HomeMy WebLinkAbout1986-09-16; City Council; 7693-1; Juvenile Diversion Program RevisionCl
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CITI' ·)F CARLSBAD -AGENDJ •• )ILL
AB# 7683--I
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DEPT. POLICE
I.IILE;
RECOMMENDED ACTION:
JUVENILE DIVERSION PROGRAM/ REVISION DEPT. HD.~~
CITY ATTY.=.._
CITYMGR. ~
Adopt Resolution No. (7'13/ authorizing the City to contract with Penny
Velazquez to administer the Juvenile Diversion Program.
ITEM EXPLANATION:
The Police Department has developed a revised and more comprehensive Juvenile
Diversion Program. The revised program evolves from the original program
which was implemented in April, 1984. The original program was suspended in
June, 1985, due to a lack of anticipated joint funding with the School District
and desire of the Police Department to restructure the program.
The original program employed a psychologist to counsel selected youthful
offenders who were referred by both the School District and the Police
Department. The City paid the direct cost of the counseling service.
The revised program will bring youthful offenders before a volunteer community
panel where a mutually acceptable remedial program of activities will be agreed
upon. The program administrator will facilitate this process and follow-up.
on youthful offender progress, reporting findings back to the Police Department.
Those offenders who fail to complete the program in a satisfactory manner will
be referred to the Juvenile Justice System.
Requests for proposals to administer the program were sent to four (4) individuals
known to be qualified, and three (3) community social service organizations.
Only one (1) response was initially received and the respondent has since
withdrawn her interest in the program. Penny Velazquez subsequently came
forward and formally applied to administer the program. Penny appears to be
highly qualified and an excellent candidate to fill the program's needs.
FISCAL IMPACT:
If imph:mentation occurs in September, 1986, the cost for fiscal year 86-87
will be approximately $11,000. Funds to cover the cost were included in the
Police Department's current operating budget. The yearly cost of this program
is approximately $2,000 a year more than the original cost of the original
program, which equates to $12,480 annually.
EXHIBITS:
l. Staff Report explaining revised program.
2. Resolution No. f:ZCJt/. .
3. Standard consultant agreement.
4. Letter of Endorsement from Chief Deputy District Attorney.
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To: Lt. G. Fried via Sgt. Huntington
From: A. Viera #222
Subject: Proposed Change in current Diversion Program
EXHIBIT #1
Date: 10-21-85
The Carlsbad Police Department having previously identified the issues
surrounding the treatment and disposition of first time juvenile of-
fenders through informal intervention, did institute a Work/Diversion
program in 1983. This program is currently functioning successfully
and has functioned successfully for the oast two years.
As is the case with most new programs, certain problems surfac~ within
the ?rograms original design and need to be worked out so that the most
effective and efficient ?rogram nossible can exist. Since the concep-
tion of the departments proe~am it has functioned admirably, however,
as the program continues to grow, the program is experiencing difficul-
ties with the necessary follow-up of the programs oarticipants. Out-
side of the on hands types of assignments, there is little or no
follow-up as promised the offender. As part of the contractual agree-
ment, it is required that the offender not be truant, that additional
counseling be ordered, that no other arrests occur, and that the person
not be a runaway or incorrigible. Undbr the present program, it is
very difficult to follow up on these sµecific sanctions of the contract.
Thus with the lack of accountability/responsibility by the offender
for these specific provisions, our credibility suffers and the impact
of the program as designed loses its desired effectiveness.
In an effort to bette·c deal with this problem and achieve the goals of
the diversion process, it is requested that the following changes in
our existing program be made. Essentially, the same objective is
achieved, however, how it is achieved is the difference. No addition-
al costs would be required to make these changes.
First, the 'current program includes the screening of cases by the Juv-
enile Diversion Officer for acceptance into the program. Then a
counseling session for the offender and parent(s) is arranged. The of-
fender and parent(s) meet with the Juvenile Diversion Officer and agree
to a contract of assignments in lieu of going to Juvenile Court. The
offender and parent(s) then ~articipate as agreed upon, and uoon their
completion of assigned task$ they would be finished with no additional
contact or follow-up with either participant due to the number of part-
icioants and time constraints afforded the Juvenile Diversion Officer.
The-major phase of accountability by the offender is lost at this µoint
and is the essential ingredient of a succes~ful program.
