The URL can be used to link to this page

Browse Search

Home My WebLink About20062566.tiff RESOLUTION RE: APPROVE 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 a 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 DistrictAttomey's Office,and the Colorado Division of Criminal Justice,commencing October 1,2006,and ending June 30,2007, with further terms and conditions being as stated in said grant award, and WHEREAS,after review,the Board deems it advisable to approve said 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 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 DistrictAttomey'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 grant award. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 13th day of September, A.D., 2006. k ' S'4) / BOARD 74 OF COUNTY COMMISSIONERS WELD COTY, COLORADO ATTEST: Lid,�D li � M. J. le, Chair Weld County Clerk to th:t . �� U David E. Long, ro-Te m BY: De. Clerk . the Board Willi. Jerke �V�V APPRO S TO F Robert D. Mas orney Glenn Vaad Da a of signature: -5)a(G' 2006-2566 DA0020 CC : DA CI S� 0q O2ri-0� • o COLORADO DIVISION OF CRIMINAL JUSTICE STATEMENT OF GRANT AWARD (SOGA) 1876 JUVENILE DIVERSION PROGRAM L2006 - 2007 State Funds Subprantee Agency Name: District Attorney's Office, 19th Judicial District Project Director: Ms. Kimberly Kinne Project Director Address: PO Box 1167 Greeley, CO 80632 Grant Number: 27-DV-19-05 Project Title: Juvenile Diversion Grant Period: October 1, 2006 to June 30, 2007 Date Issued: August 30, 2006 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 State Juvenile Cash Match In-Kind Match Total Diversion Personnel 70,460.00 24,920.00 0.00 $ 95,380.00 Supplies&Operating 3,000.00 0.00 0.00 $ 3,000.00 Travel 1,000.00 0.00 0.00 $ 1,000.00 *Equipment 0.00 0.00 0.00 $ 0.00 Contracted/Professional Services 300.00 0.00 0.00 $ 300.00 TOTAL AWARD AMOUNT $ 74,760.00 $ 24,920.00 $ 0.00 $ 99,680.00 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 04/06 2006-2566 • 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 04/06 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 Owens , GOVERNOR Legal Name of Subgrantee Agency �J Agency FEIN (or Social Security) #84-6000-813 19 BY 20/01422 BY ACTING DIRECTOR Colorado Division of IGN URE of Authorized Official Criminal Justice M. J. Geile, Chair, Board of County Carol C. Poole Commissioners Print Name & Title of ACTING (RECTOR Print Name & Title of Authorized Official (o /476 Date Signed: Date Signed: 09/13/2006 Provide signature of Cmporate/Board Secretary or equivalent,or Tow /City/County Clerk,to certify that STATE OF COLORADO LEGAL REVIEW: ATTEST BY: person named as Authorized official above has the See Contract Routing Waiver# 169 legal authority to enter into binding legal contracts on behalf of this agency,and is in fact the person who signed where indicated. (or, waived) 101 /O SEP 1 3 2006 John Suthers rs if not , ATTORNEY GENERAL Signa Clerk :to the Board Date Date Signed: I13t er 4 to' the Board Phone L HERE Imo• Ky d 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: �Leslie M. Shenefelt BY DATE I O (I t!0 l a (j Version 04/06 pp Application for Colorado Juvenile Diversion Programs (This page should be completed and submitted as the first page of your application) Grant# ` �V�. Y1 \ ) (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 County Phone: (970)3564010 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: kkinneeco.weld.co.us REQUESTED AMOUNT: Diversion Amount j $ , Cash/In-Kind match $ X979 (This must be at least 25% of Total Cost) Total Cost $ 1. g- (Your Cash Match must equal at least 25% of the Total Cost) PROJECT DURATION DATES: From: October 1, 2006 To: June 30. 2007 (Revised 4/2006) Page 1 d ewe- d56 • SECTIONS I-VIII: I. COMPLIANCE WITH THE JJDP ACT Indicate your status of compliance: _X_All jurisdictions have been certified to be in compliance (per Susan Davis June 6, 2006) _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 4/2006) Page 2 II. APPLICANT AGENCY CAPACITY, COMMUNITY COLLABORATION AND SUPPORT The current Weld County District Attorney's Office Juvenile Diversion Program has been diverting first-time youthful offenders from the juvenile justice system since August 2005. The basic premise of the program is to address the criminal behavior in a timely manner and restoratively to prevent the juveniles from further penetrating the criminal justice system. The belief is that the Deputy District Attorneys, the Court and the Probation Department should have their resources appropriately focused on juveniles at higher risk for continued criminal activity. By creating the diversion program, lower risk kids are being identified and diverted from the formal judicial system to address their needs without exposing them to labeling and the glamorization of criminal behavior. To date, 97% of the juveniles accepted into the program have successfully completed their agreements. The diversion program was offered through the District Attorney's Office, funded by the Weld County Commissioners until June 2003. Once elected in the fall of 2004, Kenneth R. Buck, Weld County District Attorney, began researching the need for and potential funding to again provide diversion as an option to relieve the overwhelmed juvenile delinquency docket for the attorneys and the Magistrate Judge. The local SB94 Board of Directors agreed to fund the Director's position for$65,215 (including benefit expenses)to implement the diversion program beginning July 2005 through June 2006. In the fall of 2005, the Weld County Commissioners agreed to fund a case manager position for the diversion program. Unfortunately, due to changes in the budget guidelines for SB94 funds, continued diversion funding was not possible for this upcoming fiscal year. The Weld County Commissioners have agreed to bridge the funding for the Director of the diversion program through September 31, 2006. The Commissioners agreed to the bridge funding with the clear understanding that if outside funding is not obtained the diversion program will end on September 31, 2006. Currently, cases are being submitted to the District Attomey's Office by local law enforcement agencies, reviewed by the Chief Deputy District Attorney for legal sufficiency for prosecution, and upon verification that this is the juvenile's first filing in District Court, forwarded to the diversion program. Initial case appropriateness depends on the offense (non-violent) and circumstances. Usually this occurs at the pre-filing stage in the process; however, there have been some cases diverted following the initial court appearance. The juvenile may or may not be accepted into the diversion program based on the juvenile's attitude and severity of issues with the juvenile. The juvenile must take