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Home My WebLink About20110278.tiff RESOLUTION RE: APPROVE GRANT CONTINUATION APPLICATION FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Grant Continuation Application for the Juvenile Diversion Program from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office,to the Colorado Division of Criminal Justice, with terms and conditions being as stated in said application, and WHEREAS, after review, the Board deems it advisable to approve said grant continuation application, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant Continuation Application for the Juvenile Diversion Program from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, to the Colorado Division of Criminal Justice be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of January, A.D., 2011. BOARD OF COUNTY COMMISSIONERS W COUNTY, COL RADO ATTEST: y -IA 1/14-1A7O A arbara Kirkmeyer, hair Weld County Clerk to the ar 'd 1861 kl, , , t 9 IP. �( F �y h,ean P. Conway -Tem � ,BY: Zzet-A Deputy Clerk to the Boar v:`_�`'1 i W. . M F. Gatti AP V ASS L) c4 C A David E. Long U unty Attorney EXCUSED Douglas Rademacher Date of signature: /7 I D 5- 11 CC, 'Ac- , l>A `- 11 2011-0278 DA0023 Weld County io,r 1. C� - ' ' 11 District Attorney's Office I'ltG } Nineteenth Judicial District Kenneth R Buck District Attorney January 18, 2011 The following is the grant application for the Division of Criminal Justice Juvenile Diversion funding opportunity. Please review for approval and signatures at the meeting of the County Commissioners on January 24, 2011. Two signatures are needed from Barbara Connolly as the Financial Official and one signature from Barbara Kirkmeyer as the Authorized Official. Thank you for your time. Post Office Box 1167 • 915 Tenth Street • Greeley, CO 80632 • (970) 356-4010 . FAX (970) 352-8023 2011-0278 COLORADO DIVISION OF CRIMINAL JUSTICE D STATE JUVENILE DIVERSION PROGRAM FUNDS APPLICATION SECTION I - APPLICANT INFORMATION STATE USE ONLY App#: I Grant#: I Award: APPLICANT AGENCY: Weld County District Attorney's Office Address PO Box 1167 City, ZIP Greeley,CO 80632 Project Director Kirsta Britton E-mail kbritton(aico.weld.co.us Telephone (970)356-4010 ext. 4775 FAX (970)392-4572 Federal Employer ID Number 8 4 6 0 0 0 8 1 3 Has applicant agency registered with the CENTRAL CONTRACTOR REGISTRATION(CCR) DUNS NUMBER 0 7 5 7 5 7 9 5 5 database? X Yes(CCR attached) ❑No IMPLEMENTING N/A AGENCY: Contact Email Address City, ZIP Telephone FAX YEAR 1 STATE FUNDS REQUESTED: $ 63,140 TOTAL MATCH:$ 21,046 TOTAL: $84,186 YEAR 2 STATE FUNDS REQUESTED: $64,674 TOTAL MATCH:$ 21,558 TOTAL: $86,231 YEAR 3 STATE FUNDS REQUESTED: $67,880 TOTAL MATCH:$ 22,626 TOTAL: $90,506 TYPE OF AGENCY: (check one) ❑State ❑City/Town X County ID Indian Tribe OPrivate Non-Profit ❑Faith-Based Non-Profit ❑ Other FUNCTION OF O Law Enforcement ❑ Probation X Prosecution AGENCY: O Courts ❑ Social Services ❑ Youth Services ❑ Public Defense ❑ Education ❑ Treatment/Mental Health ❑ Treatment/Substance Abuse ❑ Other Describe: TYPE OF APPLICATION New: Continuation: ❑ Start a new project X Continue a project currently receiving State funds ❑ Expand or enhance an existing project not ❑ Expand/enhance an existing project receiving State funds Previously state-funded FOR CONTINUATION APPLICATIONS, LIST UP TO THREE YEARS OF PRIOR STATE FUNDING IN THE TABLE BELOW. GRANT NUMBER STATE FUNDS DURATION 11-DV-19-5 $57,225 7/1/2010-6/30/2011 10-DV-I9-05 $57,085 7/1/2009-6/30/2010 29-DV-19-05 $63,934 7/1/2008-6/30/2009 PROJECT TITLE: 19th Judicial District,Weld County Juvenile Diversion Program PROJECT DURATION: From 7/1/2011 To 6/30/2012 PROJECT ABSTRACT (Limit to space provided): The Weld County District Attorney's Juvenile Diversion Program will be working to divert first-time, non-violent juvenile offenders from the traditional court system into a restorative justice based program that addresses the juvenile's needs and community safety;thereby repairing the harm caused by the juvenile and encouraging their future endeavors. 2011-12 State Juvenile Diversion Application 12-10 - 1 - PROJECT WILL BE USING EVIDENCE-BASED PROGRAMS OR ACTIVITIES: X Yes ❑No If yes,provide the name and source where program information can be found: Restorative Justice—OJJDP Model Program SERVICE AREA: U. S. Congressional District(s): 01 O2 O3 X 4 O5 O6 O7 0Statewide Judicial District(s)(Identify by District Number): 19th Judicial District Cities and Counties to be served: Weld County, including Greeley, Evans, Windsor, Fort Lupton, etc. IS THE JURISDICTION(S) TO BE SERVED IN COMPLIANCE WITH THE DCJ USE ONLY-Jurisdiction JJDP ACT? X Yes ❑ No ❑ No, but working with DCJ Compliance Monitor. Compliant with JJDP Act? 2011-12 State Juvenile Diversion Application 12-10 -2 - SECTION II - PROJECT SUMMARY 1. PROBLEM IDENTIFICATION (Limit ''/z pages) Describe juvenile crime and related issues in your proposed target area. Weld County is a large and diverse county located in Northern Colorado. The county seat is Greeley. The county has been largely impacted by the recession. Year end numbers put the Weld County unemployment rate at 9.6% compared to a rate of 8.7% for Colorado as a whole. Weld County also has the highest rate of home foreclosures of the 12 major Colorado counties, with a rate of 11.2% in December 2010. According to the Colorado Department of Education, Weld County has a total of 37,821 students attending schools within its geographical boundaries. Of the students in Weld County, 51% are eligible for free and reduced lunch. Arrest rates for 2009 show that 2,090 juvenile arrests were reported in Weld County. Of those, 1,133 juvenile cases were filed in the district level juvenile court. Looking at unduplicated numbers provided by the Colorado Department of Education, 3,515 students, or 9% of all students in Weld County, faced a disciplinary action such as suspension or expulsion from school in the 2009-2010 school year. In 2010, 74.2% of high school seniors in Weld County graduated from high school. The state graduation rate was 74.6%. Despite the impact of the recession, crime in Weld County has dropped. Weld County Sheriff John Cooke stated in the Greeley Tribune on January 14, 2011, that at least part of the decrease can be attributed to anti-crime programs. This sort of programming at the juvenile level includes an impactful juvenile justice collaborative, ensuring appropriate levels of supervision and response at every step in the juvenile justice continuum. The Weld County District Attorney's Office Diversion Program is an important component of this collaboration. Through this grant opportunity, the Diversion Program should continue to lower the number of minimum-risk juveniles prosecuted by the District Attorney's Office, sentenced by the Magistrate, and supervised by the Probation Department. This allows those systems to more completely serve higher-risk juvenile offenders. Comparing Probation cost of supervision to the request for funding for the Weld County Diversion Program, an estimated $259,060 is saved as a result of this program; a significant savings in difficult economic times. 2011-12 State Juvenile Diversion Application 12-I 0 -3 - 2. PROJECT DESCRIPTION (Limit 2 pages) Attach policies and procedures related to the Juvenile Diversion, label Attachment #1. The Weld County District Attorney's Diversion program has been diverting first-time juvenile offenders from the traditional court system since August 2005. The basic premise of the program is to address the criminal behavior in a timely and restorative manner to prevent the juveniles from future criminal/delinquent behavior and further penetrating the criminal justice system. The program is not implementing an exact replica of an existing program; however, the Model Programs Guide (MPG) recommended basic case management and restorative justice principles for this population. We have been using these principles since the implementation of the program. Local law enforcement agencies refer cases to the filing Deputy District Attorney for a filing decision; the case is reviewed for legal sufficiency for prosecution. Based on non-violent or non-drug related charges and the offense being the first for the juvenile, the case is given to the Diversion Director for assignment and scheduling of an intake interview. The majority of cases referred are done so pre-filing. Adjudicated juveniles assessed as low-risk by the Juvenile Probation Unit, who score as such on the Colorado Youth Offender Level of Service Inventory, may be referred to the program as well. In these situations, the Probation Officer will request approval from the District Attorney's Office and then petition the Court requesting a modification of the sentence to unsupervised status. These cases receive very basic monitoring and charges are not dismissed upon completion if an adjudication was entered. Cases are terminated at the expiration of the sentence. Upon intake for pre-adjudicated juveniles, criteria for acceptance includes the juvenile's level of responsibility for their