Loading...
HomeMy WebLinkAbout20071014.tiff RESOLUTION RE: APPROVE REVISED GRANT APPLICATION TO THE DIVISION OF CRIMINAL JUSTICE 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 a Revised Grant Application to the Division of Criminal Justice 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, with further terms and conditions being as stated in said revised grant application, and WHEREAS, after review, the Board deems it advisable to approve said revised grant 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 Revised Grant ApplicationfortheJuvenile Diversion Programs 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 revised grant application. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 11th day of April, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO & .. ,La ATTEST: i r- 2 ` EXCUSED t 1 David E. Long, Chair Wel. ounty Clerk totto„:1 .s / Jer rO-Tem De. y Cler f o the Boa !"ry CL— William F. Garcia APPRO9AS TO FO EXCUSED Robert D. Masden C my Attorney - V I Douglas dema e Date of signature: l I7 D i 2007-1014 DA0021 REVISED Application for Colorado Juvenile Diversion Programs Grant# (DCJ use only) Will grant funds be used to conduct research? Yes X No If yes, please identify the type of research: The project involves research and/or statistical activities but does not involve the collection of information identifiable to private persons The project involves research and/or statistical activities and involves the collection of information identifiable to private persons APPLICANT AGENCY: Legal Title of Applicant Agency: Weld County District Attorney's Office Project Title: Juvenile Diversion Address: PO Box 1167 City, State, Zip: Greeley, CO 80632 County: Weld Phone: (970)356-4010 x4775 Federal Employer ID Number: 846000813 LOCATION OF AGENCY: U.S. Congressional District: 4 State Judicial District: 19 SERVICE AREA: (This project will service the following areas:) a. U.S. Congressional District#/s: 4 b. Judicial District#/s: 19 c City(ies): AND/OR County(ies): Weld d. Population size (census)of service area: 210,000 PROJECT DIRECTOR: (The Project Director is considered to be the primary contact person, and the person who is directly responsible for ensuring that the plan is implemented. All future correspondence from the Colorado Division of Criminal Justice, regarding this grant, will be sent to this person). Project Director: Kimberly Kinne Agency: Weld County District Attorney's Office Mailing Address: PO Box 1167, Greeley, CO 80632 Phone: ( 970 )356-4010 x4775 Fax: ( 970 )392-4572 E-mail: kkinne(a�co.weld.co.us REQUESTED AMOUNT: Diversion Amount $ 93,619 Cash/In-Kind match $ 49,981 (This must be at least 25% of Total Cost) Total Cost $ 143,600 (Cash and/or In-Kind Match must equal at least 25% of the Total Cost) PROJECT DURATION DATES: From: July 1, 2007 To: June 30, 2008 TYPE OF APPLICATION (CHECK ONE): 1) New: 2)Continuation: _Start a new project (no previous State funding) _X_Continue a project currently receiving State funds. Expand or enhance an existing project (no Expand/enhance an existing project receiving State funds. previous State funding) IS PROJECT IMPLEMENTING AN EVIDENCE-BASED PROGRAM? ®Yes ZNo If yes, provide the name of the evidenced-based program. Principles of Restorative Justice, Truancy Prevention, and Teen/Youth Court; we are not implementing an exact replica of an existing program. 2007-1014 Page 11/2006) Pa e 1 • I. COMPLIANCE WITH THE JJDP ACT Indicate your status of compliance: _X_All jurisdictions have been certified to be in compliance (Per Susan Davis February 7, 2007). A plan has been developed and approved by the DCJ compliance monitor to ensure future compliance. We are not in compliance, but are in the process of developing a plan to come into compliance. The plan will be approved prior to the grant start date. (Revised 11/2006) Page 2 H. APPLICANT AGENCY CAPACITY, COMMUNITY COLLABORATION AND SUPPORT(Limit— 1 page) 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. 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 Director to schedule an intake interview. 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, 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. If the juvenile fails to comply with the agreement due to new criminal activity or does not complete the requirements,the case is returned to the Chief Deputy District Attorney for the filing of formal charges. Weld County District Attorney Ken Buck re-implemented the juvenile diversion program in August 2005 with funding provided by local SB94 Funds for the Director's salary. The program was expanded to include a Case Manager in January 2006 with funds approved by the Weld County Commissioners. Due to the Juvenile Diversion Grant Award for FY 2006-2007, an additional tracker/case manager was hired in January 2007. The Director has Bachelors Degrees in Business Administration (BA) and Human Development and Family Studies with an emphasis in Adolescence (BS), professional career includes employment with the State of Colorado and the United States Government as a probation and parole officer from 1993 to 2005. 