Loading...
HomeMy WebLinkAbout20030882.tiff RESOLUTION RE: APPROVE VICTIMS OF CRIME ACT (VOCA) GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF PUBLIC SAFETY 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 Victims of Crime Act (VOCA) Grant Application between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney's Office, 19th Judicial District, and Colorado Department of Public Safety, Division of Criminal Justice, Office for Victims Programs, commencing January 1, 2004, and ending December 31, 2005, with further terms and conditions being as stated in said application, and WHEREAS, after review, the Board deems it advisable to approve said 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 Victims of Crime Act (VOCA) Grant Application between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney's Office, 19th Judicial District, and Colorado Department of Public Safety, Division of Criminal Justice, Office for Victims Programs, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of April, A.D., 2003. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO ATTEST: jJ Id/s e'u•�1 C Q �NJ vi E. Long, Ch Weld County Clerk to th t ol c „� i �q'rt;. Robert D. a den, Pro-Tem BY: �./ . • S. Deputy Clerk to the B '1(f ° F .. I M. J. eile APP AS 621---r7 W11...--,/"�iv� William . Jere ? unty A orris taltA3 Glenn Vaad C Date of signature: Y/9 2003-0882 do 1 04 DA0018 Colorado Department of Public Safety Division of Criminal Justice (DCJ) Office for Victims Programs 700 Kipling Street, Suite 1000 Denver, CO 80215 VICTIMS OF CRIME ACT (VOCA) Grant Period (January 1, 2004 - December 31, 2005) S.T.O.P. VIOLENCE AGAINST WOMEN ACT (VAWA) Grant Period (April 1, 2003 —March 31, 2004) Applications will be accepted in the Fall,2003 VAWA is not currently accepting applications STATE VALE PROGRAM Grant Period (July 1, 2004—June 30, 2005) Applications will be accepted in the Fall,2003 State VALE is not currently accepting applications SEXUAL ASSAULT PREVENTION FUNDS (SAPF) Grant Period (May 1, 2003 -April 30, 2004) Applications will be accepted in the Fall,2003 SAPF is not currently accepting applications VOCA GRANT APPLICATION Applications are due at DCJ by 3:00 P.M. on April 8, 2003 Late applications will NOT be accepted. FOR INFORMATION AND QUESTIONS, PLEASE CONTACT: VAWA Betsy Anderson (303)239-5703 betsy.andersonna,cdps.state.co.us State VALE Rebecca Oakes (303)239-5714 rebecca.oakesna,cdps.state.co.us Sexual Assault Betsy Anderson (303)239-5703 betsy.anderson@cdps.state.co.us Prevention Funds VOCA Robert Gallup (303)239-4529 rbert.gallup(a,,cdps.state.co.us Anthony Tilger (303)239-4440 anthonv.tilgeI(7a,cdos.state.co.us Laura Baker (303)239-4454 laura.baker(cilcdps.state.co.us Toll free outside Denver/1Vletro area 1-888-282-1080 http://dcj.state.co.us/ovp/ Please read the Announcement of Funds and Instructions before completing this document. 2003-0882 APPLICATION CHECKLIST A complete application includes all of the following items. Please use this form to double check that you have provided a complete application to DCJ. Send 4 copies of the application, at least two of which have original signatures in BLUE ink. SECTION A: Agency Information (Questions 1,2,3,4) SECTION B: Project Narrative(Questions 5,6,7) 5. Brief Project Title 6. Brief Project Summary 7. Project Description E SECTION C: Goals and Objectives(Question 8) 8. Goals and Objectives SECTION D: Budget Information(Questions 9,10,11,12,13,14)) 9. Budget Request 10. Matching Funds Budget,if required II. Grant Budget Summary 12. Budget Detail and Justification 13. Total Agency Victim Services Funding 14. Current and Future Funding n SECTION E: Continuation Applicants Progress Report(Question 15) i 15. Summary of Progress SECTION F: Coordination,Support and Networking(Questions 16,17,18,19) 16. Community Support,Coordination and Networking 17. Cultural Competency Plan(Not applicable for 2003 Applicants) 18. Victims Rights Act 19. Victims Compensation SECTION G: Evaluation(Question 20) 20. Evaluation SECTION H: Financial Management(Question 21)n 21. Financial Management SECTION I: Fund-specific Information—VOCA Only(Question 22) 22. VOCA Grants—Federal Reporting Information SECTION J: Supplemental Pages for New Applicants Only(Questions 23,24) 23. Agency Description and History 24. Workplan Eri SECTION K: Certifications and Signatures(Questions 25,26,27) 25. Special Provisions and Certified Assurances 26. Signature Page(Blue Ink) 27. Certification of Match SECTION L: Appendices(Questions 28,29,30,31,32,33,34,35,36,38)) 28. Letters of Support 29. Letter of Coordination with Victim Compensation(VOCA only)(N/A-2003) 30. Victims Rights Act brochure, if available 31. Organizational Chart 32. Job Descriptions 33. Volunteer Job Descriptions—VOCA only 34. Board Members(private non-profits) 35. Proof of non-profit status(new applicants only) 36. Audit or Financial Review(one copy only) 37. Verification of Applicant's Ability to Accept State VALE Funds(State VALE applicants only) 38. Memoranda of Understanding(MOU) Please remember to send one copy of your completed application to your Local VALE Board by April 8,2003. 04V OCAAp.doc—2-11-03 SECTION A: Agency Information (ALL APPLICANTS) Please do NOT changeformat of table or application. 1. APPLICANT AGENCY: DCJ USE ONLY Division or Unit(if applicable): District Attorney's Office, 19th Judicial District App# 23-VA- - (CY 2004) Mailing Address: P. O.Box 1167,Greeley,CO 80632-1167 Grant# Street Address: 915 Tenth Street, Greeley, CO 80631 Award$ City/Town: Greeley Zip Code: 80632 County: Weld Judicial District: 19 New Applicant Agency Phone#: (970)356-4010 I Fax#: (970)352-8023 Continuation Applicant Agency E-Mail Address: GLRathke(n�netscape.net or GRathke@co.weld.co.us Federal Employer Identification number (EIN): 84-6000813 2. CONTACT PERSON: Gary L. Ratlike Position: Community Programs Administrator Phone#: (970)356-4010,ext.4747 Fax# : (970)352-8023 E-Mail: GLRathke(r7.netscape.net 3. FUNDS REQUESTED: $ 31,352 4. APPLYING FOR: (Please check only one program box.) X VOCA VAWA STATE VALE SEX ASSAULT PREVENTION FUNDS SECTION B: Project Narrative 5. BRIEF PROJECT TITLE: I Domestic Violence&Special Populations Project 6. BRIEF PROJECT SUMMARY: This program is a prosecution-based project, serving all of Weld County (the 19th Judicial District), providing direct services to adult and child victims of domestic violence, victims of child sexual abuse (primary and secondary), adult sexual assault victims, and "previously under-served"victim populations, including elderly victims, assault victims, Spanish-speaking victims, at-risk-adult victims, et al. 7. DESCRIPTION OF PROJECT FOR WHICH FUNDS ARE BEING REQUESTED: The Victim/Witness Program, in the Nineteenth Judicial District Attorney's Office, is the only prosecution- based program serving victims and witnesses of crime in its jurisdiction, Weld County. The VOCA project enables the Victim/Witness Program to provide enhanced services to crime victims, especially those services being provided to victims of domestic violence and victims in other special populations (e.g., victims listed in the Victim Rights Act, elderly victims, Spanish-speaking victims, at-risk-adult victims, et al). VOCA funds partially pay the salaries of four staff persons who provide direct and ongoing services to victims, adult and child, in about 1,200 domestic violence cases being filed annually and to more than 6,000 victims and witnesses of other violent crimes. Through their work with domestic violence victims, during hearings in the District's dedicated domestic violence court and elsewhere, the Victim/Witness staff provides needed direct services, such as personally providing VRA and Victim Compensation information, facilitating victim's communication, in English or Spanish, with prosecutors and the Court, etc., and many of these services are initiated in less than 24 hours after the criminal incident. In addition to the services being provided to domestic violence victims, staff members offer comprehensive services to all victims and witnesses of violent crime having contact with the District Attorney's Office and its Victim/Witness Program. Amongst the comprehensive services provided by the Victim/Witness staff are the following: crisis counseling, follow-up contacts, criminal justice education and advocacy, personal support, information and referral, emergency financial assistance, Crime Victim Compensation, HIV notices and education, Victim Rights Act notices, and other services (e.g., helping victims with Victim Impact Statements and restitution requests, offering and staffing a separate waiting area during court hearings,providing case status information, etc.). 04VOCAAp.doc 1 SECTION C: Goals and Objectives (VOCA Applicants Only) Please do NOT change format of table or application. 8. GOALS AND OBJECTIVES FOR THIS PROJECT: (Important: See instructions first) PERCENT OF VICTIMS SERVED BY VOCA FUNDS PLUS MATCH DOLLARS (select one statement only) Numbers for the goals and objectives in this report are derived in one of the following ways: I am reporting the number of victims served with only VOCA funds and matching funds. These funds pay forl00% of the salaries and/or volunteers who provide all the victims and services listed in Goal 1, Objectives 1 & 2. OR I am reporting the total number of victims served byr the agency's entire victims assistance program, and the X VOCA matching funds represent approximately I 9 % I of the agency's total victim assistance budget. (VOCA ONLY): GOAL 1. This project will provide direct services that assist crime victims with emotional and physical needs to stabilize their lives, provide for a measure of safety and security and/or enhance victims'experience with the criminal justice system. • Objective 1: Provide services to the following estimated unduplicated number of crime victims during the 12-month grant period. (See instructions for examples.) Count each victim ONLY ONCE,by predominant type of crime. EST.# EST.# TYPE OF CRIME TYPE OF CRIME(continued) VICTIMS VICTIMS 150 Child Physical Abuse 750 Assault 450 Child Sexual Abuse Adults Molested as Children 2,250 Domestic Violence 2 Elder Abuse(including Economic exploitation and fraud crimes) 75 Adult Sexual Assault 100 Robbery n. 1,000 Other violent crimes such as hate and bias Victims of vehicular assault or homicide, 1,000 DUUDWI crashes,or careless driving resulting in crime,gang violence(specify): death. Burglary/Crim. Mschf.,Kidnapping, Menacing,Theft,Traffic, et al 50 Survivors of Homicide Victims TOTAL UNDUPLICATED VICTIMS ESTIMATED TO BE SERVED DURING THE 12-MONTH PERIOD: 5,827 ♦ Objective 2: Provide the following types of services to the following estimated number of victims: Count each victim ONLY ONCE for each applicable service,no matter how many times a particular service is performed. Please see definitions of services in instructions. EST.# ) EST. # VICTIMS SERVICES SERVICES (continued) VICTIMS 900 Crisis Counseling 20 Emergency Financial Assistance P4z 3,000 Follow-up Emergency Legal Advocacy Therapy 3,000 Victim Compensation Assistance(required) Group Treatment/Support 20 Personal Advocacy Shelter/Safehouse ' 2,250 Telephone Contact(Info/Ref) sxz 900 Info/Referral in Person 1,500 Other(Be Specific): case status information, d. v. letters, et al 2,500 Criminal Justice Support+Advocacy VOCA applicants should add no more than two or three additional goals with objectives on the next page. o4VOCAAp.doc 2 ALL APPLICANTS - Please do NOT change format of table or application. 8. (Continued) GOALS AND OBJECTIVES: Please include no more than three goals with objectives. All goals and objectives must fit on this page. See instructions for more information on Goals and Objectives. GOAL 2: This project will provide, within the 19`h Judicial District, unduplicated,prosecution-based services to all victims of crime, including victims of domestic violence and other violent crimes, in such a manner as to meet their physical, emotional, financial, and intellectual needs to the greatest extent possible. L7Obiective 1: To provide 20,000 victims and witnesses of crime(a duplicated count) with a staffed and separate waiting area, trial coordination, case-status information, court escort and support, and other services related to criminal prosecutions. El Objective 2: To help at least 400 individual victims of domestic violence, child physical and sexual abuse, sexual assault(adult), and other violent crimes(Le., victims ofDUI/DWAI crashes, homicide survivors, elder abuse victims, assault victims, robbery victims, et al)to submit applications for Crime Victim Compensation. 0Objective 3: To help 20 crime victims to receive emergency financial assistance,primarily through the Crime Victim Compensation Program,for such things as replacing lost income or support, attending to immediate safety needs (e.g., replacing or upgrading doors, locks, etc.)and so forth, when appropriate. l;Objective 4: To provide, related to the criminal prosecution of certain sex crimes, HIV education and notifications to about 15 victims of child sexual abuse and adult sexual assault. Objective 5:In relation to the filing charges and prosecution of criminal acts,to personally contact 65 elderly crime victims, and to provide them with comprehensive services. /7Objective 6: To provide 13,000 Victim Rights Act notifications(a duplicated count), concerning each of the critical stages during the judicial process(e.g.,filing charges, arraignments, motions, dispositions,sentencings, etc.), to all victims covered by the act GOAL 3: This project will strive, within the 19t Judicial District, to facilitate crime victim's access to the criminal justice system and the District Attorney's Office through various efforts to increase community awareness concerning the Victim Rights Act, Crime Victim Compensation, victim impact statements, restitution, and other victim services;furthermore, this project will encourage and support efforts,particularly within the Judicial District, to improve and coordinate the provision of comprehensive and meaningful services to all victims of crime. . 17Obiective 1: To provide at least 15 training sessions for law enforcement and victim services agencies with information and training concerning the Victim Rights Act, Crime Victim Compensation, victim impact statements, restitution, and other victim services provided by the DA's Victim/Witness Program. 0Objective 2: To provide approximately 2,000 victims of crimes(unduplicated count)designated within the Victim Rights Act and victims of Careless Driving with Injuries with information concerning the Victim.Rights Act and Crime Victim Compensation,to request victim impact statements and restitution information from these victims, and to offer these victims a comprehensive list of victim services available in Weld County. L7Obiective 3: To provide staff support and participation in various groups that seek to improve and coordinate the provision of comprehensive and meaningful services to all victims of crime(e.g.,the Weld County Coordinating Committee for Victims of Crime, Weld County Domestic Violence Coalition, et al). 