behavior, issues with the juvenile that prevent the diversion program from being the appropriate agency to address them, level of parental involvement, attitude and an absence of active gang affiliation. Juveniles with a crime requiring compliance with the Victim's Rights Amendment are not eligible so that proper attention may be given to victims through the Victims Witness Unit. Cases involving drug or alcohol use are not accepted at the pre-adjudication stage. Juveniles between the ages of 10-17 at the time of offense are eligible for the program. If accepted into the Diversion program, individualized contracts (agreements) are developed. The 90-day agreements include balanced and restorative sanctions to hold the juvenile accountable for their behavior, reconnect them with their community, address their mental health and/or substance abuse issues, and encourage their future aspirations toward positive outcomes. Extensions of the 90-day agreements are granted as needed. All of the agreements include community service, attendance in an educational program, and restitution if requested. In addition, following an initial screening, substance abuse and/or mental health treatment, family counseling/therapy, anger management, and parenting courses may be required. The MAYSI-2 is available to the Diversion Program for use should the juvenile be guarded or additional screening/follow up assessment is indicated; however, many juveniles have been pre-screened using this tool at the Youth and Family Connections Program (formerly the Juvenile Assessment Center) prior to referral to the Diversion program. The juveniles and their parents/guardians are referred to outside community agencies for therapeutic services. In addition, we have developed a Restorative Justice based Shoplifting Conference, currently being facilitated by a community volunteer. This Conference is held on a quarterly basis with the juveniles in the diversion program who have committed a shoplifting offense, their parents/guardians, and a local retail representative(s) to address the harm caused by their behavior. To date, of the nearly 180 juveniles who have completed the Restorative Justice Conference, only 5 juveniles have committed a new offense after completion of the Restorative Justice shoplifting conference. Restorative Justice circles are facilitated when volunteers are available to do so. However, in the absence of 2011-12 State Juvenile Diversion Application 12-10 -4- many volunteers able to provide conferencing, restorative language is used throughout all interactions with juveniles. In regard to juveniles who will not be required to attend a Restorative Justice conference, a discussion regarding the harm caused by their actions will be had while meeting with program staff. Often, an apology and a plan to restore the harm done the parents is completed in the office with Diversion staff. If the juvenile fails to comply with the agreement due to new criminal activity or if they do not complete the requirements, the case is returned to the Deputy District Attorney for the filing of formal charges. As a matter of graduated sanctions, the juvenile is required to proceed through the court process and face the consequences of their initial criminal behavior and the issue of non-compliance with the diversion program. The Director provides case management; maintains records, supervision, and monitoring for compliance with the agreements. In addition, the Director is responsible for the collection and reporting of data. Successful completion of the agreements are determined by the juvenile having provided proof that the conditions have been complied with during the expected time frames with no new law violations resulting in a delinquency filing. Upon verification of successful completion, the case receives "no file" status in the Colorado District Attorneys' Council database Action, noting completion of the Diversion Program as an explanation for why charges are not filed. 2011-12 State Juvenile Diversion Application 12-10 -5 - 3. POPULATION TO BE SERVED (Limit 1/2 page) Number of Juveniles Targeted to be Served White Black Hispanic Asian/Pacific Native Other/ Total Islander American Unknown Males 20 30 15 65+/- Females 15 25 15 55+/- Total 45 45 30 120 Percent of Total to be Served with Limited English Proficiency: 25 % Age Range of Target Population: 10-17 Based on the demographic data from the five years since the implementation of the Diversion Program, the gender and ethnic backgrounds of the participants have remained stable and consistent with the demographics from the Colorado Department of Education (CDE) specific to Weld County. CDE data indicates that 58% of the Greeley-Evans School District 6 is comprised of minority students. Greeley and Evans are the largest referral sources for the Diversion Program, and the ethnic representation seen in the schools is also seen in program make up. Juveniles who commit a criminal offense while between the ages of 10-17 will be eligible. Historically, more males than females have been served, but this difference in gender is slight and is based on the number of cases representing each gender referred to the program versus any programmatic difference. A Spanish language interpreter is available within the office for phone calls at all times and is available for appoints on a pre-scheduled basis. Training regarding cultural sensitivity is provided by Weld County and has been attended. 2011-12 State Juvenile Diversion Application 12-10 -6- 4. APPLICANT AGENCY CAPACITY (Limit '/1 page) Attach Organization Chart, list of Board Members, and Job Description (s), label Attachments #2, #3 and#4, respectively. The mission of the Diversion Program is to divert non-violent, first-time juvenile offenders from the traditional court system. The program has diverted 627 juveniles from the traditional court system since September 2005. The program employs the Director and a part time Spanish Language interpreter. The Director earned a Bachelor's Degree in Human Development and Family Studies with an emphasis in Youth and Families (BS). Her professional career has included employment by the State of Colorado as a probation officer and as a counselor/case manager with a residential treatment facility for juvenile substance abusers. She has been employed with the Diversion Program since January of 2006. The interpreter has an Associate's Degree in Early Education. She has done extensive volunteer work, starting in 2004, with monolingual Spanish speaking individuals. As requested, see the attached organizational chart and job descriptions for the Diversion Program, numbers 2 and 4. 2011-12 State Juvenile Diversion Application 12-10 -7- 5. COMMUNITY COLLABORATION & SUPPORT (Limit '/2 pages) Attach District Attorney Certification or Referring Agency Certification, label Attachment #5 or #6. When the District Attorney desired to recreate a Diversion Program in the 19`h Judicial District, he first contacted the Senate Bill 94 Juvenile Services Planning Committee (JSPC) to determine the need for a diversion program and to learn what population the members of that group would like a diversion program to serve. The JSPC initially offered short term funding for the program to get it started. Since the beginning, the Diversion Program has worked closely with the JSPC. In addition to the JSPC board, the Director is a member of the JSPC Sub-Planning Committee and is currently on the committee working on the Request For Proposal for the fiscal agent to serve Senate Bill 94. The Director of the program is also involved with the Prevention Leadership Council for the Colorado Prevention Partnerships for Success, the planning committee for the Intensive Court Supervision Program, and a voting member of the Community Review Board. The Diversion program is a CMP partner program with the local 1451 Collaborative and reports as such in their annual reports. Additionally, a community volunteer provides regular Restorative Justice programming. He is formally employed with the Building Healthy Marriages program in Weld County and offers meeting space to the program and referrals to classes for juveniles and their parents. The program director is in constant communication with the probation department and juvenile assessment agency to determine appropriate levels of service for the identified population and to share relevant information and ideas to make juvenile services in Weld County more effective and efficient. Through involvement and communication with all of the above named groups, all programs serving juveniles in Weld County can better meet the needs of our population. Collaboration with agencies helps to ensure that duplication of services is not occurring. Through communication with these agencies, it is known that the Diversion Program is successfully meeting the needs of the intended population as it relates to the juvenile justice continuum. 