Alameda County Public Defender

Transcription

1 Alameda County Public Defender Lakeside Plaza Office 1401 Lakeside Drive, Suite 400 Oakland, CA (510) Diane A. Bellas Public Defender October 26, 2010 Agenda Item : November 9,2010 The Honorable Board of Supervisors County ofalameda 1221 Oak Street, Suite 536 Oakland, California Dear Board Members: SUBJECT: Authorize the Public Defender to execute the Operating Agreement for the Parolee Reentry Court Program (PRC) between the Superior Court of California, County of Alameda and the Public Defender, and approve the MOU between the Superior Court of California, County of Alameda and the Public Defender, subject to final review by County Counsel. Dear Board Members: RECOMMENDATION: It is respectfully requested that the Board: I. Authorize the Public Defender to receive grant monies from the Superior Court of California, County of Alameda for the provision of legal services to parolees under the jurisdiction of the Parolee Reentry Court Program. Representation will be provided by the Public Defender as detailed in Attachment A. 2. Authorize the Public Defender to execute a Memorandum of Understanding between the Superior Court of California, County of Alameda, and the Public Defender, as detailed in Attachment B. 3. Authorize the Public Defender to execute an Operating Agreement for the Parolee Reentry Court Program with the Superior Court of California, County of Alameda, for the transfer of funds in an amount not to exceed $79,206, for the provision of legal services described in Recommendation Number One and Attachment A.

2 The Honorable of the Board of Supervisors October 26, Page 2 DISCUSSIONIFINDrNGS: The Superior Court of California, County of Alameda has been awarded a $1.5 million grant to establish a pilot Parolee Reentry Court for the 2.5-year period March t, 2010 to Sept. 30, The California Corrections Reform package and the Budget Act of 2009 designated $9.5 million in American Recovery and Reinvestment Act (federal stimulus funds) to establish seven pilot programs in California. The California Emergency Management Agency (CaIEMA) Crime Suppression has designated the seven pilot Counties to be Alameda, Los Angeles, Orange, San Diego, San Francisco, San Joaquin, and Santa Clara. Parole Reentry Courts employ a collaborative justice model and evidence-based practices to reduce recidivism, revocation, and re-incarceration among parolees. The model being used in Alameda County integrates intensive supervision, case management and behavioral health treatment with enhanced judicial monitoring, thus promoting public safety. A parole officer may refer parole violators with a history of violations, substance abuse and/or mental illness to the court in lieu of revocation to prison or other alternative sanction. If the court admits the candidate into the program, the judge has authority over the parolee's supervision and uses a series ofgraduated sanctions (as well as incentives) to reintegrate the participant safely back into the community. The Alameda County PRC Team consists of the Judge, the Public Defender, District Attorney, a designated Parole Agent assigned by CDCR, and two Parolee Reentry Specialists (Case Managers) hired by the Court. The team meets one day a week to accept candidates, case conference (review and recommend on treatment planning, sanctions and incentives) and engage with participants (parolees) during the weekly hearings. The Parolee Reentry Specialists facilitate referrals and communication with contracted community based mental health, substance abuse treatment, family counseling, and vocational program providers. In addition, Specialists help participants access services offered by the Department of Adult Parole (a mental health outpatient clinic, literacy lab, GED testing and housing are examples). Program duration varies with the individual, and is anticipated to be approximately 9 months followed by continuing aftercare. Program exit goals include completion of community based treatment programs, entry into living wage employment and stable housing, and improved mental health and family functioning. The Alameda County PRe has a goal to serve a minimum of 250 participants between October 1S! 2010 and September 30, The PRC wi 11 be evaluated by the Administrative Office of the Courts and Califomia Department of Corrections and Rehabilitation.

3 The Honorable ofthe Board ofsupervisors October 26, 20 I0 Page 3 FfNANCfNG: The Public Defender's receipt of funds in the amount of $79,206 for the provision of legal services to parolees, pursuant to the Operating Agreement and MOU between the Superior Court of California, County of Alameda, and the Public Defender, will have no impact on County General Fund Revenue. Respectfully Submitted, DIANE A. BELLAS Public Defender cc: County Administrator Auditor-Controller County Counsel

