Agenda Item # 5
Columbus Consolidated Government
Council Meeting
December 16, 2008
Agenda Report #348
TO: Mayor and Councilors
SUBJECT: Probation Services Agreement - Judicial Alternatives of
Georgia, Inc.
INITIATED BY: City Manager?s Office
______________________________________________________________________________
Recommendation: Approval is requested for the Chief State Court Judge to enter
into a contract with Judicial Alternatives of Georgia, Inc., (JAG) for
probation services.
Background: O.C.G.A. ? 42-8-100 et seq. provides for the establishment of an
agreement between chief judges of county courts and corporations, enterprises
or agencies for probation services that said chief judge of any court within
the county, with approval of the governing authority of that county, is
authorized to enter into memoranda of agreement or other written documents
evidencing contracts with corporations, enterprises or agencies, or to
establish a county probation system.
JAG Probation has been servicing State Court for more than six years, has
supervised more than 17,000 probationers and has collected more than
$3,000,000.00 in fines.
Misdemeanor probation is currently provided by private companies to Muscogee
County Superior Court, State Court, Recorder?s Court and Municipal Court.
These services do not require any financial obligation on the part of the
Columbus Consolidated Government.
Analysis: State law requires that a contract approved by the County and
Municipal Probation Advisory Council be in place. The Municipal Probation
Advisory Council has requested that the current contract be replaced by the new
contract. The substantive difference in the new contract and the old contract
is that the new contract recites the legal obligations of the probation company
on its face rather than citing those obligations by reference to the Official
Code of Georgia.
Financial Considerations: These services do not require any financial
obligation on the part of the Columbus Consolidated Government. The cost
associated with the this services will be passed on to the individuals placed
on probation.
Legal Considerations: State Law requires that a contract for probation
services be approved by the governing authority.
Recommendations/Actions: Approval is requested for the Chief State Court Judge
to enter into an agreement with Judicial Alternatives of Georgia, Inc.
A RESOLUTION
No. ___________
WHEREAS, Council Recognizes the need for professional, well coordinated
probation services as an integral component to an overall jail overcrowding
solution and court fine collection program;
WHEREAS, O.C.G.A. ? 42-8-100 et seq. provides for the establishment of
an agreement between chief judges of county courts and corporations,
enterprises or agencies for probation services that said chief judge of any
court within the county, with approval of the governing authority of that
county, is authorized to enter into memoranda of agreement or other written
documents evidencing contracts with corporations, enterprises or agencies, or
to establish a county probation system;
WHEREAS, The Chief Judge of Muscogee County State Court is hereby
requesting approval of Council of the Contract for Probation Services
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:
The Contract attached hereto between Judicial Alternatives of Georgia
and Judge Andy Prather is approved.
Introduced at a regular meeting of the Council of Columbus, Georgia,
held the _______ day of December, 2008 and adopted at said meeting by the
affirmative vote _______ members of said Council.
Councilor Allen voting ___________
Councilor Anthony voting ___________
Councilor Baker voting ___________
Councilor Barnes voting ___________
Councilor Davis voting ___________
Councilor Hunter voting ___________
Councilor McDaniel voting ___________
Councilor Turner-Pugh voting ___________
Councilor Woodson voting ___________
_____________________________ _____________________________
Tiny B. Washington, Clerk Jim Wetherington, Mayor
JUDICIAL ALTERNATIVES OF GEORGIA, INC.
PROBATION SERVICES AGREEMENT
THIS AGREEMENT (?Agreement?) is entered into this 10th day of December 2008, by
and between Judicial Alternatives of Georgia, Inc., a Georgia corporation with
its principal place of business at 3718 Second Ave., Columbus, Georgia (?JAG?)
and the State Court of Muscogee County, Georgia (?the Court?), and is to be
approved by the Columbus, Georgia Consolidated Government, and is effective
upon signing by all parties hereto.
