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October 13, 2005, 12:00 PM
City County Building, Room 260
Indianapolis, IN  46204

BOARD MEMBERS PRESENT:  Dave Cook, Advisory Board Chairman; Judge Robert Altice; Leonard Simpson; Jerry McCory, proxy for Mayor Bart Peterson; David Wyser, proxy for Prosecutor Carl Brizzi; Leslie Duvall; Gary Tingle, proxy for Sheriff Frank Anderson; Steve Garner, proxy for Dr. Eugene White; Rondle Brewer; D. Michael Wallman; Judge Marilyn Moores; Judge William Nelson; Carol Hofferth, proxy for Dan Carmin;

BOARD MEMBERS ABSENT:  Susie Davie; Councillor Patrice Abduallah; John von Arx; 

OTHERS PRESENT:  Brian Barton, MCCC; Tiffany Clark, MCCC; Faith George, MCCC; Bill Dishman, MCCC; Chuck Eid, MCCC; Tara Allen, MCCC; Ashley Black, MCCC; Christy Smeehuyzen, MCCC; Mark Smith, MCCC; Marvin Royston, MCCC; Stephanie Roth, Office of Corporate Council; Cathy Wolter, Office of Corporate Council; Bill Spencer, Vertical Properties; Kevin Riley, Marion County Probation; Dixie Wray, WPNA; Johnie Underwood, PACE/OHR; Tim Campbell, VOA; Steve Runyan, VOA;

With a quorum present, Advisory Board Chairman Dave Cook called the meeting to order at 12:00 PM.

Advisory Board Chairman Dave Cook asked for a motion to waive the 72-hour rule.

The motion was moved and seconded the 72-hour rule was Board approved.
 

APPROVAL OF BOARD MINUTES

Advisory Board Chairman Dave Cook asked for a motion to approve the Board minutes from the September 22, 2005 Board Meeting.

The motion was moved and seconded and the September 22, 2005 Board minutes were Board approved.
 

APPROVAL OF THE WORK RELEASE CENTER LEASE

Advisory Board Chairman Dave Cook recognized Brian Barton as he discussed the work release center lease.  Overcrowding in the jail system has caused Marion County to turn to the Community Corrections program for assistance in providing additional home detention and work release beds.  Marion County Community Corrections (MCCC) has historically contracted for these types of services with local vendors, including Riverside Community Corrections and Volunteers of America.  In order to provide the increased capacity, the County contracted with Community Education Centers (CEC) for one hundred and fifty-three (153) new work release beds.  However, CEC cancelled their contract citing financial hardships, and specifically expenses associated with housing pretrial offenders.  While the relationship with the remaining vendors justifies continuing with the contracting program for some offenders, it is apparent that using outside vendors exclusively does not provide the County with the control and cost savings that are possible with a county operated facility.  As a result, MCCC proposes that Marion County enter into a lease agreement with Vertical Properties for a facility with the capacity to accommodate three hundred and fifty (350) male offenders.  Funding for the MCCC work release facility would come from state grant funds, the County general funds, fees collected from the offenders housed in the work release center in addition to monies from offender phones, vending and laundry machines. 

Questions and answers ensued regarding the work release center lease.  Board member Judge Moores indicated that additional wording was needed in regards to page 10, item 16, paragraph item, Indemnification.  Judge Moores suggested that the wording be revised to reflect “reasonable fees of attorneys, investigators and experts”. 

Advisory Board Chairman Dave Cook asked if anyone representing the general public would like to speak regarding the work release center lease.  There was no response. 

Advisory Board Chairman Dave Cook asked for a motion to approve the work release center lease to include the additional wording as suggested by Judge Moores.

The motion was moved and seconded and the work release center lease between Marion County and Vertical Properties to include the revised wording to page 10, item 16, paragraph item, Indemnification, “reasonable fees of attorneys, investigators and experts” was Board approved.
 

APPROVAL OF THE PRO TECH CONTRACT ADDENDUM

Advisory Board Chairman Dave Cook recognized Bill Dishman as he discussed the Pro Tech contract addendum.   Pro Tech provides MCCC with global positioning satellite monitoring with remote tracking services and support services on an as needed basis for eligible offenders.  MCCC proposes the future leasing of GPS equipment be acquired through Western State Contracting Alliance (WSCA) to realize a cost savings to the County of $1.45 per unit, $9.90 per unit per day to $8.45 per unit per day.  The yearly cost savings to the County based upon MCCC’s current usage is estimated to be $82,000.

