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2021-2023 Section 888 Alcohol Funds Agreement
AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and 28th Judicial District Community Corrections Agency for Substance Abuse Diagnosis,Counseling,Treatment,and/or Prevention Services This Agreement is entered into March 22,2021 by and between the City of Salina,Kansas,(the"City")and 28th Judicial District Community Corrections Agency,a non-profit(the"Contractor"). Recitals A. The City desires to contract for Substance Abuse services for the purpose of Diagnosis,Counseling,Treatment and/or Prevention Program in compliance with federal,state,and local regulations. B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement for Substance Abuse Counseling, Treatment, and Prevention services, as amended and supplemented from time to time. "City"means the City of Salina,Kansas. "Contractor"means 28th Judicial District Community Corrections Agency and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable): Exhibit A:Responsibilities of the Parties Exhibit B: Term; Schedule Exhibit C: Basis of Payment Exhibit D: Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term;Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B,subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Contractor agrees to obtain insurance coverage as specified in Exhibit D,attached hereto,and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Agreement,the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 6.2. Rating.All insurance policies shall be issued by insurance companies rated no less than A-VII in the most Contractor Services(2014-06-18) recent `Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement,including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City,its agents,representatives,officers,officials and employees from and against all claims,damages,losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death,or injury to, impairment,or destruction of property,including loss of use resulting therefrom,to the extent that such claims,damages,losses, and expenses relate to,arise out of,or are alleged to have resulted from the wrongful acts,negligent acts,errors,omissions,or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause,upon thirty(30) days advance written notice to the other party. In the event of such termination, the Contractor shall be compensated for such services as have been satisfactorily performed through the date of termination,but no compensation shall be earned after the effective date of the termination.Within five(5)days of any such termination,all finished or unfinished documents,data,studies, surveys, drawings, maps, models,photographs,reports or other material prepared by the Contractor pursuant to this Agreement shall be delivered to the City.Notwithstanding the above,the Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten(10)days after written notice to comply has been mailed by the non-defaulting party to the defaulting party,such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor,neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five(5)days,then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as 2 appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk Attn:Debbie Pack P.O.Box 736 Salina,KS 67402-0736 CONTRACTOR: 28th Judicial District Community Corrections Agency Annie Grevas 309 S.Broadway Salina,KS 67401 14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3)years from the date of fmal payment under this Agreement (the"Retention Period");provided,however,that if any litigation,claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit fmdings have been completely terminated or resolved,without right of further appeal. During the Retention Period,the Contractor shall allow a representative of the City during normal business hours to examine,audit,and make transcripts or copies of such records and any other documents created pursuant to,or arising under,this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes,subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws,and operates on a calendar fiscal year. In the event that this Agreement involves fmancial obligations spanning multiple fiscal years for the City,it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's fmancial obligations pursuant to this Agreement,the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Agreement,does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent,efficient,and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents, forms,or returns pertinent to the foregoing. 17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal,state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors,if any,agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability; 3 (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Contractor shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Contractor shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Contractor: (1) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Contractor's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning,and not in favor of or against any part'. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs, executors,administrators,trustees,successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 4 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified,waived,or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver, or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to fmd the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement,and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete, conclusive and fmal expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written,made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SAL II' • By: - "1":17 Manager Attest: Che.,l M s, P-!uty City Clerk Form: di, Lei I Counse % By: �� _ /./dr_ Pc) &tot_S7.9 ZeJ(name) ‘)/4/4,7,4,r4,,V (title) 5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES [INSERT Proposal as submitted by the Agency A-1 EXHIBIT B TERM; SCHEDULE Two year term, expiring December 31, 2022 B-1 EXHIBIT C BASIS OF PAYMENT 1. Compensation: Specific amount to be determined by the City Commission; dependant on continued funding for the City from the Special Alcohol 6.7% of Collections up to $45,300 2. Invoices: None Required 3. Payment: To be made on a quarterly basis, as proceeds of the Alcohol Tax are received from the State of Kansas C-1 EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Contractor shall obtain,pay for, and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: Commercial General Liability Professional Liability,Errors and Omissions $500,000 Single Limit Coverage Workers Compensation--Statutory Certificate of Insurance is required, City of Salina named as additional insured D-1 Community Corrections ----IAS_ AlA 309 S.Broadway Salina,KS 67401 Phone(785)826-6590,Fax(785)826-6595 January 26,2021 Salina City Commissioners City of Salina,Kansas 2021-2022 Section 888 Special Alcohol Funding Salina City Commissioners: 28th Judicial District Community Corrections Agency serving Saline and Ottawa Counties and the cities of Salina and Minneapolis,appreciates the opportunity to make this agency first application request to the City of Salina Section 888 Special Alcohol Funding. The narrative within the application clearly defines Community Corrections mission and purpose;outlining the critical need for these funds to address the ever growing population of clients experiencing chronic substance addiction and reducing funds to support services and care. My name is Annie Grevas,Director of the 28th Judicial District Community Corrections. I have been the director of this agency since 1993; monitoring the ever changing criminal justice system locally and across the Nation. The agency phone number is 785-826-6590. I appreciate the opportunity to apply for these funds and appreciate the consideration. Thank you, Annie Grevas Director 28th Judicial District Community Corrections City of Salina 2021 — 2022 Section 888 Special Alcohol Funding Application Amount of Funding Requested: $45,300.00 total for the two year period. Narrative Questions: 1. Please describe your organization's (program's) principal purposes, and explain how the stated purpose relates to the objectives set forth by the Special Alcohol statute? How long has your organization been in active operation within the City of Salina? The 28th Judicial District Community Corrections was established by the Kansas Legislature to divert clients involved with the justice system,away from Kansas State Prisons;instead assigning these clients to the Judicial District,that being the 28th for Saline and Ottawa Counties and the cities of Salina and Minneapolis. The 28th Judicial District Community Corrections was established in 1986. Per Kansas State statute the Legislators originally assigned this agency to the Counties responsibilities across the State of Kansas. At that time there was no