04VOCAAp.doc 3 SECTION D: Budget Information (All Applicants). Please do NOT change format of table or application. Continuation Applicants fill out Columns 1,2 and 3. New Applicants fill out Column 2 only. 9. BUDGET REQUEST: DCJ Use Only: Application # -VA- - Continuation Applicants ALL APPLICANTS Continuation Applicants (Column 1) (Column 2) (Column 3) Current Grant Award REQUESTED BUDGET Increase or (Calendar Year 2003) (Calendar Year 2004) Decrease PERSONNEL PERSONNEL(Employees of the applicant agency) (+/-) Employee/Job Position(FTE) .. Employee/Job Position(Full Time Equivalent) Koeltzow, C. S. Couns. II $6,668 Koeltzow,Community Srvs. Couns. II(1 FTE) $ 7,001 $ 333 Blakely,C. S.Tech. $10,122 Blakely, Community Srvs.Tech. (1 FIE) $10,628 $ 506 Soltes,C. S.Tech. $4,831 Soltes,Community Srvs.Tech. (0.5 (1'h) $ 4,831 $ Gailitis,C. S.Tech. $4,544 . Gailitis,Community Srvs.Tech. (0.5 FTE) $ 4,544 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ FICA,Ret.&Fringe: $3,694 ' FICA,Ret. &Fringe: ' $ 4,348 $ 654 Subtotal $29,859 Subtotal $31,352 $1,493 SUPPLIES AND OPERATING SUPPLIES AND OPERATING EXPENSES(copying, EXPENSES rent,phone,tuition,registration fees and other items under (+/-) $5,000) $ $ S $ $ $ , $ $ $ _ $ $ $ $ $ $' _ Subtotal $ Subtotal $ $ IN-STATE TRAVEL IN-STATE TRAVEL (itemize transportation/per diem, (+/-) etc.) $ S $ $ $ $ $ r $ $ Subtotal $ Subtotal $ S EQUIPMENT EQUIPMENT (items which cost over$5,000 each) (+/-) $ $ $ Subtotal $ Subtotal S $ PROFESSIONAL SERVICES I PROFESSIONAL SERVICES (+/ -) $ $ s i $ $ _. S Subtotal $ Subtotal $ S TOTAL FUNDS: $29,859 TOTAL FUNDS REQUESTED: $31,352 S 1,493 04VOCAAp.doc 4 ALL APPLICANTS - Please do NOT change format of table or application. 10. MATCHING FUNDS BUDGET: List the total matching funds(if required). ALL VOCA PROJECTS MUST PROVIDE MATCH. VAWA APPLICANTS THAT ARE NON-PROFIT,NON- GOVERNMENTAL VICTIM SERVICE AGENCIES ARE NOT REQUIRED TO PROVIDE LOCAL MATCHING FUNDS FOR THIS PROJECT(unless dollars are being requested for law enforcement or prosecution agencies). STATE VALE AND SAPF APPLICANTS ARE NOT REQUIRED TO PROVIDE MATCHING FUNDS. See instructions for more details. PERSONNEL(Employees of the applicant agency) Employee/Job Position(Full Time Equivalent) Koeltzow, Community Services Counselor II(1 FTE) $ 1,750 Blakely, Community Services Tech.(1 FTE) $ 2,657 Soltes, Comm. Srvs.Tech. (0.5 FTE)($1,208)&Gailitis,Comm. Srvs.Tech. (0.5 FTE)($1,136) $2,344 FICA,Retirement&Fringe Benefits $ 1,087 Subtotal $ $7,838 SUPPLIES AND OPERATING EXPENSES(copying,rent,phone, tuition, registration fees and other items under$5,000) Subtotal $ OTHER:In-State Travel,Equipment and/or Professional Services(specify) Subtotal , $ TOTAL FUNDS REQUESTED: $ SOURCE OF MATCH: non-federal governmental funds I IN-KIND: $ CASH: $7,838 11. GRANT BUDGET SUMMARY: This chart summarizes all dollars by category. All applicants should fill out pertinent sections. If your project does not have matching funds, leave match columns blank. BUDGET CATEGORIES Funding Request In-Kind Match Cash Match TOTALS Personnel $31,352 $7,838 $39,190 Supplies&Operating Travel Equipment Professional Services TOTALS $31,352 $7,838 $39,190 Match Total Total Project Cost Funds Requested (In-Kind Match+Cash Match) I $31,352 $7,838 $39,190 04VOCAAp.doc 5 ALL APPLICANTS -Please do NOT change format of table or application. 12. BUDGET DETAIL AND JUSTIFICATION: (Do not exceed the two pages allowed for this budget narrative.) Please provide the following information for each budget category: PERSONNEL REQUEST: (Also,if you are using personnel or in-kind volunteers as match,please describe here.) a. Please explain how you arrived at the cost of the salaries and benefits you are requesting. As recommended by Weld County's Personnel Services,the salary and benefit costs for all positions are established by the Board of County Commissioners; furthermore,Personnel publishes the wage information for each employee, including those receiving VOCA support. In projecting the total salary cost for each VOCA supported position in 2004, a couple of anticipated increases have been considered. First,each year the County Commissioners award a cost-of-living raise to all County employees and this increase has consistently equaled 4%; therefore, it has been estimated that all of the positions will receive a 4%raise in 2004. Next,in accordance with Personnel's policies, all full-time employees are eligible for regular step raises and, as these employees remain in their positions,the cost of step raises need to be added to their salaries. Each year the overall cost of benefits has tended to increase at a faster rate than salaries, it is anticipated that this trend will continue in 2004 and, therefore,projecting the cost of benefits is accomplished using percentage formulas. Currently, it is estimated that benefits for full-time and part-time employees equal 30%and 20%of their salary respectively. So, in arriving at the total estimated cost of salaries and benefits during 2004, I used the guidelines described above and I have projected the following costs: total estimated salary costs are $89,470 and total estimated benefit costs are$24,254($113,724 totally). b. Please provide the following ADDITIONAL information on the positions for which you are requesting funding. Employee/Job Position Requested #of hours #of hours FTE If THIS grant funding If THIS grant per week per week will not pay for the funding will not pay requested this entire position, what is for the entire from THIS position the SOURCE of other position, what is the grant works in funds that will be used AMOUNT of other funding. total. to pay for the rest of funds that will be this position? used to pay for the rest of this position? 1. Koeltzow,Comm. Srvs. Couns. II 7.747 40 1.0 Grants, admin. &gov. $31,490 2. Blakely,Comm. Srvs.Tech. 15.49 40 1.0 Grants, admin. &gov. $16,823 3. Soltes,Comm. Srvs. Tech. 7.469 20 0.5 Grants,admin. &gov. $ 8,105 4. Gailitis,Comm. Srvs. Tech. 7.025 20 0.5 Grants, admin. &gov. $ 8,392 5. 6. BENEFITS(estimated) 17.9% Grants, admin. &gov. $19,906 For EACH POSITION OR PORTION OF A POSITION you are requesting,also please answer the following: c. Fully explain and justify(using concrete data) any increase in dollars and/or positions requested. See instructions for more detail. As it is understood that VOCA's financial resources are very limited, in 2004,the overall increase in personnel costs being requested is only 5%($1,493)and these additional funds will help to pay cost-of-living adjustments, step raises and increased benefit costs. In 2001,it was reported that the total salary and benefit costs for the four VOCA supported positions was $76,840 and, in 2004, as described above,it is estimated that these positions will cost$113,724 totally, a 48%increase in 3 years(i.e., a $36,884 increase). During the past two years increases in VOCA funding have been about 5%annually and,while only a 5% increase in funding is requested in 2004, the relative support Victim/Witness is receiving from VOCA is declining dramatically. Furthermore, as the most significant increases over the years have occurred with the cost of the full-time positions and benefits, including upgrading a part-time position to full-time in 2002,this is where the requested 5%increase in VOCA funding is being applied. In 2003,salary and benefit costs for the four VOCA positions are projected to be$104,458, and Victim/Witness is receiving$29,859 in VOCA funding,$41,783 in local VALE funding,$6,750 in VAWA funding(a new funding source in 2003) and an estimated$26,066 in other funding to pay these costs. In 2004, the cost of the VOCA supported positions is expected to increase$9,266 and, if VOCA provides the requested$1,493 increase,the remaining$7,773 will need to be gathered from the other funding sources listed above. In 2003,Victim/Witness has continued to gain increased support from traditional and new funding sources in order to maintain its existing staff and services. Still, Victim/Witness is currently relying on excess VALE and Victim Compensation administrative funds,accrued in previous years,to meet its current costs and it needs to continually seek larger overall levels of support to maintain the present program long-term. 04VOCAAp.doc 6 ALL APPLICANTS -Please do NOT change format of table or application. 12. BUDGET DETAIL AND JUSTIFICATION(CONTINUED) d. SUPPLIES AND OPERATING REQUEST AND MATCH: Please see instructions,and fully explain and justify the need for the current request and for any increase over last year. Include and identify any supplies and operating used as cash or in-kind match,if required. N.A. e. TRAVEL REQUEST AND MATCH: Please see instructions, and fully explain and justify the need for the current request and for any increase over last year. Include and identify travel used as cash or in-kind match,if required. N.A. f. EQUIPMENT REQUEST AND MATCH: Please see instructions,and fully explain and justify the need for the current request. Generally,very little equipment will be funded. Include any equipment used as cash or in-kind match, if required. N.A. g. PROFESSIONAL SERVICES REQUEST AND MATCH: Please see instructions, and fully explain and justify the need for the current request and for any increase over last year. Include and identify any professional services used as cash or in-kind match,if required. Please note that professional services expenditures require prior approval by DCJ (Form 16). N. A. h. DIFFERENCES FROM LAST YEAR'S REQUEST(Continuation Subgrantees only): Please briefly summarize the reasons for the differences between this year's request and your most recent/current grant award. As described above,Victim/Witness will use the requested 5%($1,493) increase in VOCA support to help defray a portion of the increased personnel costs anticipated in 2004. Furthermore, as the overall services being provided by the program in recent years have significantly exceeded projections,Victim/Witness is increasing its service estimates in 2004. Then,besides the minor changes listed,this VOCA grant application contains no other differences from the VOCA grant project that is currently being funded. 04VOCAAp.doc 7 ALL APPLICANTS -Please do NOT change format of table or application. 13. TOTAL AGENCY VICTIM SERVICES FUNDING THAT YOUR AGENCY IS CURRENTLY RECEIVING: FUNDING START DATE END DATE AMOUNT FEDERAL FUNDS: Month / Day / Year Month / Day / Year VAWA funds: '; $ 9,000 04 / 01 / 03 03 / 31 / 04 VOCA funds: $29,859 ); 01 / 01 / 03 12 / 31 / 03 FVPSA(ACT) funds: At' $ .`i° / / / / Other US Dept. of Justice funds such as Byrne v (DCSIP),Juvenile Justice, COPS,etc. $ / / / / Sex Assault Prevention funds: iy,° $ / / / / Other Federal funds: Victim Comp. $ 8,456 10 / 01 / 02 09 / 30 / 03 STATE FUNDS: State VALE funds: $ / / / / State DAAP funds: $ / / / / Other State funds(e.g. general fund) - $ / / / / LOCAL GOVERNMENT FUNDS: Local VALE funds: Judicial District: 19 $72,135 01 / 01 / 03 12 / 31 / 03 11_VALE Admin. Funds(est.) Judicial District 19 ' $49,600 •1 01 / 01 / 03 12 / 31 / 03 Vict. Comp. Admin. (est.) Judicial District: 19 41- $30,333 ' 01 / 01 / 03 12 / 31 / 03 Judicial District: 1; $ „ / / / / Local Government funds: „ $162,450 "1,i 01 / 01 / 03 12 / 31 / 03 `i $ / / / / PRIVATE OR OTHER FUNDS: Private funds: $ / / / / Other funds: $ / / / / 14. FUTURE FUNDING: In the remaining space,describe the steps you are taking to diversify your funding sources, and/or incorporate this project into local funding sources,e.g. state or local government funding, and/or broad-based community support. The Victim/Witness Program, in the 19` Judicial District Attorney's Office,has developed a diverse funding base, and the VOCA funds being requested(i.e., $31,352)are estimated to be about 9% of the program's total budget in 2003. While there are certain funding limitations imposed on governmental programs such as the Victim/Witness Program, it has maintained a strong funding mix over the years, including the following funding sources and their approximate percentage of the program's total funding in 2003: 1) local government funds (46%), 2)local VALE grant funds (20%),3)VALE and Victim Compensation administrative funds (23%), 4)VAWA funds(2%) and 5)VOCA funds (9%). In recent years the program's costs have increased due primarily to rising -personnel costs and small staff increases. In the future, as the existing and planned growth in the local judicial system adds to the corresponding demand for services from the Victim/Witness Program, all of the funding sources listed above will be asked to share the cost of maintaining and expanding the Victim/Witness Program's services. Traditionally, the Board of County Commissioners has been very reluctant to assume any sizeable increases to their relative level of support for the Victim/Witness Program, and the current economic situation in state government suggests that this funding stance will continue in the future. In addition, even though other potential funding sources are very limited,one new funding source was added in 2003 (i.e.,a small VAWA grant was received), and other new funding sources will be sought out whenever possible in order to broaden the total funding mix. 04VOCAAp.doc 8 SECTION E: Continuation Applicants Progress Report (Continuation Applicants only) Please do NOT change format of table or application. 