Minutes
Fresno County
Community Corrections Partnership Meeting
Friday, August 5, 2011
Fresno County Juvenile Justice Campus Courthouse
Conference Room C244
3333 E. American Ave., Fresno, Ca 93725
Chief Probation Officer Linda Penner officially called the meeting to order
at 8:05 a.m. Chief Penner welcomed everyone to the August 5, 2011
Community Corrections Partnership Meeting (CCP) and asked everyone to
introduce themselves.
Two sign-up sheets were distributed among the attendees. The following
people were present:
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Adult Division Director Rick Chavez, Probation
District Administrator Gomer Piercy, State Parole
Arthur Wille, County Counsel, Fresno County
Jeannie Figueroa, Principal Administrative Analyst, County
Administrative Office
John Navarrette, County Administrative Officer, Fresno County
Probation Services Manager Lori Willits, Probation
Probation Services Manager Kirk Haynes, Probation
Probation Services Manager Nancy Dominguez, Probation
Lynne Ashbeck, Hospital Council of Northern and Central California
Leon Hoover, CEO, Kings View Corporate Services
Dennis Koch, Deputy Alcohol and Drug Program Administrator,
Department of Behavioral Health
Sheran Morton, Assistant Executive Director, Fresno County Superior
Court
Erica Cabrera, District Director, Office of Assembly Member Henry
T. Perea
Kevin Wagner, Administrator of Human Services, Central Unified
The Honorable Gary Hoff, Presiding Judge, County of Fresno
Superior Court
Shawn Jenkins, Vice President, West Care
Kay Hickman, Special Probation Investigator, Probation
Susan Holt, Division Manager, Department of Behavioral Health
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Dr. George Bud Laird, Division Manager, Public Health
Dr. Edward Moreno, Director, Public Health
Captain Kyle Scarber, California Highway Patrol
Steve Forker, Administrative Services Director, Sheriff’s Department
Susan Watkins, Sheriff’s Department
Captain Rick Hill, Sheriff’s Department
Antonio R. Alvarez, Chief Defense Attorney, Ciummo & Associates
Elizabeth Diaz, Assistant Public Defender, Public Defender’s Office
Ken Taniguchi, Public Defender, Public Defender’s Office
Howard Himes, Deputy Director, Social Services
Pam Lassetter, Assistant Director, Workforce Investment Board
Donna Taylor, Director, Department of Behavioral Health
Captain Vince Leonardo, Clovis Police Department
Deputy Chief Patrick Farmer, Fresno Police Department
Chief Jerry Dyer, City of Fresno Police Department
Elizabeth Egan, District Attorney, District Attorney’s Office
Kelly Keenan, Chief Assistant District Attorney, District Attorney’s
Office
Margaret Mims, Sheriff, Sheriff’s Department
Linda Penner, Chief Probation Officer, Probation Department
Kevin Smith, Service Employees International Union, Local 521
Beatriz Alejandre, 2-1-1 Call Center Manager, United Way of Fresno
County
Richard Ciummo, President & CEO, Richard A. Ciummo &
Associates
Mike Elliott, Juvenile Division Director, Probation Department
Greg Reinke, Probation Business Manager, Probation Department
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Approval of minutes of the June 23, 2011, Community Corrections
Partnership (CCP) Meeting
(Agenda Item II)
Approval of the minutes was called by Chief Penner. A motion to approve
the June 23, 2011 minutes was made by Chief Jerry Dyer and seconded by
District Attorney Egan. The motion carried.
Overview of the Brown Act provided by counsel to the CCP
(Agenda Item III)
Chief Penner introduced Art Wille of County Counsel, and stated that Mr.
Wille attend each meeting to ensure the requirements of the Brown Act are
met.
Mr. Wille stated meetings subject to the Brown Act must follow statutes that
allow the public to access the meeting. Failure to comply can result in civil
liabilities. The statute defines that meetings under the Brown Act can be
face to face or via phone. Serial meetings (persons meeting with one
another on various occasions) or held via email are prohibited.