responsibility for his/her actions. As stated in the Announcement of Availability of Funds;the diversion services provided through District Attorney's Offices are consistent with the services provided through this program. The services include a review and assessment of cases for acceptance, contract (agreement) development, records maintenance, case management, screening, and referral for treatment and competency-guiding needs, supervision and monitoring for compliance, and collection and reporting of data. Based on the educational and employment history of the current employees of the diversion program, the program is not providing therapeutic services; these services are being referred to Community-based agencies. This is due to the belief that the issues may be addressed while the juvenile is on diversion; however, the need may arise for the juvenile to address the issues again and the community-based agency would be an obvious continued resource given the continuity of care needed. Through years of employment and research supporting the standards for supervision of minimum risk juvenile offenders for the State of Colorado's Probation Departments, the diversion program is being run similarly. The diversion program provides an opportunity for the juvenile to learn from his/her behavior and address issues that may need to be addressed. The program is 90 days in length with the option for an extension depending on,circurhstances. If the juvenile is not accepted into the program or he/she is non-compliant with the agreement, the case is returned to the Chief Deputy District Attorney for the filing of formal charges in juvenile court. (Revised 4/2006) Page 3 • Once accepted into the program, the juveniles are expected to attend school regularly, complete community service at meaningful locations (such as municipal agencies/departments), attend educational classes provided by the diversion program (topics include communication skills, peer pressure, substance abuse, suicide education, interviewing skills, budgeting, etc.), participate in the Restorative Justice Shoplifting Conference being provided in conjunction with Weld County Partners (if the referral offense involves shoplifting behavior), and complete a positive future project focused on each juvenile's current goal or ambition. To date, the diversion program has received 161 referrals from the Chief Deputy District Attorney. Ninety-three cases have been accepted into the program with 36 juveniles currently under supervision, 56 (97%) having successfully completed the agreements, and two (3%) being referred to the Attorney due to allegedly committing a criminal offense while under our supervision,which violated the terms of their agreement. Based on the State's definition of recidivism, the program has not been operating for one full year in order to give an accurate account of recidivism. As stated above, the District Attorney has hired one director and one case manager to run the diversion program. The director has bachelor's degrees in Business Administration (BA) and Human Development and Family Studies with an emphasis in Adolescence (BS)from Colorado State University. She has worked for the State of Colorado and the United States District Court as a probation and parole officer since 1993. The case manager also has a bachelor's degree in Human Development and Family Studies (Emphasis in Youth and Families) from Colorado State University. She has been employed by the State of Colorado as a probation officer and as a counselor/case manager with a residential treatment facility for juvenile substance abusers. Continued education/training for the employees of the diversion program will be an on-going process. Research is continually being done regarding diversion programming throughout Colorado and the country. Specifically, topics regarding gender or cultural issues will require continued training regarding these issues. In addition, training and education involving Restorative Justice are of interest and priority. Weld County is fortunate to have programs such as SB94, the Probation Department, DYC and parole services that have the ability to address issues with juveniles facing serious offenses resulting in pre-trial supervision or that have already entered into the system. The juveniles that will be diverted are not the same as the juveniles receiving services through these programs. There are currently two programs working with potentially the same population as the diversion program: the Juvenile Assessment Center(JAC) and the Multi-Disciplinary Youth Assessment Team (MYAT)through Weld County's Department of Social Services. In January 2006, the JAC opened their doors to serve as a starting point for those juveniles contacted by local law enforcement and for parents with kids they feel are in need of services. The JAC staff, comprising of a Director and two case managers, are conducting initial assessments and referring the juvenile and their parents/legal guardians to various agencies in the community to address their needs. In addition to the JAC staff, therapists from North Range Behavioral Health and Island Grove Regional Treatment Center, and employees with the Department of Social Services are assisting with the initial assessments. The Department of Social Services' MYAT program provides services for non-adjudicated juveniles whose parents/legal guardians specifically contact the Department requesting services. If accepted into the program, on-going participation requires vigilant parents and a willing juvenile. When and/or if the juveniles are adjudicated of an offense, the case is closed or referred to another program within the Department. The Team consists of 10 case managers from various community agencies funded by the Department of Social Services. The agencies include the Health Department, Employment Services, North Range Behavioral Health, Island Grove Regional Treatment Center, a local Faith-based organization, the Probation Department, the Saint Vrain Valley School District, the Greeley/Evans School District, and Centennial BOCES. (Revised 4/2006) Page 4 Based on the juveniles already accepted into the diversion program (93) since August 2005, fewer than five have been assessed through the JAC or MYAT; therefore, the juveniles being seen by the diversion program have not been receiving duplicate services from other agencies. The Diversion Program is actively working with the following local agencies to address resource sharing, coordination of efforts, case management, and avoidance of duplication of services: Due to limited community-based resources in Weld County, the JAC, the MYAT program, and the Probation Department, are all working with the same agencies as the diversion program. Research indicates