2011-12 State Juvenile Diversion Application 12-10 -8 - 6. PROJECT PLAN (Limit 3 pages total) The main goal of the project is to divert juveniles who have offended for the first time from the traditional juvenile justice system. This is done by assessing all reports submitted to the District Attorney's Office from police agencies for juveniles who have committed a first time offense. The Diversion Director reviews cases and requests an intake appointment with the juvenile and their family. An intake appointment includes completion of a set of written questions regarding the demographics of the juvenile and their basic history. An in-depth face-to-face interview is then conducted and an agreement with appropriate sanctions is set. Sanctions are decided with parent and juvenile input and are specific to each juvenile's individual situation. Interviews are conducted with respect and restorative language. The seriousness of the offense is addressed in addition to the opportunity being given through the Diversion Program for a second chance. Since sanctions are individualized to each juvenile's situation, they are able to accurately address any specific cause that may have led to delinquent behavior. Sanctions must be completed in a short amount of time, ideally as soon after the offense occurred as possible, in order to be most effective in changing behavior. Standard sanctions include community service, participation in educational programming, and/or payment of any restitution that may be required. More individualized sanctions have included specific counseling programs, classes, involvement in specific organizations or activities, help with college applications, or creating a structured plan for completion of daily chores and homework for the family to use. Most sanctions are referred out to partner agencies for completion. Additionally, as stated in Objective 1.2, Restorative Justice is used whenever possible. This most frequently occurs in a quarterly shoplifting conference, facilitated by a volunteer. The Director makes all referrals for the conference to the volunteer. The volunteer provides space for the conference through his employer, a collaborative partner agency. During calendar years 2008, 2009, and 2010, 329 juveniles were diverted from the traditional justice system. The next three year grant cycle will see similar numbers of juveniles diverted from the courts as a result of the Diversion Program. A minimum of 100 clients per year will be served in this program. Costs to run the program include salaries for personnel and general operating costs. Approximately $750 is spent providing assessment, referral and case management for each client. These costs are largely administrative as offender service funds are not available at this time. The Fiscal Year 2008 Colorado Probation Fact Sheet calculates that the cost of juvenile probation supervision is $2,148 per client. Therefore, the Diversion Program can supervise a low-risk client at a significant cost savings; approximately $1,400 per year per client. The program is rich in resources with regard to support and collaboration from area agencies. The Youth and Family Connections program is the local juvenile assessment center, and many of their classes are offered to Diversion participants at low or no cost. The Restorative Justice Conference is facilitated by an unpaid community volunteer. Due to collaborative efforts, many in the community are available to assist the program staff and participants. In addition, the County and the District Attorney's Office provide office resources, computer and phone systems, and clerical assistance to the program. A secondary goal of the program, recently piloted by the Diversion Program and the Probation Department, is the monitoring of low-level adjudicated juveniles. Despite the Diversion Program successfully keeping the juveniles at the lowest risk for re-offense completely out of the courts, low-level offenders were still being sentenced to probation. Frequently these juveniles don't require the intensity of supervision that probation officers are required to provide for juveniles who assess at a low on the probation screening instrument. It was determined through collaborative discussions, that the Diversion Program could monitor these clients. Probation Officers complete an intake assessment with the juvenile and when appropriate, contact the DA's Office so that the Diversion Director may access databases that probation does not have, and determine if the juvenile has risk factors that had not been self-reported to the probation officer, but that have been identified elsewhere (such as through prior police contacts). If it is determined that the juvenile could be adequately 2011-12 State Juvenile Diversion Application 12-10 -9- monitored by the Diversion Program, the probation officer requests the change of supervision through the courts. Juveniles monitored by the Diversion Program are required to contact the Director by phone for program instructions and then check in monthly via phone if no other issues are present. This program has been successful in that the Diversion Director is accustomed to working with the problems and concerns that a low-risk juvenile offender presents. What might seem inconsequential to a probation officer working with a low-level juvenile offender, while concurrently working with a juvenile facing Department of Youth Corrections commitment, is something that the Diversion Director can recognize as being a risk factor for further penetrating the judicial system. These issues can be addressed through graduated sanctions such as office visits, increased check-in calls, requesting an appearance review in front of the magistrate or returning supervision to probation. Swift and specific attention to what might appear to be a minor problem has been successful in assisting these juveniles. As we develop this capacity, it is projected that 50 juveniles could be supervised by the program director in this manner. Services will be specific to case management with this population. Cost of providing direct service for this group is less than $175 per client. Between the two program models, 150 youth will be diverted from the traditional justice system. Based on the Fiscal Year 2008 Colorado Probation Fact Sheet estimated costs, had those 150 juveniles required probation supervision, it would have been at a cost of $322,200 to the taxpayers of Colorado. Because we can divert those low-risk juveniles at a fraction of the cost, by funding this project, the State saves $259,060 a year in Weld County alone. Goal 1: Reduce the number of juvenile delinquency filings/cases by successfully diverting 100 juveniles from the traditional juvenile justice system. Objective 1.1: Assess and interview juveniles referred to Diversion, deliver appropriate sanctions, and provide case management for Diversion clients. Outcome/Measurement: Timeframe: Adequate case management will ensure that youth Approximately 25 juveniles will need to be accepted are completing community service and the Diversion into the program each quarter in order to meet the goal Agreement. of 100 youth diverted. 25-30 intake interviews will Youth who have completed the program will be need to be conducted per quarter. tracked,using databases provided to the District Databases are used to track recidivism approximately Attorney's Office,to determine if further law once per quarter. Information is tracked in an Excel violations have been committed at 6 months and 2 spreadsheet. years after completion of the program. Objective 1.2: Provide Restorative Justice Programming as a Diversion sanction when appropriate. Outcome/Measurement: Timeframe: Juveniles will be referred to volunteers for Sanctions typically require completion within 90 days. Restorative Justice for conferencing as a part of their In order to aid program participants in completing Diversion Agreement sanctions. Conferencing will sanctions in a timely manner, Restorative Justice need to be completed in order for the juvenile to conferences are typically facilitated one time per successfully complete the Diversion Agreement. quarter. Volunteers request conferences are limited to 5-7 juvenile participants;therefore, 20-30 juveniles will participate in Restorative Justice per year. 2011-12 State Juvenile Diversion Application 12-10 - 10 - Goal 2: Decrease probation caseloads by 50 juveniles per year by monitoring compliance with Court Orders of low- level adjudicated offenders. Objective 2.1: Collaborate with the Probation Department to determine appropriate cases to be monitored by Diversion. Outcome/Measurement: Timeframe: Using programs provided to the District Attorney's When contacted by a probation officer, an electronic Office that Probation does not have access to, response will be provided within one business day evaluate referrals from probation, and determine if when possible. un-reported factors prohibit referrals from being a Probation will submit a motion to the court to modify good candidate for low-level monitoring. supervision to Diversion. The Court will provide a Complete basic intake with appropriate candidates timeline in which the juvenile must contact the and provide necessary referrals and document Diversion program for intake. participant in an Excel spreadsheet. Objective 2.2: Provide basic case management and reports to the Court addressing compliance with court-ordered sanctions, motions to revoke the sentence upon non-compliance or motions to terminate the sentence upon completion of sanctions. Outcome/Measurement: Timeframe: Each case will be reviewed regularly through the Juveniles are required to check in monthly via phone. course of case management and appropriate actions Files are reviewed for timeliness of completion of will be taken on a case-by-case basis. sanctions at each check in. An Excel spreadsheet will be utilized to notate what Some cases are set on the court docket for non- action is taken on each juvenile and that information appearance reviews at Court determined intervals. will be compared against outcomes of clients Reports will be filed for review 3 business days in monitored by probation to determine success. advance of the review. 