HomeMy WebLinkAboutJRP-BOCC Staff Report Deschutes County Department of Administration
P. O. Box 6005, Bend, OR 97708-6005
1300 NW Wall St., Suite 200, Bend OR 97701-1960
(541) 388-6565 - Fax (541) 385-3202
www.deschutes.org
Tom Anderson, County Administrator
Tom.Anderson@deschutes.org
______________________________________________
MEMORANDUM
DATE: January 8, 2014
TO: Board of County Commissioners
FROM Tom Anderson, County Administrator
SUBJECT: Justice Reinvestment Program Proposal/2013-015 Participation Agreement
____________________________________________________________________________
Background:
The Justice Reinvestment Program was established by House Bill 3194 during the 2013
legislative session, including a financial incentive (grant) program for local government. The
purpose and objective of the JRP grant program are set forth in HB3194 Section 53 that
specifies JRP funds are to be awarded to counties for:
Establishing a process to assess offenders; and
To provide a continuum of community-based sanctions, services and programs.
The above mentioned objectives are for the purpose of:
Reducing recidivism; and
Decreasing the county’s utilization of imprisonment.
The legislation also describes what kind of activities the funds may be used for by giving
examples of “Community-based programs” that includes:
Work release programs
Structured, transitional leave programs
Evidence-based programs that include sanctions, supervision and treatment
Reentry courts or specialty courts aimed at medium and high-risk offenders.
Additionally legislation specifies that no less than 10 percent of the JRP grant shall be
distributed to community-based nonprofit organizations that provide services to victims of crime.
Administration of the JRP and grant program has been assigned to the Oregon Criminal Justice
Commission (CJC).
Discussion:
Deschutes County is eligible for $321,192 in grant funds for each fiscal year FY14 and FY15.
Staff from Community Justice-Adult Parole & Probation, the Sheriff’s Office, the District
Attorney’s Office as well as the State Circuit Court met as necessary over the past several
months, and discussed proposals for use of the grant funds in accordance with the criteria
outlined in the bill. Beginning in the next biennium, the Local Public Safety Coordinating Council
(LPSCC) will be required to review and approve the proposal from each county. Although not
required in the current biennium, the proposal elements described below were presented to
LPSCC on December 3, 2013. Most of the LPSCC discussion focused on the future process
and potential review criteria to be used by the State in future JRP allocations. LPSCC members
were generally supportive of the current proposal. No comments in opposition were made.
The following elements are include in the current proposal and are presented for your
consideration and discussion.
Community Justice-Adult Parole & Probation
The Deschutes County Community Justice Department Adult Parole and Probation Division’s
(department) proposal has three key components, each to address three inmate and offender
populations targeted by HB3194 and the JRP. One impact of HB3194 is that a subset of prison
inmates will be released on conditional release and to the Alternative Incarceration Program
ninety days rather than thirty days prior to the completion of their prison term. Strategy 1 is to
have a parole and probation officer (PPO) assigned to the JRP caseload to intervene with these
inmates prior to release and based on the prison release counselor’s LS/CMI prepare the
offender’s supervision plan. If a LS/CMI has not been completed or is out of date the PPO will
conduct one. This activity will establish a process to assess offenders as specified in Section 53
of HB3194.
Additionally the case plan shall call for a continuum of community-based sanctions, services
and programs that include a balance of sanctions, supervision and treatment as specified in
Section 53 of HB3194. The sanctions will include the full gamut of graduated sanctions
including but not limited to electronic monitoring, to be financed from the JRP. Supervision will
be applied according to the offender’s risk profile and compliance, and the department will assist
as needed, within the limits of JRP budget funds, to finance alcohol and drug treatment, sex
offender treatment, or batters intervention treatment.
Important to the success of this strategy is to maximize the number of eligible prison inmates
accepted into the community by the department on the 90-day conditional release or the
Alternative Incarceration Program. Statewide approximately 20% of the Short Term Transitional
Leave or Alternative Incarceration Program eligible inmates are accepted by the local parole
and probation department for return to the community. The impediment to accepting these
inmates is often the lack of housing and inability to get the offender into treatment. Funds for
transitional housing and treatment for these inmates will be financed from the JRP.
