FY2022.FPIP.FUNDINGAGREEMENT.PDF

Arizona Supreme Court
Administrative Office of the Courts
FUNDING AGREEMENT FOR
FELONY PRE-TRIAL INTERVENTION PROGRAM
Maricopa County Attorney’s Office
Fiscal Year 2022
July 1, 2021 – June 30, 2022
This Agreement is entered into by and between the Administrative Office of the Courts, herein
referred to as the “AOC,” on behalf of the Arizona Supreme Court, and the Maricopa County
Attorney’s Office, “Grantee.”
RECITAL
$250,000 being passed through the AOC to the Maricopa County Attorney’s Office for a “felony
pretrial intervention program.”
HB 2695, Section 144. Administrative Office of the Courts; appropriation; felon pretrial
intervention program; fiscal year 2016-2017.
The sum of $250,000 is appropriated from the health services lottery monies fund established by
section 36-108.01, Arizona Revised Statutes, in fiscal year 2016-2017 to the Administrative Office
of the Courts for distribution to a county attorney's office in a county with a population of more than
three million persons according to the 2010 United States decennial census for the administration of
a felony pretrial intervention program.
This Agreement, with the attached and incorporated Exhibit A, establishes the terms and conditions
for the allocation of AOC grant funds to the Grantee.
TERMS AND CONDITIONS
1. Terms of Agreement
This Agreement becomes effective upon execution, and shall remain in effect through June 30, 2022.
The Grantee agrees to abide by all provisions of the $250,000 being passed through the AOC to the
Maricopa County Attorney’s Office for a “felony pretrial intervention program.”
2. Modification and Termination
This Agreement may be modified or terminated by the AOC if in its judgment such action is
necessary due to: (a) funding availability; (b) statutory changes in the program; (c) the Grantee’s
failure to implement or operate the approved plan; (d) the Grantee’s non-compliance with this
Agreement.
Any modifications to the Plan, Addenda, or Funding Agreement must be approved in writing by the
AOC.