2011-12 State Juvenile Diversion Application 12-10 - I I - SECTION III- PAST PERFORMANCE (For Continuation Applications Only) Juveniles are successfully diverted from the traditional juvenile justice system in Weld County as a result of the Diversion Program. The number of juveniles served has fluctuated as the program has offered different programming. The goal for the past funding cycle was to divert 120 youth from the court system per year. This is a decrease from the goal set during the initial grant application, which was to divert 150 juveniles. In the five and a half years of the program's existence, in only one year were 150 youth accepted into the program, and in that year we had the highest rate of non-successful completions, indicating that the youth that were accepted may not have been best served by the Diversion Program. As the program has developed and found the best role within the local juvenile justice continuum, we have found it is more realistic to strive to divert 100-120 juveniles from the traditional justice system. This reduction in enrollment, is truly an example of how we are a vital piece of the juvenile justice system in Weld County as we are able to collaboratively determine the best level of supervision efficiently in order to best serve the juveniles in our community. Since 2005, 627 juveniles have been successfully diverted from the court system after completing Diversion requirements. Only 4% have recidivated, with 96% remaining law abiding at 6 months, one year and two years after completion of the program. Post-adjudicated juvenile offenders will now be eligible for monitoring by the Diversion Program. Although they still require the attention of the Juvenile Magistrate, the shift in monitoring agencies will aid the Probation Department significantly with decreased work load values, thereby alleviating a burden previously on that judicial program and diverting them from that aspect of the traditional judicial system. 2011-12 State Juvenile Diversion Application 12-10 - 12- SECTION IV- PROJECT EVALUATION EFFORTS AND CAPACITY The Director of the program is currently participating in the evaluation process, including working on the committee with OMNI and DCJ to determine the most effective evaluation tools for diversion programs in Colorado. The Director has collected, secured, and reported required data since the initial DCJ Diversion grant was awarded to this program. Upon receipt of the file, the Director enters the facts of the case in an Excel spreadsheet. At that time, a paper DCJ intake/exit form is initiated for the juvenile. If the case is rejected, the form is noted as such and placed in a folder marked with the specific quarter of the fiscal year in which this action occurred. If the juvenile is contacted for intake into the Diversion program, the form is placed in a pending file and action taken on the case is updated appropriately once the intake occurs. When a client is accepted into the Diversion program, the form is moved to another folder marked with the quarter of the fiscal year and the word "Accept". Data is put into the Efforts to Outcomes (ETO) database and updated appropriately and in a timely manner in order to comply with grant reporting requirements. There have not been any barriers to this process. Currently, a Release of Information (please see Attachment #7) is signed upon intake into the program. Both the juvenile and the parent sign this after an explanation of the document by the Director (or Interpreter when appropriate). This particular Release of Information is a document that was originated by this program and has been altered as needed. Multiple categories are checked permanently on the document and additional items are available with a space for a check mark to be placed to indicate that the family agrees to allow information exchange with the marked entity. Either adding information to the existing document or supplementing it with a required form would work with the existing process. If a juvenile recidivates pre-discharge, the case is returned to the filing Deputy District Attorney for filing of charges. At this time, the Excel spreadsheet is notated with actions and offenses. A color coding system is used throughout the spreadsheets for juveniles who are not active in the program. Juveniles who recidivate pre-discharge are highlighted in orange (successful completion is highlighted in yellow and a juvenile not accepted into the program is highlighted in blue). A graph is maintained in the spreadsheet to indicate the total number of outcomes for each program completion possibility. In those instances when a juvenile reoffends, it is noted as a negative termination. The DCJ Intake/Exit form is updated as is the online data collection system provided by OMNI. 2011-12 State Juvenile Diversion Application 12-10 - 13 - SECTION V- SUSTAINABILITY The Diversion Program has been funded by this grant opportunity since October of 2006. The grant is currently funding 75% of the Director's position and the Interpreter position. The Weld County Commissioners, through the District Attorney's office, funded the Case Manager position from January of 2006 until June of 2008 when the position was vacated. Since that time, the Weld County Commissioners have committed the 25% cash match required. By proving fiscal responsibility of the program, as well as outcome statistics that prove that the program is effective in preventing future juvenile crime, the diversion program aims to exhibit to collaborative agencies and other potential funders, including the Weld County Commissioners, that the program is worth funding. Looking at the costs for Probation to supervise 150 low-level offenders, based on the Probation Department's own numbers released in 2008, it would cost approximately $322,200 per year; whereas, the Weld County Juvenile Diversion Program can supervise those juveniles for a quarter of the cost. This doesn't factor in the cost savings when we don't utilize the Juvenile Magistrate and court clerks in the juvenile division, the Deputy District Attorney's responsible for prosecuting the case, or the time of local law enforcement officials regarding these cases. This information exhibits the significant cost savings as a result of the Diversion Program. 2011-12 State Juvenile Diversion Application 12-10 - 14 - } k as k | no no z ] ; ] \) ) l ]u A a e -C LT4 cu ( ) § ) _ \} } ) } ) 2) a C \§ C G ) 69 = O la \\ k co' cop.Cc,- 0 cc \ o in " ( l Al Al bk4 tit l z ) vn ) §{ co E - / tin \ $ _ _ _ _ W o \ ; ft _ 7 z a © \z § Ufa } k \{ co } ) � § - !� k * k k }( ) ] z mo L R A § / \\ o z \ I II ii U g < a C4 ; CC {/ } _ &3 j; C 2 = 2a - m oi ~ � w ■ 7 - \/ ) « _ \ `/ © ) h + $ + + az \ zos 4. 73 tl ell O \ » C | k _ai a) o ® ® ) � / \ ( \\ Al ® f / 4 E ) .C ® .a \ ¢ Co 2 64 / \ • . \ /( [ / 2 § [ § a a)" C ! C \ § \ ( § \�= 3 2 a e \ § § - k k ) k ird | ) | ] | ] | ] i J / © ) - - § ! � ® ® 2 = / s / s ! = " ri )2 e) « § _ O ( _o .O _ ( _ _ti § \ o / / — c ) \ ) \ ) cit c ) EA } } \ V \ \ 61.