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HomeMy WebLinkAbout20201166.tiffRESOLUTION RE: APPROVE APPLICATION FOR JUVENILE DIVERSION AND MARIJUANA TAX CASH FUNDS FOR RESTORATIVE JUSTICE SERVICES AND AUTHORIZE ELECTRONIC SUBMITTAL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Application for Juvenile Diversion and Marijuana Tax Cash Funds for Restorative Justice Services from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, Juvenile Diversion Program, to the Colorado Department of Public Safety, Division of Criminal Justice, commencing July 1, 2020, and ending June 30, 2021, 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 Application for Juvenile Diversion and Marijuana Tax Cash Funds for Restorative Justice Services from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, Juvenile Diversion Program, to the Colorado Department of Public Safety, Division of Criminal Justice, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that Kirsta Britton, 19th Judicial District Attorney's Office, be, and hereby is, authorized to submit said application on behalf of the Chair. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datifwo XL;4i Weld County Clerk to the Board BY: Deputy Clerk to the Boar APPR ' ' AS T ounty Attorney Date of signature: 4/2/2O CC:DA003),ACTCsc/c0) 5/19/x,O Mike Freeman, Chair Steve Kevin D. Ross 2020-1166 DA0027 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Juvenile Diversion Funding Allocation plan DEPARTMENT: District Attorney DATE: 4/13/20 PERSON REQUESTING: Kirsta Britton Brief description of the problem/issue: Senate Bill 19-108, colloquially known as the Juvenile Justice Reform bill, changed the Division of Criminal Justice competitive grant process to a funding allocation. The funding allocation is based on a formula that factors juvenile population, geographic size, and poverty rates of the jurisdiction. For Weld County/19th Judicial District, the amount to fund Juvenile Diversion is $153,000 per state fiscal year. Attached is the plan for Diversion in Weld County. The Diversion program has been funded through the DCJ competitive grant and the state Restorative Justice Council funds. Starting July 1, 2020, this will be funded via this DCJ Juvenile Diversion allocation only, however, the activities What options exist for the Board? (include consequences, impacts, costs, etc. of options): This allocation plan is due to the state April 28, 2020 at 8am. Please move this item to a formal board vote so it can be submitted by the due date. Recommendation: Move this item to a formal board vote. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Approve Schedule Recommendation Work Session Other/Comments: O(11O0) 2020-1166 PAOO Q7 ZCOMGRANTS Colorado Division of Criminal Justice Juvenile Diversion and Marijuana Cash Tax Fund - SFY20-21 4/30/2020 deadline Email This Preview Save as PDF Print Close Window A District Attorney's Office, 19th Judicial District Weld County Juvenile Diversion Program Jump to: Statement of Work & Application Questions Budget Summary Tables Documents $ 153,000.00 Requested Project Contact Kirsta Britton kbritton@co.weld.co.us Tel: 970-400-4775 Additional Contacts District Attorney's Office, 19th Judicial District Telephone970-356-4010 915 10th St. Fax 970-392-4572 Greeley, CO 80631-1117 Web http://www.co.weld.co.us/Departments/DistrictAttorney/ United States EIN 846000813 DUNS 075757955 Chair of the Board SAM 1/19/2021 Mike Freeman Expires mfreeman@weldgov.com Statement of Work & Application Questions t p Project Duration 1. Project Start Date MM/DD/YYYY 07/01/2020 2. Project End Date MM/DD/YYYY 6/30/2021 Application Type 3. Select the Application Type that you would be completing. ✓ 2020 - 2021 Juvenile Diversion Allocation I— 2021 - 2022 Juvenile Diversion Allocation r 2022 - 2023 Juvenile Diversion Allocation E DCJ Grant Manager only - Administration Project Officials 4. Project Director: Name Enter salutation, first, last, title, agency (e.g. Mrs.Sally Smith, Program Coordinator, ABC Company) Kirsta Britton 5. Project Director: Email Address kbritton@co.weld.co.us 6. Project Director: Phone Number 970-400-4775 7. Financial Officer: Name Enter salutation, first, last, title, agency (e.g. Mr. John Doe, Senior Accountant, ABC Accounting Services) Barb Connolly 8. Financial Officer: Email Address bconnolly@weldgov.com 9. Financial Officer: Phone Number 970-400-4445 10. Signature Authority: Name Enter salutation, first, last, title, agency (e.g. Ms. Jane Austen, County Commissioner Chair, ABC Company) Mike Freeman 11. Signature Authority: Mailing Street Address 1150 O Street, PO Box 758 12. Signature Authority: City, State, Zip Greeley, CO 80631 13. Signature Authority: Email Address mfreeman@weldgov.com 14. Signature Authority: Phone Number 970-336-7204 Statement of Work 15. Implementing Agency (if doing business as another agency) Please include the Agency Name, Mailing Address, and Phone Number Weld County District Attorney's Office PO Box 1167 Greeley, CO 80632 16. Project Plan The Weld County District Attorney's Office Juvenile Diversion Program has been providing Diversion to first time juvenile offenders since 2005, with an emphasis on Restorative Justice conferencing for Diversion participants since 2013, when the program was named a RJ Pilot Program as a part of HB 13-1254. Allocated funding will support one Juvenile Diversion Case Manager, costs associated with the Diversion Program, and will fund Restorative Justice services through a contracted agent. The program seeks to match first time offenders with the appropriate level of services upon their first contact with law enforcement. The program philosophy is that providing the proper services as soon as possible will best address a juveniles needs and therefore, be a preventative measure in eliminating future law violations. Through understanding the juvenile and the communities' needs, not all juveniles are appropriate for the low level of supervision that Diversion provides; therefore, the program does not accept all juveniles referred to the program. Diversion sanctions strive to repair the harm done to the juveniles' community, including their school, neighborhood, trust with parents or guardians, and the victim. Diversion participants receive case management and appropriate referrals to community -based programs, which could include Restorative Justice. The Model Programs Guide recommends basic case management and restorative justice principles for this population. The Weld County District Attorney's Office Diversion program is a pre -file Diversion program with referrals coming from the Juvenile Unit of the District Attorney's Office. Cases are staffed at intake and determined who will be offered Diversion. Cases determined eligible complete a Diversion intake, case management, and referrals to community based agencies. After successful termination, the case goes into a No File status in the CDAC database Action Viewer. Cases that are filed at intake and are later determined to be Diversion eligible can still be referred by any party to the case. These cases are dismissed upon intake to the Diversion program. The number of cases handled post -file and dismissed for Diversion are increasing significantly as players in the courtroom are better versed in Diversion. At Diversion intake, juveniles complete intake paperwork, the MAYSI II and an intake interview. The AUDIT (Alcohol Use Disorder Identification Test) and CUDIT (Cannabis Use Identification Test) are used to gain more information on use patterns, when indicated. Implementing a supplemental substance tool was a goal for January of 2016 and this AUDIT and CUDIT have been satisfactory. The intake paperwork and interview are designed to determine suitability for service options, the level of case management needed, and what referrals might be appropriate. The MAYSI II affirms the need for treatment, and which type of treatment, will be included in the Diversion contract and referrals. Substance and mental health treatment are referred to outside agents who complete a further assessment. The Arizona Risk/Needs Assessment Instrument has been utilized for a few years now, to determine risk level of re -offense. As a screening tool will be required to be administered on all cases prior to Diversion determination starting January 1, 2021, program staff will continue to use a screening tool, just at a different time point. All first time offenders aged 10-17 will be considered for diversion services. Violent, drug related, or sex offenses are not eligible. Juveniles with active gang affiliation are not eligible for Diversion. Additionally, all cases that range from a petty offense to a class 3 felony are assessed for a referral to Restorative Justice programming. Services provided are consistent with the findings of effective programs through