The proposed changes in the aforementioned program would be the addition
of a program facilitator and a Juvenile Justice Panel. After the arrest
and screening by the Juvenile Diversion Officer, each acceµted case
would be forwarded to the program facilitator for the scheduling of
an appearance before the Juvenile Justice Panel instead of the Juvenile
Diversion Officer. The Juvenile Justice Panel would then hear each
case at its aooointed time and at this time the panel would make the
appropriate assignments and a contract reached with the offender and
parent(s). The offender and parent(s) would participate in the program
as assigned, and upon their completion of assignments, they would be
required to reappear before the Juvenile Justice Panel to verify the
completeness. Upon the Juvenile Justice Panel being satisfied that
the contract was fulfilled, the youth would be released, however, the
case would not be closed but held in abeyance for a period of 60-90
days, wherein the program facilitator would be &ble to follow-up with
the participants for any of the aforementioned problems that could occur.
If any of these problems were to occur during this time period, the
program facilitator would meet with the Juvenile Diversion Officer to
determine whether or not to have the offender and parent(s) reappear
before the Juvenile Justice Panel or to file a t>etition with the Juvenile
Court. The appropriate action would then be taken. If no other pro-
blems were to surface during this time period, the offender would have
their case closed and the charges against them drol?ped.
The primary changes brought about by the introduction of the Carlsbad
Juvenile Justice Panel would be:
1. There would be a coordinating p~rson outside of the police depart-
ment with the expertise to facilitate the panel meetings, offer
counseling, and to follow-up on all of the programs participants.
2. There would be more community involvement in the work diversion
program primarily as justice panel renresentatives.
3. There would be more accountability by the offender directly to the
community verses just the police deuartment.
4. There would be an increase in the age range of participants in the
diversion program due to the panels flexibility of assignments.
What is the Carlsbad Juvenile Justice Panel (CJJP)? It would be a
community based alternative program for first time offenders of minor
crimes. The offenders who meet the criteria for the program are re-
ferred to a panel of community volunteer representatives who would be
responsible to assign consequence~and verify completion of assign-
ments by offenders. The panel o our community representatives would
as:;emble one night a week along~ e the deparmtnet Juvenile Diversion
Officer and diversion program facilitator. The program facilitator
would conduct each of the hearings. A background of each case would be
presented to the Justice Panel by the Juvenile Diversion Officer. If
the victim in the case desired, they could give testimony or make a
statement to the panel. After the panel was briefed on the case, the
victim would be excused and the offender and parent(s) would be intro-
duced to the ?anel by the program facilitator. The panel would then
question the offender and parent(s) about the case, not from a stand-
point of sitting in judgement of the family, but from a point of look-
ing for causal factors. The family would also be allowed to make any
statements that they felt were appropriate to the case. The offender
and parent(s) would then be excused while the panel decided upon the
contractual assignments. All parties would then return before the panel
the contract will be explained and agreed upon by all parties and
signed, and then the family would be rescheduled to appear before the
panel to vefiry comoliance with the contract. The hearing then con-
cludes for that case with the appropriate follo~-up by the program
facilitator. •
Prior to each panel representative sitting in on a panel, he/she would
be given a guideline manual outlining the proce!dures and goal of the
Juvenile Justice Panel. A guidelines manual iEi attached to this memo-
randum.
Currently, the budget for the Work/Diversion Program allocates $230.00
weekly for counseling services administered through a program entitled
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PROJECT PACE. The costs covered the salary for the facilitator of this
specific program. It is requested that the same funds be used for the
salary of a contracted nerson to coordinate the efforts of the police
deuartment and the Juvenile Justice Panel. This would entail 12 hours
of.work a week at an hourly rate of approximately $19.16 an hour verses
4 hours a week at $55.00 an hour.. The program facilitator would be re-
sponsible for establishing a revolving panel of community representatives
conducting the hearings thems,~lves, and performing any follow-up on
the youth as needed. Although no direct individual or family counseling
will be given, the facilitator should be licensed in the counseling
field and should have an extensive background and familiarization with
county/city counseling agencies and services.
I have also enclosed a resume to this memorandum from Julia Darling. I
have served with Julie as a member of the school districts Student At-
tendance Review Board, and worked with her professionally through both
Project OZ and the Center for Human Developement. I feel she is well
qualified to serve as the facilitator for the Justice Panel should we
choose to establish this program. She has both the education and the
contacts with local agencies that would be important in performing in
the capacity needed. I have spoken to Julie about this program and she
has expressed a great deal of enthusiasm in getting the program off the
ground and making it a viable respectable diversion alternative.
