HomeMy WebLinkAbout20082667.tiff RESOLUTION
RE: APPROVE AMENDED STATEMENT OF GRANT AWARD FOR THE 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 an Amended Statement of Grant Award
for the Juvenile Diversion Program between 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, and the Colorado Division of Criminal Justice, commencing July 1, 2008, and
ending June 30, 2009, with further terms and conditions being as stated in said amended grant
award, and
WHEREAS, after review, the Board deems it advisable to approve said amended grant
award, 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 Amended Statement of Grant Award for the Juvenile Diversion Program
between 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, and the
Colorado Division of Criminal Justice be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amended grant award.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 6th day of October, A.D., 2008, nunc pro tunc July 1, 2008.
BOARD OF COUNTY COMMISSIONERS
/I! I . /_ /� ELD COUNTY, COLORADO
ATTEST: �etT .rp �ll,, ,y ,. � �-' 4L�G�•/
O`t ti iam H. Jerke, Chair
Weld ounty Clerk to the B •
ICUSED
j obert M s ro-Tem
BY:
Dept Cler the Board
Willi. Garcia r`�
APP AS • (-4,1 6`-'�
David E. Long
my A rney
i ply Douglas Rademach
Date of signature:
2008-2667
DA0021
C / C ( 0-1) 5) l0 /s o�
C: o S Division of Criminal Justice
Jeanne M.Smith,Director
700 Kipling Street
Suite 3000
COLORADO Denver,CO 80215-5865
(303)239-4442
DEPARTMENT FAX(303)239-4491
OF PUBLIC SAFETY
September 29, 2008
Ms. Kirsta Britton
Weld County
District Attorney's Office
PO Box 1167
Greeley, CO 80632
Re: Grant#29-DV-19-05
19th Judicial District, Weld County: Juvenile Diversion Program
Ms. Britton:
As requested your award of$116,743 has been reduced by$52,809. To formally
reduce your grant an amended Statement of Grant Award (SOGA) needs to be
completed. Attached is the Amended SOGA for$63,934 state award and $21,311 in
cash match for a total of$85,245.
The SOGA needs to be signed by your Authorized Official, William H. Jerke, and
returned to DCJ. After we have obtained all of the required signatures, the white
Bill Ritter,Jr. copy of the SOGA and a copy of the application will be returned to you.
GOVERNOR
Peter A.Weir
EXECUTIVE DIRECTOR Please revise your budget pages and narrative for the new award amount of$63,934
Colorado State and return with your SOGA. Finally, if the reduction in your award will change the
Patrol number of youth you will able to serve or the services you will be able to provide, you
Colorado Bureau
of Investigation will need to revise your goals and objectives.
Division of
Criminal Justice
Office of Preparedness, If you have any questions contact me at Michele.loveioy(a�cdps.state.co.us or (303)
Security,and Fire Safety 239-5712.
Sincerely, •
Michele o LovejY
DCJ Grants Planning Specialist
S.
Home Page: http://dcj.state.co.us 2008-2667
E-Mail: Jeanne.smith@cdps.state.co.us
�� c .a COLORADO DIVISION OF CRIMINAL JUSTICE
° STATEMENT OF GRANT AWARD (SOGA)
\' 7gys ,
JUVENILE DIVERSION PROGRAM
2008 - 2009 State Funds `d 4u.'a.,dYI6.rldLtM2SI6.14�4dSS.YI,M.E4GS m.-:_,., , :o' '.v di,..H:ifRida2ffililaeT', 3P ms nia.,4�e�sasia+r�i,e...-v._n�:riF. �•••"'•••'".••_•i:,etciiE•••• •de6a.�t
AMENDED
Subgrantee Agency Name: Weld County
Project Director: Ms. Kirsta Britton
Project Director Address: District Attorney's Office
PO Box 1167
Greeley, CO 80632
Grant Number 29-DV-19-05
Project Title: 19th Judicial District, Weld Co: Juvenile Diversion
Grant Period: July 1, 2008 to June 30, 2009
Date Issued: September 29, 2008
In accordance with provisions of the Colorado Revised Statutes §24-33.5-502, the Division of Criminal Justice hereby
awards a grant to the above-named subgrantee. The attached grant application (Exhibit A), including Special Provisions
and Certified Assurances, is incorporated herein as a part of this document.
APPROVED BUDGET
Award
Budget Category Cash Match In-Kind Match
State Juvenile Total
Diversion
Personnel 60,934.00 21,311.00 0.00 $ 82,245.00
Supplies&Operating 2,000.00 0.00 0.00 $ 2,000.00
Travel 500.00 0.00 0.00 $ 500.00
*Equipment 0.00 0.00 0.00 $ 0.00
Contracted/Professional Services 500.00 0.00 0.00 $ 500.00
TOTAL AWARD AMOUNT $ 63,934.00 $ 21,311.00 $ 0.00 $ 85,245.00
* Purchase of equipment requires prior completion and approval of DCJ Form 13.
*Professional services require prior completion and approval of DCJ Form 16.
SPECIAL CONDITIONS:
1.
