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HomeMy WebLinkAboutIR 7316 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7316 September 6, 1988 �* h�4 coRr,,�a To the Mayor and Members of the City Council V a rFY Subject: PROPOSAL FROM TARRANT COUNTY COMMISSIONERS' COURT REGARDING i •!f9 l THE CONTRACT WITH THE PRESBYTERIAN NIGHT SHELTER BACKGROUND In December of 1986. the Presbvterian Night Shelter submitted a proposal to Tarrant Countv that would call for a contract with that agency to house public intoxicants. The purpose of the proposal was to relieve jail overcrowding by having the Shelter serve as an alternative site for retention. A pavment of 98 per person per day was requested with the City paving $6 and the Countv paving $2. After a review by the Citv Attornev's Office and the Police Department, it was determined that there would be problems with complying, with the state law on handling of public intoxicants if the proposal was approved as submitted. One of the major issues was whether the Night Shelter would provide treatment or serve as a holding facility since each use has different standards that must be met. During 1987, several meetings were held with County, Night Shelter, MHMR, Texas Commission on Alcoholism and City representatives in an effort to resolve the legal concerns. In the meantime, the Shelter opened a new facility that . contained space that could be used for a holding area. An agreement was finally reached on how the program would be operated and on February 16, 1988, (M&C C-10803), the Citv Council approved a one-near contract (No. 16345) with Tarrant Countv and the Presbyterian Night Shelter for the care of public intoxicants, effective March 1, 1988 (See Attachments I and II). The contract calls for the Citv to pay the County $6 for each person released by the Police into the care of the Night Shelter. The Countv adds 82 to this amount and pays the Night Shelter $8. TARRANT COUNTY'S PROPOSAL On Tuesday, August 30, 1988, the City Manager received a hand-delivered letter from the Countv Administrator that outlined recommended changes to the Presbyterian Night Shelter contract (See Attachment III). The proposal calls for increasing the pavment to the Night Shelter from $8 to S16 with the City and County splitting the S8 increase. If accepted, the City would pay $10 per detainee and the Countv would pay $6. The proposal also called for reducing the salary of the staff deputies from S10 to $7 per hour. The Commissioners' Court recommended implementing the contract amendments effective September 1, 1988. On August 30, 1988, the Police Department received a letter from the Presbyterian Night Shelter basically stating that the changes outlined in the Countv Administrator's letter would become effective September 1, 1988 (See Attachment IV). ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ---- INFORMAL REPORT TO CITY COUNCIL MEMBERS No.— 7316 - p.2 �Aprfsl,o � foj?r To the Mayor and Members of the City Council September 6, 1988 Proposal from Tarrant County Commissioners' Court Regarding axP Subject: the Contract with the Presbyterian Night Shelter DISCUSSION The rationale for the City's agreement to pay $6 was based on the fact that that is the amount currently being paid to the County as a processing fee under the jail contract when a Fort Worth arrestee is held less than four (4) hours. Since the Night Shelter contract calls for holding individuals only until they are sober, the retention period was not expected to exceed four (4) hours. The $2 fee that the County pays was negotiated directly with the Night Shelter, without City involvement. Likewise, the decision of the Night Shelter to pay security guards $10 per hour did not involve City input. Our only concern was to make sure that the public intoxicants were turned over to a "responsible adult", as required by state law. During the early stages of the discussion with the County and the Night Shelter staff about a holding area, there was a general misunderstanding on their part about the number of public intoxicants the City arrested daily. Their projections ranged from 30-40 and the Police Department's estimate was 10-15. As Attachment V indicates, during the approximate 4-112 months the shelter has been oped, 1206 arrestees have been taken to the Shelter. An additional 188 would have been delivered had the Shelter not been closed. When those two figures are added together, the average daily total would be just over 10, which is within the range originally projected by the Police Department. As the attachment also indicates, several public intoxicants were not taken to the Night Shelter for various reasons - e.g., no provision is made for females, some are violent, some have other charges outstanding, etc.. It is difficult to explain why the figures for August were so much higher than previous months. However, the Police