15. Please provide a summary of the progress made in your project during time periods 1 and 2 as defined below: See instructions for more information. For the following time periods,please briefly summarize the progress made in meeting your prior and current grant goals and objectives,the specific services that have been provided,changes or improvements made and/or problems encountered. See instructions prior to filling out this section. a. VOCA time period 1: January—December 2002 (if you received funding for this period) VOCA has been a reliable source of funding for the Victim/Witness Program over many years. During 2002, due in part to the VOCA funding received for its Domestic Violence and Special Populations Project,the Victim/Witness Program was able to maintain and enhance the services it provides to crime victims. The role of Victim/Witness and its VOCA goals are entirely complimentary, as the main activities of the program include the following: soliciting victim-impact statements and restitution requests,offering a Courtroom Assistance Program(i.e., a separate waiting area, support staff, et al), administering the Crime Victim Compensation Program, providing Victim Rights Act notifications, and offering other supportive services(e.g., crisis counseling,follow up,criminal justice advocacy, emergency financial assistance, etc.). In 2002, as Victim/Witness provided at least 11,817 separate services to 7,283 distinct crime victims, it significantly exceeded its VOCA goals and objectives in those areas,achieving 263%and 319% of its projected outcomes respectively. Overall,in 2002,the VOCA project exceeded most of the goals and objectives established in its grant application,as follows: First,during the grant year the project exceeded two objectives relating to serving domestic violence victims, as direct services were provided to 2,612 domestic violence victims, 174%of the objective set, and many of these victims received comprehensive services. Second,the project met 599%of its objective for working with other Special Populations by providing direct services to 4,671 Child Abuse,DUI/DWI Crash,Adult Sexual Assault,Elder Abuse,Homicide Survivor,Robbery, Assault and other victims. Third,Victim/Witness achieved 263%of its total service-delivery objective in 2002; furthermore, as the program was only counting one service per client contact in 2002,and as it plans to count all services provided during a client contact in the future, it is expected that the Victim/Witness Program's service numbers will be significantly larger in the future. Fourth, in 2002,Victim/Witness achieved 106%(38,069/35,890)of the goals and objectives it established for Court-Related Services(21,645/15,000= 1.44),Crime I Victim Compensation Criteria Victims(420/250= 1.68),HIV Notices and Education(6/60=.1),Elderly Victim Services (89/65 = 1.37), VRA Notices(13,296/18,500=.72),Victim Training(17/15 = 1.13), and Criteria Victim Services(2,596/2,000=1.30). Thus, in ' 2002,Victim/Witness exceeded its VOCA goals and objectives, and it expects its reported level of service to greatly increase in 2003. b. VOCA time period 2: January—February 2003 (Please include March if available) 1st Qtr of current grant cycle Throughout 2003,the Victim/Witness Program is continuing its VOCA funded Domestic Violence and Special Populations Project, and it will be working to maintain and enhance all of its existing services for crime victims, as summarized above(see 15. a.). During January and February, 2003,Victim/Witness and its VOCA funded project appears to be on track to meet or exceed all of the goals and objectives outlined in its grant application. As VOCA guidelines allow projects to count all victims served once at the beginning of the grant year,even if they were counted in a previous grant year,the victim numbers reported in the first quarter have traditionally been the highest of the year,and this is expected to be the case again in 2003. Therefore,while it is early in the grant year, in the first two months of 2003,Victim/Witness has had contact with more than 2,335 crime victims,42%of its VOCA objective(2,335/5,555), and the services provided throughout this time period are estimated to exceed 3,065, 31%of its VOCA objective(3,065/9,780). o4VOCAAp.doc 9 SECTION F: Coordination, Support and Networking(All Applicants) Please do NOT change format of table or application. 16. COMMUNITY SUPPORT, COORDINATION AND NETWORKING: a. LETTERS OF SUPPORT: In the appendix(see#28)please attach 3 current letters of support from referral sources or other agencies whose support is key to your project. Below, list the agency name and person that provided the attached letters of support. AGENCY PERSON/POSITION DCJ USE ONLY A Woman's Place,Inc. Sharon Mitchell,Executive Director Greeley P.D.,Victim Services Unit Cecil O'Farrell,Coordinator Sexual Assault Survivors,Inc. Anpeytu Raben,Executive Director b. SIGNED LETTER OF COORDINATION WITH VICTIM COMPENSATION: (VOCA ONLY) DCJ USE ONLY Not Applicable for 2003 Application. c. MEMORANDUMS OF AGREEMENT OR UNDERSTANDING: List the agencies with which you have active memoranda of understanding or agreement regarding coordination and provision of services. If necessary,please summarize to fit space. For agencies providing routine services for another agency as part of the VOCA project,please attach the MOUs in the appendix. A Kid's Place/CASA of Weld County 19th Judicial District Courts A Woman's Place,Inc. 19th Judicial District Probation Dept., Victim Services Area Agency on Aging Partners of Weld County Child Advocacy Resource&Education (CARE) Sexual Assault Survivors,Inc. Colorado Legal Services South Weld Victim Services Program Greeley Police Department,Victim Services Program Weld County Legal Services REFERRALS: (if applicable) d. List the agencies/individuals who make referrals to your program for victim services: (List only the 10 most frequently referring.) 1. A Kid's Place/CASA of Weld County 2. A Woman's Place,Inc. 3. Greeley Police Department, Victim Services Program 4. 19`h Judicial District Courts 5. 19th Judicial District Probation Dept., Victim Services Program 6. North Colorado Medical Center 7. Sexual Assault Survivors,Inc. S. South Weld Victim Services Program 9. Weld County Department of Social Services 10. Weld County's 21 Law Enforcement Agencies e. List the agencies to which you make referrals for victims served by your agency: (List only the 10 most frequently used.) 1. A Woman's Place, Inc. 2. Catholic Charities,Northern 3. Child Advocacy Resource&Education(CARE) 4. Colorado Legal Services 5. Greeley Police Department,Victim Services Program C. 19`x'Judicial District Probation Dept., Victim Services Program 7. North Range Behavioral Health Center 8. Sexual Assault Survivors, Inc. 9. South Weld Victim Services Program 10. Weld County Department of Social Services o4VOCAAp.doc 10 ALL APPLICANTS - Please do NOT change format of table or application. 17. CULTURAL COMPETENCY PLAN: All applicants are asked to supply a plan to provide culturally competent services to meet identified needs of racial, cultural and ethnic minority populations. The definition of cultural competence is: planning to effectively deliver services in a context that is meaningful to the individual's culture. Please describe: 1) the diverse needs in your community, 2) mechanisms you will utilize to assess and address the needs identified, 3) describe resources available to implement your plan. Please include the minority populations in the community you serve,the ethnicity of victims served, as well as ethnicity of staff,volunteers and/or board members. See instructions for further information. Not Applicable in 2003 Application. Addressed by a separate questionnaire. 18. VICTIMS RIGHTS ACT: (See instructions for more information.) a. Training: What training does your agency provide to direct services staff and volunteers about providing information to victims on their rights under the Colorado Constitution? During their initial training session with the program's administrator,the Victim Rights Act is explained to all Victim/Witness staff, paid and volunteer. All staff is required to read Colorado's statutes relating to the state's victims rights constitutional amendment and they are asked to familiarize themselves with the program's brochures explaining the Victim Rights Act. As state statute requires the District Attorney's Office to implement the Victim Rights Act and as Victim/Witness is the unit within that office that has a major responsibility for fulfilling the act's requirements(e.g.,providing victims with critical-stage notices, etc.), all staff are especially knowledgeable concerning those aspects of the act that apply to the DA's Office. Also, as questions or problems arise concerning the application of the Victims Rights Act,the administration of the DA's Office is quick to respond appropriately. Finally, as relevant outside educational opportunities arise, staff members are encouraged to learn more about all aspects of victims' rights and to train others on those rights. b. Date of the last training: continual Training provided by: Gary Rathke, et al c. If applicable,how do you notify victims of their rights under the Victim Rights Act? 1) V/W provides written and/or phone notices to all victims designated in VRA prior to each of the critical stages in the judicial process,from the filing of charges through sentencing,and including hearings returned after an appeal. 2)Victims of d. v. receive notices that are personally delivered at in-custody hearings. 3)Initial notices include VRA brochures and other information. d. How do you document that such notification has been given,if appropriate? Documentation of all VRA notifications is maintained in at least the following places: 1)on the outside of the criminal case file, and 2) in the data base of the DA's computer system(i.e., each criminal case filed by the DA's Office has a computer record, including a screen for tracking VRA notices). e. Does your agency have a statutory mandate to notify victims under the Victim Rights Act? X Yes No f. List the approximate number of notifications made by your agency each year: 13,100 g. Does your agency have a victim rights brochure that is distributed to victims? X Yes * No *If yes,please attach one copy in the appendix of the grant application. h. In what languages areyour Victim Rights Act brochures available? English and Spanish 04VOCAAp.doc 11 ALL APPLICANTS -Please do NOT change format of table or application. 19. VICTIM COMPENSATION: (See instructions for more information.) a. How does your agency regularly inform victims about the Victim Compensation program and assist them in applying when appropriate? The Victim/Witness Program provides information to crime victims concerning Crime Victim Compensation in at least the following ways:brochures, in English and Spanish, are distributed at various locations throughout the Judicial District; applications are provided to agencies throughout the District; applicants are helped to complete the application forms,whenever requested; the program's staff helps,when appropriate,crime victims to receive emergency awards of Compensation; information concerning Victim Compensation is sent to all victims when they receive their initial VRA notices;regular training concerning Victim Compensation is provided to law enforcement and other victim services agencies; the program's staff responds to all requests for information concerning Victim Compensation benefits; and the program's staff provides administrative, clerical and legal support for the Victim Compensation Program and its Board. b. Are there any major issues that hinder victim assistance programs in assisting crime victims in filing for Victim Compensation benefits and understanding eligibility? None. c. Are any of the services provided by your agency eligible for Victim Compensation reimbursement? Yes X No List services: N. A. d. Please describe how your agency tracks funds and services to ensure that it is not using VOCA funds to provide services which could be or have been paid for by Victim Compensation. N. A. e. Does your agency regularly conduct/receive Victim Compensation training for direct services staff or volunteers? X Yes n No Date of last training: continual Training provided by: Gary Rathke, Karol Koeltzow, et al 04VOCAAp.doc 12 SECTION G: Evaluation (All Applicants) Please do NOT change format of table or application. 20. EVALUATION: Describe how you will evaluate the efficiency and effectiveness of this project.(Please see instructions.) The District Attorney's Victim/Witness Program will utilize both efficiency and effectiveness measures in evaluating the VOCA funded Domestic Violence and Special Populations Project,as described below. 1)Efficiency Measures: In order to evaluate the significance and efficiency of the Victim/Witness Program and its VOCA funded project,staff members will continue to compile key-statistical data on all clients served. Then,on a quarterly basis,the statistical data collected will be analyzed and reported to federal, state and local administrators,funding sources, and other interested parties. When these quarterly reports are to a funding source with whom goals and objectives have been established, such as the proposed VOCA project, a detailed written analysis will evaluate whether the proposed activities and outcomes(e.g., goals and objectives) were accomplished in the expected time frame. In addition to a quarterly analysis of the program's statistical data, the overall efficiency of the program will be evaluated each quarter in financial terms, in the following manner: On at least an annual basis,the financial efficiency of the program will be evaluated using a simple cost/benefit analysis. In applying a cost/benefit analysis of the program, total dollars received(i.e.,either total dollars from a specific funding source or gross income for the entire program)are divided by the total number of victims served,and the figure derived will indicate the average cost of providing services to each individual. If the average cost of serving a crime victim is in line with historical averages,then the program will be determined to be financially efficient;however, conversely, if the average cost per client served is greater than historical averages,the overall efficiency of the program will be evaluated further. 2) Effectiveness Measures: Various subjective measures of the program's effectiveness will be applied throughout each quarter by the project's administrator,and these measures will seek to evaluate the quality and effectiveness of the services clients are receiving. In evaluating the effectiveness of the services being provided,the administrator will subjectively evaluate the quality and effectiveness of the services being provided by using a number of devices. First,he will listen to antidotes from clients, staff and others that describe their personal reactions to the services being provided. Second, client satisfaction surveys have been developed for various aspects of the program, and these may be distributed to help evaluate the quality and general effectiveness of the various services provided(e.g.,Crime Victim Compensation,training, agency-to-agency coordination, and criminal justice support). Ultimately, the data and reports generated using these efficiency and effectiveness measures will help the Victim/Witness Program's administrator and others to evaluate the program's performance, and the need to refine, expand and add services. 04VOCAAp.doc 13 SECTION H: Financial Management (All Applicants) Please do NOT change format of table or application. 