The Case Manager shall verify a defendant's eligibility for the Adult Treatment Court with the probation officer preparing the PSIR. Confidentiality Participants in the Adult Treatment Court will waive confidentiality in treatment information with a signed waiver of confidentiality. The waiver allows all Adult Treatment Court team members full access to case records and the fruits of any investigations regarding the participant. Any statements made by a participant in the program shall not be used against him or her in any subsequent adversarial proceeding. However, spontaneous statements made by the participant, which refer to unrelated criminal activity and which are not directly related to the participation in the Adult Treatment Court program may be admissible in other criminal proceedings. Such admissibility shall be determined in an evidentiary hearing pursuant to the Rules of Evidence. Admission Procedure After the defendant is adjudicated responsible for the probation violation and a ASIR is prepared, on the same schedule as criminal eases generally, recommending defendant for admission into the Adult Treatment Court, the sentencing court shall offer defendant the opportunity to participate in the Adult Treatment Court. Recognizing the success of coercive treatment, the sentencing court may order an eligible defendant into the Adult Treatment Court regardless of defendant's desire not to participate in the program.° When a defendant is sentenced and accepted into the Adult Treatment Court, the Court shall reassign defendant's case to the docket of the Adult Treatment Court Judge's docket for all further proceedings. This includes all Adult Treatment Court sessions and any proceedings arising out of the participant's success or failure within the Adult Treatment Court. Sentencing Credit A participant who is removed from the program and who is then sentenced to a term of incarceration may receive credit for time in custody, work release, boot camp, or time in a residential or alternative incarceration program that was part of the Adult Treatment Court program in the discretion of the court and consistent with provisions of law. Center for Substance Abuse Treatment, U. S. Dena:Inlet -it of Health and Human Services, TIP Series 17, Planr-MIL, farAlmliaLansrug Abuse Treatment for AduitF in the Criraina: Justice System. 9-!0 (I Q95). Rev, 03-24-04 ATC Probation Violation Track MOU Page 3 Court Sessions Sessions of the Adult Treatment Court will include the admittance and orientation of new participants into the program in conjunction with progress reports of participants previously admitted into the program. Each session will be held in open court to monitor the participation and progress of participants. The Court shall alter case management plans for individual participants as needed and upon the advice of the Treatment Team. Conferences will generally occur every two to four weeks, depending upon the level of the participant's progress, participation, and addiction. The Case Manager may require the participant to appear before the Adult Treatment Court for an accelerated hearing depending upon the participant's progress within the program. The development of a probation violator track permits the Circuit Court to develop gender specific treatment programs. Gender specific treatment programs permit the Court, the treatment providers, and the participants to focus on the specific needs of the participants.' For example, women often avoid treatment because of concerns for either child protective proceedings or further involvement with the criminal justice system. Likewise, many women enter treatment with unresolved medical issues, a history of physical and/or sexual abuse, and childcare concerns.9 By developing gender specific treatment tracks, the Adult Treatment Court will focus more specifically and consistently on issues that challenge the participant's recovery. Thus, the Adult Treatment Court will work with the participant population on a gender-segregated basis. Sanctions The Adult Treatment Court program must include established graduated sanctions that will be applied as an immediate and direct consequence of a participant's noncompliance with program expectations. The Adult Treatment Court Judge will apply graduated treatment sanctions to assist participants in complying with the program. Sanctions shall include: • Increased drug testing; • Community Service; • Increased frequency of court appearances before the Adult Treatment Court J udge: • Increased monitoring and/or fines; • Commitment to a community residential facility for a specified period of time, • Demotion to an earlier stage with increased supervision; and • Incarceration. Violations will be sanctioned in accordance with the sanctioning guide approved by the Adult Treatment Court team and the Chief Judge. ' Center for Substance Abuse Treatment, U. S. Department of Health and Human Services, TIP Series 27, comprehensive Case Management for Substance Abuse Treatment. 55 —57 (2001). 8 Planning jot Alcohol and Other D11.12 Abuse Treatment for Adults in the Criminal Justice System, 18 — 20. 9 Planninv for Alcohol and Other fIntg Abuse Treatment for Adults in the Criminal Justice System. 18— 20. ATC Probation Violation Track MOLI Page 4 Rev. 03-24-04 Relapse The targeted offender population will occasionally ''use" (i.e. return to alcohol or drug use). Six (6) verified "uses" will automatically result in a hearing before the Adult Treatment Court Judge who will decide whether the participant may continue in the Adult Treatment Court program. In addition, four (4) verified "uses" occurring in any stage of the program will result in a hearing before the Adult Treatment Court Judge to decide whether the participant may continue in the Treatment program. Because the participant may face incarceration if removed from the program, the participant shall be represented by counsel at the hearing. The hearing to determine a participant's continued program participation following either four or six verified uses does not and is not expected to replace any approved program sanction. Incentives Incentives may be recommended by treatment staff or the Treatment Team and are granted at the Judge's discretion for particular accomplishments in treatment. The incentive system is critical to the Adult Treatment Court operation, When the opportunity arises, the Court will seek to support treatment through positive reinforcement. Some methods are built into the process and are not event driven. In-court acknowledgment and early calendaring are examples. Other, more specific, incentives are given less frequently when a participant has reached a treatment milestone, such as the advancement to the next program stage. Failure and Removal from Program if during the period of participation in the program, a participant is charged with a new felony, demonstrates assaultive conduct, relapses pursuant to the above section, or refuses to enter into or continue in a mandated treatment program or modality, the Adult Treatment Court Judge shall conduct a probation violation hearing to decide whether the participant may continue in the Adult Treatment Court program. Both the People and the participant shall be represented by counsel other than the Defense Advisor at the hearing. After twice absconding from the Adult Treatment Court program and being sanctioned therefor. a participant may be given one further opportunity for success in the Adult Treatment Court program. Should the participant be sanctioned again, the participant shall be expelled from the program. The failure shall be treated as a violation of probation and the matter shall be scheduled before the Adult Treatment Court Judge for probation violation hearing. If a participant is removed from the Adult Treatment Court, the removal shall be deemed to be a violation of the tenns of probation. If a hearing has not already occurred, the Probation Department shall petition the Adult Treatment Court Judge to order the participant to show cause why the participant should not be found to be in violation of the terms of probation. If the Adult Treatment Court Judge finds the participant violated the probation, it shall terminate the probation and sentence the participant in accordance with a PSIR prepared by the Probation Department. Rec 03-24-04 ATC Probation Violmion Track NIOU Page 5 Adult Treatment Court Team Roles and Responsibilities Role of the Prosecutor Once a participant enters the Adult Treatment Court, the Prosecuting Attorney will have a non- traditional role that will include: • Appearing at all pretrials, probation violation hearings and sentencing hearings before, during, or after the participant's entry into the Adult Treatment Court; • Participating in training Oakland County attorneys in Adult Treatment Court procedures; • Monitoring the effectiveness of treatment programs and Adult Treatment Court sanctions: • Joining effort with other principals in Adult Treatment Court to achieve community understanding and support for the program; and • Continuing improvement of the structure, goals, and operation of the Adult Treatment Court. The Prosecuting Attorney will make every practical effort to provide full discovery, including a copy of defendant's criminal history, to Defense Counsel at or immediately following defendant's arraignment on a bench warrant or appearance on order for show cause alleging a probation violation. Role of the Defense Attorney In preparing for a probation violation hearing, the Defense Attorney will review the file and interview defendant to determine defendant's eligibility for the Adult Treatment Court. If defendant is found responsible for the alleged violation, counsel will discuss all potential sentencing options, including the Adult Treatment Court, with defendant. Counsel will represent defendant at all adjudicative stages before and, as necessary, after defendant enters the Adult Treatment Court. Because the Adult Treatment Court is an intensive probation program, appointed counsel will be discharged upon a defendant's entry into the program. While the defendant participates in the Adult Treatment Court, the Defense Advisor will represent the defense perspective on the Treatment team. Role of the Defense Advisor The Defense Advisor in the Adult Treatment Court will not have a traditional attorney-client relationship with participants in the ATC. Each participant shall sign a waiver of the attorney- client relationship with the Defense Advisor before entering the ATC. At all times, the Defense