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 State of Colorado as a probation officer and as a counselor/case manager with a residential treatment facility for juvenile substance abusers. The Tracker/Case Manager has a Bachelors Degree in Sociology(BA), his professional career has included employment at a residential treatment center for children. All employees have been trained in Restorative Justice Principles and are currently assisting other agencies with their conferences. On-going training and research into delinquency diversion aspects of the program including cultural and gender specific issues are a priority and will continue throughout the year. Based on our community size and structure, the diversion program is working and/or attending meetings with the following local agencies: SB94,the Probation Department,the Department of Social Services,the Juvenile Assessment Center, the Department of Employment Services, Weld County Partners, local school districts, all law enforcement agencies, the City of Greeley's Youth Enrichment Office, Suicide Education and Support Services, local mental health and substance abuse treatment agencies, Poudre River Trail Authority,the Boys and Girls Clubs, and any other agency available to address the juveniles and their families needs. Currently, the Juvenile Assessment Center (JAC) and the Multi-Disciplinary Youth Assessment Team (MYAT) are providing assessments and referrals to non-adjudicated and truant juveniles in the community. In 2006, of the 122 juveniles that participated in the delinquency diversion program, only 18 were seen by the JAC and only one by MYAT. The District Attorney's Office has the authority to divert a criminal case from the traditional court system 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. See attached letters of support from a few of the diversion programs community partners below this section. (Revised 11/2006) Page 3 CHAMBERS. hid,Total NINETEENTH JUDICIAL DISTRICT (970) 351-7300 POST OFFICE BOX 2036 Extension 4567 GREELEY, COLORADO 80632-0138 Fax: (970) 356-4356 REBECCA KOPPES CONWAY MAGISTIWE February 13, 2007 Re: DCJ-OAJJA FY 07-08 To Whom It May Concern: I am writing as the judicial officer who hears juvenile delinquency and truancy matters in this district. 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 programs I recommend to you meet that criteria with excellent results demonstrated and promised. I urge your support financially for the programs before you. I am proud to recommend for funding the program created in the 19th Judicial District through the District Attorney's office. In the last year, the program has been an outstanding success. The criteria I use to make that determination is that it is effective in that it meets the individual needs of the young person involved as well as the needs of society. Success has been demonstrated by the numbers. In 2006, there were 192 referrals to the delinquency diversion program with 122 accepted. 91 of those accepted have terminated successfully. This program does not just require that the offender not re-offend but that the offender completes a tailored program to the juvenile. For instance, school attendance, counseling and useful public service are amongst a detailed program that the juvenile and the parents contract to complete. The coordinator then takes a careful approach to verifying completion of the requirements. Of those that have reached 6 months from completion, none have been charged with new offenses. It is clear that children must be able to learn the skills necessary to follow the rules required in society. Attendance at school is one of the ways in which those skills are learned. In just one of the eight school districts, over 500 children were identified as being truant after the first two months of school. Failure of our community to make sure that children are attending school is unacceptable and the diversion program helps address that number. As part of a larger program, the diversion program began accepting young persons into a program designed to combat truancy that progresses from an informal program to court action with detention possible. The program created by the District Attorney to combat truancy is significant to our community. It mirrors the delinquency diversion program but it is not provided to children until they appear before the court. It is an intensive supportive approach to helping children back into the school system. There has not been a long period of time dedicated to the truancy program but 53 referrals have been made since December 13, 2006. Tracking of attendance is occurring and to date, the subject children are complying with the formal court orders to attend school. In the past, we entered orders requiring children to attend school but it was clear that there was little but a threat of detention to ensure success in compliance. Although the truancy program may not seem to immediately impact the delinquency docket, it makes good sense that children occupied in school are less likely to be engaged in conduct that is delinquent. My reading of the research on the issue supports this premise. For the above reasons, I urge your support financially for the programs before you. Sincerely, Rebecca A. Koppes Conway District Court Magistrate pF:.Clp '� DEPARTMENT OF PROBATION SERVICES es: s. :: . ;o Nineteenth Judicial District: Serving Weld County Si( A �7 Kevin Nelan, Chief Probation Officer 1.876 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 9, 2007 I am writing this letter on behalf of the Weld County District Attorney's office Diversion program. As the Chief Probation Officer as well as a citizen of Weld County I have developed a great appreciation of this Diversion Program for several