expectation of funding from the individual counties to the Community Corrections agencies;instead, it was upon the agency to fully fund all department expenditures with grant dollars. Currently the 28th Judicial District Community Corrections remains with Saline County as the host county in which Saline County staff provide HR services,are responsible for approval of all grant and budget applications, and all Community Corrections staff are Saline County employees. In 2013 the Saline County Commissioners approved to partially fund the Saline County Drug Court by providing dollars to support 1.5 FTE 's and fully support the costs of a conflict attorney within the court. In December 2018,the Saline County Commissioners once again approved funds to support portions of the UA collections for all clients assigned to the Drug Court by the District Court Judges. Today the remaining dollars supporting Drug Court are a result of additional grant dollars; federal and state resources and local foundation. In December 2019 the 28th Judicial District Community Corrections agency began an innovative, evidence based, Pre-Trial Supervision program; designed to reduce high bonds for low risk clients,decrease the failure to appear to court mandates,and keep clients out of jail. At that time the Saline County Commissioners approved dollars to support two FTE's and partial funds to support client needs. Today the remaining dollars supporting the Pre-Trial Program are state grant dollars and local foundations. Community Corrections is fully supported by federal, state, county, and foundation grants, with the exceptions outlined above. Facility costs,all remaining staff salary and benefits,training, client services/needs, ordered by the District Court and State,and more are funded within the grant applications completed by Community Corrections Administrative Staff. In 1987 this agency supported 5 FTE's and a client population of 1IPage approximately 60. At the beginning of 2021,this agency supports 24 FTE's and 4 on-call positions for Juvenile Intake and Assessment and a growing population of clients, 500+. Over 95%of all clients, adult and juvenile,reside in the city limits of Salina,Kansas. The primary purpose of this agency is to reduce client recidivism and increase community safety by providing evidenced based supervision, surveillance,cognitive behavior based programing/practices;related to impacting substance abuse/addiction, mental health illness, and all crisis interventions related to highly addictive and severely mentally ill clients. Community Corrections provides in-house interventions,cognitive behavior based programming and education; providing funds to pay local providers for services such as detox services, inpatient treatment services,outpatient treatment, medication related to substance addiction recovery,and more. The purpose directly relates to the Special Alcohol statute in that Community Corrections affords clients the opportunity to address severe substance addiction issues while on supervision;purchasing intervention and treatment services directly impacting substance abuse addiction, behavior, and improving wellness. Supporting substance addiction services for all clients on Community Corrections is the largest annual client expenditure for this agency. 2. Explain how Section 888 resources will be used within your agency's overall program? Why are the Section 888 funds essential to your program? How does the proposed use of funds address the purposes of the Section 888 statutory authorization? As previously stated,this agency supports over 500 clients as directed by the Judges of the 28th Judicial District Court. The client population served is largely one that has been in the judicial system previously,experienced crisis and trauma as a young person and into adulthood, grew up in environments of substance addiction and mental illness, single parent or no biological parent present, and began utilizing substances at an early age. Research speaks to the large offender population,committing crimes to satisfy a substance addiction. The usage of illegal substances,non-prescribed medication, primarily opioids, and alcohol are outlined within the research as primary behaviors of the largest numbers of clients committing law violations. Lock down facilities lack space, resources, funding,and trained providers to address this growing population; emphasizing the increased success when instead these critical addiction issues are addressed within the intensive supervision and resources of Community Corrections. Over 95% of clients sent to jail and prison will at some time be released;most without any services addressing their substance addiction. Funds within this Section 888 allocation will be utilized specifically to address an increasing population of substance addicted clients, committing various crimes and being referred to the Community Corrections Drug Court Program/Supervision and Community Corrections Pre-Trial Program/Supervision. There are never enough resources to address this population. If a person lacks private insurance, does not meet State guidelines for direct dollars,or is part of the system in which clients and needs increase while resource funds decrease, success reduces significantly. More times than not,the client will have a better opportunity of success with Community Corrections than other options. The 2IPage mission of Community Corrections, specifically this agency, is to do all that is available to reach recovery, stability,and family wellness, without jeopardizing public safety. Section 888 resources will allow an increased number of clients, suffering from chronic substance addiction and mental health crises, receive multiple services,outlined in the Narrative section of this application to include detox, inpatient treatment,outpatient treatment, sober living environments, and the necessary assessment and medication while remaining out of a locked down facility,maintaining employment and caring for their families; enhancing wellness within the community. Studies show the costs to provide a client with daily essentials and any type of treatment services, if available,in a locked down facility,is more costly then community supervision. Further, families are torn apart for long periods of time increasing the financial strain on them and taxpayer's dollars; often resulting in a cycle of behavior within that family. Utilization of Section 888 dollars for all purposes described within this application fall in line with the statutory requirement. 3. Please list and describe the relationship that your agency (program) has with other community agencies or organizations. Please include State and Local Government Agencies, as well as private groups, profit or non-profit. Address assistance given/received. Partnerships within this community are essential to client success and many of the clients are shared among all the collaborative agencies. Community Corrections collaborates with all previously City of Salina Section 888 funded agencies,that being St. Francis, Central Kansas Foundation, and Ashby House, in addition to many more such as Catholic Charities, The Mission,Adult Learning Center,Food Bank, Central Kansas Mental Health, CAPS, and sober living environments,to name a few. Many times,the above agencies' share resources, appropriate grant opportunities are applied and received in collaboration,contract UA collections/testing, office space provided; in an attempt to meet all client needs. Community Corrections funds a majority of substance abuse/addiction services for supervision clients,Drug Court and Pre-Trial Programs, referred to local agencies. The large client population does not afford enough program/bed slots to support all needs increasing the waiting lists for these highly addictive clients to obtain much needed detox and inpatient treatment. Should delays occur and stability is critical the client can be referred to another city/county;the City of Salina 888 Special Alcohol Funding dollars,if awarded,will not be utilized for those clients, allowing grant dollars to remain in the area impacted. Funding partnerships exist as outlined previously within this application. The majority of these partnerships are grant required and funding year to year varies; eliminating planning and projecting more than a couple years in advance. 