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HomeMy WebLinkAboutResolution_55-00/01_08/09/2001• • • RESOLUTION NO. 55 - 00/O1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTER-AGENCY AGREEMENT BETWEEN THE PALM BEACH COUNTY SHERIFF'S OFFICE, THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE, THE STATE ATTORNEY'S OFFICE 15TH JUDICIAL CIRCUIT, THE PUBLIC DEFENDER'S OFFICE 15TH JUDICIAL CIRCUIT, THE OFFICE OF THE COURT ADMINISTRATOR, THE OFFICE OF THE CLERK OF COURTS, THE DIVISION OF YOUTH AFFAIRS FOR PALM BEACH COUNTY, THE FLORIDA DEPARTMENT OF CORRECTIONS, PROBATION, AND PAROLE SERVICES, THE WORK FORCE DEVELOPMENT BOARD, THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, THE SCHOOL DISTRICT OF PALM BEACH COUNTY, AND THE VILLAGE OF TEQUESTA, FOR A SERIOUS HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Inter-Agency Agreement between the Palm Beach County Sheriff's Office, the Florida Department of Juvenile Justice, the State Attorney's Office 15th Judicial Circuit, the Public Defender's Office 15th Judicial Circuit, the Office Of The Court Administrator, the Office of the Clerk of Courts, the Division of Youth Affairs for Palm Beach County, the Florida Department of Corrections, Probation, and Parole Services, the Work Force Development Board, the Department of Children and Family Services, the School District of Palm Beach County, and the Village of Tequesta, for the Serious Habitual Offender Comprehensive Action Program, attached hereto as exhibit "A", is hereby approved and the Village Manager is hereby authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember Basil E. Dalack, who moved its adoption. The motion was seconded by Councilmember Russell J. Von Frank, and upon being put to vote, the vote was as follows: • FOR ADOPTION AGAINST ADOPTION Geraldine A. Genco Joseph N. Capretta Basil E. Dalack Russell J. von Frank The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of August, A.D., 2001. MAYOR OF TEQUESTA Geraldine Genco T: ry Wolcott aye Clerk • • INTERAGENCY AGREEMENT FOR THE SERIOUS HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM THIS AGREEMENT entered into this day of 2001, by and between the following organizations whose authorized representatives have signed below: WITNESSETH: WHEREAS, the parties desire to enter into this Agreement for sharing information on youths involved with the juvenile justice system; and WHEREAS, the parties are committed to working cooperatively to intervene with children already involved in the juvenile justice system; and WHEREAS, the parties to this Agreement desire a maximum degree of long range cooperation and administrative planning in order to provide for the safety and security of the community and its' children; and WHEREAS, all parties are committed to improving services to children in the juvenile justice system through sharing information, eliminating duplication of services, and coordinating efforts; and • WHEREAS, all parties mutually agree that sharing resources and implementing training efforts, where feasible, may result in improved coordination; and WHEREAS, all parties mutually agree that all obligations stated in the Agreement shall be interpreted in light of, and consistent with, any and all governing State and Federal laws. NOW, therefore, in consideration of the following Agreement the parties do hereby agree to the following: EACH OF THE PARTIES AGREES TO: Serve as a member of the SHOCAP Steering committee and participate in SHOCAP meetings and committees as appropriate 2. Promote coordinated effort among agencies and staff to achieve maximum public safety with the goal of reducing violent juvenile crimes. 3. Assign staff, if deemed appropriate, to assist in the sharing of information necessary to the SHOCAP program. • 4. Notwithstanding anything to the contrary contained herein, the parties agree to act in compliance with all applicable federal, state, and local statutes, laws, rules, regulations, and codes. 5. Follow the policies, procedures, and written by-laws established by the SHOCAP Steering Committee. See Exhibit A. THE PALM BEACH COUNTY SHERIFF'S OFFICE AGREES TO: 1. Coordinate the operation and organization development of SHOCAP-Palm Beach County and assign an employee to coordinate the SHOCAP-Palm Beach County program. 2. Provide information, management, and coordination of police resources, including crime analysis and profile development for SHOCAP-Palm Beach County. 3. Utilize established SHO criteria to identify serious habitual juvenile offenders from available sources of information. 