reasons. As juvenile probation caseloads rise dramatically in the 19th Judicial District our probation officer's caseloads have reached the point in which they border on the unmanageable. Diversion continues to divert many of the lower risk appropriate cases from reaching our department so that we can concentrate on the higher risk delinquent juveniles. More importantly Diversion is able to work with many of these youth who with some guidance and educational programming can avoid returning to the Judicial system altogether. Statistics indicate that in 2006 this Diversion Program diverted 122 juveniles from probation supervision. The 98% success rates not only indicates the benefits of this program,but also that they are selecting the right clients for this program. I continue to be impressed by the 19th Judicial Districts' Diversion program. With the leadership of District Attorney, Ken Buck and Diversion Director, Kim Krone I know that this program will continue to successful. Sincerely, Kevin A.Nelan Chief Probation Officer SiZa POLICE DEPARTMENT / City of PUBLIC SAFETY BUILDING, 919 7TH STREET, SUITE E,GREELEY,COLORADO 80631 •(970)350-9605 Greeley February 8, 2007 TO WHOM IT MAY CONCERN: Please consider this correspondence as a letter of support for the grant application of the Weld County District Attorney's Office Juvenile Diversion Program. As police chief for the City of Greeley, a community of over 90,000 residents, I have been concerned about the past lack of service options for juvenile offenders. The Diversion Program has ably filled a significant void in our city and county services by providing helpful and effective options for young offenders. The Juvenile Diversion Program has provided effective intervention services for truants in our area — youth who are headed for more serious trouble unless intercepted. Diversion is helping access some troubled youngsters who would otherwise be our police "clients" of tomorrow. In my opinion, Juvenile Diversion provides an excellent example of taxpayer dollars well-spent to serve the community and make it a safer place to live. I would greatly appreciate any grant funding support that might be offered this successful program. Please feel free to contact me if I might provide additional information. Sincerely, 9,:t..&.4a.b.----- Jerry arner Chief of Police SERVING OUR COMMUNITY • I T ' S A TRADITION \--- We promise to preserve and'improve t e 9aal ty oflfe`or C9reeley licrou9.4 limey, courteous any(cost effec(ioe service. —J WELD COUNTY ii! JAC JUVENILE ASSESSMENT CENTER DCJ-OAJJA 2007-08 Grant 19th Judicial District Juvenile Diversion Program February 7, 2007 This letter of support is being submitted on behalf of the grant application for the Juvenile Diversion Program, 19th Judicial District, Colorado. Continued funding for the Delinquency and Truancy Diversion programs is imperative if these viable intervention practices are to remain in place and continue to offer opportunities for our youth to be successful in life. Truancy and Delinquent behavior are viewed as precursors for criminal conduct and frequently elevate to the point of youth dropping out of school completely. These intervention strategies assist youth, who might otherwise miss out on an educational foundation needed to be prepared for the job market and successful career opportunities. The reality for our communities if lacking these intervention programs, is the high costs each year spent on law enforcement, prosecutors,judges, detention beds, probation officers and victimized citizens. Funding programs that allow youthful offenders to be held accountable for their actions, change future behavior or remain connected with the educational process schools provide, is more cost effective and productive for both the youth and society. The Delinquency and Truancy Diversion program for Weld County has become an important part of the community's effort to address school truancy and delinquent behavior by some of our youth. Support from outside funding sources is necessary in order for these activities to continue. As a partner agency within this collaborative community effort, I would urge a positive review of this grant application and the continued funding of this program. Sin a el c ael Guthne Executive Director 9131 I'm AVENUE GREELEY CO 80631 WWW.WELDJAC.ORG 970-3024989 Fax 970-3134252 • III. ANALYSIS OF JUVENILE JUSTICE SYSTEM NEEDS (Limit—2 pages) Based on enrollment within the 13 public school districts in Weld County, there are approximately 42,956 children enrolled for the 2006-2007 school year. In FY 2006, the Weld County District Attorney's Office filed 1,078 juvenile cases in District Court or 2.5% of the children enrolled in the public schools. Based on this number, Weld County had the sixth highest number of juvenile delinquency filings in the State of Colorado behind the 18th (Arapahoe/Douglas/Elbert/Lincoln Counties), 4th(El Paso/Teller Counties), 2nd(Denver Juvenile), 1s` (Jefferson/Gilpin)Judicial Districts, and 17'" (Adams/Broomfield)Judicial Districts. Since September 2005, the diversion program has provided case management for 186 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. Of the total juveniles supervised by the diversion program, 146 have completed their agreements, 142 successfully (97%) and 4 unsuccessfully (3 with new offenses filed in Juvenile Court and one for failing to comply with the agreement) compared to