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DATE: |
February 8, 2022 |
12 |
SUBJECT:TitlePROBATION - PRETRIAL SERVICES PROGRAM (DISTRICTS: ALL)
Body
OVERVIEW
On July 12, 2021, the State of California enacted the State Budget through Senate Bill (SB) 129. The Budget Act allocates funds to local courts for both one-time and ongoing resources to support pretrial services programs. In accordance with the Budget Act, courts are the lead agency and shall contract with any county department, including county probation departments, to provide pretrial services, except those departments or agencies that have primary responsibility for making arrests or prosecuting criminal offenses.
In San Diego County, the San Diego County Probation Department (Probation) and Public Safety Group Executive Office have worked with the Superior Court and criminal justice partners to develop a pretrial monitoring service program which also provides supportive services to individuals while they are in the community pending their court appearance. These services will build on the pretrial assessments and reports currently prepared by the Sheriff’s Department. Probation will now offer the pretrial services monitoring component of the program which includes client progress reports to the court and linkages to supportive community services. Probation anticipates pretrial monitoring and services beginning on June 30, 2022.
Today’s request is to receive a staff update on the pretrial services implementation planning efforts. Further, today’s request will authorize the Department of Purchasing and Contracting to issue a Request for Proposals (RFP) to provide support services to persons participating in pretrial monitoring in the community. Services will be designed to support individuals’ success in attending court appointments with no further justice involvement through linkage to critical supportive services. In addition, the Board is asked to approve the Memorandum of Agreement (MOA) between the County and the San Diego Superior Court.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1. Receive a staff presentation on the Pretrial Services Implementation planning efforts.
2. In accordance with Section 401, Article XIII of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting, to issue a Request for Proposals (RFP) for services to Pretrial Services defendants and upon successful negotiations and determination of a fair and reasonable price, award a contract for a term of one (1) year with four (4) one-year option years and up to an additional six (6) months if needed, subject to availability of funds and a need for services, and to amend the contract as needed to reflect changes to services and funding that do not materially impact or alter the program, subject to the approval of the Chief Probation Officer.
3. Authorize the Chief Probation Officer to execute a Memorandum of Agreement (MOA) with the San Diego Superior Court for the administration of a pretrial services program based on funds allocated through the Judicial Council of California for the period of February 15, 2022 to June 30, 2024, and to extend and amend the MOA as needed to reflect changes to services and funding that do not materially impact or alter the program.
4. Waive Board Policy B-29 Fees, Grants, Revenue Contracts- Department Responsibility for Cost Recovery which requires revenue contracts to be docketed at least sixty (60) days prior to the effective date of the contract.
EQUITY IMPACT STATEMENT
Individuals who are justice-involved experience reentry barriers that impact their ability to successfully exit the justice system. These individuals may face challenges with linking to treatment services, identifying employment, and finding permanent housing. The pretrial release, monitoring and services program supports a criminal justice system that promotes success for all individuals regardless of race, ethnicity, or geography with additional support through peer navigators who share lived experience in the justice system. Using the one-time funds allocated by the State to support pretrial services, San Diego County will also pilot a Connection Points program focused on pretrial populations leaving San Diego’s three booking jails. Connection Points will provide a location for assessments, referrals, and connections to immediate and ongoing needs. Participation and outcome data will be collected and reviewed by sub-populations to continually inform the design of the program.
FISCAL IMPACT
There is no fiscal impact associated with the request in the current fiscal year. One-time costs and revenue of $11 million includes $7.5 million to pilot a program for community support services. Ongoing costs and revenue estimated at $6.0 million includes the addition of 17 staff years to carry out the requirements of the Memorandum of Agreement. Both one-time and ongoing costs will be included in the Fiscal Years 2022-24 CAO Recommended Operational Plan for the Probation Department. The funding source will be the State General Fund allocated through the Judicial Council of California. There will be no change in net General Fund cost and no additional staff years in the current fiscal year. Any additional costs and staffing will be included in future Operational Plans for the Probation Department.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
On July 12, 2021, the State of California enacted Senate Bill (SB) 129 that authorized state funding for counties for both one-time and on-going activities to support pretrial release and service programs. The availability of programs and services will support judicial officers in making pretrial release decisions that impose the least restrictive conditions to address public safety and support defendants in returning to court for their proceeding. In the proposed program, Probation staff will monitor the progress of clients in following the terms and conditions for pretrial release from custody, as prescribed by the Court.
The San Diego County Probation Department (Probation) and Public Safety Group Executive Office have worked with the Superior Court and criminal justice partners to develop a pretrial monitoring service program that provides information to the Court about individuals released from custody pending criminal proceedings and supportive services to those individuals while they are in the community. The program builds on the pretrial assessment services and reports provided by the Sheriff’s Department to the Court. The enhanced public safety monitoring and supportive services promote efforts to reduce the incarceration of lower-risk individuals with pending case resolutions while providing services that promote safer communities.