Advisor shall act according to the Michigan Rules of Professional Conduct. The Defense Advisor will assist and advise the Adult Treatment Court Program in the following manner: • Consult with initially retained or assigned counsel on the operations of the Adult Treatment Court; • Make every reasonable effort to keep participants in the program; • Provide non-confidential legal advice to participants relative to the Adult Treatment Court during participation in the program; ATC Probation Vioiat:on Track M01.5 Page 6 Rev. C3-24-04 • Participate in all meetings of the Adult Treatment Court and its staff and be present during Adult Treatment Court sessions; • Work to continuously improve the structure, goals, and operation of the Adult Treatment Court; • Participate in training of Oakland County attorneys in Adult Treatment Court procedures • Be consistently knowledgeable about available treatment programs, facilities, and personnel; • Represent the defense perspective in interaction with the Court, the Prosecuting Attorney, treatment facilities, the Probation Department, law enforcement, legislative bodies, and the media; and • Join with other principals in the Adult Treatment Court program to achieve community understanding and support for the Adult Treatment Court. Defense Advisor Selection The parties to this Memorandum of Understanding will engage in a joint effort to secure sufficient funds to underwrite the retention of a Defense Advisor and an alternate to function in the Adult Treatment Court. One person shall be selected by each of the following organizations to serve on an interview committee: • The Sixth Circuit Colin Criminal Assignment Committee; • The Oakland County Bar Association Criminal Law Committee; and • The Adult Treatment Court Planning Committee. The interview committee will screen and interview applicants for the position of Defense Advisor and recommend up to four (4) persons for final consideration, The Chief Judge for the Oakland County Circuit Court will choose the Defense Advisor and the alternate. The Defense Advisor and alternate will serve a two-year term. The Chief Judge may, at his or her option, extend the term pursuant to Oakland County's procurement policies, upon recommendation by the Oakland County Prosecutor, Oakland County Sheriff, Chief Probation Officer, Oakland County Health Division's Chief of Substance Abuse, Oakland County Community Corrections Manager and the President of the Oakland County Bar Association or its designee. Role of the Case Manager The Case Manager will be a Probation Agent for the Sixth Circuit Court Probation Department who will closely monitor each participant through all stages for the program. The Case Manager will obtain an appropriate release from each prospective participant as part of the participant evaluation before the individual enters the program. The Case Manager will also review the program, the participant's rights and obligations, and the graduation requirements with the participant as part of the program orientation. The Case Manager will include a Waiver of Rights form signed by the participant and his or her attorney indicating his or her decision to participate in the Adult Treatment Court, Rev, 03-24-G4 ATC Probation VioLation Track MOU Niue 7 The Case Manager will also be responsible for assuring that the eligible offender completes a NEEDS assessment" as part of the preparation of the Pre Sentence Investigation Report (PSIR). The results of the NEEDS assessment for a qualifying offender will be shared with the Office of Substance Abuse Services, the Adult Treatment Court, and treatment providers, as required to provide appropriate treatment after the Waiver of Rights has been signed by the participant. Based on information in the NEEDS assessment, the Case Manager in conjunction with treatment professionals will develop a supervision plan for the participant which delineates the goals the individual must reach to successfully complete each program phase and graduate from the Adult Treatment Court. Case Managers will participate in all meetings concerning the participant and attend gatherings of the Adult Treatment Court. Role of the Coordinator The Adult Treatment Court Coordinator will work jointly with the Adult Treatment Court programs. The Coordinator will perform the following functions: • Attend and participate in Adult Treatment Court team and business meetings; • Recruit, train, and supervise the Adult Treatment Court staff and interns; • Coordinate weekly gatekeeping functions to identify new program candidates; • Schedule and attend all pre-hearing conferences and status review hearings; • Compile and collect documentation concerning the participant's progress and supply the information to the Adult Treatment Court as required; • Act as liaison to the Office of Substance Abuse Services and any sub-contractors regarding service delivery issues, reimbursement, caseflow, etc.; • Work with treatment finding agencies to maintain quality control over treatment and testing providers through a variety of activities; • Develop and maintain a procedural manual for program operations; • Create and maintain a data collection system to monitor program compliance, meet grant reporting requirements, identify trends and provide a basis for evaluation; • Preparation of court files for Adult Treatment Court Sessions; • Participate in on-going evaluation of program effectiveness and recommend improvements as appropriate; and • Assist with communications to community stakeholders, judges, and finding sources regarding program status. Role of Substance Abuse Coordinating Agency Oakland County Health Division/Office of Substance Abuse Services (OSAS) shall participate in the selection and supervision of all treatment providers. Based upon the results of the NEEDS assessment, OSAS shall recommend treatment placement for participants. Role of Community Corrections The Oakland County Community Corrections Division shall provide finding support to the Adult Treatment Court for those offenders who meet Public Act 511 eligibility and are diverted from prison as a result of their participation. The NEEDS assessment rovides a measurement of nine relevant domains including substance and alcohol abuse and establishes a Level of Care Index based upon the American Society of Addiction Medicine criteria. ATC Probation Violation Truk- MOU Page 8 Rev. 03-24-04 Role of Sheriff The Oakland County Sheriff's Office shall attend sessions of the court as requested by the ATC judge. The Oakland County Sheriffs Office shall also provide staffing sufficient to assure the safe custody of program participants as may be ordered by the court and transportation of in- custody participants as necessary for court appearances. Clerical Responsibility Court staff will provide clerical support. Clerical support includes preparation and maintenance of court files, courtroom calendars, computer entries, and collection of data to document the activities of the Adult Treatment Court. All docket entries shall follow common court practices and protocols. Because Adult Treatment Court sessions are part of the participant's intensive probationary process, they will not be recorded on the register of actions. Team Meetings The Adult Treatment Court Team shall consist of the judge,. the prosecutor, the defense advisor, the case manager, a treatment provider, and the coordinator. Because the status reports of treatment providers are deemed critical when evaluating a participant's progress in the Adult Treatment Court, treatment providers will consult with and/or participate in team meetings on invitation of the team. The deliberations of the team shall be confidential, except that team members may share information with representatives of their agency or office as required to ensure continuity in case management and policy development. The coordinator is expressly authorized to share information with counsel for a program participant to provide a defense to a probation violation hearing. Team Communication It is the intent of the parties to this Memorandum of Understanding that all substantive communications should he to all Adult Treatment Court team members simultaneously. Team meetings or telephonic and/or electronic communications best accomplish simultaneous sharing of information. Ex parte communications with the Court on the merits of a matter by defense, prosecution, or treatment personnel will not occur. However, consistent with People v Smith, 423 Mich 427 (1985). 'The probation officer may consult with the judge outside the presence of defense counsel.'' This communication is essential in maintaining records and furthering the court's regular business. Treatment Stages The Adult Treatment Court offers participants a comprehensive and integrated drug treatment and rehabilitation service supervised by the Adult Treatment Court Judge. Individualized treatment will consist of' four stages. Each stage will have specific treatment objectives, therapeutic and rehabilitative activities, and requirements for graduation. The Adult Treatment Court team, together with selected treatment agencies and the Substance Abuse Coordinating Agency will implement standards developed for this program. These standards will guide the treatment "Stages'. ATC Prob4ion Vioration Track MOU Page 9 Rev. 03-24-04 Stage One Stage One is established to engage the eligible participant in the treatment process. Upon acceptance into the program, with all waivers signed, and based on the NEEDS assessment data and/or Office of Substance Abuse Services approval, the participant will: • Be assigned to one of the funded/licensed substance abuse Outpatient, Intensive Outpatient (I0P) or Residential substance abuse treatment programs participating with the Adult Treatment Court; • Attend treatment sessions as established in the individualized treatment plan approved by the Adult Treatment Court; • Submit to drug/alcohol screens two or three times a week at a prescribed location • Attend Adult Treatment Court on a bi-weekly basis; • Meet with the Adult Treatment Court Case Manager weekly; • Attend 45 treatment meetings in 90 days: • Have an AA or NA sponsor by the end of the 90-day period; and • Follow through with other referrals for specialized treatment or intervention programs. This stage is designed to last a minimum of 4 months. Depending on the individual's treatment plan and his or her success, the Judge, with the advice and counsel of the treatment provider and team members, will decide when to move the participant to Stage