the on -going DCJ Diversion evaluation conducted by OMNI. Standardized screenings are used to evaluate the juvenile and their family systems. An agreement is made based on these results. Appropriate referrals are made to a wide network of community -based services which can include evidence -based programs such as Multi -Systemic therapy and Restorative Justice Conferencing. Many aspects of the program follow the 8 Principles for Effective Interventions when appropriate, specifically when addressing the Target Interventions. Services are provided to this low -risk level cohort for approximately three months. All participants receive case management, in varying degrees according to participant needs. The current goal will be to divert 150 juveniles from traditional prosecution per year. This is done at a cost of approximately $1020 per juvenile per year. Steps that Diversion program staff take to aide a juvenile case through the Diversion program include administering risk screening tools, reviewing cases for acceptance, administration of mental health and substance abuse screens, creation of a Diversion contract with a clear understanding that contract items must be completed, maintaining records in CDAC and ETO databases, case management, screening and submitting referrals for treatment needs or referral to Restorative Justice conferencing, supervision and monitoring for compliance, and collecting and reporting data. If those juveniles were to go through the traditional judicial process requiring the time of judges, court personnel and probation officers, the cost to serve those juveniles would be significantly higher. In 2013, Weld County was named as a pilot project site in HB 13-1254. This pilot project evaluated 4 sites statewide as they used Restorative Justice Conferencing as a component of Diversion. The DA's Office Diversion program has an MOU with a local non-profit program, Youth and Family Connections, to offer RJ conferences to Diversion participants. Current offerings by this agency include Conference Circles, ReStore shoplifting conferences, and substance use group conferences. As a result of being a pilot program, Restorative Justice is wholly integrated within the processes at this point. A significant amount of the funding allocation will be used to further this collaboration and continue to provide Restorative Justice services to Juvenile Diversion participants in Weld County. The structure of the Weld County Diversion program was built intentionally so that Diversion is the least restrictive level of supervision for a juvenile who has committed a criminal offense. Diversion follows the trends of the local probation department and educates prosecutors offering pleas to ensure that Diversion remains the least restrictive option. If a juvenile were to be non -compliant with their agreement, a meeting will be held where additional sanctions will be assigned. Frequently parents have been consulted first and parents and the case manager work to help the juvenile come up with their own graduated sanctions. If a new law violation has been committed or if despite efforts the juvenile is still non- compliant, the case will be filed with the court and traditional prosecution ensues. As a matter of graduated sanctions, the juvenile is required to proceed through the court process and face the consequences of their initial criminal behavior and the issue of non-compliance with the diversion program. Successful completion of agreements are verified by the juvenile providing proof that the conditions have been complied with during the expected time frames with no new law violations resulting in a delinquency filing. Upon verification of successful completion, the case receives "no file" status in the Colorado District Attorneys' Council database Action, noting completion of the Diversion Program as an explanation for why charges are not filed. Cases that do not successfully complete sanctions or where a new law violation occurs are filed with the Court and are prosecuted accordingly. 