4 ATUCHMENT A Superior Court of California, Alameda County Operating Agreement for the Parolee Reentry Court Program (PRC) Superior Court of California, County of Alameda, and the Alameda County Public Defender Background: The Superior Court of California, County of Alameda, has been awarded a grant from the California Emergency Management Agency (CaIEMA), using funds derived from the federal American Recovery and Reinvestment Act for the operation of a Parolee Reentry Court to serve a minimum of 250 participants over a two and one half year period, authorized under Penal Code The Reentry Court intends to build upon existing reentry programs and collaborative court practices to establish a comprehensive, multi-jurisdictional approach that responds to past challenges, current opportunities, and prospective strategies to ensure safer communities. Purpose: The Alameda County Public Defender ("PO")'s office has agreed to collaborate with the Superior Court of California, Alameda County on the implementation and operation of the Parolee Reentry Court for Alameda County_ The program is designed so that the PO can collaborate with the Judiciary in non-adversarial proceedings with the goal of helping participating parolees make a successful transition from incarceration to the community. The effective period of this Operating Agreement is September 1, 2010 through September 30, Program Goals and Objectives: The Parolee Reentry Court Program ("PRC") is designed to provide intensive community-based treatment for parolees recently released from incarceration. It is understood that jails and prisons are often poorly suited both to deter and rehabilitate these individuals. By providing intensive case management in the context of judicial authority, the PRC program focuses on promoting stabilization and accountability in all areas of a parolee's life. The resulting goals are to reduce recidivism, protect community safety, health and property, and improve the quality of life of individuals on parole. Reentry Court Steering Committee: The PO (or assigned representatives) will participate as a member of the Reentry Court Steering Committee ("ReSC"). The Steering Committee will meet quarterly to reinforce the collaborative tenets and seek ways to enhance services. Programmatic issues will be discussed and resolved at this level. RCSC participants will include, in addition to the Judge, representatives from the office of the District Attorney, the office of the PO, from CoCR/Parole, a representative of the Alameda County Board of Supervisors, and representatives from Community Based Organizations that provide services to persons who have been convicted of a criminal offense. Minutes of RCSC meetings will be made available to all members. Reentry Court Team The Reentry Court Team ("RCT') is chaired by the Reentry Court Judge, and includes the Judge, the DA and PO (or their assigned representatives), a Parole Agent, and the Parolee Reentry

5 Specialist(s). The RCT members are expected to attend all team meetings and court appearances. Court will be held one half-day per week and Team meetings for case conferencing will take place one half day per week to discuss new applicants and participants' progress. Among other things, the RCT will review and agree on Participant Eligibility and Termination Criteria, for submittal to the California Department of Corrections and Rehabilitation ("COeR"). ReT members agree to accept the Collaborative Justice Court Principles: 1. Collaborative justice courts integrate services with justice system processing. 2. Collaborative justice courts emphasize achieving the desired goals without using the traditional adversarial process. 3. Eligible participants are identified early and promptly placed in the collaborative justice court program. 4. Collaborative justice courts provide access to a continuum of services, including treatment and re habilitation services. 5. Compliance is monitored frequently. 6. A coordinated strategy governs collaborative justice court responses to participants' compliance, using a system of sanctions and incentives to foster program compliance. 7. Ongoing judicial interaction with each collaborative justice court participant is essential. 8. Monitoring and evaluation measures the achievement of program goals and gauges effectiveness. 9. Effective collaborative justice court operations require continuing interdisciplinary education. 10. Forging partnerships among 'collaborative justice courts, public agencies, and comm unitybased organizations increases the availability of services, enhances collaborative justice court effectiveness, and generates local support. 11. Effective collaborative justice courts emphasize a team and individual commitment to cultural competency. Awareness of and responsiveness to diversity and cultural issues help ensure an attitude of respect within the collaborative justice court setting. Eligibility Determination and Admission to the Program The CDCR Division of Adult Parole will pre-screen Parolees to determine their eligibility for the PRCP, and refer candidates for admission into the program. The PO may provide available and pertinent information regarding the candidates past history. The Judge, DA, the PO, and the assigned Parole Agent will review the referrals (candidates) and present their recommendations on the candidate's appropriateness for the program. The Alameda County District Attorney's Office is concerned with public safety and reserves the right to object to the inclusion of any parolee, particularly a parolee whose parole violation is a violent or serious felony within the meaning of section (c) and/or of the Penal Code. Based on the perceived risk factors for each parolee, the DA and PO may make recommendations to the court for the appropriate level of supervision for the participant: e.g. weekly, monthly, or twice monthly court appearances. The judge has the ultimate authority for accepting or rejecting a candidate, and any objections from team members will be placed in the file. Treatment Plan and Case Management After a Parolee is admitted to the PRC he/she will meet with the Parolee Reentry Specialist (Case Manager), who will explain the program rules and expectations and obtain a release from the participant to share confidential information. The Parole Reentry Specialist will cause diagnostic and risk assessments to be periormed, including the Addiction Severity Index (ASI) and a mental health assessment. Working with Community Based Organizations, the Parolee Reentry

