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HomeMy WebLinkAbout028 81 ,¡:¡II;E~~'_7:<::";r:'-".:J1"f.::'.':'!If . ",.' RESOLUTION No. 28~81 7¿¡ IlJjð 1/81 Clallam/Jefferson Counties Juvenile Diversion APPLICATION FOR STATE FUNDING OF DIVERSION PROGRAl1 'FOR 1981-1983 "'--~--...--- '-'1',1'1 "" IT ,ff"'·"r C· nt' ,,> J" F' "1n I)' , ~ '~';cn PI"" l'nç ß)·"1r 1 ~~~~,',:.;;;.,,::,~_:,':::..::._~~__~_~..::.0,;;:l~_:.yl. r ~~_( ,~ ,(_ ¡. Dick Lotz.gesell, Chairman of the Board, Clallam County Commissioners 2. CE¡rroll Hercer, Chairman of the Board, Jefferson County COllliaiss ioncrs 3. Hilliam E. HOvlard, Prosecuting Attorney, Jefferson County ¿~., ¡Zen Bryson, Chief of Forks Police Departme'nt 5. Steve Kernes/Danetta Ruttan, C1allam County Sheriffs Department 6. Alice "Teeny" Thorne, Clallam County Auditor 7. Dorothy Cadwell, Director- Clallam/Jefferson Counties Youth Services, Chairperson 8~ Mary Slehofer, Director, Port Angeles School District, Special Project 9. Patty Elofson, Lmvcr EIVlÌ1a Tribal Couneil 10. Hill Parsinen, Port Angeles Accountability Board l1t~mber. RATIONALE In accordance with the 1977 s~ssion of the Washington State Legislature, which approved the Juvenile Services Act of 1977, (House Bill 371). as amended,through :ìr2nate Bill 2768, ~7hich act mandates dive rsion for youthful offenders, the Judicial District of Clallam and Jefferson Counties recognize the need for, and do make application to the Secretary, Department of Social and Health Services for State Funding and for the Diversionary Program for Clallam and Jefferson Counties, that funds for such 11 program are to be provicled by \>1AC 275-34-0/.0 (4). In order to meet the intent ,to the Juvenile Services Act of 1977 and to reduce recidivism, the emphases are to divert a large percentage of the Juvenil~ Offenders being processed t.hrough the Court to Juvenile Diversion Program, The Diversionary Program has established Accountability Boards in the major geographical areas of Clallam and Jefferson Counties, i,e. Forks, Port Angeles, Sequim, Port Townsend, Clallam Bay and Hadlock-Irondale. The Indian Tribes have been contacted on four reservations. The benefits of such a diversion program serves to make community m2mbers serving on boan1fJ active participants in curtailing crime in their own community. The juvenile offender is being made aware of the direct :L"clationship between his or her behavior and the cOMnunity, and he/she has the opportunity to make amends to the victim or. community, which serves to minimize the youth's penetration into the traditional Juvenile Justice Court process. I. UNIT PERSONNEL RESOURCE COORDINATOR - DUTIES AND RESPONSIBILITIES A salaried person was screened by the Planning Group and was accepted, with final approval 2iuthority vc;sted vYÍth the Chief County Executive officers. This person has been dcrd.goated <.w th2 rm:30URCE COORDINATOR. A. tJork in program planning ,,1ith the assistance of the Juvenile Diversion Planning Board; assist chairman in developing agenda and other 4uties as identified. 2. Develop a budget and grant based upon Planning Committee Progn!n1 requests. Submit grant and budget to County COtr'.missioners and then to DSHS if approved by COir.-m:Î.ssioncY'G. (Jcffcrøon and Clallam County) .;L Hork under direction of County Corr.Inissioners until such time an orgHnization atruct\!ral changes arc madco 4. Supervise and select staff, other than Resource Coordinator, as per County Perso?nel Regulations. 5. Follow necessary County procedures when contracting for services. Services may include Alcohol vJorkshops, Decision l,faking ~lorkshops, Individua.l Counseling, and Diversion Horken¡. 6. Follow neceaoary County procedurea when making purchases. ¡:VOL 7 rAGE ~,01015 , . .' " Clallam/Jefferson counties Juvenile Diversion Application for State Funding of Diversion Program Page 2 7. Recruit, screen and train volunteer participants- including Accountability Board members. Assign responsibility to Jefferson and Cla11am County Diversion Workers with assistance from Resource Coordinator. 