that placing the juveniles in diversion programs in the same groups with juveniles of higher risk produces a negative outcome for the juveniles in the diversion program. The juveniles tend to share information and glamorize their criminal behavior and the Court system, which diminishes the effectiveness of diversion programming. The diversion program, with Weld County Partners, has been conducting monthly Restorative Justice Shoplifting Conferences since January 2006. The juveniles, their parents/legal guardians, and employees/owners of local retailer businesses participate in the conference. The conference addresses the juvenile's level of responsibility and works toward repairing the harm caused by his/her shoplifting behavior. Retailers are given the opportunity to address the juveniles and explain how their behavior has had an impact on them personally and as a business. The outcomes have been favorable from the juveniles, their parents/guardians, and the retailers. The diversion program has specifically worked with the local School Districts supporting their policies and procedures regarding attendance and discipline. As outlined in the next section, the diversion program is specifically working with Greeley/Evans School District 6 on two projects, Truancy Diversion and Teen Court. The Diversion Program is working with the following local agencies to develop partnerships with them to provide for services for the juveniles within the program: The program has referred juveniles to Employment Services, various substance abuse and mental health treatment programs throughout the County. The program has worked with Suicide Education and Support Services of Weld County to conduct presentations to the juveniles with in the program. The program has also worked with and provided the juveniles the opportunity to complete community service through the Poudre River Trail Authority, Greeley City Govemment including the Recreation and Police Departments, Evans City Government including the Recreation and Police Departments, and the Boys and Girls Clubs of Weld County. A representative from the Diversion Program and/or the District Attorney's Office has been and will continue to attend all local coordinating/planning groups that extend invitations. Examples of current meetings attended include: Youth Net Meetings hosted by the Youth Enrichment Office within the City of Greeley's Recreation Department, the National League of Cities Teleconferences hosted by one of the City of Greeley's City Council Members, the SB94 Committee Meetings, the JAC Committee Meetings, etc. See letters of support attached below this section. (Revised 4/2006) Page 5 • .Ov.coto „ WELD COUNTY COMBINED COURTS * * Nineteenth Judicial District: Serving Weld County * * 901 Ninth Avenue *1876 " Post Office Box 2038 Roger A. Klein Greeley, Colorado 80632 Mary M. Bohlender Chief Judge (970) 351-7300 District Administrator Fax: (970) 356-4356 Rebecca A.Koppes Conway District Court Magistrate June 20,2006 Dept.of Public Safety Division of Criminal Justice Office of Adult and Juvenile Justice Assistance. 700 Kipling Street, Suite 1000 Denver 80215 RE: Grant application for Weld County Juvenile Diversion program Dear Members: It is with great confidence that I write this letter in support of funding for the juvenile diversion program created by the Weld County District Attorney Office. I believe firmly in evidence based practices. During this last year,it has been my pleasure to witness the program created by the Weld County District Attorney office. A previous program had been in existence and ceased because of funding priorities. When this program was being established,a program director was hired with experience in juvenile diversion. Satisfactory evidence exists to me that establishes this program should continue and be funded at a level that allows expansion. The strongest qualities of the program lie in the stringent criteria attached to its acceptance of a juvenile and family. The clear expectations outlined establish that there will be acknowledgement of the offense,treatment of the cause(s)for the offense and punishment for the offender. This allows a prompt,community based resolution to the relatively minor offenses that satisfies the need for rehabilitation and punishment of the offender. As we are working with juveniles,this timeliness related to the offense makes the program invaluable. The realities also face the system of being able to spend more time working with the more serious offender in a more formal setting. Faced with having to handle an additional 100 cases or greater through the system means just that much less time to devote to those juveniles who merit greater attention and response including longer supervision by the court through the probation department. Thus,I commend this program and the request for funding to you.If you have questions, please call me at(970)351-7300 ext 5425. Sincerely, Rebecca�es Co PP Office Hours:8:00 AM-Noon and 1:00 PM to 4:00 PM Monday through Friday Closed Holidays • Greeley-Evans School District 6 John Gates • Director of School Safety& Security • 1025 9°Avenue • Greeley,Colorado 80631 970-348-7777 • Fax:970-348-6231 • jgates@greeleyschools.org June 22, 2006 Division of Criminal Justice As the Director of School Safety and Security for Greeley-Evans School District 6, I have been working closely with the Juvenile Diversion Program within the Weld County District Attorney's Office since August 2005. Kim Kinne and I have been working together on a Truancy Diversion Program to address the growing truancy problem within our District. We are collaborating on the implementation of a Teen Court to address diversion referrals and discipline issues within our schools. Since the juvenile's in the diversion program are attending our schools, it makes sense to work together to address issues with the children and their families together. The goals of our programs are similar in that we want to see these juveniles graduate and be successful in their futures. The diversion program has been instrumental in supporting our School District by assisting our students in making better choices to keep them from entering the juvenile justice system. I strongly encourage you to consider funding the juvenile diversion program to enable the program to continue to operate within our community. Sincerely, John Gates Director of School Safety and Security Greeley-Evans School District 6 Visit us on the web at www.greeleyschools.org or www.evansschools.org. • • WELD COUNTY • partners MENTORING YOUTH June 22,2006 To Whom It May Concern I am writing this letter in support of the Juvenile Diversion Program in Weld County. Weld County Partners has been providing Restorative Justice Conferencing services