Mr. Wille stated he worked with Probation staff to ensure the agenda was
visible to the public and copies were distributed to the public as well. Per
Mr. Wille, the agenda must contain a general overview of the items that will
be covered during the CCP meetings however action cannot be taken on an
item that’s not on the agenda. Taking action on an item does not include
questions for clarification purposes. There are exceptions for emergency
situations, and provisions for special meetings that can be made.
The purpose of the Brown Act is to give the public access and opportunity to
be heard on any matter within the agenda. Lastly, there must be sufficient
materials provided for the public attending the meeting.
Mr. Wille covered the primary highlights of the Brown Act however if
additional specific information is needed, he will be available to provide it.
Chief Penner asked if there were any questions regarding the Brown Act.
There were none.
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Receive verbal updates from CCP executive members
(Agenda Item IV)
Sheriff Mims
Sheriff Mims attended training through the Sheriff’s Association on AB 109.
She stated they were very complimentary of Fresno County. During the
training they were informed that training would be provided for fiscal staff,
managers, and other key stakeholders.
Per Sheriff Mims, preparations must be made for inmates that will be
committed to the local jail rather than California Department of Corrections
and Rehabilitation (CDCR) under AB 109. Valdivia will not apply upon
implementation of AB 109 however Morrissey will. As of October 1, 2011
non-revocable parole will end, and the $77.17 daily rate Fresno County was
receiving for state inmates will cease. The state has indicated that they’re
interested in continuing with the Fire Camp programs however the contract
back rate is not known. Currently there are 4,400 inmates participating in
the Fire Camps.
Sheriff Mims stated, historically the maximum amount of time that is spent
in the county jail is one year however under AB 109 the prisoner could
spend up to ten years locally. Due to the anticipated population growth
within the county jails the state has provided a list of potential bed space, i.e.
Coalinga, Delano facilities that can be used for long-term sentenced inmates.
Recent actions that have taken place include a meeting with Randy
Kevorkian, Assistant Chief of the CDCR Board of Prison Terms. Sheriff
Mims stated the jail cannot have a floor designated specifically for AB 109
inmates rather they will be placed based on jail classification systems.
The Sheriff’s Department is working with County Personnel Services and
the County Administrative Office (CAO) to go through the lay-off list and
back ground checks to rehire correctional staff. Staff will need to be trained
in tracking the inmates and matching the funds to the appropriate inmate.
As previously noted the daily rate of $77.17 ends on October 1, 2011 which
the Sheriff’s Department estimated nine months of revenue loss at $1.1
million.
Sheriff Mims referred to the AB 109 Estimated Impacts to Jail graph. Based
on the information provided by CDCR it is estimated that 186 new
admissions will be made to Fresno County by December 2011. By the end
of the fiscal year there will be an estimated 323 for a total of 509.
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Chief Penner noted that local law enforcement counted 1,100 actual bodies
in the Post Release Commitment Supervision (PRCS) offender population
whereas CDCR counted 971 offenders.
Sheriff Mims stated they are taking steps to roll out one or more jail floors.
Also, under AB 900, there is money available to counties for re-entry on
long-term offenders. Fresno County would also look at using the closed
satellite jail. Sheriff Mims said Fresno should seek the AB 900 money, and
if awarded use the money to build a local facility. Another positive note of
AB 900 is that it went from a 25% match to 10%. Opening one floor will
cost $3 million October 2011 through June 30, 2012.
Judge Gary Hoff
Judge Hoff stated there will be a need for training in new sentencing law and
they may have to reconfigure calendars depending on the amount of cases.
Sheran Morton is working on the technology aspect for the Courts. There
was a meeting on Thursday, August 4th to discuss uses of technology which
may be used for coding cases and sharing information among the justice
partners.
District Attorney Egan
District Attorney (D.A.) Egan stated there is a need to track recidivism, and
there are concerns about technological interface. She also noted that the
CCP must provide close oversight of the treatment programs to ensure the
funds for these programs are not misspent.
Chief Jerry Dyer
Per Chief Dyer the local police departments are not receiving any funds
from AB 109. He noted there may be an increase in crime rates, service
calls and offenders released from jail. Additionally, in a three year period
there will be a decrease in local parole agents, from 105 to 24. He is hopeful
of the long-term plan however there is concern with the short-term plan.
The primary goal is to keep the public safety at the forefront.
