03-620� �RlGII�AL
Presented By:
Ref'erred To:
Committee:Date:
1 WHEREAS, the City of St. Paul, Police Department, is authorized to enter into the attached
2 memorandum of understanding between the Ramsey County Sheriff, County Attomey, Public Defender,
3 Public Health, Pre-Trial Services (Project Remand), Community Corrections, Community Human
4 Services and the Second Judicial District Court for participation in the Ramsey County Adult Substance
5 Abuse Court (ASAC) Program. A copy of said agreement is to be kept on file in the Office of Financial
6 Services.
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Requested by Department of:
Adoption •tified by Council Secretary:
BY� ., -�. �.._�
Appro Mayor: eDate: � � �
BY� � ��/P� �
Council File #
Green Sheet #
RESOLUTION
OF SAINT PAUL, MIlVNESOTA
c�3—(� Zc�
205033
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Police
By:
Form A oved by Ci orney:
By:
Mayor
By:
Adopted by Council: Date: �. _ 2�5 �
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•� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Deparhnentloffice/council: Date Inifiated:
pD -Pati��an,nom 28-MAY-03 Green Sheet NO: 205033
CoMad Person & Phone• ���M Sent To Person InitiaVDate
Chief William K Finney � 0 otice De
� �' Assign 1 olice De ent De ar�ent D'uec[or
` Must Be on Council Agenda by (Date): Number Z y� 17��C, �O
I 28-JUN-03 "'°`---
; For 3 0's OtSce MavodAssistant '
Routing
Order 4 ��� - --- � �
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7ota1 # of Signature Pages � (qip All Locations for Signature) ��„ €� ��
Action Requested:
Authorizing the Cily of Saint, Police Departrnent to enter into a memorandum of understanding for the Ramsey County Adult
Substance Abuse Court.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission t. Nas this personlfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this personlflrm p�sess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
The City of Saint Paul, Police Department, has an opportunity to participate in the Ramsey County Adult Substance Abuse Court
(ASAC) Program. The ASAC programs's mission is to stop the abuse of alcohoi and drug related criminal activity.
Advantages If Approved:
Alcohol and drug addiction is directly related to crime. This program is an excellent opportunity to assist individuals in dealing with
alcohoi and drug addiction.
Disadvantages If Approved:
None. JUN U � 2003
�1TY �4TTORNE�
DisadvanWges If Not Approved: ,
I Lost opportunity to participate in the ASAC Frogram. - -
, �3; Gsn'�r
I
Total Amount of p Cost/Revenue Budgeted:
Transaction: 39 „
FundingSource: ActivityNumber. �+'E�f�� .>. � ����
Financial Infortnation:
(Explain)
YiEMORANDUM OF UNUtKJCANUING
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MEMORANDUM OF UNDERSTANDL�IG
RAMSEY COUNTY ADULT SUBSTANCE ABUSE COURT
AGREEMENT between the Ramsey County Sheriff, the St. Paul Police Department, the County
Attorney, the Public Defender, Public Health, Pre-trial Services (Project Remand), Community
Corrections, Community Human Services and the Second Judicial District Court.
The parties to this Agreement endorse the mission and goals of the Ramsey County Adult
Substance Abuse Court (ASAC) program in order for participants to eliminate future criminal
behavior and improve the quality of their lives. The parties recognize that for the ASAC mission
to be successful, cooperation and collaboration must occur within a network of systems.
The parties to this Agreement propose the following mission statement: "The Ramsey County Adult
Substance Abuse Court intends to stop the abuse of alcohol and other drugs and related criminal activity
through expedited criminal court processing, culturally appropriate treatment services, frequent and
random drug testing, regular judicial supervision and a host of support services in the community, such as
job training and placement services, housing, education, child care."
The parties agree that there are ten principles under which the respective agencies will work
cooperatively. They are:
1. The ASAC integrates alcohol and other drug treatment services with criminal justice system
processing.
2. Using a non-adversarial approach, prosecution and defense counsel promote public safety while
protecting participant's due process rights.
3 Eligible participants are identified early and promptly placed in the ASAC program.
4. The ASAC provides access to a continuum of alcohol, drug and other related treatment and
rehabilitation services.
5 Frequent alcohol and other drug testing monitors abstinence.
6 A coordinated strategy governs the ASAC responses to participant's compliance
7. There is on-going judicial interaction with each ASAC participant.
8 A monitoring and evaluation plan measures the achievement of program goals and gauges
effectiveness.
9. Continuing interdisciplinary education promotes effective substance abuse court planning,
implementation and operations.
10 Forging partnerships among drug courts, public agencies and community-based organizations
generates local support and enhances ASAC effectiveness.
INDIVIAUAL AGENCY RESPONSIBILITIES AND STAFF COMMITMENTS
County Attorney
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1. A county attorney will be assigned to the ASAC program for the term of this A�reement. as
funding permits, and will participate as an active member of the staffing team and the Steerin�
Committee.
2. The county attorney will assist in identifying non-violent defendants arrested for specified drug or
alcohol —related offenses.
3. The county attorney will dismiss charges against Track I and Track II participants after they have
successfully completed the ASAC program.
4. For those Track III and Track IV participants who successfully complete the ASAC program of
not less than 18 months, the county attorney will agree to an early termination of their period of
probatiott.
5. The county attorney agrees that a positive drug test or open court admission of dru� possession or
use will not result in the filing of additional charges based on that admission; and
6. the county attorney makes decisions regarding the participant's continued enrollment in the
program based on performance in treatment and in the program rather than on leeal aspects of the
case, barring additional criminal behavior.
