HomeMy WebLinkAbout20193683.tiffChloe Rempel
From:
Sent:
To:
Cc:
Subject:
Kirsta Britton
Thursday, October 29, 2020 11:08 AM
Jan Warwick
Chloe Rempel; Mariah Higgins
RE: CTB Temp Status Update
Hi Jan, we had a ton of back and forth with the state about this because there were a lot of moving parts at once. We
had this signed locally and then things changed at the state and we didn't submit it so I don't have a signature back on
it.
Kirsta Britton
Director of Diversion
Weld County District Attorney's Office
915 10th Street
P.O. Box 1167
Greeley, CO 80632
970-400-4775
From: Jan Warwick <jwarwick@weldgov.com>
Sent: Thursday, October 29, 2020 11:06 AM
To: Kirsta Britton <kbritton@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Mariah Higgins <mhiggins@weldgov.com>
Subject: CTB Temp Status Update
Good morning,
This email serves as a status update for documents from the Commissioner's Agenda that are pending final
signatures from various sources. When final signatures are obtained, please remember to send a copy to the
Clerk to the Board's Office to ensure the Commissioners' final Resolution is signed, the Resolution is
distributed, and the complete document is finalized. The query included items pending as of today's date, so
there are items from recent Agendas that understandably may not have final signatures yet.
*If it is not possible to gain the final signature of a document, especially in cases of documents prior to 2019,
please respond as such with an explanation for us to scan into Tyler in lieu of the final signature.
1. 20193683, Amendment #1 to Grant Agreement for Juvenile Diversion Program, signatures of State of
Colorado, Department of Public Safety, Division of Criminal Justice designees, page 3.
Thank you,
08114
1
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Jan Warwick
Deputy Clerk to the Board
Weld County
1150 0 Street
Greeley, CO 80631
tel: 970-400-4217
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
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2
RESOLUTION
RE: APPROVE AMENDMENT #1 TO GRANT AGREEMENT FOR JUVENILE DIVERSION
PROGRAM AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #1 to Grant Agreement for
the Juvenile Diversion Program between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District
Attorney's Office, and the Colorado Department of Public Safety, Division of Criminal Justice,
commencing upon full execution of signatures, and ending June 30, 2020, with further terms and
conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to Grant Agreement for the Juvenile Diversion Program
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, and the
Colorado Department of Public Safety, Division of Criminal Justice, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL.RADO
ATTEST: w .,,d4 „k,
Weld County Clerk to the Board
BY:
APP
Deputy Clerk to the Board
County ttorney
Date of signature: 0V2 ' '/
arbaaraKirkmeyer, / hair
Mi a Freeman Pro -T
Sean P. Conw
. James
Steve Moreno
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2019-3683
DA0027
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Division of Criminal Justice Juvenile Diversion Continuation Application
DEPARTMENT: District Attorney DATE: 7/22/19
PERSON REQUESTING: Kirsta Britton
Brief description of the problem/issue:
The DCJ Juvenile Diversion grant has funded the District Attorney's Office Juvenile Diversion Program since
2006 through a competitive grant process. A statement of grant award was previously approved and signed by
the Commissioners to accept the grant award for the 19-20 fiscal year. After that was approved, Senate Bill 19-
108, the Juvenile Justice Reform bill, was signed into law. This bill changes the DCJ Juvenile Diversion
competitive grant to a funding allocation whereby all Judicial Districts in the state will have Juvenile Diversion
funded through a to -be -determined funding formula. This funding model will be effective January 1, 2020. As
such, the previously signed grant award requires an amendment to reflect that the competitive grant will fund the
Weld County Juvenile Diversion Program through December 2019. After that time, the program will be funded
through the allocation.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Please provide consent to move these items to a Board agenda for authorization for signatures.