Public Defender Taniguchi
Ken Taniguchi said his office is looking at the challenge of AB 109 in a
positive manner; he noted there are three elements: Punishment, Deterrence
and Rehabilitation. The Public Defender’s office is looking at ways to work
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with the probation department which include watching for minor technical
violations. The goal is to keep the offenders from re-offending and to do so
they will need to assist the offenders in developing work skills and obtaining
the necessary resources to keep them from returning to custody.
Behavioral Health Director Donna Taylor
Chief Penner announced that Donna Taylor is the designee appointed by the
County Administrative Officer (CAO).
Director Taylor stated that
Behavioral Health is looking at substance abuse treatment and mental health
services in addition to working with Probation. They have had dialogue
with the state regarding the use of Mental Health Services monies. They
also plan to use a contractor to work with Probation for mental health
treatment. The concern is that there are not enough funds however they are
re-examining the budget. The funds they currently receive must be used
appropriately however they are trying to come up with new ideas.
Chief Linda Penner
Chief Penner noted, with the participants from the Workforce Investment
Board (W.I.B.) the County Administrative Office, Children and Family
Services, and the hospital’s there is a full package of representatives. It will
be a daunting task that will not go without mistakes; offenders will reoffend, they are not predictable. The CCP will work to do it right and keep
public safety it’s number one priority while remaining open to each other’s
ideas. Probation will receive 1,600 individuals that will be released resulting
in increased caseloads; in the first month it’s anticipated that 110 will come
to Fresno County. Therefore additional beds will be needed as well as
supervision staff.
General Discussion Items
Chief Penner stated the draft plan developed is an infrastructure of
realignment and it may receive negative reviews from the public. However
we need to put our best effort forward to combine the AB 109 money and
recognize that things need to move forward quickly for many reasons,
including hiring new staff. In addition to the CCP meetings, sub-committees
will also need to meet on a regular basis. Currently the sub-committees
include:
 Incarceration/Capacity – Tom Gattie and Chief Dyer
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 Community & Custody Resources (Mental Health, Substance Abuse,
Education and Medical and Community Coalitions) – Shawn Riggins,
Pam Coronado, Donna Taylor, Dr. Moreno, Judy Lemos (alternate
Howard Himes)
 Courts (Public Defender, District Attorney, Probation for Court
Reports & Supervision) – Judge Hoff, Liz Diaz, Gary Shinaver or
Robert Delmare, Kelly Keenan, Sheran Morton and Rick Chavez
 Victim/Mandates – Pam Kallsen and Lori Willits
 Technology – Gary Osmondson, David Touma, Sheran Morton,
Conrad Nerdhall and Kay Hickman
John Navarrette stated there is lots of work to be done, it’s important to
include the surrounding cities and towns and educate them by holding
workshops since the offenders will be returning to their communities.
Sheriff Mims stated there is a monthly meeting held by the Fresno Madera
County Police Chief’s Association (FMCPA), and they will hold a workshop
for them if needed. Chief Penner also noted that the CCP meeting agendas
will be forwarded to the FMCPA giving members an opportunity to attend.
Chief Penner suggested that a Public Information Committee be established
to educate the public.
Chief Penner stated that beginning October 1, 2011, offenders that were
normally sent to CDCR for certain offenses will stay locally. There will not
be an immediate release however over time 33,000 offenders will trickle out
of CDCR to the various counties throughout the state. Additionally,
offenders released will be placed on probation instead of parole. The
number of parolees will eventually flat line since they will be sentenced to
serve local prison commitments.
Chief Dyer commented that there will not be adequate bed space due to the
funding issues resulting in offenders being released from the jail.
Chief Penner noted that California is one of the last states to go in this
direction. The state continued to incarcerate until exhausting its funding
resources, and per data provided by the state, crime rates continued to
increase.
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Presentation by Chief Probation Officer Linda Penner of the CCP Draft Plan
(Agenda Item V)
A power point on the Fresno County AB 109 Implementation Plan Draft was
distributed. The plan addresses county jail commitment of offenders
previously sent to CDCR under sentencing reform; post-release supervision
of identified offenders released from CDCR, Pre-Trial services and
supervision of the realigned population released from the county jail.