Version 01/07
Page 1 of 3
Statement of Grant Award (SOGA)
INSTRUCTIONS
1. Grant activities must be based on the approved budget shown on page one of this Statement of Grant Award, and
the approved detailed budget(s)within the attached application, which supersedes any earlier budget request
submitted, and which may be different from the budget originally submitted in your application. The subgrantee
must secure prior written approval from DCJ if there is to be a change in any budget category (see DCJ Form 4-
A).
2. The Financial Officer of the project must be provided a copy of this document in order to adequately prepare the
necessary financial reports.
3. The Subgrantee Agency affirms that the parties' agreement consists of a two-part document, the Statement of
Grant Award (SOGA), and Exhibit A, attached to the SOGA, which contains the Grant Application (including
Project Summary, Budget and other Documents), the Certifications, the State Special Provisions, the Grant
Requirements, and signatures of persons authorized to sign on behalf of the Subgrantee Agency on each part of
the two-part document
4. Review carefully the current applicable Administrative Guide of the Division of Criminal Justice for this grant
program, that includes procedures regarding this document, draw-down of grant funds, reporting requirements
and requesting grant modifications.
5. This grant award shall be effective upon the final approval by the State Controller or designee. No payment shall
be made pursuant to the grant prior to State Controller approval.
6. This grant award may be voided in whole without further cause if it is not signed by the subgrantee's Authorized
Official and returned to the Division of Criminal Justice within 45 days of the date of issuance.
7. The signature of the Authorized Official below should be the same as the one on the grant application. The
subgrantee must promptly notify the Division of Criminal Justice of any changes in the Authorized Official, Project
Director, or Financial Officer, by completing and submitting DCJ Form 4-B. (If changes have already occurred,
submit completed DCJ Form 4-B with this document).
ADDITIONAL DCJ REQUIREMENTS
(1) Commencement within 60 Days. If the Division concludes that the project has not commenced within 60 days
of the start date of the grant period, the subgrantee must report the following by letter to the Division of Criminal
Justice:
a. the steps taken to initiate the project;
b. the reasons for delay; and,
c. the expected starting date.
(2) Operational Within 80 Days. If the Division concludes that the project is not operational within 80 days of the
original start date of the grant period, the Division of Criminal Justice may begin termination or reduction in grant
award proceedings as described in "Special Provisions& Certified Assurances", Section entitled "Termination or
Reduction in Grant Award."
(3) All subgrants are conditioned on the ability to report to the Division of Criminal Justice all the information
contained on the DCJ quarterly narrative and financial reporting forms, which are provided with this SOGA.
Technical assistance is available upon request.
(4) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this SOGA.
Unexpended funds remaining at the end of the grant period must be returned to the Division of Criminal Justice.
RETURN:
ALL SETS of the Statement of Grant Award with ORIGINAL SIGNATURES to: Division of Criminal Justice, Office of
Adult and Juvenile Justice Assistance, 700 Kipling Street, Suite 1000, Denver, CO 80215. After other required
signatures are obtained, the white SOGA copy with approved application will be returned to your Project Director.
Version 01/07
Page 2 of 3
Statement of Grant Award (SOGA)
THE PARTIES HERETO HAVE EXECUTED THIS BINDING SUBGRANT AWARD
SUBGRANTEE: STATE OF COLORADO:
Weld County, Colorado BILL RITTER, JR., GOVERNOR
Legal Name of Sub grantee Agency
•
BY et.v(4 BY aaee g
SIGNATURE of Authorized Official IRECTOR Col r do ision of Criminal Justice
William H. Jerke, Chair JEANNE M. SMITH
Print Name & Title of Authorized Official Print Name & Title of DIRECTOR
Date Signed: October 6, 2008 Date Signed: /4— c7
Provide signature of Corporate/Board Secretary or
equivalent,or Town/City/County Clerk,to certify that
ATTEST BY: ega,autho ry s/ntetrob°a megiali a olvee.h'tra<ison STATE OF COLORADO LEGAL REVIEW:
behalf oftl•' •...d' , fact he person who See Contract Routing Waiver# 169
signed P c8 . 1'
IJrA!
::‘,114.,,z4.,.