6 Specialist will develop a draft Treatment Plan for each Parolee and will present the plan to the ReT for review and comment. The Parole Reentry Specialist will prepare monthly progress reports that document ongoing contacts with the Parolee; the Parolee's attendance and progress at treatment provider programs; his/her participation in vocational counseling, mental health, family and other counseling; and other activities that support the Treatment Plan goals. Progress reports will be updated and presented for review at the RCT meetings. Parole Violations, New Offenses and Sanctions If a Parolee violates the terms of his/her Parole, or fails to comply with the terms of the Treatment Plan, he/she shall be subject to sanctions. The RCT will discuss the level of sanctions appropriate to the violation, and make recommendations to the Judge. Under the terms of the Enabling Legislation for the Parolee Reentry Court Program and Penal Code 3015 "the court, with the assistance of the parolee's parole agent, shall have exclusive authority to determine the appropriate conditions of parole, order rehabilitation and treatment services to be provided, determine appropriate incentives, order appropriate sanctions, lift parole holds, and hear and determine appropriate responses to alleged violations, unless and until the court terminates the parolee's enrollment in the program". The District Attorney represents the People in order to protect public safety. In the event that that a Parolee commits a new offense, the District Attorney, as the law requires, has the sale legal responsibility to determine whether or not new criminal charges are appropriate. The Public Defender will be available to represent and advise participants to facilitate resolution of legal issues and may serve as counsel for a Parolee potentially SUbject to sanctions, for noncompliance with his or her customized treatment, supervision and incentive plan, or counsel for new offenses. The objective of the Public Defender's participation in the referral and review process is to advocate for application of evidence-based practices, for the purpose of reducing reincarceration and increasing community integration. The Public Defender will maintain regular contact with the Parolee, and will therefore assist the Court in distinguishing between willful failure and treatment failure. Additionally, the Public Defender's experience with local, communitybased treatment! education/ rehabilitation programs, combined with the Public Defender's access to current, relevant information about the parolee's personal circumstances, will enhance the Re Entry Court Team's ability to design individual plans that maximize successful outcomes. Evaluation The RCT will develop methods for reporting outcome measures in conjunction with the Administrative Office of the Courts ("AGC") and demonstrate use of Evidence Based programs and services. The RCT will meet with the Evaluation Consultant in regularly scheduled intervals to assist in the evaluation of the program. The PD will be asked to provide input to be included in the quarterly program evaluations to be submitted to the AOC. The PD will receive outcome data and evaluation reports on the program and will be invited to attend regional training, conferences, studies and research efforts regarding Reentry Courts. Additional Responsibilities and Opportunities The Parolee Reentry Court Program must be administered by the Reentry Court Team who shall receive ongoing training in utilizing collaborative court methods. Team members will also be

7 Memorandum ofagreement The following agree to have their personnel assigned to the Parolee Reentry Court Program, and to abide by and adhere to the duties, policies and procedures as set forth in this Operational Agreement, effective upon signing: Superior Court of California, County of Alameda Date Public Defender Date. P. t=l(} 'FD S TO FORM.le ARLo~. WINNIE 8Y~-

8 ATTACHNENT B MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into between the Couoty of Alameda, Public Defender ("PO"), and the Superior Court of California, County of Alameda ("Court") to provide for payment to the PD in support of providing legal representation to parolees in the Parolee Reentry Court Program ("PRCP"). I. Fiscal Agent: The Court is designated as fiscal agent for the PRCP by the State of California Emergency Management Agency. As such, the Court shall serve as "Payer" of PRCP funding consistent with the terms of the grant and other governing provisions. 2. Invoicing: The PD shall submit invoices for payment on a monthly basis, which shall be based on actual costs including but not limited to attorneys' fees incurred for provision of PRCP services. Invoices shall be in the format, and contain information, as determined by the Court. 3. Payment Approval: TIle Court, upon receipt of a proper invoice for payment from the PD, shall forward approved payment to its Finance Department for processing. Reimbursement shall be made on a monthly basis. 4. Use of Funds: Funds allocated pursuant to this MOU are to be used solely for the provision of PRCP services as approved by the State of California Emergency Management Agency. The Court is not liable for any costs claimed by the PD that are used for other purposes. S. Maximum Disbursement. The total amount payable by the payer to the payee during the term of this MOU shall not exceed $ Records; Audit: Until the expiration of five years after the furnishing of any PRCP services the PD shall maintain such books, documents and records that are necessary to certify the nature and extent of the reasonable cost of services provided by the PD, and shall make such records available for inspection by the federal, state or County government as required by applicable law. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for five years after final payment hereunder. 7. Hold Harmless; Indemnification. The Court shall indemnify the PD, its officers and employees against liability for injury or damage caused by any act or omission of the Court in the performance of PRep services or of the terms of this Agreement and shall hold the PD harmless from any loss occasioned as a result of said conduct by the Court. The PD shall indemnify the Court, its officers and employees against liability for injury or damage caused by any act or omission of the PD in the performance of PRCP services or of the terms of this Agreement and shall hold the Court harmless from any loss occasioned as a result of said conduct by the PD. 8. No Employment With Court: No relationship of employer and employee is created by this Agreement. PO, its officers and employees are not the agent or employee of the Court in any capacity whatsoever. 9. Term. The term of this MOU shall be from October 1,2010 through September 30,2012

9 The Parties hereby accept this MOU and shall execute responsibilities as set forth. Diane Bel/as, Alameda County Pat Sweeten, Court Executive Officer Public Defender. Superior Court, County of Alameda Signature Signature Date Date APPR " led AS TO FORM RICHA E. WINNIE BY~#:=