Supervised Own Recognizance Release (SOR) Monitoring by Probation
Supervised Own Recognizance release is when a person is both released from jail pending further court action and is subject to additional requirements. When the Court orders a person released SOR, the San Diego County Probation Department will begin planning for each client’s success. Clients will be directed to connect with Probation staff within 24 hours of release from custody, either in-person, by phone or video. During intake, clients will complete a needs assessment to determine community service referrals and be placed on one of four levels of monitoring based on the results of the validated pretrial risk assessment review, Court orders and the terms of their release agreement. Drug testing, alcohol monitoring and GPS monitoring will be provided, if ordered by the Court at no cost to clients. In addition, clients will have access to behavioral health support, if appropriate. Finally, staff will complete SOR progress reports for each client, which will be submitted to the Court. These reports will be completed for each court hearing until sentencing, or dismissal, and on an “as needed” basis when circumstances arise.
As previously indicated, the Probation Department will implement four levels of monitoring for the Pretrial SOR clients. Monitoring levels include:
• Low: Clients will receive reminders of when court appearances are scheduled and will be linked to services as needed.
• Basic: Individuals will receive court appearance reminders, connections to community services, and have weekly contact with Probation staff.
• Enhanced: Increases the Basic service level to include drug testing and alcohol monitoring.
• Intensive: Increases the Basic and Enhanced service level to include GPS monitoring.
Probation projects an additional 17 staff years will be required to carry out the requirements of the MOA. This request for additional staff years will be included in future Operational Plans for the Probation Department and presented to the Board for consideration. The plan includes professional staff performing monitoring activities overseen by sworn staff who prepare reports to the Court, and with connections to community-based services. The monthly average of individuals in the community with an SOR pre-trial status has increased from 256 in calendar year 2019 to a range of 700-800 individuals currently on SOR in the community, and this program design will assist in sustaining that number of SOR clients. The Judicial Council program also requires quarterly reporting of the number of jail bookings and releases and pretrial outcomes. The Probation Department will also track the success of individuals attending court appearances and not experiencing further justice involvement.
Supportive Community Services
To support the needs of persons enrolled in pretrial monitoring, Probation will seek a community-based contractor that can enroll and link clients into supportive services. On January 10, 2022, a Request for Information (RFI) was issued to community providers with an Industry Day held on January 18, 2022, to gather information that can inform a future Request for Proposals that will best meet the needs of clients in the pretrial services program. Probation anticipates services will include:
• Former justice-involved peer navigators working with pretrial services clients
• Enrolling clients into self-sufficiency programs such as Medi-Cal and CalFresh
• Assessing clients for substance use disorder needs and linking to the Drug Medi-Cal Organized Delivery System or navigating private health insurance systems
• Securing vital documents such as birth certificates and California Identification Cards for clients
• Removing barriers for employment and educational opportunities for clients
• Ensuring clients make court appearances
Pilot Program for Community Support Services upon Release
The partners will develop a pilot program of “Connection Points” focused on pretrial populations leaving San Diego’s three booking jails: San Diego Central Jail, Vista Detention Center, and Las Colinas Detention and Reentry Facility. The Connection Points will be first stop for pretrial populations when released from jail, offering connections and services to populations formally ordered by the Court to SOR monitoring by the Probation Department as well as additional pretrial populations. These may be located in modular office space or brick and mortar office space within the jails. Probation staff will enroll clients with a court order for pretrial monitoring at Connection Points, and a community-based contracted service provider will offer connections and referrals to individuals. Clients eligible will include those monitored by the Probation Department and individuals who are in on any pretrial status such as diverted from custody, booked and released or released on their own recognizance. For all pretrial populations, Connection Points will provide information, referrals, immediate transportation to a safe location and to services which include ongoing care coordination/navigation to assist clients with greater needs, including housing and behavioral health treatment. The locations will be open for extended hours. In the MOA, the San Diego County partners are allocating $7.5 million in available state one-time funds to pilot Connection Points (three facilities at $2.5 million each). Staff may return to the Board to seek additional authority to establish and expand these services with a focus on geographical and service equity.
Today’s request is to receive a staff update on the pretrial services implementation planning efforts. Further, today’s request will authorize the Department of Purchasing and Contracting to issue a Request for Proposals (RFP) to provide support services to persons participating in pretrial monitoring in the community to support their success in remaining crime-free and attending court appointments through linkage to critical supportive services. In addition, the Board is asked to approve the Memorandum of Agreement (MOA) between the County and the San Diego Superior Court.
A waiver of Board Policy B-29 Fees, Grants, Revenue Contracts is requested due to the requirement of docketing revenue contracts with the Board at least sixty (60) days prior to the effective date of the contract. The requested effective date of the agreement is February 15, 2022.
The Judicial Council issued program guidance and requirements and local funding allocations for the state Pretrial Release funding in late October, and the State required local program description and budget were submitted to the Judicial Council by the San Diego Superior Court on December 16. The effective date of February 15, 2022, will allow program partners to develop and initiate the program by June 30, 2022, as required by the State.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed actions support the Justice Initiative of the County of San Diego’s 2022-2027 Strategic Plan by promoting the implementation of a service program that is sensitive to individuals’ needs and provides access to rehabilitation.
Respectfully submitted,
HELEN N. ROBBINS-MEYER
Chief Administrative Officer
ATTACHMENT(S)
ATTACHMENT A - Memorandum of Agreement for State Pretrial Release Program Funding