Two. A participant is to remain without a Level A program sanction for four (4) consecutive months. Stage Two Stage Two continues the treatment component described in Stage One with less intensity. The participant will: • Step down to the next level of treatment (i.e. IOP, Outpatient or Aftercare treatment) upon recommendation by the treatment provider and Adult Treatment Court team; • Submit to random drug/alcohol screens as prescribed by the treatment provider or the Step-Forward program and case manager (usually weekly); • Meet with the Adult Treatment Court case manager at least once a month, or as otherwise delineated; • Attend the Adult Treatment Court every third week or as directed; • Attend treatment meetings at least three times a week; • Provide verification of the participant's AA or NA sponsor to the Adult Treatment Court; • Begin restitution payments, if applicable; • Follow through with other referrals for specialized treatment or programs; and • If unemployed, or employed part-time, seek full time employment or enroll in school (high school GED, trade school, or college) as a full time student. This stage is designed to last 3 - 4 months, depending on the participant's individualized treatment plan. Drug/alcohol screens must not be less than twice a month at this stage. The Judge, with the advice and counsel of the treatment provider and team members, will decide when to move the participant to Stage Three: ATC Probation 'v'iolatiori Track MOU Page 10 Rev. 03-24-C4 Stage Three Stage Three builds on the participant's treatment success and begins integrating the participant into society. The participant will: • Step down to the next level of treatment (i.e. Outpatient to Aftercare) on recommendation by the treatment provider and the Adult Treatment Court team; • Submit to random drug/alcohol screens at least once monthly as prescribed by the treatment provider, the Adult Treatment Court team and Step-Forward; • Meet with the Adult Treatment Court case manager monthly; • Attend the Adult Treatment Court at least once a month; • Attend treatment meetings at least three times every week; • Provide a report from the AA or NA sponsor to the Adult Treatment Court Judge once every month; • Provide documentation of full-time school enrollment or employment; and • Continue payment toward restitution. This stage is designed to last 3 - 4 months, again depending on the individual's treatment plan. The Judge, with the advice and counsel of the treatment provider and team members, will decide when to allow the participant to graduate to Stage Four. Stage Four Stage Four is designed as aftercare, lasting 3-4 months, depending on the progress of the participant. Approximately one month before graduation, the participant will return to weekly drug/alcohol screens. The Case Manager will secure a LEN check to ensure the participant has not been charged with a new offense. The Judge, with the advice and counsel of the treatment provider and team members, will decide when to allow the participant to graduate from the program. Before graduation can occur, the participant must have at least four consecutive months of negative (clean) alcohol and drug testing. Evaluation Under terms of the State Court Administrative Office grant under which this program began, the Adult Treatment Court must allow representatives of the Michigan Supreme Court and the Supreme Court Administrative Office to evaluate, audit, inspect and monitor operation of the court. An independent evaluator may be selected to assist in this evaluation. Process evaluation measures will gauge the effectiveness of the program by determining: • Whether the project, as designed, has been implemented; • How team members are functioning together; • Whether participant needs are being served, and how often; • lithe procedures for status review hearings are operating smoothly; • Whether offenders were effectively engaged in the program (ire, retention rates, uses of sanctions); • Program impact, including statistics comparing information relevant to recidivism: and • Other relevant information as identified by the evaluator ATC Probation Violaiion Track MOU Page 11 Re%. 03-24-04 Date I Date: ."..› Dale: Date: Dkjrna Bare Do'l lense Advisor 4 Mleliacl Bouchard Oakland Couiiiy Sheriff w-eitiot Date: ) • Li Understanding `1 NI Lnlo uc;i o 1Thderstanding represents :he aircenient of the parties 1 istcd bclow rqiaiduft, the opti,tion a. the Adult Treatment (.iotirt. Modifications to the opcnai 01) 0 t . 2-V1C," 1 reitn1ent Court that impact he roles. procedures. ph'lowphy and pehe:es described Live not be irhnlemer.ted without written amendment to this Memorandum of L l.nderstandiii, itIticti by the oi :nt simatories or their desiiriecs. The Probation Violation Nlemoiandum cl Unde'.-standimI shall be read in conjunction kvith the original Memortuidam at Under -mai-N.1;1;z: entitled Oakland Cou;',ty Adult Od -uL,. Treannent Court Memoruiduni 011:n6CiSta:Idin. ' Wendy P 011 S I" d U1.12 Oaklaifj (..:Z./)unty Cu iii Ccnt Kenneth Aud, Chi Probation Officer Oakland County Prc‘iration Dept. David C. Goi.cyea Oakland Cowl. Prosecutinu. Attorney - Rarbarti 1 .1ahl(ey, Oakland (TotnitY 1:-...ohirn unity Correcti6ils • . - . - .-1---- ->5 , i i a. ..z., / 1/4_,...... Sandn: L, Knsik Oakland County I teiihlt Division; (..)ffie.:-... of Subs',arx... Abuse, Date: - - tc I 1": AR Ploozrain Fr.,1c.k MOt :2 Re 03-24-04 C Probation NT iolatim) Track MOU Page 13 Gala Piir • From: VanReit Laurie [vanpelti@oakgov.com ] - Sent: Monday. October 05, 2009 9:38 AM To: 'Piir, Gala': 'Davis, Patricia'; 'Secontine, Julie'; 'Shelia!, Cathy' Cc: 'Cooperrider, John': 'Davis, Pamela': 'Riegel, Robert F D' Subject: RE: Grant Review: Circuit Court Family Division - Family-Focused Juvenile Drug Court Program (SCA()) - Grant Acceptance Approved. ---Original Messag e--- From: Piir, Gala [mailto:piirg@oakgov.corn] Sent: Friday, October 02, 2009 4:51 PM To: 'VanPelt, Laurie`; 'Davis, Patricia'; Secontine, Julie; Shellac Cathy Cc: 'Cooperrider, John'; 'Davis, Pamela'; 'Riegal, Robert F D' Subject: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAD) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT' CONTRACT REVIEW RESPONSE — Circuit Court — Family Division, Family-Focused Juvenile Drug Court Program (SCAO) Michigan Drug Court Grant Program — State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 9, 2009 GRANT INFORMATION Date: October 2, 2009 Operating Department: Circuit Court — Family Division Department Contact: Pamela L. Davis and John Cooperrider Contact Phone: 858-0247 and 858-0256 Other 1D Number: SCAO-2010-007 REVIEW STATUS: Acceptance — Resolution required Funding Period: October I, 2009 to September 30, 2010 New Facility / Additional Office Space Needs: None _ IT Resources (New Computer Hardware Software Needs or Purchases): None MWDBE Requirements: No Funding Continuation/New: Continuation Application Total Project Amount: $510,348 Prior Year Total Funding: $508,823 New Grant Funded Positions Request: None Changes to Current Positions: Continuation of positions #09711, #09712, #09835, #10677 Grantor Funds: $29,250 Total Budget: $510,348 ($460,080 funded through Child Care Fund & BJJ Grant and In-Kind) Match and Source: None required; please refer to contract budget detail for other support information. Gala Piir From: Shall al, Cathy fshallac@oakgov,corn] Sent: Friday, October 09, 2009 4:42 PM To: 'Fir, Gala': 'VanPelt, Laurie'; 'Davis, Patricia'; 'Seconttne, Julie' Cc: 'Cooperrider, Johr,': 'Davis, Pamela'; 'Riegal, Robert F D' I Subject; RE: Grant Review: Circuit Court - Family Division - Farniiy-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance Lpproved •Original Message---- From Gala [mailto:piirg@oakgov.comj Sent: Friday, October 02, 2009 4:51 PM To: 'VanPelt, Laurie'; 'Davis, Patricia'; Secontine, ShaHal, Cathy Cc: 'Cooperrider, John'; 'Davis, Fame 'Riegal, Robert F D' Subject: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court — Family Division, Family-Focused Juvenile Drug Court Program (SCAO) Michigan Drug Court Grant Program — State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL., with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 9, 2009 GRANT INFORMATION Date: October 2_ 2009 Operating Department: Circuit Court -- Family Division Department Contact: Pamela L. Davis and John Cooperrider Contact Phone: 858-0247 and 858-0256 Other ID Number: SCAO-2010-007 REVIEW STATUS: Acceptance — Resolution required Funding Period: October 1, 2009 to September 30, 2010 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases).: _None MWDBE Requirements: No Funding Continuation:New: Continuation Application Total Project Amount: $510,348 Prior Year Total Funding: S508,823 New Grant Funded Positions Request: None Changes to Current Positions: Continuation of positions #09711, #09712, #09835. #10677 Grantor Funds: $29,250 Total Budget: $510,348 ($460,080 funded through Child Care Fund & BD Grant and la-Kind) Match and Source: None required; please refer to contract budget detail for other support information. Gala Piir From: Plotkowski, Andrea [plotkowskia@oakgov.corn] Sent: Thursday, October 29, 2009 4:54 PM To: Gala'; 'Easterling, Theresa' Cc: Sandy Jonnson Subject: RE: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance, RM09-0297 Vproved per modified contract. ikridrea Plotkowski --Original Message From: Piir, Gala [rnallto:piirg@oakgov.corn] Sent: Thursday, October 29, 2009 9:10 AM To: 'Easterling, Theresa"; 'Plotkowski, Andrea' Subject: RN: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance Original Message From: Piir, Gala [mailto:piirg@oakgov.corn] Sent: Friday, October 02, 2009 4:51 PM To: 'VanPelt, Laurie'; Davis, Patricia'', 'Secontine, giallo!, Cathy Cc: tooperrider, John'; 'Davis, Pamela', 'Illegal, Robert F D' Subject: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court — Family Division, Family-Focused Juvenile Drug Court Program (SCAO) Michigan Drug Court Grant Program — State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or.DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 9, 2009 GRANT INFORMATION Date: October 2, 2009 Operating Department: Circuit Court — Family Division Department Contact: Pamela L. Davis and John Cooperrider Contact Phone: 858-0247 and 858-0256 Other ID Number: SCAO-2010-007 REVIEW STATUS: Acceptance — Resolution required Funding Period: October 1, 2009 to September 30, 2010 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None IVIWDBE Requirements: No iala Piir ,rom: Agacinski, Karen [agacinskik@oakgov,corn] sent: Monday, November 02, 2009 10:24 AM 'Gala Piir% 'SeCor,‘,ine, Julie'; Sheaf, Cat* VanPeit, Laurie; Davis, Pamela; Davis, Patricia; 'Riegal, Robert F D'; Icahn cooperrider (cooperriderj@oakgov.com ) subject: Grant Review: Circuit Court - Family Division - Family-Focused Juvenile Drug Court Program (SCAO) - Grant Acceptance ?..ANT INFORMATION ?erating Department: Circuit Court — Family Division *iartment Contact: Pamela L. Davis and John Cooperrider )ntact Phone: 858-0247 and 858-0256 ther ID Number: SCAO-2010-007 auding Period: October 1,2009 to September 30, 2010 ew Facility / Additional Office Space Needs: None - Resources (New Computer Hardware Software Needs or Purchases): None fWDBE Requirements: No unding Continuation/New: Continuation pplication Total Project Amount: S510,348 nor Year Total Funding: $508,823 lew Grant Funded Positions Request: None langes to Current Positions: Continuation of positions #09711, #09712, #09835, #10677 irantor Funds: $29,250 'ate Budget: $510,348 ($460,080 funded through Child Care Fund St..1.33.1 Grant and In-Kind) /latch and Source: None required; please refer to contract budget detail for other support information. 