Recommendation:
Approve
Recommendation
Sean P. Conway
Scott James
Mike Freeman, Pro Tem
Barbara Kirkmeyer, Chair
Steve Moreno
Schedule
Work Session
Other/Comments:
2019-3683
Grantee: District Attorney's Office, 19th Judicial District (Weld)
Project: Weld County Juvenile Diversion- Year 3
DCJ Grant #: 2020 -DV -20-30016-19
GRANT AMENDMENT #01
SIGNATURE AND COVER PAGE
State Agency
Department of Public Safety, Division of Criminal Justice
Original Grant Number
2020 -DV -20-30016-19
Grantee
Weld County
Amendment CMS Number
N/A
Agreement Performance Beginning Date (Start Date)
July 1, 2019
Current Agreement Expiration Date (End Date)
December 31, 2019
Agreement Maximum Amount
State Fiscal Year 2019-2020 $47,683
Total for All State Fiscal Years: $47,683
Grantee Match Amount Required
State Fiscal Year 2019-2020 $15,891
Total Match Required from Grantee: $15,891
Match Percentage Required: 25%
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Party authorizing his or her signature.
GRANTEE
Weld County
By: Mike Freeman, Pro-Tem BOCC
Date: AUG 1' 4 2019
STATE OF COLORADO
Jared Polis, Governor
Department of Public Safety, Division of Criminal Justice
Stan Hilkey, Executive Director
By: Division of Criminal Justice
O Joe Thome, Director, or
O Debbie Oldenettel, Deputy Director
Date:
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Lyndsay J. Clelland, Contract and Grants Coordinator,
Department of Public Safety, Division of Criminal Justice
Amendment Effective Date:
Amendment Grant Number: 01
Page 1 of 3
OSC 1116_1 (DCJ 3/5/19)
oZol9-36.36)
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
1. PARTIES
This Amendment (the "Amendment") to the Original Grant shown on the Signature and Cover
Page for this Amendment (the "Contract") is entered into by and between the Grantee, and the
State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Grant shall be construed and interpreted in accordance with the Grant.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment. The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date, and shall have
no obligation to pay Grantee for any Work performed or expense incurred under this
Amendment either before or after of the Amendment term shown in §3.B of this Amendment.
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Grant
contained herein shall commence on the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment or July 1, 2019, whichever is later and shall terminate
on the termination of the Grant.
4. PURPOSE
SB19-108, Juvenile Justice Reform Bill was approved in the 2019 Legislative Session, creating the
Committee on Juvenile Justice Reform (Committee). This committee shall establish guidelines on
the use of Juvenile Diversion grant funds. As a result, all Juvenile Diversion Grant agreements
with a begin date of July 1, 2019, shall end on December 31, 2019. This change will allow new
grant agreements to be issued in accordance with Committee funding decision.
The original 12 -month project period of July 1, 2019 to June 30, 2020, is shortened by this
amendment, to a 6 -month period of July 1, 2019 to December 31, 2019; and the maximum amount
is changed to approximately 50% of the original award amount for this 6 -month period.
5. MODIFICATIONS
The Grant and all prior amendments thereto, if any, are modified as follows:
A. The Grant Maximum Amount table on the Grant's Signature and Cover Page is hereby
deleted and replaced with the Current Grant Maximum Amount table shown on the Signature
and Cover Page for this Amendment.
B. The Grant Agreement Exhibit D — Statement of Work. The attached Exhibit D is
incorporated herein and replaces all prior iterations of the Statement of Work.
C. The Grant Agreement Exhibit E — Budget and Budget Narrative. The attached Exhibit E
is incorporated herein and replaces all prior iterations of the Budget and Budget Narrative.
Amendment Grant Number: 01
Page 2 of 3 OSC 1116_1 (DCJ 3/5/19)
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Grant, and the Grant and all prior
amendments or other modifications to the Grant, if any, remain in full force and effect except as
specifically modified in this Amendment. Except for the Special Provisions contained in the Grant,
in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this
Amendment and any of the provisions of the Grant or any prior modification to the Grant, the
provisions of this Amendment shall in all respects supersede, govern, and control. The provisions
of this Amendment shall only supersede, govern, and control over the Special Provisions contained
in the Grant to the extent that this Amendment specifically modifies those Special Provisions.