8. Provide for and/or assess counseling needs of divertees and make recommendations to CAB. Develop informational/educational and/or counseling interviews as needed. Assist in development of other services needed as they are identified. Contracting for services as needed. 9. Design and/or implement plans to develop public awareness/support of Juvenile Diversion concept. 10. Provide information to child/family on intent of program, including advisement of rights, options available, and impact of agreements. Carry out or assign initial interview, screen for appropriateness of potential divertees. 11. Work with County Commissioners, Juvenile Court and Prosecuting Attorney on all matters relative to· program when needed. 12. Work to settle any disputes with vitims relative to restitution. 13. Responsible or may assign responsibility for documenting violation of conditions of a Diversion Agreement and appear1ng at the hearing set for the purpose of possible termination of Juveniles contract with Juvenile Diversion and transferring such ofìenders cases to the Court. 14. Develop Community Service work sites and maintain contact with those supervisors and/or work with staff, assigned that duty. 15. Advise Accountability Boards when youth's contracts are successfully' completed, if requested. 16. Perform othe~ duties as required. JUVENILE DIVERSION CLIENT CONTRACT COORDINATOR Function of one person 1/2 time, 20 hours per week, with Career Counseling abilities. may have Teaching Certif1cate. 1. Spend half day at Juvenile Diversion office. 2. May teach youths not required to be "sited" at Juvenile Court. 3. Career counsel youths referred by Accountability Boards. Youth with no career goals are often referred for informational sessions. Use WOIS and Teach job seeking skills. 4. Develop new work sites for community service and assist work site supervisors when problems arise. 5. Coòrdinate divertees assignments with work site locations and record information. 6. Travel to Port Townsend and Forks bi-monthly for Career Counseling and to meet work site supervisors, if need is indicated. 7. Keep all records and develop necessary reports relative to Diversion Client Contracts. 8. Maintain Restitution records. 9. Perform other duties assigned by the Resource Coordinator. .JUVENILE DIVERSION SECRETARY 1. Maintain all Intake records of Divertees and monitor completed files. 2. Maintain information on restitution requests from victims, including seeking and receivlng information on amount tob~ ~et for collection, and to whom it is due. k VOL 7 rAGE - :1)1 016 , . Clallam/Jefferson Counties Juvenile Diversion Application for State Funding of Diversion Program Page 3 Secretary, con't. 3. Maintain the daily claendar for Accountability Boards, Resource Coordinator's schedule, other office appointments and interviews. 4. Work with Resource Coordinator on all office procedures necessary to maintain prog~am, including correspondence, typing of materials for Volunteers, maintaining files, compiling data for reports, and completing reports assigned by Resource Coordinator. 5. Perform other duties as required. JUVENILE DIVERSION WOP~ER- Contract I. Become aware of House Bill 371, it's rules, regulations and philosophy as well as become familiar with and aware of the intent of the forms used. 2. Interview and assign clients to Accountability Boards or Counsel and Release, based upon established guidelines. 3. Compile the Intake Information and have copies of the information in the clients file for the Accountability Board Hearing. , , 4. Appear with the client when necessary before Accountability Boards to, brief and assist the Board. 5. Develop work sites for Juvenile Diversion Offenders and make reconnnendations to the Board re: work sites for the clients and oversee the client until terms of the Diversion Agreement are met, if such service is requested by the Resource Coordinator. 6. Recruit and assist in training of Accountability Board Members. 