CITY OF TUCSON DEPARTMENT OF PROCUREMENT

Transcription

1 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO City Prosecutor s Diversion Program DATE ISSUED: Friday, May 25, 2012 The referenced document has been modified as per the attached Amendment No. Three (3). Please sign this Amendment where designated and return the executed copy with the submission of your proposal. This amendment is hereby made part of the referenced proposal as though fully set forth therein. Any questions regarding this amendment should be addressed to Cherie Odeski, CPPB, Senior Contract Officer at (520) or Cherie.Odeski@tucsonaz.gov Department of Procurement, City Hall P.O. Box Tucson, Arizona (520) Fax: (520)

2 REQUEST FOR PROPOSAL AMENDMENT CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.: W. ALAMEDA, 6 TH FLOOR, TUCSON, AZ RFP AMENDMENT NO.: Three (3) P.O. BOX 27210, TUCSON, AZ PAGE 1 Of 1 PHONE: (520) /FAX: (520) RFP DUE DATE: Tuesday, June 12, 4:00 P.M., Local AZ Time ISSUE DATE: Friday, May 25, 2012 SENIOR CONTRACT OFFICER: CHERIE ODESKI, CPPB Cherie.Odeski@tucsonaz.gov A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SEALED PROPOSAL. THIS REQUEST FOR PROPOSAL IS AMENDED AS FOLLOWS: ITEM ONE SUBMITTAL DUE DATE: City Prosecutor s Diversion Program The Submittal Due Date HAS BEEN CHANGED TO : Tuesday, June 12, 2012 at 4:00 P.M. Local AZ Time. ITEM TWO REPLACE Pages 2 13 with the attached. Changes are noted in bold. ALL OTHER PROVISIONS OF THE REQUEST FOR PROPOSAL SHALL REMAIN IN THEIR ENTIRETY. VENDOR HEREBY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE ABOVE AMENDMENT. Signature Date Company Name Print Name and Title Address City State Zip

3 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 2 OF 13 INTRODUCTION The City of Tucson is seeking proposals from qualified firms to provide services to the Criminal Division of the Prosecutor s Office/Tucson City Prosecutor s Office (CPO) in conjunction with its diversion programs (Diversion 2012) and to Tucson City Court for certain types of monitored probation convictions. The City is seeking a Diversion 2012 Program Contractor (Contractor) who will provide offenders with appropriate treatment and education, as well as monitoring in designated instances. The program consists primarily of post plea diversion programs where the guilty plea is taken and the terms of sentence are identified but the imposition of the judgment and conviction is delayed (other than restitution which is collected upfront) for a designated time period. The period between guilty plea and sentence allows defendants to successfully complete all requirements, classes, counseling, conditions, program fees and, if applicable, timely pay the victims restitution expenses. Successful completion of the stated requirements will result in dismissal. Failure to fulfill all terms results in a conviction and the execution of the sentence. Diversion 2012's post plea diversions differ from pre-plea diversions by requiring an admission of guilt prior to a Defendant s entry into a post plea diversion program. (See deleted sentence). The objectives of the programs include the following: 1. To provide treatment and education to deter offenders from committing further criminal acts. 2. To reduce prosecution caseload by diverting low-risk to re-offend defendants. 3. To ensure eligible offenders are held accountable for offenses while timely securing restitution for victims. 4. To provide an environment where defendants benefit from rehabilitation and education while at the same time receiving a dismissal of criminal charges for successful completion of all program requirements. 5. To provide a diversion service that is completely paid by the defendants 6. To provide a diversion service that is available to qualified indigent defendants. 7. To provide monitoring services when needed. 8. To provide timely and efficient disposition of criminal cases. Additionally, Contractor will be responsible for the preparation of Petitions to Revoke Probation paperwork for the Prosecutor s signature with reasons stated for the revocation (subsequent arrests, failure to complete classes, pay fees and any other grounds resulting in violation of probationary terms). Contractor Probation Monitors shall appear at all probation revocation hearings (excluding arraignments) and may be called upon to testify to the Probationer s violation of terms. Definitions: CPO Tucson City Prosecutor s Office DDS Defensive Driving School DHS Department of Health Services DOC Disorderly Conduct DSL Driving on a Suspended License DUI Driving Under the Influence DV Domestic Violence FLM Furnishing Liquor to a Minor GA General Assistance MADD- VIP Mothers Against Drunk Drivers Victim Impact Panel MDP Monitored Diversion Program MHD Mental Health Diversion MIP Minor in Possession MP NPI PACC QID SNAP TIC TNAF UPNP UPOM UPPD Monitored Probation No Proof of Insurance Pima Animal Care Center Qualifying Indigent Defendant Supplemental Nutrition Assistance Program Tickle Date (scheduled court date for completion) Temporary Assistance to Needy Families Unlawful Possession of Narcotic Paraphernalia Unlawful Possession of Marijuana Unlawful Possession of Prescription Only Drugs

4 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 2 OF 13 Fee Schedule: Regular Diversion 2012/Pre Conviction Diversion/Animal Diversion/MIP: $150 City fee unless indigent then $25 $50 Contractor fee $50 Provider fee for each class designated by the Prosecutor (7 1/2 hour class or 4 hour class - same fee) An example is a person could be responsible for $300 if Regular Diversion 2012 if taking UPOM (7 1/2 hours of substance abuse and Shoplifting (SL - 7 1/2 of adult responsibility) as follows: $150 for City fee, $50 Contractor, $50 for substance abuse class and $50 for Adult Responsibility class Monitored Diversion: $150 City fee unless indigent then $25. $35 per month for contractor for monitoring behavior Generally $20 per session for classes by the provider (amount is to be negotiated by the contractor with the provider). An example is 26 sessions of DV DHS approved classes at $20 per class would cost $520. Total fees on a DV 2012 Monitored Diversion for 12 months would be $150 City fee, $420 Contractor fee ($35 per month) plus $520 Provider fee for a total of $1,

