DATE: April 8, 2025
TO: Board of Supervisors
SUBMITTED BY: Kirk Haynes, Chief Probation Officer
SUBJECT: Retroactive First Amendment with Fresno County Superintendent of Schools
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute a retroactive first Amendment to Agreement No. A-21-334 with the Fresno County Superintendent of Schools for expansion of the education program to add an additional teacher, to accommodate the increased number of youths realigned from the Division of Juvenile Justice and youths needing post-secondary education at the Juvenile Justice Campus, effective September 1, 2024 with no change to the term, and increasing the maximum by $275,000 to a total of $1,103,845;
2. Adopt Budget Resolution increasing FY 2024-25 appropriations and estimated revenues for Probation Org 34409999 in the amount of $125,000 (4/5 vote); and
3. Adopt Budget Resolution increasing the FY 2024-25 appropriations for the DJJ Realignment Fund 0075, Subclass 17305, Org 1145 in the amount of $125,000 (4/5 vote).
REPORT
There is no Net County Cost associated with the recommended actions. Senate Bill (SB) 823 Juvenile Justice Realignment: Office of Youth and Community Restoration, establishes the Juvenile Justice Realignment Block Grant (JJRBG) Program in order to transfer jurisdiction for the care, custody and supervision of high-risk youth from the State Division of Juvenile Justice (DJJ) or who would otherwise be eligible for commitment to DJJ prior to its closure. Under the current agreement, Fresno County Superintendent of Schools (FCSS) provides an educational program for the Juvenile Justice Realignment (JJR) students at the Juvenile Justice Campus (JJC), including instructional services, instructional materials, and administrative services at an annual compensation of $150,000 with a 5% annual increase. Approval of recommended actions will allow the Probation Department to implement compensation language consistent with Board Agenda Item #37 on August 24, 2021 stating FCSS will be compensated an additional $150,000 per every ten students (e.g., $150,000 for the first 1-10 and an additional $150,000 for students 11-20, etc.). The JJR census has been consistently above 20 since March 2024. These services are fully funded by the JJRBG. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the Probation Department will be unable to meet the educational needs of the JJR students as required by state law.
RETROACTIVE AGREEMENT:
The Probation Department has been working with FCSS on the terms and conditions for the expansion of the education program. An agreement of the terms and conditions was reached on March 17, 2025, by the Probation Department and FCSS. The recommended amendment is retroactive to September 1, 2024, when FCSS hired a second teacher, and that second teacher began providing services at the JJC.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. The first recommended action will increase the total compensation of the agreement with FCSS by $275,000, to a total of $1,103,845. The FY 2024-25 maximum compensation is increased by $125,000; approval of the second and third recommended actions will increase appropriations and estimated revenues in Probation Org 34409999 and appropriations in DJJ Realignment Org 1145 to cover anticipated additional services provided by FCSS and to meet expenditures for services related to the implementation of the mandated SB 823 requirements. The increased cost to the FCSS agreement will be fully funded by JJRBG. Pending invoices total is $87,500, for additional services provided since September 2024. Sufficient appropriations and estimated revenues will be included in subsequent budget requests in the Department's Org 3440 and Org 1145 FY 2025-26 should the agreement with FCSS be extended.
DISCUSSION:
On September 30, 2020, SB 823 was signed into law, which stopped the intake of youth to DJJ custodial facilities on July 1, 2021. The DJJ permanently closed on June 30, 2023. In addition, SB 823 established the JJRBG Program to transfer responsibility for the custody, care, and supervision of high-risk youth from the DJJ to the local county jurisdiction. SB 823 was passed based upon demonstrable evidence that justice system-involved youth are more successful when they remain connected to their families and communities, and that justice system-involved youth who remain in their communities have lower recidivism rates and are more prepared for their transition back into the community. On April 27, 2021, the JJRBG Plan and presentation by the Probation Department was received by the Board, which was created in accordance with SB 823 and based on the requirements outlined in Welfare and Institutions Code (WIC) 1995 and in accordance with the funding eligibility requirements detailed in WIC 1991.
On August 24, 2021, the Board approved retroactive agreement no. A-21-334 with FCSS to provide educational services to youth realigned from the DJJ. FCSS is positioned to provide and extend services to this population. Upon admission, each student will receive a comprehensive educational and vocational transcript analysis to aid in the development of an academic and career plan. The youth attends school with other youth who are housed at the JJC or integrated depending on their age and academic needs. All youth up to age 22 with disabilities will have full access to special education and related services as determined by the Individualized Education Program (IEP) team. Individual and small group services may include an emphasis on the development of cognition, language, social, behavioral, self-help and academic skills. FCSS has partnered with the Probation Department for many years in delivering high quality educational services for the youth at the JJC. The Alice Worsley School at the JJC has achieved full accreditation by the Western Association of Schools and Colleges (WASC) for over 20 years with goals that include students achieving proficiency in academics, 21st century skills, and college and career readiness. The school provides all courses necessary for youth to earn their high school diploma and offers courses to prepare young adults to pass the High School Equivalency Test (HiSET), should it be a better path for them.
Approval of the recommended actions will allow the Probation Department to modify compensation to FCSS for increased educational services, retroactively effective September 1, 2024, the date the additional teacher began providing services at the JJC. The compensation for expanded education services will not be entitled to any annual maximum compensation increases. The recommended amendment also sets the annual maximum compensation increase for FY 2025-26 to the National Consumer Price Index, not to exceed 5%.
REFERENCE MATERIAL:
BAI # 37, August 24, 2021
BAI # 7, April 27, 2021
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - First Amendment with FCSS
On file with Clerk - Budget Resolution (Org 34409999)
On file with Clerk - Budget Resolution (Org 1145)
CAO ANALYST:
Fine Nai