HomeMy WebLinkAboutSENTINEL OFFENDER SERVICES FOR 2011/2012 � M
•
AGREEMENT
'_ T"IS.AGREEMENT is made and entered into effective as of the �� day of
, 201 l, by and between the State Court of Richmond County, Georgia,
(herein�aft , refe� as the "Court") and Sentinel Offender Services, LLC., located at 3675
Crestwood Parkway, Surte 310, Duluth, Georgia 30096 (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
probation system for the purpose of providing 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 misdemeanor 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 corporation 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 shall be at least twenty-one (21) years
of age at the time of appointment to the position of probation officer and have completed
at a minimum a standard two-year college degree.
6. Sentinel shall prov'ide an initial forty (40) hours of orientation training to all probation
officers and twenty (20) hours of continuing education per annum as approved by the
County and Municipal Probation Advisory Council.
7. Sentinel shall require criminal record check of all staff and employees providing services
to the Court and shall not employ any persons having convictions other than for minor
traffic offenses.
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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 with Sentinel has any interest that would conflict in any manner or degree with
the performance of the Agreement.
9. Sentinel will at all 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. § 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 by the Court of Augusta, Georgia.
ARTICLE ONE
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Services b�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 scheduled court sessions will be made available to Sentinel in advance.
2. Conduct an initial 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.
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;� 4. Prepare referrals and lend assistance to probationers either ordered to receive or desiring
counseling or employment assistance. Probationers identified by the �ourt 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 and7or alcohol/drug testing will be provided to probationers
identified by the Court as having drug or alcohol related problems. Probationers will
assume the cost of random 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 and at the
direction of the Court. The cost of these services will be negotiated with the Court based
on the needs of the Court. Probationers will pay for these services on a sliding scale
approved by the Court.
7. Coordinate community service work with agencies in Richmond County and other
locations when ordered as a condition of probation by the Court.
8. Maintain information in case files for each probationer regarding compliance with the
terms and conditions of probation, reporting dates, contacts as they occur and the
amounts and dates of monies collected.
9. All reports, files, records, and papers shall be confidential and shall be available only to
• the Court, and to others as specifically authorized by the Court.
10. Provide the Clerk of Court with a monthly listing of cases for which all fines and fees
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.
ll. 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 far this purpose shall earn interest and the interest earned on monies
deposited in such accounts shall be the properly 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 disbursed on a monthly basis.
13. Reconcile all records with the Clerk's office on a monthly basis. Recards will be
maintained and available for inspection or audit, which reflect Sentinel's liability to the
Court.
• 14. Disburse funds to recipients of restitution on a monthly basis as these funds are collected.
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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 is lacking 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.
17. All efforts will be made to deal promptly with indigent cases at the mid-point juncture, if
not earlier, in order that there will be enough time remaining on the sentence for an
appropriate disposition.
18. When material breaches in conformation to the 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 supervision so that each Probationer shall have
only one probation officer during the term of probation.
20. Provide "Warrant Recovery" services for the collection of fines, surcharges, court costs,
restitution, fees and other financial obligations owed on outstanding probation violation
• warrants and failure to appear warrants. Sentinel is authorized to sub-contract with
American Recovery Solution Services ("ARSS") to assist Sentinel in the collection of
said warrants. Sentinel will exhaust all efforts available to them through effective case
management to collect all outstanding fines, surcharges, court costs, restitution, fees and
other financial obligations owed by offenders prior to requesting the services of ARSS.
No probation violation warrants shall be forwarded to ARSS for collection unless
approved first by the Court. Of any particular account collected ARSS shall comply with
the Official Code of Georgia Annotated Section 15-6-94, in determining the priority of
distribution of funds received and in the calculation of the amount it's to receive for
services rendered: ARSS shall be entitled to retain 25% of that sum specified in the
O.C.G.A. Section 15-6-94(10), as payment for its services. All money collected on
accounts serviced (less that sum paid for its services rendered) shall be remitted to
Sentinel monthly, by the 15 of each succeeding month, along with an accounting of all
sums collected, for distribution by Sentinel to the Clerk of State Court.