the Weld County Probation Department's 67% successful termination rate. Based on the State of Colorado's recidivism guidelines, 71 juveniles have been terminated from diversion for one year, 94% have not re-offended (only four of the juveniles, within the first year of termination, have new juvenile court filings, three of which are for misdemeanor offenses and one felony). Given the number of suspensions and expulsions by SD 6 administrators during the 2005-2006 school year, the number of students involved with discipline issues was 13% of the total number of students enrolled. Discipline issues within the entire Weld County School District were 11% rivaling that of larger school districts such as the Denver Public School District with (13%), Adams County(12%), Arapahoe County(10%), El Paso (9%), and Jefferson Counties (7%). Boulder and Douglas Counties have a larger enrollment than Weld County and their percentage of kids with discipline issues was only 4%. Neighboring Larimer County's School District has 7,000 more students with only 7% of their population creating discipline issues. Weld County, and more specifically, Greeley is often compared to the City and County of Pueblo based on demographics and per capita income. The Pueblo County School District has fewer students by 8,400 than Weld County with the same percentage of their students with discipline issues (11%). The diversion program is currently planning the implementation of a Teen Court(Peer Jury Model)with SD6 and the Greeley Police Department's School Resource Officers to address cases referred for diversion by the District Attorney for delinquency and issues within the schools that are deemed appropriate. Discipline issues range from tardiness to criminal behavior that requires suspensions or expulsions. Some of these issues can be appropriately addressed with a jury of the student's peers. Most would agree that peers strongly influence adolescent's behavior;therefore, a peer jury hearing and issuing sanctions to a fellow student will have a stronger impact on the student than the traditional court system might normally. The National Youth Court Center's Implementation Guide points out that the benefits to a Teen Court include holding the offenders accountable, capitalizing on peer influence,facilitating the development of competencies in youth,empowering and involving youth. Given these benefits, the diversion program is looking to increase the students'accountability to each other and their schools to help address truant and discipline/delinquent behavior with the institutions. It is not the belief of the diversion program that there are predominately bad students within the Weld County School District; there are issues within the School District that are beyond the justice system's control. As has been reported, the Greeley/Evans School District is under academic watch status with Colorado Department of Education. If the diversion program can collaborate to begin addressing the issues of delinquency,SD6 can focus more on the necessary educational components to better prepare the juveniles for their future. We will be assisting the judicial system far more significantly then addressing them independently. Our FY 2006-2007 Diversion Grant's goal was to implement the Teen Court(Peer Jury Model),due to priorities within the collaborative agencies,other issues had to be addressed prior to even beginning the serious discussions regarding this addition to our agendas. Now that those issues have been addressed independently, we are once again pursuing the collaboration with SD6 and the Greeley Police Department to implement the recruiting and training of students in the Fall of 2007. (Revised 11/2006) Page 4 The demographical breakdown of the juvenile population to be served by the diversion programs include juveniles ages 10-17 based on prosecution eligibility. From September 2005 through December 2006, the diversion program has supervised 84 (46%) females and 98 (54%) males in both the delinquency and truancy programs. The ethnic breakdowns of the juveniles participating in both programs are as follows based on self-report: 103 (57%)White/non- Hispanic, 62 (34%) Hispanic, 14 (8%) Bi-Racial, 2 (1%) African American and 1 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 FY2006 92% were Caucasian, 8% were Hispanic, 1% was African American; 27%were female and 73% were male. The totals for the students registered in the Weld County School Districts are as follows: 20,567 (55%) White/non- Hispanic, 15,720 (42%) Hispanic, 419 (1%) Asian/Pacific Islanders, 362 (1%) African Americans, and 265 (1%) American Indians; 18,038 (48%) females and 19,295 (52%) males. The diversion numbers more align with the total school districts populations. 