to victims and their juvenile offenders in Weld County since 1995,when a coalition of community leaders recognized the need for alternatives to formal juvenile involvement in the justice system. Since January of 2006, Partners has actively collaborated with the Juvenile Diversion Program of the District Attorney's Office,to provide monthly Shoplifting Conferences for youth referred by the Juvenile Diversion Program. Utilization of existing programs within the community avoids duplication of services, provides leverage for limited financial resources, and allows for greater opportunity for youth to receive needed prevention programming related to the reduction of criminal behavior. Allowing juveniles to conference with their victim's leads to a greater sense of victim empathy on the part of the offender. Historical data collected by Partners shows that youth who participate in the Partners Conferencing Program are far less likely to re- offend. Our most recent statistics, collected one year after participation in a conference, show a recidivism rate of 11% for youth served by the Partners Conferencing Program in the last half of 2004. According to informal data from the 19`h Judicial District Probation Office, the norm for recidivism in Weld County is closer to 35%. Partners will continue to offer Conferencing services to the youth of Weld County for as long as funding is available, and looks forward to continuing our working relationship with the Juvenile Diversion Program in Weld County. Since , co, Pt-\-N;cr Ve/i f Patricia J. Kelly Executive Director Volunteers Helping Youth Help Themselves 1212 8th St. Greeley, CO 80631 (970) 351-0700 Fax (970) 351-0562 partners@weldpartners.org www.weldpartners.org '4\ • ,` 7 DEPARTMENT OF PROBATION SERVICES Nineteenth Judicial District Serving Weld County ♦ X Kevin Nelan, Chief Probation Officer 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] June 18, 2006 I am writing this letter on behalf of the Weld County District Attorney's office Diversion program. I am a huge supporter of this program and because I have been an employee of the Colorado Judicial Department over the last sixteen plus years I understand how critical the existence of this program is. 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 diverts 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. Another benefit of these individuals not being placed on probation is the interaction that they avoid with the more delinquent youth. As we know juveniles can be very susceptible to peer pressure and when you are in a group of delinquents the influence is not always positive. Diversion places these juveniles in groups and programs with juveniles exhibiting similar behaviors and often can get a more positive response due to this. 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 will wholeheartedly support the future of this program in any way that I can. Sincerely, Kevin A. Nelan Chief Probation Officer ‘ e I a-. �' POLICE DEPARTMENT City of PUBLIC SAFETY BUILDING,919 7TH STREET,SUITE E, GREELEY,COLORADO 80631 •(970) 350-9605 Greeley June 15, 2006 TO: Colorado Division of Criminal Justice Please accept this correspondence as evidence of our unqualified support for the Juvenile Diversion Program operated by the Weld County District Attorney's Office. We are equally supportive of requests for grant funding made in the cause of juvenile diversion in Weld County. Our County has suffered from an epidemic of juvenile crime in recent years. The collaborative programs offered via our local juvenile diversion has certainly helped deal effectively with this problem. Diversion's involvement in placing youth in constructive community service has also proven successful. In summary, our County's Juvenile Diversion Program is an effective one. I believe it could be even more so with additional resources. Please don't hesitate to contact me if I might provide additional information on a program I believe in. ) uy #0.4.",-(..../ Jel'ry Garner Chief of Police SERVING OUR COMMUNITY • I T ' S A TRADITION 7de promise to preserve and improve lEe yual•y oflfefor 9reeley llirou9E limey,courteous andcosi effective service. ---1 ct-- �` ----„ Weld County Juvenile Assessment Center "' ► A 913 11"' Avenue Greeley CO 80631 970-302-4989 Fax 970-475-0352 June 16, 2006 To Whom It May Concern: As Executive Director of the Weld County Juvenile Assessment Center, I am happy to write this letter in support of the Diversion Program in the Weld County District Attorney's Office. The Juvenile Assessment Center was set up to provide a coordinated, multi-agency, single-entry site that contributes to the safety of youth, families, and the community through prevention, intervention, comprehensive assessment of youth and their families, and improved access to services. Our goals are to identify youth with a variety of needs, maximize community partnerships and collaborative efforts designed to serve youth, enhance public safety and well-being, and serve as a resource for the community regarding youth-related issues and concerns. In working with these young people, I have seen that many juveniles who are arrested are first-time offenders who do not need to enter the full system. Kids and families who are in need of help are able to get assistance without being put in detention. They are able to learn from their mistakes with lesser consequences like community service and restorative justice. They are then able to move on with lives without a criminal record. This also frees up the district attorney's office and the court system so they can focus on the cases that truly need to be there. A diversion program gives youth a second chance and helps get them moving in the right direction. Sincerely, 4-4-^"--"k Molly B d Executive Director Weld County Juvenile Assessment Center III. ANALYSIS OF JUVENILE JUSTICE SYSTEM NEEDS Based on enrollment within the 13 public schools in Weld County, there were 34,032 children enrolled as of Fall 2004. In FY2005, the Weld County District Attorney's Office filed 1,181 juvenile cases in District Court or 3% of the children enrolled in the public schools. Based on this number, Weld County had the fifth highest number of juvenile delinquency filings in the State of Colorado behind the 18a' (Arapahoe/Douglas/Elbert/Lincoln Counties), 4'h(El Paso/Teller Counties), 2n°(Denver Juvenile), and 15` (Jefferson/Gilpin) Judicial Districts. In addition to the delinquency issues, the largest school district in Weld County is Greeley/Evans School District 6 (SD6). The fall of 2004 school district records indicate that the number of children enrolled in SD6 were 18,475. During this school year, SD6 suspended 5,013 students and expelled 157. During the same school year, there were over 1200 referrals