3IPage Kansas Department of Corrections-Adult and Juvenile Services: Two grants afforded to this agency to apply annually addressing the Adult and Juvenile departments/programming within Community Corrections Federal Justice Assistance Grant-Annual grant afforded to Community Corrections to apply for assistance directly related to removing barriers that keep clients within the justice system, such as Substance Addiction. These funds have been awarded to this agency for several years and support one FTE for the Drug Court program. Saline County Special 888 Alcohol Funds-Annual grant afforded to Community Corrections for assistance directly related to substance addiction services. Dollars are limited within this opportunity;yet every dollar impacts client success and wellness Saline County Commission- Saline County,as outlined within the Narrative, started allocating funds to Community Corrections in 2013 and then again in 2019 to partially fund the development, staffing, and client services for Drug Court and Pre-Trial Programming Salina Community Foundation- Community Corrections applies for various grant opportunities for client services such as health and wellness needs, bikes for clients to improve mobility and avoid failure to report. KDOC Adult Services Behavioral Health Grant-Annual funding opportunity grant designed to address the client's chronic substance addiction and mental illness. The Behavioral Health grant is a collaboration with Community Corrections and Central Kansas Foundation. Funding supports shared positions, peer mentoring, cognitive behavior program facilitator,and high risk/high need supervision officer; impacting directly clients and families dealing with those chronic additions and crisis interventions. As with many government grant opportunities the dollars vary year to year and unfortunately tend to reduce. KDOC Juvenile Services Evidence Based Grant and Prevention Grant-Annual funding opportunity grants designed to address youth and family dynamics that impede successful outcomes such as completion of court ordered supervision,family addiction and mental health issues,trauma and crisis incidents within the family, English as a Second Language barriers in all areas of supervision, services and court. This grant is a shared opportunity with CAPS and funds staff in both agencies, services,training,and more. 4. Describe your agencies program(s), including at least the following: A. Please refer to the previously outlined list and descriptions of Community Corrections provided services. This funding opportunity will apply only to those clients assigned,from the 28th Judicial District Court Judges,Drug Court and Pre-Trial programming. 4IPage B. Persons are referred to Community Corrections through the District Court system, other supervision programming within this district such as Court Services,previously served clients as a walk in if applicable. C. This agency does not specify a target population for Community Corrections programming/services and will serve all clients referred from the 28th Judicial District Court. Typically,the clients referred have been in the Criminal Justice System prior to the referral and have underlying substance addition, mental health illness;resulting in multiple crisis incidents for individuals and families. Homelessness,poverty,systemic criminal activity, and more. D. No determination by the Court, Funding Partners, or this agency, on program capacity. Staff will support all clients assigned to the Community Corrections Program. No waiting list exists. E. The Special 888 funds will be targeted directly to the previously outlined programs,Drug Court and Pre-Trial in the support areas of substance addiction, crisis intervention, and stability; following the research to increase the likelihood of success and reduce recidivism. F. No changes anticipated with the exception of increased numbers of clients served and increased amounts of services being offered and provided. G. The Community Corrections agency does not coordinate service delivery beyond the Criminal Justice System,specifically the District Court. The impact of service delivery is with the clients,through research based programming and supervision, dollars such as the Special 888 funding, and the continued development of innovative practices/programming designed to increase success and wellness for the client population,families, and community at large. 5. Please provide other narrative, as you feel appropriate to fully disclose the nature and operation of the proposed program. Not applicable 5IPage Required Attachments: 1. Annual budget for the program in the required format. New programs need only submit a budget for the 2021-2022 grant period. Existing programs must also provide an updated report for the prior year(2020). Required form attached. 2. Services Summary. Required form attached. 3. Copy of Bylaws, Articles of Incorporation, or other similar document establishing the purpose for your organization. Organizations that have received previous funding need not submit duplicate copies. Simply indicate that they are already "on file". 4. A copy of your current licensure for services from SRS, if applicable. NA 5. A copy of the fee schedule used by your agency. NA 6. Other attachments you might wish to include. Please list: NA 6IPage Program Budgetary Information Agency: 28th Judicial District Community Corrections Item Description (2020) 2021 2022 Actual Request Request (Unaudited) Revenues: Section 888 (Special Alcohol) Funds—Saline $4,807.00 $4,944.73 $4,944.73 Section 888 (Special Alcohol) Funds—Salina $0 $22,650.00 $22,650.00 Other Sources (Specify) $0 $0 $0 I Saline County $341,656.03 $353,455.01 $353,455.01 KDOC Grant Funds $1,916,136.75 $2,129,447.21 $2,129,447.21 Federal Justice Assistance Grant $75,404.00 $91,461.00 $91,461.00 Reimbursements/Contractual Fees $67,982.16 Coronavirus Relief Funding $65,852.30 $0 $0 Total Revenues $2,471,838.24 $2,601,957.95 $2,601,957.95 Expenses: Salaries $1,347,895.70 $1,477,272.00 $1,477,272.00 Benefits and Employer Taxes $465,759.29 $550,330.09 $550,330.09 Travel $14,099.33 $8,350.00 $8,350.00 Training $18,247.87 $8,810.00 $8,810.00 Communication $10,811.14 $10,740.00 $10,740.00 Equipment $98,971.85 $3,855.00 $3,855.00 Supplies $18,443.83 $23,275.00 $23,275.00 Facility $162,549.35 $144,508.00 $144,508.00 Contractual Services $113,206.46 $217,327.98 $217,327.98 Client Services $221,853.42 $157,489.88 $157,489.88 1 Total Expenses $2,471,838.24 $2,601,957.95 $2,601,957.95 7IPage Services Summary For Twelve months ending: 12/31/2020 Program/Service Total Agency Section 888 (Program) Beneficiaries # # # People #Sessions People Sessions Inquiries Evaluations Individual Counseling Group Counseling Family Counseling Aftercare Inpatient Care (Detox) Alcohol and Drug Prevention and Education (Excluding ADIS) ADIS Dollars Contributed to third parties Referrals to other Agencies 245 Other Services (Specify): Total Unduplicated Persons Served 103 Please complete the table to the best of your ability, matching the categories listed to services provided by your agency. A note on how to count: If one individual attends three individual counseling sessions, it counts as 1 person and 3 sessions. If one individual receives an Individual Counseling session, participates twice in a group, and then receives a referral to another agency, you would count one individual in each service category. There would be two group sessions. However, total persons served would be 1. Likewise, if an individual were to go through your program once, and then be re-admitted,they would still count as 1 individual served in total, although they may have been counted many times. 8IPage Other attachments: To be provided by Applicant. 9IPage Kansas Statutes Annotated Community Corrections 75-5290 et seq . 75-5290. Short title. This act shall be known and may be cited as the "community corrections act." History: L. 1978, ch. 364, § 1; April 20. 75-5291. Community correctional services; grants to counties; placement of offenders, limitations; community corrections advisory committee, membership and duties. [See Revisor's Note] (a)(1)The secretary of corrections may make grants to counties for the development, implementation, operation and improvement of community correctional services that address the criminogenic needs of felony offenders including, but not limited to, adult intensive supervision, substance abuse and mental health services, employment and residential services,and facilities for the detention or confinement, care or treatment of offenders as provided in this section except that no community corrections funds shall be expended by the secretary for the purpose of establishing or operating a conservation camp as provided by K.S.A. 75- 52,127, and amendments thereto. (2) Except as otherwise provided, placement of offenders in community correctional services programs by the court shall be limited to placement of adult offenders, convicted of a felony offense: (A) Whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-1 of the sentencing guidelines grid for drug crimes. In addition, the court may place in a community correctional services program adult offenders, convicted of a felony offense,whose offense is classified in grid blocks 6-H, 6-I, 7-C, 7-D, 7-E, 7-F, 7-G, 7-H or 7-I of the sentencing guidelines grid for nondrug crimes; (B) whose severity level and criminal history score designate a presumptive prison sentence on either sentencing guidelines grid but