HomeMy WebLinkAboutMINUTES - 10131992 - 2.1 (3) TO: , , BOARD OF SUPERVISORS S� Contra
,� . :....o� l
Phil Batchelor, .County Administrator j
FROM:
Costa
4°
October 13, 1992 �o;..,':.... -. �••�*' County
DATE: a cGuN n
COURT PROBATION OFFICER PROGRAM
SUBJECT:
I
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ACCEPT report;from the County Administrator regarding the continuation of
probation services to the Municipal Courts and AUTHORIZE the County
Administrator or his designee to execute an agreement with the Municipal
Courts and the!Probation Department for the provision of probation services
to the Municipal Courts.
2. ADOPT the attached position adjustment resolution adding four Deputy
Probation Officer III positions to the Probation Department for the specific
purpose of serving as officers to, the Municipal Courts.
3. APPROVE funding sources of increased drug diversion, district attorney
diversion and public defender fees to support cost of the added positions.
4. DIRECT the County Administrator to monitor the revenues needed to support
the Court Probation Officer Program and to work with the Municipal Courts
and the Probation Department to modify the program,if necessary.
5. DIRECT the County Administrator, Probation Department and Municipal
Courts to meet and confer as appropriate with affected employee
organizations.
6. AUTHORIZE the Auditor-Controller to approve payments for the four Deputy
Probation Officer positions in the Probation Department.
FINANCIAL IMPACT:
The estimated cost of the positions for nine months is $171,000. No additional
, is required, however, since the cost of the positions will be
General Fund money
offset by increased revenues to be collected by the Mu 'ci al CoZsa the Office
of Revenue Collection.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO IT E
APPROVE OTHER
SIGNATURES
lqqa
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
i
r.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: George Roemer�,Julie Enea 646-4855 /�� � �
CC: County Probation Officer ATTESTED (�_(�.
County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
Municipal Courts SUPERVISORS AND COUNTY ADMINISTRATOR
County Personnel Department
County Auditor-Controller
Office of Revenue Collection BY DEPUTY
M382 (10/88)
-2-
BACKGROUND:
As. part of the Phase I budget reductions, on July 20, 1992, the Board of
Supervisors approved budget reductions in the Probation Department in the amount
of $4,079,035 resulting in the elimination of 71.5 full-time equivalent positions and
the discontinuation of most services to the Municipal Courts. The termination of
probation services to the Courts, effective August 31, 1992, left 4,500 probationers
unsupervised, many of whom pose a safety risk to the community. The Courts have
found the disruption of services to be unmanageable and, in response, submitted a
proposal which would allow for the restoration of some of the services formerly
provided by the Probation Department.
After deliberation with the Courts and the Probation Department, it is recommended
that four Deputy Probation Officer III (DPO III) positions be added to the Probation
Department effective immediately, the costs of which will be offset by increased drug
diversion, district attorney diversion, victim restitution and public defender fee
revenues. These positions will serve the Municipal Courts in the following capacity,
as is incorporated in the proposed agreement among the County Administrator,
Municipal Courts and;Probation Department:
1. Assist in thel orderly transfer of 4,500 probationers from Probation
Department caseload control the Municipal Courts caseload control,
2. Screen, refer and monitor individuals placed on misdemeanor drug and district
attorney diversion, and
3. Perform other, duties such as interview defendants, research and gather
information, assist in probation compliance efforts, and explain requirements
of alcohol/drug treatment programs.
The Municipal Courts,agree that the services provided by the four DPO III positions
will meet the critical, needs of the Municipal Courts for probation services. The
County Administrator will continually monitor the revenues budgeted to pay for this
program and will work with the Probation Department and Municipal Courts to modify
the program if necessary.
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No /*,r y n ,: k> rva � COPERS
Department --Probation'. . Budget Unit NO 0308 Org No --in6.o- Agency No
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�.tri'f '� ,.,•fi -•-••---�. r'-• = w .,.a � .- y ., r -.moi .';" -
Action Requested: :Auti°ze =four':`De "u`t Probation Officer III ositions.
