HomeMy WebLinkAboutRes 002 - Appropr Grant - Parole-Probation�JCES
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
AGENDA REQLTEST & STAFF REPORT
For Board Business Meeting of January 20, 2010
Please see directions for completing this document on the next page.
DATE: January 5, 2010
FROM: Marty Wynne Finance Phone # (541) 388-6559
TITLE OF AGENDA ITEM:
Consideration and signature of Resolution #2010-002, appropriating a new grant for Deschutes CoL my
Adult Parole & Probation.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Consideration of Resolution #2010-002, appropriating a new grant for Deschutes County Adult Par )1e
& Probation. Adult Parole & Probation will receive additional State funding of $217,305 in FY 20 10.
These resources have been made available as a result of voters passing Measure 57, which increase
sentences for specific drug trafficking and theft crimes as well as requires addiction treatment for
offenders who are at risk of reoffending. These grant funds will support the salary & benefits for tv, o
new positions. A Parole & Probation Specialist (1.00 FTE) and a Parole & Probation Officer (1.00
FTE). The personnel appropriation transfer is based on these positions for a full fiscal year, allowirg for
budgetary comparability.
FISCAL IMPLICATIONS:
This appropriation authorizes an additional $217,305 in grant resources to be expended in FY 201(
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Resolution #2010-002.
ATTENDANCE: Marty Wynne
DISTRIBUTION OF DOCUMENTS:
Marty Wynne, Finance Department 388-6559
Ken Hales, Adult Parole & Probation 317-3115
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGO-'1
A Resolution Appropriating New Grant Funds
to the Deschutes County 2009-2010 Budget
*
*
RESOLUTION NO. 2010-002
WHEREAS, Deschutes County Adult Parole & Probation will receive new State grant reven ze
totaling $217,305; and
WHEREAS, these new grant funds need to be appropriated; and
WHEREAS, ORS 294.326(2) allows the appropriation and expenditures of new grant funds
designated to specific purposes; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT
COUNTY, OREGON, as follows:
Section 1. That the following grants be budgeted:
Revenue
355-0000-334.35-00
TOTAL REVENUE:
State Grant
$217,305
$217,305
Section 2. That the following appropriations be made within the 2009-10 County Budget:
Expenditures
Personnel Services:
355-8200-423.12-27
355-8200-423.12-28
355-8200-423.21-10
355-8200-423.21-50
355-8200-423.22-01
355-8200-423.23-01
355-8200-423.25-01
355-8200-423.26-01
PAGE 1 OF 2 -RESOLUTION NO. 2010-002 (01/20/10)
Parole & Probation Specialist (1.00 FTE)
Parole & Probation Officer (1.00 FTE)
Life/Long Term Disability
Health/Dental Insurance
FICA/Medicare
PERS (Employee/Employer)
Unemployment Insurance
Workers' Compensation Ins.
37,553
44,596
659
24,682
6,285
12,733
355
2,490
Material & Services:
355-8200-423.33-27
355-8200-423.34-46
355-8200-423.61-22
355-8200-423.61-79
Total Personnel Services:
Total Material & Services:
TOTAL EXPENDITURES:
A&D Treatment (Measure 57)
Electronic Monitoring
Educational Supplies
Safety Supplies
70,000
16,202
750
1,000
$ 129,353
$ 87,952
$ 217,305
Section 2. That the Finance Director make the appropriate entries in the Deschutes Cour ty
Budget document to show the above appropriations.
DATED this
ATTEST:
Recording Secretary
PAGE 2 OF 2 -RESOLUTION NO. 2010-002 (01/20/10)
th day of January, 2010.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ALAN UNGER, Vice -Chair
TAMMY BANEY, Commissioner
Lacy Nichols
From: Marty Wynne
Sent: Monday, December 14, 2009 1:01 PM
To: Tanner Wark
Cc: Ken Hales; Lacy Nichols; Deborah Feffer; Teri Maerki
Subject: RE: Measure 57 Grant Allocation
Tanner,
We will process a resolution for the Board to adopt regarding these funds.
Marty
Original Message
From: Tanner Wark
Sent: Monday, December 14, 2009 11:22 AM
To: Marty Wynne
Cc: Ken Hales; Lacy Nichols; Deborah Feffer; Teri Maerki
Subject: Measure 57 Grant Allocation
Marty,
Please see the attached Proposed Budget Allocation for the Measure 57 Drug Addicted
Offender Program. Also attached is the IGA with DOC for those funds.