J�
+, (or, if not waived)
Lirt1iflur.�% �,.:; ,.J, 'TO 06/2008 John Suthers , ATTORNEY GENERAL
Signature Clerk t. th bc({'jd ) rate
din �_ _�I ► r_ 97P-356-4000 BY:
Title Depu Clerk to ti-4 1}oafd Phone
PLACE AGENCY SEAL HERE Date Signed:
Or
Indicate No Seal Available
ALL CONTRACTS & SUBGRANT AWARDS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This subgrant award is not
valid until the State Controller, or such assistant as he may delegate, has signed it. If performance begins
prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
David J. McDermott, CPA
BY s LN.i
DATE Cr 1 Cr k
Version 01/07 a; „p_at;to
Page 3 of 3
ori�inu�
COLOL,aDO DIVISION OF CRIMINA1 JUSTICE
117) 1STATE JUVENILE DIVERSION VV APPLICATIO �p
SECTION I - APPLICANT IN A O
�//)) (� STATE USE ONLY
App # /^"J-N-1 /-66 Grant#:
APPLICANT AGENCY: Weld County District Attorney's Office
Address Post Office Box 1167 City, ZIP Greeley,CO 80632
Project Director Kimberly Kinne E-mail kkinne(Mco.weld.co.us
Telephone (970)356-4010 x4775 FAX (970)392-4572
Federal Employer ID Number 8 4 6 0 0 0 8 I 3
YEAR 1 STATE FUNDS REQUESTED: $116,743 TOTAL MATCH:$43,154 TOTAL: $159,897
YEAR 2 STATE FUNDS REQUESTED: $116,743 TOTAL MATCH:$43,154 TOTAL: $159,897
YEAR 3 STATE FUNDS REQUESTED: $116,743 TOTAL MATCH:$43,154 TOTAL: $159,897
TYPE OF AGENCY: (check one) ['State ❑City/Town ®County ['Indian Tribe
❑Private Non-Profit ❑Faith-Based Non-Profit ❑ Other
FUNCTION OF ❑ Law Enforcement ❑ Probation ® Prosecution
AGENCY: ❑ 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 ® 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
28-DV-19-05 $93,619 7/1/2007-6/30/2008
27-DV-19-05 $74,760 10/1/2006-6/302007
PROJECT TITLE: 191h Judicial District, Weld County: Juvenile Diversion Program
PROJECT DURATION: From 7/1/2008 To 6/30/2009
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 to address the juvenile's needs and
community safety; repairing the harm caused and encouraging their future endeavors.
PROJECT WILL BE USING EVIDENCE-BASED PROGRAMS OR ACTIVITIES: ®Yes ❑No
SERVICE AREA: U. S. Congressional District(s): ❑I O2 O3 ®4 ❑5 O6 ❑7 ['Statewide
Judicial District(s)(Identify by District Number): I9'"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? ' Yes ❑No ❑ No, but working with DCJ Compliance Monitor. Compliant w'
2008-0402
2008-09 State Juvenile Diversion Application 11-07
SECTION II - PROJECT SUMMARY
I. PROBLEM IDENTIFICATION (Limit 1 page)
The 19th Judicial District has had an increase in juvenile delinquency filings over the last year as
compared to the number filed in 2006. In comparing data provided by the State Court Administrators
Office and the Office of Probation Services, this ranks the 19th Judicial District fifth in the State of
Colorado behind the 18th (Arapahoe/Douglas/Elbert/Lincoln Counties). 4th(El Paso/Elbert Counties), 2"d
(Denver Juvenile), and Is` (Jefferson/Gilpin Counties) Judicial Districts for the number of delinquency
filings for FY 2007. (18th: 2167, 4": 1903, 2n': 1804, 1s`: 1419, and 19th: 1090) The Probation
Departments had a similar breakdown of new probation clients for FY2007. (18th: 994, 2": 753, 1": 664,
17th-Adams/Broomfield: 573, and 19th: 556)
According to the Colorado Department of Education, Weld County has a total of 35, 648 students
attending schools within its geographical boundaries. One of the risk factors for delinquency is truancy;
according to data from the State Court Administrators Office, the 19th Judicial District was ranked 3`d
(372) in the State for truancy filings within the court system behind the 1st (495) and 2nd (476) Judicial
Districts. Interestingly the overall student population for these districts total 86,549 (1")and 73,053 (2n°)
students which is double the student population within this district. Other student populations for
comparison purposes: 4th (108,660), 18th (163,715), and 17th (75,780).
In addition to truancy, another risk factor for delinquency is related to household income. Per the
Colorado Department of Education, 42.41% of the students in Weld County qualify for the free or
reduced lunch program. For comparison purposes, Arapahoe (33.47%), El Paso (29.76%), Jefferson
(24.94%), and Adams(41.48%) have fewer students that qualify.
The demographical breakdowns of the juvenile population to be served by the diversion program include
juvenile's ages 10-17 based on prosecution eligibility. From September 2005 through December 2007, the
diversion program has supervised 149 (45%) females and 180 (55%) males in the delinquency program. The
ethnic breakdowns of the juveniles participating in both programs are as follows based on self-report: 194
(59%) White/non-Hispanic, 119 (36%) Hispanic, 20 (6%) Bi-Racial, 2 African American and 3 American
Indian. The gender and ethnic numbers are in contrast with the numbers reported by the State of Colorado,
specifically for the Weld County Probation Department; of their"new clients" in FY2007 93% were Caucasian,
7% were Hispanic; 28% were female and 72% were male.
The totals for the students registered in the Weld County School Districts are as follows: 19,615 (55%)
White/non-Hispanic, 15,051 (42%) Hispanic, 365 (1%) Asian/Pacific Islanders, 374 (1%) African Americans,
and 243 (<1%) American Indians; 17,236 (48%) females and 18,412 (52%) males. The diversion numbers
more align with the total school districts populations.