to the truancy liaisons within SD6, indicating that the students were under the age of 16 and unexcused from school over 4 days within the month or 10 days within the school year. In total, 162 juvenile petitions were filed with the Court alleging that the students were habitually truant. Of these cases, the majority was from SD6. This number of filings ranked Weld County sixth in the State behind the 2nd (Denver Juvenile), 1s` (Jefferson/Gilpin Counties), 10"' (Pueblo), 4th (El Paso/Teller Counties), and the 17"' (Adams/Broomfield Counties) Judicial Districts. The demographical breakdown of the juvenile population to be served with diversion programming include juvenile's ages 10-17, male and female from all ethnic backgrounds. So far,the diversion program has been relatively equal between sex and ethnicity. This would be consistent with the school district's demographic data including all grades K-12: Hispanic females(6992), Hispanic males(7284),White-Non-Hispanic females (8984),White-Non-Hispanic males(9913),Other Ethnicities females(422),and Other Ethnicities males(437). Research suggests that truant students are dealing with numerous issues in their lives,the majority of which is delinquency. Colorado's Three Year Plan and Formula Grant Program Application for 2006-2008 submitted by JJDPC and the OAJJA/DPS/DCJ points out the correlation between truancy and delinquency. The need to work with these families and possibly prevent criminal activity has prompted the District Attorney's Office Juvenile Diversion Program to work in collaboration with SD6 on a Truancy Diversion Program. This program would divert the students facing a truancy petition from Court similarly to the standard delinquency diversion program. Remarkably, the truant youth could easily become the delinquency youth seen in the diversion program. By diverting them from truancy court they will be diverted from delinquency court as well. In addition, the program is currently discussing 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 and issues within the schools that are deemed appropriate. Given the number of suspensions and expulsions by SD 6 administrators during the 2004-2005 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 (14%), Arapahoe County (10%), El Paso and Jefferson Counties(8%). 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 6% 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 8,000 than Weld County with the same percentage of their students with discipline issues (11%). (Revised 4/2006) Page 6 • 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 teenager's behavior;therefore, a peer jury hearing and issuing sanctions to a fellow student will have a stronger impact on the student than the 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 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 truancy and 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. In addition to the above programming mentioned earlier, the diversion program is working with Weld County Partners on Restorative Justice Shoplifting Conferencinq. Since January 2006,there have been 23 juveniles accepted into diversion based on shoplifting offenses. The restorative justice conference for this group of juveniles has been well received by the juveniles, their parents,and the participating retailers. We are looking forward to continuing this project to evaluate the effectiveness. (Revised 4/2006) Page 7 IV. PROBLEM STATEMENT, LOGIC, AND TARGET POPULATION A. Reduce the number of Juvenile Delinquency filings/cases by diverting 150 juveniles from the traditional juvenile justice system during FY2006. Goal: The diversion program will successfully divert 150 juveniles from the traditional juvenile justice system during FY2006. Objective: Reduce the docket for the District Attorney's Office, the Court, and the Probation Department. By reducing the number of low-risk juvenile cases from the juvenile justice system, it allows their focus to remain on the higher-risk juvenile offenders posing a greater risk to the community. Activities: The diversion program will be providing an assessment of the juvenile and the parents/guardians needs, referring them to community agencies as needed, and providing an in- house educational component to the standard agreement requirements such as community service, restitution, and school participation. By providing this alternative to the traditional court system and the level of responsibility on the juvenile's behalf, the cases will be successfully diverted from other agencies resulting in a reduced docket/caseload because the cases will have avoided the filing process. Process Measures/Outputs: All participants voluntarily participate in the diversion program. Statistical data is being logged in an Excel spreadsheet. Intended Outcomes: The intended outcome by the diversion program increasing their caseload will be a reduced caseload for the other agencies, which will in turn allow them to focus on the higher-risk juvenile offenders. Outcome Measure: The basic number of juveniles accepted into the diversion program will decrease the number of cases filed with the court system and/or supervised by the probation department. Juveniles will complete 3750 hours of community service. Goals: Through the diversion agreements, the juveniles accepted in to the program will complete 3750 hours of community service. Objectives: The juveniles accepted into the diversion program will on average complete 25 hours of community service. Community service will benefit the juveniles by beginning to repair the harm caused by their behavior on their community. Community service hours will benefit the agency or organization by the completion of projects or assistance with activities that will be a cost savings by not having the payroll expenditures. Activities: The diversion program will continue to work with local government agencies, school districts, and non-profit agencies to assist the juveniles with the completion of their community service hours. This may require the Director or Case Manager's supervision/participation during the arranged activity. Process Measures/Outputs: The juveniles accepted into the program are given a Community Service Log at the time the agreement is signed. Upon completion of the community service hours, the log is submitted to the assigned case manager. Verification, if necessary, will be done at this time. (Revised 4/2006) Page 8 Intended Outcomes: Again, community service has a direct impact on the juveniles by beginning to repair the harm caused to the community by their behavior. By volunteering their time, the juveniles learn that their actions had an impact on someone else, whether intentional or not. The agencies or organizations will benefit based on the