5 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 3 OF 13 BACKGROUND During the 2012 calendar year, it is projected that approximately six thousand five hundred (6,500) defendants will accept an offer of diversion. Indigent defendants make up approximately 25% of the projected total. Contractor Monitored Probation In instances where Diversion 2012 is not available, the Prosecution by plea or Tucson City Court judges (by sentence pursuant to a plea or guilty verdict) may elect to place a defendant on Contractor Monitored Probation. The Contractor fee is $35 per month for the monitoring services. Additionally, a defendant will pay the costs of the classes to successfully complete probation. The amount of fines will be determined either pursuant to plea agreement or imposition of sentence. However, the determination of indigence of a Defendant in appropriate instances is made by the Court. Note this determination is only in Monitored Probation instances rather than Diversion 2012 cases. Description of Diversion Programs Administered by the Contractor Guilty Plea and Stayed Sentence - Diversion 2012 The offender enters a guilty plea, conviction and judgment are set for a second date to provide time for the Defendant to successfully complete Diversion 2012 Requirements. Should the requirements be met, the State files a motion to set aside the guilty plea, dismiss the case and vacate the sentencing date. The amount of time between the dates is determined at time of the entry of the guilty plea. Description Diversion 2012 provides for the dismissal of a criminal complaint upon successful completion of the program requirements. The City Attorney s Office, Criminal Division referred to as the City Prosecutor s Office (CPO) has sole discretion to decide whether to divert a charge or charges and is granted this authority pursuant to A.R.S Types of Diversion Administered by Contractor Although there are seven types of Diversion (Regular, Monitored (MDP), Doves/Odyssey, Minor in Possession (MIP), Driving on a Suspended License (DSL), Animal and Mental Health Diversion (MHD)), two of them are excluded from the contracted provisions. These are the DOVES/Odyssey programs and the MHD programs. The latter are handled through other programs. Diversion 2012 is not offered more than once in the same category (i.e., prosecutors may not offer Diversion two times for animal offenses, or may not offer MDP on a DV case where the Defendant has any DV prior arrests or has previously completed an MDP program of any type, etc). DV cases are generally offered MDP for a first offense rather than a Regular Diversion offer. Limitations Diversion is not appropriate in all cases. Diversion may not be offered on certain cases such as Driving Under the Influence (DUI), Weapons Misconduct cases and other cases specified by the CPO. Special note on restitution: a Defendant is ineligible for diversion should the amount of restitution exceed $2,000, unless the Prosecutor obtains the approval of an Attorney Supervisor. Also, all restitution must be paid upfront to the Contractor who will in turn distribute it to Court prior to the successful completion of any Diversion 2012 program. For existing Pre Conviction cases, the Contractor must collect the restitution in full prior to the intake of other fees. Definitions Diversion 2012 classes means those classes imposed on the Defendant for diversion pleas all of which must be successfully completed for Defendants to earn a dismissal of their complaints or a set aside and a vacating of their change of plea and sentencing provisions. Diversion classes may include classes for education, treatment and/or counseling.

6 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 4 OF 13 Diversion 2012 fees Diversion fees do not include restitution or money owed to the Contractor for Monitored Diversion. In the instances of Regular Diversion, MIP Diversion, Driving on Suspended License (DSL) Diversion, and Animal Diversion, the Diversion fees include but are not limited to $150 to the City of Tucson, $50 to the Contractor and $50 for the class implemented by the Provider. In the case of Monitored Diversion, the Contractor s fee is $35.00 per month and the Provider s fee is an agreed upon amount determined by the Contractor per class. The Diversion 2012 fees include but are not limited to a $150 fee payable to the City of Tucson unless Defendant is a Qualifying Indigent Defendant. The Contractor shall collect the Diversion 2012 fees first and shall disburse the same to the City prior to its collection of the Contractor s fees or the Provider if the Contractor is the Provider of the class. Provider means any mental health, counseling, treatment or education provider that the Contractor employs for diversion services. Qualifying Indigent Defendant means a defendant that produces to the contractor at the time of payment of Diversion fees a valid form of (1) SNAP card; or proof of contemporary receipt of (2) supplemental security income; (3) unemployment benefits; (4) temporary assistance to needy families (TANF) or general assistance (GA). Basic Description of the Diversion 2012 Plea The 2012 Diversion plea shall be a plea of guilty to all of the criminal charges in the case(s). No-contest pleas are not permitted, as the failure to admit guilt is contrary to the rehabilitative purposes of diversion in which a person who is at low-risk to reoffend has made a mistake and will take appropriate actions to obtain a dismissal of his/her charges. The Defendants shall ENTER A GUILTY plea and be advised by the Court of the sentencing terms which will occur at a second hearing which will be the time for imposition of the conviction and the sentencing terms. During that period, the Defendants will attempt to earn a Guilty Plea set aside and have all charges dismissed and the second hearing vacated by State s Motion.. A date of imposition of the sentence shall be reflected in the Court s sentencing minute entry so the Defendant may know when their sentence will be imposed should they fail to successfully complete diversion. Additionally, any due dates for Restitution will also be reflected in the Court s minute entry. In cases of monitored diversion where the second date exceeds the court calendaring ability, the Court may set interim review hearing dates to determine compliance. During the diversion period, the Defendant will agree to attend certain classes for education, treatment or counseling, he/she will pay a diversion fee, he/she will pay restitution, and abide by any other conditions of diversion (including but not limited to diversion monitoring by the contractor) as imposed by the prosecutor. If the Defendant successfully completes diversion (see below) he/she may earn the dismissal of his/her complaint, and have the guilty plea vacated. If the Defendant fails to successfully complete diversion (see below), the sentence will be imposed as of the date indicated at the change of plea and sentencing hearing. Additionally, in the Prosecutor s discretion, when the Contractor notifies the CPO of unsuccessful completion of the Post Conviction program, in the alternative the Prosecutor may file a Motion and Notice of Hearing to Accelerate the Date of Sentence for unsuccessful completion of the program. The Motion to Accelerate the Date of Sentence will be used most often in Monitored Diversion situations but may also apply to the other types of Diversions in the State s discretion. In those instances, CPO shall file a motion to accelerate with a paragraph for the court to sign and set an accelerated date. If the Defendant s address has changed, the Contractor will provide that information to CPO and the CPO will, in turn furnish the same to the Court. Should The Court, instead, choose to retain the original date for sentencing provisions, the sentence will proceed at that original time and date. Finally, the Defendant shall have the affirmative obligation to keep the prosecutor and the Contractor up-to-date with the current mailing address; failure to do may result in a waiver of notices concerning successful completion or failure to successfully complete diversion, the latter of which could include a warrant for the Defendant s arrest.