Respectfully Submitted,
A. Viera /1222
Juvenile In,,estigator
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RESOLUTION NO.~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEHENT
BETWEEN THE CITY OF CARLSBAD AND PENNY VALAZQUEZ
EXHIBIT #2
TO ADMINISTRATE/FACILITATE THE POLICE DEPARTMENT'S
JUVENILE DIVERSION PROGRAM.
WHEREAS, the Carlsbad Police Department has developed a revised
comprehensive Juvenile Diversion Program designed to target selected offenders,
provide prompt intervention to discourage delinquent behavior and divert our
youths from the criminal justice system; and
WHEREAS, an integral component of the Diversion Program requires an
administrator to racruit community volunteers, preside over weekly hearings,
produce necessary documentation, perform follow-up requirements and;
WHEREAS, Penny Velazquez has responded to the Police Department's
request for Proposal/Bids to perform the required services and;
WHEREAS, Penny Velazquez is qualified and capable of performing the
requl~ed services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the above recitations are true and correct.
2. That th~ City Council recognizes the Police Department's concern
in preventing juvenile-related crimes against the community and strongly
supports the Juvenile Diversion Program.
3. That certain agreement between the City of Carlsbad and Penny
23 Valazquez for administering the Police Department's Juvenile Diversion
24 Program, a copy of which is attached hereto, marked Exhibit /13, and incorporated
25 herein by reference, is appr~ved.
2.6 XX
27 XX
28 XX
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad held on the 16th day of September
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
~ ) £r~
ALETHA L. RAUTENKRANz\
City Clerk
(SEAL)
!
MARY H. ASLER, Mayor •
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, 1986,
/ .::,
l AGREEMENT FOR ADMINIS'rERING
JUVENILE DIVERSION PROGRAM 2
EXHIBIT #3
3 This agreement is made and entered into this£. day of ~4:V
4 1986, by and between the City of Ca ·lsbad, a municipal corporation, (hereinafter
5 referred to as "City") and Penny Velazquez, (hereinafter referred to as
6 "Consultant") .
7 RECITALS
8 City requires the services of Consultant to administer/facilitate the
9 Police Department's Juvenile Diversion Program.
10 Consultant possesses the necessary skills and qualifications to provide
11 the services required by City.
12 Consultant has submitted a response, dated May 29, 1986, for the provision
13 of services required by the City.
14 Now, therefore, in consideration of these recitals and the mutual
15 convenants contained herein, the City and Consultant agree as follows:
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1. Consultant's Obligations
A. Consultant shall provide, under the direction of the Carlsbad
18 Police Juvenile Investigator, in a professional manner and in conformance
19 with the most current standards and practices of the Consultant's profession,
20 the services specified in the City's request for proposal, dated January 6,
21 1986, on file with the Carlsbad Police ~epartment and incorporated by this
22 reference. Services to be provided shall include, but not be limited to:
23 B, Arranging fer continuous selection and rotation of citizen
24 volunteers who will form the Juvenile Justice Panel.
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26 offenders.
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C. Preside over weekly hearings between Panel and juvenile
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l D, Perform follow-up on youthful offenders as necessary and report
2 back to project coordinator.
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E. Produce appropriate documentation as necessary.
2. Payment
5 As full compensation for Consultant's performance of work under this
6 contract, City shall pay to Consultant within thirty (30) days after submission
7 of a written bill for payment fees of $20 per hour for services performed,
8 not to exceed twelve (12) hours per week.
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3. Term of Agreement
The term of this agreement shall be for one (1) year. Th€ City Manager
11 is authorized to periodically extend the term of this agreement for additional
12 periods of one (1) year or less provided that the City Council shall have
13 first approved sufficient budget appropriations in the annual budget of the
14 Police Department to cover the cost of the services performed during the
15 extension period. In approving an extension, the City Manager is authorized
16 to adjust the payment schedule provided, however, that the amount of compensa-
17 tion paid to the Consultant during an extension period shall not exceed the
18 amount previously appropriated by the City Council. City may terminate the
19 I contract at any time without liability if Consultant fails to satisfactorily
20 perform the services under this contract. Notice of the termination shall be
... ~ , made in writing executed by the City Manager.