Thanks,
Tanner Wark, Administrator
Deschutes County Adult Parole and Probation 541-330-8260
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Description
(Element -Object, e.g. Time Mgmt,
Temp Help, Computer Hardware)
Parole & Probation Specialist (1.00)
Parole & Probation Officer (1.00)
Life/Long Term Disability
Health/Dental Insurance
FICA/Medicare
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Unemployment Insurance
Workers' Compensation
A&D Treatment (Measure 57)
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Educational supplies
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TOTAL
Category
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Personnel Services
Personnel Services
Personnel Services
Personnel Services
Personnel Services
Personnel Services
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Personnel Services
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LEGAL COUNSEL INTERGOVERNMENTAL AGREEMENT #4207
BETWEEN THE STATE OF OREGON AND DESCHUTES COUNTY
TABLE OF CONTENTS
I DEFINITIONS 4
II AUTHORITY AND DURATION 7
111 PLAN; PLAN MODIFICATIONS 3
IV AMENDMENTS GENERALLY 3
V DUTIES AND RESPONSIBILITIES OF COUNTY a
VI DEPARTMENT RESPONSIBILITIES 1'S
VII PERFORMANCE GOALS 1 7
VIII FUNDS 18
IX NONCOMPLIANCE 19
X INDEMNIFICATION 21
XI TERMINATION 23
XII COMPLIANCE WITH APPLICABLE LAW 24
XIII ACCESS TO RECORDS 25
XIV SURVIVAL 26
XV GOVERNING LAW; JURISDICTION; VENUE 26
XVI WAIVER 27
XVII EXECUTION AND COUNTERPARTS 27
XVIII NOTICE 28
XIX MERGER; INTEGRATION 30
EXHIBIT A COUNTY INTERVENTION PLAN and BUDGET SUMMARY 34
IGA #4207, Deschutes County
Reviewed by: VM Contracts Unit 11/09/09 Page 1 of 5
nr _9n nQ-AASH
This Agreement is between the State of Oregon acting by and through its Department of
Corrections, hereafter called DEPARTMENT, and Deschutes County, hereafter called COUNTY.
Whereas, DEPARTMENT is an agency of the State of Oregon and COUNTY is a unit of
local government of the State of Oregon and both parties desire to cooperate by agreement.
to provide correctional services in COUNTY within the requirements as authorized by ORS
423.475 to 423.565;
Whereas, the Legislative Assembly of Oregon enacted legislation establishing shared
responsibility between COUNTY corrections programs and the DEPARTMENT on a
continuing basis (ORS 423.475 to 423.565);
Whereas, ORS 144.106 provides "the supervisory authority shall use a continuum of
administrative sanctions for violations of post -prison supervision";
Whereas, Oregon Laws 2008, chapter 14 (Measure 57) was passed by voters of the State
of Oregon increasing sentences for certain drug trafficking and theft crimes, requiring
addiction treatment for certain offenders at risk of reoffending, and authorizing
DEPARTMENT to make grants to counties to provide supplemental funding;
Whereas, supplemental funds have been made available to counties for treatment of drug -
addicted persons, in accordance to OAR Chapter 291, Division 31;
Whereas, supplemental funds are made available to counties based on a formula that
matches the COUNTY's percentage share of community corrections grant-in-aid funds;
Whereas, the DEPARTMENT will administer distribution of grants to counties;
Now, therefore, THE PARTIES HERETO, in consideration of the mutual promises, terms and
conditions hereinafter provided, agree to the following:
I DEFINITIONS
A. Amendment: Any change to this Agreement that alters the terms and conditions of
the Agreement, excluding the Duration of the Agreement. Plan Modifications are
NOT Amendments.
B. Community Corrections Manager: Individual designated by COUNTY pursuant to
ORS 423.525 as responsible for administration of the community corrections
programs as set forth by the Plan.
C. Corrections Information System (CIS): A DEPARTMENT software program
containing a data base of information about inmates in prison and on probation,
parole and post -prison supervision;
D. County Corrections: All COUNTY agencies and officials who carry out the
responsibilities in ORS 423.478(2)(a) -(f).
E. County Corrections Intervention Grant: Grant(s) made by DEPARTMENT to assist
COUNTY in the implementation and operation of the Plan.
IGA #4207, Deschutes County
Reviewed by: VM Contracts Unit 11/09/09 Page 2 of 15
F. County Intervention Plan (Plan): A document developed by the COUNTY and
approved by the DEPARTMENT which describes COUNTY's approach to providing
effective interventions for drug addicted offenders under COUNTY supervision. The
County Intervention Plan is described in Exhibit A, County Intervention Pian and
Budget Summary.