7 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 5 OF 13 Arraignment Offers The prosecutor may offer a diversion plea at arraignment (this includes both pre-conviction and post conviction diversion offers). If the Defendant enters into the plea at arraignment, he or she shall pay all restitution to the Contractor who will submit the same at the earliest date to the victim. The entire restitution amount and diversion fees must be paid in full to the contractor within 3 weeks of the change of plea or the entry into the pre-conviction diversion program. Failure to so pay shall be deemed a failure to successfully complete diversion and the prosecutor shall take appropriate actions (see below). Before diversion classes may be started and completed, all restitution and diversion fees must be paid in full. When restitution is part of the Diversion program, the Contractor will contact the CPO to ensure that all restitution is paid within the stated guidelines. In the sole discretion of the prosecutor, the arraignment offer of diversion may remain open up to and including the first pre-trial. If the prosecutor does keep the offer open, the Defendant must enter into the plea at the first pre-trial and pay all restitution and diversion fees in full at that first pre-trial. Also in any pre conviction or Diversion 2012 (post plea) cases where restitution is a condition of successful completion, the Contractor will collect the restitution first and provide the restitution to the victim within specified time lines. The Contractor is responsible for keeping records and making reports to CPO, the City Attorney and to Department of Finance or any other City entity named by CPO. These records are subject to audit at any time in the City s discretion. Special note: if the prosecutor is unable to determine the amount of restitution in a case, that case will be continued to the next pre-trial for further consideration. Pre-Trial Offers The prosecutor may offer a diversion plea at the first pre-trial if no diversion offer was made at the arraignment. Restitution and all diversionary fees must be paid in full to the contractor within 3 weeks of the change of plea proceeding. Failure to so pay is deemed a failure to successfully complete diversion and the prosecutor shall take appropriate action (see below). Before diversion classes may be started and completed, all restitution and diversion fees must be paid in full. In certain instances where restitution is indeterminate, the prosecutor may continue the case to a second pretrial to ensure that restitution is properly assessed. Supervisory Exception In order to provide operational flexibility and provide for unusual circumstances or unforeseen problems, an attorney supervisor may authorize the extension of a diversion plea beyond the stated limits above, but in no circumstances may the extension exceed 2 months. The prosecution is responsible for informing court after notice is provided by the Contractor of the special need for extension. In most instances, only extraordinary circumstances will cause the extension of the Diversion Program. Successful Completion of Diversion In the sole discretion of the prosecutor, a defendant that complies with all of the conditions of their diversion, including but not limited to timely paying all restitution, fees and other costs of monitored diversion, and the completion of all diversion classes and conditions of diversion monitoring, may be deemed to have successfully completed diversion. In all such cases, upon completion of all conditions of diversion, the prosecutor shall file with the court (1) a Notice of Successful Completion of Diversion; and (2) a Motion to Vacate the Change of Plea and Sentence and to Dismiss and Order for the Court to sign to dismiss the case. Sufficient time shall be allotted to allow completion of the paperwork well within the time lines. Failure to Successfully Complete Diversion In the sole discretion of the prosecutor, a defendant that fails to comply with all of the conditions of their diversion shall be deemed to have failed to complete diversion. In all such cases, the prosecutor shall file with the Court (1) a Notice of Failure to Successfully Complete Diversion and a Court Order either confirming the original sentence date or an accelerated sentencing date. The form shall include the Order so that the Court may mail a copy to the Defendant and the State with the date of hearing. If the Contractor has a more recent address for the Defendant, the Contractor shall provide the same to CPO when requesting the accelerated hearing. Diversion Fees Fees are non-refundable once paid no matter whether the Defendant successfully completes or fails to successfully complete Diversion. Please see the three categories of diversion below for fee details. The fee to the City of Tucson, which is not alterable or waiveable, is always $150. Notwithstanding the forgoing, the fee to the City of Tucson for Qualifying Indigent Defendants is $25. The contractor shall indicate to the City of Tucson what qualifies such defendants in its regular report, and the number of those qualifications.