payroll savings. Outcome Measure: The completed community service hours will be logged in the Excel spreadsheet. The dollar amount saved by the agencies or organizations will be calculated by multiplying the number of hours completed by the federally approved minimum wage ($5.15/hour) Incorporate Restorative Justice Practices within the Diversion Program. Policies and procedures established to begin training for Teen Court by the second semester with a pilot high school in SD6. Goals: Establish policies and procedures to begin preparing implementation of Teen Court (Peer Jury-Magistrate Model) in conjunction with the Greeley Police Department and Greeley/Evans School District 6 at a pilot high school by the second semester of the 2006-2007 school year. Objectives: Cases referred for diversion that the victim has been identified as a fellow student or the school will be presented to Teen Court for the establishment of agreement requirements. Discipline issues with the school will also be referred for and presented to Teen Court for resolution. Basic restorative justice practices involve the juveniles repairing the harm caused to the community; in this case, the school community will be involved in the resolution. By including the school community, there will be a decrease in discipline issues at the school. Activities: The Police Department's School Resource Officer and the designated School Administrator will refer cases to the Director of diversion. These cases, along with the traditional diversion referrals will be prepared for presentation to the Teen Court. A cross section of students will be trained according to policies and procedures. Diversion agreements and School agreements will be decided and implemented by the jury panels. Case management will be the diversion programs responsibility. Process Measures/Outputs: Demographic and case specific data will be documented accordingly within the Excel spreadsheet. On-going training and input from involved students,juveniles within the diversion program, the School District, and parents/legal guardians will be solicited and considered for continued improvement to the Teen Court and the process. Intended Outcomes: The Greeley/Evans School District's discipline rate for the 2004-2005 school year was 13%, Teen Court will educate the students about how their behavior has affected others and their peers will be holding them accountable for repairing the harm, thereby decreasing the discipline issues within the pilot high school. It is unclear if this impact will be determined by the end of the grant period given that Court will not be held until the beginning of the second semester(January 2007) Outcome Measure: In collaboration with SD6, discipline records from the pilot school will be compared between the first and second semesters of the 2006-2007 school year to confirm a decrease in the number of discipline referrals. (Revised 4/2006) Page 9 • Reduce Truancy Court filings by providing diversion programming to students identified by the School District as being habitually truant. Goals: Weld County had the sixth highest number of truancy court filings in the State for FY2004. By implementing a truancy diversion program, the students will be diverted from the court in an attempt to address the issues causing the truant behavior and support their return to the school. Objectives: The truancy diversion program will be working in conjunction with the Juvenile Court and the School Districts for the 2006-2007 school year to reduce the number of cases filed with the court. The School Districts, the students, and the court system will benefit from the diversion program. Activities: The diversion case managers will be meeting with the students and their parents/legal guardians to identify the causes of the juvenile's truant behavior. Appropriate sanctions and referrals will be made to community agencies to keep the student from the formal court process and reengaging the student with their school. The consequence for the student and their parents for the failure to comply with the agreement will be a petition filed with the Juvenile Court. Case management will be done as if the student was a delinquency diversion referral. Process Measures/Outputs: All participants voluntarily participate in the diversion program. Statistical data will be logged in an Excel spreadsheet. Intended Outcomes: There were 162 cases filed with the court in FY2004, data from FY2005 have not yet been released. In theory, all of the habitually truant students will be referred to the diversion program prior to a court referral. Since the program will require voluntary participation, the program could potentially supervise all of the cases prior to Court with less than half of these students continuing with a referral to the Magistrate. Outcome Measure: Based on data documented within the Excel spreadsheets and referrals from the School Districts, the diversion program will know the number of referrals that would have been made to the Court without the diversion program and the number of students that were referred to the Magistrate. The numbers will reflect a decrease in the number of filings. (Revised 4/2006) Page 10 B. The Weld County School Districts in total are divided between the White/Non-Hispanic(18,897)and Hispanic (14,276) races equally. Although, other races participating in diversion are represented, the number of juveniles in the future from different races will be limited and difficult to place a quantitative number. There are only 326 African American, 312 Asian/Pacific Islander,and 221 American Indians attending Public Schools K- 12 in Weld County. As for the division based on sex, again, Weld County School District data indicates that there are 16,398 females versus 17,634 males enrolled in the public schools. As the diversion program expands, if gender specific programming becomes an issue, training will be sought and programs will be developed. Since August 2005,47 females and 50 males have been accepted into the diversion program. The races of these juveniles are 38 Hispanic, 51 White, 1 American Indian, 1 African American, and 6 Bi-Racial. To date, the District Attorney's Office has provided Spanish language translators as necessary. This service has been used for the parents of the juveniles being considered for the program. We will continue to utilize language interpreters as needed. White Hispanic/ African Native Asian/Pacific Multiracial/ Other Totals Latino American American Islander Multiethnic Males 38 38 76* Females 37 37 74* (Revised 4/2006) Page 11 • V. EVALUATION PLAN Statistical data is categorized and recorded as cases are accepted and terminated within the diversion program. At this time, due to the infancy of the program, recidivism