\ \ _ _ \ j iti O \ \ ; ; & A 6.9 \ 0 \ ® } \ o a \ § \ cn ce \ ) § [ _ ; b ) \ \ > 4.4 - ) 44 / _ tt et 2 \ « t o L. - al cti / & E { $ 4 = c 4 % \ \ \ } \ \ / | F. ` / 2 E. C..) ) ( 2 \ § j ) } d ° & 0 } O1 k ® / • ) { 4) { \ \ ; H \ \ 14 \ \ O / } \ = 4 \ \ § / 4 2 } 0 U } 2. BUDGET NARRATIVE: (Limit 3 pages) A. PERSONNEL The amount requested will fund the Director's full-time position and the part-time position of the Spanish Language Interpreter. The Weld County Commissioners, through the District Attorney's Office, will fund 25% of all costs of operating the Diversion program, including salaries. The Director's salary is based on a structured and scheduled pay scale maintained by the County. All County employee wages are determined by this scale. The increase in funding for the Director salary includes a scheduled step increase effective August 2011 as a part of this scale. Also included is a projected cost of living allowance pay increase, typically between 3% and 3.5%, to begin in January 2012. The Director will be accessing the County-funded health insurance plan effective in January 2011, which is an additional expense that was not previously factored. The county pays $1009 per month towards health insurance premiums in addition to the employee contribution. Cost of living increases between 3% and 3.5% could potentially occur at the start of each calendar year of the three-year funding cycle and will be factored in to budget requests in continuation applications. In addition, a scheduled step increase for the Director salary should occur in August of 2013. Taxes and retirement benefits are a percentage of an employee's salary, therefore, as salaries increase, benefit costs will also increase. The Spanish Language Interpreter pay is being requested on a limited number of hours, which does not equally compare to the rest of the general business public. To contract with another interpreter would be cost prohibitive. Her hourly rate is $12.30 per hour and she works approximately 11 hours per month with the Diversion Program. The amount included for the Director's position includes the annual base salary of $62,533 with $18,628 in benefits, totaling $81,161. The base salary is determined by calculating 6 months of wages without a 3% cost of living allowance adjustment and 6 months with this increase. Directors of similar area programs such as the Youth and Family Connections program and the Director of the Weld County Interagency Oversight Group, were posted at a starting salary of$75,000 plus benefits. Recent cost of living adjustments place the Youth and Family Connection Directors current salary at closer to $85,000 plus benefits. The program has made staffing adjustments in order to meet the demands of the case load. The case manager position was left vacated when it became open in 2008. Essentially, the same amount of work is being handled with one fewer person. This program provides a unique and definite position in the juvenile justice continuum in Weld County. A portion of the juveniles referred to the program have also been referred previously to the Youth and Family Connections program. The Diversion program is granted access to this agency's online records management system and uses valuable information from that system (for example; MAYSI-2 assessment results, prior referrals) in determining appropriate sanctions for Diversion youth. If the Diversion Program were not in place, juveniles would continue to be assessed at the Youth and Family Connections program and then would be monitored by Probation. Communication and collaboration ensure that duplication does not exist, as no one is in a financial position to offer services that are already being offered in the community. - 17- B. SUPPLIES AND OPERATING Line items to include office supplies are estimated to cost $500. Items to be purchased will include paper supplies such as file folders, dividers, paper, envelopes, business cards, calendars, general office supplies (pens, paperclips, post-its, tablets, etc), registration fees for training, and if needed, school supplies for the juveniles participating in the program. C.TRAVEL Anticipated travel costs include at least two trips to Denver for administrative meetings or trainings with DCJ. In addition, training is sought in certain disciplines, including Restorative Justice, and gender specific programming, as well as training in best practice principles for working with juveniles, if registration fees are reasonable. As most training is held in the metro area and Weld County is in the northern part of the state, mileage reimbursement is required to attend many training opportunities. Trainings are only attended when fiscally prudent. Mileage is estimated at the Weld County reimbursement rate of$.49/mile. It is estimated that mileage and associated training and service costs will be $300.00 D. EQUIPMENT It is not anticipated that the diversion program will require any equipment as defined in the application during this grant period. E. CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES It is not anticipated that the diversion program will be contracting specifically with an individual or business to provide direct services to the juvenile or their families in the program. The exception is the required expense by DCJ for OMNI and the ETO database. - 18 - 3. FINANCIAL MANAGEMENT: Please complete the items below. A. Has a copy of your last independent audit or financial review been previously submitted to DCJ? YES/ NO. If YES, to which program? ATTACHED If audit last provided to DCJ is older than one year, include one copy of the most recent audit or financial review, including any management report or other auditor comments in the appendix. Also, if there were findings, please attach the audit resolutions and/or corrective action plan. B. Does your agency expend over$500,000 from combined federal sources in a year? _X YES/ NO If YES, attach a copy of the A-133 audit, including audit resolutions and/or corrective action plan. C. Please respond to the following questions about whether your accounting system meets the criteria for managing federal grant funds. (These questions cover areas that will be monitored by DCJ staff during site visits or through other reporting mechanisms. They are not intended to be all inclusive and do not substitute for the agency's responsibility to meet all federal and state requirements for these grant funds.) X YES ENO Does your accounting system separate ALL revenues and expenditures by funding source? X YES ENO Does your system track revenues and expenditures for each grant award separately through a sub-ledger system? X YES ENO Does your system allow expenditures to be classified by the broad budget categories listed in the approved budget in your grant, i.e. Personnel, Supplies and Operating, Travel, Equipment and Professional Services? X YES ENO Do you reconcile sub-ledgers to your general ledger at least monthly? X YES ENO Do you mark your invoices with the grant number? X YES ENO Do you maintain time sheets, signed by the employee and supervisor for each employee paid by DCJ grant funds? X YES ❑NO Do you have written financial policies and procedures in place? X YES ENO Do you have accounting internal controls in place, such as separation of duties,two signatures on certain checks, reconciliations or other reviews? For Continuation Applicants only X YES ONO Do you use your accounting system data to prepare your quarterly financial reports for DCJ? X YES ❑NO Do you reconcile your accounting system data with your quarterly financial reports for DCJ? If you answered "No" to any questions above, please provide an explanation on an inserted page referencing Section VI Item #3. - 19- 4. TOTAL PROJECT FUNDING: Will this project BE FUNDED using ADDITIONAL FUNDS other than those provided from this grant? X_YES / NO List the type and amount of other funding that will be provided to this project. Fund Type/Describe Amount Federal State County Government $21,046 Municipal Government Private Other - specify TOTAL $21,046 (25% cash match) If yes, what % of the total project costs will be supported by these state funds including your match?_75_% -20 - SECTION VII - CERTIFICATIONS A Certification of Appropriation of Match form must be completed by each agency providing match. Certification of Appropriation of Match Date: January 13,2011 Colorado Division of Criminal Justice Office of Adult and Juvenile Justice Assistance 700 Kipling Street Denver, Colorado 80215 To Whom It May Concern: Please be advised that Weld County Government has committed support in the form of X Cash Match in the amount of$ 21,046 and/or ❑ In-kind Match valued at$ to match the State of Colorado funds for the FY 2011/2012 COLORADO JUVENILE DIVERSION PROGRAM for 19th Judicial District,Weld County: Juvenile Diversion Program . (Project Title or Agency) Execution of this document represents a certification that said funds have been earmarked within the appropriation of budget process for use as matching funds for this grant application. Sincerely, The individual authorized to commit these funds on behalf of the unit of local / j government or corporation. This individual is either the authorized Signature/D official or appropriate controller of the matching funds. Barbara Connolly, CPS, Weld County Department of Accounting, Controller Typed Name and Title Weld County Government, PO Box 758, Greeley,CO 80632 Agency, Address -21 _ SECTION VIII- CERTIFICATIONS/SIGNATURES These pages contain the required state certified assurances and certifications (updated) necessary for the applicant to qualify for funding. Read these carefully. If you have any questions regarding these assurances, call OAJJA. These pages must accompany the completed application. NEW - All of the signatories must he employees of the applicant agency. IX- REQUIRED ATTACHMENTS Attach the following applicable items behind the Signature page (Page 8 of the Special Provision and Certified Assurances pages) and label with the appropriate title: Attachment #1 - Organizational Chart - Highlight any positions included in the budget personnel category. Attachment#2 - List of Agency's Board Members, if applicant is a non-profit agency. Attachment#3 - Job Descriptions Attachment#4 —Policies and Procedures related to Juvenile Diversion Attachment#5 —Copies of your current consent and/or assent documents.