WHEREAS, the Court has determined that a present need exists for certain
probation services;
WHEREAS, the Court is authorized to enter into this Agreement by Official Code
of Georgia Annotated, Sections 42-8-100 through 42-8-108, and by other laws and
regulations to which the Court is subject;
WHEREAS, JAG is qualified and experienced in providing comprehensive
professional services regarding probation supervision, fine collections,
counseling, and other probation services for persons convicted of certain
misdemeanors;
WHEREAS, JAG is registered as a private provider of probation services with the
County and Municipal Probation Advisory Council, as required by Official Code
of Georgia Annotated, Section 42-8-107(a)(1);
WHEREAS, JAG is willing to provide such services to the Court in compliance
with Georgia law, and in compliance with all standards and qualifications of
the County and Municipal Probation Advisory Council; and
WHEREAS, the Court and JAG agree that the terms and conditions of this
Agreement apply to the services to be provided hereunder;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
1. RESPONSIBILITIES OF JAG.
In consideration of the obligations of the Court and/or Governing Authority,
JAG shall provide the following services.
A. Compliance with Statutes and Rules. JAG shall comply with Article 6 of
Title 42 Chapter 8 of the Official Code of Georgia and all standards, rules and
regulations promulgated by the County and Municipal Probation Advisory Council.
B. Records and confidentiality. JAG shall create and maintain individual files
for each offender receiving services from JAG in accordance with this
Agreement. JAG shall maintain the confidentiality of all files, records and
papers relative to supervision of probationers under this Agreement. These
records, files and papers shall be available only to the judge of the court
handling the case, the Department of Audits and Accounts, the County and
Municipal Probation Advisory Council and upon transfer of probation supervision
to the State, to the Georgia Department of Corrections.
C. Financial Records. JAG shall maintain financial records according to
generally accepted accounting practices.
D. Officer Qualifications and Training. JAG shall employ competent and able
personnel to provide the services to be rendered hereunder and to appropriately
administer the caseload. All probation officers shall be at least twenty-one
(21) years of age and have the educational qualifications as required by
Official Code of Georgia Annotated, Section 42-8-102. All probation officers
shall also comply with the orientation and continuing education training
required per annum under the same Code Section. No person who has been
convicted of a felony will be employed by JAG as a probation officer.
E. Criminal History Check. JAG shall have a criminal history records check
made of all probation officers, as well as all of its owners, operators,
directors, agents, or employees who provide services to offenders, who have
access to its records, who have face-to-face contact with offenders under
supervision, or who have access to offender data, and certify the results to
the County and Municipal Probation Advisory Council.
F. Frequency of Contacts/Officer per Probationer Ratio. JAG shall manage
caseload limits so as not to exceed 250 probationers per probation officer for
low level supervision, 200 probationers per probation officer for standard
level supervision, and 150 probationers per probation officer for maximum/high
level supervision. Low level supervision includes probationers required to
have one face-to-face contact per month with a probation officer, but will be
required to make weekly or bi-monthly payments to an accounting clerk. Standard
level supervision includes probationers required to have face-to-face contact
bi-monthly with a probation officer, and could be required to make weekly
payments to an accounting clerk. Maximum/high level supervision includes those
probationers who are required to have face-to-face contact with a probation
officer on a weekly basis, and required to submit to random drug screens.
G. Location. JAG shall maintain an office in Columbus, Georgia for meeting with
and the provision of services to probationers.
2. SCOPE OF SERVICES BY JAG TO PROBATIONERS.
JAG shall provide the following services, as appropriate to each case, to
probationers referred by the Court.
A. Court Attendance and Probationer Case History. During all court sessions,
JAG shall have a probation officer attend and interview each offender to
complete a case and personal history and to provide orientation and instruction
regarding compliance with the Court?s ordered conditions of probation. At
orientation, the probation officer shall provide a list of all service fees to
the probationer.
B. Supervision. JAG shall monitor and supervise probationers to ensure
compliance with the Court?s order of probation. JAG shall make a supervision
assessment of the offender and determine the probationer?s reporting schedule.
Offenders determined by the court to be indigent shall be supervised at no cost
to the probationer or the Court or Governing Body.
C. Restitution/Fine/Fee Collection. JAG shall collect restitution, fines,
court costs and fees, program fees, and probation fees as ordered by the
Court. JAG shall provide an itemized bill prepared in accordance with accepted
accounting practices for each month for each probationer.
D. Community Service. JAG shall coordinate, monitor, and ensure compliance
with community service by each probationer as ordered by the Court. JAG will
maintain records of service participation.
E. Employment Assistance. JAG shall prepare referrals and lend reasonable
assistance to probationers either to the extent ordered by the Court or to the
extent available for probationers desiring employment assistance or counseling.