21. FINANCIAL MANAGEMENT: Please answer the following questions. a. Please provide the date of your last independent audit or financial review: 12/31/01 Enclose one copy of your most recent audit or financial review,including any management report or other auditor comments,with your set of applications. b. Does your agency expend over$300,000 from combined federal sources in a year? Li Yes H No c. Please respond to the following questions about whether your accounting system meets the criteria for managing federal/state 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 No Does your accounting system separate ALL revenues and expenditures by funding source? Does your system track revenues and expenditures for each grant award separately through a X Yes No sub-ledger system? Does your system allow expenditures to be classified by the broad budget categories listed in the approved budget in your grant, i.e.Personnel, Supplies and Operating, Travel, Equipment X Yes No and Professional Services? X Yes No Do you reconcile sub-ledgers to your general ledger at least monthly? X Yes No Do you mark your invoices with the grant number? Do you maintain time sheets, signed by the employee and supervisor for each employee paid X Yes No by DCJ grant funds? If your grant requires a match, does your accounting system clearly identify the funds and X Yes No N/A amount used as a cash match? If your grant requires a match and you are using in-kind match such as volunteer hours,have X you clearly documented how you are keeping track of the match that you are reporting on Yes No N/A your quarterly financial 1-A report? X Yes No Do you have written financial policies and procedures in place? Do you have accounting internal controls in place,such as separation of duties, two X Yes No signatures on certain checks,reconciliations or other reviews? For Continuation Applicants only. X Yes No Do you use your accounting system data to prepare your quarterly financial reports for DCJ? X Yes No Do you reconcile your accounting system data with your quarterly financial reports for DCJ? d. If you answered NO to any of the questions above,please provide an explanation. N.A. a4VOCAAp.doc 14 SECTION I:FUND-SPECIFIC INFORMATION ALL APPLICANTS 22. VOCA GRANT SPECIFIC INFORMATION: SUBGRANT AWARD REPORT/APPLICATION INFORMATION U.S.DEPARTMENT OF JUSTICE-OFFICE OF JUSTICE PROGRAMS-OFFICE FOR VICTIMS OF CRIME The purpose of this report is to collect basic information on Subgrant recipients and their programs in a manner that is convenient to report and analyze.This report must be completed in full and submitted by the State agency(grantee)within ninety(90)days from the date of the award of a Subgrant to a local victim assistance program.A Subgrant Award Report must be completed for each program receiving Victims of Crime Act funding. 1• Agency Name: District Attorney's Office, 19th Judicial District Project Title: Domestic Violence and Special Populations Project Mailing Address: P. O. Box 1167 City: Greeley CO Zip: 80632-1167 Phone: (970)356-4010 Fax: (970) 352-8023 LE-mail: GLRathke(?inetscape.net GRathke@co.weld.co.us 2. Congressional District: STATE USE ONLY—Federal Grant No.: j 3. Purpose of VOCA Subgrant Award: Start up a NEW Victim Services Project X Continuation of VOCA funded Victim Project funded in a previous year Expand or enhance a project NOT FUNDED by VOCA in the previous year Start up a NEW Native American Victim Services Project Expand or Enhance an existing Native American Project Start-up/Expand/Enhance Information Technology to Serve Crime Victims STATE USE ONLY 1 4. Crime Victim Assistance Funds Awarded:$ State Grant Number: Project Begin Date: Project End Date: 5• Subgrant Match (Financial Support from other sources): Has the victim services program received a match waiver for this program? No Yes Value of In-Kind Match: Cash Match: TOTAL: 6. These VOCA Funds will primarily be used to: Expand services into a new geographic area X Continue services to crime victims Offer new type of services Other Serve additional victim populations 7. For this victim services program,please indicate: (Read Instructions Carefully.) Number of Paid Staff(Full-time equivalent): 0.94 VOCA(7.5 Total) Has the victim services program received a volunteer waiver? X No Yes If NO, indicate the number of volunteer staff(Full-time equivalent): 0.25 8. Identify any or all of the VOCA grant that will be used to meet thepriority and underserved ree uirements: �II Child Abuse: 10% $ STATE USE ONLY Domestic Violence: 39% $ Sexual Assault: 1% $ Underserved: DUI/DWI Crashes: 17% $ Survivors of Homicide Victims: 1% $ Assault: 13% $ Adults Molested as Children: % $ Elder Abuse: % $ Robbery: 2% $ Other Violent Crime: 17% $ TOTAL 100% 04VOCAAp.doc 15 9. Type of Implementing Agency: (Select one main category and one subcategory only.) X Criminal Justice—Government Law Enforcement X Prosecution Probation Court Corrections Other Non-Criminal Justice—Government Social Services Mental Health Public Housing Hospital Other Private Non-Profit Hospital Rape Crisis Religious Organization Shelter Mental Health Agency Other Native American Tribe or Organization On Reservation Off Reservation Other STATE USE ONLY 10. Please provide total amount of funding to victim services based on the subgrantee's current Fiscal Year budget. Funding Sources CURRENT YEAR i Federal(excluding VOCA) VOCA Funds State Local Other 11. Identify the VICTIMS to be served through this VOCA Funded Project: X Child Physical Abuse Adults Molested as Children X Child Sexual Abuse X Survivors of Homicide X DUI/DWI Crashes X Robbery X Domestic Violence X Assault X Adult Sexual Assault X Other Violent Crime X Elder Abuse X Other 12. Identify the SERVICES to be provided: X Crisis Counseling X Criminal Justice Support/Advocacy X Follow-up Contact X Emergency Financial Assistance Therapy Emergency Legal Advocacy Group Treatment X Assistance in filing Compensation Claims Crisis Hotline Counseling X Personal Advocacy Shelter/Safe House X Phone Contacts(Info. &Referral) X Information&Referral(In-Person) X Other 04VOCAAp.doc 16 • SECTION J: Supplemental Pages for New Applicants Only Please do NOT change format of table or application. 23. NEW APPLICANTS ONLY: (Continuation applicants please remove this page.) a. PLEASE CHOOSE ONE: Start a new victim services project. Expand or enhance an existing project not funded by VOCA funds in a previous year. b. AGENCY DESCRIPTION AND HISTORY: Please include the capacity of the agency to provide the services outlined in this a lication. N.A. c. STATEMENT OF NEED FOR THE PROPOSED PROJECT: (Problem Statement, please see instructions first.) N. A. 04VOCAAp.doc 17 (Continued) NEW APPLICANTS ONLY(Continuation applicants please remove this page.) Please do NOT change format of table or application. 24. WORKPLAN FOR ACHIEVEMENT OF GOALS AND OBJECTIVES: (See instructions.) N.A. 04VOCAAp.doc 18 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 1 of 9 Special Provisions&Certified Assurances must remain attached to the application. SECTION K: Certifications and Signatures 25. SPECIAL PROVISIONS AND CERTIFIED ASSURANCES: CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY: X Inter-Governmental Grant Grant to a Colorado State Agency X Grant to a Unit of Local Government,Tribal Government, or Special District. Grant to a Non-Profit,Private Organization(Non-Governmental) The applicant certifies by signing that the project described in this application meets all the requirements of the applicable governing legislation as indicated below; that all information contained in the application is correct; that there has been appropriate coordination with affected agencies; and, that the applicant will read,understand and comply with all provisions of the governing legislation and all other applicable federal and state laws, rules and regulations that have been or may hereafter be established. The applicant further understands and agrees that any subgrant award received as a result of this application shall be subject additionally to the grant conditions set forth in the Statement of Grant Award, and in the current applicable Administrative Guide of the Division of Criminal Justice. GOVERNING LEGISLATION FOR THIS GRANT PROGRAM: Victims Of Crime Act Assistance Funds (VOCA). From the United States Department of Justice, Office of Justice Programs, under federal statutory authority Victims of Crime Act of 1984 (VOCA), as amended, Public Law 98-473, Chapter XIV, 42 U.S.C. 10601, et seq., Section 1402, Section 1404, and under applicable program rules and regulations established by the federal program office. A. STANDARD STATE SPECIAL PROVISIONS 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 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, or its employees, agents, subcontractors, or assignees pursuant to the terms of this subgrant award. FOR INTERGOVERNMENTAL GRANTS ONLY: b. Indemnity: To the extent required by law, the Subgrantee 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, 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. 04VOCAAp.doc SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 2 of 9 Special Provisions& Certified Assurances must remain attached to the application. 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 NOR ANY AGENT, SUB-CONTRACTOR,OR EMPLOYEE OF THE SUBGRANTEE SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT. SUBGRANTEE SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS GRANT. SUBGRANTEE ACKNOWLEDGES THAT THE SUBGRANTEE AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUBGRANTEE 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 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 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 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(Per Gov. Owens 3-13-00 E.O. #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 hereby certifies that, for the term of this subgrant and any extensions,the Subgrantee has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Subgrantee 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. 04VOCAAp doc SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 3 of 9 Special Provisions&Certified Assurances must remain attached to the application. B. GRANT REQUIREMENTS 1. FINANCIAL&ADMINISTRATIVE MANAGEMENT a. The Subgrantee 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 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 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 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. 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 assures that it shall maintain data and information to provide accurate quarterly program and financial reports to the Division. Said reports shall be provided in such form, at such times, and containing such data and information as the Division of Criminal Justice reasonably requires to administer the program. e. The Subgrantee 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 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 fails to comply with conditions and certifications contained in this grant award. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee 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 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 assures that contractors/vendors who assist the Subgrantee 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 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 has the right to use, duplicate and disclose, the above material in whole or in part in any manner for any purpose whatsoever and authorize others to do so. ii. If the material or invention is copyrightable, the Subgrantee may copyright such, but the Division of Criminal Justice reserves a perpetual, royalty-free, non-exclusive and irreversible license to practice, reproduce,publish and use such materials in whole or in part, and authorize others to do so. 04VOCAAp.doc SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 4 of 9 Special Provisions&Certified Assurances must remain attached to the application. 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 Subgrantees 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 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 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$300,000 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 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 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 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. Subgrantees will be notified in advance of any on-site monitoring visit. e. The Subgrantee 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 and to relevant books and records of subcontractors of the Subgrantee. It is the responsibility of the Subgrantee to notify any of its project collaborators and subcontractors of these provisions. I The Subgrantee 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 a. The Subgrantee 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 against goals and performance standards required herein. The Division will provide reasonable technical assistance to the Subgrantee concerning project goals, performance standards and subgrant requirements; however, substandard performance as determined by the Division will constitute noncompliance with this grant award. Substandard performance may result in termination or reduction of grant award as follows: 04VOCAAp.doc SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 5 of 9 Special Provisions&Certified Assurances must remain attached to the application. 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, 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. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee 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 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. The grant may be terminated by the Division if it is in the best interest of the state of Colorado to terminate the grant. iii. If the grant is terminated for convenience by either the Subgrantee or the state, the Subgrantee 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, 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 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 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 a. 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. C. FEDERAL CERTIFIED ASSURANCES 1. FEDERAL PUBLIC POLICY ASSURANCES a. The Subgrantee hereby agrees that it will comply, and all of its contractors will comply with the applicable provisions of: i. Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; ii. The Juvenile Justice and Delinquency Prevention Act and/or the Victims of Crime Act, as appropriate; iii. All other applicable Federal laws,orders, circulars,regulations or guidelines. b. The Subgrantee agency hereby agrees that it will comply, and all of its contractors will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including: i. Part 18,Administrative Review Procedure; ii. Part 20,Criminal Justice Information Systems; iii. Part 22,Confidentiality of Identifiable Research and Statistical Information; iv. Part 23,Criminal Intelligence Systems Operating Policies; v. Part 30 Intergovernmental Review of Department of Justice Programs and Activities; vi, Part 42 Nondiscrimination/Equal Employment Opportunity Policies and Procedure; vii. Part 61 Procedures of Implementing the National Environmental Policy Act; viii. Part 63 Floodplain Management and Wetland Protection Procedures; and, ix. Federal Laws or regulations applicable to Federal Assistance Programs. 