'ROJECT SYNOPSIS [his review is submitted to continue the Juvenile Drug Court in Oakland County. Entitled Options, this family-focused uvenile drug treatment court graduated 69 youth since its inception. This post-adjudication program targets severely mbstance abusing youth that are non-violent repeat offender; charged with alcohol and controlled substance related violations. Clients are expected to participate in a 12-15 mouth program consisting of three, 12-week phases and an ifiereare component. REVIEW STATUS: Acceptance — Resolution required After reviewing this grant contract, with the changes that SCAO made at our request, there appears to be no unresolved legal issues that require action at this time. Karen P. Agacinski, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3'13 Floor Pontiac, Ml 48341 Phone Number: (248) 858-8677 Fax Number! (248) 858-1003 E-mail: agaciasilvanakcjov.com ERED.L.E_Q..E.LAND_CaNEIV.il*TIAL ATI*Qapigy cialirclunrattlicATIOV This e-mail is intended only for those persons to whom it is specifically addressed it is confidential and is protected by the attorney-Ghent privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. individuals are advised that any dissemination, reproduction or unauthorized review of this infomiation by persons 'other thz.in those listed above may constitute a waiver of this privilege and is therefore prohibited. if you !lave received th;s message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. OAKLAND COUNTY ADULT TREATMENT COURT Memorandum of Understanding TABLE OF CONTENTS Introduction 1 Mission Statement Adult Treatment Court Program Description Eligibility 2 Screening Confidentiality Discovery Defense Counsel Responsibility 3 Admission Procedure 4 Sentencing Credit 4 Court Sessions 4 Sanctions 5 Incentives Failure and Removal from Program 6 Adult Treatment Court Team Roles and Responsibilities 6 Role of the Prosecutor 6 Role of Defense Advisor Defense Advisor Selection 7 Role of Case Manager 8 Role of Coordinator . 8 Role of Substance Abuse Coordinating Agency. 8 Role of Community Corrections 9 Role of Sheriff. 9 Clerical Responsibility 9 Team Meetings 9 Team Communication 9 Treatment Stages 9 Stage One 10 Stage Two: Stage Three: . 11 Stage Four: 11 Evaluation 11 ATC (Track I) MOU Pave i Rev. 03-24-04 OAKLAND COUNTY ADULT TREATMENT COURT Memorandum of Understanding Introduction Studies have shown' a strong correlation between effective substance abuse or addiction treatment and a reduction in crime. Conversely, those who do not undergo treatment will return to criminal activity. Unless the cycle of addiction can be broken, at least 45% of defendants convicted of a crime involving drug possession will commit similar crimes within 2 to 3 years. National studies indicate that 50 to 60% of drug users commit further crimes after being in prison. The same studies suggest that the adult criminal justice system's mission of ensuring public safety may be met more successfully without the expense of incarceration if structured treatment is incorporated into the individual's probationary sentence. In 1999 the Oakland County Circuit Court processed approximately 5,575 felony offenders. Of these 54% (3,010) were non-violent offenders who received a probationary sentence or a jail term followed by probation. Many, over 58% (1,746), have orders of probation that prohibit alcohol or drug use. Despite such common prohibitions, a recent MDOC study reports that 32.6% of these same offenders test positive for alcohol or drug use while on probation. Consequently . . . criminal justice systems around the county have adopted intermediate sanctions, such as Drug Court, that incorporate substance abuse treatment into the continuum of sentencing choices. Presently, jail space is both very expensive and extremely limited. It costs $82 a day or $29,930 each year, simply to house an offender in the Oakland County jail without focusing on keeping him out of the criminal justice system upon release 2 . In today's climate, reducing such costs to taxpayers is a critical concern. The cost of putting a participant through the Treatment Court program, at approximately $29 per day, is far less than that of conventional incarceration, We have observed existing drug courts first hand and have examined voluminous materials published on adult treatment courts. We arc optimistic that our Oakland County experience will reflect drug court successes across the Country, which can be measured by decreased drug use and recidivism. Department of Justice Programs. Looking at a Decade of Drug Courts. 1998. It has oeen further suggested that the figure of $29,930 does not take into consideration the cost of building the jail as a physical structure, or ary similar capital expenses. A more accurate estimate of the total annual cost per incarcerated offender is realistically closer to $45,000. ATC (Track 1) MOU Page 1 Rev. (11-24-04 Mission Statement The Oakland County Sixth Circuit Adult Treatment Court is designed to use alternative judicial proceedings for chemically abusing or dependent, non-violent adult felony offenders. Recognizing that many offenders with substance abuse or dependency problems are engaged in criminal activity because of their abuse or dependence, the Adult Treatment Court works with them as an alternative to incarceration. Through judicial supervision and a continuum of treatment services with graduated sanctions to ensure community protection and safety, offenders are successfully reintegrated into the community. The Adult Treatment Court seeks to accomplish its mission by: • Mandating substance-addicted offenders to judicially supervised treatment as an alternative to incarceration; • Educating substance-abusing offenders about the hazards of substance abuse; • Providing rigorous case management to ensure that each participant complies with the treatment mandate; • Curbing substance abuse and helping all participants maintain long-term recovery and sobriety; • Through health education, reducing high-risk behaviors and identifying and treating the health problems of high-risk offenders; and: • Assisting participants with their vocational, educational or employment needs. Adult Treatment Court Program Description Eligibility As a prerequisite to admission to the program, the defendant must be charged with a non-violent offense for which community supervision is available under the provisions of Oakland County's implementation of Public Act 511. Further, the defendant must be presumptively placed in a sentence guidelines straddle cell likely to lead to incarceration. An eligible participant must have a reliable means of transportation and be a resident of Oakland County. Other factors such as the circumstances of the current offense, and/or the prior criminal history of the defendant may result in the defendant being deemed ineligible. The Prosecuting Attorney is the final arbiter of eligibility for the program. Screening At the outset of the Warrants Division review of a case, the Prosecuting Attorney shall screen the matter for PA 511 offense eligibility. . The prosecutor's file and court related documents will be marked to indicate this preliminary determination of defendant's eligibility, Pre-trial Services will screen all in-custody defendants for potential eligibility within 48 hours of arrest. ATC (Track 1) MOT: Pallc Rev. 0-24-04 Pre-Trial Services will also screen non-custody defendants for potential eligibility within 48 hours of a request to do so from the court, the prosecuting attorney ; law enforcement or counsel for the defendant. Screening shall be done by administration of NEEDS assessmenn 3 Pre-triai Services shall notify the prosecuting attorney of screening results within one business day of the screening examination. The prosecuting attorney shall reaffirm or deny eligibility within 48 hours of receipt of screening results from Pre-trial Services. Confidentiality Participants in the Adult Treatment Court will waive confidentiality via a signed waiver process. This allows all Adult Treatment Court team members full access to case records and the fruits of any investigations. Any statements made by a defendant participating in the program shall not be used against him or her in any subsequent adversarial proceeding. However, spontaneous statements made by the defendant which refer to unrelated criminal activity and which are not directly related to the defendant's participation in the Adult Treatment Court program, may be admissible in other criminal proceedings and such admissibility shall be determined in an evidentiary hearing pursuant to the Rules of Evidence, Discovery The prosecuting attorney will make every practical effort to provide full discovery (including a copy of defendant's criminal history) to defense counsel at or immediately following defendant's arraignment in district court, Defense Counsel Responsibility Defendant's counsel will expeditiously review the file, interview defendant and determine whether to proceed in a traditional adversarial manner or to forego those procedures in favor of seeking admission to the program.' (Generally defense counsel will have the interim between the 3 The NEEDS assessment provides a measurement of nine relevant domains including substance and alcohol abuse and establishes a Level of Care Index based upon the American Society of Addiction Medicine criteria, 4 Defense