F. Drug/Alcohol Screening. JAG shall coordinate with local authorities and
facilities, for evaluation and assessment of probationers for drug/alcohol
rehabilitation, mental health or psychological counseling, or educational
programs mandated by the Court and shall require probationers? compliance. JAG
shall conduct drug and alcohol screens as determined necessary by the Court.
Probationers shall be responsible for the costs of all drug or alcohol screens
and testing.
G. Cognitive Based Programs. JAG shall provide the following intervention,
rehabilitation or educational programs: Domestic Violence, Anger Management,
Responsible Behavior, Financial Management, Parenting, Job Preparedness. JAG
may charge probationers for these programs in accordance with the Fee Schedule
attached hereto as Exhibit ?A,? and incorporated by reference herein. A copy
of Exhibit ?A? shall be provided to probationers at orientation or at a time as
soon as possible following the Court?s order of attendance.
H. Electronic Monitoring. JAG, when so ordered, shall provide and operate a
system of electronic monitoring. JAG may charge probationers for monitoring in
?accordance with the Fee Schedule attached hereto as Exhibit ?A,? and
incorporated by reference herein.
I. Reports of Probation Violations. JAG shall recommend revocation of
probation whenever the probationer has failed to substantially comply with the
terms and conditions of probation. The Court shall provide JAG with direction
of what constitutes a substantial failure to comply with probation terms and
conditions. JAG shall prepare probation violation warrants and orders for
submission to the Court. JAG shall have probation officers available to
testify at probation revocation hearings, sentencing hearings and such other
hearings as deemed reasonable and necessary by the Court. Minor violations of
probation although not cause for revocation shall be included in the regular
reports made to the Court under this Agreement. This Court shall provide JAG
direction as to what curative measures should be taken in the case of minor
violations.
3. REPORTS TO COURT.
JAG shall provide written reports monthly to the Court listing the services
rendered and provide such other reports as may be requested by the Court during
the period of this Agreement which may include but are not limited to
statistical reports, caseload data, and other records documenting the identity
of the probationer, the status of each probationer?s case, the services
provided, and the monies collected. Monthly reports will be delivered to the
Court on or before the 15th day of the following month. JAG shall provide
personal history, employment data, and location information to Court and law
enforcement as necessary in tracking probation violators.
4. TENDER OF COLLECTIONS.
JAG shall tender to the Clerk of the Court a report of collections and all
fines, fees, and costs collected during the month from probationers by 15th
day of the following month. Restitution shall be paid to the victim by the 15
th day of the month following collection unless the Court orders payment to
the clerk of court, and then it shall be paid as such other collections are
paid to the Clerk. In the event JAG cannot locate the victim, payment shall be
made to the Clerk of Court. JAG shall credit payments of funds in the
following order of priority: 1) funds paid by the probationer for drug and
alcohol screening test fees, 2) restitution, 3) fines, 4) court costs and
surcharges, 5) program costs, and 6) probation fees. JAG shall not retain or
profit from any fines, restitution, fees or cost collected from probationers
except the probation fee authorized by this Agreement.
5. ACCESS TO JAG RECORDS.
Immediately upon the demand of any Judge of Muscogee County State Court or the
Solicitor-General thereof; JAG shall provide to the Court access to all books,
records, correspondence, receipts, vouchers, memoranda, and financial
information (excluding computer software) pertaining to the services rendered
under this Agreement for any purpose including but not limited to a conducting
or reviewing a complete fiscal or program audit for any fiscal or ?calendar
year. Additionally, records shall be available for inspection in accordance
with Official Code of Georgia Annotated, Section 42-8-103(b). The court shall
have the right to use reasonable force to enter the offices of JAG to take
immediate possession of the records described in this paragraph and any and all
files on present and past probationers and deferred program participants of
Muscogee County State Court if deemed necessary by any Judge of the Muscogee
County State Court.
6. FISCAL AUDIT.
JAG shall employ an independent auditor to annually audit its records and books
pertaining to the services rendered to the court. A written copy of this audit
shall be provided to the Court and Governing Authority within three (3) months
of the close of the year audited.