8 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 6 OF 13 Restitution Restitution is non-refundable once paid no matter whether the Defendant successfully completes or fails to successfully complete Diversion, either in Pre Conviction cases or in Diversion 2012 cases. Should Defendant fail to complete Restitution payments or other requirements, the Defendant shall be deemed to have failed diversion and the Prosecutor will file a motion to set or accelerate sentencing hearing and a notice of failure to successfully complete diversion. The Defendant will still owe the balance of the restitution not paid; this should be reflected in the court s sentencing minute entry order so that the defendant is legally obligated to pay in full. Additionally, Contractor will provide CPO with the amount of Restitution collected by the Contractor and forwarded to the Victim in order for the Prosecutor to determine the amount of Restitution still owed to the Victim through the Court system. If the Court is collecting the Restitution, the Contractor will note that Restitution is being paid through Court. The Court will determine the amount of Restitution still owed and will additionally reflect that amount in its sentencing document. In no instance, should the Defendant fail in paying restitution by unsuccessfully completing the restitution payments in full, shall the Court modify the amount of the restitution owed to the Victim as that was determined at the time of the Change of Plea proceeding. Restitution in the case of a Qualifying Indigent Defendant Qualifying indigent defendants must pay restitution if applicable. If the amount of restitution is less than $201, the defendant shall pay that amount in full before a diversion plea is entered. If the amount is $201 or more, the defendant shall pay $200 at the change of plea, and shall make payments to the Contractor for either Diversion 2012 or pre conviction Diversion, on the balance of at least $200 per 14 days (two calendar weeks) until restitution is paid in full. If by this calculation the defendants cannot pay the restitution in full by the end of the diversion period, they either must tender enough restitution at the change of plea to be able to pay restitution in full with payments as outlined above by the time of the end of the diversion period, or they are not eligible for diversion. If at any time restitution is not paid on time, the Defendant shall be deemed to have failed diversion and the Prosecutor will file either a Motion to Accelerate the Sentencing Hearing or confirm the Sentencing Hearing along with a Notice of Failure to Successfully Complete Diversion. The Defendant will still owe the balance of the restitution not paid; this should be reflected in the court s original guilty plea proceeding minute entry order so that the Defendant is legally obligated to pay Restitution in full or a warrant for failure to pay restitution will issue with the Court. Appropriate Diversion Offer All domestic violence cases appropriate for diversion shall be monitored diversion cases (not regular) with a length of 270 days and shall require at a minimum 26 classes of DV counseling. Domestic Violence Defendants shall not be offered Monitored Diversion more than once. All appropriate second time diversion offers shall be monitored diversion with a minimum length of 180 days. Under no circumstances shall a DV monitored diversion be offered more than once. Effect of Change of Plea The plea of guilty shall be taken but the date for judgment, conviction and sentence shall be set for a future named date to allow the Defendant time to successfully complete the Diversion requirements other than Restitution as previously outlined. Regular Diversion 2012 Regular diversion may be offered on many minor offenses. The program is offered by the CPO and monitored by the contractor. The cost of the program is $250 ($150 to the City of Tucson, $50 to the contractor, and $50 for treatment and/or education) and the participant must complete at least 7 and ½ hours of treatment and/or education or a 4 hour treatment program and/or education class in certain cases i.e. Animal cases or DSL cases or certain non-moving driving cases. No online education classes are permitted with certain exceptions (i.e. the defendants reside out of state and there is no in-person equivalent or other special circumstances). Online classes may be offered only with specific permission of a prosecutor and these exceptions are anticipated to be rare. When offering diversion, the Prosecutor may split charges when there is a criminal charge and a civil charge (such as UPOM and No Proof of Insurance (NPI). The defendant must pay the civil fine, or the prosecutor may dismiss it; the defendants cannot take care of the civil violation via diversion. Some civil traffic (Title 28) violations may be dismissed, however, if the defendant completes defensive driving school (DDS) through the Department of Motor Vehicles. The defendant shall successfully complete all of the terms of regular diversion in 51 days from the Change of Plea proceeding. Failure to comply results in the defendant deemed to have failed diversion and the prosecutor shall file the documents indicated above.