4. Act as the central repository for SHO information. • 5. Maintain and distribute SHO case files and rosters to appropriate persons or agencies as needed. 6. Accept primary responsibility for preliminary and follow-up criminal investigations within its jurisdiction. 7. Arrest SHO's for all violations of law and restrict officer discretion for diversion. FLORIDA DEPARTMENT OF JUVENILE JUSTICE, DISTRICT IX AGREES TO: 1. Provide SHOCAP-Palm Beach County with all pertinent information on serious habitual juvenile offenders as allowed by Florida Statutes. 2. Provide copies of predisposition reports and other data as requested. 3. Devise and implement enhanced supervision of SHO's within their control residing in Palm Beach County. 4. Provide the SHOCAP Coordinator with formal rules or terms of probation for individual SHO's. • 2 • 5. Seek appropriate sanctions in those cases where SHO's have violated the terms of their probation, community control, or aftercare supervision. 6. Regularly advise the SHOCAP Program Coordinator of the status of all SHO's under their supervision. 7. Refer names and histories of possible SHO's who are reentering the community or are new to the community from another state or locale to the SHOCAP Coordinator. 8. Provide the SHOCAP Coordinator with SHO profile information, including status offenses, family criminal history, and other relevant information. 9. Give SHO's primary consideration for recommendations of secure custody and long-term treatment. 10. Maintain an active SHO list at the Palm Beach Regional Juvenile Detention Center and the Juvenile Assessment Center to assure appropriate actions when a SHO is arrested. 11. Provide the SHOCAP Program Coordinator with a list of the local SHO population placements and their movements throughout the detention, • commitment and parole phases. 12. Utilize the SHO profile from the SHOCAP Program Coordinator to aid intake decisions regarding detention, placement, treatment, and aftercare. 13. Develop standard operating procedure for the timely exchange of information on SHO's to enswe the immediate response of the juvenile justice system. THE STATE ATTORNEY' S OFFICE 15TH JUDICIAL CII2CUIT AGREES TO: 1. Make every effort to expedite cases involving SHO's through the juvenile justice system. 2. Make every effort to keep SHO's in secure detention pending trial. 3. File petitions on each case amenable to prosecution as applicable by Florida Statutes. 4. Pursue sentencing sanctions appropriate to the crimes committed. 5. Be present at dispositional stages to present case profile information to obtain the . best dispositions. 3 • 6. Direct file on SHO's in adult court where appropriate. 7. Seek adjudication of delinquency for all petitions filed. 8. Confer with at least one of the officers or investigators involved in the case about the intended disposition prior to entering a negotiated plea agreement. THE PUBLIC DEFENDER'S OFFICE, 15TH NDICIAL CIRCUIT AGREES TO: 1. Participate in the SHOCAP- Palm Beach County Project by sharing pertinent information with the SHOCAP Steering Committee about the individual needs of SHO's such that they may be placed in appropriate programs. This will be done within the bounds of attorney-client privilege laws. THE OFFICE OF THE COURT ADMINISTRATOR AGREES TO: 1. Inform the SHOCAP Steering Committee of current and new policies enacted within the .court system that may affect SHOCAP-Palm Beach County. 2. Keep the other judges informed of the goals, objectives, and progress of SHOCAP- Palm Beach County. • 3. Bring requests from the SHOCAP Steering Committee on court policy and procedure to the attention of the judges and facilitate such request as may be appropriate. THE OFFICE OF THE CLERK OF COURTS AGREES TO: 1. Cooperate to the extent outlined by law with the needs of SHOCAP- Palm Beach County as they arise in an effort to further the goals of SHOCAP-Palm Beach County and address the juvenile crime problem. THE DIVISION OF YOUTH AFFAIRS FOR PALM BEACH COUNTY AGREES TO: 1. Serve as liaison between the SHOCAP Steering Committee and the Palm Beach County Board of Commissioners. 2. Keep the County Commissioners informed of the goals, objectives, and progress of SHOCAP- Palm Beach County. 3. Provide support to SHOCAP- Palm Beach County through the justice planner in the form of grant writing assistance and/or analysis of current juvenile court procedures. • 4. Provide prevention services to At-Risk siblings of SHO's. 4 • THE PALM BEACH COUNTY WEED AND SEED PROGRAM AGREES TO: 1. Provide inter-agencies with pertinent SHO information as allowed by existing law. THE FLORIDA DEPARTMENT OF CORRECTIONS, PROBATION AND PAROLE SERVICES AGREES TO: 1. Provide SHOCAP-Palm Beach County with all pertinent information and data on serious habitual juvenile offenders as allowed by Florida Statutes. 