counsel must timely and thorougnly review the tile including client statements, searches, search warrant returns, line ups, physical evidence, police reports, will less statements and scientific reports; interview the client and determine whether a preliminary examination should be held, motions filed or hearings held. Defense counsel must provide the client with an assessment of the strength of the case, a summary of the traditional process for its disposition and the likely outcome including an explanation of the relevant sentencing guidelines and the benefits, detriments and requirements of the Adult Treatment Court program. The parties to tnis understanding will work to establish a specialized regimen of continuing legal education for all counsel appearing in the Adult Treatment Court as well as for counsel practicing criminal defense in Oakland County. ATC (Track 1) MOU Page 3 RCN... 03-24-04 appointment of counsel and the preliminary examination date and a further good cause adjournment of one week to evaluate the case and advise the defendant.) The defendant must be fully advised that entering the program waives the right to a preliminary examination, the right to bring motions and other fundamental rights associated with adversarial criminal proceedings. Admission Procedure After a defendant is deemed eligible for the program and after a decision to seek admission, all parties will make expedited efforts to facilita:e admission to the program. If the defendant and defense counsel determine that a preliminary examination should be held or that motions should be filed or adversarial hearing held the case will be returned to the regular court docket and the defendant will be ineligible for participation in the program unless the prosecuting attorney in his discretion agrees to admission after the adversarial process has begun. A defendant provisionally admitted to the program will appear for circuit court arraignment before the judge assigned to the case by blind-draw. The defendant will enter a plea of guilty before that assigned judge and at the judge's discretion will thereafter be sentenced to Adult Treatment Court as a condition of probation. (The assigned judge is responsible for insuring that waivers executed by defendant are voluntary with knowledge of the implications and possible consequences). The sentencing shall be preceded by a conventional pre-sentence investigation and report that will be prepared on the same schedule as criminal cases generally. Following a sentence to the Adult Treatment Court and admission into the program, the ease shall be reassigned to the docket of the Adult Treatment Court Judge for all further proceedings pursuant to MCR I (C). After entry of the guilty plea and sentencing, defense counsel will collaborate with the Adult Treatment Court Defense Advisor to assist in the transition of the case to the program. Thereafter. the Court's Defense Advisor will advise the defendant in the Adult Treatment Court, The guilty plea may be withdrawn if for any reason the defendant is not initially accepted into the program. A defendant accepted into the program and who is thereafter removed from the program due to his actions or omissions does not retain the right to set aside the guilty plea. Sentencing Credit A defendant who is removed from the program and who is then sentenced may receive credit for time in custody, work release, hoot camp or time in a residential or alternative incarceration program that was part of the Adult Treatment Court program in the discretion of the court and consistent with provisions of law. Court Sessions Sessions of the Adult Treatment Court will include the admittance and orientation of new participants into the program in conjunction with progress reports of offenders previously admitted. ATC (1 raci 1) MOI.: Page 4 Rev. 03-24-04 Each session will be held in open court to monitor the participation and progress of the participant, The Court shall alter the case management plans for individual participants as needed upon the advice of the treatment providers and Treatment Team. These conferences will generally occur every 2 to 4 weeks depending on the level of the defendant's participation, progress, and addiction. If necessary, the supervising agent will summons the defendant to appear before the Judge for an accelerated hearing. The Adult Treatment Court recognizes that men and women experience different challenges as they participate in treatment and therefore creates gender specific treatment programs. Gender specific treatment programs permit the Court, the treatment providers, and the participants to focus on the specific needs of the participants.5 For example, women often avoid treatment because of concerns for either child protective proceedings or further involvement with the criminal justice system.6 Likewise, many women enter treatment with unresolved medical issues, a history of physical and/or sexual abuse, and childcare concerns.' By developing gender specific treatment tracks, the Adult Treatment Court will focus more specifically and consistently on issues that challenge the participant's recovery. Thus, the Adult Treatment Court will work with the participant population on a gender-segregated basis. Sanctions The Adult Treatment Court Program must include set graduated sanctions that will be applied as an immediate and direct consequence of noncompliance with program expectations. The Adult Treatment Court Judge will apply the following graduated treatment interventions, to assist participants in complying with the program: • Increased drug testing • Increased frequency of court appearances before the Adult Treatment Court Judge • Commitment to a community residential facility for a specified period of time • Incarceration Violations will be sanctioned consistently as outlined in a sanctioning guide approved by the adult treatment court tearn and the Chief Judge. Incentives Incentives can be recommended by treatment staff and are granted at the Judge's discretion for particular accomplishments in treatment. The incentive system is intrinsic to the Court operation. When the opportunity arises,. the Court will seek to support treatment through positive reinforcement. Sonic methods are built into the process and are net event driven, (e.g. in-court 5 Center for Substance Abuse Treatment, U. S. Department of Health and Human Services, TIP Series 27, Comprehensive Case Management for Substance Abuse Treatriant-5.5 —57 (2001). 6 Planning for Alcohol and Other Drug Abuse Treatment for Adults in the Criminal .Iiistinp Svci, 18 — 20. ' Planning for Alcohol and Other Druo Abuse Treatment for Adults in the Criminai .11,stinp Rvtprn 18 — 20. rriF Eillia2 ATC (Track 1) MOU Rev, 03-24-04 Page 5 acknowledgment, early calendaring, etc.). Other, more specific, incentives are given less frequently when a participant has reached a treatment milestone. Failure and Removal from Program If, during the period of participation in the program, a participant is charged with a new felony, demonstrates assaultive conduct or refuses to enter or continue in a mandated treatment program or modality, the Adult Treatment Court Judge shall conduct a probation violation hearing to decide whether the participant may continue in the adult treatment court program. Both the People and the participant shall be represented by counsel other than the Defense Advisor at the hearing. After twice absconding from the program and being sanctioned therefor, a participant may be given one further opportunity to be successful in treatment. Should the participant fail again, the participant shall be expelled from the program and his or her case will be scheduled before the Adult Treatment Court judge for a probation violation hearing. In the event that a participant is removed from the Adult Treatment Court program, the case shall proceed before the Adult Treatment Court Judge On removal of defendant from the Adult Treatment Court program. counsel of record at the original sentencing (or substitute counsel) shall represent defendant before the Adult Treatment Court judge. The Adult Treatment Court defense advisor shall assist counsel for the defendant and provide relevant information as requested. Adult Treatment Court Team Roles and Responsibilities Role of the Prosecutor The Prosecuting Attorney will participate in Adult Treatment Court in. a non-traditional role that will include: (a) appearance at all sessions of the Adult Treatment Court and participation in all meetings of the Adult Treatment Court team (b) participation in training of Oakland County attorneys in Adult Treatment Court procedures (c) monitoring the effectiveness of treatment programs and Adult Treatment Court sanctions (d) representation of the People's interests in interaction with the court, the defense advisor, treatment providers, the probation department, law enforcement, legislative bodies and the media (e) joint effort with other principals in Adult Treatment Court to achieve community understanding and support for the program (f) dedication to continuing improvement of the structure, goals and operation of the Adult Treatment Court. ATC (Track I) MOU 6Pa,e Rev. 03-24-04 Role of Defense Advisor The Defense Advisor in the Adult Treatment Court will not have a traditional attorney-client relationship with participants in the Adult Treatment Court. Each participant shall sign a waiver of the attorney-client relationship with the Defense Advisor before entering the Adult Treatment Court. At all times, the Defense Advisor shall act according to the Michigan Rules of Professional Conduct. The Defense Advisor will assist and advise the Adult Treatment Court Program in the following manner: (a) Consult with initially retained or assigned counsel on the operations of the Adult Treatment Court (b) make every reasonable effort to keep defendants in the program (c) provide Don-confidential legal advice to defendant relative to the Adult Treatment Court during participation in the program (d) participate in all meeting of the Adult Treatment Court and its staff and be present during Adult Treatment Court sessions (e) work w continuously improve the structure, goals and operation of the Adult Treatment Court (f) participate in training of Oakland County attorneys in Adult Treatment Court procedures (g) be consistently knowledgeable about available treatment programs, facilities and personnel (h) represent the defense perspective in interaction with the court, the prosecuting attorney, treatment facilities, the probation department, law