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Agenda Item
ASR
Control 26-000117 |
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MEETING
DATE: |
04/14/26 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
District
Attorney (Approved) |
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Department contact person(s): |
Matthew
Pettit (714) 347-8440 |
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Susan
Price (714) 347-8723 |
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Subject: Amendment for Deferred Entry of
Judgement Program Services
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Consent
Calendar |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: $38,170
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Prior Board Action: 3/26/2024 #11, 4/25/2023 #11,
4/28/2020 #30, 4/9/2019 #23 |
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RECOMMENDED
ACTION(S):
Authorize the County Procurement
Officer or Deputized designee to execute Amendment Number One to Contract
MA-026-25011217 with Rancho Santiago Community College District dba Santa Ana
College for Deferred Entry of Judgment Program Services for the period of May
1, 2026, through April 30, 2027.
SUMMARY:
Approval of the Amendment with
Rancho Santiago Community College District dba Santa Ana College will allow the
Orange County District Attorney to continue to offer a diversion program for
those that have been charged with a misdemeanor offense.
BACKGROUND
INFORMATION:
The Orange County District Attorney
(OCDA) offers a Deferred Entry of Judgment Program (DEJP), which is a
misdemeanor diversion program where defendants may be offered the opportunity
to attend educational classes in lieu of fines and/or jail time. Misdemeanor diversion programs have been
proven to substantially reduce recidivism and thus improve public safety. The defendants’ eligibility and suitability
for the program are at the sole discretion of the OCDA's office. Programs require the defendant to pay his/her
program fees, any administrative fees due to the OCDA's office for collection
of a DNA sample (which is required for program participation), restitution (if
applicable) and attend a class provided by an outside provider.
The OCDA also offers an Offender
Treatment Program (OTP) for defendants diagnosed with substance use disorder by
providing educational classes and treatment for criminal thinking and substance
abuse with the goal of reducing recidivism.
The program is offered to defendants who offer a plea, provide a DNA
sample (and pay associated fees), and enroll and complete an OTP/DEJP (offender
pleads, sentencing in six months) or as an OTP/District Attorney Continuance
Program (misdemeanor drug offenses only; no pleas, case continued for six
months).
On January 27, 2009, the County of
Orange Board of Supervisors (Board) adopted Resolution 09-009 authorizing the
collection of a $75 fee from defendants to recover a portion of the
administrative costs associated with collecting and processing DNA samples.
On April 9, 2019, the Board
rescinded Resolution 09-009 and adopted Resolution 19-022 changing the
collection fee from $75 to $110 from defendants to recover a portion of the
administrative costs associated with collecting and processing DNA samples.
On November 8, 2019, a Request for
Proposal (RFP) was issued for DEJP services and the OCDA received two
proposals. Contracts were awarded to
Rancho Santiago Community College District dba Santa Ana College (RSCCD) and
Pacific Educational Services, Inc. (PES).
The following is the past County of
Orange Board of Supervisors (Board) actions related to contracts for Deferred
Entry of Judgment Program Services
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Board
of Supervisor (Board) Approved |
Contract or
Amendment and Contract Term |
Contract
Amount |
Comments |
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4/28/2020 |
Contract 5/1/2020 – 4/30/2023 |
$0.00 |
New
Contract MA-026-20011095 was approved by the Board pursuant to Deferred Entry
of Judgment Programs Services per County’s 2019 Contract Policy Manual
§3.3-102(1)(a). |
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4/25/2023 |
Amendment 5/1/2023 – 4/30/2024 |
$0.00 |
Amendment
One to Contract MA-026-20011095 was approved by the Board pursuant to
Deferred Entry of Judgment Programs Services per County’s 2019 Contract
Policy Manual §3.3-102(1)(a). |
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3/26/2024 |
Amendment 5/1/2024 – 4/30/2025 |
$0.00 |
Amendment
Two to Contract MA-026-20011095 was approved by the Board pursuant to
Deferred Entry of Judgment Programs Services per County’s 2019 Contract
Policy Manual §3.3-102(1)(a). |
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n/a |
Contract 5/1/2025 – 4/30/2026 |
$0.00 |
Contract
MA-026-25011217 administratively executed per County’s 2024 §3.3-106. |
On April 30, 2025, the OCDA
administratively executed Contract MA-026-25011217 as a bridge contract
extending Contract MA-026-20011095 for one year with no other changes to its
terms and conditions so that the OCDA could issue an RFP for DEJP services. The sixth year of services has been provided
under a new contract number because RSCCD’s Board of Trustees limits service
contracts to five-year terms.
The most recent RFP for DEJP
services did not produce as many proposals as expected. Therefore, the OCDA requests the Board’s
approval to execute Amendment One to extend RSCCD’s current contract by one
year. Approval of the Amendment will
allow the OCDA to continue the DEJP with RSCCD for the term of May 1, 2026,
through April 30, 2027, to allow the OCDA time to issue a new RFP for a
three-year contract renewable for one additional two-year term.
The Contractor’s performance has
been confirmed as satisfactory. The OCDA
has verified there are no concerns that must be addressed with respect to
Contractor’s ownership/name, litigation status or conflicts with County
interests. The Orange County Preference
Policy is not applicable to these amendments.
Statistics
The following are the number of
clients that were referred to PES and RSCCD during calendar years of 2020
through 2025.
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1. |
During calendar
year 2020, the OCDA referred 703 clients to PES and 192 to RSCCD. |
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2. |
During calendar
year 2021, the OCDA referred 1,881 clients to PES and 342 to RSCCD. |
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3. |
During calendar
year 2022, the OCDA referred 1,530 clients to PES and 186 to RSCCD. |
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4. |
During calendar
year 2023, the OCDA referred 722 clients to PES and 433 to RSCCD. |
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5. |
During calendar
year 2024, the OCDA referred 283 clients to PES and 565 to RSCCD. |
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6. |
During calendar
year 2025, the OCDA referred 179 clients to PES and 369 to RSCCD. |
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Future revenue from the collection of the
DNA fee will vary due to service demand generated from those defendants that
decide to participate in this program.
Future revenue from RSCCD is estimated at approximately $27,500 for the
requested one-year period.
Subcontracts
These Contracts do not currently
include subcontractors or pass through to other providers. See Attachment B for the Contract Summary
Form.
FINANCIAL
IMPACT:
Revenue related to these Contracts
is included in District Attorney FY 2025-26 Budget and will be included in
future year's budget These Contracts
contain language allowing the District Attorney to terminate the Contracts or
reduce the level of services without penalty with or without cause.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Amendment Number One to Contract MA-026-25011217
Attachment B - Contract Summary Form