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Agenda Item
ASR
Control 21-000428 |
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MEETING DATE: |
05/25/21 |
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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: |
Probation
(Approved) |
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Department contact
person(s): |
Steve Sandoval (949) 206-4182 |
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Bryan Prieto (714) 645-7002 |
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Subject: Contract Amendment and
Renewal for Supervised Electronic Confinement Program
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
FY 2021-22 $836,000 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 05/19/2020
#56, 05/21/2019 #64, 05/22/2018 #51, 06/06/2017 #49 |
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RECOMMENDED ACTION(S):
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1. |
Reaffirm continued designation of the Chief Probation Officer as the Correctional Administrator of the supervised electronic confinement program in accordance with Penal Code 1203.016 and Board of Supervisors Resolution No. 89-425. |
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2. |
Authorize the Chief Probation Officer or designee to execute Amendment Five to renew and amend contract with American Justice Solutions, Inc. dba CorrectiveSolutions for the provision of full case management services under the supervised electronic confinement program using a global positioning satellite system, effective July 1, 2021, through June 30, 2022, to restructure it from a revenue generating contract to a fixed fee expenditure contract in an amount not to exceed $836,000. |
SUMMARY:
Reaffirming the designation of the Chief Probation Officer as the Correctional Administrator supervising the program will enable the County to comply with legislation enacted due to the recent passage of state Assembly Bill 1869, prohibiting counties from charging fees associated with the administration of the local criminal justice system, including the electronic monitoring program, and approval of Amendment Five with American Justice Solutions, Inc. dba CorrectiveSolutions will allow continued full case management services under the supervised electronic confinement program, and round-the-clock monitoring of designated offenders supervised by the Probation Department.
BACKGROUND INFORMATION:
Penal Code section 1203.016 authorizes the Chief Probation Officer, with Board of Supervisors (Board) approval, to administer an electronic home detention program. Board Resolution No. 89-425 designates the Chief Probation Officer as the County Correctional Administrator for the Supervised Electronic Confinement (SEC) program. The SEC Program monitors low-risk, non-violent adult offenders outside of jail, thereby reserving jail beds for more serious offenders. The Chief Probation Officer has the sole discretion to determine acceptance of participants into the SEC program.
During the past five-year contract terms, American Justice Solutions, Inc. dba Corrective Solutions (Corrective) charged offenders on a sliding fee scale to cover program costs and to partially reimburse the County for its administrative expenses, providing Probation with payment of 30 percent of its monthly gross receipts for participants 21 years of age and over. The recent passing of state Assembly Bill 1869 (AB1869), prohibits counties from charging program participants for fees associated with the administration of the local criminal justice system, including the SEC program. This bill takes effect July 1, 2021, and has financial impact to the County as it requires converting this contract (as well as any future electronic confinement program agreements) from a revenue contract (client funded) to a fixed fee expenditure contract. While there are state funds available from FY 2021-22 to FY 2025-26 fiscal year to allocate to counties in order to backfill lost revenue due to repeal of the fees, there is no guarantee the County will receive any of those funds or that the funds will be sufficient to cover the costs of the program.
The Board approved the initial contract with Corrective on May 24, 2016, for the term of July 1, 2016, through June 30, 2017. The contract provided for four additional one-year renewals, subject to the Board's approval. The Board approved the first renewal on June 6, 2017, for the term of July 1, 2017 through June 30, 2018. On May 22, 2018, the Board approved the second contract renewal, for the term of July 1, 2018, through June 30, 2019. On May 21, 2019, the Board approved the third contract renewal, for the term of July 1, 2019, through June 30, 2020. On May 19, 2020, the contract was approved by delegated authority according to COVID-19 Board resolution, for the fourth contract renewal, for the term of July 1, 2020, through June 30, 2021
The average number of daily participants in SEC between July 1, 2018, and June 30, 2019, (prior to the COVID-19 pandemic) was 130. Between July 1, 2020, to the present, there is an estimated average daily participant rate of 51. The table below provides a one-day snapshot of SEC participants on March 12, 2021. On that date, there were 72 SEC participants in the program.
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Employment/School
Status for SEC Participants enrolled as of March 12, 2021 |
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Number of SEC Participants |
72 |
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Employed |
86% |
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Enrolled/Attending School |
--- |
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Disabled or Retired |
1% |
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Unemployed |
13% |
The summary below reflects the revenue received for the term of July 1, 2016, through June 30, 2020, in addition to the estimated revenue for the current contract term. Also included is the future year cost estimate based on the historical daily averages and current vendor pricing (additional schedule below).
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Contract Period |
Revenue (prior to AB1869) |
Daily Average
Participants |
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7/1/16 - 6/30/17 (actual) |
$452,129 |
187 |
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7/1/17 - 6/30/18 (actual) |
$364,893 |
151 |
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7/1/18 – 6/30/19 (actual) |
$389,835 |
130 |
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7/1/19 – 6/30/20 (actual) |
$242,659 |
92 |
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7/1/20 – 6/30/21 (estimated) |
$230,000 |
51 |
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7/1/21 – 6/30/22 (estimated) |
N/A |
120 |
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Total |
$1,594,156 |
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Amendment Five -
Fee Schedule (7/1/21 - 6/30/22) |
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Device/Service |
Unit |
Per Unit Cost |
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One-time Enrollment Fee |
Per Participant |
$65.00 |
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Daily GPS Monitoring Fee |
Per Day |
$13.51 |
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Daily Breath Alcohol Device Fee (if participant also is on GPS device) |
Per Day |
$5.25 |
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Drug Tests |
Per Test |
$38.50 |
Probation is seeking the Board’s approval to renew and amend the contract for the sixth and final year, effective July 1, 2021, through June 30, 2022. This contract includes subcontractors. While Corrective provides full-case management services, equipment is obtained from Satellite Tracking of People, LLC and Attenti, and urinalysis testing is performed by Abbott Laboratories, Inc. See Attachment E for information regarding subcontractors and the Contract Summary Form. Due to the nature of the services, it may require the addition of subcontractors. In order to add subcontractor(s) to the contract, the contractor must seek express consent from Probation. Should the addition of a subcontractor affect the scope of work or the contract amount, Probation will bring the item back to the Board for approval.
The Contractor’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 interest. Additionally, Probation has implemented procedures to ensure that Corrective’s performance is evaluated and documented throughout the contract term. Performance requirements include communicating to Probation officers any global positioning system inclusion or exclusion zone violations and tamper alerts. Probation continues to review and reconcile records relating to offender participation to ensure accuracy. In addition, Probation will continue its practice of conducting audits of randomly selected SEC participants within a 30-day period, with results reported quarterly. During this contract term, there have been no findings in the audits performed or concerns with Corrective’s performance.
FINANCIAL IMPACT:
Appropriations for the Contract will be included in Budget Control 057 FY 2021-22 Budget. As a result of the impacts of AB1869, the contract is being converted from a revenue generating contract to an expenditure contract. The contract contains language that will allow for immediate termination or modification if funding for the administration of this contract were to be reduced and/or not available, without penalty.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Amendment Five to Contract MA-057-16011911
Attachment B – Penal Code Section 1203.016
Attachment C - Resolution 89-425 Supervised Electronic Confinement Program
Attachment D - Assembly Bill No. 1869
Attachment E - Contract Summary Form
Attachment F - Redline Version of Previous Amendment