Posi qAs �oLrllfgb dAlto .'reinstate Munici al -Court t fficer ositibns
e1imiVt t6d t rough buddet geductrons
Proposed Effective Date 10/13/92
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Explain why adjustment is needed µThe =Munic1Pal =Courts have rdent.if1ed sufficient
additional revenues "''t"o`iprovide for the cost of these",positionsu
' throgh a
labor provided arrangement with ithe "Probation Department:
e. . -.- .. ,. -, ^? .sr: ` i...4• ''"' y':.F11: -.. ,. -y. } .o '43^^W- '.7v Ly Y a'
Classi.fication .Questionnaire attached Yes No x _:
Cost is within -department's ;budget ri --'-Yes No �'x No"-general ,:fund :money is needed.
Total lone:-Time "Costs (non-salary) associated with :this'-requests _ $ -0=
Estimated Total 'cost .of adjustment '(salary/benefits/one=.time)
9 months ;FY '199.2/93 �,� Total,:Annual,:Cost.�.:$ `227 .760 :Net County Cost,;$ =0- "
his .FY '$ 170 820N C:C. This FY ` $ _0_
Source of Funding "to`"Offset (,;Adjustment 'New 'revenues identified 'by Municipal 'Courts.
Department must initiate -necessary. 'appropriation adjustment
and submit to CAO. '.Use additional sheets for;`further
explanations or :comments. o Department Head
Reviewed by CAO and Released To Personnel -Department._..
Deputy. " t Administrator D to
_------=-----=---------i- — -
Personnel Department Recommendation. , _
Date: 10/7/92
.. - III
Add _(4) Deputy Probation 'Officer III positions at Salary Level C5 LL1855 .
($2903=3528). -.
Positions will be,' used•'to �rei nstate 'Muni ci pal 'Cou rt �Offi cer.pos"iai ons e1 i mi nated
-through =budget reductions :..
Amend Resolution .71/17 establishing "positions -and resolutions ,allocating classes`to ,the
Basic/Exempt Salary Schedule, as. described ,above
Effective: ®day .following Board action. , .,
Date'.' li ct r o e -so
Administrator Recommendation .:Date: �C
County '
Approve Recommendation of ":Director .of Personnel' r �
Disapprove Recommendation of Director of Personnel `:^
Other: =
.:4.
p
n't:]y�dminis rator
y Board of Supervisors.Action IY - Phil Batchelor, Clerk of the Board`.of
,
Adjustment APPROVED/ n �� �l��g ^" Supervisors and County=Administrator
'! dd qq R
Date: �D ��Y�%4� y:
APPROVAL'OF THIS ADJUSTMENT CONSTITUTES ,:A PERSONNEL'/SALARY RESOLUTION AMENDMENT "R
-P300 (M347) .7/89 Rev:. ) �� i ag ,;� Xtl .:� a it q , x -
1a 3 to a s s sy
LE TTM R OF AGREEMENT
C OURT P ROBAT=ON OF F Z C E R P ROGRAM
i
INTENT:
This Letter of ,Agreement is between the Probation Department
of Contra Costa County, hereinafter referred to as Department, and
the Bay, Delta, Mt. Diablo and Walnut Creek-Danville Municipal
Courts of Contra Costa County, hereinafter referred to as Municipal
Courts, to implement the Court Probation Officer (CPO) Program,
hereinafter referred to as CPO Program. This Letter of Agreement
sets forth the responsibilities of the County, the Department, and
the Municipal Courts which are associated with the implementation
of the CPO Program. The CPO Program will meet the following
critical needs of the Municipal Courts : 1) assist in the orderly
transfer of the 4500 probationers from Probation Department
caseload control to Municipal Court caseload control; 2) screen,
refer, and monitor individuals placed on Misdemeanor Drug
Diversion and DA Diversion; and 3) perform the designated duties of
a Court Probation Officer, as outlined in this agreement.
COSTS/FUNDING:
Below are the identified costs of and revenues to be dedicated
to the CPO Program:
DESCRIPTION: FY 92/93: FY 93/94:
(9 Months) (12 Months)
Costs:
4 Deputy Probation Officer IIIs. . . . . . . $ 171,000 $ 228,000
Funding:
Misdemeanor Drug Diversion Fees
(Collected by Municipal Courts' CCU) . . . . $ 19,710 $ 26,280
District Attorney' Diversion Fees
(Collected by Municipal Courts' CCU) . . . . 56,250 75,000
Victim Restitution Fees
(Collected by office of Rev. Coll. ). . . . . 4,500 6,000
Public Defender Fees
(Collected by Office of Rev. Coll. ). . . . . + 90,540 + 120,720
TOTAL CPO PROGRAM FUNDING. . . . . . . . . . $ 171,000 $ 228,000
The Municipal, Courts agree to dedicate court-assessed fees
collected for Misdemeanor Drug Diversion and District Attorney
Diversion in accordance with current policies . The projected
revenues are based on actual collections in Fiscal Year 1991/92 .