enforcement, legislative bodies and the media (i) join with other principals in the Adult Treatment Court program to achieve community understanding and support for the Adult Treatment Court program Defense Advisor Selection The parties to this understanding will engage in a joint effort to secure sufficient funds to underwrite the retention of a Defense Advisor and an alternate to function in the Adult Treatment Court, One person shall he selected by each of the following organizations to serve on an interview committee: • the Sixth Circuit Court Criminal Assignment Committee • the Criminal Law Committee of the Oakland County Bar Association • the Adult Treatment Court Planning Committee The interview committee will screen and interview applicants for the position of Defense Advisor and recommend up to four (4) persons for final consideration, The Chief Judge for the Oakland County Circuit Court will choose the Defense Advisor and the alternate, The Defense Advisor and alternate will serve a two-year term. The Chief Judge may, at his or her option, extend the term pursuant to Oakland County's procurement policies, upon recommendation by the Oakland County Prosecutor, Oakland County Sheriff, Chief Probation Officer, Oakland County Health Division's Chief of Substance Abuse, Oakland County ATC (Track 1) MOU Rev. 03-24-04 Page 7 Community Corrections Manager and the President of the Oakland County Bar Association or its designee. Role of Case Manager The ease manager will be a Probation Agent for the Sixth Circuit Court Probation Department who will closely monitor each participant through all stages of the program. The case manager will obtain an appropriate release from the Defendant and will also open a file on each Adult Treatment Court participant which, at a minimum, will contain an explanation of the rights and obligations of those persons who enter the treatment program, and an explanation of the process for graduating from the Adult Treatment Court. The case manager will also be responsible for assuring that the offender obtains an evaluation and has that evaluation filed with the Court. Once the evaluation is received and the person is placed in a treatment program, the case manager will develop a supervision plan for the participant which clearly spells out what the individual must do to successfully complete each phase and graduate from the program as a whole. Case managers will participate in all meetings concerning the participant and be present at gatherings of the Adult Treatment Court Team. Role of Coordinator The Adult Treatment Court coordinator will perform the following functions: (a) Attend and participates in adult treatment court team (b) Recruit, train and supervise the Adult Treatment Court staff and interns (c) Coordinate weekly satekeeping functions to identify new program candidates (d) Schedule and attend all pre-bearing conferences and status review hearings (e) Compile and collect documentation conceining the participant's progress and supply the information to the Adult Treatment Court team as required (f) Act as liaison to Office of Substance Abuse and any sub-contractors regarding service delivery issues, reimbursement, caseflow, etc. (g) Work with treatment funding agencies to maintain quality control over treatment and testing Providers through a variety of activities. (h) Develop and maintain a procedural manual for program operations (i) Create and maintain a data collection system to monitor program compliance, identify trends and provide a basis for evaluation (j) Participate in on-going evaluation of program effectiveness and recommend - improvements as appropriate (.k) Assist with communications to community stakeholders. judges, and funding sources regarding program status Role of Substance Abuse Coordinating Agency The Oakland County Health Division/Office of Substance Abuse Services (OSAS) shall participate in the selection and supervision of residential and outpatient treatment providers. ATC (Track 1) MOU Rev, 03-24-04 PauQ Role of Community Corrections The Oakland County Community Corrections Division shall provide funding support to the Adult Treatment Court for those offenders who meet Public Act 511 eligibility and are diverted from prison as a result of their participation. Role of Sheriff The Oakland County Sheriffs Office shall attend sessions of the court as requested by the ATC judge. The Oakland County Sheriffs Office shall also provide staffing sufficient to assure the safe custody of program participants as may be ordered by the court and transportation of in- custody participants as necessary for court appearances. Clerical Responsibility Clerical support will be provided by court staff and will include the preparation of court files, the Adult Treatment Court eligibility roster, courtroom calendars, computer entries, and the collection of data to document the activities of the Adult Treatment Court. Al! docket entries shall follow common practices and protocols. Team Meetings The Adult Treatment Court Team shall consist of the judge, the case manager, the prosecutor, the defense advisor, a treatment provider, and the adult treatment court coordinator. Treatment providers will consult and/or participate on invitations of the team. The deliberations of the team shall be confidential except that team members may share information with other representatives of their agency or office as required for case continuity and policy development. The defense advisor is expressly authorized to share information with counsel for a program participant. Team Communication It is the intent of the parties that all substantive communications should be to all Adult Treatment Court team members simultaneously. Ex parte communications with the Court on the merits of a matter by defense, prosecution, or treatment personnel will not occur. Provided, however, that consistent with People v Smith, 423 Mich 427 (l985) "The probation officer may consult with the judge outside the presence of defense counsel". This communication is essential in maintaining records and furthering the court's regular business. Simultaneous sharing of information is best accomplished in team meetings or by electronic communications. Treatment Stages An Adult Treatment Court participants will be offered a comprehensive and integrated drug treatment and rehabilitation service to be supervised by the Adult Treatment Court Judge. Individualized treatment will consist of four stages. each of which will have specific treatment objectives, therapeutic and rehabilitative activities, and requirements for graduation. ATC (Track I )MOC PagL. 9 Rev. 03-24-04 The Adult Treatment Court team, together with selected treatment agencies and the Office of Substance Abuse Services will implement standards developed for this program. These standards will guide the treatment "Stages". Stage One: Stage One is established to engage the eligible offender in the treatment process. Upon acceptance into the program, with all waivers signed, and based on the NEEDS assessment data andior Office of Substance Abuse Services approval, the participant will: • Report to one of the funded/licensed substance abuse Outpatient, Intensive Outpatient (TOP) or Residential substance abuse treatment programs participating with the Adult Treatment Court • Attend treatment sessions as established in the treatment plan approved by the Adult Treatment Court • Submit to drug/alcohol screens two or three times a week at a prescribed location • Attend Adult Treatment Court on a bi-weekly basis • Meet with the Adult Treatment Court case manager weekly • Attend 45 treatment meetings in 90 days • Have an AA or NA sponsor by the end of the 90-day period • Follow through with other referrals for specialized treatment or intervention programs This stage is designed to last a minimum of 4 months, Depending on the individual's treatment plan and his success, the Judge, with the advice and counsel of the treatment provider and team members, will ultimately decide when to move the participant to Stage Two; provided, however, that a participant must have been without a Level A program sanction for four (4) consecutive months. Stage Two: Stage Two includes a continuation of the treatment component described in St= One with less intensity. The participant will: • Step down to the next level of treatment (i.e. IOP, Outpatient or Aftercare treatment) upon recommendation by the treatment provider and Adult Treatment Court team • Submit to random drug/alcohol screens as prescribed by the treatment provider or the Step-Forward program (usually weekly) • Meet with the Adult Treatment Court case manager at least once a month, or as otherwise delineated • Attend the Adult Treatment Court monthly • Attend treatment meetings at least three times a week • Introduce the participant's AA or NA sponsor to the Adult Treatment Court • Begin restitution payments, if applicable • Follow through with other referrals for specialized treatment or programs • if unemployed, or employed part-time, seek full time employment • Enroll in school (high school GED, trade school, or college) as a full time student. ATC (Track 1) MOU Page 10 Rev. 03-24-04 This stage is designed to generally last 3 to 4 months, again depending on the participant's individualized treatment plan. Drug/alcohol screens must not be less than twice a month at this stage. The Judge, with the advice and counsel of the treatment provider, and team members, will ultimately decide when to move the participant to Stage Three: Stage Three: • Step down to the next level of treatment (i.e. Outpatient to Aftercare) upon a recommendation by the treatment provider and the Adult Treatment Court team • Submit to random drug/alcohol screens as prescribed by the treatment provider, the Adult Treatment Court team and Step-Forward at least once monthly • Meet with the Adult Treatment Court case manager monthly • Attend the Adult Treatment Court at least once a month • Attend treatment meetings at least three times every week • Provide a report from the AA or NA sponsor to the Adult Treatment Court Judge once every month • Provide documentation of full-time school enrollment or employment • Continue payment toward restitution This stage is designed to last approximately 3 to 4 months, again depending on the participant's individualized treatment plan. The Judge, with the advice and counsel of the treatment provider, and core team members, will ultimately make the decision when to allow the participant to graduate to Stage Four. Stage Four: Stage Four