9 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 7 OF 13 Examples of Appropriate Regular Diversion 2012 Crimes 1. Consuming Liquor While Operating Motor Vehicle 2. Open container 3. Minor Driving With Alcohol in Body (ONLY IF.03 OR LESS) 4. Furnishing Liquor to Minor (ONLY where defendant and minor are close in age, i.e., 21 year old furnishing alcohol to 19 year old) 5. Contributing to Delinquency/Dependency of Minor (like FLM, ONLY where defendant and minor are close in age, i.e., 21 year old furnishing alcohol to 19 year old) 6. Using false ID to drink or enter drinking establishment 7. UPOM (Unlawful Possession of Marijuana) 8. UPNP (Unlawful Possession of Narcotics Paraphernalia) 9. UPPD (Unlawful Possession of Prescription Only Drugs) 10. False information to Police 11. Hindering prosecution 12. Resisting arrest (UNLESS coupled with Assault on Peace Officer) 13. Criminal trespass (transient variety, i.e., RR tracks, restaurants, businesses. NO Peeping Tom or residential trespasses) 14. Fireworks in city limits 15. Park after hours 16. Criminal damage (UNLESS Graffiti type) - usually requires restitution 17. Disorderly conduct 18. Shoplifting < $300 (Consider MDP for higher amounts on a case by case basis) 19. Theft < $300 (Consider MDP for higher amounts on a case by case basis) 20. Certain moving violations 21. Minor in Possession cases (MIP) 22. Driving on Suspended License cases (DSL) 23. Certain moving violations Special Considerations When Offering Regular Diversion Shoplifting (A.R.S ) The Prosecutor will not offer Regular Diversion 2012 in a shoplifting case where the amount stolen exceeds $500. The prosecutor may wish to consider monitored diversion as long as the amount stolen does not exceed $2000. Open Container/Consuming Liquor While Operating A Motor Vehicle (A.R.S (A)(2)/4-251(A)(1) Regular Diversion 2012 may be offered to passengers who are cited assuming there are no aggravating factors (i.e., accident or children in the car). The Prosecutor may also offer Regular Diversion to the driver assuming no aggravating factors, however, they must agree to complete a 16 hour (Level II) alcohol education class and attend the MADD-Victim Impact Panel (VIP). When placing the driver on Diversion the Prosecutor must indicate on the Diversion form that the Prosecutor is requesting the 16 hour class and the MADD-VIP, along with an additional fee of $50 for the additional class hours as well as $20 (subject to change) for the MADD-VIP class. Minor Driving With Alcohol In Body (ARS 4-244(33)) Also referred to as Baby DUI. Regular Diversion 2012 may be offered in these cases where the BAC result is.03 or less assuming no aggravating factors (i.e., accident or children in car). When placing a defendant on Regular Diversion 2012 for this charge, the defendant must agree to complete a 16 hour (Level II) alcohol education class and attend the MADD-Victim Impact Panel (VIP). As with Open Container cases, the Prosecutor must indicate on the Regular Diversion 2012 form that the Prosecutor is requesting the 16 hour classes along with the additional fee of $50 for the additional class hours as well as $20 (subject to change) for the MADD-VIP. Otherwise this is treated as Regular Diversion 2012 with the 16 hour class substituting for the 7 and ½ hour requirement, unless the Prosecutor feels the need for additional treatment, education or counseling.

10 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 8 OF 13 Driving on a Suspended License Diversion (DSL) Driving on a Suspended License Diversion, first offense qualifies for Diversion 2012 where the Defendant enters a guilty plea. The DSL Diversion shall include, but not necessarily be limited to, the condition that the Defendant participate in a 4 hour financial responsibility and traffic safety class as provided by the contractor. This 4 hour course substitutes for the 7 and ½ hour class requirement in other Diversion 2012 cases.. DSL diversion is not available to any person who has been convicted of Driving Under the Influence (DUI) within 7 years from the date of that arrest to the date of the new arrest under DSL. Monitored Diversion Program (MDP) Monitored Diversion may be offered in the following cases on first time offenses ONLY or for a Second Time Offense such as Shoplifting or UPOM where a Defendant has already completed Regular Diversion. However, MDP may not be offered more than once i.e. if a Defendant has already taken a form of Monitored Diversion and as follows: (a) (b) (c) Where the defendant has committed an offense with a DV designation and has a DV relationship with the victim(s) under A.R.S This includes most DV designations [except as limited below], such as: DV Assaults with Minor/No Injury; DV Endangerment; DV Threats and Intimidation; DV Criminal Trespass; DV Criminal Damage; DV Unlawful Imprisonment; DV Interfering with Judicial Proceedings; DV Harassment; DV Telephone Threats; DV Disorderly Conduct, and any other eligible DV misdemeanors; Where the defendant has committed an offense that involves a dating relationship which does not meet the DV designation (boy friend and girl friend in a dating relationship where the DV designation is not met but there is clearly a power and control issue) or; Where the charge involves any first time offense where ongoing counseling and monitoring is desired by the prosecutor and/or where parenting or elder care classes are the goal. Examples of such non-dv type cases include: Custodial/Access Interference; Minor Vulnerable Adult/Elder/Child Abuse; Aggravated Assault on a Child under 15; Contributing to Dependency/Delinquency of a Minor (such as, Dirty House cases; Wandering Child cases; Substance Abuse in Front of Minor(s) cases); serious DOC s; serious Assaults, etc. Additionally second time drug offenders may also be eligible for monitored diversion. MDP Eligibility To be eligible for MDP when charged with one of the above enumerated offenses, the defendant must have no other pending or prior convictions for Domestic Violence, sexual offenses, assaultive or endangering behavior, child/vulnerable adult abuse, animal cruelty, or a felony involving violence in this or any other jurisdiction within the last five (5) years. MDP may not be offered in any cases where the defendant has any DV arrests resulting in dismissal within the last five (5) years. MDP Ineligibility Any offenses that include a significant injury are not eligible for MDP. A significant injury is more than red marks, minor bruises, a cut lip, a bloody nose, or a scratch that bleeds. In addition, even if there is no significant injury, the following types of cases are not eligible for MDP: the facts reveal the victim s life was in immediate danger, i.e., choking around the neck even without bruises or visible marks; or, the incident included a threat of either death or serious bodily harm to the victim. Charges which involve, by language or by the facts, the discharge, use or exhibition of a deadly weapon or dangerous instrument are also excluded. MDP Term and Cost The program is monitored by Contractor and participants must be placed on monitored diversion for either 180 or 270 days. In cases with a DV designation, the program must be offered for a minimum of 270 days. In non-dv cases, the program may be offered for a minimum of 180 days. The cost of the program will vary depending on the length of probation and the type of counseling that Contractor requires after intake. In every case, however, the participant shall pay a $150 diversion fee to the City of Tucson and shall be responsible for a $35.00 monthly probation/monitoring fee to contractor, plus the cost of individual counseling sessions (the Contractor to determine with the provider the cost of the individual sessions). Fees and costs for Contractor and Providers may vary as needed. If the prosecutor extends the diversion period, the defendant shall be responsible to Contractor and Providers for any additional monthly fees or costs of counseling sessions. Qualifying indigent defendants shall pay a diversion fee of $25 to the City of Tucson instead of the regular $150 fee, and shall be responsible for all other costs indicated, unless the Contractor chooses to reduce their monthly fees. The defendant shall successfully complete all of the terms of monitored diversion in 180 or 270 days (as indicated by the Prosecutor) from the date of the change of plea or the Defendant shall be deemed to have failed diversion and the Prosecutor will file a motion to set sentencing hearing and a notice of failure to successfully complete