- Attachment#6 - District Attorney Certification Attachment#7—Referring Agency Certification Attachment #8 - Copy of last audit or formal financial review- Supply only one copy of the last audit or formal financial review. However, if there were any management reports or other auditor comments, attach them to each copy of the application. It is not necessary to provide copies with each copy of the application. Attachment #9— Copy of CCR Registration Other Items- Any other item(s) specifically requested in this application or the Announcement of Availability of Funds to which this application is responding. Label appropriately. -22- COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application February 2010 SPCA Page 1 of ti CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY: x Inter-Governmental Grant Grant to a Colorado State Agency (Section A does not apply) x Grant to a Unit of Local Government,Tribal Government,or Special District. Grant to a Non-Profit, Private Organization (Non-Governmental) The applicant certifies by signing that the project described in this application meets all the requirements of the applicable governing legislation as indicated below;that all information contained in the application is correct;that there has been appropriate coordination with affected agencies; and, that the applicant will read, understand and comply with all provisions of the governing legislation and all other applicable federal and state laws, rules and regulations that have been or may hereafter be established. The applicant further understands and agrees that any subgrant award received as a result of this application shall be subject additionally to the grant conditions set forth in the Statement of Grant Award,and in the current applicable Administrative Guide of the Division of Criminal Justice. GOVERNING LEGISLATION FOR THIS GRANT PROGRAM• Juvenile Diversion Program. As defined in Colorado Revised Statutes §I9-2-203, and under statutory authority of the Division of Criminal Justice, Colorado Revised Statutes §24-33.5-503, and under applicable program rules established by the Division of Criminal Justice. A. STANDARD STATE SPECIAL PROVISIONS Revised 1-I-09 I. CONTROLLER'S APPROVAL.CRS 24-30-202(1) This subgrant award shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY.CRS 24-30-202 (5.5) Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this subgrant shall be construed or interpreted as a waiver, express or implied,of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 ,et seq.as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. ('PHIS PROVISION IS NOT APPLICABLE TO GRAN7S TO COLORADO STATE AGENCIES): THE SUBGRANTEE AGENCY SHALL PERFORM THE DUTIES FUNDED UNDER THIS GRANT AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER THE SUBGRANTEE AGENCY NOR ANY AGENT, SUB-CONTRACTOR, OR EMPLOYEE OF THE SUBGRANTEE AGENCY SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT. SUBGRANTEE AGENCY SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS GRANT. SUBGRANTEE AGENCY ACKNOWLEDGES THAT THE SUBGRANTEE AGENCY AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE AGENCY OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUBGRANTEE AGENCY SHALL NOT HAVE AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. IF THIS GRANT PROVIDES FUNDS FOR ANY PERSONAL SERVICES, SUBGRANTEE AGENCY SHALL PROVIDE AND KEEP IN FORCE WORKERS COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND SHALL BE SOLELY RESPONSIBLE FOR ITS ACTS OF ITS EMPLOYEES, INDEPENDENT SUB-CONTRACTORS AND AGENTS. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application February 2010 SPCA Page 2 of 8 5. COMPLIANCE WITH LAW. The Subgrantee Agency shall strictly comply with all applicable federal and State laws, rules,and regulations in effect or hereafter established, including,without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation, execution,and enforcement of this subgrant. Any provision included or incorporated herein by reference, which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this subgrant,to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this subgrant award or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION.(Governor's Executive Order D 002 00) State or other public funds payable under this subgrant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Subgrantee Agency hereby certifies and warrants that, during the term of this subgrant and any extensions, the Subgrantee Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Subgrantee Agency is in violation of this provision, the State may exercise any remedy available at law or equity or under this Subgrant, including, without limitation, immediate termination of the Subgrant and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST CRS§§24-18-201 &CRS 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this subgrant award. The Subgrantee Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Subgrantee Agency's services and Subgrantee Agency shall not employ any person having such known interests. 10. VENDOR OFFSET.CRS§§24-30-202(1)&CRS 24-30-202.4 'Not applicable to intergovernmental grants] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a)unpaid child support debts or child support arrearages; (b)unpaid balance of tax,accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. FEDERAL FUNDING. This subgrant is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. 12. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]The Subgrantee Agency certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this subgrant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this subgrant, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5- 102(5)(c), the Subgrantee Agency shall not knowingly employ or contract with an illegal alien to perform work under this subgrant or enter into a contract with a subcontractor that fails to certify to the Subgrantee Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this subgrant. The Subgrantee Agency(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this subgrant is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if the Subgrantee Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this subgrant, (c) shall terminate the subgrant if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If the Subgrantee Agency COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application February 2010 SPCA Page 3 of 8 participates in the Department program, the Subgrantee Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that the Subgrantee Agency has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If the Subgrantee Agency fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, Institution of Higher Education or political subdivision may terminate this subgrant for breach and, if so terminated, the Subgrantee Agency shall be liable for damages. 13. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Subgrantee Agency, if a natural person eighteen (18)years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law,(b)shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this subgrant. B. GRANT REQUIREMENTS I. FINANCIAL& ADMINISTRATIVE MANAGEMENT a. The Subgrantee Agency assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. b. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. c. The Subgrantee Agency assures that it will comply with the provisions of the current applicable Administrative Guide of the Division of Criminal Justice which is hereby incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantee Agency is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. 2. PAYMENT& REPORTING a. The Division of Criminal Justice will pay the Subgrantee Agency the reasonable and allowable costs of performance, in accordance with current Colorado State Fiscal Rules, not to exceed the amount specified herein as the Total Award Amount,as identified on the Statement of Grant Award. b. The Division's requirements for invoice and cost reporting submissions are contained in the DCJ Form 3 - Cash Request Procedures,and DCJ Form I-A-Subgrant Financial Report,which are hereby incorporated by reference. c. The Subgrantee Agency assures that it shall maintain data and information to provide accurate quarterly program narrative and financial reports to the Division. Said reports shall be provided in such form and contain such data and information as the Division of Criminal Justice reasonably requires to administer the program. d. The Subgrantee Agency assures that quarterly financial and narrative reports shall be submitted within 15 days of the end of each calendar quarter and shall be current and actual. e. The Subgrantee Agency further assures that final financial and narrative reports shall be submitted on the forms provided by the Division of Criminal Justice within 45 days of the end date of the subgrant. f. The Division reserves the right to make and authorize modifications, adjustments, and/or revisions to the Grant Award for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications which do not change the total amount of the Grant Award. The Division's requirements for such grant adjustments are contained in the procedures for DCJ Forms 4A,4B, 4C, and 4D, which are hereby incorporated by reference. g. The Division may withhold payment in the event the Subgrantee Agency fails to comply with conditions, including all financial reporting requirements and certifications contained in this grant award. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee Agency assures that open, competitive procurement procedures will be followed for all purchases under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item,with a useful life of at least one year)must receive prior approval by the Division of Criminal Justice. b. The Subgrantee Agency assures that no contract or agreement will be made for execution of project activities or provisions of services (other than purchase of supplies or standard commercial or maintenance services) that is not incorporated in the approved application or approved in advance by the Division of Criminal Justice. c. The Subgrantee Agency assures that contractors/vendors who assist the Subgrantee Agency to develop specifications, requirements, statements of work and/or Request For Proposal for a proposed procurement shall be excluded from COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application February 2010 SPCA Page 4 of 8 bidding or submitting a proposal to compete for the award of such procurement. d. The Subgrantee Agency assures that where activities supported by this subgrant produce any discovery or invention, original computer programs,writing,sound recordings,pictorial reproductions,drawing or other graphical representation and works of any similar nature,the following requirements apply: i. The Division of Criminal Justice reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: The copyright in any work developed under an award or subaward; and 2) Any rights of copyright to which a recipient or subrecipient purchases ownership with support. ii. If any program produces patentable items, patent rights, processes or inventions, in the course of work sponsored by the Federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency,Division of Criminal Justice. The awarding agency shall determine whether protection on the invention or discovery shall be sought. The awarding agency will also determine how rights in the invention or discovery (including rights under any patents issued thereon) shall be allocated and administered in order to protect the public interest pursuant to published Presidential and government memorandums and guidelines,and the regulations promulgated by the Department of Commerce in 37 CFR Part 401. iii. When issuing statements, press releases, requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, all Subgrantee Agencies must clearly: a) State the percentage of the total cost of the program or project, which will be financed with this grant money; b) State the dollar amount of state or federal funds for the project or program; c) Use the phrase-"This project was supported by grant # , issued by the Colorado Division of Criminal Justice." e. The Subgrantee Agency may not assign its rights or duties under this grant without the prior written consent of the Division of Criminal Justice. 4. AUDIT, RECORD-KEEPING,AND MONITORING/INSPECTION a. The Subgrantee Agency assures that it will procure an audit or financial review, incorporating this subgrant, by an independent Certified Public Accountant (CPA), licensed to practice in Colorado. If the agency expends more than $500,000 per year in combined federal funds, a Single Audit must be conducted in accordance with OMB Circular A- 133 (Audits of States, Local Governments, and non-profit organizations). If the agency expends less than $500,000 per year in combined federal funds, the following policy applies: Agencies with total annual revenue from all sources of $200,000 or more shall procure a financial audit; a financial review shall not be sufficient to meet this requirement. Agencies with total annual revenue of less than$200,000 procure either a financial review or financial audit. i. At such time as the audit or financial review is completed, ONE COPY OF THE REPORT, INCLUDING THE CORRESPONDING MANAGEMENT LETTER, MUST BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE for clearance. The audit or financial review incorporating this subgrant must be completed and received within 12 months of the end of the fiscal years that includes the end date of the grant. ii. The Subgrantee Agency accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: a) does not meet the applicable A-133 or DCJ standards; b) is not submitted in a timely manner;or, c) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. b. The Subgrantee Agency assures that: i. It will retain all project records, as will facilitate an effective audit, for seven years after the end of the state fiscal year that includes the end date of the grant. (For example if the grant ended 9/30/2001, the state FY would be July 1,2001-June 30,2002. The files could be destroyed after 6/30/2009); except, ii. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the seven-year period until such issues are resolved. c. The Subgrantee Agency assures that it will keep copies of all documents, correspondence, and required receipts related to this subgrant in a separate file bearing the project title and grant number. d. The Division may periodically request submission of supporting financial and programmatic documentation, subcontracts,general and sub-ledgers for the purpose of monitoring compliance with the grant award via desk review, or in preparation for an on-site monitoring visit. Routine or special on-site visits may be conducted at the subgrant agency, and at the location of any collaborating entities, for the same purpose. Subgrantee Agencies will be notified in advance of any on-site monitoring visit. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application February 2010 SPCA Page 5 of 8 e. The Subgrantee Agency assures that the Division of Criminal Justice, Colorado Department of Public Safety, shall have access for purposes of monitoring, audit and examinations to any bonds, documents, papers and records of the Subgrantee Agency and to relevant books and records of subcontractors of the Subgrantee Agency. It is the responsibility of the Subgrantee Agency to notify any of its project collaborators and subcontractors of these provisions. f The Subgrantee Agency assures that signatories of the application and subgrant award and personnel employed through this subgrant will appear when requested at any administrative hearing, monitoring site visit, conference or meeting conducted by the Division of Criminal Justice. 5. COLORADO VICTIM RIGHTS ACT The Subgrantee Agency assures that the application signatories, all staff and all volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to§24-4.1-302.5 C.R.S.,and the services delineated pursuant to §§ 24-4.1-303 and 24-4.1-304 C.R.S.,commonly known as the Victim Rights Act,and enabling legislation. 6. TERMINATION or REDUCTION IN GRANT AWARD The Division will monitor the performance of the Subgrantee Agency against goals and performance standards as found in the application required herein. The Division will provide reasonable assistance to the Subgrantee Agency in the development of project goals,performance standards and subgrant requirements. Any determination of substandard performance on the part of the Subgrantee Agency shall be within the discretion of the Division, based upon the Division's review of the terms and conditions of the Grant Award,the application and project summary,the grant terms and assurances,and the requirements of applicable law. Substandard performance,as determined by the Division,shall constitute non-compliance,which may result in termination for cause,or reduction of the Grant Award for cause,as follows: a. Reduction In Grant Award Amount for Cause i. The Division may reduce the total Statement of Grant Award amount for cause, without compensation for reduction costs. ii. If the state reduces the grant amount for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for reduction, steps taken to correct the problems, and the date the subgrant award amount will be reduced in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of reduction. iv. In the event this grant is reduced for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. b. Termination for Convenience: i. Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. ii. If the grant is terminated for convenience by either the Subgrantee Agency or the state,the Subgrantee Agency shall be paid the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount based on the number of days of project operation prior to the date of termination. c. Termination for Cause: i. The Division may terminate the grant for cause without compensation for termination costs. ii. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be terminated in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is terminated for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of termination. iv. In the event this grant is terminated for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. d. Any equipment purchased under this grant would revert,at the option of the Division,to the Division of Criminal Justice upon termination of the grant for any of the above reasons. 7. ORDER OF PRECEDENCE Any inconsistency or conflict in this grant shall be resolved by giving precedence in the following order: (a) Special Provisions and Certified Assurances,(b)Statement of Grant Award;and,(c)the final approved Subgrant Application. 8. DISPUTE RESOLUTION(THIS PROVISION APPLIES ONLY TO INTERAGENCY AGREEMENTS): Any failure of either party to perform in accordance with the terms of this agreement shall constitute a breach of the agreement. Any dispute concerning the performance of this agreement which cannot be resolved at the divisional level shall be referred to superior departmental management staff designated by each department. Failing resolution at that level, disputes shall be COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application February 2010 SPCA Page 6 of S presented to the executive directors of each department for resolution. Failing resolution by the executive directors, the dispute shall be submitted in writing by both parties to the State Controller,whose decision on the dispute will be final. C. PROGRAM SPECIFIC REQUIREMENTS The following program specific requirements are imposed by the Federal or State sponsoring agency concerning special requirements of law, program requirements,and other administrative requirements which must be passed on to subgrant award recipients. 1. Right if Privacy for Recipients of Service and Sharing of information. The prospective Subgrantee Agency certifies,by submission of this proposal,that: a. Pursuant to Section 223(a)(18)of the Juvenile Justice and Delinquency Prevention Act,procedures have been established to ensure that this program will not disclose program records containing the identity of individual juveniles. Exceptions to this requirement are authorization by law; consent of either the juvenile or his/her legal authorized representative;or justification that otherwise the functions of this title cannot be performed. Under no circumstances may public project reports or findings contain names of actual juvenile service recipients. b. Necessary information will be shared appropriately among schools, law enforcement,courts and juvenile-serving agencies pursuant to the Family Educational Rights and Privacy Act(FERPA)(20 U.S.C. §I 232g),as amended by Improving America's School Act of 1994(IASA). FERPA allows schools to play a vital role in a community's effort to identify children who are at risk of delinquency and provide services prior to a child's becoming involved in the juvenile justice system. c. Necessary information will be shared in accordance with the"Children's Code Records and Information Act," 19-1- 301 et seq.,Colorado Revised Statutes,to balance the best interests of children and the privacy interests of children and their families with the need to share information among service agencies and the need to protect the public safety. 2. In addition to the"Termination for Cause"item,6(c)under Grant Requirements above,the subgrant may be suspended or terminated by the Division of Criminal Justice if the Subgrantee Agency fails to comply with the core requirements of the Juvenile Justice and Delinquency Prevention Act, 1974, as amended: Deinstitutionalization of Status Offenders, Section 223(a)(12)(A); Separation of Juveniles from Incarcerated Adults, Section 223(a)(13);Removal of Juveniles from Adult Jails and Lockups, Section 223(a)(14);Disproportionate Minority Confinement, Section(a)(23). 3. If the applicant is a state government agency,the submission of this application certifies the applicant agency has obtained through the state budget process the spending authority and FTE approval, if FTE is requested,required to accept these state grant dollars. In addition,state agencies applying for these grant funds must enclose in the appendix a letter or memorandum from the appropriate fiscal officer verifying the applicant's ability to accept these state funds. If unable to comply with this condition,please contact DCJ prior to the submission of the application. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application February 2010 SPCA Page 7 of 8 D. GENERAL PROVISIONS I. INDEMNIFICATION. a. To the extent authorized by law,the Subgrantee Agency shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,and attorney fees and related costs,incurred as a result of any act or omission by the Subgrantee Agency,or its employees,agents,subcontractors,or assignees pursuant to the terms of this subgrant award. FOR GRANTS TO STATE AGENCIES AND HIGHER EDUCATION ONLY: b. A self-insured,Subgrantee state Agency agrees that its Self-Insurance Program shall BE RESPONSIBLE FOR any and all claims,damages, liability and court awards, including costs,expenses,and attorney fees and related costs, incurred as a result of any act or omission by the Subgrantee Agency,or its employees,agents,subcontractors,or assignees pursuant to the terms of this subgrant award. 2. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Subgrantee hereunder is$100,000 or higher] By entering into this subgrant, Subgrantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Subgrantee performance shall be evaluated in accordance with the terms and conditions of this subgrant, State law, including CRS §24-103.5-101,and State Fiscal Rules,Policies and Guidance.Evaluation of Subgrantee's performance shall be part of the normal contract administration process and Subgrantee's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Subgrantee's obligations under this subgrant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Project Plan of this subgrant. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Project Plan and a final review and rating shall be rendered within 30 days of the end of the Subgrant term. Subgrantee shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that the Subgrantee demonstrated a gross failure to meet the performance measures established under the Project Plan,the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Division of Criminal Justice, and showing of good cause, may debar Subgrantee and prohibit Subgrantee from bidding on future contracts. Subgrantee may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6),exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Subgrantee, by the Executive Director, upon showing of good cause. 3. The Subgrantee Agency shall comply with all applicable revisions or additional requirements that may be imposed by law and any future state and federal guidance including clarifications of requirements. Any revisions to such provisions or regulations shall automatically become a part of these Special Provisions and Certified Assurances, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to the Subgrantee Agency of such revisions,but such notice shall not be a condition precedent to the effectiveness of such revisions. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application February 2010 SPCA Page S of 8 SIGNATURE PAGE->->->TO RE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURES REQUIRED-Please sign in BLUE ink. See instructions for description of proper signatories.) The Subgrantee Agency and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances,and are fully cognizant of their duties and responsibilities for this project. The Subgrantee Agency understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director,who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease,and in no way limits the authority and responsibility of the Authorized Official. En accordance with the Colorado Revised Statutes 24-72-202.6, information supplied in this application is considered a public record. AUTHORIZED OFFICIAL Name Barbara Kirkmeyer Position Chair Agency Weld County Board of Commissioners Mailing Address PO Box 758 City,State,Zip Greeley, CO 80632 Telephone# (970)-356-4000 Fax# (970)-352-0242 E-mail Address bkirkmeyer@co.weld.co.us Signature Date "h i f1 4 2011 FINANCIA OFFICER Name Barbara Connolly Position Controller Agency Weld County Government-Accounting Department Mailing Address PO Box 758 City,State,Zip Greeley, CO 80632 Telephone# (970)356-4000 X4445 Fax# (970)352-9019 E-mail Address bconnolly@co.weld.co.us Signature Date 4222a.4.02 PM 9 4 2011 PROJEC RECTOR Name Kirsta Britton Position Director, Juvenile Diversion Agency Weld County District Attorneys Office Mailing Address PO Box 1167 City,State,Zip Greeley, CO 80632 Telephone# (970)356-4010 X4775 Fax# (970)352-8023 E-mail Address kbritton@co.weld.co.us Signature '� Date /`//// 2O//- Z7, 7 J, Hello