receive a nonprison sentence as a result of departure; (C) all offenders convicted of an offense which satisfies the definition of offender pursuant to K.S.A. 22-4902, and amendments thereto, and which is classified as a severity level 7 or higher offense and who receive a nonprison sentence, regardless of the manner in which the sentence is imposed; (D) any offender for whom a violation of conditions of release or assignment or a nonprison sanction has been established as provided in K.S.A. 22-3716, and amendments thereto, prior to revocation resulting in the offender being required to serve any time for the sentence imposed or which might originally have been imposed in a state facility in the custody of the secretary of corrections; (E) on and after January 1, 2011, for offenders who are expected to be subject to supervision in Kansas,who are determined to be"high risk or needs, or both" by the use of a statewide, mandatory, standardized risk assessment tool or instrument which shall be specified by the Kansas sentencing commission; (F) placed in community correctional services programs as a condition of supervision following the successful completion of a conservation camp program; or (G) who has been sentenced to community corrections supervision pursuant to K.S.A. 21-4729, prior to its repeal, or K.S.A. 2011 Supp. 21-6824, and amendments thereto. (3) Notwithstanding any law to the contrary and subject to the availability of funding therefor, adult offenders sentenced to community supervision in Johnson county for felony crimes that occurred on or after July 1, 2002, but before July 1, 2013, shall be placed under court services or community corrections supervision based upon court rules issued by the chief judge of the 10th judicial district. The provisions contained in this subsection shall not apply to offenders transferred by the assigned agency to an agency located outside of Johnson county. The provisions of this paragraph shall expire on July 1, 2013. 2 (4) Nothing in this act shall prohibit a community correctional services program from providing services to juvenile offenders upon approval by the local community corrections advisory board. Grants from community corrections funds administered by the secretary of corrections shall not be expended for such services. (5) The court may require an offender for whom a violation of conditions of release or assignment or a nonprison sanction has been established, as provided in K.S.A. 22-3716, and amendments thereto,to serve any time for the sentence imposed or which might originally have been imposed in a state facility in the custody of the secretary of corrections without a prior assignment to a community correctional services program if the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will be jeopardized or that the welfare of the inmate will not be served by such assignment to a community correctional services program. (b) (1) In order to establish a mechanism for community correctional services to participate in the department of corrections annual budget planning process, the secretary of corrections shall establish a community corrections advisory committee to identify new or enhanced correctional or treatment interventions designed to divert offenders from prison. (2) The secretary shall appoint one member from the southeast community corrections region, one member from the northeast community corrections region, one member from the central community corrections region and one member from the western community corrections region.The deputy secretary of community and field services shall designate two members from the state at large.The secretary shall have final appointment approval of the members designated by the deputy secretary.The committee shall reflect the diversity of community correctional services with respect to geographical location and average daily population of offenders under supervision. (3) Each member shall be appointed for a term of three years and such terms shall be staggered as determined by the secretary. Members shall be eligible for reappointment. (4) The committee, in collaboration with the deputy secretary of community and field services or the deputy secretary's designee, shall routinely examine and report to the secretary on the following issues: (A) Efficiencies in the delivery of field supervision services; (B) effectiveness and enhancement of existing interventions; (C) identification of new interventions;and (D) statewide performance indicators. (5) The committee's report concerning enhanced or new interventions shall address: (A) Goals and measurable objectives; (B) projected costs; (C) the impact on public safety; and (D) the evaluation process. (6) The committee shall submit its report to the secretary annually on or before July 15 in order for the enhanced or new interventions to be considered for inclusion within the department of corrections budget request for community correctional services or in the department's enhanced services budget request for the subsequent fiscal year. History: L. 1978, ch. 364, §2; L. 1980, ch. 288, § 1; L. 1982, ch. 182, § 144; L. 1989, ch. 92, §31; L. 1997, ch. 179,§6; L. 1998, ch. 153, § 1; L, 2000, ch. 182, § 11; L.2002, ch. 177, §2; L. 2003, ch. 135, §8; L.2004,ch. 160, § 1; L. 2006, ch. 172, §2; L. 2008, ch. 116, § 2; L. 2009, ch. 132, § 15; L.2011, ch. 100, § 14; July 1. 3 75-5291b. Community correctional services; grants to counties; placement of offenders, limitations; community corrections advisory committee, membership and duties. [See Revisor's Note] (a) (1)The secretary of corrections may make grants to counties for the development, implementation, operation and improvement of community correctional services that address the criminogenic needs of felony offenders including, but not limited to, adult intensive supervision, substance abuse and mental health services, employment and residential services, and facilities for the detention or confinement, care or treatment of offenders as provided in this section except that no community corrections funds shall be expended by the secretary for the purpose of establishing or operating a conservation camp as provided by K.S.A. 75- 52,127 and amendments thereto. (2) Except as otherwise provided, placement of offenders in community correctional services programs by the court shall be limited to placement of adult offenders,convicted of a felony offense: (A) Whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes. In addition,the court may place in a community correctional services program adult offenders, convicted of a felony offense,whose offense is classified in grid blocks 6-H, 6-I, 7-C, 7-D, 7-E, 7-F, 7-G,7-H or 7-1 of the sentencing guidelines grid for nondrug crimes; (B) whose severity level and criminal history score designate a presumptive prison sentence on either sentencing guidelines grid but receive a nonprison sentence as a result of departure; (C) all offenders convicted of an offense which satisfies the definition of offender pursuant to K.S.A. 22-4902, and amendments thereto, and which is classified as a severity level 7 or higher offense and who receive a nonprison sentence, regardless of the manner in which the sentence is imposed; (D) any offender for whom a violation of conditions of release or assignment or a nonprison sanction has been established as provided in K.S.A. 22-3716, and amendments thereto, prior to revocation resulting in the offender being required to serve any time for the sentence imposed or which might originally have been imposed in a state facility in the custody of the secretary of corrections; (E) on and after January 1, 2011, for offenders who are expected to be subject to supervision in Kansas,who are determined to be "high risk or needs, or both" by the use of a statewide, mandatory,standardized risk assessment tool or instrument which shall be specified by the Kansas sentencing commission; (F) placed in community correctional services programs as a condition of supervision following the successful completion of a conservation camp program; (G) who has been sentenced to community corrections supervision pursuant to K.S.A. 21-4729, prior to its repeal, or K.S.A.2011 Supp.21-6824, and amendments thereto; or (H) who has been placed in community correctional services programs for supervision by the court pursuant to K.S.A.8- 1567, and amendments thereto. (3) Notwithstanding any law to the contrary and subject to the availability of funding therefor, adult offenders sentenced to community supervision in Johnson county for felony crimes that occurred on or after July 1,2002, but before January 1, 2011, shall be placed under court services or community corrections supervision based upon court rules issued by the chief judge of the 10th judicial district. The provisions contained in this subsection shall not apply to offenders transferred by the assigned agency to an agency located outside of Johnson county. The provisions of this paragraph shall expire on January 1, 2011. (4) Nothing in this act shall prohibit a community correctional services program from providing services to juvenile offenders upon approval by the local community corrections advisory board. Grants from community corrections funds administered by the secretary of corrections shall not be expended for such services. 