June 13, 2006
SUBJECT: Renewal of Contract for Juvenile Probation Services
REPORT IN BRIEF
The Public Safety Department is now entering into the thirteenth year of an agreement with the County of Santa Clara that provides the services of a full-time Deputy Juvenile Probation Officer (DJPO) exclusively to Sunnyvale.
The Memorandum of Agreement (MOA), Attachment “A”, was prepared by the Santa Clara County Counsel and reviewed by the City Attorney as to form. Contingent on Council approval, the MOA provides for the continuation of services from July 1, 2006 through June 30, 2009. This is the third time that a multi-year agreement has been pursued with the County of Santa Clara Juvenile Probation Department through the provision of a DJPO.
Staff recommends that Council authorize the City Manager to sign the attached Memorandum of Agreement for the City of Sunnyvale.
BACKGROUND
Since 1990, Council has approved a Memorandum of Agreement between the City of Sunnyvale and the County of Santa Clara Juvenile Probation Department. The agreement provides for the full-time assignment of a DJPO to the Public Safety Department to work exclusively with Sunnyvale youth.
Under the terms of the initial three-year Agreement in FY 1990/1991, the City of Sunnyvale agreed to pay 45% of the salary and the benefits of the assigned DJPO; in year two (FY 1991/1992), 75% of the salary only; and in year three (FY 1992/1993), 90% of the DJPO’s salary. Beginning with FY 1993/1994, the City began paying 100% of salary for the DJPO, with the County covering the cost of benefits. That cost allocation remains in place in the current contract currently under consideration.
The on-site DJPO is intended to enhance the Public Safety Department's Restorative Justice/Juvenile Diversion Program. The program provides both prevention and diversion activities for Sunnyvale youth.
EXISTING POLICY
Goal 4.1B
Provide community oriented services that are responsive to citizens’ needs in traditionally non-criminal areas.
DISCUSSION
The attached MOA, Attachment “A”, will continue the current practice of the Santa Clara County Juvenile Probation Department assigning a DJPO exclusively to Sunnyvale. The DJPO will continue to have an office in the Public Safety building and work closely with Public Safety Officers and Sunnyvale youth.
Under the terms of the new agreement, in FY 2006/2007 Sunnyvale will pay 100% of the salary of a DJPO at a total amount not to exceed $81,876, and provide office space. There are no substantive changes from the contract currently in place, and staff is content with the services provided within the current contract.
Consistent with Santa Clara County’s Memorandum of Understanding covering wages and benefits for the DJPO classification, salary increases over the term of the contract will be as follows: not to exceed 3.5% for FY 2007/2008; not to exceed 5% for FY 2008/2009.
The assigned DJPO is the primary point of contact for the Youth Outreach and Restorative Justice/Juvenile Diversion Program allowing for personal contact with youth offenders as they proceed through the diversion services programs. Some of the regular activities performed by the DJPO include:
1. Reviews of Juvenile Contact Reports.
2. Reviews of crime reports and contact juveniles and parents as appropriate.
3. Conducts counseling sessions with youths and parents.
4. Makes recommendations for appropriate diversion activities.
5. Assists in restitution to victims.
6. Develops additional Diversion activities.
7. Acts as a liaison with Sunnyvale schools.
8. Provides assistance to Patrol Officers, Neighborhood Resource Officers and Detectives regarding juvenile crime activities.
9. Provides training for Public Safety personnel as required or requested.
The goal of the Restorative Justice/Juvenile Diversion Program is to hold the minors accountable for their actions by entering into an agreement or contract
that lasts for up to 90 days. During the term of the contract, the minor pays restitution if required, performs community services, attends appropriate classes or counseling, and has follow up face to face meetings with the probation officer. Upon successful completion of the contract the minor will not have a criminal record.
One of the components of the Restorative Justice Program that is most noteworthy is the CHOICES Diversion class that is offered once a month by DPS and facilitated by the DJPO. The class is required for minors and their parents when the minor has been cited for a crime. The class provides education on the juvenile justice system, and basic legal issues and social issue training. The feedback from this part of the program has been very positive, often parents commenting that they wish they had had the opportunity to participate prior to their child entering the juvenile justice system. Because of that feedback, this has also been opened up to the local middle schools and high schools as an option for troubled students and their parents in an effort to avoid a situation where the minor may commit a crime.
The City of Sunnyvale has been successful by having one DJPO dedicated to our youth, providing personal contact and guidance through Restorative Justice/Juvenile Diversion Programs. Our contracted DJPO reviews between 30-40 citations a month in addition to a significant number of youth contacts as part of the contract with the juvenile offender at the request of DPS staff and at the request of school officials. In comparison, Mountain View, Palo Alto, Los Altos and Campbell share the services of one DJPO for all of their cases. Often, the best a child will get in another jurisdiction is a letter sent home with no personal contact due to the high volume case load, while our juvenile offenders are monitored with close personal attention.
The DJPO is also involved in truancy abatement and student attendance issues as another level of accountability for students attending school. The DJPO works closely with DPS staff and school officials to identify at risk students and set up solutions for them to be successful.
Finally, the DJPO, with support from DPS has partnered with YAHOO! to put together a program geared towards middle school students to educate them on the hazards of internet predators and crime. Every sixth grade student in the city is given a presentation showing them the dangers of internet crimes against children and providing them tools and resources so they can protect themselves. This program is also offered on an as requested basis to other groups and has been very well received.
FISCAL IMPACT
Funds to cover the costs associated with this contract are included in the base budget for the Special Operations Program, 483, and are funded through the Asset Forfeiture Program. Staff is seeking alternative grant funding to ensure this program continues after Asset Forfeiture Funds are expected to run out in fiscal year 2014/2015.
During the last fiscal year, the DJPO conducted 12 diversion classes, implemented 400 agreements, monitored over 500 kids and conducted 35 school and community presentations.
Conclusion
Public Safety staff believes that Council’s continued support for this program is critical and that the full-time DJPO, working exclusively with Sunnyvale youth, greatly enhances Public Safety's juvenile programs and is very beneficial to Sunnyvale's youth.
PUBLIC CONTACT
Public contact was made through posting of the Council Agenda on the city's official notice bulletin board, posting of the agenda and report on the city's web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk's Office.
ALTERNATIVES
1. Authorize the City Manager to sign the Agreement with the County of Santa Clara for Probation Services, to provide a DJPO exclusively for Sunnyvale youth for 2006-2009.
2. Do not approve the agreement and direct staff to research other alternatives.
RECOMMENDATION
Staff recommends Alternative #1.
Reviewed by:
Don Johnson, Director, Public Safety
Prepared by: Dayton Pang, A/Deputy Chief
Reviewed by:
David A. Kahn
City Attorney
Approved by:
Amy Chan
City Manager
Attachments
A. Agreement for Services between the County of Santa Clara and the City of Sunnyvale for the provision of Juvenile Probation Services