Strategy 2 is a diversion from prison strategy. The activity is for the JRP PPO to intervene at
pre-sentence with offenders convicted but not yet sentenced for a crime eligible for downward
departure to probation in lieu of a prison sentence. The JRP PPO will conduct a risk
assessment and do initial supervision planning in an effort to assist the prosecuting attorney and
the court to agree to a downward departure sentence. This activity establishing a process to
assess offenders; allows for case plan development based on the LS/CMI that includes a
balance of sanctions, supervision and treatment as specified in Section 53 of HB3194.
Sanctions, supervision and treatment will be financed from the JRP.
Key to the success of this strategy is constant monitoring of eligible cases, and quick
communication between the District Attorney’s office and the department in order to identify as
many eligible cases as possible and to respond with the assessment and report promptly. At
times the entire process could be initiated and concluded within a day or two.
Strategy 3 is to intervene with the departure cases serving a sentence in jail prior to release to
probation. Many defendants will agree to a plea bargain for a departure to probation. In th ese
cases there is no opportunity or need for a presentence assessment. Therefore for these
offenders the JRP PPO will do the LS/CMI and initial case planning while the offender is in jail
prior to release onto probation. The actual probation cannot start until the offender is released
from jail. In addition to getting a head start on the offender’s case planning, the assessment and
case plan information will be made available to the jail’s programs officers to assist him or her in
inmate classification and program assignment decision making. This activity establishing a
process to assess offenders; allows for case plan development based on the LS/CMI that
includes a balance of sanctions, supervision and treatment as specified in Section 53 of
HB3194. Sanctions, supervision and treatment will be financed from the JRP.
To implement the proposed the department seeks $229,072 annually to cover startup costs,
finance two personnel and to purchase electronic monitoring, transitional housing, drug and
alcohol treatment, sex offender treatment, and batterer’s intervention treatment for JRP program
participants.
The program will require two personnel positions. One to be included in a FY 2014 budget
amendment request and the second will be requested in the department’s FY 2015 budget
request. One personnel position will be responsible to perform prison inmate prerelease
planning, release investigations, and assessments; provide liaison with the District Attorney’s
Offices on departure eligible cases; do presentence assessments, make reports and provide
testimony as requested; and do jail based assessments on departure sentences; and perform
all customary probation, parole or post-prison supervision requirements and duties for the JRP
program participants.
The second personnel position will, among other duties manage the department’s justice
reinvestment program, and supervise the JRP PPO; participate on the Supervisory Authority
Board (SAB) Administrative Committee; assign staff and track completion of Morriss ey Hearings
on jail inmates to ensure they are processed in a timely manner; liaison with jail staff and SAB to
coordinate imposition of jail sanctions for offenders’ on community supervision with population
management needs of the jail; draft revised SAB policies and procedures related to new law,
the above mentioned population management activities, new processes for SAB warrants, and
issuing the pending sanction report; coordinate information with jail regarding those who are
being reviewed by the SAB, and insure that PPO's are submitting necessary information to the
jail for the SAB hearings; coordinating and as needed assign back up PPOs to complete the
presentence assessment on dispositional departure cases; and coordinate offender services
with jail programs officers on JRP program participants.
Purchased services for JRP participants will include electronic monitoring as a sanction, or as
an alternative to jail incarceration for inmates pending release to probation; transition housing;
drug and alcohol treatment; sex offender treatment; and batters intervention programming.
Deschutes County Family Drug Court
Deschutes County Family Drug Court (DCFDC) is a court -supervised, intensive treatment
program serving parents in Deschutes County who have current or pending criminal charges,
and have had their children removed from their custody or are at risk of having their children
removed as a result of substance abuse. Upwards of 75% of drug court participants fall within
the target population of HB 3194, defendants who can be diverted from a sentence to State
Prison. Of the current FDC caseload 20% have or will be on a downward departure sentence,
8% are currently on post-prison supervision, and an average 40% - 50% have received a
conditional discharge deferring a presumptive prison sentence if they successfully complete the
program.