4 (5) The court may require an offender for whom a violation of conditions of release or assignment or a nonprison sanction has been established, as provided in K.S.A. 22-3716, and amendments thereto, to serve any time for the sentence imposed or which might originally have been imposed in a state facility in the custody of the secretary of corrections without a prior assignment to a community correctional services program if the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will be jeopardized or that the welfare of the inmate will not be served by such assignment to a community correctional services program. (b) (1) In order to establish a mechanism for community correctional services to participate in the department of corrections annual budget planning process, the secretary of corrections shall establish a community corrections advisory committee to identify new or enhanced correctional or treatment interventions designed to divert offenders from prison. (2) The secretary shall appoint one member from the southeast community corrections region, one member from the northeast community corrections region, one member from the central community corrections region and one member from the western community corrections region. The deputy secretary of community and field services shall designate two members from the state at large.The secretary shall have final appointment approval of the members designated by the deputy secretary.The committee shall reflect the diversity of community correctional services with respect to geographical location and average daily population of offenders under supervision. (3) Each member shall be appointed for a term of three years and such terms shall be staggered as determined by the secretary. Members shall be eligible for reappointment. (4) The committee, in collaboration with the deputy secretary of community and field services or the deputy secretary's designee, shall routinely examine and report to the secretary on the following issues: (A) Efficiencies in the delivery of field supervision services; (B) effectiveness and enhancement of existing interventions; (C) identification of new interventions; and (D) statewide performance indicators. (5) The committee's report concerning enhanced or new interventions shall address: (A) Goals and measurable objectives; (B) projected costs; (C) the impact on public safety; and (D) the evaluation process. (6) The committee shall submit its report to the secretary annually on or before July 15 in order for the enhanced or new interventions to be considered for inclusion within the department of corrections budget request for community correctional services or in the department's enhanced services budget request for the subsequent fiscal year. History: L. 1978, ch. 364, §2; L. 1980, ch. 288, § 1; L. 1982, ch. 182, § 144; L. 1989, ch. 92, § 31; L. 1997, ch. 179, §6; L. 1998, ch. 153, § 1; L. 2000, ch. 182, § 11; L.2002, ch. 177, §2; L. 2003, ch. 135, §8; L. 2004, ch. 160, § 1; L.2006, ch. 172, §2; L.2008, ch. 116, §2; L. 2009,ch. 132, § 15; L. 2011, ch. 105, § 33; July 1. 75-5292. Same; qualifications; powers of county commissioners preserved; cooperative agreements. (a)Subject to the other provisions of the community corrections act, each county may qualify to receive grants under such act by complying with the provisions of K.S.A. 75-52,110, and amendments thereto. 5 (b) Subject to the requirements of centralized administration and control of correctional services under K.S.A. 75-52,110, and amendments thereto, and the provisions of agreements between cooperating counties under subsection (c),the respective boards of county commissioners shall retain all authority for the expenditure of moneys, including grants received under such act, and for the implementation and oversight of the operations under the comprehensive plan approved by the secretary of corrections. The comprehensive plan shall be reviewed and approved by the board of county commissioners of each county to which the plan pertains prior to submission to the secretary of corrections for approval. (c) The boards of county commissioners of all counties cooperating together to establish a corrections advisory board and to adopt a comprehensive plan pursuant to such act may enter into cooperative agreements to qualify their respective counties for grants under such act. Such counties shall cooperate and enter into such agreements for all purposes of such act in the manner prescribed by K.S.A. 12-2901 through 12-2907 and amendments thereto, to the extent that those statutes do not conflict with the provisions of such act. History: L. 1978, ch. 364, §3; L. 1989, ch. 92, §6; L.2004, ch. 160, §2;July 1. 75-5293. Payment for expenses of corrections advisory board of county or group of cooperating counties without an approved plan. In order to assist a county or group of cooperating counties which has established a corrections advisory board but which does not have a comprehensive plan which has been approved by the secretary of corrections and which requires financial aid to defray all or part of the expenses incurred by corrections advisory board members in discharging their official duties pursuant to K.S.A. 75-5299 and amendments thereto, the secretary of corrections, upon receipt of resolutions by the board or boards of county commissioners, or the administrative authority established by cooperating counties, certifying the need for and inability to pay such expenses, may pay quarterly to the county or counties an amount determined by the secretary. History: L. 1978, ch. 364, §4; L. 1989, ch. 92, §7; L. 1993, ch. 197, § 1; L.2007, ch. 197, § 6; July 1. 75-5294. Assistance to counties and advisory boards by secretary of corrections; administration of act; rules and regulations. (a) In accordance with K.S.A. 77-415 et seq.,and amendments thereto,the secretary of corrections shall adopt rules and regulations necessary for the implementation and administration of this act and as prescribed by this act. The secretary of corrections shall provide consultation and technical assistance to counties and corrections advisory boards to aid them in the development of comprehensive plans under this act. (b) This act shall be administered by the secretary of corrections or by officers and employees of the department of corrections designated by the secretary to the extent that authority to do so is delegated by the secretary, except that the authority to adopt rules and regulations under this act shall not be delegated. History: L. 1978, ch. 364, §5; April 20, 75-5295. Powers of counties or groups of counties under act. For the purposes of this act and to provide for the correctional services described in K.S.A. 75-5291 and amendments thereto, a county or group of cooperating counties, through their boards of county commissioners, or administrative bodies established by cooperating counties, may: (a) Acquire by any lawful means, including purchase, lease or transfer of custodial control, the lands, buildings and equipment necessary and incidental to such purposes; (b) enter into contracts,which are necessary and incidental to such purposes; (c) determine and establish the administrative structure best suited to the efficient administration and delivery of such correctional services; (d) employ a director and such other officers, employees, and agents as deemed necessary to carry out the provisions of this act; 6 (e) make grants in accordance with the comprehensive plan of funds provided by grant payments under K.S.A. 75- 52,105 and amendments thereto to corporations organized not for profit,for development, operation and improvement of such correctional services; and (f) use unexpended funds, accept gifts, grants and subsidies from any lawful source,and apply for, accept and expend federal funds. History: L. 1978, ch, 364, §6; L. 1989,ch. 92, § 8;Jan. 1, 1990. 