As the numbers indicate, Weld County has an alarming number of juvenile delinquency and truancy
filings within the court system in comparison to the much larger judicial districts that have been
mentioned above. Since September 2005, the diversion program has provided case management for 329
juveniles between the ages of 10-17 facing their first non-violent criminal offense allowing the focus of
the formal criminal justice agencies to remain on juveniles at greater risk of committing further criminal
offenses against the community. 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. Supervision of the juveniles in the diversion program prevents
labeling them as delinquents, allows them to repair the harm caused to the community, and focus on their
future rather than on their past behavior.
2008-09 State Juvenile Diversion Application I I-07 -2-
2. PROJECT DESCRIP'I.JN (Limit 2 pages)
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 Chief Deputy District Attorney for a filing decision,
the case is reviewed for legal sufficiency for prosecution, based on non-violent 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 with the Case Manager. Usually, this is done pre-filing; however, on occasion
cases have been referred following an initial court appearance.
Upon intake, 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.
If accepted into the 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. 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.
All of the agreements will include community service, required school attendance, 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.) The juveniles and their parents/guardians are referred to
outside community agencies for therapeutic services.
In our current program we have discovered a need to educate the parents on the importance and
obligation for school attendance, specifically among our Hispanic/Latino population. Based on the
parent's own experiences with school, an education was a privilege after a certain grade or an emphasis
has not been placed on the importance of graduating from high school, little encouragement has been
given to the students to attend. Assigning projects to the students to explore the importance of an
education for their future endeavors are given as a"sanction" in the program.
The diversion program provides an educational class to the juvenile participants that are attending high
school; parents are encouraged to attend with their child. Issues discussed include communication
skills, peer pressure, substance use, suicide education/prevention, anger management, "normal" teenage
emotions, victim empathy, healthy non-violent relationships, and life skills such as budgeting and
employment/interviewing skills.
In addition, we have developed a Restorative Justice based Shoplifting Conference, currently being
facilitated by our Tracker/Case Manager. This Conference is held on a monthly basis with the juveniles
in the diversion program that have committed a shoplifting offense, their parents/guardians, and a local
retail representative(s)to address the harm caused by their behavior. To date, only 2 out of the estimated
120 juveniles that have attended the conference have committed new law violations; however, only one
was for another shoplifting offense. The Tracker/Case Manager has also facilitated other Restorative
Justice Conferences when appropriate, with the offenders participating in diversion and the victims of
their behavior.
2008-09 State Juvenile Diversion Application 11-07 -3 -
If the juvenile fails to comply with the agreement due to new criminal activity or 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 juveniles are now 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 and Case Manager provide case management; maintain records, supervision, and
monitoring for compliance with the agreements. In addition, the Director is responsible for the
collection and reporting of data.
As the diversion program expands and issues arise, modifications to supervision or classes will be made.
The areas of delinquency diversion are continually being studied, the Director routinely looks for
updated information regarding how to improve the program for the juveniles in the community and
provide a positive experience while holding the juveniles accountable for their criminal behavior. The
bottom-line is prevention, preventing this identified group of juveniles from entering further into the
criminal justice system.
2008-09 State Juvenile Diversion Application 11-07 -4 -
3. POPULATION TO BE SERVED (Limit 1/2 page)
Based on the demographic data from the last two years since the diversion programs implementation, the
gender and ethnic backgrounds of the participants have remained stable and consistent with the
demographics from the Colorado Department of Education specific to Weld County. The numbers
estimated below for the juveniles to be served by this grant award are consistent with the overall
demographics for the County.
Number of Juveniles Targeted to be Served
White Black Hispanic Asian/Pacific Native Other/ Total
Islander American Unknown
Males 42 33 3 78 +/-
Females 40 30 2 72+/-
Total 82 63 5 150
Percent of Total to be Served with Limited English Proficiency: 25%
There has been an increasing need for the current Spanish-Speaking interpreter to translate for
appointments, phone calls, and paperwork for both the juveniles and their parents or guardians. The
grant request for the interpreter up to 20 hours a week will accommodate this increased need and
expanded job responsibilities.
So far, the program has not needed to create gender specific programming; however, coordination with
other community programs that offer specific trainings/classes geared toward gender specific issues are
utilized. As the caseload increases and gender specific issues become more prevalent, training will be
sought and additional programming implemented to meet the needs.
Training regarding cultural sensitivity has been provided and attended by two of the staff members; this
training will be sought for the additional staff members and will continue for all employees as needed.
2008-09 State Juvenile Diversion Application 11-07 -5 -
4. APPLICANT AGENCY CAPACITY (Limit 'A page)
The mission of the diversion program is to divert non-violent, first-time juvenile offenders from the
traditional court system. The program has diverted 329 juveniles from the traditional court system since
September 2005.