2. Case management coordination with the SHOCAP Steering Committee members, court personnel, or other interested parties as allowed by law. 3. Provide the SHOCAP Coordinator with formal rules or terms of probation for individual SHO's. 4. Seek appropriate sanctions in those cases where SHO's have violated the terms of their probation, community control, or aftercare supervision. 5. Provide the SHOCAP Coordinator with SHO profile information, including status • offenses, family criminal history and other relevant information. 6. Give SHO's primary consideration for recommendations of secure custody and long-term treatment. THE WORK FORCE DEVELOPMENT BOARD AGREES TO: 1. Provide inter-agencies with pertinent SHO information as allowed by existing law. 2. Provide updated information regarding new or revised services to the SHOCAP Steering Committee and the SHOCAP case managers. 3. Case management coordination with the SHOCAP Steering Committee members, court personnel, or other interested parties as allowed by law. 4. Other services, which may include recreational and community-based activities, designed to enhance communication, socialization, and cultural enrichment. THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SERVICES AGREES TO: • 1. Provide the SHOCAP Coordinator with all pertinent information on SHO's and their families. 5 • • C7 2. Regularly advise the SHOCAP Coordinator of the status of all SHO's under their supervision. 3. Provide information on Department of Children and Families services being provided to the families of SHO's. 4. Provide updated information regarding new or revised services to the SHOCAP Steering Committee. 5. Coordinate case management activities on shared cases. 6. Provide statistical data on the juvenile cases filed in this county in dependency actions. THE TEQUESTA POLICE DEPARTMENT AGREES TO: 1. Provide the inter-agencies with pertinent SHO information as allowed by law. 2. Conduct preliminary and follow-up investigations regarding SHO's within its jurisdiction. 3. Coordinate with SHOCAP-Palm Beach County members and other law enforcement agencies regarding on-going SHO investigations. 4. Arrest SHO's for all violations of law and restrict officer discretion for diversion. 5. Provide all reports, including field investigative reports, to the SHOCAP Project Coordinator on all incidents surrounding the activities of SHO's within the agency's jurisdiction. THE SCHOOL DISTRICT OF PALM BEACH COUNTY AGREES TO: 1. Exchange pertinent information on SHO's to the SHOCAP Program Coordinator as allowed by existing federal and state law including information on absenteeism, discipline, and results of educational and psychological testing and/or evaluations. 2. Instruct school personnel to immediately report a SHO who is absent from school or missing from class to School District Police. 3. Notify the SHOCAP Program Coordinator of all student code of conduct violations within five school days of such violation (s). 4. Ensure appropriate action is taken when the SHO has a disciplinary problem. 6 • 5. Take into consideration a child's SHO status when determining appropriate school, classroom placement, and teacher assignment. MODIFICATION OF AGREEMENT Modification of this Agreement can be modified by a two-thirds vote of the total voting membership. Any amendment shall follow the goals and objectives of this Agreement and shall include written documentation stating any and all modifications. The modification (s) shall be signed by all parties to the agreement and numbered consecutively. TERM OF AGREEMENT This agreement shall be in effect as of the date the Agreement is signed by the majority of the parties and shall continue in effect until said member agency chooses to disassociate themselves with the S.H.O.C.A.P. Initiative and notifies the S.H.O.C.AP. Steering Committee and Coordinator in writing. All parties are bound to this Agreement when fully executed. Withdrawal. Any party may withdraw from participation in the Agreement upon providing the other parties with at least thirty (30) days written notice of its intent to withdraw. • 2. Termination. This Agreement may be terminated upon written consent of all parties to this Agreement. C7 7 LJ INTERAGENCY AGREEMENT AGENCY SIGNATURE SIIEET We, the undersigned, do hereby agree to the above responsibilities of • • SHOCAP-Palm Beach County and agree to work diligently to solve identified problems in an appropriate and timely manner, this 2001. day of e8~ Z7J 1~0~ " Date 8