7. Assume other responsibilities assigned by Resource Coordinator. This position is to be filled through an RFP with individuals. Contract to be within budget limits. Maximum total time is average 20 hours per week. Time to be allocated as needed. Approximately 10 hours per week in Jeffersc-n County will be used and the balance of time in the West End of Clallam County. LIAISON- PROSECUTING ATTORNEYS OFFICE AND JUVENILE DIVERSION PROGRAM A court officer will serve as liaison. STAFF TRAINING In order that the Resource Coordinator be cognizant of the Juvenile Court procedure, orientation to the Juvenile Justice System was provided by the Juvenile Court staff in conjunction with the Office of the Prosecuting Attorney, including exchanges of information with other counties involved in Diversion Programs wherein Accountability Boards have been established. Training is necessary and important part of any organization. Training will increase the effectiveness of the staff and keep them abreast of the changes in the law, rulès and regulations. Training will include Grant Writing, State Diversion Conference, Courses on Juvenile Justice System and/or technical offic'e courses. ~VOl 7 fAGE -01017 , , . .,. Clallam/Jefferson Counties Juvenile Diversion Application for State Funding of Diversion,Program Page 4 II. PROCESS OFDIVERTEE ASSIGNED TO DIVERSION UNIT A. Legal Sufficiency Tbe office of Prosecuting Attorney and/or the Juvenile Department screens potential diVèrtees for probably cause/legal sufficiency, and define category of offense. B. Case Selection Referrals received from Law Enforcement agencies involving juvenile offenders are screened according to statuatory provisions. If the juvenile meets the criteria for diversion, per 13.40.070 (6), e.g., having committed a minor offense and/or being a first offender, he/she is referred directly to the diversionary unit, in lieu of adjudication through the Juvenile Court process. A youth enters into a diversion program only after the responsible person has determined that proþable cause exists to believe a crime has been committed and the juvenile committed it. C. Legal Rights and Due Process of Divertee The right to counsel shall inure prior to the initial interview for purposes of advising the youth as to whetherhe/she desires to participate in the diversion process or to appear in Court. The youth is insured of due process and right of legal representation at any critical stage of the diversion process, including intake interviews, and termination hearings. He/she is further advised that, a diversion agreement shall constitute a part of the youth's criminàl history as defined by R.C.W. 13.l.0.02p (6). If youth selects to consult '{<lith a lawyer, he/she is to notify Juvenile Diversion of decision to enter Diversion or enter court within two weeks. Necessary forms designed under Court rules will be read and signed. D. Accountability Boards Accountability Boards are located in all major communities. Contracts will be offered to the clients in most cases by the Community Accountability Boards. All Board members will sign an Oath of Confidentiality at each hearing. It is the responsibility of the Resource Coordinator to insure that members selected and serving on Accountability Boards are made aware of Juvenile Justice Act procedures and the terms and conditions prevailing when a youth is diverted. Training will be through written materials, at workshops, and by observation of Board process. The Resource Coordinator or Diversion Worker recruits, trains, and screens persons to serve on the Boards. Final selection of the members is made by a sub-committee of no less than three members of the Juvenile Diversion Planning Board:. Length of time is open-ended. Persons can be removed frpm Boards upon recommendation of the Resource Coordinator and three Planning Board menrners. Members may ask for leaves of absence. Notice of Accountability Board membership will be sent to the County Commissioners for ratification. III.PROCEDURE WHEREBY DIVERTEES NEEDS AND OBLIGATIONS ARE ASSESSED & SERVICES AVAILABLE Upon receipt of case the staff person assigned to the case reviews the current