HomeMy WebLinkAboutPrivet Probation Service Agreement
Augusta Richmond GA
DOCUMENT NAME: 'PR \ \J A1"c p~ O(3A-T i O~ ~ 8~\lICe. A ~ ~ E:.6 JYI E:'Alr
DOCUMENT TYPE: A-l3 R e 8 If) /Z,rV 'J
YEAR: ~DD~
BOX NUMBER: 8 Y.
FILE NUMBER: ., 1 S- 0 S-
NUMBER OF PAGES: I (
PRIVATE PROBATION SERVICES AGREEMENT
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THIS AGREE~T is~made and entered into effective as of the
/ tt- day of v/~ , 2004, by and between the State
Court of Richmond County, Georgia, (hereinafter referred to as
the "Court") and Sentinel Offender Services, LLC, located at
8601 Dunwoody Place, Suite 448, Dunwoody, Georgia 30350,
(hereinafter referred to as "Sentinel").
RECITALS
WHEREAS,
1. The Court has been duly authorized by O.C.G.A. ~42-8-100 to
establish services for a private probation system for the
purpose of providing general probation supervision,
counseling, collection services for all monies to be paid
by a defendant according to the terms of the sentence
imposed on the defendant as well as any monies which by
operation of law are to be paid by the defendant in
consequence of the conviction and other probation services
for persons convicted of misdemeanor offenses in the Court
and placed on probation.
2. The Court has the express authority, by and through its
duly elected and/or appointed officials, to enter into an
agreement with Sentinel to provide probation services, upon
the terms and conditions set forth herein, to mi sdemeanor
probationers. In no event will Sentinel be charged with
the responsibility of supervising a felony sentence unless
authorized to do so by law. This agreement also provides
for monitoring of suspended sentences imposed by the Court.
3. Sentinel is a limited liability company duly registered
with the Georgia Secretary of State and is in good standing
and registered with the County and Municipal Probation
Advisory Council
4. Sentinel is professionally staffed and able to provide
misdemeanor probation services as described in Paragraph 1.
5 .
Probation Officers providing services to the Court
at least twenty-one (21) years of age at the
appointment to the position of probation office-r
completed a standard two-year college course.
shall be
time of
and have
6.
Sentinel shall provide an initial forty (40)
orientation to all probation officers and twenty
of continuing education per annum as approved by
and Municipal Probation Advisory Council:
hours of
(20) hours
the County
7. Sentinel shall require criminal record checks of all staff
and employees providing services to the Court and shall not
employ any persons having convictions other than for minor
traffic offenses.
8. Sentinel certifies that to the best of its knowledge, no
employee of the Court, Augusta, Richmond County, nor any
elected officials, nor any public agency or official
affected by this Agreement, has any pecuniary interest in
the business of Sentinel, and that no person associated
wi th Sentinel has any interest that would conflict in any
manner or degree with the performance of the Agreement.
9. Sentinel will at times observe and comply with all laws,
ordinances, and regulations of the federal, state, and
local governments which may in any manner affect the
performance of this Agreement.
10. Sentinel shall comply with the legislative enactment
(O.C.G.A. S;42-8-100 through 108), as well as all standards
and qualifications as set forth by the County and Municipal
Probation Advisory Council and shall comply with the "Rules
and Regulations of the County and Municipal Probation
Advisory Council", as promulgated and as may be amended
from time to time.
11. It is understood and agreed by Sentinel that the providing
of probation services to the Court shall not be paid for or
funded in any way by the Court or Augusta, Georgia.
ARTICLE ONE
Services by Sentinel
Sentinel agrees to provide the following misdemeanor
probation services for and on behalf of the Court:
1. Attend regularly scheduled Court sessions for the purpose
of obtaining sentencing information and personal history
information for each offender placed on probation. Dates
of regularly schedules court sessions will be made
available to Sentinel in advance.
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2. Conduct an interview with each probationer at the time of
his or her sentencing or as soon thereafter as is
practicable for purposes of explaining the scope of the
court order relative to fines, fees and/or restitution
imposed. All requirements and conditions of the sentence
and probation supervision will be explained to the
probationer.
3. Collect from probationers court-ordered fines, restitution
and other costs associated with the order of the Court.
4. Prepare referrals and lend assistance to probationers
either ordered to receive or desiring counseling or
employment assistance. Probationers identified by the
Court as having special treatment and/or education needs
will be referred to appropriate community programs and
their progress followed and noted in their case record.
5. Substance abuse counseling and alcohol/drug testing will be
provided to probations identified by the Court as having
drug or alcohol related problems. Probationers will assume
the cost of drug and/or alcohol testing and Sentinel will
provide such testing at its cost.
