AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 19-000890
MEETING DATE:	11/03/20
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	Sheriff-Coroner (Approved)
Department contact person(s):	Dave Sawyer (714) 647-1802
	Joe Balicki (714) 647-4655

Subject: Renewal Amendment Number Four to Satellite Tracking of People LLC. Contract

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $195,047

Annual Cost: FY 2021-22 $195,047

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: State: 100% (AB 109)	County Audit in last 3 years: No

Prior Board Action: 7/30/2019 #13, 11/20/2018 #20, 1/24/2017 #24, 2/23/2016 #2

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or authorized Deputy to execute Amendment Number Four to renew the Satellite Tracking of People LLC. contract for the provision of continuous electronic monitoring services and equipment, for the term of January 1, 2021 through December 31, 2021, in an amount not to exceed $390,094, for a cumulative total contract amount not to exceed $2,470,595.

Review the rules and regulations of the Sheriff-Coroner Department's home detention monitoring programs for misdemeanor inmates pursuant to Penal Code Sections 1203.017 and 1203.018, as previously adopted by Board Resolution 12-137.

SUMMARY:

Approval of Amendment Number Four to the Satellite Tracking of People LLC. contract will allow the Sheriff-Coroner Department to provide continuous electronic monitoring services and equipment utilizing a Global Positioning Satellite system for misdemeanor inmates, manage potential overcrowding in the jails, and review rules and regulations of Sheriff's inmate home detention electronic monitoring programs as statutorily required.

BACKGROUND INFORMATION:

The Criminal Justice Realignment Act of 2011 (Act), formerly known as Assembly Bill 109, shifted the responsibility for the custody of certain non-violent offenders from the State of California to counties. Because most counties did not have the capacity to absorb this inmate shift, the Act provided for alternative custody programs, such as supervised electronic monitoring. California Penal Code Section 1203.017 provides for counties to offer a program under which sentenced misdemeanor inmates are required to participate in an involuntary home detention program that includes electronic monitoring, in lieu of confinement in the county jail, due to lack of adequate jail space. While the current program participation is low, the Sheriff-Coroner Department (Sheriff) would like to maintain an electronic monitoring contract to accommodate any unanticipated increase in inmate populations. For those inmates that are appropriate for the program, an electronic monitoring contract also allows inmates to maintain familial ties and employment, and receive counseling, if ordered, to achieve the most successful outcome.

In addition, California Penal Code Section 1203.018 provides for counties to offer a program under which pre-trial misdemeanor inmates may voluntarily participate in a home detention program that includes electronic monitoring. An electronic monitoring contract allows a pre-trial misdemeanor inmate to continue to be employed while awaiting the trial date.

Because the Orange County jail did not anticipate having the bed capacity to accommodate the inmates who will require confinement, on September 25, 2012, the Board of Supervisors (Board) adopted Resolution 12-137, which authorizes home detention electronic monitoring programs in accordance with Penal Code Sections 1203.017 and 1203.018, and adopted rules and regulations governing the programs. The Board also authorized Sheriff to act as the County's Correctional Administrator for the purpose of administering the home detention electronic monitoring programs pursuant to Penal Code Sections 1203.017 and 1203.018.

The following details the recent contract history with Satellite Tracking of People LLC. to provide continuous electronic monitoring services and equipment using a Global Positioning Satellite system.

Board Approved	Amendment Number or Contract	Contract Term	Contract Amount	Comments
2/23/16	Contract	3/5/16 - 12/31/17	$520,125	New contract, subject to the provisions of the Western States Contracting Alliance (WSCA) Contract Number 00212 as the CMAS contract was not available. The WSCA contract rate was $4.10 per inmate per day. *
1/24/17	1	1/1/17 - 12/31/18	$780,188	Retroactive approval of two-year contract. *
11/20/18	2	1/1/19 - 12/31/19	$390,094	Renewed contract for one-year term at the same rate of $4.10 per inmate per day. *
7/30/19	3	1/1/20 - 12/31/20	$390,094	Renewed contract for one-year term at the same rate of $4.10 per inmate per day. *

*The Board also reviewed the rules and regulations of the home detention electronic monitoring programs for misdemeanor inmates as required annually pursuant to Penal Code Sections 1203.017 and 1203.018.

Sheriff now requests approval of Amendment Number Four to Contract MA-060-16011313 with Satellite Tracking of People LLC. to renew the contract for the provision of continuous electronic monitoring services and equipment, for the term of January 1, 2021, through December 31, 2021, in an amount not to exceed $390,094. The rate of $4.10 per inmate per day remains the same. Additionally, Sheriff requests the annual review of the rules and regulations of the home detention electronic monitoring programs for misdemeanor inmates pursuant to Penal Code Sections 1203.017 and 1203.018.

Contractor performance has been confirmed as at least satisfactory. The Department has verified that there are no concerns that must be addressed with respect to contractor's ownership/name, litigation status or conflicts with County interests. This contract does not currently include subcontractors or pass through to other providers. See Attachment E for the Contract Summary Form.

FINANCIAL IMPACT:

Appropriations for this contract are included in the Sheriff-Coroner Department's FY 2020-21 Budget for Budget Control 060, and will be included in the budgeting process for future fiscal years. This contract contains language allowing the Sheriff-Coroner Department to terminate the contract or reduce the level of services without penalty with cause or without cause in the event that funding is reduced and/or not available to continue funding the contract.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Amendment Number Four to Contract MA-060-16011313
Attachment B - Redline Version of Previous Amendment
Attachment C - California Penal Code Section 1203.017
Attachment D - California Penal Code Section 1203.018
Attachment E - Contract Summary Form
Attachment F - Rules and Regulations - Involuntary Home Detention Program
Attachment G - Rules and Regulations - Supervised Electronic Monitoring Program