7. GOOD BUSINESS PRACTICES.
JAG shall not engage in any other employment, business or activity that
interferes or conflicts with the duties and responsibilities under this
Agreement and shall not allow its employees to do so. Furthermore, neither JAG
nor any of its officers, employees or agents shall lend any monies nor have
personal business dealings with a probationer under the supervision of JAG.
8. OBLIGATIONS OF THE COURT AND/OR GOVERNING AUTHORITY.
In consideration for the services of JAG, the Court and/or Governing Authority
shall provide the following services:
A. Take appropriate steps to insure that this Agreement shall be attached as an
exhibit to the approval by the governing authority of Columbus, Muscogee
County, Georgia to privatize probation services.
B. Refer appropriate cases to JAG for community supervision.
C. Utilize pre-trial supervision program, electronic house arrest program, and
other programs and services if and when appropriate.
9. FEES.
Fees for the JAG?s supervision services shall be as set forth on the Fee
Schedule which is attached hereto as Exhibit A, and which is expressly
incorporated herein by this reference.
10. PAYMENT.
Supervision services shall be paid for by the Clients which are the subject of
such Services. Clients shall pay the cost of supervision services and the
equipment associated with such services, as well as such additional amounts
which the Court may instruct JAG to collect (such as restitution, court fines
and fees). As used herein, ?Client? shall mean any person being supervised,
participating in a class, wearing an electronic transmitter, or directly using
any other ?JAG service or equipment, in conjunction with court ordered
probation or supervision.
11. FINANCIAL OBLIGATION.
This agreement does not provide for any financial obligation from the Court or
the Governing Authority of Columbus, Muscogee County, Georgia to JAG.
12. TERM.
The term of this Agreement shall commence on and become effective upon signing
by all parties hereto and shall continue for a period of twelve (12) months
This Agreement, its terms and conditions, and any authorized Exhibits and
Amendments shall renew automatically for succeeding periods of one (1) year
unless otherwise terminated as provided for herein or unless written notice to
the contrary is directed to the other party at least thirty (30) days prior to
the date of expiration.
13. TERMINATION.
A. With Cause. Either party may terminate this Agreement at any time for
failure by the other party to perform or adhere to any material obligation
undertaken pursuant to this Agreement after giving the other party thirty (30)
days? prior written notice within which to cure such default. If such default
is not cured within the thirty (30) day period, the party which gave the notice
may terminate the Agreement at any time thereafter upon written notice to the
other party.
Without Cause. This contract may also be terminated if all judges of
the Muscogee County State Court and the Solicitor-General of the Muscogee
County State Court agree that the services rendered by JAG no longer meet the
needs, purposes or requirements of the State Court of Muscogee County, Georgia.
B. Bankruptcy/Insolvency. Either party may terminate this Agreement
immediately by written notice to the other party if the other party ceases to
trade or function in the ordinary course of business, becomes insolvent, or
becomes subject to any assignment for the benefit of creditors, winding-up,
dissolution, insolvency, bankruptcy, receivership or any similar proceeding.
C. Transfer of funds after termination. JAG shall turn over to the Clerk of
Court any monies collected or received less supervision fees validly incurred
and duly owing to JAG through the termination date. Any fines, costs, fees or
restitution received by JAG from probationers of this Court after termination
of this Agreement shall be forwarded to the Clerk of Court, other than fees
earned by JAG. The Court shall provide JAG a receipt for all property
surrendered under this provision.
14. FORCE MAJEURE.
JAG shall not be liable for any delay in performance or nonperformance which is
due to causes beyond JAG?s control, including, but not limited to, war, fire,
floods, sabotage, civil unrest, strikes, embargoes or other transportation
delays, acts of God, acts of third parties, acts of governmental authority or
any agent or commission thereof, accident, breakdown of equipment, differences
with employees or similar or dissimilar causes beyond JAG?s reasonable control.
15. LIMITATION OF LIABILITY.
JAG?s entire liability and the Court?s exclusive remedy for damages from any
cause whatsoever, and regardless of the form of action, whether in contract,
warranty or tort (including negligence), shall be limited to the specific
amounts received by JAG hereunder that are the subject matter of or are
directly related to the cause of action.
16. INSURANCE.
JAG shall maintain comprehensive general liability insurance, including acts,
errors or omissions and contractual liability insurance, in an amount not less
than $1,000,000. JAG shall furnish continuous proof of insurance coverage as
required hereunder, as well as proof of maintaining employee bonds in an amount
of $100,000 per employee.