3. Fund Accounting
Funds distributed to the Grantee shall be deposited in a Special Revenue Fund established for the
execution of this Agreement pursuant to Section III(B) of the Auditor General’s Uniform
Accounting Manual for Arizona Counties.
4. Expenditures
a. Reporting Requirements.
The Grantee agrees to submit periodic financial and performance reports as required by the AOC.
The Grantee shall submit performance and financial status reports in accordance with the following
schedule:
Report Report Period Due Date
Closing Report July 1, 2021 to June 30, 2022 August 8, 2022
In the event reports are not received on or before prescribed dates, funding will be suspended
until such time as delinquent reports are received.
b. Unexpended Funds.
Funds unencumbered as of June 30, 2022, and unexpended, shall be transmitted to the AOC no later
than August 8, 2022. The Grantee agrees to expend all encumbered funds within sixty (60) days of
expiration of this grant, and all goods and/or services must be received by the Grantee within sixty
(60) days expiration of this grant. The reversion shall be accompanied by a closing financial
statement signed by the Maricopa County Attorney.
c. Inappropriate Expenditures.
The Grantee shall expend funds only for the purposes and uses specified in the approved plan and
budget. The Grantee agrees to reimburse the AOC for any unauthorized or inappropriate
expenditures which are not in compliance with the approved plan and budget, this Agreement, and
A.R.S. §41-2405(B)(6).
d. Budget Modifications.
Funds shall not be moved to or from any budget category without prior written approval from the
AOC. All budget modifications shall be in accordance with the AOC Budget Modification Policy.
e. Termination of Funding.
In the event that this Agreement is terminated prior to June 30, 2022, all unexpended funds in the
possession of the Grantee shall be returned to the AOC within thirty (30) days of such termination,
along with, but not limited to: (1) a closing financial statement; (2) a final report outlining the
program achievements; and (3) an inventory, including serial numbers, of all equipment purchases
with grant funds. If termination is due to failure of the Grantee to comply with this agreement, the
AOC may require return of equipment and supplies purchased with grant funds.
5. Limitation on Expenditures
It is expressly agreed upon by the AOC and the Grantee that funds distributed pursuant to this
Agreement are to be expended to provide direct services in accordance with the approved Plan, the
requisite Addenda to the Plan (if available) and Funding Agreement. It is further expressly agreed
upon by the AOC and the Grantee that funds distributed pursuant to this Agreement are not to be
expended for any indirect costs that may be incurred by the Grantee for administering these funds.
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This includes, but is not limited to, cost for services such as accounting, payroll, data processing,
purchasing, personnel, and building use which may have been incurred by the Grantee to administer
these funds.
6. Use, Loss and Disposition of Equipment
Equipment is a restricted category. Express written approval from the AOC is required for the
purchase of equipment. Equipment must be used as required in the approved Plan for at least five
(5) years, unless written permission is given by the AOC. After this time, the equipment may be
transferred upon approval of the presiding judge. The Grantee is responsible for any maintenance,
loss or damage to the equipment and the AOC makes no assurances regarding its repair or
replacement. Equipment which is no longer needed or usable shall be surplus as required by this
Agreement. If no such requirements are included in this Agreement, then local surplus property
procedures may be utilized. Prior approval for the disposition of equipment must be obtained from
the AOC before any action is to be taken.
7. Non-Supplanting
The Grantee agrees that grant funds will not be used to supplant state and local funds that would
otherwise have been available to provide services to felony pretrial intervention programs.
8. Books and Records
a. Financial Records and Examination.
The Grantee shall maintain and shall require its subcontractors to maintain acceptable accounting
systems, records, and documents to properly reflect all funds expended in the performance of the
approved plan. All books, records, and other documents relevant to this Agreement shall be retained
by the Grantee and its subcontractors for no less than five (5) years from the last financial report
submitted to the AOC, or until after the resolution of any audit questions or contract disputes,
whichever is longer. Grantee, state, or federal auditors, as applicable, and any other persons duly
authorized by the AOC shall have full access to, and the right to examine, audit, copy, and make use
of any and all said materials. All subcontracts shall include a provision acknowledging the authority
of the AOC to conduct such audits or examinations.
b. Program Records and Evaluation.
As a condition of receipt of grant funds, the Grantee agrees to maintain and provide to the AOC such
data and statistics as may be required by the AOC for purposes of evaluation. All records and
documents relevant to this Agreement shall be retained by the Grantee and its subcontractors for no
less than five (5) years from the last financial report submitted to the AOC, or until after the
resolution of any audit questions or contract disputes, whichever is longer. Authorized agents of the
AOC shall have full access to, and the right to examine, copy, and make use of, any and all said
materials. The Grantee further agrees that authorized agents of the AOC shall have the right to
conduct on-site visits for purposes of compliance monitoring and program evaluation. All
subcontracts shall include a provision acknowledging the authority of the AOC to conduct such
inspections and evaluations.
9. Performance and Liability
Except as otherwise provided by law, in the performance of this Agreement and the Grantee’s
approved plan, both parties will act in their individual governmental capacities and not as agents,
employees, partners, joint ventures, or associates of each other. The employees, agents, or
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subcontractors of one party shall not be deemed or construed to be the employees or agents of the
other party. Each party agrees to be solely responsible for actions of its employees under this
Agreement.
10. Insurance Requirements
If contractors are used to provide services under this Funding Agreement, contractors shall comply
with all insurance requirements as set forth in the Arizona Department of Administration, Risk
Management Division, Insurance and Indemnification Guidelines for State Contracts.
ARIZONA SUPREME COURT Maricopa County, SIGN County Attorney
Administrative Office of the Courts
Digitally signed by Mike SIGN
Mike Baumstark Baumstark Date: 2021.06.17 13:51:37
By: _______________________________ -07'00' By:
Mike Baumstark, Deputy Director Allister Adel
06/17/2021
Date: Date:
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Funding Agreement For Felony Pre-Trial Intervention Program
C-19-20-056-M-00
MARICOPA COUNTY
BOARD OF SUPERVISORS
BY:
_________________________________
Chairman, Board of Supervisors
Date: ______________________
ATTEST:
________________________________
Clerk of the Board
Date: ______________________
Approved as to form:
________________________________
Deputy County Attorney
Date: ______________________
5

225 W MADISON ST, 6TH FLOOR PH. (602) 506-3411
PHOENIX, AZ 85003 FAX (602) 506-8102
WWW.MARICOPACOUNTYATTORNEY.ORG
Maricopa County Attorney
ALLISTER ADEL
April 15, 2021
Shanda Breed, Adult Probation Services Division Program Manager
Michael Yanez, Finance Department Budget Analyst
Arizona Supreme Court
1501 W. Washington
Phoenix, AZ 85007
RE: Funding Agreement with the Maricopa County Attorney’s Office (MCAO) for the
Felony Pre-Trial Intervention Program (FPIP) – Request for an extension for FY2022
Dear Shanda and Michael:
The Maricopa County Attorney’s Office (MCAO) would like to formally request an extension of
the Funding Agreement for the Felony Pre-Trial Intervention Program (FPIP) which is set to expire
June 30, 2021.
In previous correspondence, the MCAO notified the Administrative Office of the Courts (AOC)
of FPIP concluding on May 18, 2020 as the MCAO established the Felony Diversion Program
(FDP) which combined FPIP and MCAO’s previous drug diversion program through TASC.
Although FPIP ended, the FDP maintained the same eligibility requirements as FPIP. The AOC
permitted MCAO to continue utilizing the FPIP funding for the administration of the FDP and
other “carve-out” diversion programs of the FDP, such as the Serious Mental Illness - Felony
Diversion Program (SMI-FDP) and the Domestic Violence Excessive Response (DVER)
Diversion Program. Below is a brief description of FPIP, FDP, SMI-FDP and DVER, and statistics
of interest. The MCAO used FPIP Funding to support each of these programs from July 1, 2020
through June 30, 2021. Lastly, this report proposes how the MCAO will expend remaining funds
for FY 2022.
FPIP Overview
FPIP began in July 2015 as cognitive-behavioral treatment program (Thinking for a Change; T4C)
for individuals charged with committing Class 4, 5 and 6 felony offenses. Along with other
prescribed eligibility criteria, offenders have a minimal criminal history and are at low risk to
reoffend. The program was available as a post-file charging alternative. Offenders who
successfully completed the program had filed charges dismissed with prejudice to avoid a felony
conviction. Through a community-based contracted provider, SAGE Counseling, offenders

