HomeMy WebLinkAboutDocumentation_Regular_Tab 10F_08/09/2001 �' . ° ` r
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Memorandum
TO: Michael Couzzo, Village Manager
FROM: Stephen J. Allison, Chief of Police �-�
Subject: Agenda Item - SHOCAP Agreement
Date: July 30, 2001
Attached for Council approval is a copy of an interagency agreement for the
Serious Habituai Offender Comprehensive Action Program (SHOCAP). This
agreement makes minor changes to the SHOCAP agreement Council approved
at the July 2000 council meeting.
This agreement has been reviewed and approved for legal form and sufficiency
by Mr. Randolph. (Comments attached.)
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TEQUESTA POLICE DEPARTMENT
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�� Post Office Box 3273 -
�. �� ; Tequesta, Florida 33469-0273 - ��
Phone: (561) 575-6210
Fax: (561) 575-6218 Accredited 2000
Stephen J. Allison
Chief of Policc
July 23, 2001
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, P. A.
P. O. Box 3475 '
West Palm Beach, Florida 33402-3475
Dea.r Mr. Randolph:
Attached is a slightly revised Interagency Agreement for the Serious Habitual Offender
Comprehensive Action Progam. There is no change in the five things our department is
agreeing to do. (Page 6) These things are already being done in the normal course of
business. (The last time you reviewed this agreement was in June of 2000.)
Please review this ageement for legal form and suf�iciency. If possible, I need your
opinion on this ma.tter by July 3 l, 2001, in order to meet the agenda submission
requirements for the August 2001 Council meeting.
Sincerely,
,�,�-�.- ��
Stephen J. Allison
Chief of Police
C4PY SENT VIA FAX - July 27, 2001
To�s
FOSTER Flugler Center Tower, Suite 1 100 Mailing Ade/re.sti
J OHNSTON 505 South F►agler Dri��e Post Offic� Box 3�37>
p, �� m�� n A West Palm Beach, Florida 334�� West Palm Bcarh. Fl��r+ci�i ±�-I!)�-_ -l?�
Ol 1 lJl� � 1.t1. Telephone (56l) 659-3000 Facsimile (561) ��?-1-��-�
Attorneys and Counselors
John C. Randolph, Esquire
Direct Dial: (561) 650-0458
E-mail: jrandolph@jones-foster.com
July 26, 2001 VIA ,FAX: 575-6218
Stephen J. Allison, Chief of Police
Tequesta Police Department
Post Office Box 3273
Tequesta, Florida 33469-0273 "
RE: Village of 1 equesta
Interagency Agreement for the Serious Habitual Offender
Comprehensive Action Program
Our File No. 13153.1
Dear Chief Allison:
I have reviewed the above referenced agreement and can approve same as to legal form and
sufficiency.
It seems to me that the agreement should define the meaning of SHOCAP and SHO even though
those abbreviations are evident fr�m the use of same thrpughout the form of the agreement. I am
not requiring such change, but feel the agreement would read better with such an amendment.
As to Tequesta's duties on page 6, at item 4, I would recommend that that item read as follows:
Arrest SHO's, where appropriate• for all violations of law and restrict officer
discretion for diversion.
Please do not hesitate to contact me if you have any comments or questions.
Sincerely,
JONES, FOSTER, JOHNSTON & STLTBBS, P.A.
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John C". Randolph
JCR/ssm '
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 repres�ntatives have signed below:
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WITNESSETH: �.
WHEREAS, the parties desire to enter into thi5 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 a11 obligat�ons 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 AGREE� TO:
1. Serve as a member of the SHOCAP Steering committee and participate in
SHOCAP meetings and committees as appropriate
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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 ap�ropriate, to assist in the sharing of information
necessary to the SHOCAP program.
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4. Notwithstanding anything to the contrary contained her.�in, 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 E�ibit A. °
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THE PALM BEACH COUNTY SHERIFF'S'QFFICE AGREE5 TO:
1. Coordinate the operation and organizatio� development of SHOCAP-Palm Beach
County and assign an employee to coordinate the SHOCAP-Palm Beach County
Pra�'�-
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.
S. 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 a11 violations of law and restrict officer discretion for diversion.
FLORIDA DEPARTMENT OF JUVENII.E 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.
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4. Provide the SHOCAP Coordi�nator with formal rules or terms of probation for
individual SHO's.
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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 Ceordinator of the status of all SHO's
under their supervision.
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7. Refer names and histories of possible S'HO's who are reentering the community
or are new to the community from another state or locale to the SHOCAP
Coordinator.
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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 TM,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 ensure the immediate response of the juvenile justice system.
THE STATE ATTORNEY'S OFFICE 15 JUDICIAL CIRCU�T 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.
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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, 15 JUDICIAL CIIZCUIT AGREES TO:
l. Participate in the SHOCAP- Palm Be�ch County Project by sharing pertinent
information with the SHOCAP Steering Committee about the individual needs of
SHO's such that they may be placed isi appropriate programs. This will be done
within the bounds of attorney-client privilege laws.
THE OFFICE OF THE COURT ADMINISTRATOR AGREES TO:
l. Inform the SHOCAP Steering Committee of cunent and new policies enacted
within the .court system that may affect SHOCAF=i'alm 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 AG�ZEES T0:
1. Cooperate to the e�ent outlined by law with the needs of SHOCAP- Palm Beach
County as they arise in an effort to furtfier 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 SHOCAI�- Pa1m Beach County through the justice planner in
the form of grant writing assistance andlor analysis of current juvenile court
procedures.
4. Provide prevention services to At-Risk siblings of SHO's.
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THE PALM BEACH COUNTY WEED AND SEED PROGRAM AGREES TO:
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1. Provide inter-agencies with pertinent SHD 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 pTOfile information, including status
offenses, family criminal history and other relevant information_
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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.
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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.
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2. Regularly advise the SHOCAP Coordinator of the status of all SHO's under their
supervision. .r
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 a11 violations of law and restrict officer diseretion 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.
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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.
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S. 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.A.P. Steering Committee and Coordinator in writing. All pazties are
bound to this Agreement when fully executed.
l. 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.
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d INTERAGENCY AGREEMENT
AGENCY SIGNATURE SHEET
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 day of ,
2001.
Date
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