G. Intervention: A response to Participant compliance of conditions of the Plan.
H. Intervention Budget Summary: A budget submitted by COUNTY and approved by
DEPARTMENT which identifies personnel, materials, services and funding
COUNTY will use to implement the Plan. COUNTY's Intervention Budget Summary
is described in Exhibit A.
I. M57 Tx: CIS Code provided in the treatment module, for which COUNTY must use
to identify the Participants with their program.
J. Participant: An offender convicted of felonies, under supervision of the COUNTY
and enrolled in the Plan.
K. Plan Modification: A written change or alteration to the Plan promulgated by
COUNTY modifying the Plan subject to ORS 423.525; or the Duration of the
Agreement..
L. Sanctions: A response to Participant violations of conditions of the Plan.
M. Supervisory Authority: The local corrections official or officials designated by
COUNTY's Board of County Commissioners or county court to operate corrections
supervision services, custodial facilities or both.
N. Texas Christian University (TCU) Assessment Tool: The Texas Christian University
Assessment tool, to be used on Participants in COUNTY program, mandated by the
DEPARTMENT.
II AUTHORITY AND DURATION
A. Authority
This Agreement is entered into pursuant to the provisions of ORS 423.520.
B. Duration
This Agreement will become effective on the date it is signed by every party to the
Agreement and all approvals have been obtained, and will remain in effect until June
30, 2011 or until terminated according to Section XI (Termination).
IGA #4207, Deschutes County
Reviewed by: VM Contracts Unit 11/09/09 Page 3 of 15
III PLAN; PLAN MODIFICATIONS
A. The Plan must be received and approved by DEPARTMENT before allocations of
funds described in Section VI11 can be made to COUNTY.
B. Plan Modifications: COUNTY and DEPARTMENT agree that the Plan must remain a
flexible instrument capable of responding to unforeseen needs and requirements. A.
copy of all Plan Modifications will be marked in sequence beginning with the
designation "Plan Modification 1" and attached to the above-mentioned Plan.
DEPARTMENT will notify COUNTY of any concerns about the modification or the
need for an amendment within a 30 calendar day period after DEPARTMENT
receives the Plan Modification.
C. Notice of Modification: No Plan Modifications shall take effect until COUNTY gives
written notice to DEPARTMENT, in a form approved by DEPARTMENT.
DEPARTMENT shall provide to COUNTY an approved form for modifications as
soon as practicable after execution of this Agreement.
D. Plan Modifications shall become effective upon the date the Plan Modification is
approved in writing by the DEPARTMENT.
IV AMENDMENTS GENERALLY
The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended, in any manner whatsoever, except by written Amendment signed by the parties.
An Amendment shall become effective only after all parties have signed and all approvals
have been obtained.
V DUTIES AND RESPONSIBILITIES OF COUNTY
A. COUNTY shall assume administrative responsibility to provide services as outlined
in the Plan.
B. COUNTY shall incorporate the principles described below into the Plan:
1. Treatment programs shall be evidence -based. Evidence -based programs
are delivered consistent with the findings in research about what works best
to reduce recidivism.
2. Assessment which is standardized, objective, and comprehensive shall be
used to prioritize treatment, determine criminal risk factors, and to determine
the proper level of care. Assessments of risk shall be based on actuarial risk
assessment tools.
3. Rules, requirements and expectations for Participants, including
consequences for success and for failure are made formal and clear by an
authority figure.
4. An individual case plan shall be developed for each Participant. The case
plan shall include criminal risk factors in addition to addiction that will be
addressed in treatment.
IGA #4207, Deschutes County Reviewed by: VM Contracts Unit 11/09/09 Page 4 of 15
5. Treatment program design shall address issues of motivation. Treatment
options shall be available for Participants consistent with their assessed
stage of change.
6. Treatment shall be based on cognitive and behavioral interventions and
social learning approaches. Treatment programs shall be of sufficient length
and intensity to produce stable behavior changes based on replacing old
patterns of thinking and behaving and learning and practicing new skills for
avoiding drug use and criminal behavior.
7 The Plan shall utilize a system of graduated Sanctions and incentives which
are swift and sure and which encourage recovery goals while holding
Participants accountable for non-compliance behaviors.
8. Weekly random drug testing shall occur, however frequency may decrease
as Participant progresses. There shall be a consequence for this or any
other rule violation, but that consequence shall not automatically result in
withdrawal from treatment. Sanctions shall be administered in a manner to
assure longer stays in treatment which are associated with good outcomes.