22 4. Status of Consultant
23 The Consultant shall perform the services provided herein in Consultant's
24 own way as an independent contractor and. in pursuit of Consultant's independent
25 calling and not as an employee of the City, Consultant shall be under t.he
26 control of the City only as to the result to be accomplished, the scheduling
27 of the services, and the provision of a location for the p~rformance of the
28 services in a place convenient to the Carlsbad Police Department.
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Consultant shall comply with the requirements of Section 3700 of the
California Labor Code and shall also assume the defense and indemnify and
save harmless the City and ~ts officers and employees from all claims, loss,
damage, injury, and liability of every kind, nature and description brought
by any person employed or used by Consultant to perform any work under this
contract regardless of responsibility for negligence.
5. Indemnity and Insurance !
A. Indemnit.Y.!_ Consultarit shall assume the defense of and indemnify
and hold harmless the City and its officers and employees for all claims, loss,
damage, inJury and liability of every kind, nature and description directly
or indirectly arising from or in connection with the performance of the
contract or from any failure or alleged failure of the Consultant to comply
with any applicable laws, rules, or regulations including those relating to
health and safety or resulting or arising from any advice or information
provided by Consultant to any member of the Carlsbad Police Department except
for loss or damage which was caused solely by the active negligence of the
City. The expenses of defense include all costs and expenses including
18 I attorneys fees for litigation, arbitration or other dispute resolution method.
19 I B. Insurance. Consultant shall carry insurance in an amount not
20 less than Six Hundred Thousand ($600,000) Dollars covering the liability
21, stated in this paragraph, naming the City as an additional insured.
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6. Assignment of Contract
Consultant shall not assign this contract or any part thereof or any
monies due hereunder without the prior written consent of tne City.
7. Verbal Agreement or Conversation
No verbal agreement or conversation with any officer, agent or employee
of the City either before, during, or after the execution of this contract
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shall effect or modify any of the terms or obligations contained herein nor
shall such verbal agreement •)r conversation entitle the Consultant to any
additional payment whatsoever under the terms of this contract.
IN WITNESS WHEREOF, this agreement has been executed the day and year
first above written.
DATED: $g_~v )?j , 1986
CITY OF CARLSBAD
By:
APPROVED AS TO FORM:·
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ATTEST:
. ALETHA L. RAUTENKRANZ
City Clerk
RICHARD D. HUFFMAN
Assistant District Attorney
R!CHARD J. NEELY
Chief Deputy District Attorney
OFFICE OF
THE DISTRICT ATTORNEY
COUNTY OF SAN DIEGO
EDWIN L. MILLER. JR.
DISTRICT ATTORNEY
EXHIBIT #4
IX P.O. BOX 11188
SAN DIEGO, CA 92111·0040
□ 325 S. MELROSE
VISTA, CA 92083,6691
□ 500 3RD AVENUE WAYNE A. BURGESS
Chief Investigator CHUl,A VISTA, CA 92010-5694
March 14, 1986 □ 250 E. MAIN STREET
EL CAJON, CA 92020,3981
Lt. Gregory K. Fried
Investigations Commander
Carlsbad Police Department
1200 Elm Avenue
Carlsbad, California 92008-1989
Dear Lt. Fried:
The proposed "Carlsbad Juvenile Justice Center" appears
to be an innovative and responsive program to deal with first-time
juvenile offenders who have committed a minor crime. The concept
has several advantages which include the involvement of the com-
munity, accountability and the very important follow-up to the
contractual arrangement.
Since the decision to refer a juvenile and case to the
Juvenile Justice Center will be made by the Juvenile Diversion
Officer, I would anticipate ccntinued participation in the San
Diego County Juvenile Justice Interagency Agreement. This
approach will hopefully allow your department to expand the re-
habilitative component of your program in a meaningful and
effective manner. Mediation centers are advantageous to the
justice system and in essence this is a specialized mediation
concept for dealing with this target population.
Consequent!~ I feel the program is a sound one and
would continue to emphasize the accountability factor in dealing
with early juvenile offenders. Utilization of our community
based resources at the earliest stage is extremely important to
our success with these minors. I look forward to the successful
establishment of your "Carlsbad Juvenile Justice Center" and will
be interested in watching its progress. Congratulations on the
development of a good alternative to your present program.
MJL:pa
Sincerely,
-)/1 /1 )/ //:/4-/.. ~ ,;,...dt ~ !..-e,.__,;>(,.l..-LCA:__,
MELINDA J. LifSATER
Chief Deputy District Attorney
Juvenile Division
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