21. Sentinel will maintain a policy of general liability insurance coverage in the amount of
not less than one (1) million dollars with respect to liability for negligent, willful or
otherwise tortuous acts or omissions of Sentinel, its agents 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 will assign the benefits of the
• policy to the Court and Augusta, Georgia. A copy of the policy shall be provided to the
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• 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.
22. 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 officials and employees from any and all losses, claims,
liabilities, penalties, fines, forfeitures, 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 damage ar injury to property or persons caused by any action or
omission of Sentinel, including without limitation any negligent, willful or otherwise
tortuous act of omission. Sentinel acknowledges that, in 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,
liabilities, penalties, fines, forfeitures, demands, causes of actions, suits and/or costs and
expenses incident thereto (including without limitation costs of defense, settlement and
reasonable attorney 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 � 22, "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,
• servants 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 � 22 shall survive the expiration or termination of this Agreement.
23. Sentinel will not engage in any employment, business, or activity that interferes or
conflicts with the duties and responsibilities of this agreement.
24. Sentinel and its employees shall not have personal or business dealings, including the
lending of money, with probationers under their supervision.
25. Sentinel shall provide to the Court as requested written reports on defendants on
probation that appear before the Court for arraignment, trial or other hearings.
26. Sentinel shall provide to the Court on a quarterly basis a written operational report
detailing caseload statistics, collections and other information as requested by the Court.
27. 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 audit 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 copy of this audit shall be provided to the Court and governing authority. If the
• audit reveals deficiencies of problems, Sentinel agrees to immediately undertake
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� 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 its not limited to,
procedural audits regarding internal controls and/or receipts and disbursements audits.
28. 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.
29. Sentinel shall provide the capability to accept payments by credit card. Sentinel shall
submit to the Court for its approval any proposed fees or costs to be paid by
offenders/probationers.
30. 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. This agreement shall not automatically renew. The contract may be terminated by either
party on thirty (30) days notice to the other. In the event this Contract is 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.
•
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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 defaulting party, or if such default cannot reasonably be
cured or corrected within 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 include 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
Service 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-five dollars ($25.00) per month in those cases in which Sentinel is collecting
fines, surcharges and/or restitution ordered by the Court in a probated or suspended
sentence. The fees collected in these pay-only cases shall not exceed 50% of fine,
surchaxges and/or restitution collected.
b. Thirty-five dollars ($35.00) 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-five dollars ($25.00) per month.
c. Sentinel may charge a one-time fifteen dollar ($15.00) 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.
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• 2. Sentinel understands and agrees that the probation or suspension period and/or the
monthly probation or monitoring fee may be modified, suspended or terminated by the
Court as determined necessary in the Court's discretion.
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 full, 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 is made that is less than the amount necessary to fully pay both the monthly
probation supervision fee and the monthly fine and/or restitution payment that is due, the
monies received by Sentinel shall be disbursed as follows:
a. Fifty percent (50%) of the money received shall remain with Sentinel for payment of
their services and fifty percent (50%) shall be paid over to Augusta-Richmond
County.
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 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
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• 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, 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 authorized
agents, have caused this AGREEMENT to be signed and delivered effective as of the date,
month and year set forth herein above.
STATE COURT OF RICHMOND COUNTY, GA
AT � ST:
\ �` '
By:
Richa d A. Slaby, Chief Judge
SENTINEL OFFENDER SERVICES, LLC
AT�'EST: •� � ' , � � . �%`:''
',�,i� �� � � �� B . � .
• � y ;
Steven R. Queen, Vice President
APPROVAL OF THE GOVERNING
AUTHORITY:
��',� , Mayor ��'� �
�� Augusta, Georgia
•
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