is designed to act as an integration and aftercare stage lasting 3-4 months depending on the progress of the participant. One month before graduation, the participant will return to weekly drug/alcohol screens. The case manager will be responsible for securing a LEIN check to ensure the participant has not been charged with a new offense. The Judge, with the advice and counsel of the treatment provider and core team members, will decide when to allow the participant to graduate from the program. Before graduation can occur, the participant must have a minimum of four (4) consecutive months of negative (clean) drug and alcohol testing. Evaluation Under terms of the grant, the Adult Treatment Court must allow representatives of the Michigan Supreme Court and the Supreme Court Administrative Office to evaluate, audit, inspect and monitor operation of the court. An independent evaluator may be selected to assist in this evaluation. Process evaluation measures will gauge the effectiveness of the program by determining: ATC (Track 1) MOT; Pa,re II Rcv. C3-24-04 Date: 49L/ WeridtB,POtts, Chief Judg Oakland County CA-cult Court Kenneth A_ud, Chiiel Probation Officir Michael Boilrhard Oakland County Sheriff David G. GorcYca Oakland County Prosecuting Attorney R D):d.6a Bare Defense Advisor 1 ( n•n Date: • Whether the project, as designed, has been implemented • How team members are functioning together • Whether participant needsa=batirtgmerved, and how often • If the procedures for status review hearings are operating smoothly. • Whether offenders were effectively engaged in the program (Le. retention rates, uses of sanctions) • Proudm impact, including statisteurrr n relevant to recidivism a Other relevant information )1 identified by the evaluator Oakland County 1314bation Dept. ///4-ee-t_ frarbara Hankey, Manager Oakland County Community Come ions ( D ‘:/' Sandra L. Kosik Oakland County Health Division/ Office of Substance Abuse Date; J-3/.09z Date: Li Date: I 31°'40 4( Date . 3 — ")c,- 0 41 Date: ? 6) V ATC (Track i) MO1: Rev, 03-24-04 Pap. i 2 IVIICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2010 GRANT CONTRACT 6th Circuit Court - Juvenile - • Grantee 38-6004876 Federal ID Number SCA0-2010-007 SCAO Contract Number $29,250 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 arc awarded based upon the Grantee's agreement to comply with 2004 PA 224. the policies and procedures set forth in the amended application assurances, attached to this contract and administrative requirements for the program, and this contract. 1. Contract This contract incorporates the Grantee's approved grant request, amended assurances and final approved budget. The Court has fully advised SCAO of programmatic changes that are the result of administrative, economic and budget constraints, including the elimination of the prosecutor from regular team meetings. SCAO acknowledges that it has been advised of the changes and notwithstanding this information, awards this glint for drug court program expenses of participants who were in the program on or before September 30. 2009. SCAO has agreed that the Court is not required to submit a revised application and program description reflecting these changes. The Parties acknowledge that the actual program will differ from the program described in the application. 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. M ihin Drug Cour! Grant Program — FY 2(HO 5. Conduct of the Project A. The Grantee shall abide by all terms and conditions required by the amended 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 A-Ey Components of drug courts as outlined in the application assurances. C. The Grantee shall comply with all applicable federal, state, and local laws, titles, 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: (I) 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 miciiiyan Drug Court Grant Program — FY 2011J 3 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. 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, 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 requrements 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 HIP.,k.A Michigan Dreg Court G7nnt Program FY 2010 4 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 MINA and/or 42 CFR Part 2 requirements in the terms and conditions of the subcontract. 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 IIIPAA 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. Michigan Drug Court Grant Prog-ram — FY 2010 5 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 arc, for purposes of workers compensation liability or other actions of employee-related liability, not employees of SCAO or the Michigan 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 ‘vaiver 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 izh: gan Dnig Court Qt-cmt Program — FY 2010 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 (1) the administrative and budget requirements of the MD COP. 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 request, final approved budget, and any applicable approved contract addendum andior 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 andlor 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, Nan audit is initiated before the expiration of the live-year period, and extends past that period, all documents shall be maintained until the audit is complete. SCAO shall provide audit ichig.an Drug Court Grant Program — FY 2010 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 SCA°. 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. 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 SCAO 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 Michigan Drug Court Grant Program FY 201{1 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 duo 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. 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 Rqports: Recipients of the MDCOP operational funding are required to submit quarterly to SCAO a DCCMIS Data Validation and DCCMIS Data Exception Report : 1. Data Validation Report: The number of admissions, discharges. and open eases 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. Michigan DruE Court Grant Program — FY 2010 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 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, L. Grant FundinLReallocation: SCAO retains the right to reallocate grant funding if ongoing progress is not being made toward achieving the program's gcals and objectives and/or in the implementation of the drug court grant project as defined in the approved grant request. Reimbursement for grant costs andior 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. / 7. Reimbursement A. Reimbursement from SCAO is based on the understanding that SCAO finds will be paid up to the total SCAO 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: hup://www.cpexpress.state.mi,us. Micl-tian Drug Court Grant Pt-ograni — FY 2010 G 18. Budget Modification Adjustments in expenditures up to 51,000 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 S1,000 must be made using a Contract Adjustment Request form which can be obtained from SCAO. 19. Funding Hold or Termination SCAO may place a funding hold on contacted 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 effectiNe date. 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. 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. Michigan Drug Court Grant program — FY 2310 1 ID. This contract may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCAO, 21. Conflict of Interest The Grantee and SCAO are subject to the provisions of 1968 PA 317, as amended. MCL 15.321 ei 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. 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 ChiefJudge (please print name) Michigan Drug: Cour( Grant Program — FY 2010 12 ASSURANCES The Assurances attached to this grant contract amend, fully replace, and supersede the Assurances submitted to the SCAO by the Sixth judicial Circuit Court as part of the Drug Court Grant Application for FY 2010. 1. Applicant must provide assurance that there has been, appropriate consultation with all affected agencies in planning and implementation of the drug court program. Pursuant to 2004 PA 224, applicant is required to have a valid fiscal year 2009 memorandum of understanding with each local prosecuting attorney, a representative of the criminal defense bar, and a representative or representatives of community treatment providers, as well as any other parties considered necessary to successful planning and implementation. L. Applicants must provide assurance that all treatment programs and providers used in the drug court program are licensed and/or accredited by appropriate state government or professional agencies. 3. Applicants must provide assurance of the intention of the jurisdiction to continue the program after funding from the Michigan Drug Court Grant Program (MD CGP) has been exhausted. 4. Applicants must provide assurance that all recipients of funding under this grant program are required to comply with nondiscrimination requirements contained in various federal and state laws. Each applicant court should have a copy of their Equal Employment Opportunity plan on file and avanable for review by the State Court Administrative Office upon request. 5. Applicants must assure that they and any subgrantees will not use funds from the Michigan Drug Court Grant Program for lobbying and that they will disclose any Lobbying activities related to the Michigan Drug Court Grant Program. 6. Recipients of funding under this grant agree that all expenditures, including personnel services, contractual services, and supplies, shall be in accordance with the standard procedures of their court. The grantee's accounting system must maintain a separate fund or account to support expenditures. Recipients of funding agree to maintain accounting records following generally accepted accounting principles for the expenditure of funds for purposes identified in the budget and any budget amendments. 7. State funds may not be used to replace (supplant) funds that have been appropriated for the same purpose. 8. Recipients of funding will assure that the Michigan Supreme Court. the 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 shall have access to and the right to examine, audit, excerpt. copy, or transcribe any pertinent financial transactions, accounting records, or other fiscal records related to this grant. Such records shall be maintained for a period of five years after completion of the grant project or until all State Court Administrative Office audits are complete for the fiscal period, whichever is later. Recipients shall provide quarterly reports on the funds received and expended by the drug treatment court in the form required by the State Court Administrative Office. 