Department indicates that the arrest of public intoxicants is cyclical and there is generally a noticeable increase during inclement weather, either cold or hot. The County jail is contractually obligated to accept "all" City prisoners, including public intoxicants. However, in the spirit of cooperation, the City agreed to take prisoners to the Night Shelter in order to assist the County in reducing its jail population. The one proviso was that there would be no additional cost above and beyond that which is included in the current contract. In addition, we would continue to make our payments directly to the County and not to the Night Shelter. The County would then be in the position of Paying any amount they considered appropriate to the Night Shelter. Although a request has been made for the City to share in the cost of increasing the total payment to the Night Shelter by 100%, it is difficult to find a justification to do so. First of all, although the Night Shelter presented the County with sufficient financial documentation to warrant such an increase, no such information was provided to the City. Secondly, the need for a fee increase is tied directly to the average number of arrestees taken to the Night Shelter daily. There is a great deal of fluctuation in that number and theoretically, the fee should be reduced if, or when, the optimum rl level is reached. Finally, the City's current payment is tied directly to the jail contract. To change that amount for the Night Shelter contract could possibly necessitate a change in the jail contract. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No.— 7316 - p.3 �Ap September 6, 1988 , top?? To the Mayor and Members of the City Council us P x C, Proposal from Tarrant County Commissioners' Court Regarding Subject: the Contract with the Presbyterian Night Shelter CONCLUSIONS It is clear that based uvon previous actions, there is not a strong rationale for the Citv to share in the cost of the additional payment to the Night Shelter. The Countv's most recent proposal would result in the Citv's Payment increasing trom Sb to $10 and the County's increasing trom $2 to Sb It the County makes the decision to increase the per them without additional funds from the Citv, the payment breakdown would be $10 for the County and $6 for the City. Since the reason for the program is to relieve jail overcrowding, this ratio seems to be a more equitable arrangement. The County has recently indicated that it may consider billing the state for holding its prisoners. Thev may want to consider adding the cost associated with operation of the holding area at the Night Shelter to the list. If Citv Council concurs with staff's conclusion, the Citv's position will be communicated to the Tarrant County Commissioners' Court. opw If additional information is desired, it will be supplied upon request. s Harman Douglas City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS City of Fort Worth., Texas Attachment I Mayor and Council Communication DATE REFERENCE SUBJECT: CONTRACT WITH TARRANT COUNTY AND PAGE 2/16188 NUMBER PRESBYTERIAN NIGHT SHELTER FOR CARE OF 2 C- 10803 EFRTAfN INTOXICATED PERSONS I of Recommendation It is recommended that the City Manager be authorized to sign a contract between the City of Fort Worth, Tarrant County, and the Presbyterian Night Shelter for the care of certain authorized persons. Discussion The Fort Worth Police Department currently arrests.' on the average, twenty persons per day for public intoxication. Under the current jail contract between the City and Tarrant County, the County Sheriff' s Department assumes responsibility for these persons while they are incarceratated. . To reduce the jail population, the City, Tarrant County and the Presbyterian Night Shelter have developed a proposed contract which would permit some of these persons to be handled without incarceration through a procedure authorized by the Texas Penal Codes. Section 42.08(b) of the Penal Code provides that in lieu of arresting a person who commits the offense of public intoxication, a peace officer may release the person if: 1) the officer believes detention in a penal facility is unnecessary for the protection of the person. or others; and 2) the person is released to the care of an adult who agrees to assume responsibility for the person. Section 42.08(e) of the Penal Code provides that a peace officer or the political subdivision that employs a peace officer may not be liable for damages caused to persons or property by the actions of a person released under Section 42.08(b) . The proposed contract between the City, Tarrant County and the Presbyterian Night Shelter contains the following provisions: 1) When a person is arrested for public intoxication by the Fort Worth Police Department and the arresting officer determines that the person meets the criteria of Section 42.08(b) , the