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. As the diversion program expands and issues arise, modifications to supervision or class will be made. The areas of delinquency diversion are continually being studied,the Director is continually looking 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. (Revised 11/2006) Page 5 IV. PROJECT PLAN AND TARGET POPULATION (Limit—2 pages) A. Reduce the number of juvenile delinquency filings/cases by successfully diverting 150 juveniles from the traditional juvenile justice during the grant period of July 1, 2007 through June 31, 2008. Program Description: The Chief Deputy District Attorney will review cases presented by local law enforcement for legal sufficiency. If the accused juvenile is between the age of 10-17 and charges involve their first non-violent criminal offense,a referral can be made to the diversion program for consideration. (The number of cases given to the diversion program will depend on the number and type of cases being presented by law enforcement.) Once interviewed and accepted into the program an agreement will be signed by the juvenile and their parents/guardians. Once the juvenile completes the agreement, the case will be closed without the filing of formal charges. If the juvenile fails to complete the agreement or is charged with another criminal offense in Juvenile Court, the case will be given back to the Chief Deputy District Attorney for the filing of formal charges. In order to address the needs and issues of the juveniles and their families, referrals will be made in collaboration with the School Districts, local law enforcement, Weld County Partners, local Mental Health and Substance Abuse Treatment Programs, the Juvenile Assessment Center, the Department of Social Services, the Department of Employment Services, and any other programs operating within the Weld County Communities, to address and repair the harm caused by the juvenile's behavior. Goals: The diversion program expects to reduce the caseloads of the prosecutors, the Magistrate, and the Probation Department by diverting the lower risk offenders from the traditional court system. Objectives: Diverting the juveniles from the traditional court system will allow the prosecutors, the Magistrate, and probation officers to focus on those juveniles at higher risk to the community. If the juveniles were not diverted, the impact on the "system"would mean an increase in time spent waiting for the cases to be heard due to docket backlog, increased caseloads of the probation officers assigned to report on or monitor, and would prevent early intervention into the juvenile's criminal activities which could lead to additional charges and a pattern of destructive behavior. Activities: The diversion program will be interviewing and assessing the juvenile and their parents/guardians needs to identify and address the delinquent behavior. Appropriate sanctions including community service, payment of restitution, required school attendance, and/or referrals to community resources as needed will be imposed to encourage the juvenile's future rather than labeling and reinforcing negative behavior. As stated in Section III the diversion program is providing an in-house educational class and the implementation of the Teen/Youth Court will be a component within the delinquency diversion program. In addition, the diversion program is working with Weld County Partners to provide Restorative Justice Shoplifting Conferencing for those juveniles on supervision for this offense. The juvenile, their parent/support person, and local retailers participate in this project. Process Measures/Outputs: Participation in the delinquency diversion program is strictly voluntary. The Director will be logging statistical 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 class attendance, restorative justice conferencing attendance, termination dates, recidivism, 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. Outcome Measure: The basic number of juveniles accepted into the program will reflect the diversion programs progress toward the goal. The number of cases managed by the delinquency portion of the diversion program are cases that are not being processed by the other agencies directly impacted by the filing of formal charges and the sentence of the juvenile. (Revised 11/2006) Page 6 • B. Number of Juveniles Targeted to be Served including Cultural/Gender Competency Plan Based on the demographic data from the last 15 months since the diversion programs implementation, the gender and ethnic backgrounds of the participants have been similar to the data provided by the Weld County School Districts. Numbers estimated below for the juveniles to be served by the grant award are consistent with the overall demographics. White Hispanic/ African Native Asian/Pacific Multiracial/ Other Totals Latino American American Islander Multiethnic Males 42 33 3 78 +/- Females 40 30 2 72 +/- TOTAL 82 63 5 150 PERSONS Percent of Total to be Served with Limited English Proficiency: 10% Due to the recent increase in the number of referrals from the Chief Deputy District Attorney, the need for an interpreter has increased by at least 10% in order for us to communicate with the parents of the juveniles participating in the program. The request for an interpreter as part of the grant budget will address this need in order to provide the same services for this population. The diversion programs numbers have not generated a need for in depth gender specific programming. As the caseloads increase and gender issues become more of an issue, training will be sought and specific programming will be implemented. Training regarding cultural sensitivity has been provided and attended by two of the staff members;this training will be sought for additional staff members and will continue for all employees as needed. (Revised 11/2006) Page 7 V. EVALUATION PLAN (Limit— 1 page) Statistical data is categorized and recorded as cases are 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 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 are mailed to the