Per Chief Penner inmates can remain in local custody more than three years
and if the Non-Non-Non’s are upgraded, the jail will be the most impacted.
Chief Dyer asked if all sex offenders will be on GPS under Jessica’s law.
Chief Penner responded that they will remain in CDCR.
Gomer Piercy stated there are currently 260 sexual offenders in CDCR.
Chief Penner stated under the Static 99 Risk Assessment, sex offenders will
have to be scored before being placed on GPS.
Chief Penner noted under SB 678 last year an assessment tool was
implemented. Under the proposed plan, probation technicians will be placed
in the county jail to do the assessments. The goal is to have all offenders
assessed as the plan moves forward. An offender scoring low will not
receive services, whereas a person with a medium score will receive services
to prevent them from re-offending, and a high score will ensure adequate
supervision.
Furthermore Probation plans to expand services of the Day Reporting Center
(DRC) and utilize the Adult Offender Work Program (AOWP). The object
is to ensure that probationers receive the appropriate services based on how
they rank or score.
Under Pre-Trial Services the plan is to revitalize programs: a call system is
proposed under the plan which has assisted in a significant reduction of
warrants and Failures to Appear (FTA’s) in other jurisdictions.
D.A. Egan asked if there will be penalties for FTA’s.
Chief Penner responded there is a need to have space for defendants that
require flash incarceration.
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Chief Dyer stated there is an immediate need for flash incarceration and 30
day incarceration.
Per Chief Penner a Multi-Agency Adult Compliance Team (ACT) will be
established.
The ACT will include members from the Probation
Department, Sheriff’s Department, Fresno and Clovis Police Department’s,
and an investigator from the District Attorney’s Office. The ACT will have
knowledge of imposed sanctions, programs, booking on flash incarcerations,
AB 109 and Probation. Under the Post-Release Supervision Plan the ratio of
Probation Officer to Probationer will be 1 to 50. There will be a state
assessment when released and sexual offenders will be supervised at a
reduced ratio.
D.A. Egan asked if treatment will be provided on a pre-trial basis.
Chief Penner responded there will be post treatment only.
Greg Reinke provided a spreadsheet on the budget for the AB 109
Implementation Plan Draft.
Sheriff Mims stated some of the money will be used to fund personnel and
to open two floors of the jail.
Mr.Reinke stated $1.1 million was budgeted for the Sheriff’s Department in
part due to not receiving the daily rate after October 1, 2011.
Upon Post Release, 19 Deputy Probation Officers will be phased in to ensure
the 1 to 50 ratio is met. Chief Penner provided the break down of Probation
Administration, and stated there will be a need for an additional Probation
Division Director as currently the department’s Adult Division Director
must oversee the Adult Division activities and Personnel matters for the
department.
Mr. Reinke stated some of the costs included an estimate for the lease of
facilities to house the additional staff.
The Services/Programs portions include the costs for an additional 50 slots
at the DRC. Additionally, per Mr. Reinke a Request For Proposal (RFP)
will be submitted to the Board of Supervisors (BOS) as the required services
will be provided by Community Based Organizations.
In the Program Evaluation/Assessments portion there are estimated one time
costs to get the operation up and running from a technology standpoint.
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Per Mr. Reinke, the funding provided to the County this year was just over
$8 million based on nine months of services.
Judge Hoff asked where the money is for the Public Defenders Office,
District Attorney’s Office and the Courts.
Chief Penner responded that money for the Public Defender and District
Attorney was separate. The Public Defender and District Attorney Office’s
received $360,000 however the division needs to be sorted out.
Additionally, $200 million was side lined for the Administrative Office of
the Courts (AOC). The state delayed the inclusion of parole violation
hearings into the local Court systems until 2013. Chief Dyer stated there is
no money for front line law enforcement.
Chief Penner stated at the next CCP meeting discussion of the start-up
money, $623,000, will need to be placed on the agenda.
Ken Taniguchi stated there is a lot of start-up money involved, is that being
budgeted?
Shawn Jenkins stated there will be 1,600 people that receive treatment and
on average under the plan, the state will pay $220 per inmate for treatment.