04VOCAAp.dcc SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 6 of 9 Special Provisions&Certified Assurances must remain attached to the application. 2. FINANCIAL&ADMINISTRATIVE MANAGEMENT a. Subgrantee assures that it will comply with appropriate federal cost principles and administrative requirements applicable to grants as follows: i. For state, local or Indian tribal government entities; a) OMB Circular A-87, Cost Principles for State, Local&Indian Tribal Governments b) OMB Circular A-102, Common Rule-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ii. For non-profit organizations; a) OMB Circular A-122, Cost Principles for Non-Profit Organizations b) OMB Circular A-HO, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations iii. For colleges and universities; a) OMB Circular A-21, Cost Principles for Educational Institutions b) OMB Circular A-I 10, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations iv. For each agency spending more than$300,000 per year in federal funds from all sources; • a) OMB Circular A-133,Audits of States, Local Governments and Nonprofit Organizations b. The Subgrantee assures that it will comply with the provisions of the Office of the Comptroller, Office of Justice Programs OC Financial Guide for Grants, current edition. (For practical purposes, the requirements pertinent to the management of these funds have been extracted from the above documents and are contained in 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 is ultimately responsible for compliance with applicable state and federal laws,rules and regulations.) 3. NON-SUPPLANTING OF FUNDS (Governmental Agencies Only) a. The Subgrantee certifies that any required matching funds used to pay the non-federal portion of the cost of this subgrant are in addition to funds that would have otherwise been made available for the purposes of this project. b. The Subgrantee certifies that federal funds made available under this grant: i. Will not be used to supplant state or local funds; ii. That the Subgrantee's expenditures for the purpose described in this application for the annual period are as great as for the preceding year plus the average annual increment in such expenditures for the past two, three,four or five years;OR iii. Where the certification above(3bii)cannot be made, and there is a reduced or unchanged local investment, then the Subgrantee shall give a written explanation demonstrating that the Subgrantee's reduced or unchanged commitment would have been necessitated even if federal financial support under this federal grant program had not been made available. 4. CERTIFICATION REGARDING LOBBYING (Subgrantees receiving$100,000 or more in total federal funds per year. See 28 CFR Part 69.) The prospective Subgrantee certifies,by submission of this proposal,that: a. No federal funds received through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; and, b. If any funds other than funds through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this subgrant, the prospective Subgrantee shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 5. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION (Subgrantees receiving$100,000 or more in total federal funds per year. See, 28 CFR Part 6.) a. The prospective Subgrantee certifies, by submission of this proposal, that neither it nor its principals, subcontractors or suppliers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 6. CERTIFICATION REGARDING DRUG FREE WORKPLACE (See, 28 CFR Part 67, Subpart F.) a. The prospective Subgrantee certifies, by submission of this proposal, that it will comply with the Drug Free Workplace Act of 1988, as implemented at 28 CFR Part 67, Subpart F. o4vocAAp doc SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 7 of 9 Special Provisions& Certified Assurances must remain attached to the application. 7. CIVIL RIGHTS COMPLIANCE (See, 28 CFR Part 42) a. Upon award, each Subgrantee will be provided DCJ's Form 30, entitled "Certification of Compliance with Regulations Regarding Federal Civil Rights Requirements and Equal Employment Opportunity Plans (EEOP), and will be required to do the following: i. The Project Director must submit the form to the Subgrantee agency's Authorized Official for this grant; ii. The Authorized Official must review the form in conjunction with subgrant agency personnel responsible for reporting civil rights findings of discrimination; iii. The Authorized Official must accurately complete the required information and provide all information requested; iv. The Authorized Official must provide an original signature on the form as indicated; and, v. The DCJ 30 Form with original signature must be returned to the Division with the Statement of Grant Award(SOGA). b. Any subgrant agency findings of discrimination must be reported to the Division of Criminal Justice within 45 days of receipt of this grant award, and to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. 8. NON-DISCRIMINATION a. The following federal non-discrimination cites apply in particular: the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act of 1990,42 U.S.C. 12101, et seq. and Department of Justice Regulations on Disability Discrimination, 28 CFR Part 35 and Part 39;Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975;the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et seq., as applicable to construction contracts. 9. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA) AND NATIONAL HISTORIC PRESERVATION ACT (NHPA)COMPLIANCE (42 USC§§4321-4370 and 16 USC§470) a. The Subgrantee agrees to assist the Division of Criminal Justice and the Office of Justice Programs, U.S. Department of Justice, in complying with the National Environmental Policy Act, the National Historic Preservation Act (NHPA) and other related federal environmental impact analyses requirements in the use of these grant funds either directly by the Subgrantee or by a subcontractor. As long as the activity needs to be undertaken in order to use these grant funds, this NEPA requirement first must be met whether or not the activities listed below are being specifically funded with these grant funds. The activities covered by this special condition are: b. New construction; c. Minor renovation or remodeling of a property either listed on or eligible for listing on the National Register of Historic Places, or located within a 100-year flood plain; d. Renovation, lease or any other proposed use of a building or facility that will either result in a change in its basic prior use,or significantly change its size. e. Implementation of a new program involving the use of chemicals other than chemicals that are either purchased as an incidental component of a funded activity and traditionally used, for example, in office, household, recreational or educational environments. D. 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. These requirements are more likely to change from year to year than the special provisions and federal certified assurances shown above, and usually vary across offices within the Division. 1. The Subgrantee 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. 2. The capacity for VOCA funds to provide future continuation dollars for projects is undetermined at this time. Subgrantees are advised to seek other funding sources,especially for personnel dollars. 04VOCAAp.doc SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 8 of 9 Special Provisions &Certified Assurances must remain attached to the application. 3. The Subgrantee certifies that the signing authorities,all staff and volunteers assigned to the VOCA-funded project have read and understood, state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including,but not limited to,those found in C.R.S. §I3- 90-107. 4. Except as otherwise provided by federal law,no recipient of monies under VOCA shall use or reveal any research or statistical information furnished under the program by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with VOCA. Such information, and any copy of such information, shall be immune from legal process and shall not, without the consent of the person furnishing such information be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding. See Section 1407(D)of VOCA codified at 42 U.S.C. 10604. 04VOCAAp.doc • SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 9 of 9 Special Provisions&Certified Assurances must remain attached to the application. 26. 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 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 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 I imits the authority and r esponsibility oft he A uthorized Official. I n a ccordance with the Colorado Revised Statutes 24-72-202.6,information supplied in this application is considered a public record. AUTHORIZED OFFICIAL Name David Long Position Chair Agency Board of County Commissioners,Weld County, Colorado Mailing Address P. O.Box 758 City,State,Zip Greeley, CO 80632 Telephone# (970)336-7204,ext.4200 Fax# (970)352-0242 E-mail Address DLongano.weld.co.us co.weld.co.us Signature Date FINANCI I OFFICER Name Donald D.Warden Position Director of Finance and Administration Agency Weld County Government Mailing Address P. O.Box 758 City,State,Zip Greeley,CO 80632 Telephone# (970)356-4000,ext. 4218 Fax# (970)352-0242 E-mail Address DWarjennco.weld.co.us / /- Signature / /// � Date PROJECT DIRECTOR Name Gary L. Rathke Position Community Programs Administrator,Victim/Witness Agency District Attorney's Office, 19th Judicial District Mailing Address P. O.Box 758 City,State,Zip Greeley, CO 80632 Telephone# (970)356-4010, ext.4747 Fax# (970)352-8023 E-mail Address GLRathke(alnetscape.net or GRathke(cdco.weld.co.us Signature Date W2/2oo3 04VOCAAp doc ax,3-038,2 27. CERTIFICATION OF MATCHING FUNDS - (All Applicants) If no match is required,you may disregard this page. PLEASE BE ADVISED that Weld County Government has appropriated (unit of government,forfeiture fund,non-profit agency,or corporation) funds in the amount of$ 7,838.00 to match federal funds for the Domestic Violence/Special Populations Project. (project title) The source(s)of these funds is non-federal,governmental funds These funds are made available as X CASH or _ IN-KIND match Execution of this document represents a certification that s aid funds have been earmarked within the appropriation o f budget process, which by state or local government law or practice, binds and obligates the state/local unit of government or the implementing agency to use such funds for purposes of this grant funded project, or permits such uses. The funds are, or will be (within the project duration), actually provided for such purposes. Signature must be by the individual authorized to commit these funds on behalf !, of the unit of government, forfeiture fund, '- non-profit agency or corporation. This Sincerely, ',' individual is either the Authorized Official on this grant or appropriate financial controller of matching funds. C43/4/20q3 Signature Date David Long Typed Name Chair,Board of County Commissioners,Weld County, Colorado Title oavocAAp.doc 28 SECTION L: APPENDICES ALL APPLICANTS Attach the following items to each of the four copies of the application EXCEPT the audit or financial review. Only one copy of the audit or financial review is required. 27. Letters of Support 28. Letter of Coordination with Victim Compensation—VOCA only(NOT APPLICABLE IN 2003) 29. Victims Rights Act brochure—if available 30. Organizational Chart 31. Job Descriptions 32. Volunteer Job Descriptions—VOCA only 33. Board Members (private non-profits) 34. Proof of Non-Profit(501(c)) Status (new applicants only) 35. Audit or Financial Review—ONE COPY ONLY 36. Verification of Applicant's Ability to Accept State VALE Funds—State VALE Applicants only 37. Required Memoranda of Understanding(MOU) REMINDER: Immediately send one copy of your completed application to your Local VALE Board in the areas in which you provide services. The Local VALE Board will be asked to comment to DCJ on your application. You may obtain the name and address of the Local VALE Board Coordinator by calling your local District Attorney's Office. a4VOCAAp.doc 29 27. Letters of Support A Woman ' s Place , Inc. `` A domestic violence agency for Weld and northern Adams' Counties Information/Donations: 970-351-0476 Executive Director: 970-506 2733 FL Lupton Office: 303-857-2642 24-Hour Crisis Line: 970-356-4226'46)March 24, 2003 Dear VOCA Board Members: I am pleased to offer this letter of support for the Office of the District Attorney's Victim/Witness Program in the Nineteenth Judicial District. It is the only prosecution-based program serving victims and witnesses of crime in its jurisdiction, Weld County. The VOCA project enables the Victim/Witness Program to provide enhanced services to crime victims, especially those services being offered to domestic violence and victims in other special populations (e.g., victims listed in the Victim Rights Act., elderly, Spanish speaking, at-risk-adult victims, et al). VOCA funds partially pay the salaries of four staff persons who provide direct and ongoing services to victims, adult and child victims, in about 1,200 domestic violence cases being filed annually and to more than 6,000 victims and witnesses of other violent crimes. Through their work with domestic violence victims, during hearings in the District's Dedicated Domestic Violence Court and elsewhere, the Victim/Witness staff provides needed direct services, such as personally providing VRA and Victim Compensation information, facilitating victim's communication, in English and Spanish, with prosecutors and the court, etc., and many services are begun in less than 24 hours after the criminal incident. In addition, to the services being provided to domestic violence victims, staff members are offering comprehensive services to all victims and witnesses of violent crime having contact with the District Attorney's Office and its Victim/itness Program. Among the comprehensive services provided by the staff are the following: crisis counseling, follow-up contacts, criminal justice education and advocacy, personal support, information and referral, emergency financial assistance, Crime Victim Compensation, HIV notices and education, Victim Rights Act notices, and other services ( e.g., helping victims with Victim Impact Statements and restitution requests, offering and staffing a separate waiting area during court hearings, providing case status information, etc.) Our two