case, prior client performance, and prior criminal history. If it is an appropriate case an intake interview is scheduled. Restitution During the Intake Interview, staff questions client relative to restitution and gives client information from the victim if it has' been received. The Staff observes the client's behavior, attitude and responses to questions as well as relationship between family members present. Appropriate questions will be posed to learn if the one Educational~ Informational or Individual Counseling Session seems necessary. The staff will so indicate to the Board. The Board will make the final decision. Services Educational need will be served by a staff member with capabilities in Career Counseling, tutoring, or mediation with school. An alternative schooì, "Choice", is available in the community and is a r~source when appropriate. t\qDL 7' urt iJ,14.,,'D..... 01018 ~ J. Clallam/Jefferson Counties Juvenile Diversion Application for State Funding of Diversion Program Page 5 Services continued Career' Counseling is appropriate to assist clients that have not begun to think of a career. We believe a career_goal assists in their decision making. WOIS (Washington Occupational Informatio Services) will be available as well as Job Search, Interviewing Techniques and Application Completion Instructions. Individual Counseling will be contracted with vendors in each community. An RFP wiil be submitted to possible vendors and posted at the Courthouse \ or City HalL Informational Sessions may be contracted out to vendors in each community. Alcohol OffendorS-may go for a 2~ hour Alcohol/Drug Workshop designed for Divertees. Information on the use of alcohol will be presented along with value clarification and decision making information. This is to help the youth in deciding on future actions. Shoplifters and other clients that would seem to benefit from a session on the impact of their decisions and some new decision making processes will be offered a Decision Making Workshop. Drug Users will attend the Alcohol/Drug Workshop until such time as the community offers one specifically for that subject. Motor Vehicle Violators will be sent to a workshop on that subject when it is available at no charge. Employment needs will be filled by referral to North West Counseling Service (A CETA Service for youth), Employment Security and any employers that make us aware of job opportunities. Youths responsible for restitution will be assisted if at all possible to locate employment. IV. CONTROL AND MONITORING PROCEDURES TO BE USED WITH THE PROGRM1 A Diversion Agreement between the youth and his Accountability Board may include community service not to exceed one hundred fifty hours; restitution is limied to the actual loss by the victim. Any restitution assessed does not exceed an amount which the youth could be reasonably expected to pay during the period of his Diversion Contract. The Resource Coordinator in conjunction with the Diversion Client Contact Coordinator monitors and maintains records indicating the numbers of hours of Community Service the youth performs, and if he fulfills the terms of his contract. V. RESTITUTION All victims will receive a letter and form from the Diversion Office requesting information and amounts of loss relative to the offense. Restitution monies are paid by the youth to the Resource Coordinator or other legally authorized person, whose responsibility it is to insure the damaged victim is reimbursed forthe amounts collected. Records are ma~ntained by the Resource Coordinator of all monies collected and disbursed. If restitution amount is disputed, the Staff will furnish data to the Community Accountability Board and they will determine amount. Victims will be reminded that they may seek Civil Action. , VDl 7: ~il¡r:; if ~,,~.... 