The program "employs" the Director, a Case Manager, and a Tracker. The Tracker works part-time for
the diversion program to facilitate the Restorative Justice programming and assists in teaching the life
skills class offered by the program. The Director earned Bachelors Degrees in Human Development and
Family Studies with an emphasis in Adolescence (BS) and Business Administration (BA), her
professional history includes employment with the State of Colorado and the United States Government
as a probation and parole officer from 1993 to 2005 until she was hired by the District Attorney to
implement this program. The Case Manager has a Bachelors Degree in Human Development and
Family Studies with an emphasis in Youth and Families (BS), her professional career has included
employment by the Sate of Colorado as a probation officer and as a counselor/case manager with a
residential treatment facility for juvenile substance abusers. The Tracker has a Bachelors Degree in
Sociology (BA), his professional career has included employment with a residential treatment center.
He has volunteered with the University of Colorado and Longmont's Restorative Justice Programs for
several years and has facilitated numerous conferences.
Currently, the Juvenile Assessment Center and the Multi-Disciplinary Youth Assessment Team(MYAT)
are providing assessments and referrals to non-adjudicated and truant juveniles in the community;
however, of the juveniles that were accepted into the diversion program less than 10% have been
screened by these programs. The District Attorney's Office has the authority to divert a criminal case
from the traditional court system; however, these other agencies do not have this authority. Based on the
numbers and purpose, the diversion program is not duplicating services with these other agencies.
As requested see the organizational chart and job descriptions for the diversion program in Section IX,
number 1 and 2.
2008-09 State Juvenile Diversion Application 11-07 -6 -
•
5. COMMUNITY COLLABORATION & SUPPORT (Limit 1/2 page)
Based on our community size and structure, the diversion program is working and/or attending meetings
with the following local agencies: SB94, HB1451, the 19th Judicial District Probation Department, the
Weld County Department of Social Services, the Juvenile Assessment Center, the Department of
Employment Services, local School Districts, local law enforcement agencies, the City of Greeley's
Youth Enrichment Office, Suicide Education and Support Services, local mental health and substance
abuse treatment agencies, the Girl Scouts of America, the Boys and Girls Clubs, and any other agency
available to address the needs or issues with the juvenile and their family.
Specifically, the diversion program is working with the City of Greeley's Youth Enrichment Office. The
juveniles can take advantage of city programming which includes the activities offered through the recreation
department such as tutoring, locations for the neutral setting needed for the restorative justice conferences and
study halls as well as a community service site for their diversion agreements.
The Juvenile Assessment Center has collaborative programming offered at the Center specifically, substance
abuse and anger management classes for juveniles. The juveniles participating in the diversion program can
participate in this programming.
The Girl Scouts of America have arranged to provide classes to the females participating in the diversion
program on a weekly basis beginning in the Spring of 2008. Depending on availability these classes will
continue throughout the grant period.
The Department of Employment Services has worked with a number of our program participants and will
continue to receive referrals for juveniles looking to achieve their GED and employment assistance. In
addition, the parents/guardians have been referred to address their own educational and employment needs.
See attached letters of support below this section.
2008-09 State Juvenile Diversion Application 11-07 -7 -
of oa1/4o
�� = p( STATE OF COLORADO
1Sl o WELD COUNTY COMBINED COURTS
* Q * Roger A.Klein, Chief Judge
4:2
Karen L.Salaz, District Administrator
876/ Catherine L. Walker,Clerk of Court
Rebecca A. Koppes Conway
District Court Magistrate
February 11, 2008
To Whom It May Concern:
I am writing as the judicial officer who hears juvenile delinquency and truancy matters in
this district for 99% of the cases. It is my belief that we owe extra time and attention to our young
people in programs that make sense not only as effective but on a cost based approach. The
program that I am recommending to you today is the diversion program currently run by the Weld
District Attorney.
My recommendation for continued and increased funding if available is based on the
documented success as measured by the lack of recidivism experienced with juveniles who enter the
program. As well, the other criterion is that it meets the individual needs of the young person
involved as well as the needs of the community. In the last years,the program has been an
outstanding success with delinquency cases.
The program allows juveniles charged with crimes to be accountable in a quicker manner
than through the court process. It also allows the juvenile to understand that there are
consequences to their behavior. This is an immediate impact to the truancy docket because based
on the numbers, it also saves the funding of at least two other deputy district attorneys and the
clerical staff necessary to prosecute these cases.
I would urge that you continue the funding to this worthy program.
Yours truly,
Rebecca A. Koppes Conway
901 Ninth Avenue, Post Office Box 2038,Greeley,Colorado 80632-0138
Phone:(970)351-7300 x5500•Fax: (970)356-4356
http://www.courts.state.co.us/district/19th/19dist.htm
K`I QQ4.O
DEPARTMENT OF PROBATION SERVICES
q'r ,0�aa
vi= Nineteenth Judicial District: Serving Weld County
41 Kevin Nelan, Chief Probation Officer
M ••.0
1876
Adult&Juvenile Probation Weld County Alcohol Unit
934 Ninth Avenue 934 Ninth Avenue
Greeley, CO 80631 Greeley, CO 80631
(970)392-4589 (970)392-4588
(970)351-8695[fax] (970)351-8695[fax]
February 12, 2008
This letter is on behalf of the of the Weld County District Attorney's office
Diversion program. I continue to be an advocate for this program. I have been an
employee of the Colorado Judicial Department for the last eighteen and this
program has been one of the most successful programs that I have observed over
that period of time. This program is extremely valuable to the 19th Judicial
District and specifically to the probation department here.