juveniles and their parents/guardians, requesting their input, their impressions, and satisfaction with the program. Upon receipt, evaluations are being reviewed and changes made to the program if appropriate. Based on recidivism, new cases filed against the prior participants in Juvenile Court will be monitored at the six- month, one-year, and two-year intervals. If a certain component within the diversion program appears to have a pattern of"failure" 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 programs 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, the District Attorney's Office, and the School Districts. If awarded, as requested by the OAJJA all collection forms including data entry into CoKit, narrative,and financial reports will be completed as required. (Revised 11/2006) Page 8 VI. PAST PERFORMANCE: (Limit—1/2 page) The previous grant application set goals for decreasing the number of juvenile delinquency filings by diverting 150 cases from the traditional juvenile justice system and 3750 hours of community service will be completed by juveniles participating in the program; the delinquency diversion portion of the program is on schedule to meet these goals as outlined. For the 2006 calendar year, 122 juveniles were accepted into the program, 95 of the juveniles have completed 2740 hours of community service which is an average of 29 hours per juvenile. The 3750 hours was based on 150 juveniles participating in the program and completing on average 25 hours each. Depending on the number of juveniles referred and accepted into the programs for the previous grant period, the number of hours completed should be on track with the goal as outlined. The third goal included the incorporation of restorative justice practices into the diversion programs specifically, the implementation of the Teen Court(Peer Jury Model). As stated in Section III,the implementation of the Teen Court(Peer Jury Model)is a collaborative effort between the School District,the Greeley Police Department,and the diversion program. Serious discussions regarding the implementation were delayed due to more pressing priorities within the School District and the Greeley Police Department. With those issues having been resolved, discussions are scheduled and on track for the 2007- 2008 school year. (Revised 11/2006) Page 9 VII. LONG-TERM SUSTAINABILITY PLAN (Limit—1 page) The diversion program's Director was funded by the local SB94 Board from July 2005 through July 1, 2006. The Weld County Commissioners provided bridge funding for the position from July 2006 until the DCJ Diversion Grant Award which began October 1, 2006. The Grant Award is currently funding the Director's position, the part-time tracker and interpreter positions through June 2007. The County Commissioners have funded the Case Manager position since January 2006. As the diversion programs continue to expand and prove successful, it is anticipated that funding will be requested from various Weld County agencies including the probation department, the school districts, and local law enforcement. 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 law enforcement,the District Attorney's Office or School District Attorney's,the Courts,the School District,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. (Revised 11/2006) Page 10 VIII. BUDGET/BUDGET NARRATIVE (Limit—4 pages) 1. Personnel: Amount requested is to fund the Director's position, a Tracker/Case Manager position,and a part-time interpreter. The Weld County Commissioners through the District Attorney's Office will continue to fund the current full-time Case Manager's Position. The amount requested for the Director's position includes the annual base salary of$58,388 with $14,761 in benefits, totaling$73,149. Similar positions such as the Director of the Juvenile Assessment Center and the Director of the Weld County Interagency Oversight Group were posted with a starting salary of nearly$75,000 plus benefits. The Case Manager's annual base salary is$38,572 with$11,409 in benefits,totaling$49,981,which will be paid 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 $37,200 plus benefits. The current Case Manager has more experience than a typical starting salaried probation officer. The Tracker/Case Manager position includes an annual base salary of$27,726 with$9,574 in benefits,totaling$37,300. At this time, it is anticipated that 30%of this employee's time will be spent working with the juveniles under delinquency agreements or with the teen court. Starting salary for similar positions such as a probation officer would be$37,200 plus benefits.The current employee is a recent college graduate with limited experience in this field. The salary plus benefits as requested is appropriate. Based on the need for a part-time Spanish language interpreter the grant request includes $5,980 at an hourly rate of $11.50 for 10 hours a week during the grant period. 2. Supplies and Operating: Line items to include office supplies are estimated to cost $2,000. Items to be purchased will include paper supplies such as file folders, paper, and envelopes,business cards,general office supplies(pens,post-it notes, paperclips,binder clips, etc.), and school supplies if necessary for the juveniles participating in the programs. 