9. Applicants agree to collect and provide program and participant data in the form and manner required by the State Court Administrative Office, and to participate in follow-up and evaluation activities. 10. Applicants receiving awards from SCAO agree to utilize the SCAO Drug Court Case Management information System to manage drug court cases and report all data to SCAO pursuant to 2004 PA 224, § 1078. 111. Applicants who receive funding from the Michigan Drug Court Grant Program must follow the ten key components of drug courts developed by the National Association of Drug Court Professionals. Additionally, applicants agree to follow all applicable state laws, court rules, and administrative orders pertaining to the operation of drug courts and adjudication of related cases. 12. Applicants agree to participate in State Court Administrative Office required training including the Bureau of Justice A.ssistance's Drug Court Planning Initiatives (DCPI). Courts that apply to DCPI training, but are not selected, must agree to participate in DCPI training if provided by the State Court Administrative Office during the funding year. 13. All recipients of funding under this grant program will ensure that violent offenders, as outlined in 2004 PA 224 and defined below, will be excluded from the drug court programs. a. "Violent offender" means an individual who meets either of the following criteria: i. Is currently charged with or has pled guilty to, or if a juvenile, is currently alleged to have committed or has admitted responsibility for, an offense involving the death of, or a serious bodily injury to any individual. or the carrying, possessing, or use of a firearm or other dangerous weapon by that individual, whether or not any of these circumstances are an element of the offense, or is criminal sexual conduct of any degree. Has one or more prior convictions for, or if a juvenile has one or more prior findings of responsibility for, a felony involving the use or attempted use of force against another individual with the intent to cause death or serious bodily harm. 14. Applicants agree that if a federal 501(e)3 exists or is developed for drug court purposes, or if the drug court develops a partnership with an existing 501(c)3, that no employee of the court will be directly involved in the operations of the 501(03. 15, The State Court Administrative Office may suspend funding in whole or in part or terminate funding for the following reasons: a. Failure to comply with the requirements of the grant program, which includes the submission of financial reports, quarterly data reports, and biannual progress reports within the required time periods. b. Failure to make satisfactory progress toward the goals or strategies set forth in this application. c. Failure to adhere to the requirements in the grant contract. d. Proposing or implementing substantial plan changes to the exten: that the application would not have been selected for funding, e. Filing a false certification in this application or other report or document. 1. Other good cause shown, 16. The individuals with express authority to act in the name of the applicant in the positions of project director, financial director, and authorizing official should be the grant signatories. The signatures commit the applicant to the terms and conditions of the grant contract and attest to the accuracy of al information the applicant has supplied in the grant application or through oral report of programmatic changes that are necessary because of recent adminis:rative, economic, and budget constraints. The project director :s responsible for directing the implementation of the drug court grant project. The financial officer is the individual who is fiscally responsible for this project, and is responsible for accountability for the state grant funds. The authorizing official is the individual authorized by the court to enter into this agreement. The State Court Administrative Office prohibits the same individual from signing in more than one capacity. By signing the assurances form, the applicant court assures that it will comply with the requirements set forth in the grant application in order to receive funding under the Michigan Drug Court Grant Program. COURT NAME: Project Director (Name/Title) Project Director (Signature) Date: Financial Officer (Name/Title) Financial Officer (Signature) Date: Authorizing Official (Name/Title) Authorizing Official (Signature) 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 Wendy I ynn Potts Chief Judge 6th Circuit Court Courthouse Tower 1200 N. Telegraph Rd. Pontiac, MI 48341 RE: FY 2010 Michigan Drug Court Grant Program Award 6th Circuit Court - Juvenile Drug Treatment Court Dear Chief Judge Potts: We are pleased to inform you that your court is being awarded a grant in the amount of $29,250 from the Michigan Drug 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 only be 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 queaions, please contact Gary Secor at 517-373-4854, or by c-mail at secorg@courts.mi.gov. Sincerely, efd.4.4,442.,A Dawn A. Monk cc: Mr. Gary Secor Ms, Deborah Green., Region I Administrator Mr. Kevin Oeffner, Court Administrator Ms. Pamela Davis, Drug Court Project Director/Contact 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 July 16, 2009 Ms. Pamela Davis Drug Court Project Director Oakland County Circuit Court Courthouse Tower 1200 N. Telegraph Road, Dept. 404 Pontiac, MI 48341-0404 Re: Operation of the Adult Drug Treatment Court and the Juvenile Drug Treatment Court in Oakland County Absent Continued Prosecutor Support Dear Ms. Davis: During our recent discussion, you requested that the State Court Administrative Office (SCAO) outline what continued level of support we could provide to the Oakland County Adult Drag Treatment Court and the Juvenile Drug Treatment Court if the prosecutor is no longer involved in these programs after September 30, 2009. The SCAO supports drug treatment courts and is committed to assisting Oakland County in the continued operation of its drug treatment courts. As we indicated, Oakland County will continue to be eligible for grant funding from the Michigan Drug Treatment Court Grant Program to allow participants enrolled in the drug treatment courts prior to October 1, 2009, to complete the programs. We will need a list of all participants in the programs as of that date and the estimated graduation dates. Please feel free to contact me at 517-373-0128 if you have any questions or need additional information. Sincerely, 1(747h/- Dawn A. Monk cc: Chief Judge Wendy Potts Carl L. Gromek Richard Woods FISCAL NOTE (MISC. t09273) November 12, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: CIRCUIT COURT - FY 2010 JUVENILE AND ADULT DRUG COURT COMBINED SCA° 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 Circuit Court nas received two grants from the State Court Administrative Office (SCA0), Michigan Drug Court Program, for the period of October 1, 2009 througn Septenber 30, 2013. 2. TO'-d: funding cf $743,490 is derived from the following sources: - Adult OCAO award (fund 27139) of $35,000. - Juvenile SCAO award (fund 27140) of $29,253. - Child Care Fund (23293) support of $516,648 for position c)3:9, and oontrollable operating costs. General Fund (in-kind) support of $12,600. - .7A 511 Commtrnity Corrections funds of $103,000 for contractual services. - Department of Human ServicesiBuream of juvenile Justice grant (2,:!S/BJ: fund (27270) (in-kind) grant funding support of $50,063 for doatractual services for drug testing and therapy. 3. There are five ;5) full time eligItle positions to support both the Adult and juvenie Drug Courts totaling $383,649. These positions are proportionately fundecj. as .c.liewL: SR full-time eligible Youth and Fax.ily Casework Supervisor position ;3313492-09712) wita the total personnel cost of $99,550. This position is funded as follows: Adult Drug Court SCA() funds totalng $24,ial, Juvenile Drug Court SCAO funds totaling $10,146, and Child Cate Funds totaling $60,223. Ofao sa full-time eligible Technical Assistant position )3C.3402- 10517; with the total personnel cost of $63,963. This position is funded as follows: Adult Drug Court SCAO funds totaling 813,819, Juvenile Drug Court SCAO funds totaling $5,607, Child Care funos totaling $44,537. One •1) SR full-time eligible Youth and Family Caseworker II position (3013432-09711) with the total personnel cost of $95,899. This position is funded as follows: Juvenile Drug Court SCAO funds totaling $6,148, am. Child Care Funds totaling $89,151. (,ne SR full-time eligible Youth and Family Caseworker 51 position ;3013402-09035 with the total personnel cost of $95,899. Ihfs position is funded as follows: Juvenile Drug Court SCAO funds totaling $6,749, and Child Care Funds totaling $89,150. - ri-JQ approval of the Child Care fund contract per MR #09198 authorized Lae court to charge 20:, of one Cl GF/31) Manager of Court Services pcsition (3010402-37512; to the Child Care fund totaling $2,33 ..S. The County will receive a reimbursement of $14,169. 4. Total Cflaerating Costs for t'ne At and Juvenile 2rug Court Program is $347,249. The Operating Costs consist of the following; 1 -ndirect Costs of *28,45, Lersoral Mileage of $15,795, Professional Services. $2 .g9,969, Travel dnd Conference $l:,C0C, Testing Materials $37,900, and Training and Education $4,000. 5. Oakland County's in-kind contribution is estimated to be $12,600 for FY 2010. This amount is derived by estimating Judges' tire, Court Referees' time, Support staffs' time, and internal services spent on the drug courts. Please note the Judges Salaries are reimbursed by the State. All in-'kind General Fund contributions are included in the FY 2013 Adopted :7!udget. 6. A FY 2010 budget amendment is recommended to reflect the SCAO grant awards, and to amend the Child Care Fund. (See Attached Schedule A) FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Potter absent. THE FOREGOING RESOLUTION /// / /0 5 Resolution #09273 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: Capello. 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 8nd affixed the seal of the County of Oakland at Pontiac. Michigan this 12th day of November, 2009. eat Ruth Johnson, County Clerk