6. Provide electronic monitoring and intensive probation
services to the Court at the direction of the Court. The
cost of these services will be negotiated with the Court
based on the needs of the Court. Probations will pay for
these services on a sliding fee scale approved by the
court.
7. Coordinate community service work with agencies in Richmond
County as required as a condition of probation by the
Court. Sentinel will coordinate only that community
service work that is reasonably consistent with those
duties performed by regular, unskilled labor employees.
8. Maintain case files on each probationer regarding
compliance with the terms and conditions of probation,
reporting dates, contacts as they occur and on the amounts
and dates of monies collected.
9. All reports, files, records, and papers shall be
designated by the Court, designated County officials and
the Department of Audits and Accounts.
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10. Provide the Clerk of Court with a monthly listing of cases
for which all fines have been collected. In this manner,
the Clerk will be notified as to when to remit amounts owed
to other authorities for which amounts are collected.
11. Provide monthly operational reports summarizing the number
of offenders supervised by Sentinel, the amount of fines,
statutory surcharges, and restitution collected, and the
number of probationers for whom supervision has been
terminated. Provide other reports as requested by the
Court.
12. Sentinel shall maintain collected fines, surcharges and
costs in a banking institution approved by the Court and
the Augusta-Richmond County Commission. All accounts
established for this purpose shall earn interest and the
interest earned on monies deposited in such accounts shall
be the property of Augusta, Georgia and shall be paid to
the Clerk of State Court on a monthly basis. Sentinel will
disburse to the Clerk, on a monthly basis or in the manner
directed by the Clerk of Court, all fines, surcharges and
costs collected as payments in individual cases. Partial
payments as well as payments in full will be disbursed on a
monthly basis.
13.
Reconcile all records with
basis. Records will be
inspection or audit, which
the Court.
the Clerk's office on a monthly
maintained and available for
reflect Sentinel's liability to
14. Disburse funds to recipients of restitution on a monthly
basis as the funds are collected.
15. Assist the Court and law enforcement authorities in
tracking absconders through the submission of a report that
details the probationer's personal history and employment
information, the circumstances of his/her violation and
his/her last known whereabouts.
16. If a determination is made by Sentinel that the probationer
lacks the resources to be able to make weekly or monthly
payments, every effort will be made to convert the
remaining fines or costs to community service hours.
Probationers will be credited a dollar amount determined by
the Court for each one (1) hour of community service
performed.
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17.
All efforts will be made to deal promptly with
cases at the mid-point juncture, if not earlier,
that there will be enough time remaining on the
for an appropriate disposition.
indigent
in order
sentence
18. When material breaches in conformation to conditions of
probation occur, Sentinel will take appropriate contempt of
court and/or revocation of probation action to bring the
breaches to the attention of the Court.
19.
Make every effort to provide consistent
each Probationer shall have only one
during the term of probation.
supervision so that
probation officer
20. Sentinel will maintain a policy of general liability
insurance coverage in an amount of no less than one (1)
million dollars with respect to liability for negligent,
willful or otherwise tortious acts or omissions of
Sentinel, its agent or employees, in connection with
Sentinel's provision of services and obligations
contemplated by this Agreement. As long as Sentinel
produces evidence that its general liability insurance
policy includes coverage for employee dishonesty in an
amount of no less than $500,000, it will not be required to
maintain a separate fidelity bond. Sentinel shall assign
the benefits of the policy to the Court and Augusta,
Georgia. A copy of the policy shall be provided to the
Court. At each renewal of the policy, a copy of the
schedule of insurance or declarations page shall be
furnished to the Court. Such schedule or declaration must
state the limits of coverage.
21. Sentinel agrees to indemnify and hold harmless Augusta,
Georgia, its officers and employees, agents and servants,
including all judges of the State Court, Clerk of the State
and Superior Court and their officers and employees from
any and all losses, claims, liabilities, penal ties, fines,
forfei tures, demands, causes of action, suits and/or costs
and expenses incident thereto (including without limitation
costs of defense, settlement and reasonable attorneys fees)
(hereinafter the "Indemnified Costs") in any way related to
or arising out of any failure of Sentinel to perform its
obligations hereunder, or related to or arising out of any
fail ure of Sentinel to perform its obligations or persons
caused by any action or omission of Sentinel, including
without limitation any negligent, willful or otherwise
tortious act or omission. Sentinel acknowledges that, in
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connection with its performance of this Agreement, its
agents , representatives and employees will be responsible
for certain monies and property of Augusta, Georgia; and
Sentinel specifically agrees to indemnify and hold harmless
Augusta, Georgia, from any and all losses, claims,
liabili ties, penal ties, fines, forfeitures, demands, causes
of actions, suits and/or costs and expenses incident
thereto (including without limitation costs of defense,
settlement and reasonable attorneys fees) in any way
related to or arising out of any act of theft, fraud,
misconduct and/or misappropriation committed by any
officer, agent, employee or representative of Sentinel.