75-5296. Comprehensive plans for correctional services, approval prerequisite for grants;additional requirements; operating standards; annual review; suspension of grants, procedure. (a) Except as provided in K.S.A. 75-5293 and amendments thereto, no county shall be qualified to receive grants under this act unless and until the comprehensive plan for such county, or the group of counties with which such county is cooperating, is approved by the secretary of corrections. (b) The secretary of corrections shall adopt rules and regulations establishing additional requirements for receipt of grants under this act, standards for the operation of the correctional services described in K.S.A. 75-5291 and amendments thereto and standards for performance evaluation of the correctional services described in K.S.A.75-5291 and amendments thereto. In order to remain eligible for grants the county or group of cooperating counties shall substantially comply with the operating standards established by the secretary of corrections. (c) The secretary of corrections shall review annually the comprehensive plans submitted by a county or group of cooperating counties and the facilities and programs operated under such plans. The secretary of corrections is authorized to examine books, records,facilities and programs for purposes of recommending needed changes or improvements. (d) In reviewing the comprehensive plan or any annual recommendations or revisions thereto, the secretary of corrections shall limit the scope of the review of the corrections advisory board's statement of priorities, needs, budget, policies and procedures, to the determination that such statement does not directly conflict with rules and regulations and operating standards adopted pursuant to subsection(b)and the community corrections act under K.S.A. 75-5290 et seq., and amendments thereto. (e) When the secretary of corrections determines that there are reasonable grounds to believe that a county or group of cooperating counties is not in substantial compliance with the minimum operating standards adopted pursuant to this section, at least 30 days' notice shall be given the county or to each county in the group of cooperating counties and a hearing shall be held in accordance with the provisions of the Kansas administrative procedure act to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. If the secretary of corrections determines at such hearing that there is not substantial compliance or satisfactory progress being made toward compliance,the secretary of corrections may suspend all or a portion of any grant under this act until the required standards of operation have been met. History: L. 1978,ch. 364, §7; L. 1988, ch. 356, § 306; L. 1989, ch. 92, §9;L. 1993, ch. 197, §2; July 1. 75-5297. Corrections advisory boards; membership, qualifications, appointment; alternative membership, qualification and appointment provisions for cooperating counties. (a)Subject to the other provisions of this section, each corrections advisory board established under this act shall consist of at least 12, but not more than 15, members who shall be representative of law enforcement, prosecution,the judiciary, education, corrections, ethnic minorities, the social services and the general public and shall be appointed as follows: (1) The law enforcement representatives shall be: (A)The sheriff or, if two or more counties are cooperating,the sheriff selected by the sheriffs of those counties, or the designee of that sheriff, and (S)the chief of police of the city with the largest population at the time the board is established or, if two or more counties are cooperating, the chief of police selected by the chiefs of police of each city with the largest population in each county at the time the board is established, or the designee of that chief of police, except that for purposes of this paragraph (1)in the case of a county having 7 consolidated law enforcement and not having a sheriff or any chiefs of police, "sheriff means the law enforcement director and "chief of police of the city with the largest population"or"chief of police" means a law enforcement officer, other than the law enforcement director, appointed by the county law enforcement agency for the purposes of this section; (2) the prosecution representative shall be the county or district attorney or, if two or more counties are cooperating, a county or district attorney selected by the county and district attorneys of those counties, or the designee of that county or district attorney; (3) the judiciary representative shall be the chief judge of the district court of the judicial district containing the county or group of counties or, if two or more counties in two or more judicial districts are cooperating,the chief judge of each such judicial district,or a judge of the district court designated by each such chief judge; (4) the education representative shall be an educational professional appointed by the board of county commissioners of the county or, if two or more counties are cooperating, by the boards of county commissioners of those counties; (5) a court services officer designated by the chief judge of the district court of the judicial district containing the county or group of counties or, if counties in two or more judicial districts are cooperating, a court services officer designated by the chief judges of those judicial districts; (6) the board of county commissioners of the county shall appoint or, if two or more counties are cooperating, the boards of county commissioners of those counties shall together appoint at least three, but not more than six, additional members of the corrections advisory board or, if necessary, additional members so that each county which is not otherwise represented on the board is represented by at least one member of such board; and (7) three members of the corrections advisory board shall be appointed by cities located within the county or group of cooperating counties as follows: (A) If there are three or more cities of the first class, the governing body of each of the three cities of the first class having the largest populations shall each appoint one member; (B) if there are two cities of the first class, the governing body of the larger city of the first class shall appoint two members and the governing body of the smaller city of the first class shall appoint one member; (C) if there is only one city of the first class, the governing body of such city shall appoint all three members;and (D)if there are no cities of the first class, the governing body of each of the three cities having the largest populations shall each appoint one member. (b) If possible, of the members appointed by the boards of county commissioners in accordance with subsection (a)(6) and by the governing bodies of cities in accordance with subsection (a)(7), members shall be representative of one or more of the following: (1) Parole officers; (2) public or private social service agencies; (3)ex-offenders; (4)the health care professions; and (5)the general public. (c) At least two members of each corrections advisory board shall be representative of ethnic minorities and no more than 2/3 of the members of each board shall be members of the same sex. (d) In lieu of the provisions of subsections (a)through (c), a group of cooperating counties as provided in subsection (a)(2)of K.S.A. 75-52,110, and amendments thereto, may establish a corrections advisory board which such board's membership shall be determined by such group of counties through cooperative action pursuant to the provisions of K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of this act, except that if two or more counties in two or more judicial districts are cooperating,the chief judge of each such judicial district, or a judge of the district court designated by each such chief judge shall be a member of such board. In determining the membership of the corrections advisory board pursuant to this subsection, such group of counties shall appoint members who are representative of law enforcement, prosecution,the judiciary, education, corrections, ethnic minorities, the social services and the general public.Any corrections advisory board established and the membership determined pursuant to this subsection shall be subject to the approval of the secretary of corrections. History: L. 1978,ch. 364, §8; L. 1984, ch. 112, § 16; L. 1989, ch. 92, § 10; L. 1999, ch. 57, § 69; L. 2009, ch. 31, § 1; July 1. 8 75-5298. Corrections advisory boards; terms; vacancies; officers; open proceedings, rules. (a) Members of a corrections advisory board appointed in accordance with K.S.A. 75-5297 and amendments thereto shall serve for terms of two years from and after the date of their appointment and shall remain in office until their successors are duly appointed. All vacancies in a corrections advisory board shall be filled for the unexpired term in the manner that the position was originally filled. Each corrections advisory board shall elect its own officers. (b) All proceedings of the corrections advisory board and any committee or subcommittee of the board shall be open to the public in accordance with and subject to the provisions of K.S.A. 75-4317 to 75-4320, inclusive, and acts amendatory thereto.All votes of members of the corrections advisory board shall be recorded and shall become matters of public record. (c) The corrections advisory board shall promulgate and implement rules concerning the conduct of proceedings and attendance of members at board meetings. History: L. 1978, ch. 364, §9; L. 1990, ch.323, § 1;April 19. 