In alignment with best practice standards set forth by the National Association of Drug Court
Professionals (NADCP), DCFDC only admits medium to high risk offenders as dete rmined by
the LS-CMI and/or criteria established by the NADCP. The use of this assessment and
eligibility criteria also align with the programmatic intent of HB 3194. The program has
established processes for assessing individuals referred and providing a continuum of
community-based sanctions, services, and programs designed to reduce recidivism, effectively
treat offenders with substance abuse disorders in the community who may otherwise face
extended jail or prison time, and hold offenders accountable for their decisions and behaviors.
The mission of DCFDC program is to promote accountability and substance abuse recovery for
parents and ensure the safety and welfare of their children. Using a team approach, the
program provides close judicial supervision, intensive substance abuse treatment and
comprehensive wraparound services. The goals of the DCFDC program to: (1) lessen the
impact of illegal drug use on the community, law enforcement agencies, courts and corrections,
(2) reduce community rates of addiction and substance abuse, (3) help drug addicted parents
and pregnant women become sober and responsible caregivers, (4) create environments in
which children are healthy and safe from abuse and neglect, and (5) promote positive, pro-
social behavior. The average length of time to successfully complete the program is 18 months.
Funds provided through the Justice Reinvestment grant will enable DCFDC to (1) fund a 1.0
FTE Certified Recovery Mentor, and to (2) increase access to wraparound services for family
drug court participants. Utilization of funds received will be tracked by the FDC Program
Coordinator and reported to the County on a quarterly basis. Data collected will include the
number of individuals served by category (i.e. post prison/downward departure/conditional
discharge), services provided by unit, and participant outcomes. Use of wraparound funds will
be limited to support services to individuals identified as high risk/high needs who are on post-
prison supervision, downward departure, or on a conditional discharge with a presumptive
sentence of prison time.
Certified Recovery Mentors (CRM) provide peer support and services to individuals engaged in
addiction treatment. CRM’s assist individuals transition through the continuum of addiction
treatment by mentoring, providing life and vocational skills, maintaining regular telephone and
face-to-face contact, conducting home visits, assisting participants in accessing community-
based services (childcare, health and social services, transportation), and facilitating contacts
with other people and groups to promote pro-social skills and a sense of belonging within the
community.
DCFDC currently has funds to support a part-time (.37 FTE) through BestCare Treatment
Services. Despite the program’s growth and evolving population served, funding for this position
has been static since the program’s inception in 2006. Within the last year, the program has
maintained at or near capacity of 25 active participants compared to a previous caseload of 14-
16 individuals at any one time. Additionally, the program has experienced an influx of male
participants from an average of 18% of the participants served to 33% and an increase in the
criminal risk levels of individuals served. Additional FTE’s for a Certified Recovery Mentor will
enable DCFDC to meet the increased demand of the number, gender, and criminal risk of
individuals served. The CRM will work closely with the assigned Probation Officer and Drug
Court Team to coordinate home visits, curfew checks, drug testing, and overall compliance
monitoring.
Funds designated for ‘wraparound services’ will be used to assist FDC participants to access
clean and sober housing, medical/dental care, transportation, GED classes/testing,
clothing/personal care items, childcare, and other goods or services shown by research to
improve treatment outcomes, reduce relapse and improve outcomes for families.
More than 67% of participants are homeless at admission and more are living in unsafe homes
affected by substance abuse, domestic violence, and criminal activity. Access to stable, clean &
sober housing is vital to their recovery and to providing for their children’s safety, well being, and
permanency. Less than 8% of participating parents are employed upon admission. On average,
sixty percent have no medical insurance upon admission. Of those with medical coverage, 50%
have no dental benefits.
Research conducted by the National Institute on Drug Abuse (NIDA) demonstrates that to be
effective, treatment must address the individual’s drug abuse as well as associated medical,
psychological, social, vocational, and legal problems.1 The provision of wraparound services
increases treatment retention and improves outcomes for individuals, families, and the
community. Integrating a continuum of rehabilitative services, including medical and dental care,
into substance abuse treatment decreases substance use but also improves patients’ health,
social adjustment, criminality, employment, and health care utilization.2 Individuals engaged in
substance abuse treatment who have access to primary medical care show significantly less
addiction severity at 12-month follow-up compared with those who with no primary medical care.