Amendment Grant Number: 01
Page 3 of 3 OSC 1116_1 (DCJ 3/5/19)
Grantee: District Attorney's Office, 19th Judicial District (Weld)
Project: Weld County Juvenile Diversion- Year 3
EXHIBIT D, STATEMENT OF WORK
DCJ Grant #: 2020 -DV -20-30016-19
Project Description:
A.) The Weld County District Attorney's Office Juvenile Diversion 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.
B.) 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. 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.
C.) 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.
While the MAYSI II and supplemental substance screens have been incredibly helpful in making
mental health and substance referrals, a risk level screening tool is also helpful. During the Center for
Juvenile Justice Reform (CJJR) Juvenile Diversion Certificate Program, the Arizona Risk/Needs
Assessment Instrument was presented as a part of training. While little further information has been
found, despite reaching out to people in Arizona with assistance from DCJ, this tool helps quantify the
risk level of the juveniles served. Using the results of the MAYSI and Arizona tool, a matrix was
established to determine risk and need level. These tools have been helpful in referencing where
juveniles scored on these screening tools and their ultimate outcomes.
D.) 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 services.
Additionally, all cases that range from a petty offense to a class 3 felony are assessed for a referral to
Restorative Justice programming.
Exhibit D
Page 1 of 3 DCJ 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
E.) 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 a minimum of 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 $640 per juvenile per year. Steps that Diversion program staff take to aide a juvenile
case through the Diversion program include 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.
F.) 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 and reports on such to the Colorado
Restorative Justice Council. Current offerings by this agency include Conference Circles, ReStore
shoplifting conferences, and substance use group conferences. Some funding for diversion program
administration is provided by State RJ Council funds. Restorative Justice is wholly integrated within
our processes at this point.
G.) 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.
H.) Successful completion of the agreements are determined by the juvenile having provided proof that
the conditions have been complied with during the expected time frames with no new law violations
resulting in a delinquency filing. 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.
Exhibit D
Page 2 of 3 DCJ 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld)
Project: Weld County Juvenile Diversion- Year 3
Goals & Objectives:
DCJ Grant #: 2020 -DV -20-30016-19
GOAL 1
Goal Reduce the number of juvenile delinquency filings/cases by successfully diverting juveniles from the traditional
justice system.
Objective 1.1
Objective Interview juveniles referred to Diversion, screen using the MAYSI II, deliver appropriate sanctions and referrals, and
provide case management for Diversion clients.
Outcome
75 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.
Measurement ET0 Database, Excel Spreadsheet and client record, CDAC Action database and Colorado Courts Data Access
database.
Timeframe By December 31, 2019
Exhibit D
Page 3 of 3 DCJ 02/19
Personnel
Supplies & Operating
Travel
Consultants / Contracts
Indirect
Total
Grantee: District Attorney's Office, 19th Judicial District (Weld)
Project: Weld County Juvenile Diversion- Year 3
EXHIBIT E, BUDGET
DCJ Grant #: 2020 -DV -20-30016-19
Budget Summary Requested/Awarded
Grant Funds Cash Match In -Kind Match Match Total Project Total
$46, 968 $15,656 $ 0 $15,656 $62,624
$75 $25 $ 0 $25 $100
$265 $85 $ 0 $85 $350
$375 $125 $ 0 $125 $500
$0 $0 $0 $0 $0
$47,683 $15,891 $ 0 $15,891 $63, 574
Personnel: Budget & Budget Narrative Details
Position Tide Annual Base Annual Base %To Annual Fringe Annual Fringe To %To Be Total Annual Total Base Cash Match In- Total
and Name Salary Salary To Be Be Paid Be Paid By Grant Paid By Base Salary+ Salary+ Kind Match
Paid By Grant By Funds Grant Fringe ge Fringe To Be Match Committed
Funds Grant Funds Paid By to this
Funds Grant Funds Project
Director of $ 84,064 $10,323 12.28%$ 35,837 $7,671 21.4% $ 119,901 $17,994 $5,998 $ 0 $5,998
Diversion,
Kirsta Britton
Budget and 60% of time is spent on this project, 30% is being requested and 10% of the total salary will be provided as cash match. Salary is
Match based on the Counties scheduled pay scale and representative of 14 years program experience. Fringe is calculated by using the
Narrative & following percentage of the salary: Social Security 7.65%, Unemployment Compensation .09%, workers compensation insurance
Justification: 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 2020 and is factored into requested amounts.