The County agrees to dedicate the Victim Restitution Fees in
the amounts listed above, and to dedicate the anticipated increased
(10/7/92)
Court Probation Officer Agreement
October 7, 1992
Page 2
revenues from court'-assessed Public Defender (PD) fees in the
amounts listed above, based on the understanding that the Municipal
Court Judges will assess PD fees on all appropriate cases.
The County agrees to appropriate the revenues identified above
exclusively to fund' the CPO Program. If the CPO Program is
eliminated, for any reason, the revenues shall revert to the
Municipal Courtsisexpenditure budget for use by the Municipal
Courts to establ h' an internal CPO Program.
PROGRAM STRUCTURE:
Below is a summary of the CPO Program structure which outlines
the hiring and reporting authority over these positions .
4 The Departmentwill provide 4 Deputy Probation Officer III
positions to serve as Court Probation Officers (CPOs) , on a
contract for services arrangement.
♦ The Municipal Courts will have the full discretion to select,
train, supervise, evaluate and return to the Department the
individuals to be appointed to these positions.
♦ The CPO assigned to the court in which the Chair of the
Countywide Municipal Court Judges ' Association presides, will
coordinate the ,,scheduling and approval of all requested time
off submitted by all CPOs- This CPO will ensure adequate CPO
coverage to staff the courtrooms and to perform the necessary
out-of-court duties and coordinate assignments based on the
workload of the individual courts.
♦ The work hours would typically be from Sam to 5pm, Monday
through Friday,, with out-of-court time spent performing '
necessary investigations, monitoring probationers and other
assigned duties,. The CPOs will work closely with the
Collections and Compliance Unit to ensure compliance with all
court orders .
♦ The typical duties and responsibilities include, but are not
limited to, th6following: Interview defendants on Order to
Show Cause court probation violation calendars; make
sentencing recommendations, based upon in-court interviews and
any necessary follow-up; monitor participation in residential
drug treatment programs; determine restitution amounts for
crime victims and gathers necessary information for collection
purposes; determine ability to pay court ordered fines and
fees in accordance with judicial policy; assist in compliance
efforts in conjunction with the Court Collections and
Compliance Unit; explains requirements of alcohol/drug
treatment programs; screens defendants referred from the
Municipal Courts to determine eligibility for, referral to and
monitoring participation in a Misdemeanor Drug Diversion and
(10/7/92)
i
{ Court Probation Officer Agreement
October 7, 1992
.,.
Page 3
DA Diversion Programs; monitor own recognizance release
conditions ordered by the Municipal Courts; and assists in the
orderly transition of 4500 probationers from Probation
Department caseload control to Municipal Court caseload
control.
s IMPLEMENTATION:
r
a The County, Department and Municipal Courts agree to implement
the Court Probation Officer Program on or before October 19, 1992 .
EVALUATION:
The Municipal Courts will evaluate the Court Probation Officer
Program on a quarterly basis to determine if the critical tasks
assigned by the Judges .are being accomplished by the CPO Program
and whether or not an alternate structure should be implemented.
The Municipal Courtsireserve the right to modify the CPO Program
structure if the Municipal Court Judges ' needs are not met, as
determined by those Judges.
It is the intent of this agreement, that the revenues
identified above will be adequate to fund the four CPO positions.
If quarterly monitoring reveals that revenues are not sufficient,
all parties agree to! discuss the feasibility of modifying the
program. Notwithstanding any other provision in this agreement,
the Municipal Courtsdo not give up their right to demand
additional probation services from the County, if deemed necessary
by the Municipal Courts.
This Letter of Agreement is entered into by the County,
Department and Municipal Courts on October_, 1992, subject to the
Board of Supervisor's approval of this program on October 13, 1992 .
ON BEHALF OF THE COUNTY:
GEORGE ROEMER, Director Date
Justice Systems Programs
-ON BEHALF OF THE MUNjICIPAL COURTS:
KIRI TORRE, County Date
Municipal Court Administrator
ON BEHALF OF THE PROfBATION DEPARTMENT:
f
GERALD BUCK, County Date
Probation Officer
(10/7/92) =CPO:pp7-9/kiriO3