17. Provide a brief narrative of collaborative efforts and additional agencies included in planning and implementation of project / program. The Diversion Director is the current chair of the JSPC in the 19th, an influential committee in the juvenile justice system. The Diversion Program partners with a local non-profit to provide Restorative Justice services to Diversion participants. This collaboration has been in existence since 2013 and part of the funds from the allocation will support that service and collaboration. Youth are frequently referred to treatment and other community based services based on their identified need. 18. Describe how evidence -based programs and practices are utilized in operation of this program. The program was developed based on the community needs and did not duplicate an existing Evidence -Based Program, however, the program unintentionally replicated many aspects of the Adolescent Diversion Program from Michigan State University, a program rated Effective by the National Institute of Justice (crimesolutions.gov), as this program also diverts youth from formal processing into community based services. Additionally, the program frequently refers to Restorative Justice (promising), Functional Family Therapy (effective), Multisystemic Therapy (effective), Strengthening Families (effective), and community based mentoring (there are three options available locally that combine effective and promising components). All of these programs can be found in the OJJDP Model Programs Guide. Additionally, the program is able to measure success using evaluation data from OMNI. 19. If incentives will be included in the services to be provided, specifically describe the incentives, how eligibility to receive incentives will be determined, how they will be administered, and how they will be tracked. Enter "NA"if incentives are not included. NA 20. Funding Sources by Percentage Indicate the estimated percentage of funding represented by each of the following for your total juvenile diversion budget. 51 % DCJ / State allocation 491 % County / Municipality % Other State Funding 0 0� % Federal 0 °/0 Foundation 0 % Other 100.00 TOTAL 21. Eligible populations to be served (check all that apply): ✓ First-time Offenders ✓ Low risk IT Medium risk 17 High risk ✓ Misdemeanor IT Felony 1 or 2 • Felony 3 ✓ Felony 4 ✓ Felony 5 ✓ Felony 6 IT Sex Offense IT Drug Offense ✓ Weapon Offense ✓ Minor in Possession of Alcohol or Marijuana 22. List assessment(s) or risk screening tool(s) being utilized for diversion -eligible youth. Currently, the MAYSI II, Arizona Risk and Needs Assessment, AUDIT and/or CUDIT (Alcohol/Cannabis Use Disorder Identification Test), the CRAFFT, or the VIPR S (Violence Injury Protection and Risk Screen) are used. Not all tools are used for every juvenile if not indicated. 23. What services does your agency provide in house for juveniles in your program? (check all that apply) I— Substance Use Treatment E Mental Health Treatment ✓ Teen Court lu Education / Tutoring ▪ Life Skills I— Restorative Justice I— Victim / Offender Mediation I— Community Service ✓ Restitution ✓ Employment j/ Vocational E Drug / Alcohol Classes E Offense Specific Classes • Pro -social Activities I— Family Counseling 24. What services does your agency outsource for juveniles in your program? (check all that apply) ✓ Substance Use Treatment ✓ Mental Health Treatment I— Teen Court ✓ Education / Tutoring I— Life Skills ✓ Restorative Justice ✓ Victim / Offender Mediation ✓ Community Service ✓ Restitution ✓ Employment j/ Vocational ✓ Drug / Alcohol Classes ✓ Offense Specific Classes ✓ Pro -social Activities ✓ Family Counseling 25. How are you utilizing additional funds to expand or enhance previous programming (if applicable)? The Weld DA Diversion Program strives to match families to existing community based services that families are able to access and utilize outside of judicial involvement. One great partnership has been with the non-profit agency, Youth and Family Connections, to provide RJ conferencing for Diversion participants. A portion of allocated funds will support Restorative Justice at that agency so that they are able to provide RJ conferencing to Diversion youth. Restorative Justice programming allows the program to serve youth that might not otherwise fit with other community programming, therefore wouldn't be eligible for Diversion. The use of RJ has allowed the program to expand who is able to be served by Weld County Diversion. This is a valuable partnership for Diversion youth but also for victims and schools in Weld County, 26. How are you providing minority youth with equitable opportunities to access diversion services? The biggest impact on minority youth getting equitable access to Diversion was when processes were changed so that