9. Co-ed treatment shall be avoided if possible.
10. Programs shall include relapse prevention planning and comprehensive
transition planning so that participants are more likely to adjust to the next
level of care or change in living situation.
11. Addictions treatment programs must be licensed by the State of Oregon to
provide addictions treatment.
C. COUNTY shall incorporate the following data requirements:
1. COUNTY will identify Participants through the indicating 'Y' under the M57 Tx
data field, located in the Treatment Module.
2. The start and stop date of the actual program participation, as well as
program closure, will be entered into the CIS Treatment Module
3. Program Participants will be assessed for level of severity of addiction, using
the Texas Christian University assessment tool (available at no cost), and
enter corresponding data as determined by DEPARTMENT.
D. COUNTY will follow all applicable Federal and State civil rights laws including, but
not limited to:
1. Federal Code, Title 5 USCA 7201 et seq. - Anti -discrimination in Employ-
ment.
2. Oregon Statutes, Enforcement of Civil Rights: ORS 659A.009, 659A.006,
and 659A.030.
3. Americans with Disabilities Act.
E. COUNTY will prepare and furnish such data, descriptive information and reports as
IGA #4207, Deschutes County Reviewed by: VM Contracts Unit 11/09/09 Page 5 of 15
may be requested by DEPARTMENT as needed to comply with ORS 423.520, which
states in part, "The department shall require recipients of the grants to cooperate in
the collection and sharing of data necessary to evaluate the effect of community
corrections programs on future criminal conduct." COUNTY will enter data into CIS
in a complete and timely manner. COUNTY acknowledges and agrees that
DEPARTMENT has the right to reproduce, use and disclose all or any part of such
reports, data and technical information furnished under this Agreement.
F. COUNTY will permit authorized representatives of DEPARTMENT to make such
review of records of COUNTY as may be necessary to satisfy audit and/or program
review purposes. A copy of any audit or monitoring report will be made available to
COUNTY.
G. COUNTY will follow DEPARTMENT's prescribed allotment and expenditure
reporting system in accordance with Exhibit A. This system will be used for
controlling County Corrections intervention Grant funds by DEPARTMENT and to
provide suitable records for an audit.
H. If funding from DEPARTMENT is reduced or discontinued by legislative action,
COUNTY will not be required to increase use of COUNTY revenue for continuing or
maintaining corrections services as set out in this Agreement.
Participants will be identified in CIS. The start and stop date of actual program
participation as well as the reason for program closure will be entered in the
Treatment Module in CIS. COUNTY shall assess program participants for level of
severity of addiction, using the Texas Christian University screening tool (available at
no -cost). Participants will be required to sign a consent to have data pulled from two
existing state data basis: PRISM which provides information about employment, and
CPMS which provides information about treatment.
VI DEPARTMENT RESPONSIBILITIES
A. Participate according to this Agreement.
B. Provide funding as described in Section VIII of this Agreement.
C. Furnish COUNTY, in a timely manner, those rules, administrative directives and
procedures required for COUNTY to meet its obligations described herein.
D. Subject to system capacity and data processing capabilities, DEPARTMENT will
furnish data, descriptive information and reports, available to DEPARTMENT and
requested by COUNTY that will assist COUNTY in complying with DEPARTMENT
requirements. DEPARTMENT hereby grants to COUNTY the right to reproduce,
use, and disclose all or part of such reports, data, and technical information
furnished under this Agreement.
E. If by legislative action, funding from DEPARTMENT is reduced to COUNTY,
DEPARTMENT agrees to provide reasonable notice and transition opportunity to
COUNTY of changes that may significantly alter approved appropriations and
programs.
IGA #4207, Deschutes County
Reviewed by: VM Contracts Unit 11/09/09 Page 6 of 15
F. DEPARTMENT will provide technical assistance to COUNTY in implementing and
evaluating COUNTY's Plan.
G. DEPARTMENT will automate both the required Texas Christian University
assessment tool and the M57 Tx data field.
VII PERFORMANCE GOALS
Interventions funded under this Agreement will be evaluated by the DEPARTMENT for
treatment effectiveness. Goals for the evaluation are to determine if:
A. Treatment programs are evidence -based, as evaluated by the Corrections Prograri
Checklist.
B. Recidivism is reduced: Participants will recidivate at lower rates than similar untreated
offenders.
C. Participants reduce drug use: Results of random urinalysis will be analyzed.
D. Participants show evidence of improved community functioning: improved
community functioning will be measured by successful completion of the program
and through the existing community corrections performance measures (successful
completion of supervision, employment, payment of restitution and/or community
service work).