Night Shelter will provide an adult in its employ who will assume responsibility for the person; 2) Tarrant County will provide registration forms and a computer terminal for the Night Shelter to enter the name of each person who is released into the care of a responsibile adult provided by the Night Shelter; 3) The City will pay the County a fee of $6.00 for each person released by the police into the care of a responsibile adult provided by the Night Shelter; DATE REFERENCE SUBJECT: CONTRACT WITH TARRANT COUNTY AND PAGE 211 NUMBER PRESBYTERIAN NIGHT SHELTER FOR CARE OF 2 er C-10803 A—ZERTA-I-N—I-N10XJ-CkU"ERSON S- 2 4) The County will pay the Night Shelter a fee of $8.00 for each person released by the, police into the care of a responsible adult provided by the Night Shelter as authorized by Section 42.08(b); and 5) The contract shall remain in effect for a term of one year after March 1 , 1988, unless cancelled by either party upon thirty days written notice to the other party. Financing Sufficient funds are available in Fund 01, Account No. 35-54-00. This expenditure will be made from Index Code 270397. BT:wg OW APPROVED BY (;I'I'y COUNCIL .teta)y. of 11-Au VI.IiLL,Tay-QA SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE—BY:-- Bob Terrell E.) APPROVED ORIGINATING F1 OTHER (DESCRIBE) DEPARTMENT HEAD: Thomas Windham CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: B . Terre 11 6143 DATE Attachment 11 CITY SECRETARY .- COMI-MCT THE STATE OF TEXAS § § CONTRACT COUNTY OF TARRANT § This Contract by and between Tarrant County, Texas (Tarrant County) , the City of Fort Worth, Texas (City) and The Presbyterian Night Shelter of Tarrant County, Texas (Presbyterian Night Shelter) : W 1 T N E S S E T H : WHEREAS, under the current jail contract between the City of Fort Worth and Tarrant County, Texas, the Tarrant County sheriff ' s Department handles persons arrested by the Fort Worth Police Department for public intoxication, and assumes responsibility for the care, custody and control of those arrested persons ; and the City of Fort Worth, through the City Supervisor, retains responsi- bility for the probable cause for the detention of each City arrestee placed in the Tarrant County Jail; and WHEREAS, to reduce the ever-increasing jail population, and to utilize viable options in lieu of incarceration, the following • Contract is entered into to allow individuals arrested for public intoxication, under Section 42 .08(b) , Texas Penal Code, to be - released into the care of an adult employed by the Presbyterian Night Shelter of Tarrant County, who agrees to be responsible for the individual; and WHEREAS, the Fort Worth Police Department currently arrests, on the average, twenty (20) individuals per day on the charge of public intoxication, under Section 42 .08, Texas Penal Code; and it is de- sirable that officers making an arrest for public intoxication utilize the option under Section 42 .08 (b) of releasing the arrestee into the care of an adult who shall be responsible for the indi- vidual; and WHEREAS, this Contract contemplates that, after the arresting officer determines that the arrestee meets the criteria of Section 42.08(b) , the arrestee can be taken to the Presbyterian Night Shelter and released into the care of an adult employed there, who will agree to be responsible for him; and after processing the arrestee at the Presbyterian Night Shelter the officer can then be free to return to his regular duty. NOW, THEREFORE, the parties hereto covenant and agree as fol- lows: (a) In consideration of the fees hereinafter set forth, Presbyterian Night Shelter agrees that, when a person is arrested for public intoxication by the Fort Worth Police Department and the arresting officer determines that the arrestee meets the criteria of Section 42.08(b) , Texas Penal Code, it will provide an adult person in its employ who will assume responsibility for the arrestee. (b) The Presbyterian Night Shelter understands and agrees that the provisions of Section 42.08(e) , Texas Penal Code, shall apply with respect to arrestees released by Fort Worth Police Department into the care of a responsible adult who is employed by Presbyterian Night Shelter and that neither the City nor Tarrant County shall be liable for damage to persons or property resulting from any such release. (c) Upon the arrestee 's having been released into the care of a responsible adult who is employed by Presbyterian Night Shelter, the City and Tarrant County shall have no further responsibility for the care or custody of any such arrestee, provided, however, if further arrest is required while any such person is in the care of such a responsible adult who is employed by Presbyterian Night Shelter, such arrest may be made by either Fort Worth Police Department or the Tarrant County Sheriff ' s Department if they find a sufficient legal basis for an