This increase will be for all County employee salaries. The current estimated pay rate for a similar local Director position is a base
salary near $95,000 plus fringe. 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. Total annual fringe + salary = $35,988 / 2 = $17,994 for 6 months pd by grant
Case Manager, $ 54,169 $20,314 375% $ 23,092 $8,660 375% $ 77,261 $28,974 $9,658 $ 0 $9,658
Erica Barraza
Budget and The amount requested will fund 75% of the Case manager salary and 25% will be provided as cash match. Salary is based on the
Match Counties scheduled pay scale and is commensurate with experience. Fringe is calculated by using the following percentage of the
Narrative & salary: Social Security 7.65%, Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and
Justification: 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 2020 and a county mandated 3% step increase based on time in position
and is factored into requested amounts. 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. Total annual fringe + salary = $57,946 / 2 =
$28,974 for 6 months pd by grant
Total $ 138,233 $30,637 22% $ 58,929 $16,331 28% $ 197,162 $46, 968 $15,656 $ 0 $15, 656
Exhibit E
Page 1 of 1 DCJ 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld)
Project: Weld County Juvenile Diversion- Year 3
DCJ Grant #: 2020 -DV -20-30016-19
Non -Personnel: Budget & Budget Narrative Details
Budget Item Amount To Cash In- Budget and Match Narrative and Justification
Be Paid By Match Kind
Grant Funds Match
SUPPLIES & OPERATING
Office supplies $75 $25 $ 0 Line items to include office supplies are estimated to cost $100 for 6 months, which is a
decreased amount based on the office moving to a paperless system. Items to be purchased
will include receipt books ($35/year), business cards ($30/year), calendars/planners
($35/year), dividers, paper, envelopes, and other general office supplies (pens, paperclips,
post -its, tablets, etc) to be replenished at a rate of approximately $8.33/month, registration
fees for training, and if needed, school supplies for the juveniles participating in the
program. This cost estimate is based on the amount that we have historically used annually
for these items.
Supplies & Operating $75 $25 $ 0
Total
Budget Item
Amount To
Cash
In-
Budget and Match Narrative and Justification
Be Paid By
Match Kind
Grant Funds
Match
TRAVEL
In -state travel
$265
$85
$ 0
Anticipated travel costs include at least one trip to Denver for administrative meetings or
trainings with DCJ. Trainings are only attended when fiscally prudent. Based on historical
actual costs, mileage is estimated at the Weld County reimbursement rate of 650 miles at
$.54/mile. \
Travel Total
$265
$85
$ 0
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
Evaluator
$375
$125
$0
It is not anticipated that the diversion program will be contracting specifically
with an individual or business to provide direct services to the juvenile or their
families in the program. The exception is the required expense by DCJ for
the Evaluator and the ETO database.
Consultants/Contracts
$375
$125
$ 0
Total
INDIRECT
N/A
$0
$0
$0
Indirect Total
$ 0
$ 0
$ 0
Total Non -Personnel $715
$235
$ 0
Exhibit E
Page 2 of 2 DCJ 02/19
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