For purposes of this Section 21, "Sentinel" includes any
officer, agent, employee and/or representative of Sentinel,
and "Augusta, Georgia" includes the State Court of Richmond
County, its officials, officers, agents, employees,
services and/or representatives and the elected officials
of Augusta, Georgia and its officers, agents, employees and
servants. This indemnity obligation of Sentinel under this
Section 21 shall survive the expiration or termination of
this Agreement.
22.
Sentinel will not engage in any employment, business,
acti vi ty that interferes or conflicts with the duties
responsibilities of this Agreement.
or
and
23.
Sentinel and its employees shall not have
business dealings, including the lending of
probationers under their supervision.
personal or
money, with
24.
Sentinel shall provide to the Court written reports
defendants on probation that appear before the Court
arraignment, trial or other hearings.
on
for
25. Sentinel shall provide to the Court on a monthly basis a
written operational report detailing caseload statistics,
collections and other information as requested by the
Court.
26. Sentinel shall employ an auditor chosen by the Court and
governing authority to annually audit its records and books
pertaining to the services rendered to the Court. The
Court and governing authority shall select the type of
audi t to be performed. The type of audit selected may
include, but is not limited to, a type of internal control
audit commonly known as a "report on controls placed in
operation and tests of operating effectiveness". A written
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copy of this audit shall be provided to the Court and
governing authority. If the audit reveals deficiencies or
problems, Sentinel agrees to immediately undertake
corrective action as recommended by the auditor or as
directed by the Court. Sentinel shall provide to the Court
copies of other audits that may be performed on operations
related to the services rendered to the Court. This shall
include, but is not limited to, procedural audits regarding
internal controls and/or receipts and disbursements audits.
27. In the event criminal offenses are decriminalized by the
Georgia Legislature, Sentinel agrees to monitor and collect
fines and/or fees in such cases as may be required by the
Court.
28.
Sentinel shall establish the capability to accept
by credit card no later than October 1, 2004.
shall submit to the Court for its approval any
fees or costs to be paid by offenders/probationers.
payments
Sentinel
proposed
29. Sentinel agrees to maintain on its staff a Spanish-speaking
employee that is appropriately qualified to interpret for
Spanish-speaking probationers/offenders to ensure that
these individuals fully understand their obligations to the
Court. This interpreter shall attend all hearings related
to compliance with the Court's sentence. Sentinel also
agrees to employ or contract with, on an as-needed basis,
additional interpreters as may be necessary to ensure that
probationers/offenders speaking other languages fully
understand their obligation to the Court. Sentinel shall
have qualified interpreters attend all hearings related to
compliance with the Court's sentence.
ARTICLE TWO
Conditions
This Agreement is made based upon the following conditions:
1. The Agreement will extend for one year from the date of
execution.
2. Notwithstanding the date of expiration of this Agreement,
this Agreement shall not annually automatically renew under
the terms and conditions as provided for herein. The
contract may be terminated by either party on thirty (30)
days notice to the other. In the event this Contract is
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not renewed or is terminated by the Court, Sentinel agrees
to cooperate with and assist the Court in making an orderly
transfer of responsibility for providing probation services
to any other provider selected by the Court. It is further
understood and agreed that all probation files remain the
property of the Court and will be turned over to the Court
or its designee.
3. In the event of a material default of any of the provisions
of this Agreement, the non-defaulting party may terminate
this Agreement if: (i) the non-defaulting party gives
written notice to the party in default specifying the
nature of the default and (ii) such default remains uncured
or uncorrected for a period of thirty (30) days after
written notice of such default is delivered to the
defaul ting party, or if such default cannot reasonably be
cured or corrected wi thin the aforesaid thirty (30) day
period, the defaulting party undertakes, diligently after
receipt of such written notice is received and continues
until completion, efforts to cure or correct such default
and furnish proof to the non-defaulting party upon its
request of such efforts and the date the cure or
corrections will be achieved. For purposes of this
Agreement, a "material default" of this Agreement shall be
deemed to in clued any illegal or unethical business
transactions, or a failure to adequately meet, maintain and
comply with the obligations set forth in this Agreement.