17. NOTICES.
Any notices or communications given or required in connection with this
Agreement shall be in writing and shall be deemed to have been given when sent
by U.S. regular mail, postage prepaid, to the other party at the address stated
herein and directed to the attention of the person signing this Agreement, his
successor, other designee or officer of the party. Notice sent by other means,
including by facsimile, shall be deemed effective upon receipt. A change in
the address or facsimile number of either party may be made in the same manner
as for giving of any other notice. Notices shall be addressed as follows:
Judicial Alternatives of Georgia, Inc.
Attn: Tim Donovan
3718 2nd Ave.
Columbus, Georgia 31904
Facsimile: (706) 653-7844
Current Presiding Chief Judge of Muscogee County State Court
100 10th St.
Columbus, GA 31901
18. MISCELLANEOUS.?
A. Time of Essence. All time limits stated herein are of the essence of this
Agreement.
B. Entire Agreement. This Agreement, including all exhibits attached hereto and
incorporated herein by reference, constitutes the entire agreement between the
parties hereto and supersedes any and all agreements, whether written or oral,
that may exist between the parties regarding the same. No representations,
inducements, promises, or agreements between the parties not embodied herein
shall be of any force and effect. No amendment or modification to this
Agreement or any waiver of any provision hereto shall be effective unless in
writing and signed by both parties.
C. No Assignments. Without prior written consent from the Court, JAG shall not
assign or transfer this Agreement.
D. Successors. This agreement shall not be binding upon any successor to the
undersigned Judge of the State Court of Muscogee County, Georgia, unless
ratified by the successor in office. If a successor attains the position of
undersigned Judge, and this Agreement is not ratified by such successor, then
JAG shall be permitted a reasonable time period, not less than ninety (90)
days, in which to wind up its activities. The Court will not be deemed to have
ratified the Agreement unless the Court gives written notice of ratification
within thirty (30) days of taking the oath of office.
E. Captions. The captions set forth herein are for convenience only and shall
not define or limit any of the terms hereof.
F. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia, without regard to its
Conflicts of law provisions. The parties herein agree that venue is agreed to
be in Muscogee County, Georgia for any legal action arising out of this
contract.
THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY THE COURT AND ACCEPTED
BY AN AUTHORIZED REPRESENTATIVE OF JUDICIAL ALTERNATIVES OF GEORGIA, INC., AND
APPROVED BY THE GOVERNING AUTHORITY OF COLUMBUS, MUSCOGEE COUNTY, GEORGIA.
Signatures on following page.
Judicial Alternatives of Georgia, Inc.
______________________________________________ _____________
Tim Donovan, Co-owner Date
By execution hereof, the signer hereby certifies that signer is duly authorized
to execute this Agreement on behalf of the Court and the Columbus Consolidated
Government.
______________________________________________ _____________
Maureen C. Gottfried, Judge, Muscogee County State Court Date
______________________________________________ _____________
Andy Prather, Judge, Muscogee County State Court Date
______________________________________________ _____________
Benjamin Richardson, Solicitor-General, Muscogee County State Court Date
______________________________________________ _____________
Sam Thrower, Chief Public Defender, Muscogee County State Court Date
______________________________________________ _____________
Authorized Agent for the Columbus, Georgia Consolidated Government Date
Exhibit ?A?
FEE PROPOSAL
The following are fees paid by the offender to Judicial Alternatives of
Georgia, Inc.
SERVICE COST OF SERVICE
Regular Probation Supervision $35.00 per month, per offender
Intensive Supervision $50.00 per month, per offender
(Requires minimum of 3 weekly contacts)
Pre-Trial Supervision $35.00 per month, per offender
The above fees include all services outlined in the Scope of Services directory
with the exception of the following:
PROGRAM SERVICES COST OF SERVICE
Drug Screens $15.00 per screen
(Screens for 8 controlled substances)
Electronic Monitoring $10.00 per day, per offender
$25.00 installation fee
Domestic Violence Program $480.00 includes DVI assessment
Anger Management Program $150.00
?Responsible Behavior? $135.00
Financial Management $70.00
Parenting Program $120.00
?Job Preparedness? Course $90.00
Administrative Fee $3.00 (picture & software fee)
Attachments
No attachments for this document.