3. Travel: Training or Conference attendance will depend on the availability and expensed reserved by the Weld County District Attorney's Office. Mileage is estimated at the rate of$.355/mile. Due to the increasing referrals in the Southern part of Weld County, it is anticipated that mileage will be $1,000. 4. Equipment: At this time, it is not anticipated that the diversion programs will require any equipment as defined in the application during this grant period. 5. Contracted Consultant/Professional Services At this time, it is not anticipated that the diversion programs will be contracting specifically with an individual or business to provide direct services to the juvenile or their families in the program,with the exception of the CoKit program required by DCJ in the amount of$300. Cash and/or In-kind Match The Weld County Board of Commissioners will be providing a more than required cash match based on the funding of the Case Manager position. See the attached signed "Certification of Matching Funds"for verification. (Revised 11/2006) Page 11 ) ) ; ) ; co co o \ 0 co ca 2 \ ) \ \ \ co rrC 69 C 61 \ & \ \ i ce 0 \ E —� \ co { \ r co \ \ _ a _ _ _2 _ _ _ _ _ _ _C ro } *\ 0_ / ) 0 \ / \ & . . . x z cri_ § co § C E af } y\ / N- Azr co Lei Lii_a j 0 II II < co ) \ • S0 Co 2 5 -0 - LO- E / / _ _ " - 2 2 ) } } 0 ca z ^ g c z ± + + + re ) z\ ) E > _ _ • ) �tu < / coj _ _N & ) § - \ I_ 0 \ O { I ° k a E § U - z { ; Cl) , NI 7 2 O C C ) ) { g ! ) co co ) Cn§ ( > o = 5 ) ) / w / \ U U U c0 co co p p p O 3 Y 3 Y 3 o mN»c' V C 0 C O S Y Y Y 49 N N l6 co co 69 y a) c o c0 U 0 V U = y N N a) co a) 0 CO 6 J 2 2 2 2 2 2 2ix m E =LL = L o c0 o fn o co co 0 w y V) co u) co co co V 0 0 = a U m co O 0 s F- o F c c c c en c 5 c » 11 V LL V = 0 CoY Ll y N in m co O' O O O' O' O co N N M O) CC r ,e3ES Q Q Q H H H O O 0 0 COO 0 H Cli O O 0 0 V EA EA co 69 69 a a F F- F- F- o 0 I— 0 0 F- J F w Z W U F a ix 5 w f a co W J M 4 > U O w 5 m N ?: w w r. _ co a) U) LL a E J 0 a) 0 w 4 d o. o m O 0 ,e o Z L U N N Q cl d W F A m U. z o CD Cr 0 .yam+ d F .... c E 0 y ! U) E az Z F v A o F Ov O c u o �, F W F" c J F U o a U Z F K C 2 0 F a m o O IX J O o m Z F U I— J co 2 g O N o > c d F Q m m a 5 o o v • F N w U _Y • > 5 ri v ui 0 co co IX. FINANCIAL MANAGEMENT: Please complete the items below. A. Please provide the date of your last independent audit or financial review: Has a copy been previously submitted to DCJ? _X_YES / NO. If YES, to which program? DCJ/Justice Assistance Grant Program Funds Include one copy of your 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.) If the answer is "No" to any questions below, provide an explanation on an inserted page referencing Financial Management, Item C. X Yes No Does the agency accounting system separate ALL revenues and expenditures by funding source? X Yes L No Does the system track revenues and expenditures for each grant award separately through a sub-ledger system? X Yes No Does the system allow expenditures to be classified by the broad budget categories listed in the approved grant budget, i.e. Personnel, Supplies and Operating, Travel, Equipment and Professional Services? X Yes I I No Does the agency reconcile sub-ledgers to its general ledger at least monthly? X Yes I No Does the agency mark its invoices with the grant number? X Yes H No Does the agency maintain time sheets, signed by the employee and supervisor for each employee paid by DCJ grant funds? X Yes [1 No Does the agency have written financial policies and procedures in place? X Yes [ No Does the agency 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 C. No Do you use your accounting system data to prepare your quarterly financial reports for DCJ? X Yes I'' No Do you reconcile your accounting system data with your quarterly financial reports for DCJ? (Revised 11/2006) Page 14 X. TOTAL PROJECT FUNDING: Will this project BE FUNDED using ADDITIONAL FUNDS other than those provided from this grant? X_YES / NO If yes, list the type and amount of other funding that will be provided to this project. Fund Type/Describe Amount Federal State County Government — $49,981 Municipal Government Private Other—specify (Fees-Program Participants) Unknown Amount' TOTAL $49,981+ "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. (Revised 11/2006) Page 15 XI. CERTIFICATION OF APPROPRIATION OF MATCH Certification of Appropriation of Match This form should be completed by all agencies providing cash or in- kind match. If there is more than one source of match, copy this page for all agencies providing match. Certification of Appropriation of Match Date: February 12, 2007 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 X Cash Match in the amount of $ 49.981 and/or ❑ In-kind Match valued at $ to match the State of Colorado funds for the FY07/08 COLORADO JUVENILE DIVERSION PROGRAM for 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, ��a ceak..a C iii 11YI'J v/iaio7 Signature of Person Authorized to tgmit to Match Date Barbara Connolly, C.P.A., Weld County Department of Accounting, Controller Typed Name and Title (Revised 11/2006) Page 16 XII. CERTIFIED ASSURANCES AND SPECIAL PROVISIONS See attached Special Provisions and Certified Assurances document below. (Revised 11/2006) Page 17 • 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 SPCA Page 1 of 7 CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY: I Inter-Governmental Grant LGrant to a Colorado State Agency (Section A does not apply) ✓ I 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 I EGISLATION FOR TYIS 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 August 7,2006 1. CONTROLLER'S APPROVAL.CRS§24-30-202(1) This subgrant award shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as may be designated. 