agencies collaborate weekly to assist domestic violence victims/survivors to become empowered through the supportive services that we each offer to insure victims of their rights. The joint effort of our Legal Advocate and trained volunteers with the staff of the District Attorney's Victim/VVitness Assistance Program is a successful partnership. Our Legal Advocacy Program being on site with the Dedicated Court for Domestic Violence and in the same building with the District Attorney's Office has strengthened this ongoing partnership. P. O. Box 71 • Greeley, Colorado 80632 QAUnaed Way Agency P. O. Box 312 • Fort Lupton, Colorado 80621 Funding the Victim/Witness Assistance Program gives many women the opportunity and the courage to follow through and take the necessary steps to end domestic violence in their lives and in their children's lives. It is often the services that we offer through our programs working closely together that empower these women to take that difficult step. I strongly recommend continual funding for his outstanding program due to the expertise of the staff and the needed services they offer to victim/survivors in Weld County. Sincerely, Sharon A. Mitchell Executive Director 4 POLICE DEPARTMENT cd)VICTIM SERVICES City opIrf PUBLIC SAFETY BUILDING,919 7TH STREET,GREELEY,COLORADO 80631 •(970)350-9657•(970)350-9667 Greeley March 24, 2003 VOCA Assistance Board Division of Criminal Justice Office of Victim Programs 700 Kipling Street, Suite 1000 Denver, CO 80215 Dear VOCA Board Members: I am pleased to write a letter of support for the Nineteenth Judicial District Victim/Witness and Crime Victim Compensation Programs of the District Attorney's Office as they request continued grant funding. The Greeley Police Department Victim Assistance Unit works closely with the District Attorney's Office and has a deep appreciation for their timeliness, dedication, and commitment to providing culturally competent services to all victims of crime regardless of their age or gender. As first responding advocates on scene of a crime we are confident bridging victims to the Victim/Witness Program knowing the continued comprehensive services they will receive, crisis counseling, criminal justice education and advocacy,personal support and referrals, emergency financial assistance, crime victim compensation, and others. The information, services, and support supplied by the District Attorney's Office to GPD Advocates greatly enhance our ability to effectively serve victims. The Victim/Witness staff is heavily involved in the training of our advocates. This is an excellent training tool for everyone involved. It enhances our mutually beneficial relationship and the ability for each agency's staff to know who to call when in need of information. The D.A.'s Victim/Witness staff are key players in the immediate response to the victims and their family members. Our training has been extremely productive and I look forward to the continued cooperation and success made possible by their staff. The District Attorney's office continues to be a leader in our county with direct services that extend into all divisions of our courts as well as daily in the dedicated domestic violence court. We are now able to inform victims on scene of an incident involving child or adult victims that they are able to have direct contact with the Victim/Witness staff as immediate as the next working day. I support, without reservation, the Victim/Witness and Crime Victim and Compensation Programs of the 19th Judicial District Attorney's Office and would ask that you seriously consider continued funding. These programs are a necessary and valuable part of Victim Services in Weld County. Sincerely, Cecil O'Farrell GPD Victim Assistance Coordinator SERVING OUR COMMUNITY • ITS A TRADITION De promise to preserve and improve the ruafi y of for 9reefey lArouyA limey, courteous andcosi e//eclive service. Sexual Assault Survivors, Inc . PO BOX 5135 GREELEY,CO 80634, 970-506-2738, 970-330-3890 r ; 4 oh s 21 March 2003 VOCA Board Colorado Department of Public Safety Division of Criminal Justice, Office of Victims Programs 700 Kipling, Ste. 1000 Denver, CO 80215 Dear VOCA Board Members: As Director of Sexual Assault Survivors, Inc., I am pleased to write this letter of support for the Victim Witness Program at thel9th Judicial District Attorney's office as they seek funding for staff to assist with victims of domestic violence and crime victims from special or underserved populations. Each year, the Domestic Violence/Special Populations Project provides competent, comprehensive services for nearly 7,200 victims of domestic violence and other crimes who have contact with the 19th Judicial District Attorney's Office. Additionally, this project operates within a collaborative network of community organizations to provide supportive resources for crime victims while ensuring efficiency and non-duplication of services. I have worked with the Victim Witness Program, its Administrator, Gary Rathke, and staff for almost seven years and can always rely on it as a very dedicated and competent resource for victims. Time and again, this program has been successful in providing respectful, high quality services to persons victimized by crime, and to service providers in need of information. Program staff assists us in providing training on the Victim Rights Act and Victim Compensation to our staff, volunteers, and Board. SASI values the professionalism and cooperation that exists between us and is confident that services in our community are more accessible, client-friendly, and comprehensive because of our efforts. The Victim Witness Program at thel9th Judicial District Attorney's office and SASI also collaborate in initial training for volunteer victim advocates, service provider training, and community efforts such as the Weld County Sexual Assault Resource Team (SART), the Weld County Coalition Against Domestic Violence,the Weld County Coordinating Committee for Victims of Crime (CCVC), and National Crime Victims' Rights Week activities. Because I value high quality services to victims of crime and the competency of this program and its staff, I strongly support their application for VOCA funding. Sincerely, A ytu L. web ✓ f =- 1 Dffecior 28. Letter of Coordination with Victim Compensation—VOCA only (NOT APPLICABLE IN 2003) 29. Victim Rights Act Brochures If you have been a crime victim, we at the District • Careless driving resulting in the death of another Attorney's Office are sorry, and we want to provide person you with some information concerning your rights as • Failure to stop at the scene of an accident that a victim and the criminal justice process that you may results in the death of another person find helpful • Any criminal attempt,eenspiracy,criminal solic)'ta- don,or accessory to a crime described above. Once a crime is reported, those individuals who are If the victim is deceased or incapacitated,these rights may The Rights victims of and witnesses to that crime become be exercised by the v ctim's spouse,parent child, sibling, • C) Involved with the tame al justice system. In January, grandparent significant other; or other lawful represents- 1993, Colorado started adhering to a constitutional tive. �'C�'..� ^ amendment and its enabling legislation referred to as _ #V the Victim Rights Ad. The Victim Rights Act was enact- Critical Stages of the Victim Rights Act ed in an attempt "to assure that all victims of and A victim's rights are related to certain"critical stages"in the criminal justice process. These stages include: • witnesses to crime are honored and protected by law of Crimes " enforcement agencies, prosecutors, and fudges in a • Filing of charges manner no less vigorous than the protection afforded • Preliminary hearing criminal defendants..." (For a complete description • Any bond reduction or modification hearing • of the Victim Rights Act,refer to the Colorado Revised Arraignment hearing • Statutes 24-4.1-101 through 24-47-304.) Motions hearing • Disposition of the complaint or charges against \o5, II rro The Victim Rights Act guarantees designated crime the person accused, �Q.,;'.• + ® victims certain rights, and this brochure has been • Trial prepared to help you understand those rights. • Sentencing hearing • Appellate review or appellate decision CI 'f 'acv ; 31•,'.'-< Crimes Covered by the Victim Rights Act • Sentence reconsideration . '`.-� � 0: C - I The Constitution of the State of Colorado and the laws of • Probation revocation hearing j�-*� • n ' , the state (24-4.I-302(1) C.RS.)guarantee certain rights • The filing of a complaint,summons,or warrant by 1;4 �Q`7 `'F' . to the victims of the following criminal acts: _ probation for failure to report or because loca- tf U p`� _ • Murder- 1st and 2nd degree tion of a person convicted of a crime is unknown • Request for change of venue or transfer of proba- • Manslaughter tion supervision • Criminally negligent homicide • Request for release from probation supervision • Vehicular homicide prior to the expiration of original sentence A.M. Dominguez,Jr. • Assault- 1st,2nd and 3rd degree • Attack of a judgment or conviction District Attorney _ • Vehicular assault - pp c • Parole applicationhearingor • Kidnaping Mdnang • Parole, release, or discharge from imprisonment Nineteenth judicial District • - 1st and 2nd degree of a person convicted of a crime • Sexual assault- 1st,2nd and 3rd degree • ' • Sexual assault on a child and sexual assault on a Parole revocation hearing • Transfer to or placement of a person convicted of child by one in a position of trust a crime in a non-secured facility • Sexual assault on a client by a psychotherapist _ • Transfer, release, or escape of a person charged Office of the District attorney • Robbery,aggravated robbery and aggravated rob- with or convicted of a crime from and state hos- VICTIM/WITNESS PROGRAM bery of controlled substances pill • Incest and aggravated incest Centennial Center • Child abuse In addition to the right to be informed and present,the vic- 915 Tenth Street,2nd Floor • Sexual exploitation of children dm also has a right to be heard at healfpgs on bond reduc- P.O. Box 1 167 • Crimes against at-risk adults or at-risk juveniles lion,disposition of the complaint such as acceptance of a • Crimes which the court has determined include negotiated'plea,.14 a sentencing fearing The.victlm also Greeley,Colorado 80632-1167 domestic violence has a right to provide input to the court regarding continu- (970) 356-4010, Ext.4746 • Harassment by stalking antes. Fax (970) 352-8023 ▪ Ethnic intimidation i The Victim Rights Act victim,of any proceeding at which any post-con- rain responsibilities under the Victim Rights Act for assuring The"victims"listed in the Victim Rights Act are guaranteed viction release from confinement in a secure state - the rights of victims. The District Attorney's Office has the certain rights. These victims of crime shall have the right.. correctional facility is being considered for any following responsibilities: person convicted of a crime against the victim • to be treated with fairness, respect, and dignity, and the right to be heard at any such proceeding • to inform the victim of the filing of charges and and to be free from intimidation,harassment,or or to provide written information thereto provide an explanation of the charges; abuse throughout the criminal justice process • to provide a written statement that will be includ- • to inform the victim of appropriate "critical • to be informed of and present for all "critical ed with any referral made by the department of stages"and the date,time,and place of all"critical stages"of the criminal justice process corrections or a district court to place an offend- stages"in the court proceedings; • to be informed,upon request by the victim,when er in a community corrections facility or program • to tell the victim of the assignment of the case, a person who is accused or convicted of a crime • to promptly receive any property belonging-to a including the deputy district attorney handling the against the victim is released or discharged from victim which is being held by a prosecutorial or case and the court to which the case is assigned; custody,is paroled,escapes from a secure or non- law enforcement agency unless there are eviden- • to inform the victim of any pending motion that secure correctional facility or program, or tiary reasons for the retention of such property may substantially delay the prosecution and absconds from probation or parole • to be informed of the availability of financial assis- inform the court of the victim's position on the • to be heard at any court proceeding which tance and community services for victims, the motion; involves a bond reduction or modification, the immediate families of victims,and witnesses • to consult, where practicable, with the victim acceptance of a negotiated plea agreement,or the • to be informed about what steps can be taken by concerning the reduction of charges, negotiated sentencing of any person accused or convicted of a victim or a witness in case there.is any intimi- pleas,dismissal,or other dispositions a crime against such victim dation or harassment by a person accused or ' • to minimize contact between the victim and • to consult with the prosecution after any crime convicted of a crime against the victim,'or any defendant before,during,and immediately after a against the victim has been charged,prior to any other person acting on behalf of the accused or judicial proceeding disposition of the case,or prior to any trial of the convicted person • to facilitate the prompt return of a victim's prop- case,and the right to be informed of the final dis- • to be provided with appropriate employer inter- erty when it is no longer needed for evidentiary position of the case cession services to encourage the victim's reasons • to be informed by local law enforcement agen- employer to cooperate with the criminal justice • to provide the victim with a victim impact state- cies,prior to the filing of charges with the court, system ment that is given to the Court or by the district attorney, after the filing of • to be assured that in any criminal proceeding the • to inform the victim of the function of a pre-sen- charges with the court,of the status of any case court,the prosecutor,and other law enforcement tence report and the name and telephone num- concerning a crime against the victim, and any officials will take appropriate action to achieve a ber of the probation office preparing the report, scheduling changes or cancellations,it..known in swift and fair resolution eithe proceedings as well as the defendant's right to view the pre- advance • to be provided, whenever practicable, with a sentence report and victim impact statement ▪ to be present at the sentencing