VIII FUNDS
A. Exhibit A identifies the County Corrections Intervention Grant funds authorized under
this Agreement for the implementation of the Plan during the term of this Agreement.
B. Equal annual payments to COUNTY will occur as soon as possible after execution of
this Agreement.
C. DEPARTMENT will submit payment to COUNTY to the Authorized Representative
identified in Section XVIII.
D. Both parties agree that all reallocations of funds within programs shall require a Pian
Modification, in accordance with Section 111 of this Agreement.
E. Unexpended Funds: Fund balances remaining after June 30, 2011 may be retained
by the COUNTY for the provision of on-going supervision, correctional services, and
sanctions in accordance with the Plan. To retain the unexpended funds COUNTY
must submit a Plan Modification to DEPARTMENT reflecting the on-going services
and requesting an extension of the Duration of the Agreement.
F. Unauthorized Expenditures: Any grant funds expended for unauthorized purposes
will be deducted by DEPARTMENT from payment or refunded to DEPARTMENT
upon request.
G. Maximum Grant Amount. Grant funds are based upon COUNTY's Application for
Supplemental Funds. Unless amended, the maximum, not -to -exceed County
Corrections Intervention Grant payable to COUNTY under this Agreement is
$434,609. The maximum grant amount may be increased only by written
IGA #4207, Deschutes County
Reviewed by: VM Contracts Unit 11/09/09 Page 7 of 15
amendment of this Agreement which is signed by ail parties and with all required
State approvals.
IX NONCOMPLIANCE
A. The Administrator or designee of the Community Corrections Division shall annually
review COUNTY's compliance with this Agreement under ORS 423.500 to 423.560.
COUNTY must substantially comply with the provisions of the Plan received by
DEPARMENT and this Agreement.
B. If, upon review, DEPARTMENT determines that there are reasonable grounds to
believe that COUNTY is not in substantial compliance with the Agreement or Plan,
including but not limited to standards of evidence -based treatment programs as
required in Section V.B.1, DEPARTMENT shall contact COUNTY regarding the
alleged noncompliance and offer technical assistance to reach compliance. If
COUNTY does not resolve the alleged noncompliance, DEPARTMENT shall, after
giving COUNTY not less than 30 calendar days' notice, conduct a hearing to
ascertain whether there is substantial compliance or satisfactory progress being
made toward compliance. After technical assistance, which may include peer review
or other assistance, is provided and the hearing occurs, DEPARTMENT may
suspend any portion of the funding made available to COUNTY under the Plan until
COUNTY complies as required.
C. In the event that a dispute arises, COUNTY may appeal to the Director of the
Department of Corrections.
X INDEMNIFICATION
A. To the extent permitted by Article XI, Section 7 of the Oregon Constitution,
DEPARTMENT shall indemnify and hold harmless COUNTY and its officers,
employees and agents from claims arising from:
1. Injury to any person or damage to property caused by the negligence or other
wrongful acts or omissions of DEPARTMENT or DEPARTMENT's officers,
employees, or agents; or
2. Failure of DEPARTMENT to perform or fulfill its responsibilities under this
Agreement or any law, through no fault of COUNTY.
B. To the extent permitted by Article XI, Section 10 of the Oregon Constitution,
COUNTY shall indemnify and hold harmless DEPARTMENT and its officers,
employees and agents from claims arising from:
1. Injury to any person or damage to property caused by the negligence or other
wrongful acts or omissions of COUNTY or COUNTY's officers, employees, or
agents; or
2. Failure of COUNTY to perform or fulfill its responsibilities under this
Agreement or any law, through no fault of DEPARTMENT.
C. Each party's obligations under this Section are subject to limitations imposed by
ORS 30.260 to 30.300 and successor statutes. The provisions of this Section are
intended to allocate risk between COUNTY and DEPARTMENT. Nothing in this
IGA #4207, Deschutes County Reviewed by: VM Contracts Unit 11/09/09 Page 8 of 15
Section is intended to confer any right to indemnity on any other person or entity or
to waive any immunity under ORS 30.260 to 30.300 or successor statutes.
D. The parties will not be required to indemnify the other for any such liability arising out
of the wrongful acts of the other's officers, employees or agents.
E. The obligation of the parties under this Section will survive termination or expiration
of this Agreement.
XI TERMINATION
A. Parties Right to Terminate at its Discretion. At its sole discretion, any party to this
Agreement may terminate this Agreement for its convenience upon ninety (90) days'
prior written notice.