11 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 9 OF 13 diversion. Animal Diversion Animal Diversion may be offered on most first time animal violations, including: No License, No Vaccination, Leash Law, Failure to Wear Tags, Dog on School Grounds, Male Fowl in City, and Pigs in City. This diversion may also be available to first time offenders charged with Neglect and Abuse, however, that must be approved by an attorney assigned to the animal cases before being offered. Animal Diversion is never available on Biting Dog cases. The cost of the program is $250 and the class is 4 hours in length. This program is a Regular Diversion 2012 where Defendant enters a plea of guilty, enrolls in the Program with the Contractor monitoring the program. In addition to the 4 hour class, the participant will be required to have the dog licensed in order to successfully complete the program. The license requirement is waived, however, with proof that the dog has been forfeited to Pima Animal Care Center (PACC), the Humane Society or humanely destroyed. Animal Diversion otherwise has the same conditions as Regular Diversion 2012 above. Minor In Possession Diversion (MIP) Minor in Possession charges are one class of Regular Diversion 2012 cases where the fees is $ which includes the $ payable to the City, $50.00 payable to the Contractor and $50.00 payable to the Provider. Classes for MIP shall be a substance abuse class of 7 ½ hours. Effective Date This policy is effective for all cases prosecuted by the CPO after the date of implementation of the Post Conviction Diversion Program. Cases handled under the older policy issued after 2007 will continue to be handled as all preconviction diversion cases have been historically treated by the CPO. Prosecutors, however, will monitor to ensure that Defendants finish pre-conviction diversions within 3 months for Regular Diversion, within 6 months for Monitored Diversion, and within 12 months for DV Monitored Diversions. Additionally, pending cases will not be available for additional continuances outside the delineated guidelines. Cases which have already been extended beyond the original date may be offered post conviction treatment. A supervising prosecutor will have discretion to approve additional continuances but these will be only under a set of limited circumstances with good cause shown by the Defendant.

12 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 10 OF 13 SCOPE OF WORK The Diversion Program/Monitored Probation Contractor (Contractor) shall complete the following procedures: 1. In Diversion 2012 cases, enroll the defendant in services only when a diversion eligible defendant comes to the program office with proof of eligibility issued by the Prosecutor s Office and signed by the Court. The proof must demonstrate that Defendant has pled guilty to the charged offense(s) and conviction and sentence was set for a later date certain. If Defendant enters the Diversion program at the time of arraignment, Diversion 2012 fees must be paid in full within three weeks of the entry into the program and the program conditions completed within fifty one (51) days from the change of plea proceeding. If Defendant enters a program after a pretrial or other plea proceeding, Defendant must have all Diversion 2012 fees paid at the time of entry. This includes any Restitution Issues for Pre-Conviction and Diversion 2012 programs (Regular or MDP) as well as for any Contractor Monitored Probation. In the case of Pre-Conviction Diversion, Contractor is responsible for ensuring that Restitution is paid to the Victim prior collection of any other fees. In Diversion 2012 cases, the Contractor is responsible for ensuring that Defendant has paid Restitution fees in full to the Court on behalf of the Victim, prior to collecting any other fees. 2. Defendants must report to the Contractor s agency within one (1) business day of the Pre-Conviction or Diversion 2012 proceeding unless the Prosecutor authorizes a longer time or the minute entry states a later reporting date as requested by the Prosecutor but in no case shall it be longer than 10 days from the date of the court proceeding. Eligibility includes a copy of either the Pre-Conviction Diversion paperwork or the Diversion 2012 agreement signed by the Defendant, Defendant s Attorney if applicable, the Prosecutor and the Judge. 3. Additionally, if the Defendant is sentenced to Contractor Monitored Probation, the Defendant must bring a copy of the Sentencing Minute Entry to the Contractor within the time lines specified by Court. a. Ask eligible Defendants to review written conditions of the diversion document and any additional conditions placed by an individual program monitor. Explain that the Defendant s case will be dismissed and the stay vacated only if he or she complies with the conditions, completes all program requirements and has already paid all restitution owed to the victim and all diversion fees. In cases involving restitution owed to the Victim, proof that all Restitution has been paid to the Court on behalf of the Victim must be demonstrated prior to the collection of any other diversion fees. Obtain a written agreement from each Defendant prior to enrollment, indicating the Defendant agrees with all conditions of the Pre-Conviction or Diversion 2012 programs. b. Complete the intake process, enroll Defendant, and provide Defendant with proof of enrollment. Provide CPO with a daily report of all Defendants who have enrolled by name, date of birth and docket number, assigned judge and the date the Pre-Conviction Diversion or the Diversion 2012 agreement was signed by a judge as well as the anticipated date of sentence. The daily report is due the end of the next business day after enrollment in a PDF attachment to an made to an account designated by the CPO. c. As part of the intake process, Contractor shall have the Defendant sign the Authorization for Information Release included as Attachment A. d. Contractor will make a monthly report (copy to the CPO and the City Attorney, Civil Division) of a list of how many defendants entered Pre-Conviction or Diversion 2012 programs; how many successfully completed the programs and how many were not successful in completing the programs, how many were sent back to the CPO for further court proceedings including traditional prosecution in the instance of Pre- Conviction Diversion or the imposition of sentence in the case of Diversion 2012 proceedings. Additionally a monthly report of total of fees collected for both the City and the Contractor as well as an accounting of weekly restitution monies paid to the victims through the Contractor. These may also include a listing of any paid through Tucson City Court, although these will usually attend the monitored probation cases. Additionally monthly reports will be made of fees and restitution payments to the victims and are due at the end of 5 business days after the last day of the month as a PDF attachment to addresses specified by the CPO and the Tucson City Attorney s Office, Civil Division.