hearing of any securewaiting area during-court proceedings • to explain the victim's right to attend and express person convicted of a crime against such victim, • to be informed,upon written request'by the vic- an opinion at the sentencing hearing and to inform the district attorney or the court, tim,when a person convicted of a crime against • to inform the victim of any hearing for reconsid- in writing,by a victim impact statement,or in per- the victim is placed in or transferred to a less era-don and modification of a sentence son by an oral statement,of the harm that the vic- secure correctional facility or program • to informthe victim of the right to receive infor- tim has sustained as a result of the crime • to be informed,upon written request by the vic- motion from correctional officials concerning the • to have the court determine the amount,if any,of tim,when a person who is or was charged with imprisonment and release of a person convicted restitution to be paid to a victim by any person or convicted of a crime against the victim escapes of a crime convicted of a crime against such victim for the or is permanently or conditionally transferred or Victim Responsibilities actual pecuniary [or monetary] damages that P released from any state hospital; resulted from the commission of the crime - Victims also have some responsibilities,including the • to• to be informed of the victim's right topursue a be informed of any rights i which the victim has g pursuant to the constitution of the United States following: civil judgment against any person convicted of a or the state of Colorado;and, • to keep the appropriate criminal justice authori- crime against the victim • to be Informed of the process for enforcing com- i ties informed of the name,address,and telephone • to be informed[in a case of domestic violence]of pliance with this article::., number of the person who should be provided the violation of any condition of probation and information; the right to receive copies of all probation District Attorney's Responsibilities • to notify the appropriate authorities of any reports submitted to the court and notice of Various criminal justice agencies, including law enforce- changes to the name,address and/or phone num- probation revocation hearings ment the District Attorney's Office;the courts,the probation ber of the contact person; • to be informed, upon written request from the department and the Department of Corrections,have cer- • to provide a written request if notification con- cerning the post-sentence process is desired. • a separate waiting area during court proceedings; (Forms may be obtained from the District • information,forms,and help to complete restitu- Attorney's Office, Probation Department, tion requests and victim impact statements; Department of Corrections,and the Department • information, forms, and help to collect witness of Youth Corrections.) fees; • an extensive listing, information, and referral to Process for Ensuring Victim Rights other victim services;and • Colorado state law allows victims to enforce compliance • handicap accessibility, help for the hearing and with the Victim Rights Act,If you feel your rights as a vie visually impaired, Spanish-speaking interpreters, tire have not been provided,you must first attempt to seek and other special services. compliance at the local level,and this may include at least the following steps: If you have questions concerning the Victim Rights Act or if you would like to find out more about any of the services • • contacting the person you feel has not provided summarized above, please call, write or visit the you with your rights and explaining specifically Victim/Witness Program using the following information: what has not been done • • seeking assistance from local victim advocates,or other supportive persons such as a counselor District Attorney's Office _ • seeking assistance from the criminal justice official Victim/V`/itnessProgram that is responsible for the agency that you feel is - 915 Tenth Street,2nd Floor not providing your rights P.O.Box 1 167 • These contacts may be verbal or in writing, and accurate Greeley,CO 80632-I 167 records may be helpful if action at the state level is (970) 356-4010,ext.4746 required. - - Next,if your efforts at the local level have not been suc- It is the belief of the CistrictAttorney's Office that the Victim Rights Act should be vigorously supported,and that crime cessful,the Victim Rights Act allows victims to seek the assis- victims should receive the comprehensive services that they tance of The Governor's Victims' Compensation and need. Assistance Coordinating Committee. The Division of Criminal Justice is designated to act on behalf of the Coordinating Committee,and this agency may be contact- ed using the following information: Colorado Department of Public Safety A.M. Dominguez,Jr. Division of Criminal Justice District Attorney 700 Kipling Street,Suite 1000 for the I9:h Judicial District Denver,CO 80215-5865 (303) 239-4442 1-888-282-1080 (toll free) Other Victim Resources The District Attorney's Office has a Victim/Witness Program that provides crime victims with needed support and in for- tia7?₹' -& motion. Among the services provided by the Victim/Witness Program ore the following: • education, personal support, information, and �3 - other assistance throughout the criminal justice process; • information,forms,and help to apply for any finan- cial assistance that may be available from Crime - --` Victim Compensation (e.g., the cost of lost - income/support, medical care, psychotherapy, s funeral services,security devices,etc.); e^ho Si usted ha side victim°de tin de/ito,nosotros en to oficina • Descuido al conducir que resulte en la muerte de del fiscal to sentimos y queremos darle information sobre otra persona sus derechos coma victima y del proceso legal de justicia • Omitir detenerse en la escena de un accidence que puede ser 661 para usted. que resulte en la muerte de otra persona * • Cualquier intento criminal,conspiracion,requer- En cuanto se reporta el delito,esos personas que son vfcti- imiento criminal, o complice en la comision de mas y testigos del crimen seran parte de/sistema legal de cualquier de los delitos antes especificados justicia. En enero del ano1993, el estado de Colorado Los , D e re C.h os de empezo establecer u A resulacion pars induir los Derechos Si la victims ha falfecido a esto descap°citada,estos dere- de las Victimes coma parte de la constitucion del Estado de chos pveden ejercitarse par parte del esposo(a) de la via- Colorada. Este Act°, El Aso de Los Derechos de Las lima,par los padres,hijo(a),hermano(a),abuelo(a),su ser VIcti mas de Victimas,"establecen que todas las victimas y testigos de signipcativo,o otro representante legal. crimenes lean protegidos par agendas de ley, abogados Fates Criticas por el Acto de Derechos de • C ri m e n ..procuradores y el juez en una manera no menor vigoroso las Victimas que la protecion que se le dan a Ins defendentes"(Par una Los derechos de tine victims se relacianan con ciertas " completa descripcion del Ada de Los Derechos de las fases criticas"en el proceso legal de justicia. Estas fases Victimas,refrierce a/os Statutes Revisados-de Colorado 24- induyen: 4.I-304.) • Presentation de cargos • El Acto de Derechos de las Victims a las victi- Audiencias preliminares timos garantizan • cualquier audiencia para reduccibn o modifi- G1 AT. mas de delitos ciertos derechos y este folleto esto prepare- canon de fiianza �� •e do pare ayudarles entender esos derechos. • Lectura de cargos - r/I • Audiencia para las mociones legales a * 4, ,a * _ • Delitos Cubierto por el Acto de Derechos • Disposition de,la queja o cargos contra la per- ,. I _de las Victimas sona acusada • 'La constitucion del Estado de Colorado y los(eyes estatales • Juicio tit JUp\C; ' • - (24-4.1-302(1) C.RS.] garantizan ciertos derechos alas • Audiencia para el fallo o sentencia victimas de los siguientes actos criminales: • Revision o decision apelatoria • Asesinato en primer y segundo grado • Reconsideration del fallo o sentencia • • Asesinato involuntario • Audiencia para la revocation del periodo de • Homicido por negligencia prueba A.M. Dominguez,Jr. _ • Homicido vehicular • Presentation de una queja,citatorio,o orden de Fiscal de Distrito -- • Asalto en primer,segundo,y tercer grado - arresto por el probador por falto de•reportar or Distrito Judicial Diecinueve • Amenazas porque se desconoce la ubicacion de una persona ▪ Secuestro en primer y segundo grado , convicts de un delito - • - •- • Ataque sexual en primer,segundo,y tercer grado • Solicitud de cambio de tribunal o transferencia de • Ataque sexual de menor de edad y ataque sexu- supervision probatoria _ al de menor de edad por pane de persona a • Solicitud de liberation del supervisor probatoria quien el menor fue mnfiado antes de la expiation de la sentencia original ' _ - • Ataque sexual de un cliente por parte de un psi- • Ataque contra tin fallo o sentencia Oficina de la Fiscalia - coterapeuta - Audiencia sabre la aplicacion de libertad condi- Programa de victima/testigo • Robo-agravado,agravado de una substancia con- clonal Centennial Center • trolada • Libertad conditional, liberacion a Salida de • Incest°y incesto agravado prision de una.persona cohvicta de tin delito 915 Tenth St,2nd floor • Abuso de menores de edad • Audiencia para .a revocacioti de libertad condi- PQ Pox 1167 • Explotacion sexual de menores de edad clonal Greeley(CO 80632-1 167 • Delitos contra adultos y jovenes en-riesgo • Transferencia a colocacion de una persona culpa- .• Delitos que el torte se determine que la violen- ble de.un:delito en una institution de no- segu- (970)35644010, Ext 4746 cia domestica es la causa subyacente rudad Fax (970)352-8023 • Intimidation furtiva • Transferencia,liberation,o fuga de algun hospital • Intimidation etnica estatal de una persona acusdada de o tulpable de un delito. Responsabilidades de los Fiscales Ademds del derecho a set informado y estar presence,la son entregados al corte y noticia de audiencias de Distrito victima tiene tamblen el derecho de set escuchado en las para revocar libertad condicional i/arioc agendas del justicia criminal,fncluyendo autoridades audiencias sobre reduction de jianza, disposition de Ia • ser informado,a petition escrita de la victima,de policias,los fiscales del districto,/os cartes,el departamen-• queja,como la acceptation de una apelacidn negociada,y cualquier audiencia,despues de conviction,donde to de probation,y el departamento de correcciones tienen una audiencia de sentencia. La victima (ambler' tiene el se considera liberation de un facilidad correccio- ciertos responsabilidades.Los responsabilidades de los ofic- derecho de aportar su opinion al carte sobre las continua- nal seguro del estado por una persona que es inas de los fiscales son: clones. convicta de un delito contra la victima y el dere • lnformar a la victima de la presentation formal de cho ser escuchado en esa audiencia las acusaciones y de proporcionar una explication El Acto de Derechos de las Victimas • proporcionar una declaration escrita que sera de tales acusaciones; Las"victimas"en el Ado de Derechos de las Victimas son incluyedo con cualquier referencia hecho por el - Informar a la vktima de las fases criticas y fechas, garontizados ciertos derechos. Las victimas de un crimen departamento de correcciones o por tin Corte horarios,y lugar de todas las fases criticas en los tienen el derecho.... • del distrito para poner un delincuente en facilidad procedfmientos de juzgado; • • ser tratado con equidad,respecto, y dignidad,y o programa de correcciones en la comunidad • Decir a la victima de la asignacion del caso ser libre de intimidacibn,hostigamiento,o abuso • recibir pronto retorno de cualquier propiedad fncluyendo el fiscal adjunto de districto que se • durance el proceso legal de justicia que sea de la victims cuando ya no se necesite encarga del caso y el juzgado al cual se asigno el • set informado y estar presence durance todos las como evidencia caso; "fases criticas" del proceso legal de justicia • ser informado del disponibilidad de ayuda lnformar a la victima de cualquier motion pendi • ser informado, a petition de la victima, cuando finandiera y servicios de la comunidad para las ente que puede retrasar substancialmente is una persona acusado o culpable de un delito con- victimas,la familia immediata de la victima,y los prosecution e informar al juzgado de la posicfon tra la victims es liberado de custodia,escape de testigos • de la victima en cuanto a la motion; una programa o una institution correcional de • ser informado de las medidas que se tomen en Consulter,de ser praccico,con fa victima relativo seguridad or de no-seuridad,o se fuga de liber- caso de que hay intimadacion or hostigamiento a la reduction de las acusaciones, apelaciones tad vigilada o libertad bajo palabra contra la victima por parte de la persona acusa- negociadas, retiro de los cargos,u otros disposi- • ser escuchado en cualquier proceso del corte a do or culpable de un crimeri la.de parte de clones; reduction o modification de fianza,aceptacion de cualquier otra persona que actue•en su logar • Minimizar contacto entre victima y acusado antes, apelaciones negociadas,o sentencia de la persona • recibir la intercesion apropiada..de su jefe o durance e fnmediatamente despues de un proce- acusado o culpable del delito contra la vfctima patron en lo que se refiere a ci as con los fun- so judicial • consultar con el fiscal despues de que un crimen cionarios legeales de justicia" : • Facilitar el pronto retorno de la propiedad de Is contra la victima ha cido cargado, antes de • contar con surguridades'de que en todos los pro- victima cuando ya no se necesite como cause evi- cualquier disposition del caso,o antes de que el cedimientos legales ,el juzgado, el fiscal,y otros • dencial; caso vaya a juicio,y ser informado de la disposi- funcionarios que aplican justicia tomaran las proporcionar a la victima con una declaration de • don final del caso acciones apropiadas para logar una resolution " impacto sobre la victima que se da al juzgado; • ser informado, por las autoridades, policiacas pronta y equitativa de los procesos • Informar Is victima de la funcion de un informe de locales antes de!a presentation de los cargos con • tener,cuando posible,una area de esperar segura pre-sencencia y el Hombre y numero teiefono del la corte o por el fiscal despues'de la presentation durance los procedimientos del torte oficiai de prueba que prepare el informe,asi como • de los cargos,del estado de cualquier caso con- • ser informado, a petition escrita de la victima, tamblen el derecho del acusado de reviser ei cerniente un crimen contra la victima,y informar cuando una persona convicts de un crimen con- informe de pre-sentencia y la declaration