3 Residents of sober living homes showed improved outcomes on the Addiction Severity Index
and Brief Symptom Inventory scales, 12-step engagement, and had fewer arrests.4
Based on prior year requests for financial assistance, DCFDC anticipates spending funds
allocated for Wraparound Services as follows:
50% - Housing Assistance: Assistance to participants in securing stable, clean &
sober housing after being released from custody and/or discharged from
residential treatment
25% - Transportation Assistance: Providing bus passes or gas vouchers to assist
individuals in getting to treatment related appointments and/or other obligations
(court, school, employment).
15% - Medical/Dental Services: Assistance with medical/dental copays or
services and prescription assistance for individuals who are uninsured or
underinsured
10% - Other Services: childcare, court/work appropriate clothing, GED
classes/testing, and other recovery-related needs
1 National Institute on Drug Abuse. Principles of Drug Addiction Treatment: A Research-Based Guide. Third
Edition. (2012).
2 D'Amore MM, Cheng DM, Kressin NR, et al. (2011). Oral health of substance-dependent individuals: impact of
specific substances. Journal of Substance Abuse Treatment, 41(2), 179-85.
3 Friedmann, Peter D., Zhang, Zhiwei, Hendrickson, James, Stein, Michael D., & Gerstein, Dean R. (2003). Effect
of primary medical care on addiction and medical severity in substance abuse treatment pro grams. Journal of
General Internal Medicine, 18, 1, 1-8.
4 Polcin, D.L., Korcha, R.A., Bond, J., & Galloway, G (2010) Sober living houses for alcohol and drug
dependence: 18-month outcomes. Journal of Substance Abuse Treatment, 38(4), 356-365.
Victim’s Assistance (District Attorney’s Office)
From HB 3194-Section 54(b): Notwithstanding paragraph (a) of this subsection, no less than 10
percent of grant funds awarded under this section must be distributed to community-based
nonprofit organizations that provide service to victims of crime.
Although not eligible to receive and use the funds within its own Victims Assistance Program
(VAP) the District Attorney’s Office has offered to coordinate the distribution of JRP funds to
local nonprofit organizations such as The Kids Center and Saving Grace. It is expected that
$32,120 will be available in both FY 13-14 and FY 14-15 for this purpose. Although the JRP
does not provides specifics on how the money is to be used to provide services to crime victims,
The D.A.’s Office has indicated that eligible organizations will be required to submit annual
application proposals, and that a review will be conducted to ensure that the grant funds will be
used in the most efficient and beneficial manner possible.
Requested Action:
Review and discuss the proposal elements contained herein. Staff will incorporate any changes
requested by the Boar6d and bring the matter back before you for final consideration.
If the proposal elements are acceptable as is, the Board is requested to approve and sign the
attached participation agreement with the State Criminal Justice Commission.
Annual Allocation
Certified Recovery Mentor
(1.0 FTE, Wages & Benefits)
41,000.00
Certified Recovery Mentor – Mileage 2,400.00
Wraparound Services 16,600.00
Total 60,000.00
2013-2015 Participation Agreement
Deschutes County's initial funding award is $642,383 for the 2013-2015 biennium.
Justice Reinvestment Grant Program funds must be spent on community-based sanctions, services and programs.
Please indicate how your county intends to use these funds:
o Community-based sanctions (Please describe below or in an attachment)
o Community-based services (Please describe below or In an attachment)
Community-based Programs:
o Work release programs K1 Evidence-based programs designed to reduce
recidivism that include a balanced administration of
sanctions, supervision and treatment (See attached)
o Structured transitional leave programs o Reentry courts HB 3194 §29
rx Specialty courts aimed at medium-risk and high-risk
offenders (See attached)
....:D=e:;:,;sc:::;h::.::u::.::tc::.es~______County intends to participate in the Justice Reinvestment Grant Program and requests
an award in the amount of S $642,383 for use during the 2013-2015 biennium.
Signatures of County Commissioners
Printed Names of County Commissioners
Date
Federal Tax 10 Number State Ta~ ID Number
Approved by Criminal Justice Commission
Signature Date
Name/Title
Printed NarnetTitle
OREGON CRIMINALjUSTICE COMMISSION' 885 SUMMER ST NE . SALEM, OR 97301