13 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 11 OF 13 e. The Contractor shall review all case information received from the Diversion Unit of the Prosecutor s Office (Diversion Unit). The Contractor shall request documents that it has not yet received from the Diversion Unit at the conclusion of the first week of Defendant s enrollment. 4. If restitution is a condition of the Pre-Conviction Diversion programs, the Contractor shall collect the restitution and forward the payment to the Victim within ten business days following receipt of any payment by the Defendant. In cases of Diversion 2012 Program (Regular and Monitored), Contractor shall collect the restitution and ensure that Defendants have paid all restitution due to the Victim prior to the collection of any other fees including but not limited to the City fee, the Contractor fee or the Provider fee. If Defendant paid any restitution to the victim through Tucson City Court, the Contractor shall require the Defendant to show a receipt of the Restitution amount or other proof that Restitution was paid through the Court. 5. Additionally, in Pre Conviction Diversion or Diversion 2012 programs, the Contractor shall furnish the Prosecutor (CPO) with information on the collected amount and dates of disbursement to the Victim on a weekly basis. The weekly report is due at the next business day following the last business day of the previous week. The weekly report will be in a PDF attachment to an made to an account designated by the CPO. 6. In Pre-Conviction Diversion or Diversion 2012 cases, the Contractor will notify the Victim of its contact information and the fact that the Contractor is collecting the restitution on the victim's behalf. Should Contractor not be able to locate the victim, Contractor will immediately advise the CPO Diversion Unit, which in turn will take appropriate action. 7. The Contractor shall evaluate each Defendant and, based on evaluation, shall refer the Defendant to appropriate counseling, group therapy, education or other services designed to address appropriate issues of Domestic Violence, anger management, stress management, inter-personal relations, self-awareness/self-esteem, substance abuse, parenting skills, adult responsibility and respect for the property of others. In Domestic Violence cases, the Contractor shall require the minimum number of domestic violence counseling sessions (currently twenty six sessions) as determined by the Department of Health Services (DHS) and the Contractor shall only use a DHS approved agency provider. The sessions must be completed in not less than four months or greater than 12 months according to the Department of Health Services Administrative Directives. Additionally, in Domestic Violence (DV) cases, Contractor agrees to the following parameters: a. Contractor shall require the Provider Agency providing the counseling to ensure that the Defendant admits responsibility for his/her actions at the beginning of the sessions; the Agency must furnish the Contractor (who will in turn make such information available to the Prosecutor s Office upon request), a copy of the weekly curriculum, the content of the sessions and compliance with any updated versions of practices and law in the Domestic Violence arena. b. Contractor shall supply the Provider (if requested) with redacted police reports. Contractor shall permit agency counselors to speak directly with City Prosecutor attorney staff regarding non-confidential information about the Defendant s participation in the program should the Provider request. In no instances shall Contractor advise Provider or its representatives that Provider should not have direct contact with the Prosecutor s Office. c. Upon request, Contractor will keep the Victim informed of whether the Defendant is completing classes, submitting to alcohol, blood, breath or urine testing if a condition of the monitoring. Additionally, Contractor shall advise the Victim upon request of any changes in Defendant s status including a failure to successfully complete conditions. Contractor shall inform the Victim, upon Victim s request of any restitution information and updates regarding restitution information. d. At the completion of the last session, Contractor shall require Provider to provide an evaluation form which includes what information was helpful during the DV sessions, if there were tools able to be used in future relationships, and if the Defendant would recommend the counseling sessions to others similarly situated and if so why or why not. Contractor shall monitor the evaluations and provide copies to the CPO for review upon request.