B. Parties may terminate this Agreement irnmediately upon written notice if federal or
state laws, regulations, or guidelines are modified or interpreted in such a way that
DEPARTMENT or COUNTY cannot lawfully perform its obligations under this
Agreement.
C. It is understood and agreed by the parties hereto that this Agreement will remain in
force only during its term and will not continue in force after its term. There will be no
automatic extension, but this Agreement may be extended only by written consent of
the parties hereto.
D. It is understood and agreed by the parties hereto that if any part, term or provision of
this agreement, including any part, term or provision of any appended material, is
held by a court to be illegal or in conflict with any law of the State of Oregon or
applicable administrative rule, that element of the contract including relevant
appended materials will be void and without effect and will be treated by the parties
as having been terminated as of the date of determination of the voidness.
E. It is understood and agreed by the parties hereto that this Agreement will
automatically terminate if the State of Oregon provides no funding. If there is
reduced state funding, COUNTY may terminate the Agreement as described herein.
XII COMPLIANCE WITH APPLICABLE LAW
Both Parties shall comply with all federal, state and local laws, regulations, executive orders,
and ordinances to which each is subject and which is applicable to this Agreement. Without
limiting the generality of the foregoing, the parties expressly agree to comply with: (i) Title VI
of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and
administrative rules established pursuant to those laws; and (v) all other applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations. DEPARTMENT's performance under this Agreement is conditioned upon
COUNTY's compliance with the provisions of ORS 2796.220, 2798.230, 279B.235 and
279B.270, as amended from time to time, which are incorporated by reference herein. All
employers, including COUNTY, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required
Workers' Compensation coverage unless such employers are exempt under ORS 656.126.
COUNTY shall ensure that each of its subcontractors complies with these requirements.
IGA #4207, Deschutes County
Reviewed by: VM Contracts Unit 11/09/09 Page 9 of 1;
Nothing is this Agreement shall require COUNTY or DEPARTMENT to act in violation of
state or federal law or the Constitution of the State of Oregon.
XIII ACCESS TO RECORDS
For not less than three (3) years after Agreement expiration, DEPARTMENT, the Secretary
of State's Office of the State of Oregon, the federal government, and their duly authorized
representatives shall have access to the books, documents, papers and records of
COUNTY which are directly pertinent to this specific Agreement for the purpose of making
audit, examination, excerpts, and transcripts. COUNTY shall retain all pertinent records until
the later of (1) the date that is not less than three years following the Agreement expiration
date or (ii) the date on which all litigation regarding this Agreement is resolved. COUNTY
agrees full access to DEPARTMENT will be provided in preparation for and during litigatior.
Copies of applicable records shall be made available upon request. DEPARTMENT shall
reimburse COUNTY for the cost of copies DEPARTMENT requests.
XIV SURVIVAL
All rights and obligations shall cease upon termination or expiration of this Agreement,
except for the rights and obligations set forth in Sections IV, X, XI, XII, XIII, XIV, and XV.
XV GOVERNING LAW; JURISDICTION; VENUE
This Agreement will be governed by and construed according to the laws of the State of
Oregon without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim,
action, suit or proceeding (collectively, "the claim") between DEPARTMENT (and/or any
other Agency or department of the State of Oregon) and COUNTY that arises from or
relates to this Agreement will be brought and conducted solely and exclusively within the
Circuit Court of MARION County for the State of Oregon. Provided, however, if the claim
must be brought in a federal forum, then it will be brought and conducted solely and
exclusively within the United States District Court for the District of Oregon. In no way will
this Section or any other provision of this Agreement be construed as a waiver by the
DEPARTMENT or the State of Oregon of any form of defense or immunity, including
sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment
to the Constitution of the United States, or otherwise, from any claim or from the jurisdiction
of any court.
XVI WAIVER
The failure of either party to enforce any provision of this Agreement will not constitute a
waiver by that party of that or any other provision.
XVII EXECUTION AND COUNTERPARTS
This Agreement may be executed in several counterparts, each of which will be an original,
all of which will constitute but one and the same instrument.