has not yet been calculated. To date, 97%of the juveniles taken into the diversion program have completed the agreement activities. By the end of 2006, recidivism data should be available. We will be looking at all of the juveniles who completed the program within the previous year to verify whether they have been charged with a new law violation. We will be checking again two years after the juveniles have completed the program to verify the same data. We will not only be checking for a new offense, but if there was a new offense,what type of offense,was it a similar offense to the referring offense, was it a crime of violence, etc. Upon successful completion,evaluations are being mailed to the juveniles and their parents/legal 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. (Revised 4/2006) Page 12 • VI. LONG-TERM SUSTAINABILITY PLAN Once the diversion program has proven to be successful, it is anticipated that funding will be requested from various Weld County agencies including the probation department, the school districts, and the HB 01-1451 Committee. The Weld County Commissioners have graciously funded the case manager position. Continued program success will be encouraging to any of the current or future funding sources. (Revised 4/2006) Page 13 • VII. BUDGET/BUDGET NARRATIVE 1. Personnel: Amount requested is to fund the Director's position and two part-time contract employees. The Weld County Board of Commissioners via the District Attorney's Office will continue to fund the current case manager's position. The local SB94 Board from July 2005 through June 2006 funded the Director's position. The amount currently allocated for the Director's position is$65,215.00 annually,which includes the standard Weld County benefits provided. The Weld County Board of Commissioners approved to bridge the funding from July 1, 2006, until this grant award has been decided. The base salary for the Director is $54,751 with $14,050 in benefits, totaling $68,801 annually with the portion covered by the grant being $51,600. The Case Manager's base salary would be$48,402 for the year and the amount for the grant period would be $35,979, which will be paid by the Weld County Commissioners as the in-kind match for the diversion program. The two part-time positions would include a certified Spanish language interpreter and an entry-level tracker. The interpreter would provide translation services for appointments,activities,and paperwork at an hourly rate of$11.50. The entry-level trackerWould provide attendance support for the diversion participants. Neither of these positions would receive benefits. Both positions would only be brought into the program if the grant is awarded and will expire with the funding. The total amount calculated for the part-time positions will total $9,430 each during the grant period. 2. Supplies and Operating: Line items to include office supplies are estimated to cost$3,000. Items to be purchased will be a desk chair for the case manager,two locking file cabinets,file folders, paper, general office supplies(pens, post-it notes, paperclips, binder clips, etc.) 3. Travel: Training or Conference attendance will depend on availability and expenses reserved by the Weld County District Attomey's Office. Mileage is estimated at the rate of.355/mile. It is estimated that mileage expenses for the grant period will be $1000. 4. Equipment: The diversion program's equipment has been provided by the Weld County District Attorney's Office. There are no additional budget requests for this item. 5. Contracted Consultant/Professional Services At this time,it is not anticipated that the diversion will be contracting specifically with an individual or business to provide direct services to the juveniles or their families in the program. Cash Match The Weld County Board of Commissioners will be providing a more than required cash match based on the funding of the second case manager position. (Revised 4/2006) Page 14 • BUDGET FORM PROJECT TITLE: Weld County District Attorneys Office: Juvenile Diversion Program ROUND ALL AMOUNTS TO THE NEAREST WHOLE DOLLAR (1) (2) (3) (4) TOTAL Source 1.PERSONNEL Annual Full-time Annual Fringe Sub-Total %of time for State$ Match Salary Benefit Cost This Project Director $54,751 + $14,050 = $68,801 X 100% $51,600 $51,600 Case Manager $38,518 + $9,884 = $48,402 X 100% $36I 7D bin Part-time Interpreter($11.50/hour) $9,430 + $0 = $9,430 X 100% $9,430 "�N ' $9,430 Part-time Tracker ($11.50/hour) $9,430 + $0 = $9,430 X 100%$9,430 $9,430 = X % $ x x .; ' x s" vf'x' c' -W , n '. ., ' �"£,4` $466435 $70,460 $9 - 1"a34� .. '. �rx,�,..lc �':-Z' � �`& �Jr.j9° ate/990 TOTAL Source 2.SUPPLIES AND OPERATING State$ Match Office chair and 2 locking file cabinets t$2,000 $2,000 Miscellaneous office supplies: file folders,paper,pens,post-it notes,paperclips,binder clips,etc. $1,000 $1,000 $ saw, trl $3.000 $3,000 TOTAL Source 3.TRAVEL(Designate specifically in-state and out-of-state travel.) State$ Match Mileage(in-state) Weld County Government rate.355/mile $1,000 $1,000 $ �„ k r .. ✓ .h3 f,):+ i'A `.i0 %?xt4j.Y ,gx:5..e .ar �a� �%, .: $1.000 $1.000 TOTAL Source 4. EQUIPMENT State$ Match_ NA $ $ $ 5. CONTRACTED CONSULTANT AND PROFESSIONAL SERVICES TOTAL Source Attach a copy of each contract with a detailed budget. State$ Match ©miurin4AtLie.. -d ueDiolD r"ilecDr - St-Sheet, $ 300 3o $ $ / „ c i u`. try 3 e*}S t o v r:*^a r ..a. .r..'-. xithil,"'rif,' a+, > r wA0:0,`r psco v'x."`2 i gi �;*.Nive i t4, ,-, $ �'Lb rJ 6. TOTAL OF ALL PROJECT COSTS TOTAL Source (1 through 5) State$ %of Total Match$ %of Total azitae' 67% {.r 079- orrifg ° (Revised 4/2006) Page 15 VIII. FINANCIAL MANAGEMENT A. Please provide the date of your last independent audit or financial review: 6.30.05 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$500,000 from combined federal sources in a year? _X_YES /_NO If YES, attach a copy of the A-133 audit, including audit resolutions and/or corrective action plan. C.Please respond to the following questions about whether your accounting system meets the criteria for managing federal grant funds. (These questions cover areas that will be monitored by DCJ staff during site visits or through other reporting mechanisms. They are not intended to be all inclusive and do not substitute for the agency's responsibility to meet all federal and state requirements for these grant funds.) X Yes El No Does the agency accounting system separate ALL revenues and expenditures by funding source? X Yes ❑ No Does the system track revenues and expenditures for each grant award separately through a sub-ledger system? X Yes O No Does the system allow expenditures to be classified by the broad budget categories listed in the approved grant budget, i.e. Personnel, Supplies