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