Juvenile probation caseloads continue to rise in this Judicial District and our
juvenile probation officer's caseloads have reached the point in which they border
on the unmanageable. This Diversion program diverts many of the lower risk
youth from reaching our department so that we can concentrate on supervising the
higher risk delinquent youth. Diversion is able to work with many of these
juveniles who with some guidance, supervision and educational programming can
avoid returning to the Judicial system altogether.
The statistics have shown how successful this program continues to be here in
Weld County. Over the last twelve months this program has diverted 156
juveniles from being placed on probation. Over that same period of time 116
youth (94%) have successfully completed the program. Only eight juveniles went
on to further Court involvement and or probation. They currently are supervising
32 juveniles. Additionally, 96% of the juveniles completing the program have not
committed new law violations at the six month, one year, and two years marks.
I have been very impressed with the 19th Judicial Districts' Diversion program.
Particularly with the leadership of District Attorney, Ken Buck and Diversion
Director, Kim Kinne. I enthusiastically support this program.
Sincerely,
Kevin A. Nelan
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SE.:TION III- PAST PERFORMA1.CE
(For Continuation Applications Only)
The previous goal was achieved by diverting 156 juveniles from the traditional court system for the
calendar year 2007. Through the grant opportunity, restorative justice programming has continued and
new projects are under development. Unfortunately, not all of the programs objectives were the same as
other collaborative agencies so programming that we would have liked to implement have been delayed
given the lack of key participant's availability.
With regards to program specific evaluations, forms were sent to the parents/guardians and juveniles
upon completion of the program with a self-addressed stamped envelope, less than 2% were returned. Of
the forms returned, feedback provided was evaluated and changes to the program were made if
appropriate.
To date, the diversion program has diverted 329 juveniles from the traditional court system since
September 2005. On average 98% of the juveniles have successfully completed their agreements and
96% have not committed new law violations resulting in juvenile filings over the course of 6-months, 1-
year, and 2-year milestones.
Unintended outcomes, results, and lessons learned over the course of the last two years include the
effectiveness of the restorative justice shoplifting conference and the low recidivism rate of those
juveniles that have successfully completed the program.
2008-09 State Juvenile Diversion Application 11-07 - 10 -
SECTION IV- PROJECT EVALUATION
Statistical data is categorized and recorded as cases are referred, accepted, and terminated within the
diversion program. The Director will be logging data into an Excel spreadsheet to track demographic
information, referrals to the program, acceptance into the program, conditions of agreements, referrals to
community agencies, number of hours of community service assigned/completed, amounts of restitution
collected, educational/life skills class attendance, restorative justice conferencing attendance,
termination/completion dates, criminal or truancy case filings, and any other data that may be relevant to
measure whether or not a portion of the program needs to be implemented, modified, or removed.
Upon successful completion of the program, evaluations/feedback is requested by the juveniles and their
parents/guardians. This information is used to evaluate the program and its effectiveness. Upon receipt,
changes or modifications are made if appropriate.
Based on the need to verify that the juveniles have not committed new criminal offenses, the District
Attorney's database will used to cross-reference that the juveniles have not had juvenile petitions filed
against them due to new criminal behavior.
If a component of the diversion program appears to have a pattern of "failure" or ineffectiveness the
reasons for potential problems will be evaluated and modifications made accordingly. It is the belief of
the diversion program that there will always be a need to evaluate and modify the program based on new
research or data, trends, and/or community needs.
As stated previously, the outcome measures in relation to the goals and objectives for the diversion
program will be easily documented by the basic number of delinquent juveniles accepted into the
program. We will be relying on the databases maintained by the Courts and the District Attorney's
Office.
If awarded, as requested by the OAJJA all collection forms including data entry into CoKit, narrative,
and financial reports will be completed as required.
Blank copies of the evaluation tool and or feedback forms have been attached; please see Section IX
attachments, number 3.
2008-09 State Juvenile Diversion Application 11-07 - 11 -
SECTION V- SUSTAINABILITY
The diversion program has been funded by this grant opportunity for the last two years. The grant
is currently funding the Director's position, the Tracker and Interpreter on a part-time basis.
The Weld County Commissioners through the District Attorney's office has funded the Case
Manager position since January 2006.
As the diversion program continues to expand and prove successful, it is anticipated that funding
will continue be requested through grants and various government and community agencies.
Potential cost savings to the community can be calculated to include the number of community
service hours completed by diversion participants, the salary and time saved that would have been
incurred by the employees of local low enforcement,the District Attorney's Office, the Courts, and
the Probation Department had the cases proceeded or returned to Court, and if the juveniles remain
law-abiding and complete their education they will become productive employees and members of
the community.