and Operating, Travel, Equipment and Professional Services? X Yes ❑ No Does the agency reconcile sub-ledgers to its general ledger at least monthly? X Yes El No Does the agency mark its invoices with the grant number? X Yes ❑ No Does the agency maintain time sheets, signed by the employee and supervisor for each employee paid by DCJ grant funds? X Yes ❑ No Does the agency have written financial policies and procedures in place? X Yes 0 No Does the agency have accounting internal controls in place, such as separation of duties, two signatures on certain checks, reconciliations or other reviews? (Revised 3/2006) Page 16 • IX. CERTIFICATION OF APPROPRIATION OF MATCH Date: June 26, 2006 Colorado Division of Criminal Justice Office of Adult and Juvenile Justice Assistance 700 Kipling Street Denver, Colorado 80215 To Whom It May Concern: Please be advised that The Weld County Board of Commissioners has committed support in the form of cash match in the amount of$ 35.979 to match the State of Colorado funds for the FY06/07 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. Sincere 1 Signature of Person Authorized to Commit to Match Date Donald Warden, Director of Finance and Administration Typed Name and Title (Revised 3/2006) Page 17 • X. CERTIFIED ASSURANCES AND SPECIAL PROVISIONS See attached Special Provisions and Certified Assurances document below. • (Revised 3/2006) Page 18 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: ✓ Inter-Governmental Grant Grant to a Colorado State Agency (Section A does not apply) j ✓ Grant to a Unit of Locat 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 August 1,2005 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 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. 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 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; (h) 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 S!Ubgrant 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 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 I-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 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 • 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 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 Agencys 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-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 9/30/91,the state FY would be July 1, 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. 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, subcontract,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 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 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 Agency,shall constitute non-compliance,which may result in termination for cause,or reduction of the Grant Award for cause,as follows: a. Reduction In Grant Award Amount for Cause i. The Division may reduce the total Statement of Grant Award amount for cause, without compensation for reduction costs. ii. If the state reduces the grant amount for cause, it will first give ten(10)days written notice to the Subgrantee Agency,stating the reasons for reduction,steps taken to correct the problems, and the date the subgrant award amount will be reduced in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of reduction. iv. In the event this grant is reduced for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. b. Termination for Convenience: i. Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. ii. If the grant is terminated for convenience by either the Subgrantee Agency or the state,the Subgrantee Agency shall be paid the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount based on the number of days of project operation prior to the date of termination. c. Termination for Cause: i. The Division may terminate the grant for cause without compensation for termination costs. ii. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee Agency,stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be terminated in the event problems have not been corrected to the satisfaction of the Division. Hi. 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. 1. Right if Privacy for Recipients of Service and Sharing of information. The prospective Subgrantee Agency certifies, by submission of this proposal,that: a. Pursuant to Section 223(a)(18)of the Juvenile Justice and Delinquency Prevention Act,procedures have been established to ensure that this program will not disclose program records containing the identity of individual juveniles. Exceptions to this requirement are authorization by law;consent of either the juvenile or his/her legal 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 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)(12)(A);Separation of Juveniles from Incarcerated Adults,Section 223(a)(13);Removal of Juveniles from Adult Jails and Lockups,Section 223(a)(14);Disproportionate Minority Confinement,Section(a)(23). 3. If the applicant is a state government agency,the submission of this application certifies the applicant agency has obtained through the state budget process the spending authority and FTE approval,if FTE is requested,required to accept these state grant dollars. In addition,state agencies applying for these grant funds must enclose in the appendix a letter or memorandum from the appropriate fiscal officer verifying the applicant's ability to accept these state funds. If unable to comply with this condition,please contact DCJ prior to the submission of the application. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application 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 Sub tee 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 Kenneth R. Buck Position Weld County District Attorney Agency Weld County District Attorney's Office Mailing Address Post Office Box 1167 City,State,Zip Greeley, Colorado, 80632 Telephone# (970)356-4010 x4750 Fax# (970)352-8023 E-mail Address kbuck@co.weld.co.us Ais*da`�' f ' .xs'M 3�'"f 'SA'; FINANCIAL OFFICER Name Donald Warden Position Director of Finance and Administration Agency Weld County Government Mailing Address Post Office Box 758 city,state,zip Greeley, Colorado, 80632 Telephone# (970)356-4000 x4217 Fax# (970)3 2-0242 E-mail Address dwar jn@coyw- d.eo.us 'f-" t i s f -.a writ a: 6 ' P :.+s a^'i„ t'^` .„ �xF' .. e"Via. "'� Fs I ..;t e,!. � a r�-d::pr; i , PROJECT DIRECTOR Name Kimberly Kinne Position Director, Juvenile Diversion Agency Weld County District Attorney's Office Mailing Address Post Office Box 1167 City,State,Zip Greeley, Colorado, 80632 Telephone# (970)356-4010 x4775 Fax# (970)392-4572 I E-mail Address kkinnernco.weld.co.us '' rs r.a ay�a�. c a xx,:r� msm'n�tn, eye ier s},' #'r:a.,s„ 's w s , .+ 9a.+2".m 1 a.r,.a.- zv •" -"i,:. . . Hello