75-5299. Same;participation in formulating comprehensive plans. Corrections advisory boards established under the provisions of this act shall actively participate in the formulation of the comprehensive plan for the development, implementation and operation of the correctional services described in K.S.A. 75-5291 in the county or group of cooperating counties, and shall make a formal recommendation to the board or boards of county commissioners at least annually concerning the comprehensive plan and its implementation and operation during the ensuing year. History: L. 1978, ch. 364, § 10;April 20. 75-52,100. Purchase of correctional services from state under comprehensive plans; determination of costs, grant deductions.Any comprehensive plan submitted pursuant to this act may include the purchase of selected correctional services from the state by contract, including the temporary detention and confinement of adults convicted of crime. The secretary of corrections shall annually determine the costs of the purchase of services under this section and deduct them from the grant payable to the county or,in the case of cooperating counties,the grants payable to the counties. In no case shall the charges for correctional services under such contract with the state exceed in cost the amount of the grant the county is eligible or, in the case of cooperating counties, the total amount of the grants the counties are eligible to receive under this act. History: L. 1978, ch. 364, § 11; L. 1979,ch. 297, § 1; July 1. 75-52,102. Comprehensive plans for correctional services; requirements; new program proposals. (a)The comprehensive plan submitted to the secretary of corrections for approval shall include those items prescribed by rules and regulations adopted by the secretary,which may require the inclusion of the following: (1) A program for the detention, supervision and treatment of persons under pretrial detention or under commitment; (2) delivery of other correctional services defined in K.S.A. 75-5291 and amendments thereto; and (3) proposals for new facilities, programs and services, which proposals must include a statement of the need, purposes and objectives of the proposal and the administrative structure, staffing pattern, staff training,financing, degree of community involvement and client participation which are planned for the proposal. (b) In addition to the foregoing requirements made by this section, each county or group of counties shall be required to develop and implement a procedure for the review by the corrections advisory board and the board or boards of county commissioners of new program applications and other matters proposed to be included under the comprehensive plan and for the manner in which corrections advisory board action shall be taken thereon. A description of this procedure shall be made available to members of the public upon request. History: L. 1978, ch. 364, § 13; L. 1989, ch. 92, § 11; Jan. 1, 1990. 9 75-52,103. Grants; expenditures for correctional services, determined pursuant to 75-52,111; grant reductions;transfer of grant amounts to other counties. (a) Except as provided in K.S.A. 75-5293 and amendments thereto, each grant under this act shall be expended by the county receiving it for correctional services as described in K.S.A. 75-5291 and amendments thereto in addition to the amount required to be expended by such county under this section. Each calendar year in which a county receives grant payments under K.S.A. 75-52,105 and amendments thereto, the county shall make expenditures for correctional services as described in K.S.A. 75-5291 and amendments thereto from any funds other than from grants under this act in an amount equal to or exceeding the amount of base year corrections expenditures as determined by the secretary of corrections under subsection (b). (b) The secretary of corrections shall audit and determine the amount of the expenditures for correctional services as described in K.S.A. 75-5291 and amendments thereto of each county applying for a grant as provided in K.S.A. 75- 52,111. (c) In any case where a county receiving a grant does not make expenditures for correctional services from funds other than from grants under this act as required by this section,the grant to such county for the next ensuing calendar year shall be reduced by an amount equal to the amount by which such county failed to make such required amount of expenditures. (d) The secretary of corrections may provide, by rules and regulations, procedures for the following, as determined by the secretary to further the purposes of this act: (1) The transfer, to one or more other counties, of any portion of a county's annual grant which is not included in such county's program budget for the current program year; and (2) the transfer, to one or more other counties, of any portion of a county's annual grant which remains unused at the end of such county's program year and is not included in such county's program budget for the ensuing program year. (e) Except as otherwise provided pursuant to subsection(d), if a county does not expend the full amount of the grant received for any one year under the provisions of this act,the county shall retain the unexpended amount of the grant for expenditure for correctional services as described in K.S.A. 75-5291 and amendments thereto during any ensuing calendar year.The secretary of corrections shall reduce the grant for the ensuing calendar year by an amount equal to the amount of the previous year's grant which was not expended and was retained by the county, unless the secretary finds that the amount so retained is needed for and will be expended during the ensuing calendar year for expenditures under the applicable comprehensive plan. History: L. 1978, ch. 364, § 14; L. 1979, ch. 297, §2; L. 1988, ch. 349, §2; L. 1989, ch. 92, § 12; Jan. 1, 1990. 75-52,105. Semiannual grant payments; certified expenditure statements by counties. (a)Upon compliance by a county or group of counties with the requirements for receipt of the grants authorized by the community corrections act and approval of the comprehensive plan by the secretary of corrections,the secretary of corrections shall determine the amount of the annual grant to each such county and, commencing on the next ensuing January 1 or July 1 after approval of the comprehensive plan, shall proceed to pay such grant in equal semiannual payments in accordance with and subject to such act, applicable rules and regulations, and the provisions of appropriations acts. (b) On a quarterly basis, each county receiving semiannual grant payments under such act shall submit to the secretary of corrections certified statements detailing the amounts expended and costs incurred for the correctional services described in K.S.A. 75-5291, and amendments thereto. Upon receipt of such certified statements,the secretary of corrections shall determine whether each such county is in compliance with the expenditure and operation standards prescribed under such act for such services and shall determine the semiannual payment amount each such county is entitled to receive after making any adjustments for reductions or charges as required by or in accordance with such act and applicable rules and regulations. 10 (c) Semiannual grant payments for counties entitled thereto under such act shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of corrections or by a person or persons designated by the secretary of corrections to the county treasurers of such counties. History: L. 1978, ch. 364, § 16; L. 1992, ch. 189, § 1; L. 2004, ch. 160, §3;July 1, 75-52,107. State and county purchase of correctional services from grant-receiving counties. (a)The secretary of corrections may contract for any correctional services described in K.S.A. 75-5291 and amendments thereto from any county or group of cooperating counties which are receiving grants under this act, including services for inmates classified minimum security or less. (b) Any county may contract for any correctional services described in K.S.A.75-5291 and amendments thereto from any county or group of cooperating counties which are receiving grants under this act, regardless of whether such county or group of counties is in the same judicial district as the county contracting for such services. History: L. 1978,ch. 364, § 18; L. 1988, ch. 349, §3; L. 1990, ch. 323, §2;April 19. 