Loading...
Memorandum of understanding for pre-trial diversion services with Court Options, Inc. -Reso►utrcr,kb,'2.42i-31c1S(o Memorandum of Understanding for Pre-Trial Diversion Services Between the City of Miami Beach,Florida and Court Options,Inc. I. Authority The Pre-Trial Diversion Program (the "Program") is a diversionary program that will afford qualifying offenders,as set forth herein,an opportunity to accept responsibility and appropriate non-incarceration sanctions for their actions,seek rehabilitation and divert their cases from the criminal court system. The Program will be established for the City of Miami Beach(the"City"), by Court Options,Inc.("Court Options")pursuant to the City's proprietary power,as set forth in section 166.021,Florida Statutes. II. Purpose and Background This Memorandum of Understanding("MOU")establishes the procedures that will be used by the City and Court Options in order to provide eligible individuals the opportunity to participate in the Program. This MOU further establishes the procedures of the Program and the process by which Court • Options will provides access to services. Further,this MOU addresses criteria for participation in,and rejection from the Program;and the responsibilities of the parties to this MOU. The Program.seeks to: • • Promote accountability and immediate intervention; • Increase public safety by assessing and referring participants to the Program with the goal of reducing illegal activity; • Ensure appropriate resource allocation; • Assist in ensuring consistent treatment of individuals who are first time offenders or have not previously been convicted of more than one(1)non-violent misdemeanor offense; • Reduce the number of pending cases within the criminal justice system; • Reduce costs associated with administration of the criminal justice system;and • Save taxpayer dollars by reducing costs normally associated with quality of life offenses. III. Procedures A. Qualified Participants and Referrals • 1. Qualified Participant("Participant")means any first time offender or individual who has not previously been convicted of more than one (1) non-violent misdemeanor offense,who has elected to participate in the Program. 2. All referrals to the Program must originate with a recommendation by the City's Municipal Prosecution Team. B. Participation in the Program • 1. Upon receipt of a referral,Court Options will conduct the initial screening of the Participant and evaluate the Participant's needs. 2. Each Participant agrees to comply with the Program requirements and perform specific conditions, as set forth by the City and Court Options. In return for successful completion of the Program and listed conditions,the City agrees to drop the Participant's criminal charges in that specific case, which enables the participants to avoid a criminal conviction. C. Court Options 1. Court Options will develop an individualized case plan for each Participant of the Program. 2. Court Options will monitor and supervise each Participant for compliance with the terms of the Program. 3. Court Options will regularly review the progress of each Participant towards meeting all conditions of diversion and counsel Participants as to the consequences of the failure to satisfy the conditions. 4. Court Options will provide job placement service information to unemployed or underemployed Participants. Court Options will encourage unemployed or underemployed Participants to improve their employability skills by recommending and assisting further schooling or j ob/technical training. 5. Court Options will follow-up and enforce all conditions of Program participation. 6. Court Options will monitor all Program Participants on a regular basis for • subsequent arrests and violations of the conditions of the Program and report such arrests/violations to the City within fifteen(15)business days. i. Staffing Agreement a. Court Options will staff their office for questions, registration, and • support Monday through Friday. b. Court Options agrees to have flexible hours of operation,to include evenings,weekends,and holidays. c. Court Options will have Spanish-speaking staff available to assist Participants in understanding and satisfying the conditions of their participation in the Program. d. Court Options will maintain trained personnel capable of acting as liaisons between the City and Court Options. ii. Rejection from the Program • . _,., ... .. Page 2 of4 a. Court Options will file a revocation/non-completion memorandum with the City recommending the termination of a Participant from the Program in the following circumstances: i. A violation of a Court-Ordered condition of program participation; • ii. The re-arrest of a Participant; iii. The failure of a Participant to comply with any or all the terms and conditions of the Program; • iv. The repeated failure of a Participant to respond to written • warnings notifying the Participant of potential violations(e.g. • classes,monthly reporting,class attendance,etc.). iii. Record Keeping and Reporting a. Court Options will provide certified annual financial disclosures of all its owners or partial owners. b. Court Options agrees to be subject to an audit regarding the Pretrial Diversion Program that is specific to the City of Miami Beach at the request of the City. • • c. Court Options will file appropriate memorandums with the City and • the Clerk of Court regarding a Participant's status (e.g. Acceptance, Rejection and Successful Completion). d. Court Options will maintain and update a secure database to track the progress of Participants in the program. • e. Court Options will maintain case records of each Participant for at least three (3) years following the termination of participation in the • Program. • iv. General Obligations a. Court Options will comply with all Federal and State laws,as well as • applicable Court Orders,necessary to provide program services. • b. Court Options will maintain a functional e-mail address with the • capability of receiving attachments, and will provide said e-mail • address to the City. c. Court Options will act as a liaison between the City and Participants. d. Court Options will collect and distribute Participant payments of program fees and City fees. Page3of4 v. Fees • a. The fee required to be paid by each Participant shall be no more than $150 for the cost of the Program,which shall be disbursed to Court Options.An additional$50 case processing fee shall be issued to each Participant and disbursed to the City. • b. Court Options may waive or reduce fees for indigent Participants or Participants on any type of public assistance. Court Options will not,under any circumstance(s),provide legal advice to any Participant(s). • D. City of Miami Beach 1. The City will cooperate with Court Options to coordinate regular meetings to discuss any issues, questions and/or ideas to improve Program services. • • • 2. The City will research all possible participants to make sure those same participants have not been cited or arrested in the past thus making them repeat offenders and disqualifying them from the program 3. The City will develop,assist and collaborate with Court Options'staff with respect • to Participant follow-ups and overall internal systems. • VI. Agreement This MOU is intended as a statement of cooperation between the Parties and is not intended as a legally binding agreement or contract. The execution of this MOU does not create any legally enforceable rights or obligations between the Parties. • The MOU will become effective upon its execution by the respective Parties and will remain • in effect for twelve(12)months,unless terminated earlier by the parties hereto upon thirty(30) days written notice to the other Party. IN WITNESS WHEREOF,the parties hereto have executed this Agreement or caused their duly authorized representatives to execute this Agreement on the da '•set forth rth below. • CITY MIAMI BEACH,FLORIDA COURT s. `i • . !/'I a T.Hudak,Cz anager : c G=rils� ;A: ecutive Director It 27_ �►1.; • Date George Romagosa,Executive Director •• A/Lc?"' _ • • Date APPROVED AS TO Page 4 of 4 P ' . FORM & LANGUAGE • & OR EXECUTION Li --I z2 City Attorney iv Dote