Chief Penner noted that there are two realignments, one being Criminal
Justice and the second being Human Services Systems. Chief Penner stated
in 10 months the plan will need to be enhanced as the group begins to work
on establishing money for treatment programs. Additionally, conversations
with Health and Human Services must take place to educate those not
working within the systems, on how those services work. The goal for this
meeting was to get the draft plan out and adopt the final plan so the CCP
Executive Committee can present it to the Board of Supervisors.
Art Wille asked if there are any changes that will be made to the plan or if it
was going to be approved in concept.
Corrections were called for.
Sheriff Mims asked that the Budget for 2012-2013 be deleted.(approved)
John Navarrette suggested that it be given to Executive Committee to make
changes before it goes to the BOS or make changes and comeback to adopt
the final plan.
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Chief Penner commented that the plan calls for nine months of services,
however the Executive Committee can come back next year and make
additional changes.
Chief Dyer stated in the 2nd year there needs to be more people involved in
the ACT.
Chief Penner commented the first year will be easy in comparison to the
second year.
Ken Taniguchi asked if there is any start-up money available to set-up
CDCR types of services in the county jail.
Chief Penner stated the county isn’t bound by CDCR policies.
Lynn Ashbeck asked if there are any funds for local medical services. She
offered that perhaps that should be undertaken by a community coalition as
the costs will be an added burden to the hospitals.
Chief Penner stated those types of services are currently not provided nor
will they provided after AB 109 implementation. There will be greater
impacts to the hospitals but there isn’t funding available.
Shawn Jenkins stated people on parole will be greatly impacted as well as
those in the county jail especially when the population increases.
Chief Penner stated jail costs are included in services in the jail and there are
no separate costs for beds.
Dr. Moreno stated there were reductions to medical services and staff in the
jail due to budget issues surrounding the closure of jail floors. An increase
to the population is an increase to services that haven’t been budgeted.
D.A. Egan stated that more time is needed to look at the plan before
presenting it to the BOS, and it should include projected costs or increases
for services.
Chief Penner noted the plan is in its infancy.
John Navarrette stated a review of the fiscal year and services that are
funded is necessary.
D.A. Egan stated that we need to ensure Title 15 is followed.
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Chief Penner stated the money is to address the realigned population.
Sheriff Mims noted in the first month six people will be received by the
Sheriff’s Department, and Probation will receive 110.
D.A. Egan suggested that the plan have a sunset date.
Chief Penner stated that a foundation needs to be set due to time constraints.
The CCP needs to establish the plan for the first nine months.
D.A. Egan asked if the CCP wants to make changes to the plan what tools
are available to make changes.
John Navarrette stated the BOS will understand that you are adopting the
plan, and you may need to go back to them with changes. The plan can be
presented to the BOS with an allocation of positions which is contingent on
the plan, inform the BOS that the plan is in progress.
Chief Dyer commented that the BOS must be made aware that the plan will
be modified.
Chief Penner stated there are seven executive body members of the CCP that
must vote before the plan and budget goes to the BOS for their approval.
Chief Dyer asked for clarification, once the plan is approved and goes before
the BOS it requires a 4/5ths vote to reject or approve the plan and the
budget.
Chief Penner responded the BOS must have a 4/5ths vote to reject the plan.
Chief Penner stated the executive committee needs to move forward with a
plan and noted it’s an evolving document.
D.A. Egan asked if the executive committee can make changes after the
BOS has made a decision on the plan.
Chief Penner responded it can be amended by the CCP executive committee
however any amendments must go back to the BOS. The plan and budget
must be presented to the BOS.
John Navarrette stated it would take a 4/5ths vote to increase appropriations.
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Donna Taylor stated Mental Health did not receive funds to serve this
population under the AB 109 realignment.
Gomer Piercey asked if funding will be available for inmate services.
Dr. Moreno stated the costs for health care needs must be addressed as soon
as possible to ensure the Sheriff’s Department will be in compliance with
Title 15. A 50% increase in inmates is a 50% increase in health care, mental
health, and dental. Dr. Moreno will work with Dr. Laird and the Sheriff’s
Department to ensure compliance.
John Navarrette stated the BOS may approve the plan but they may not
approve the budget.
Chief Dyer asked when the Sheriff’s budget was cut did the Health
Department’s budget also receive a cut.