75-52,110. Required participation by counties in community corrections, options; chief judge, recommendations. (a) Before July 1, 1990, each county in this state, based on the recommendation from the chief judge of the judicial district in which each such county is located as provided in subsection (b),shall have: (1) Established a corrections advisory board in accordance with K.S.A.75-5297 and amendments thereto and adopted a comprehensive plan for the development, implementation, operation and improvement of the correctional services described in K.S.A. 75-5291 and amendments thereto which has been approved by the secretary of corrections and which, in addition to such matters as are prescribed by rules and regulations of the secretary of corrections, provides for centralized administration and control of the correctional services under such plan; (2) entered into an agreement with a group of cooperating counties to establish a regional or multi-county community correctional services program; established a corrections advisory board in accordance with K.S.A. 75-5297 and amendments thereto; and adopted a comprehensive plan for the development,implementation, operation and improvement of the correctional services described in K.S.A. 75-5291 and amendments thereto which has been approved by the secretary of corrections and which, in addition to such matters as are prescribed by rules and regulations of the secretary of corrections, provides for centralized administration and control of the correctional services under such plan. Such group of counties may comply with the provisions of this subsection through cooperative action pursuant to the provisions of K.S.A. 12-2901 through 12-2907 and amendments thereto,to the extent that those statutes do not conflict with the provisions of this act;or (3) contracted for correctional services described in K.S.A. 75-5291 and amendments thereto from any county or group of cooperating counties, as provided in K.S.A. 75-52,107 and amendments thereto,which are receiving grants under this act. (b) Before September 15, 1989, the chief judge in each judicial district shall make a recommendation to the board of county commissioners in each county in such judicial district which has not established a program to provide for the correctional services described in K.S.A. 75-5291 and amendments thereto, as to which option provided in subsection (a) each such county in such judicial district should choose to comply with the provisions of this act. History: L. 1989, ch. 92, § 1; L. 1999, ch. 57, § 70; July 1. 75-52,111. Community corrections grants; determination of grant amounts; reductions. (a)On or before each July 1,the secretary of corrections shall determine annually the amount of the grant for the ensuing fiscal year for each county or group of counties which has qualified to receive grants as provided in this section. (b) The secretary of corrections shall award grants to a county or a group of counties for community correctional services from funds appropriated for that purpose in an amount determined by the secretary.The determination of the 11 grant amount by the secretary shall be based on the following criteria:Staffing levels justified by active cases under supervision; administrative costs; funded contracts for services remaining unused for an unreasonable period of time; any unreasonable indirect costs; client numbers; caseload projections;travel costs;contracted services'costs; shrinkage factors; vacancy savings;turnover rates; and the comprehensive community corrections plan submitted to the secretary meeting the provisions of K.S.A. 75-5290, and amendments thereto.The secretary may reduce a grant to a county or group of counties as provided by K.S.A.75-52,105,and amendments thereto, or due to changes in the availability of funds. History: L. 1989, ch. 92, § 15; L. 1990, ch. 324, § 1; L. 1993, ch. 197, § 3; L. 2007, ch. 197, §7; July 1. 75-52,112. Community correction grants; goals; county priority; proposal requirements; implementation time-lines; evaluation, continued funding; secretary's report. (a)As used in this section, "supervision success rate" means the percentage of those persons under supervision in a community corrections program whose supervision is not revoked and remanded to the custody of the department of corrections for imprisonment. (b) On and after July 1, 2011, subject to the provision of appropriation acts, the secretary of corrections shall develop and implement a grant program with the goal of increasing public safety, reducing the risk of offenders on community supervision and achieving and maintaining a supervision success rate of at least 75% or improving such rate by at least 3%from the previous year. (c) Any county or counties operating community correctional services may apply for the grant.The program shall give priority to a county or counties in which the supervision success rate for offenders on community supervision is significantly lower than the statewide average, which target a higher supervision success rate than the required supervision success rate of 75% or 3%annual supervision success rate improvement or which target the successful reentry of offenders who are considered medium or high risk for revocation. (d) The secretary shall adopt grant requirements in accordance with this section. Proposals for grants under this program shall include, but not be limited to, provisions to: (1) Target offenders at medium and high risk for revocation utilizing risk assessment instruments approved by the secretary; (2) reduce and specialize caseloads for community corrections officers; (3) provide the offenders with the needed supervision and services to improve such offenders'opportunity to successfully complete community correctional services programs, resulting in a reduction in revocations to prison. Such services may include, but not be limited to, employment training and placement, educational assistance, transportation and housing. Such services shall be evidence-based and address offenders'criminogenic risks, needs and responsivity characteristics; (4) use an intermediate sanctions community supervision model; (5) provide staff training and skill development for community corrections officers in risk reduction and intervention. Such training and development shall be approved and certified by the secretary; (6) utilize treatment options, including substance abuse treatment, mental health treatment, and cognitive and behavioral programs for offenders. For identified need areas, approved assessment and evaluation instruments should be utilized to ensure offender placement into appropriate levels of treatment and intervention; (7) use gang intervention strategies; (8) address safety concerns of the community; (9) implement a method of tracking and reporting revocations; 12 (10) establish a goal of reducing the number of offenders, by a specified percentage,whose supervision is revoked and the offender sentenced to prison by providing a plan to: (A)Achieve and maintain a supervision success rate of at least 75%or improve such rate by at least 3%from the previous year; or(B)target the successful reentry of offenders who are considered medium or high risk for revocation; (11) develop a specific accountability system for monitoring,tracking and utilizing the grant funds and to evaluate the effectiveness of the grant funds; and (12) develop a consistent set of policies that will guide judges and community corrections officers in the supervision and revocation of offenders on community corrections supervision. (e) The department of corrections shall establish a date for achieving goals based upon implementation time-lines and goals specific to each grant,which may include an overall reduction or a reduction for a specifically targeted population. (f) The department of corrections shall evaluate the programs which received a grant using a research-based process evaluation targeting the critical components of effective programs to ensure that the program is being delivered as such program was designed. Continued funding shall be contingent on the program meeting the established goals. (g) The secretary shall prepare a report which states the number of programs receiving grants pursuant to this section, specifically identifying each program,summarizing the provisions of each program and the success of the program in reducing revocations. Such report shall be delivered to the governor, the secretary of the senate, the chief clerk of the house of representatives and the Kansas reentry policy council on or before the first day of the regular legislative session each year in which the grant program is funded. History: L.2007, ch. 197, § 1; L. 2011, ch. 100, § 15;July 1. 75-52,113. Community corrections supervision fund. There is hereby created in the state treasury the community corrections supervision fund.All moneys credited to the community corrections supervision fund shall be used for grants for community correctional services in accordance with K.S.A. 75-52,111, and amendments thereto,to implement the provisions of this act. All expenditures from the community corrections supervision fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of corrections or the secretary's designee. 13 ACGPREP® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/01/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. 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