Public Defender
�
5.
A public defender will be assigned to the ASAC program for the term of this A�reement, as
funding permits, and will participate as an active member of the staffing team and the Steering
Committee.
The public defender advises the defendant as to the nature and purpose of the AS_-1C, the rules
governing participation, the consequences of abiding or failing to abide by the rules and how
participating or not participating in the ASAC will affect his/her interests.
The public defender explains all of the rights that then defendant will temporarily or permanently
relinquish.
The public defender's o�ce explains that because criminal prosecution for admitting to alcohol or
other drug use in open court will not be invoked, the defendant is encouraged to be truthful with
thejudge, the case manager and the treatment staf£, and informs the participant that he or she will
be expected to speak directly to thejudge, not through an attorney.
The public defender reviews the participanYs progress in the program and advocates appropriately
when the participant is facing sanctions for non-compliance, when seekin� early termination of
probation, or at the time of sentencing should the participant be terminated from the program
Community Corrections/pre-trial Services
1. Two case managers will be assigned to provide field supervision of up to 100 AS.-�C participants
for the term of this Agreement, as funding permits, and will participate as active members of the
staffing team.
2. Community Corrections and Project remand will provide supervision and case management
services to the ASAC participants.
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3. Community Corrections and Project Remand will participate in weekly case reviews with the judge,
treatment provider and ASAC staffing team.
4. Community Corrections and Project Remand will provide on-site progress reports to the judge.
5. Project Remand will conduct a screening for suitability for the ASAC program and Rule 25
assessments and make specific recommendations relating to the treatment needs of the participant.
6. Community Corrections will provide frequent, observed drug testing on a random basis.
7. Community Corrections and Project Remand representatives will participate as active members of
the Steering Committee.
Ramsey County Sheriffs Department
1. The Sheriff's Department provides access to in-custody treatment services for those returning to
custody as a sanction.
2. The Sheriff's Department cooperates in taking participants on ��arrant status into custody and
releasing them into treatment on the judge's orders.
3. A representative from the Sheriff's Department will participate as an active member of the Steerin�
Committee.
St. Paul Police Department
1. The police department serves as a liaison between the Steecing Committee and the community and
provides information to the Steering Committee on community issues related to drug or alcohol
abuse.
2. The police department disseminates information, including the referral process, about the ASAC
program to al] police personnel.
3. The po(ice department provides feedback to Project remand on potential candidates for the ASAC
program.
4. A representative from the police department will participate as an active member of the Steering
Committee.
Second Judicial Court
1. The Court will make at least a one-year assignment of a judge to the ASAC to ensure consistency.
2. The Court assumes the primary role to motivate and monitor the participants of the ASAC
program.
3. The Court actively represents the ASAC in the community and appears before governmental
agencies, public commissions, legislative hearings, public forums and the media.
4. The Court ensures a cooperative atmosphere for attorneys, clerks, case managers, pre-trial
personnel and treatment providers to stay focused on the task of providing substance abusers with
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treatment opportunities.
5. The Court provides the necessary reinforcers which the Court deems necessary.
6. The assigned judge will participate as an active member of the staffing team and chairs the Steering
Committee.
Second Judicial District Court Administration
1. The Court Administrator provides oversight of the ASAC program and the responsibilities of the
ASAC Coordinator.
2. The Court Administrator assists the ASAC team with monitoring and evaluation of the ASAC
when necessary.
3. The Court Administrator assists in seeking fundin� sources, responds to grant solicitations,
implements and monitors grant funds and provides fiscal, narrative and statistical information as
required by the funding source to ensure the on-going operation of the program
4. The Court Administrator provides or seeks on-going training of judicial officers
5. The Court Administrator provides monthly strategic planning for the Steering Committee to ensure
stability, support and on-going accountability for the ASAC program.
6. The Court Administrator is responsible for the preparation of the annua] report setting foRh the
incidence of recidivism among ASAC graduates.
7. The Court Administrator provides leadership and direction under the supervision of the Supreme
Court Presiding Judge to ensure compliance with National Standards set forth b} the National
Association of Drug Court Professionals.
8. The Court Administrator will participate as an active member of the Steering Committee
Adult Substance Abuse and Mental Health Initiatives Steering Committee
All parties agree to be represented in this group. This committee will be responsible for modifying and
amending this Agreement. The Steering Committee wii] address problems and issues as identified and
develop policy and program modifications.
Agreement Modifications
Any individual agency wishing to amend/modify this Agreement will notify the Steerins Committee of the
issue(s). The Steering Committee will address the issue(s) for purposes of modif} ine/amending the
A�reement. The issue will be decided by consensus (if possible) or by simple majority, if not.
Termination of Agreement
Individual agencies contemplating termination of their participation in this Agreement shall first notify the
Steering Committee of their concern(s). The Steering Committee shall attempt to resolve the problem to
ensure continuation of the ASAC program. If unable to resolve the problem, the individual agency or
department can exercise its right to terminate this Agreement by notifying all other agencies in writing a
minimum of 60 days prior to such termination.
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IN WITNESS THEREOF, the parties have caused their duly authorized representatives to execute this
Agreement.
S�'8�ond Judicial District Court Judge Second Judicial District Court
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County
Public Health
Community
Public Defender
Community
Pre-trial Services
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County Sheriff St. Paul Police Chief
s �r s
5/14�2003 8 07 AM