2008-09 State Juvenile Diversion Application 11-07 - 12 -
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2. BUDGET NARRATIVE: (Limit 3 pages)
A. Personnel:
Amount requested is to fund the Director's full-time position, the Tracker/Case Manager's part-time
position, and the Spanish language interpreter on a part-time basis. The Weld County Commissioners
through the District Attorney's Office will continue to fund the current full-time Case Manager position.
As stated previously, all positions working directly with the juveniles have Bachelor degrees and training
appropriate for their positions. Specific job descriptions are included as an attachment.
The increase in funding requested for this grant period includes the projected increase in the cost of the
benefits associated and incurred by the County in addition to the raises provided for the employees per
county policy.
The amount requested for the Director's position includes the annual base salary of$61,618 with $24,490
in benefits, totaling$86,108. Compared to last year, this request includes a$3,230 a year raise in salary;
however due to the increased benefit expenses for the County,the increase reflected for benefits is
$9,729. Even given this increase in salary, the Directors of similar programs such as the Juvenile
Assessment Center and the Director of the Weld County Interagency Oversight Group, were posted at a
starting salary of$75,000 plus benefits.
The Case Manager's base salary and benefits are being paid for through the District Attorney's Office by
the Weld County Commissioners as the in-kind match for the diversion program. Starting salary for
similar positions such as a probation officer would be complementary to this current pay scale.
The Tracker/Case Manager and Interpreter are being requested on a part-time basis which does not
equally compare to the rest of the general business public. However,the Tracker/Case Manager position
is being paid as would be comparable to this particular individual's responsibilities and employment
history.
B. Supplies and Operating:
Line items to include office supplies are estimated to cost$2,000. Items to be purchased will include
paper supplies such as file folders, dividers, paper, and envelopes, business cards, general office supplies
(pens, post-it notes, paperclips, pens, etc.), and school supplies if necessary for the juveniles participating
in the program.
C. Travel:
Training or Conference attendance will depend on the availability and expensed by the Weld County
District Attorney's Office.
Mileage is estimated at the rate of$.39/mile. Due to the increasing referrals in the Southern part of Weld
County and trainings offered in the Metro Denver area, it is anticipated that mileage will be $500.
D. Equipment:
At this time, it is not anticipated that the diversion program will require any equipment as defined in the
application during this grant period.
E. Consultant/Professional Services (Contracts):
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 the utilization of the CoKit database.
- 15 -
3. FINANCIAL MANAGL..iENT: Please complete the items belo,..
A. Has a copy of your last independent audit or financial review been previously submitted to DCJ?
YES/ NO. If YES, to which program? DCJ/Justice Assistance Grant Program Funds_,
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? � 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.)
ZYES ONO Does your accounting system separate ALL revenues and expenditures by funding source?
EYES [—NO Does your system track revenues and expenditures for each grant award separately
through a sub-ledger system?
®YES ONO 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?
®YES ONO Do you reconcile sub-ledgers to your general ledger at least monthly?
ZYES FIND Do you mark your invoices with the grant number?
ZYES ONO Do you maintain time sheets, signed by the employee and supervisor for each employee
paid by DCJ grant funds?
®YES ONO Do you have written financial policies and procedures in place?
®YES FIND 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
EYES ❑NO Do you use your accounting system data to prepare your quarterly financial reports for
DCJ?
EYES ONO 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.
- 16-
4. TOTAL PROJECT 1;cNDING:
Will this project BE FUNDED using ADDITIONAL FUNDS other than those provided from this grant?
Ni YES / NO
If yes, what% of the total project costs will be supported by these federal funds? 75 %
List the type and amount of other funding that will be provided to this project.
Fund Type/Describe Amount
Federal
State
County Government $43,154
$56,873 (Total) (25% Cash Match)
Municipal Government
Private
Other- specify Unknown **
TOTAL $43,154
$56,873 (Total) (25% Cash Match)
*Amount collected by diversion program participants will vary depending on ability to pay the assessed
fees due to household income and expenses for program requirements such as treatment for substance use
and/or mental health counseling, etc.
- 17 -
SECTION VII - CERTIFICATION OF MATCH
A Certification of Appropriation of Match form should be completed by all agencies providing match.
Certification of Appropriation of Match
Date: February 4,2008
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 The Weld County Board of Commissioners has committed support in the form of Cash
Match in the amount of $56, 873 and/or ❑ In-kind Match valued at$ to match the State of
Colorado funds for the FY 08/09 COLORADO JUVENILE DIVERSION PROGRAM for
The 19th Judicial District,Weld County District Attorney's Office: 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 loci
s, 7/O//O8 government or corporation. This
individual is either the authorized
Signature/Date official or appropriate controller of the
matching funds.
Barbara Connolly, CPA, Weld County Department of Accounting, Controller
Typed Name and Title
Weld County Government,Post Office Box 758, Greeley, Colorado 80632
Agency, Address
_ 18 _
SECTI6,, VIII- CERTIFICATIONS/SK,NATURES
See attached Special Provisions and Certified Assurances document below.