Questions and answers ensued regarding the Pro Tech contract addendum.

Advisory Board Chairman Dave Cook asked for a motion to approve the Pro Tech contract addendum and the utilization of Western State Contracting Alliance. 

The motion was moved and seconded and the Pro Tech Contract addendum and the utilization of Western State Contracting Alliance for future GPS equipment leasing was Board approved.
 

DEPARTMENT OF CORRECTION FUNDING OF MARION COUNTY

Advisory Board Chairman Dave Cook recognized Brian Barton as he discussed the Department of Correction (DOC) funding of Marion County.   DOC has frozen funding to Marion County at the fiscal year 2004-2005 level.  The only increased supported by DOC is a three percent (3%) increase for personnel.  Marion County’s budget request for fiscal year 2005-2006 included fifty (50) work release beds at a cost of $346,750, three (3) forensic diversion positions at a cost of $126,000, a prison ride program at a cost of $5,000 and capital expenses of $141,328.  DOC informed MCCC it would not receive funding for these requests.  However, DOC will fund the GPS supervision of sex offenders on parole and the juvenile reentry program, programs which DOC requested.  DOC officials defend their decision to freeze funding to Marion County stating that programs must be evidence based and prove their effectiveness.  Until these standards are in place DOC has decided no funding will be distributed this fiscal year.  Marion County is doing “best practices” and has since MCCC’s initiative of the 2003 seminar by Dr. ED Latessa.  In addition, Marion County has been using the LSI-R assessment tool since 2003 as well as “cognitive based” treatment programs.  Marion County requires all contractors to provide cognitive base programs and has implemented a rewards program in work release and home detention.  Marion County’s effectiveness has been tracked since fiscal year 1999-2000.  MCCC questions DOC’s disparity of funding between Marion County and Lake County.  Marion County has a population of 863,251 with 3,501 offender commitments to DOC while Lake County’s population is 487,476 with 326 offender commitments to DOC.  DOC funding of Marion County is $2,163,874.  DOC funding of Lake County is 1,505,740.

Advisory Board Chairman Dave Cook stated that Marion County implemented cognitive programming at the suggestion of DOC for future funding consideration in 2003 with the presentation by Dr. Ed Latessa and that he is somewhat puzzled as to DOC’s suggestion that Marion County lacks in the area of cognitive programming. 

Advisory Board Chairman Dave Cook recognized Board Member Judge Altice.  Judge Altice continued the discussion indicating his disappointment of DOC’s decision not to fund work release beds.  Judge Altice informed the Board that many offenders from his court are sentenced to work release but have to wait two (2) months or more for a bed to become available.  As a result of this waiting period, they are redirected to home detention which is not always the best solution for these individuals or they must be sentenced to DOC.  

Advisory Board Chairman Dave Cook recognized Board Member Judge William Nelson.  Judge Nelson stated his concern with the lack of DOC funding of Marion County by stating that it is deplorable that Marion County meets DOC’s criteria and can not obtain funding for necessary items such as the legislative mandated forensic diversion program and work release beds.  In addition, Judge Nelson indicated to the Board the importance of misdemeanor judges relying on the Marion County Jail and community corrections when sentencing offenders since DOC is not an option.  Judge Nelson suggested that DOC should reprioritize the urgency of the programs they have chosen to fund and follow the Advisory Board's direction as to the needs of Marion County. 

Advisory Board Chairman Dave Cook recognized Board Member Judge Marilyn Moores.  Judge Moores apologized to the Board for any misconceptions that the DOC juvenile funded program was of more importance than other Board approved programs.  She indicated that she is thrilled to receive the funds for a much needed juvenile program but questions DOC’s reasoning which ignores the Board’s efforts of globally assessing the needs of Marion County.

Questions and answers ensued regarding DOC funding of Marion County.

Advisory Board Chairman Dave Cook directed Brian Barton to prepare a letter to DOC officials requesting a meeting to discuss the funding of Marion County.  
  
NEW BUSINESS

Advisory Board Chairman Dave Cook recognized Brian Barton has he introduced new Board Member Dixie Wray. 

There being no further business before the Board, the meeting was adjourned at 1:00 PM.