Diversion staff were able to review every single case, rather than be referred cases from a third party. Deputy District Attorney's revolve through juvenile assignments fairly quickly as they advance in their careers. As such, being beholden to frequently changing prosecutors with their own biases referring cases meant that there did not seem to be equitable access. Once Diversion staff were able to look at every case, in conjunction with many trainings on bias, anecdotally these numbers were able to change to reflect a more equitable distribution of Diversion opportunities. Generally, Weld County Diversion participants have been more likely to be Hispanic females, which is opposite of the statewide data. This has not been the breakout for the current fiscal year which is interesting as that's been a long held trend. However, the program did question the relatively lower number of males served and has focused on boys access to Diversion in the past year. This reflects that focusing on underserved populations can be effective in providing equitable opportunities for Diversion. The Director was approached by OMNI to see when screening changes occurred to determine if it could be shown that Diversion staff reviewing every case could elicit a more equitable distribution of Diversion. Unfortunately, these changes predated existing data and so that couldn't be studied. However, it is a priority for Diversion participant data to at least match the demographics of the community. Budget Summary top Budget Summary Requested/Awarded Diversion Grant Funds Project Total Project Total Personnel $ 82,236.00 $ 82,236.00 $ 208,659.00 Supplies and Operating $ 764.00 $ 764.00 $ 764.00 Travel $ 5,000.00 $ 5,000.00 $ 5,000.00 Equipment $ 0.00 $ 0.00 $ 0.00 Consultants / Contracts Indirect Total Tables t p Goals & Objectives GOAL 1 Goal 1 Objective 1.1 Objective Outcome Measurement Timeframe Objective 1.2 Objective Outcome Measurement Timeframe Objective 1.3 Objective Outcome Measurement Timeframe GOAL 2 Goal 2 Objective 2.1 Objective Outcome Measurement Timeframe Objective 2.2 Objective Outcome Measurement Timeframe Objective 2.3 Objective Outcome Measurement Timeframe GOAL 3 Goal 3 Objective 3.1 Objective Outcome $ 65,000.00 $ 0.00 $ 153,000.00 $ 65,000.00 $ 65,000.00 $ 0.00 $ 18,000.00 $ 153,000.00 $ 297,423.00 Reduce the number of juvenile delinquency filings/cases by successfully diverting juveniles from the traditional justice system. Interview juveniles referred to Diversion, screen using the MAYSI II, deliver appropriate sanctions and referrals, and provide case management for Diversion clients. 150 youth will be served; 100% of consenting youth will be screened with the MAYSI II, 30% will be referred for a formalized assessment, 75% of youth will receive services to which they are referred, 80% of youth will complete their agreement, fewer than 15% of youth will reoffend within one year of program completion. ETO/DCJ Database, Excel Spreadsheet and client record, CDAC Action database and Colorado Courts Data Access database. By June 30, 2021 Utilize Restorative Justice as a component of Diversion programming. Include RJ staff in Diversion intakes and refer participants to Restorative Justice conferencing when indicated. 65% of Diversion participants will be referred to Restorative Justice Programming. 90% of participants referred to RJ will successfully complete conferences. ETO/DCJ Database, Excel Spreadsheet and client record, CDAC Action database. By June 30, 2021 Measurement Timeframe Objective 3.2 Objective Outcome Measurement Timeframe Objective 3.3 Objective Outcome Measurement Timeframe Project Evaluation Project Evaluation- Describe the approach for evaluating the project in response to the stated objectives, outcomes and measurements. See instructions for further information. Personnel: Budget & Budget Narrative Details Annual % Salary Position Base Salary To Be Title Annual Base to be Paid Annual Personnel and Salary by Paid By Base Fringe Diversion Name Diversion Funds 1 Director $ 86,588.00 $ 0.00 0.00 % $ 39,830.00 of Diversion Funds Annual % Fringe Fringe to To be Annual Base Fringe To Budget Narrative & be Paid by Paid by Salary + Be Paid By Justification Diversion Diversion Funds Funds Fringe Diversion Funds $ 0.00 0.00 % $ Total Base Total Salary + 126,418.00 $ 0.00 60% of time is spent on this project, with none of the allocation supporting this position. Salary