14 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 12 OF The City shall monitor the Contractor s services on a spot-check basis. Contractor agrees to allow an open book policy for any records the City may request including any financial information. The City may conduct audits of any of the conditions of the Program. 9. The Contractor may offer in-house programs if they are consistent with the offense committed. However, the Contractor will offer a sufficient number of classes and staff personnel to ensure that the classes are offered frequently in both English and Spanish and may be attended well in advance of the sentencing date or, in the cases of Pre Conviction Diversion, well in advance of the Tickle Date (TIC) or the scheduled court date for completion of the program. The Contractor shall ensure that the classes are not a large percentage of video and that the law on any subject is up to date. This is a requirement whether the Contractor is conducting the in-house program or another Provider that the Contractor is using is administering the program. Qualified personnel shall have appropriate experience in the field of interest in which the Defendant is participating. Contractor agrees to furnish a resume to the Prosecutor s office of staff experience and or a copy of the curriculum. Additionally, Contractor will ensure that the classes will provide the full 7 ½ hours or 4 hours of training to the defendants. 10. Contractor shall maintain a list of names, current addresses and telephone numbers of defendants enrolled in all diversion programs. 11. Contractor shall notify Prosecutor s Office when a defendant has successfully completed the program and appears eligible to have the charge(s) dismissed and the guilty plea vacated, providing the defendant s name, date of birth and the docket number within an agreed time following successful completion. 12. Contractor shall notify Prosecutor s Office when the defendant has not complied with the conditions of diversion or has not successfully completed other program requirements, providing the defendant s name, date of birth and the docket number. This includes the Defendant s failure to report for intake, failure to successfully complete the Program requirements within the time frames determined by the City Prosecutor and executed by the Contractor. Upon receipt of Notice of a Failure to Comply, the CPO will move to accelerate or confirm the date for imposition of judgment and sentence, resulting in the Defendant s conviction. 13. Contractor shall collect all fees for the diversion program from the defendant. These fees shall include a $ fee to cover the cost of prosecution in the Diversion 2012 Regular Diversion/Animal Diversion programs plus the $50.00 Contractor s fee and the counseling fee. Also, in both the DSL classes and the Animal classes, appropriate licensing is a condition of successful completion. 14. In Diversion 2012 MDP cases the $ City fee, the $35.00 monthly Contractor s fee plus the cost of the classes/counseling charged by the appropriate agency. The City fees shall be collected by the Contractor and then remitted to the City. Following payment of Restitution to the victim, the Contractor shall pay the City its initial fees first. The Contractor will implement a waiver policy or reduced fee payment schedule for indigent participants for qualifying indigent defendants. Qualifying Indigent Defendant (QID) means a Defendant who produces to the Contractor at the time of payment of Diversion fees a valid form of (1) SNAP card; or proof of contemporary receipt of (2) supplemental social security income; (3) unemployment benefits; (4) temporary assistance to needy families (TANS) or General Assistance (GA). The City Fee for a QID shall be reduced from $150 to $25. At no time shall restitution to the victim be reduced. In cases that are on either Regular Diversion or Monitored Diversion which were in Pre-Conviction status prior to the commencement of the Diversion 2012 programs, the fees and conditions are the same as those in the various Diversion 2012 programs. 15. The Contractor shall design and provide a supply of brochures to the Prosecutor s Office explaining the various diversion programs in English and Spanish. The brochures shall include identifying information of the Contractor including a map from City Court to the Contractor s place of business. 16. The Contractor shall have an office that is readily accessible to defendants and is, at a minimum, open between the hours of 8:00 AM and 5:00 PM all regular work days scheduled by the City. It is preferable that the Provider s office be located in close proximity (i.e.: within eight blocks) to City Court to facilitate the intake process for those defendants eligible for diversion. 17. The Contractor shall employ bilingual staff (English and Spanish speaking) and provide services to hearing impaired, disabled and non-english speaking persons. The cost of interpreter services will be borne by the

15 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ PAGE 13 OF 13 Contractor unless they are provided by the person receiving services. Should the Defendant speak a non English or a non Spanish language, the Contractor agrees to provide proper interpreters or to use a language line at the Contractor s own cost which may not be passed on to the Defendant. 18. The Contractor shall participate in any evaluation planned by the Diversion Unit. Specifically, an initial program evaluation report will be completed six months after the inception of the program. This evaluation will include an analysis of the initial program data and an explanation of the program improvements that have been planned and implemented. A program evaluation report will be completed at the end of each year of the contract. This evaluation report should include development of a Customer Satisfaction survey to be completed by each defendant who successfully completes the program. 19. The Contractor shall provide measurements of the success of the diversion programs. Results of the evaluations shall be reported to the Diversion Unit on a quarterly basis. Statistics will be provided of a specified number of successful completions within the requisite time period. 20. The Contractor shall make payments quarterly to the City of Tucson. The payments shall be due on the last working day of the month following the end of the quarter. The Contractor shall furnish all payment reports in an Excel document as well as a PDF form attached to an to addresses designated by the Finance Department, the CPO and the Civil Division of the City Attorney s Office. Payments must be accompanied by a list of defendants who successfully completed the Pre-Conviction Diversion and the Diversion 2012 requirements along with the appropriate docket numbers. Contractor shall additionally present the CPO and the City Attorney s Office, Civil Division as well as the City of Tucson, Finance Department with the same documentation within the same time frame. 21. The Contractor shall alert CPO within ten (10) business days if Defendant is unsuccessful in completing any of the requirements including a subsequent arrest. Failure to do so may result in requesting the Court accelerate the sentencing hearing and impose the conviction. In cases of violation of pre-conviction diversion terms, the State will request the Court to accelerate the Defendant s case and set for a pretrial at which time, the Defendant may be offered a plea agreement or have a trial scheduled. 22. The Contractor agrees to prepare all paperwork associated with Petitions to Revoke Probation and forward it to the Prosecutor s office for a signature. Contractor will have a monitor present at all Probation Revocation hearings (exclusive of arraignments) that will be prepared to present evidence of the Probationer s Violations.