Dr. Moreno stated when the health care realignment took place in the 1990’s
there was money for Health Care coverage however with this realignment
there is no money therefore the Health Department will have to reduce
services or develop new ways for treatment.
Chief Penner asked how many General Funds dollars are used to fund
inmates. Currently the county receives money for prison inmates and the
hope is that money will continue to come in when they’re local inmates.
John Navarrette stated as reductions in the jail occurred funding was reduced
for health care. It’s possible the BOS may continue the General Funds for
the departments or take funds away to assist the Health Department.
Judge Hoff stated the BOS will look at the whole picture as the plan moves
forward however noting this is just the implementation plan.
Dr. Moreno stated they need to establish costs in the plan of the amount that
will be necessary to fund health care.
Judge Hoff stated that a dollar amount doesn’t need to be included, it just
needs to be noted that various costs are associated with this plan.
Chief Penner stated start-up costs can include health care. The CCP
executive committee can choose on how to spend the start-up money.
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Judge Hoff made a motion to adopt the plan with the amended language to
include proposed budget shortfalls that are not addressed.
Chief Dyer asked if money can be used with contingencies.
Chief Penner asked to approve the plan as it stands then adopt a budget for
the start-up money as determined by the body.
It was motioned to remove the data and survey from the plan by DA Egan.
Judge Hoff accepted the proposal. Chief Dyer seconded the motion to move
on the changes. (approved)
D.A. Egan motioned for removal of the 2nd paragraph of page 19. Sheriff
Mims seconded the motion. (approved)
Sheriff Mims motioned for removal of the 2012-13 Costs in the budget
proposal. Judge Hoff accepted the proposal. (approved)
Art Wille asked if the executive body was approving the draft plan and
authorizing final approval at the next meeting.
D.A. Egan asked if language can be added stating that the plan can be
amended by the Executive Committee.
Art Wille stated he does not have that information on hand to provide an
answer.
John Navarrette stated as part of the agenda item to the BOS you can add a
disclosure.
D.A. Egan motioned to remove pages 21 to 27 up to Roles and
Responsibilities as an RFP can’t be added or it will be required; that portion
of the plan needs to be vetted.
Sheriff Mims seconded the motion. (approved)
Dennis Koch asked if it would be beneficial to make the BOS aware of the
services that will be needed.
D.A. Egan stated we can put that in a separate plan.
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Patrick Farmer asked if a section can be added that will include verbiage
regarding funding to be shifted to other law enforcement agencies
involved.(approved).
Chief Penner stated there aren’t enough funds to go around however it can
be included. It can read as future funds become available funding may be
used to add additional officers on rotational bases.
Public Presentations
(Agenda Item VII)
Lynne Ashbeck stated if the jail can’t hold the new populations the hospitals
will inherit them. Conversations will need to occur with the county and
hospitals.
Shawn Jenkins commended the Executive Committee for putting the
meeting together in such a short amount of time.
Lynne Ashbeck asked if the hospitals were able to have a seat in the
partnership. As last year the hospitals spent $3 million on services that was
not reimbursed.
Chief Dyer and Sheriff Mims stated members of the hospital can attend the
meetings however they do not have a vote.
Chief Penner read the names of the seven CCP Executive Committee
Members:
1.
2.
3.
4.
5.
6.
7.
Chief Probation Officer Linda Penner
Judge Gary Hoff, Presiding Judge
Public Defender Ken Taniguchi
Chief Jerry Dyer, Fresno Police Department
Donna Taylor, Department Head for Behavioral Health
Sheriff Margaret Mims
District Attorney Elizabeth Egan
Chief Penner asked for the Executive Committee to vote on the plan and
budget with its changes.
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Those in favor of the plan included:
Donna Taylor
Chief Dyer
Ken Taniguchi
Sheriff Mims
Judge Hoff
Chief Probation Officer Penner
Not in favor:
District Attorney Egan
The motion carried 6 to 1.
D.A. Egan stated she didn’t have enough time to review the documents
therefore could not vote in favor of the plan.
Next meeting: Friday, August 19, 2011 at 10:30 a.m., location to be
determined.
Meeting adjourned at 11:21 a.m.
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