01019' f ,. ". ., .. . ^ Clallam/Jefferson Counties Juvenile Diversion Application for State Funding of Diversion Program Page 6 VI. TEIDlINATION PROCESS A,written diversion agreement is executed by the youth and the Accountability Board in which all conditions are clearly stated. Violation of the terms of the agreement are the only grounds for termination. No youth is terminated from a diversion agreement without benefit of hearing, in which he is insured of his rights and due process. The hearing for termination includes demonstration by evidence that the diverted youth has substantially violated the terms of his/her diversion agreement. Attempts to make the youth aware of his point of jeopardy will be made by Diversion Resource Coordinator or assigned Staff Member. A meeting before a Special Accountability Board will be called. Written information is to be presented on alleged violations and is given to the youth. Board decides whether to give the youth a second chance or to return the case to Court. If case is sent to Court, a formal Court hearing is held in the Juvenile Court with legal proceedings identified per the R.C.W. as amended in 1979. Staff will appear in Court with documentation of failure to complete. VII. RECORDS AND CONFIDENTIALITY Client records are filed under a coded case number and maintained separate and apart from Juvenile Court records. Material recorded includes: Demographic information (address, date of birth, sex, parents), violation and information and restitution facts, information pertaining to the incident, educational factors to aid in assessing counseling needs, employment, :information relating to the Accountability Board session, signed agreements, progress reports on community service and restitution status. In addition, all contact with the youth or family is documented. Al client files are checked in and out by the secretary and only the juvenile, his/her family or those having investigative or supervising roles as per13./fO.272 (3) presenting a signed release are allowed access to those files. Victims and their immediate families have access to the cross referenced file which provides the circumstances of the alleged crime and restitution information. Information provided to the court is limited to the fact that charge or charges were made, the fact that a diversion agreement was entered into, the youth's obligations under such agreement, whether the alleged offender performed his or her obligations under such agreement, and the facts of the alleged offense. VII I . CASELOAD It is anticipated that approximately 550-600 youthful offenders will be eligible for diversion services during the third year of the program. This figured is based on 30 months experience and a total of juveniles diverted. IX. FOID,lliLATION OF DIVERSION PLAN (MODEL) Resource Coordinator was instructed by Planning Committee when employed to visit three Diversion Unit sites (suggested. by Walt Corwin of DSHS) and to then develop a plan based on observations and knowledge attained. The " plan was presented to the Planning Committee for their adoption. Consultation was held with Walt Corwin at DSHS at the beginning of the program. X. DISPOSITIONAL GUIDELINES AND STANDARDS The guidelinés and standards were developed to insure that juveniles are handled in a fair and equitable manner. \'[]1_ 7 r'("_ ;]1020 h' (,1,,' . [!:. ~'.I ~~ . EXHIBIT B CLALLAM-.JEFFERSON COUNTIES .JUVENILE' DIVERSION BUDGET 7/1/81 TO 1/1/82 REQUEST TO DSHS EXTENSION OF GRANT 1554-B GG 28187 WAGES . J~tlOllrt"&> r.no-'" ~ Work-~ito - ., Adm TT ........ u..1... Total Wal?e¡::¡ BENEFITS Ind. Ins. OASI Ret. 'Medical ~ick Leave' '1'('\"1' AT, RI'Nl4']<'T" ' " '1'(\'1' AT !=:v!=:, SUPPLIES Operatin2 Other '!'()'!'AT <.:IIPPLV PROF' & -nmffi',... !=:v!=:, Tndi - Alcohol Wkshn. ,~ ~ Decision Making WkshD. niv¡:or¡::¡ i 0'" t.TI,.... P.T. Fork.. C;:TTR ' '!'()'!' AT: 'PROP. !=:v!=: Stamns Travel Adv. clients Ins. Utilities Bld2.Rent Copier TraininR Mise. SUB TOTAL-OTHER 'rO'!'AY, . 'Dun'&' r GOVT ~ERVTr.F.~ SCAN Phone Central Svs Move nhones EQUIPMENT '!'()'!'AT. cuc ""'\ Phone'»- ..J II?RO.OO 4.422.00 7 ,~q¡;. 00 1~<;;' (\(\ 104 .00 1528.00 1701.00 2475.00 500.00 1430.00 600.00 360.00 200.00 600.00 1760.00 1760.00 300.00 1200.00 25.00 100.00 180.00 1980.00 630.00 330.00 , 900.00 , 1"\1"\ 1\1"\ 41-925.00 V0l 7 rAt£ , 01021 Date 3/17/ 19a1.. , " '. , - -".