225 W MADISON ST, 6TH FLOOR PH. (602) 506-3411
PHOENIX, AZ 85003 FAX (602) 506-8102
WWW.MARICOPACOUNTYATTORNEY.ORG
Maricopa County Attorney
ALLISTER ADEL
completed an initial assessment to identify individual criminogenic factors that correlate to
criminal behavior.
Thinking for a Change is an integrated, cognitive behavioral change program which incorporates
research from cognitive restructuring theory, social skills development, and the learning and use
of problem-solving skills. T4C is comprised of 25 lessons that build upon each other, so sessions
are delivered in a closed-group setting. The fundamental idea of T4C is that offenders can take
control over their lives by learning new patterns of thinking in three areas: social skills, cognitive
self-change, and problem solving. Providing an understanding of the connection between
thoughts, feelings, and actions, offenders practice skill development, along with completion of
mandatory homework assignments. Practice and role-play during their sessions with peer and
instructor feedback, helps offenders to address conflicts and recognize risk, applying new thinking
and setting goals. As the MCAO approaches its sixth and final year with FPIP, we have maintained
a productive partnership with SAGE Counseling where we have improved program standards and
expectations, certified and trained more SAGE staff in administering the ORAS, and continued to
utilize a standardized MCAO Discharge Report format with identified criminogenic needs and
aftercare plans.
FPIP Statistics: Fiscal Year 2016 (inception of FPIP) to March 31, 2021.
Offender total may differ from program offender completion total due to cases having a start or
completion date occurring in another fiscal year.
• Total Program Offenders: 1813
• Total Successful Program Offenders: 1065
• Total Unsuccessful Program Offenders: 462
• Total Restitution Paid to Victims: $317709.88
In FY20, MCAO Diversion Strategies Group expanded its definition of recidivism, previously
only calculated by evidence of new charges submitted to MCAO. As of FY20, MCAO is now
able to calculate recidivism based upon the additional metrics below:
36-month follow-up by jurisdiction, recidivism type and year of completion
FY 2016 FY 2017 FY 2018 Average
(total =49) (total =110) (total=103) (total =262)
Maricopa County New submittal 6.1% 7.3% 4.9% 6.1%
(charges) to MCAO
Re-arrest 16.3% 14.5% 13.6% 14.8%
Arizona New criminal 14.3% 8.2% 13.6% 12%
conviction
Prison sentence 2% 0 2% 1.3%

225 W MADISON ST, 6TH FLOOR PH. (602) 506-3411
PHOENIX, AZ 85003 FAX (602) 506-8102
WWW.MARICOPACOUNTYATTORNEY.ORG
Maricopa County Attorney
ALLISTER ADEL
Felony Diversion Program (FDP)
In preparation and planning for the Felony Diversion Program (FDP), MCAO requested and AOC
granted approval to use the FPIP funds for the FDP to offset indigent costs in March 2020. As
mentioned, on May 18, 2020, MCAO launched the FDP which combined the existing FPIP and
Drug Diversion programs. This is MCAO’s largest diversion program. Once referred, the offender
will be assessed using the ORAS and placed into one of six tracks of treatment. The first four
tracks are directly related to substance abuse criminogenic needs and offenders will be involved
in substance abuse evidenced-based curricula and drug testing. Tracks five and six relate to
criminogenic needs other than substance abuse and requires participation in evidence-based
curricula in cognitive skills development, no drug testing required.
The FDP allows for treatment to be individualized and more robust. In November 2020, MCAO
began offsetting 50% of the costs (providing vouchers to contracted drug laboratory Averhealth)
for drug testing for offenders in Tracks 1-4 with verified AHCCCS coverage. These vouchers
have greatly increased compliance in drug testing for AHCCCS offenders who often failed to test
because they could not afford the testing.
It should also be noted that those offenders who had already been referred to FPIP as of May 18,
2020 could complete their existing program for up to two (2) years from the time of their referral.
As of this date, there is one client left in FPIP.
May 2020-March 2021
Total Enrollments 1581
Number Successful 636
Number Unsuccessful 248
Total Restitution Paid $157,710.84
Not applicable. Normally we track the recidivism rate for a fiscal year cohort
Recidivism of successful program graduates by allow each graduate to complete one full
year in the community. The FDP MCAO new referral rate for FY21 will be
available after June 2022.
FDP Projected FY21
Total Enrollments 2077
Serious Mental Illness-Felony Diversion Program (SMI-FDP)
In August 2019, the MCAO contracted with Southwest Behavioral & Health Services
(SBH), a community-based provider, to deliver a post-file diversion program only for felony
offenders with an SMI designation. This program is called Serious Mental Illness – Felony
Diversion Program (SMI-FDP). Along with other prescribed eligibility criteria, offenders have a

