DATE: December 4, 2018
TO: Board of Supervisors
SUBMITTED BY: Kirk Haynes, Chief Probation Officer
SUBJECT: Retroactive Agreement with the City of Fresno to participate on the Public Safety Realignment Act Adult Compliance Team
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a retroactive Agreement with the City of Fresno to assign seven sworn Police Officers, one sworn Police Sergeant, and one Crime Analyst to the Public Safety Realignment Act Adult Compliance Team, effective July 1, 2018 through June 30, 2019 ($1,828,152).
REPORT
There is no Net County Cost associated with the recommended action, which will approve a retroactive agreement with the City of Fresno to continue to provide specified staff to participate as members of the Public Safety Realignment Act (Assembly Bill 109) Adult Compliance Team (ACT), as authorized by the approved Community Corrections Partnership (CCP) Plan. Although the recommended agreement is with the City of Fresno, which is in District Three, the item is countywide.
ALTERNATIVE ACTION(S):
If the recommended action is not approved, the ACT would not include seven sworn Police Officers, one sworn Police Sergeant, and one Crime Analyst from the City of Fresno.
RETROACTIVE AGREEMENT:
The agreement before your Board is retroactive due to the length of time required to prepare the agreement and have it reviewed and approved by the City of Fresno. The recommended agreement was signed by the City of Fresno on November 8, 2018 and received by the Probation Department on November 9, 2018.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The cost of $1,828,152 for the recommended agreement is funded with Assembly Bill 109 funds received from the State of California. The appropriations and estimated revenue for these services have been included in the FY 2018-19 Adopted Probation Org. 3430 Budget, which allow for reimbursement of the costs for seven Police Officers, one Police Sergeant, and one Crime Analyst from the City of Fresno.
DISCUSSION:
Assembly Bill 109 was signed into law on April 5, 2011 and went into effect on October 1, 2011. Assembly Bill 109 transferred responsibility for housing/supervising of specified inmates and parolees from the California Department of Corrections to counties. In accordance with Assembly Bill 109/Assembly Bill 117, the County created a CCP Executive Committee and developed an implementation plan that will enable the County to meet the goals of the Public Safety Realignment Act. The CCP Executive Committee (voting members) in Fresno County consists of seven members: the Chief Probation Officer (chair), the Presiding Judge of the Superior Court or designee, the District Attorney, the Sheriff, the Public Defender, the Director of Behavioral Health, and the City of Fresno’s Chief of Police. This implementation plan was approved by the CCP on August 19, 2011 and approved by the Board on September 13, 2011. The CCP Executive Committee and the Board have approved five updates to the CCP Plan since it was initially approved. The ACT was included in the original CCP Plan and updates have included expansions of the ACT.
The ACT is currently comprised of sworn officers from the Fresno County Sheriff’s Department, the Fresno Police Department which also includes a Crime Analyst, the Clovis Police Department, the Selma Police Department, the Reedley Police Department, the Kerman Police Department, the Kingsburg Police Department, the Fresno County Probation Department, and two Investigator’s from the Fresno County District Attorney’s Office. The purpose of the ACT is to add an additional layer of offender supervision and public safety by working as a cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in Fresno County. The ACT team enforces conditions of probation, conducts compliance and non-compliance searches of Assembly Bill 109 probationers who are under the supervision of the Fresno County Probation Department, and provides immediate response to crisis situations. In addition, ACT can provide surveillance and warrant sweeps in conjunction with other law enforcement agencies.
In accordance with the approved CCP Plan, the ACT has included a Police Officer from the City of Fresno since 2011. On December 5, 2017, your Board approved the City of Fresno to provide one sworn City of Fresno Police Sergeant, seven sworn Officers, and one Crime Analyst to the ACT. The recommended agreement identifies responsibilities and obligations of the City of Fresno and the County in operation of the ACT and allows for reimbursement of the costs of the specified staff with AB 109 funds.
This agreement differs from the County's model contract in that it contains a mutual hold harmless clause. This has the effect of making each party responsible for losses arising from their own negligent or wrongful performance, or failure to perform. The mutual hold harmless clause has been reviewed by Risk Management and deemed to be acceptable for this agreement between public entities.
In addition, ACT agreements with the Cities of Kerman, Reedley, and Selma are before your Board on this date.
REFERENCE MATERIAL:
BAI #48 - December 5, 2017
BAI #34 - January 10, 2017
BAI #41 - June 21, 2016
BAI # 31 - January 26, 2016
BAI #35 - June 18, 2013
BAI #8 - September 13, 2011
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with the City of Fresno
CAO ANALYST:
Samantha Buck