-.---- ..: ~. Clallam/J(~f£e:r.son Counties Jmh~!1ile Diversion Application for State Funding of Diversion Program Page 1 XI. PROGR.!\.Ì'-1 EVALUATION ProgrcriS reports and statistics for the program are prepared quarter.ly by the Resource Coordinator and include the following information: a. Number of referrals to Court. b. NHmber of youths diverted to Diversion Program. c. Number or youths completing accountability contracts. d. NUTI~)er of youths for ~rl1ich contract terminated. e. Recidivism of youths involved in Diversion Program. The major purpose of the evaluation ~YÍll be to determine the differences in effect on rccidivÜ;m among first offenders bet\.¡cen traditional Court process and those diverted to Diversionary program. All statistics and records for the Diversion Program are made available to the Secretary of the Department of Social and Health Services or his authorized representative for inspection and evnluation to determine if the program is being operated in compliance with standards established pursuant to R.C.W. 13.40. DSHS Staff will have responsibility to evaluate grant performance. XII. STATEHENT OF ASSURANCE I, Dorothy Cadl:Jcll,Chairperson of the planning committee and Director of Juvenile Court Services, for the Judicial District of Clal1am and Jefferson Counties; with the knowledge and consent of the county executive officer, hereby assu.res the Secretary of the Department of Social and Health .Services that all facilities and services described in the attached application for diversionary funds "Jill be made available to any youthful offender uherein it is determined by the Juvenile Court and/or the Office of the Prosecuting Attorney, that the youth uould benefit by and it would be re~Gonably essential to his/her rehabilitation, if accepted by the Diversionary Unit1 pcr RCW 13.40.080 (8). Clallam and Jefferson Counties Juvenile District further assures the Secretary of Department of Social and Health Services that it will not in the operation and adminis"i;¡:ation of the Diversionary Program refuse or deny admisnion for ercployment or othenJise d~"ny participation in Buch program because of race, dl-dL~ j5õrö"iTIY Ca . eïl, Gharý.~ôn~-·'·-~-H.L:'BUcl1"ma.nn, -RëSõürè'~-ë1õrdTñ'atõr Planning C m.¡nittG(,~ Juvenile Diversion Unit Diversion Program ", / r/,~' CON,l{...r,S,' SI0NERS L /,...... p <.....~ ¿~' ~- "'~""V'~" .~ .____ _ ' _,J'.,.~::..._C . . '1 7"'" . ¡)lCK ¡.(~t~~ge8e 11 ~ ~_~__, _. _ßd&~~ .' , DOll, Fec~ley . ," .'- B.G. Brown C'/~, ",','",'.,',',', 1"",'..,.."',, /"",. "",.~,. ~'-_._~. ':'--.., , ",'~... , '.,/:) ,. , ø~ I} ,\,,¡.' ./ / /) \;,"".<: ., '," ;..t I. , ,.,-:; f <, ' ___ '.._··Ô¿~ '-' =-~4- e~--/ -~ß1J!.V8 '1l1L:JJ!:)Q!L", -~-- Har~_. Lydiard Carroll M. Mercer JEFFERSON COUNTY CO}ll4ISSIONERS '7) OL1 a' _(JiZ~I1::tt¿:I-dJ~-,.- A.N. 0 Heara ~ -cd th . ~~ ~kdL~~ r c:.c,- ¡VDl 7 fAGE 1'[)1 022 -.J .... . Clallam-Jefferson Counties Juvenile Diversion Unit 603 E,8th Street, Suite 5, Port Angeles, WA 98362 · 452-7831 ext. 328 To: Jefferson County Commissioners From: H.L. Buchmann Date: April 6, 1981 Re: Juvenile Diversion Grant Enclosed please find a copy of the Juvenile Diversion Grant for 7/1/81 to 1/1/82 for your files. ... ... " m--- 'f! r-;::~ ~¡ ~ i r ¡-; ":, ' I' , 1,::) ,r"j \ i l,r· iç.....,{ ! f:~,,! I ilL I ¡ ~~,~ L;"._. ,~~, ~""'} Lh0 ¡.... U,ì ~ <)' 1...¡-.1 tirr\ {·'...JV .. Clallam·Jefferson Counties Juvenile Diversion Unit 603 East 8th Street, Port Angeles, Washington 98362 . JEFFERSON COUNTY BOARD OF COMMiSSIONER3 Telephone 206 452-7831 Ed. 328 or 329 ,. To: Marilyn Perry From: H.L. Buchmann Date: April 6, 1981 Re: 1981-1983 Grant Application Attached please find C1allam-Jefferson County's grant application for the Juvenile Diversion Program for the 1981-1983 Biennium. You will note the budget is for the six month period of 7/1/81 to 1/1/82, as you requested. The Planning Committee had "okayed" the outline and Dorothy Cadwell, Chairman,' signed it. Both sets of County Commissioners have ' signed. HLB/jc "