Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-001000

 

MEETING DATE:

12/07/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Probation   (Approved)

Department contact person(s):

Steve Sandoval (949) 206-4182 

 

 

Catherine Stiver (714) 645-7013

 

 

Subject:  Approve Contract for Continuous Electronic Monitoring

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $250,000

Annual Cost: FY 2022-23 $500,000
FY 2023-24 $500,000
FY 2024-25 $250,000

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: GF: 75%, State: 25% (2011 Realignment AB 109 15%, JJCPA 10%)

County Audit in last 3 years: No

 

 

    Prior Board Action: 11/17/2020 #24

 

RECOMMENDED ACTION(S):

 

Authorize the Chief Probation Officer, or designee, to execute the Contract with Satellite Tracking of People, LLC., for continuous electronic monitoring services using global positioning satellite equipment for the term of January 1, 2022, through December 31, 2024, in an amount not to exceed $1,500,000, renewable for two additional one-year terms.

 

 

 

SUMMARY:

 

Approval of the Contract with Satellite Tracking of People, LLC. will provide for continuous electronic monitoring services of adult and juvenile offenders using global positioning satellite equipment to promote offender accountability and compliance with terms and conditions of probation.

 

 

BACKGROUND INFORMATION:

 

The enactment of Senate Bill 619 in October 2005 authorized county probation departments to use continuous electronic monitoring (CEM), including global positioning satellite (GPS) technology, to supervise persons on probation under specified circumstances. The Orange County Probation Department (Probation) uses this technology to monitor certain high-risk adult sex offenders and juveniles as deemed appropriate by the Juvenile Court, or by the Chief Probation Officer with Juvenile Court authorization.

 

GPS monitoring is widely acknowledged to promote offender accountability and compliance with probation terms and conditions.  In Probation's experience, knowing the whereabouts of high-control populations is paramount for maintaining public safety. GPS monitoring has proved useful in modifying truant behavior among juveniles, and in sharing information with other law enforcement agencies for identifying or clearing suspects in crimes.

 

On November 17, 2020, the Board of Supervisors (Board) approved Amendment Three to renew the prior contract for these services for a seventh year, ending December 31, 2021, in an amount not to exceed $500,000 for a total cumulative amount of $3.5 million. That contract was issued against the Western States Contracting Alliance (WSCA) cooperative contract, which was approved by the County Procurement Office.

 

In order to ensure the County was receiving the most competitive rates, Probation issued a Request for Proposals (RFP) for these services. The RFP was advertised from August 13, 2021, through September 24, 2021, on the County’s online bidding system. Four submittals were received in response to the RFP. On October 18, 2021, the RFP evaluation panel rated all four proposing firms against the criteria set forth in the RFP and provided a recommendation to award the contract to the current incumbent, Satellite Tracking of People, LLC. (STOP). This process resulted in a cost savings of approximately $120,000 per year, as the proposed rates are $1 per unit, per day less than the current rates. As the number of offenders fluctuates based on various factors such as COVID-19, legislation, population, etc., and there is a potential for increases in populations, the recommended contract amount is the same as previous years.

 

Probation is seeking the Board’s authorization to execute the contract with STOP, for a three-year term, for the term of January 1, 2022, through December 31, 2024, in the amount not to exceed $1.5 million, with the option to renew for two additional one-year terms.

 

In FY 2020-21, a daily average of 248 adults and 70 youthful offenders, for a total of 318, were monitored under this program. The table below provides a summary of the program outcomes by exit type. Offenders who exit the program may re-enter the program and therefore may have multiple exits accounted for during this period.

 

GPS MONITORING FY 2020-21

ADULT & JUVENILE OUTCOMES

 

ADULT

JUVENILE

EXIT TYPE

Exits

Percentage

Exits

Percentage

Satisfactory

326

34.5%

419

56.0%

GPS/Supervision Violation

406

42.9%

275

36.8%

No Fault*

41

4.3%

19

2.5%

New Law Arrest**

49

5.2%

21

2.8%

New Law – Felony Conv.

65

6.9%

8

1.1%

New Law – Misd. Conv.***

59

6.2%

6

0.8%

TOTAL

946

100.0%

748

100.0%

 

*      No-Fault includes: deceased, jail surrender, medical procedure, transfer to another county or Immigration and Customs Enforcement custody

**    New Law Arrest are crimes that did not result in a conviction; includes one juvenile arrest and one adult arrest for sex crimes

***  Includes one adult misdemeanor sex crime conviction

 

The COVID-19 pandemic impacted court operations, the filing of delinquency petitions and probation operations, which reduced the number of juveniles placed on CEM and consequently the number of exits. Compared with FY 2019-20, juvenile exits decreased by 36 percent. Despite the lower numbers, rates of satisfactory exits remained stable in the FY 2020-21 for adult and juveniles on CEM.

 

STOP's performance has been confirmed as satisfactory. Probation 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 this contract award.

 

This item will be going less than the 30 days before expiring due to the last two dates in November being reserved for public hearings. The contract does not include subcontractors or pass through to other providers. See Attachment D for the Contract Summary Form.

 

 

FINANCIAL IMPACT:

 

Appropriations for this contract are included in the FY 2021-22 Budget for Budget Control 057, Probation and will be included in the budgeting process for future years.

 

The proposed contract with STOP contains language that will permit immediate reduction of services or termination of the contract due to fiscal non-appropriation, without penalty. Such provision can be triggered if the budget approved by your Honorable Board, state funding or other appropriations are not forthcoming, or otherwise become limited.

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Contract MA-057-22010600
Attachment B - Senate Bill 619
Attachment C - Summarized Individual Evaluator Score Sheets
Attachment D - Contract Summary Form