XVIII NOTICE
Except as otherwise expressly provided in this Agreement, any notices between the Parties
to be given hereunder shall be given in writing by personal delivery, facsimile, electronic
mail, or mailing the same, postage prepaid to COUNTY or ODOC at the address or number
set forth below, or to such other addresses or numbers as any Party may indicate pursuant
IGA #4207, Deschutes County
Reviewed by: VM Contracts Unit 11/09/09 Page 10 of 15
to this section. Any notice so addressed and mailed shall be effective five (5) days after
mailing. Any notice delivered by facsimile shall be effective on the day the transmitting
machine generates a receipt of the successful transmission, if transmission was during
normal business hours of the recipient, or on the next business day, if transmission was
outside normal business hours of the recipient. Any notice delivered by electronic mail shall
be effective on the day of notification of delivery receipt, if delivery was during normal
business hours of the recipient, or on the next business day, if delivery was outside normal
business hours of the recipient. Any notice given by personal delivery shall be effective
when actually delivered to the Authorized Representatives listed below:
To DEPARTMENT:
To COUNTY:
Mark Cadotte, Chief
Community Corrections
Department of Corrections
2575 Center St. NE
Salem, OR 97301
Phone: 503-945-8876
Fax: 503-373-7810
E -Mail: Mark.J.Cadotte@doc.state.or.us
J. Kenneth Hales, Director
Deschutes County Community Justice
63360 Britta Street
Bend, OR 97701
Phone: 541-317-3115
Fax: 541-385-1804
E -Mail: kenha@deschutes.org
The Parties may change the persons named in this section by notice to the other Parties as
provided herein. No amendment to this Agreement is required to make such change.
XIX MERGER; INTEGRATION
This instrument contains the entire agreement between the parties and no statement mads
by any party hereto, or agent thereof, not contained or attached with reference thereto in this
written agreement will be valid or binding. This Agreement will supersede all previous
communications, representations, wither verbal or written, between the parties hereto. This
Agreement may not be enlarged, modified or altered except in writing, signed by the parties,
and attached.
IGA #4207, Deschutes County
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STATE OF OREGON
DEPT. OF CORRECTIONS DESCHUTES COUNTY APPROVALS
Ginger Martin, Assistant Director
Date
00139,4&,,/
Signature
Tammy Baney, Chair
Deschutes County Board of
Commissioners
�.
Date
Approved as to Legal Sufficiency by the -.-�-" -
Oregon Attorney General's Office: Signature
Dennis R. Luke, Vice Chair r
Deschutes County Board of Commissioners
/s/ Keith Kutler, AAG (per 11-09-2009 e-mail)
Name Title Date Title Date
IGA #4207, Deschutes County
cap.. ()Ater
Signature
Alan Unger, Commissioner
Title
I Op
Date
Signature
Title Date
Signature
Title Date
Reviewed by: VM Contracts Unit 11/09/09 Page 12 of 15
EXHIBIT A
COUNTY INTERVENTION PLAN and BUDGET SUMMARY
DESCHUTES COUNTY
i. Offender population to be served:
The Drug Addicted Intensive Services Program will serve those offenders who have an identified drug
addiction which is affecting their ability to function in the community, have been convicted of a crime
that is listed in ORS 137.717, score "high" to "medium" on the LSCMI risk assessment and are in the
"contemplative" to "action" stage of change.
II. Number of offenders who will participate in the program:
At any given time 75 individuals will be involved in the program and approximately 150 offenders will t: e
served over a 12 month period.
III. Intervention Approach:
The Intensive Services Program (ISP) is designed to provide enhanced supervision and support tc
the above mentioned target population. The program is comprised of two components. One is the
specialized ISP caseload. The second is the ISP treatment support service.
The ISP caseload component is a specialized caseload of offenders that meet program eligibility
requirements and are determined to be high risk. A single parole and probation officer (PPO) will
supervise these offenders. This PPO will be trained in motivational interviewing, cognitive
restructuring and substance abuse. This PPO will be knowledgeable of community based
treatment providers and social service agencies. The PPO will incorporate these skills into an
intensive case management program. Regardless of whether the offender assigned to the ISP
caseload is newly sentenced or transferred from an existing caseload the offender will have a case
plan developed which will identify the offender's top three to four criminogenic needs of the offender
and a treatment regimen will be designed. The ISP officer will strictly monitor compliance with
treatment. Violations of supervision will result in a swift response using graduated sanctions that
will include cognitive classes, community service, electronic monitoring, and short jail sanctions.
The second component is ISP treatment support services. Offenders will be eligible to receive ISP
treatment support services if they meet the aforementioned eligibility criteria and are assessed to
be medium risk. These offenders will not be assigned to the ISP caseload but will be provided the
same level of service support as the high risk offenders who comprise the ISP caseload.
All ISP program participants will be required to complete an alcohol and drug treatment program.