is based on the Counties scheduled pay scale and representative of 15 years program experience. Fringe is calculated by using the following percentage of the salary: Social Security 7.65%, Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and savings plan payments 10.75%, life insurance and accidental death and dismemberment .575%, health insurance premium 11.8%, short and long term disability .5375%, vacation 4.61%, holiday 4.25% and sick time 2.30% for a total of approximately 42.6%. An estimated 3% cost of living increase will likely occur January 2021 and is factored into requested amounts. This increase will be for all County employee salaries. A salary survey in 2016 shows the salary is less than other Diversion Directors in District Attorney's Offices. This position does all administration, supervision, collaboration, and evaluation efforts for Diversion and is a member of the DA's Office management team. 2 Case $ 56,326.00 $ 56,326.00 100.00 % $ 25,910.00 $ 25,910.00 100.00 % $ 82,236.00 $ 82,236.00 The amount requested Manager will fund the Case manager salary. Salary is based on the Counties scheduled pay scale and is commensurate with experience. Fringe is calculated by using the following percentage of the salary: Social Security 7.65%, Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and savings plan payments 10.75%, life insurance and accidental death and dismemberment .575%, health insurance premium 11.8%, short and long term disability .5375%, vacation 4.61%, holiday 4.25% and sick time 2.30% for a total of approximately 42.6%. An estimated 3% cost of living increase will likely occur January 2021. This increase will be for all County employee salaries. The case manager salary was set after reviewing the pay rates of similar positions in the County and is also reflective of rates of pay for other Diversion counselors in the state, per the 2016 salary survey. Complete job descriptions are attached as required. 3 4 5 6 7 $ $ $ $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ $ $ 0.00 $ 0.00 $ 142,914.00 $ 56,326.00 39 % $ 65,740.00 $ 25,910.00 39 %$208,654.00 $82,236.00 Non -Personnel: Budget Narrative Details Amount To Be Budget Item Item Paid By Diversion Budget Narrative and Justification Funds SUPPLIES & OPERATING S&O 1 264 $ 264 This will fund basic office supplies to include business cards, copy paper, triplicate forms, cleaning supplies, snacks for juveniles while participating in Diversion activities. S&O 2 500 $ 500 Conference registration. While a specific conference has yet to be determined, this is consistent with conference registration costs for years past. S&O3 $ S&O 4 S&O 5 S&O 6 S&O 7 S&O 8 S&O 9 S&O 10 Supplies & Operating Total TRAVEL Ti T2 T3 T4 T5 T6 T7 T8 T9 T 10 Travel Total $ 764 5000 $ 5,000 Anticipated travel costs include at least three trips to Denver and related travel expenses to attend conferences, including air and ground transportation, hotel and meal expenses. Mileage is estimated at the Weld County reimbursement rate of $.54/mile. $ 5,000 EQUIPMENT (Items over $5,000 PER UNIT and with a useful life of more than a year) E1 E2 E3 E4 E5 E6 E7 E8 E9 E 10 Equipment Total $ 0 $0 CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES) CC 1 CC 2 CC 3 CC 4 CC 5 CC 6 CC 7 Restorative $ 65,000 The Weld County District Attomey's Office will contract with a local non-profit with Jusitce Restorative Justice Programming to provide Restorative Justice conferencing for Diversion participants. This is an established relationship with a community partner. CC 8 CC 9 CC 10 Consultants/Contracts Total INDIRECT I1 Discrete costs Indirect Total Total Documents top $ 65,000 $ 18,000 Discrete costs include expenses to include building and grounds, phone and technology, personnel and accounting services. $ 18,000 $ 88,764 Documents Requested * Financial Management Questionnaire download template Job Descriptions for Grant -Funded Positions MOU with DCJ-Funded Collaborators List of Board Members (Required for Community -Based Programs) Form 4A Form 4B Form 4C Form 4D Form 16 Form 17 Audit/Financial Review Organizational Chart Certificate of Insurance (Required for Community -Based Programs) CAC Certification/Substance Use Disorder State Licensure Agency License to Provide Substance Use Disorder Treatment Budget Revision Worksheet Award Acceptance and Revisions Certificate Required? 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