225 W MADISON ST, 6TH FLOOR PH. (602) 506-3411
PHOENIX, AZ 85003 FAX (602) 506-8102
WWW.MARICOPACOUNTYATTORNEY.ORG
Maricopa County Attorney
ALLISTER ADEL
minimal criminal history and are at low risk to reoffend. If applicable to their case, restitution
must be paid in full to earn a successful completion; thus, providing timely financial restoration to
the victim. Overall, SMI-FDP utilizes the evidence-based curriculum Decision Points to address the
behavioral health and criminogenic needs of the offender. Additionally, SBH assists offenders: 1)
In their reconnection to their AHCCCS Clinical Team; 2) By securing emergency shelter/housing
assistance and help with obtaining clothing and food if needed; 3) By helping to navigate through
court processes; 4) To coordinate physical health care and other supportive services as needed; and
5) By emphasizing offender accountability for criminal conduct and reduce recidivism.
August 2019-March 2021
Total Enrollments 51
Number Successful 15
Number Unsuccessful 3
Not applicable. Normally we track the recidivism rate for a fiscal year cohort
Recidivism of successful program graduates by allow each graduate to complete one full
year in the community. The FDP MCAO new referral rate for FY21 will be
available after June 2021.
Restitution Paid – 1 $89.00
offender
Domestic Violence Excessive Response Diversion Program (DVER)
The Maricopa County Attorney’s Office (MCAO) Domestic Violence Excessive Response
Diversion Program (DVER) launched on March 1, 2021. This diversion program is for offenders
whose response to an intimate partner was excessive and when there is a distinct history of
domestic violence against the accused by the partner. The offender will be diverted into a
treatment and education program in lieu of pursuing prosecution. Services offered in DVER will
include an assessment to determine overall risk to reoffend, treatment to explore the context and
use of violence, challenging attitudes and beliefs, and healthy boundaries. DVER will permit the
MCAO to respond more effectively to the needs of adult offenders, by using research-based
curricula to address specific individual criminogenic needs. Diverting these offenders reduces
their contact with the criminal justice system, increases connections to appropriate community-
based systems of care, and holds the individual accountable for criminal conduct. If applicable to
their case, restitution must be paid in full to earn a successful completion; thus, providing timely
financial restoration to the victim.
Funding
The original sum of the Funding Agreement was for $250,000.00, appropriated from ARS § 36-
108.01 in FY17. When FPIP began, expenditures were minimal and extensions to the Funding
Agreement were granted. Over the years, referrals to FPIP greatly increased with many

225 W MADISON ST, 6TH FLOOR PH. (602) 506-3411
PHOENIX, AZ 85003 FAX (602) 506-8102
WWW.MARICOPACOUNTYATTORNEY.ORG
Maricopa County Attorney
ALLISTER ADEL
improvements to the program until new referrals were diverted with the start of the Felony
Diversion Program in May 2020. Currently, unexpended funds total approximately $34000.00.
This fiscal year, the largest expense was for vendor staff training and certification in the DVER
curriculum, a previously AOC approved expense for our evidence-based felony domestic violence
diversion program. This training had been approved for May 2020; however, due to the COVID-
19 pandemic, MCAO worked with the trainers to reschedule training and this was completed in
November 2020.
Given all the above, this request is for the AOC to grant an extension to the Funding Agreement
with MCAO through FY22, ending June 30, 2022.
If you should have any questions, please feel free to contact Diversion Strategies Group Director
Patricia Cordova, at 602-506-5661 or Grant and Contract Administrator Supervisor Antonio
Canisales, at 602-506-0041.
Sincerely,
Patricia Cordova Antonio Canisales