2. FUND AVAILABILITY.CRS§24-30-202(5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. INDEMNIFICATION. FOR NON-INTERGOVERNMENTAL GRANTS ONLY: 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 attomey fees 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. Indemnity: To the extent authorized by law, the Subgrantee Agency shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees 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. c. 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 for the parties, 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 seq. as applicable,as now or hereafter amended. 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 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 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. SUBGRANTEE AGENCY SHALL BE SOLELY RESPONSIBLE FOR THE 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:) Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold 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)owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the 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 of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. 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 United States 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 United States 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. 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 SPCA Page 3 of 7 11. ILLEGAL ALIENS—PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and 24-76.5-101 The Subgrantee Agency certifies that the Subgrantee Agency shall comply with the provisions of CRS 8-17.5-101 et seq. 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 represents,warrants,and agrees that it (i)has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security,and(ii)otherwise will comply with the requirements of CRS 8-17.5-I02(2)(b). The Subgrantee Agency shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. If the Subgrantee Agency fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq.,the State may terminate this subgrant for breach and the Subgrantee Agency shall be liable for actual and consequential damages to the State. A Subgrantee Agency that operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Subgrantee Agency(i) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq,and(iii)shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this subgrant. Except where exempted by federal law and except as provided in CRS 24-76.5-103(3), a Subgrantee Agency that receives federal or state funds under this subgrant must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS 24-76.5-103(4) if such individual applies for public benefits provided under 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 intemal 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. 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 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 SPCA Page 4 of 7 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 financial review by a CPA or licensed public accountant incorporating the subgrant. If the agency expends more than $500,000 per year in combined federal funds,an audit must be conducted in accordance with OMB Circular A-133 (Audits of States, Local Governments, and non-profit organizations). 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. 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-I33 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 9/30/91,the state FY would be July I, 1991-June 30, 1992. The files could be destroyed after 6/30/99);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. 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 SPCA Page 5 of 7 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. Subgrantec Agencies will be notified in advance of any on-site monitoring visit. e. The Subgrantec 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 Subgrantec 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 Subgrantec 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. 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 SPCA Page 6 of 7 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. §1232g),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)(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 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. AUTHORIZED OFFICIAL Name William H. Jerke Position Chair Pro Tern Agency Weld County Board of Commissioners Mailing Address Post Office Box 758 City,State,Zip Greeley, Colorado 80632 Telephone# (970)336-7204 Fax# (970)352-0242 E-mail Address bjerke@co.weld.co.us Sfgnature ,{ Date 011/2007 FINANCIAL OFFICER Name Barbara Connolly Position Controller Agency Weld County Government-Accounting Department Mailing Address Post Office Box 758 City,State,Zip Greeley, Colorado 80632 Telephone# (970)356-4000 Extension 4445 Fax# (970)352-9019 �E,-.mail Address bconnolly@co.weld.co.us iiiiiSignature. , r' iiii" 3 is i i w - ", t PROJECT DIRE OR Name Kimberly Kinne Position Director, Diversion Agency Weld County District Attorney's Office Mailing Address Post Office Box 1167 City,State,Zip Greeley, Colorado 80632 Telephone# (970)356-4010 Extension 4775 Fax# (970)392-4572 E-mail Address kkinne@co.weld.co.us Signature e ,.. 0 e! r pis ',ri a 8t r t &Co/-/0/y Hello