Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  22-000793

 

MEETING DATE:

09/13/22

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Probation   (Approved)

Department contact person(s):

Daniel Hernandez (714) 645-7001 

 

 

Catherine Stiver (714) 645-7013

 

 

Subject:  Retroactive Approval of MOU for Pretrial Services

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: See Financial Impact Section

Annual Cost: N/A

 

 

 

    Staffing Impact:

See Staffing Impact Section

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: State: 100% (Court SB 129 Pretrial Funding)

County Audit in last 3 years: No

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

Authorize the County Executive Officer and Chief Probation Officer, or designees, to execute the retroactive Memorandum of Understanding (MOU) between the County of Orange, the Orange County Probation Department and the Superior Court of California, Orange County for the Pretrial Release Program for the term beginning July 1, 2022, through June 30, 2023.

 

 

 

 

 

 

SUMMARY:

 

Approval of the retroactive Memorandum of Understanding between the County of Orange, the County of Orange Probation Department and Superior Court of California - County of Orange, for the Pretrial Release Program services will allow Probation to provide Pretrial Monitoring Risk Assessment Reports and program monitoring services for pretrial defendants as contracted by the Court in compliance with SB 129.

 

 

 

BACKGROUND INFORMATION:

 

Since 2016, the Superior Court of California - County of Orange (Court), and the Orange County Probation Department (Probation) have operated the Pretrial Assessment, Release and Supervision (PARS) program. The Court’s Pretrial Service Unit (PTSU), staffed by Court Pretrial Services Officers (PTSO), interview and assess in-custody defendants through use of the Virginia Pretrial Risk Assessment Instrument (VPRAI), a validated risk assessment tool. Assessments are shared with Probation who prepare and submit Pretrial Monitoring Risk Assessment Reports (PMRAM) to the Court. These reports include Probation’s recommendations on defendants’ participation in the program. Defendants released onto the PARS program will be monitored by the Probation Department based on their VPRAI score and specific court orders.

 

The Budget Act of 2021 appropriated $140 million ($70 million ongoing) to the Judicial Council to fund the implementation and operation of court programs and practices that promote safe, efficient, fair and timely pretrial release of individuals booked into jail; Orange County’s allocation is $9,345,067 in one-time funds to be expended by June 30, 2024, and $6,541,547 ongoing. The funding is intended to provide courts with information and resources to support judicial officers in making pretrial release decisions that impose the least restrictive conditions to address public safety and return to court as well as implementation of appropriate monitoring practices and provision of services for released individuals. The control language for this appropriation requires courts to contract with any county department, including county probation departments, to provide pretrial services except for departments that have primary responsibility for making arrests or prosecuting criminal offenses; the Court has opted to contract with Probation.

 

In September 2021, the Court initiated conversations to contract with Probation to provide monitoring services. Meetings have occurred on a regular basis to negotiate a Memorandum of Understanding (MOU), PARS Guidelines (Guidelines) and a budget for monitoring services. The final agreement on the MOU, Guidelines and budget was not reached until in August 2022, shortly after the Judicial Council’s June 30, 2022 deadline. The Judicial Council was advised by the Chief Probation Officers of California that multiple counties required additional time for submission and are working with counties and courts to submit required agreements as soon as possible.

 

As included in the proposed MOU and Guidelines, subject to funding availability, Probation will provide the following:

  • Completion of PMRAMs, including recommendations on PARS participation
  • Monitoring of defendants released on PARS, including supportive services
  • Completion of progress reports for court hearings
  • Completion of Non-Compliance reports

 

The monitoring services, as detailed in the PARS Guidelines 2022 (Exhibit B to Attachment A), are consistent with recommended best practices monitoring and supervision strategies.  The pretrial monitoring of defendants released by the Court focuses on supporting the defendant in attending court hearings and reducing the risk factors that may increase the likelihood of a new law violation. To accomplish this, Deputy Probation Officers (DPOs) may employ a variety of strategies such as court date reminders, office visits and referrals to supportive services.  These strategies differ from the supervision practices of formally supervised probation clients which are primarily driven by risk, need and responsivity practices to reduce recidivism and improve client outcomes. 

 

Due to the continued negotiations with the court on funding, the MOU and PARS Guidelines, the final agreement was not reached until August 2022, therefore Probation is seeking retroactive approval of the MOU for the PARS program. This will allow for funding of the Probation Officers that are assigned to the PARS program as of July 1, 2022. Subsequent to the Board’s authorization, the Court will submit the MOU and Program Guidelines to the Judicial Council for review and approval.

 

 

 

FINANCIAL IMPACT:

 

The MOU for Probation services to the Court includes funding allocations included in the State Budget. The estimated expenses to be reimbursed are incorporated in the SB 129 Pretrial Release Program Proposed Expenditures (Exhibit A to Attachment A), subject to mid-year adjustments and funding availability. Probation’s estimated expenses are included in the FY 2022-23 Budget, in Budget Control 057. Budgets may be modified during the FY 2022-23 Mid-Year Budget adjustments to reflect changes in the estimated cost agreed upon by both parties based on actual usage of services and upon funding availability. The Proposed Program Expenditures is based on a fully operational PARS program; at this time, contracted services and full staffing are not in place at this time.

 

 

 

STAFFING IMPACT:

 

Probation has currently assigned four full-time DPOs, one full-time Supervising Probation Officer and one Information Processing Technician in support of the PARS program. The SB 129 Pretrial Release Program Proposed Expenditures includes two additional DPOs and the addition of Case Aids. The Department will utilize vacant DPO positions to fully staff the program as soon as the Department is able to hire additional DPOs and as caseloads warrant the assignment of the staff. Duties and proper classification of the Case Aids, which will provide lower level assistance and linkage to services among other support to the DPOs, are in development. Once the proper classification is determined, the department will utilize the position reallocation process if vacant positions are available or will return to the board for addition of new positions if needed.

 

Time spent by other staff that support the program (Information Technology Staff, Management, Administrative & Fiscal Staff, etc.) are included in the SB 129 Pretrial Release Program Proposed Expenditures (Attachment A, Exhibit A).

 

 

 

ATTACHMENT(S):

 

Attachment A- MOU – SB129 Pretrial Release Program
Attachment B- Risk Assessment Form