All will be referred to treatment programs that best meet the offender's responsivity to learning style
and motivation. All are subject to sanctions. Sanctions will be applied in a manner that will address
the type and seriousness of violation. Sanctions will include, but are not limited to; assignment of
additional community service, placement on electronic monitoring, requirement to complete the
agency's 12 to 16 week Moral Reconation Therapy program or jail incarceration. Participants
sanctioned to a period of incarceration in the Deschutes County Adult Jail may be assigned by
facility staff to participate in the cognitive training or drug and alcohol treatment programming
provided within the facility.
IGA #4207, Deschutes County
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IV. Treatment Program Design:
Treatment providers selected to receive funds from this program shall be licensed to provide
services and have a current Corrections Program Checklist with a satisfactory score or better
and/or be in the process of increasing the program score. Treatment providers providing service
for this program will not conduct co-ed groups for offenders in the program. Communication
between the treatment provider and the ISP staff will be done on a bi-weekly basis. Treatment
programs will use random UA's as means of checking compliance with the program; this may be in
concert with the parole and probation's random UA program. Treatment programs will use a
cognitive behavior approach.
All program participants will be required to attend group as directed. Offenders will start an
intensive treatment regimen requiring three groups a week. With substantial compliance, treatment
groups shall be reduced in accordance with the treatment provider's program. Treatment program
duration is a minimum of 90 days.
V. Collaboration:
The ISP program will work in concert with program treatment providers to insure program goals aro;
being met and offender criminogenic needs are being addressed. In the event a probation offender
is revoked, the supervising officer will communicate with the District Attorney's office and the Cour
to ensure all parties are aware of the offender's performance and to provide recommendations.
ISP staff will coordinate continuation of treatment with the Deschutes County Sheriffs' Office and
the Deschutes County Health Department for program participants serving a period of incarceration
in the jails and assigned to the jail Restart Program.
VI. Assessments:
All potential program participants will be assessed using the OCMS, LSCMI and the Texas
Christian University's drug screening. Assessment findings will be used to assist in determining
suitability for assignment to the program and to develop the participant's case plan, particularly as t
relates to addressing the offender's criminogenic need and determining treatment plans.
VII. Drug Testing:
The offenders will be assigned to the department's random urinalysis (UA) program. The random
UA program is a tool used to assess the offender's compliance with treatment and supervision.
Offenders are given a form, assigning them a number and providing instructions of how the
program works. These offenders are required to call in daily to the UA hotline. If their number is
the assigned number for the day, they are required to report before 5pm to submit to an UA. All
program participants will be assigned to the department's UA program for the first 90 days of
program participation. Continued participation is determined by the supervising officer.
VIII. Research Support:
A number of recognized evidenced based practices are used in this program. Program
participant's risk needs will be assessed by use of a widely recognized actuarial based risk -needs
assessment instrument. The intrinsic motivation of the participant will be reinforced by the PPO in
part through the use of motivational interviewing techniques. Case plan and targeted interventions
will be based on appropriate application of the Risk Principle, Need Principle, Responsivity
Principle, Dosage of Structure, and Treatment. Cognitive programming is provided by departmen
IGA #4207, Deschutes County
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staff and other specific skills training is supported and will be provided as indicated by the case
plan. The specialized caseload model as employed by the ISP caseload component of the
program is a recognized best practice for offenders with mental health needs. This model has alsc
shown promise with sex offender and domestic violence offender supervision and is a promising
approach when applied to this program's population.
There is no available research literature specifically applicable to this program and therefore no
comparable outcome data exists. However, the major elements employed in the program are well
researched and considered evidenced based. Performance data will be collected allowing for
participant performance to be measured against the participant's prior performance, the general
offender population and other offender subsets. Performance measures will include the five
data elements collected by the Oregon the Department of Corrections (see table below)
and:
• Reduction in drug use, to be measured through treatment notes, urinalysis results,
and exit interviews.
• Reduction in crime, to be ascertained through criminal history checks over a multi-
year period following completion of the program.
• Increased Restitution Collection Rate, to be determined by the amount and
frequency of payments for the duration of the ISP program.
• Program Participation, to be tracked by offender start and stop dates on the ISP
caseload will be documented in the CIS treatment module.
IX. Budget Summary:
Program Expenses
M-57 State
Funds
Other State
Funds
County/ Local
Funds
Total
1 FTE Parole and Probation Officer
Wages
69,146
69,146
Taxes and Benefits
37,505
37,503
1 FTE Parole and Probation
Specialist
Wages
59,404
59,404
Taxes and Benefits
34,854
34,854
MATERIALS AND SERVICES
38,000
38,000
CONTRACT SERVICES AND
PROFESSIONAL SERVICES
195,700
195,760
IGA #4207, Deschutes County
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