- 19-
CO RADO DIVISION OF CRIMINAL JUSTIC
JUVENkte,JUSTICE AND DELINQUENCY PREVENTION
STATE JUVENILE DIVERSION PROGRAM
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES
Special Provisions& Certified Assurances must remain attached to the application
May 13,2008 SPCA Page 1 of 7
RECl-''vrn.11
pv
CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY:
V Inter-Governmental Grant
Grant to a Colorado State Agency (Section A does not apply)
V 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 §19-2-203, 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
Effective Date of Special Provisions:May 13,2008
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This subgrant award shall not be deemed 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. INDEMNIFICATION.
a. 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 INTERGOVERNMENTAL GRANTS ONLY:
b. No term or condition of this grant 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, Section 24-10-101, et seq.,
C.R.S. or the Federal Tort Claims Act,28 U.S.C.2671, et seg.,as applicable,as now or hereafter amended.
2008-1712
COT 1ADO DIVISION OF CRIMINAL JUSTIC.
JUVENILi JUSTICE AND DELINQUENCY PREVENTION
STATE JUVENILE DIVERSION PROGRAM
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES
Special Provisions& Certified Assurances must remain attached to the application
May 13,2008 SPCA Page 2 of 7
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2:
(THIS PROVISION IS NOT APPLICABLE TO GRANTS 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 TIIAT 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 I'AY 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.
5. NON-DISCRIMINATION.
The Subgrantee Agency agrees to comply with the letter and the spirit of all applicable State and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this subgrant. Any provision of this subgrant, whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and
regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports
to negate this or any other special provision in whole or in part shall 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 will
not invalidate the remainder of this subgrant,to the extent that the subgrant is capable of execution.
At all times during the performance of this subgrant, the Subgrantee Agency shall strictly adhere to all applicable federal and
State laws,rules, and regulations that have been or may hereafter be established.
7. VENDOR OFFSET. CRS 24-30-202(1)& CRS 24-30-202.4
(THIS PROVISION APPLIES TO NON-INTERGOVERNMENTAL GRANTS ONLY:)
The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept
system for: (a)unpaid child support debt or child support arrearages; (b) unpaid balance of tax,accrued interest,or other
charges specified in Article 21, Title 39, CRS; (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 or its agencies as a result of final agency determination or reduced to judgment,as certified by the State
Controller.
8. EMPLOYEE FINANCIAL 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.
9. SOFTWARE PIRACY PROHIBITION. (Governor's Executive Order D 002 00)
No state or other public funds payable under this subgrant shall 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 that,
for the term of this subgrant and any extensions,the Subgrantee Agency has 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 paragraph,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.
10. FEDERAL FUNDING
This subgrant is subject to and contingent upon the continuing availability of federal funds for the purposes hereof.
CO 3ADO DIVISION OF CRIMINAL JUSTIC
JUVENII.r,JUSTICE AND DELINQUENCY PREVENTION
STATE JUVENILE DIVERSION PROGRAM
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES
Special Provisions& Certified Assurances must remain attached to the application
May 13,2008 SPCA Page 3 of 7
11.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
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.
12. 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
1. 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, advance payments, and cost reporting submissions are contained in the DCJ
Form 3 - Cash Request Procedures, and DCJ Form 1-A - Subgrant Financial Report, which are hereby incorporated by
reference.
c. Advance payments cannot exceed 30-day operating expenses.
d. 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.
e. The Subgrantee Agency assures that quarterly financial and narrative reports shall be submitted within 30 days of the end
of each calendar quarter and shall be current and actual.
. COI ;ADO DIVISION OF CRIMINAL JUSTIC.
JUVENILr,JUSTICE AND DELINQUENCY PREVENTION
STATE JUVENILE DIVERSION PROGRAM
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES
Special Provisions&Certified Assurances must remain attached to the application
May 13,2008 SPCA Page 4 of 7
f. 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.
g. 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.
h. 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
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 £mancial 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.
CO RADO DIVISION OF CRIMINAL JUSTIC
JUVENnue,JUSTICE AND DELINQUENCY PREVENTION
STATE JUVENILE DIVERSION PROGRAM
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES
Special Provisions&Certified Assurances must remain attached to the application
may 13,2008 SPCA Page 5 of 7
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.
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:
CO' tADO DIVISION OF CRIMINAL JUSTIC
JUVENILE.JUSTICE AND DELINQUENCY PREVENTION
STATE JUVENILE DIVERSION PROGRAM
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES
Special Provisions& Certified Assurances must remain attached to the application
May 13,2008 SPCA Page 6 of 7
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
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.
I. 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. §I232g),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)(I2)(A); Separation of Juveniles from Incarcerated Adults, Section 223(a)(I3);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.
• • CC RADO DIVISION OF CRIMINAL JUSTIC
JUVENILE JUSTICE AND DELINQUENCY PREVENTION
STATE JUVENILE DIVERSION PROGRAM
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES
Special Provisions& Certified Assurances must remain attached to the application
May 13,2008 SPCA Page 7 of 7
SIGNATURE PAGE ->->->TO BE 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. In accordance with the Colorado
Revised Statutes 24-72-202.6,information supplied in this application is considered a public record.
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