de el fiscal o el corte,escribido en la declaration de tra la victima es colocado o transferida a una pen- impacto sobre la victima; impacto sobre la victims o en persona por itenciarfa o programa de menor seguridad • Explicar el derecho de!a victima a estar presente declaration oral,sobre el dano que la vlctima ha • ser informado, a peciciOn escrita de la victima, y emitir una opinion durance la audiencia para la sostenido como resultado del crimen cuando una persona acusada or culpable de un sentencia; • tener el torte decidir el candidad de restitution delito contra la victims fuga o si es permanence- • lnformar a la victima de cualquier audiencia para que se debe pagar a la victims por los danos que mente o condicionalmente transferida o dada de la reconsideration y modification de la sentencia; se resultaron de la comisiOn del crimen alta de cualquier hospital estatal • • ser informado del derecho de la victima a pros- • ser informado de cualquier derechos que tiene la I y • Proporcionar information de parte de los fun- eguir una sentencia.civil contra cualquier per- victims en cumplimiento de Ia Constitution de los • I cionarios penitenciarios sobre ei encarcelamlento sona culpable de un crimen contra la victima Estados Unidos o del estado de Colorado • ser informado[en un caso de violencia domesci- • ser informado del proceso pars asegurar los y liberation de una persona culpable de un delito. ca]de un violation de los condiciones de libertad derechos en este articuto condicional y el derecho de recibir copias de 1 todos los reportes de libertad condicional que Responsabilidades de las Victimas: • education, apoyo personal, information, y otra Las victimas tienen las siguientes responsabilidades: ayuda a [raves del proceso de justicia criminal • • Mantener informadas apropiadamente Ias autori- information, formas, y ayuda a solicitor la ayuda dades judiciales del nombre,direction,y numero flnanciera que puede estar disponible de la remu- neracion de la victima del crimen(e.g.,el costa de de telefono de la persona a quien se debe pro- • porcionar la information renta o ayuda perdida,asistencia medica,sicoter- • y tambien si hay cambio de direction o numero apia, de servitor funerales, de dispositivos de de telefono notifica autoridad apropiado seguridad,etc.)• _ • Proporcionar una solicitud escrita si la victima una area separada para esperar durante proced- desea ser notificada de information relativa al imientos de la torte . proceso post-sentencia. Las formas se pueden • Information,formal, y ayuda para terminal peti- obtener en la Oficina de Fiscal de Districto, el clones de restitution y declaraciones de impacto Departamento de Libertad a Prtieba, sabre la victima. Departamento Penitenciario,y el Departamento • information,formas,y ayuda para recoger hono- rarios del testigo Correctional para Menores. • un listado extenso,infomacion,y remision a otros El Proceso paraAsegurar los Derechos de servicios de la victima las Victimas • accesibilidad para los minusvalidos,ayuda path los La ley del estado de Colorado pemtite a victimas hacer debilitados de air o ver,interpreter par los quien cornplir con elActo de los Derechos de las Victimas.Si usted habla espanol,y otros servicios especiales. se siente que sus derechos coma victima no han sido Si usted tiene preguntas sobre las derechos de la victima o respetados,primero debe tratar de conseguir que se cum- si usted quisiera saber mas sobre /os servicios resumidas plan a nivel local,y puede incluir lo slguente: arriba,par favor de Bomar,escribir,a visitor el programa de • establgcer contacto con la persona que usted victima/testigo usando to information siguente: sienta que node ha otorgado sus derechos y expli- cando • especificamente lo que no se ha hecho. Officina del Fiscal • buscar ayuda de sus mediadores locales,o otras Programa de victima/testigo personas de apoyo comp consejeros 915 IOth St,Piso 2 • buscar ayuda del official del justicia criminal que es PO Box 1167 responsable par la agencia que usted siente no le Gree/ey,CO 80632-1167 estan otorgando sus derechos 970-356-4010,X4746 Los contactos pueden ser verbales a escritos,y un registro certero de sus esfuerzas pueden ser uti/en caso se pre- Es la creencia de la oficina del fiscal que el Ado de sense una queja formal Derechos de Victimas debe ser soportado vigoroso,y que Si todos los efuerzos para obtener sus derechos han fro- las victimas de/crimemdeben redbir los servicios cornpren- caseda,puede solicitor ayuda al Camite Coordinadar del sivos que necesitan. Governador para la Ayuda y campensacidn de Victimas a traves de: Departamento de Seguridad PuMica de Colorado ,4 Division Legal de Justicia 700 Kipling Street,Suite 1000 Denver,CO 80215-5865 , (303)239-4442 I-888-282-1080(numero gnaw/to) Otros Recursos para laVictima El oficina del fiscal tier&una programa de victima/testigo - t que da a las victimas del crimen el apoyo y la informcion xy necesarias. Entre/os servicios propocionados par la prgra- 4•� ma de victima/test/go estan los siguentes: , °' 30. Organizational Chart Organizational Chart DISTRICT ATTORNEY'S OFFICE DISTRICT ATTY ADA CLERICAL I TRIAL J COMM PROG • ' INV DIV I DIV DIV DIV OM I CTD 1L CTD 7 CTD J CPA r CPA I CINV 1 1 I I I I / 1 { AOM 1 I I I I I / / I 1 I l I I I / DISTRICT JUV COUNTY DISTRICT COUNTY JUV JUV DIV V/W CONS INV O TECH ] I O TECH O TECH I DDA_ _j DDA • DDA CNLR I CNLR j 1 GPO -I r INV O TECH O TECH O TECH DDA DDA I DDA 1 CNLR OMM SR11 f GPD SEC INV ] I I I I I TECH I O.TECH O TECH rs-D-IYA-1 r DDA I CNLR? I I O TECH f FILING I I I ICOMM SR I REMOTE LAW DDA O TECH TECH DATA TERM OPJ CLERK I 1/2 ENTRY I { DDA J I I REMOTE CHILD OMM SRV O TECH TERM OP SEX TECH RECEP I ASSLT 1/2 "' O TECH I _UNIT I 112 l OMM SR DDA TECH 1/2 DRUG F-T Pendin ) ENFORCE I UNIT ` O TECH I r DDA ] O TECH 1 r O TECH 1/2 I 31. Job Descriptions JOB DESCRIPTION Position: Community Services Counselor II Department: District Attorney's Office - Community Programs Division, Victim/Witness Immediate Supervisor: Community Programs Administrator, Victim/Witness General Supervisors: District Attorney and Assistant District Attorney Supervisory Functions: None Job Qualifications: Must have a Bachelor of Arts or Bachelor of Science degree; knowledge of the criminal justice system; be acquainted with the various community services available to victims of crime; speak and write in a professional manner; have and maintain a current valid Colorado driver's license; have some counseling background; work well with people in crisis; have some computer background; work well with statistic gathering and reporting; some knowledge of grant management; knowledge of and experience with direct services related to crime victims, including domestic violence and sexual assault victims. Date of Job Description: May 22, 2000 Job Duties: 1. Assist the Crime Victim Compensation (CVC) Coordinator in the day-to-day operation of the CVC Program, including managing case files, preparing claims for board meetings, completing meeting minutes, updating monthly financial analysis, processing emergency financial awards, explaining eligibility criteria and helping victims to complete forms, facilitating clerical support of program, etc. 2. Provide information to victims and witnesses concerning the status and progress of cases in which they have an interest, including calling off witnesses for court proceedings as needed. 3. Offer information and education to crime victims and witnesses concerning the criminal justice system. 4. In a manner that maximizes referrals to existing community programs and limits actual counseling, provide referral assistance and limited crisis response to crime victims and their families. (Note: As employees of the District Attorney's Office are subject to rules of"discovery," information obtained from victims and witnesses of crimes that the office is prosecuting must be very limited, and referrals for services to outside agencies need to be utilized.) 5. Help crime victims to provide victim impact statements and restitution information for cases being prosecuted, as needed. 6. Coordinate the program's Senior Project, including seeking and training volunteers, providing needed in-service trainings, providing daily assistance to volunteers, keeping them updated on office policies and procedures, providing needed follow-up information to pass on to victims and witnesses contacted, and maintaining a statistical record of hours worked and duties performed. 7. Assist the District Attorney in hosting the quarterly District Attorney's Citizens Advisory Commission meetings, including making necessary arrangements and in providing required notices to members. 8. Speak to and provide training for various individuals, agencies, and professional groups concerning the Crime Victim Compensation Program, the Victims Rights Act, and other services provided by the Victim/Witness Program. 9. Actively participate in the Weld County Domestic Violence Coalition, the Area Agency on Aging's Long-term Care Committee, and other local and state meetings related to job duties. JOB DESCRIPTION Position: Community Services Technician I Department: District Attorney's Office - Community Programs Division, Victim/Witness Immediate Supervisor: Community Programs Administrator, Victim/Witness General Supervisors: District Attorney and Assistant District Attorney Supervisory Functions: None Job Qualifications: Effective knowledge of spelling, punctuation and grammar, and office practices and procedures, including reception duties and telephone skills, is essential. Requires proficiency in data entry and/or typing, with speed and accuracy, familiarity with operation of office equipment, and personal computer experience, including use of word processing and other software. Needs to have an ability to learn legal terminology, to work well with minimal direct supervision, to follow verbal and written instructions, and to communicate effectively verbally and in writing. Must be able to establish and maintain effective working relationships with other employees, agencies, professionals and the public. A high school diploma or equivalent is required, and some college or related work experience is preferred. Date of Job Description: May 22, 2000 Job Duties: 1. Coordinate, together with other assigned staff and volunteers, the Courtroom Assistance Program (CAP), including staying informed and keeping accurate records of County, Juvenile and District Court trials, planning and assisting prosecutors with trial coordination, keeping accurate logs and computer records concerning each trial, providing staff coverage for waiting area and courtroom, as needed, and other duties as assigned. 2. Along with other assigned staff, prepare a County Court docket in advance of each week, communicate with attorneys concerning case status information, obtain witness lists, as needed, including phone numbers, for"call offs" and trial coordination and, whenever applicable, verify that all "call offs" have been made. 3. Complete assigned "call offs" of witnesses for District, County and Juvenile Court cases which have reached a plea agreement, been continued, vacated or dismissed, and document all notifications. 4. Help crime victims by providing education regarding the criminal justice system, information and referral to victim services, Crime Victim Compensation eligibility information and application assistance, and other needed help, as assigned. 5. Provide support for the program's efforts related to domestic violence victims, the Crime Victim Compensation Program, and the Victim Rights Act, including data entry, phone calls, correspondences, and so forth, as assigned and as prescribed by relevant policies and procedures. 6. Other duties include receiving cross training and providing backup coverage for the Office Technicians, as needed. 32. Volunteer Job Descriptions—VOCA Only • JOB DESCRIPTION Position: Victim/Witness Volunteer Department: District Attorney's Office - Community Programs Division, Victim/Witness Immediate Supervisor: Community Programs Administrator, Victim/Witness General Supervisors: District Attorney and Assistant District Attorney Supervisory Functions: None Job Qualifications: Effective knowledge of spelling, punctuation and grammar, and general office practices and procedures, including good telephone skills, is essential. General knowledge and ability with personal computers and data entry, including word processing software, is helpful. Must have good organizational skills, and duties need to be performed with attention to detail and accuracy. Needs to have an ability to learn legal terminology, to follow verbal and written instructions, and to become familiar with the criminal justice system and community resources. Must have good written and verbal communication skills, and be able to establish and maintain effective working relationships with other employees, professionals, agencies and the public. Experience in working with the public is helpful. A high school diploma or equivalent is required, and some college or related work experience is preferred. Date of Job Description: May 22, 2000 Job Duties: 1. If assigned, to assist the Community Services Counselor II in coordinating the Senior Project, including contacting senior crime victims, using in-person, telephone and letter contacts, compile and send special senior information packets, documenting all contacts made, and updating office records, as required. 2. If assigned, to assist the Courtroom Assistance Program's (CAP) staff, including keeping accurate records of County, Juvenile and District Court trials, planning and assisting prosecutors with trial coordination, keeping accurate logs and computer records concerning each trial, providing coverage for the waiting area and courtroom, and other duties. 3. After training, to provide information to victims concerning community resources, to provide education and support to victims regarding the criminal justice system, to help victims in applying for Crime Victim Compensation, and to provide other assistance, as assigned. 4. To become familiar with all aspects of the Victim/Witness Program, including Victim Rights Act notices, Crime Victim Compensation assistance, Victim Assistance and Law Enforcement (VALE) grants, et al, and to complete duties in some of these areas, if assigned. 5. To study and adhere to all relevant policies and procedures of the District Attorney's Office, as explained in the DA Handbook. 33. Board Members (Private Non-Profits) (NOT APPLICABLE) 34. Proof of Non-Profit (501 (c)) Status (New Applicants Only) (NOT APPLICABLE) • 35. Audit or Financial Review—One Copy Only (COPY OF AUDIT ENCLOSED SEPERATELY) 36. Verification of Applicant's Ability to Accept State VALE Funds (NOT APPLICABLE) 37. Required Memoranda of Understanding (MOU) (NOT APPLICABLE) Hello