4. The Court may also terminate this Agreement immediately
upon written notice to Sentinel if Sentinel becomes
insolvent or files for protection under any chapter of the
u.s. Bankruptcy Code.
ARTICLE THREE
Supervision, Monitoring and Enrollment Fees
1. In consideration of the probation or monitoring services
provided by Sentinel, the Court agrees that each sentence
shall provide for a probation or monitoring fee payable
directly to Sentinel, for each month of the probation or
suspension period of the sentence. The monthly fee shall
be as follows:
a.
Twenty-two dollars ($22) per
which Sentinel is collecting
restitution ordered by the
month
fines,
court
in those cases in
surcharges and/or
in a probated or
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suspended sentence. The probation fee collected in
these pay-only cases shall not exceed the amount of
the fine, surcharges and/or restitution collected.
b. Thirty-fi ve dollars ($35) per month in those cases in
which Sentinel is providing probation supervision or
monitoring services for conditions other than the
payment of fines, surcharges and/or restitution. When
all conditions of the probated or suspended sentence,
other than payments, are completed, the supervision or
monitoring fee shall be reduced to twenty-two dollars
($22) per month.
c. Sentinel may charge a one-time fifteen dollar ($15)
enrollment fee to defendants that require supervision
of conditions of the Court's sentence. The enrollment
fee may not be charged in pay-only cases in which
Sentinel is only collecting fines, surcharges and/or
restitution.
d. Sentinel shall transfer each case to an un-supervised
status and all probation supervision fees shall cease
when all conditions of the probated/suspended sentence
that require supervision have been successfully
completed, unless the Court specifically orders
otherwise.
2.
Sentinel understands and agrees that the
suspension period and/or the monthly
monitoring fee may be modified, suspended or
the Court as determined necessary in
discretion.
probation or
probation or
terminated by
the Court's
3. Payment of fines and fees will be set according to the
sentencing order of the Court. For those probationers
requiring a payment plan due to financial inability to pay
in fill, a payment plan will be set out for each
probationer by Sentinel. Sentinel, in establishing each
payment plan, will take into consideration the ability of
each probationer to pay. Sentinel understands that the
payment plan may be modified by the Court as necessary.
4 .
If a payment
to fully pay
the monthly
the monies
follows:
is made that is less than the amount necessary
both the monthly probation supervision fee and
fine and/or restitution payment that is due,
received by Sentinel shall be disbursed as
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a.
Fifty percent
with Sentinel
percent (50%)
County.
(50%) of the money received shall remain
for payment of their services and fifty
shall be paid over to Augusta-Richmond
ARTICLE FOUR
Disbursement of Collected Funds
1. Other than probation supervision fees, monitoring fees or
other court-approved fees, no monies collected by Sentinel
shall be retained by Sentinel for their use and all said
monies shall be paid over to the Clerk of State Court of
Richmond County or other authorized party as ordered by the
Court.
2. Sentinel will collect the Georgia Crime Victims Emergency
Fund fee pursuant to O.C.G.A. ~17-15-13 from each
probationer placed on probation as required by Georgia law
unless the Court exempts the probationer. Sentinel will
remit all collections for this surcharge on a monthly basis
to the Georgia Crime Victims Compensation Board.
ARTICLE FIVE
Addendum
This Agreement is to include any addendum or attachment
that both parties have agreed upon in writing.
ARTICLE SIX
General
The foregoing constitutes the entire Agreement between the
parties and supersedes any representation or agreements
heretofore made and may be amended only by a document in writing
signed by a duly authorized representative of Court and
Sentinel. This Agreement may only be assigned with the written
consent of the State Court of Richmond County. This Agreement
has been executed by, delivered to and accepted by the Court in
the State of Georgia, and the provisions thereof shall be
governed by the laws of the State of Georgia. Any disputes
arising out of or related to this Agreement shall be resolved in
accordance with said laws. The parties agree that any action or
legal proceeding arising out of or related to this Agreement
shall be brought in the Superior Court of Richmond County,
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Georgia. The parties hereby consent to and waive any objection
to jurisdiction or venue of said court.
IN WITNESS WHEREOF, the parties hereto, acting through
their duly authori zed agents, have caused this AGREEMENT to be
signed and delivered effective as of this date, month and year
set forth herein above.
STATE COURT OF RICHMOND COUNTY, GA
ATTEST:
~ ~C.L~\IJk1ONUJ0
rb
Hamrick,
SENTINEL OFFENDER SERVICES, LLC
A~
f^-~
By: ~ 1 ~
Steven R. Queen,
State Director
~{j
THE GOVERNING
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