arrest. (d) Tarrant County will provide Presbyterian Night Shelter a registration form similar to that used in the Tarrant County Jail for purposes of this Contract, and a computer terminal to enter the names of registered persons. For a period of two (2) years, Presbyterian Night Shelter will maintain a register of each arrestee released into the care of a responsible adult who is employed by Presbyterian Night Shelter. (a) A fee of six dollars ($6.00) per arrestee shall be paid by the City to Tarrant County as a processing fee for each arrestee released by the Fort Worth Polite Department into the care of a responsible adult who, is employed by Presbyterian Night Shelter, pursuant to Section 42 .08, Texas Penal Code. (b) A fee of eight dollars ($8.00) per arrestee shall be paid by Tarrant County to the Presbyterian Night Shelter for each arrestee released by the Fort Worth Police Department to a respon- sible adult who is employed by the Presbyterian Night Shelter, pur- suant to Section 42 .08, Texas Penal Code. III. (a) This Contract shall remain in effect for the period from OP'► March 1, 1988, through February 28, 1989, unless sooner cancelled by -2- any party upon thirty (3U) days ' written notice to the other parties. (b) This Contract shall in no way be considered as a modifica- tion or renegotiation of the existing contract for the operation of the Fort Worth-Tarrant County Jail. IN WITNESS WHEREOF, witness our hands on this, the day of 1988. PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, a Texas Nonprofit Corporation By:_!Q Title: � l ley Date: CITY OF FORT WORTH, TEXAS: By., ,04t. City Manage t Date: C)_q lqaok C o� ATTEST: 5,3 �,7WOCity Secretary Contract AatIl-01 APPROVED AS TO FO D LEGALITY: -Date City Attorney Date: TARRANT COUNTY, TEXAS: By: ./ Title: //Ak//-Iy Clad', 'e, Date: -3- Attachment III TARRANT COUNTY COMMISSIONERS' COURT G. K, MAENIUS COUNTY ADMINISTRATOR August 29, 1988 Mr. Doug Harmon Fort Worth City Manager 1000 Throcknorton Street Fort Worth, Texas 76102 Dear Doug: The Tarrant County Commissioners ' Court has tentatively approved several changes to the existing contract with the Presbyterian Night Shelter. We believe that these changes will allow the Night Shelter to operate its Alcoholic Holding Area (ARA) on a twenty-four hour a day basis and at a break even level. The changes include a reduction in the hourly wage rate from $10. 00 to $7. 00 paid to the ARA staffed Deputies and an increase of the amount which the Night Shelter receives per detainee from $8. 00 to $16. 00. Based on an average of 350 detainees per month and the suggested reduction in operational costs, we believe that the increased per them will allow the Night Shelter to recover their costs. The Court is recommending that the City and County split the increased per them on a 50/50 ratio for City arrestees. I have discussed these changes with the Night Shelter and they have concurred with them. In order that the AHA operate on a twenty-four hour basis as quickly as possible, the Court is recommending that these amendments become effective September 1, 1988. Please present these recommendations to the City Council for their review and approval. If I can provide you with any further information, please call me. S *ncgy OW G. K. Maenius ' ca088804 A!�RANT COUNTY ADMINISTRATION BUILDING Attachment IV Presbyterian Night Shelter of Tarrant County Shelter Location: 2400 Cypress in Fort Worth Phone:336-1781 Alai] Address: Shelter for the Homeless 1000 Penn Street Alcohol Recovery Room Fort Worth, Texas 76102 Detoxification Center DATE: August 30, 1988 TO: Appropriate City and County Offices FROM: Andrew Short Executive Director, Presbyterian Night Shelter SUBJECT: Update ou planned staff and schedule changes for Diversion Area Because of the need to more nearly balance our Diversion Area budget, and as concerns other scheduling and staffing changes, beginning at midnight between August 31 and September I the following program modifications will become effective: 1. the wage base will change from $10/hour to $7/hour, with the exception of one person who will remain at $10/hour and will assume limited supervisory responsibilities for the remaining Diversion area staff; 2. 24-hour service will resume with three shifts, viz. , midnight to 8:00 AM, 8:00 AM to 4:00 PM, and 4:00 PM to midnight; and 3. arrangements will be made for providing a second deputy on duty during times of peak traffic. This will be in addition to at least one in- house staff person assisting deputies around-tlip-clock. Otherwise, in-house policies and procedures will remain as currently operant. If you have any questions or comments regarding these changes, please phone or write me as indicated above, Attachment V DISPOSITION OF PUBLIC INTOXICANT BOOKINGS SINCE APRIL 12. 1988 00,11 April 12 - 3U Night Shelter 74 Tarrant Countv Jail 118 --Females 2u --PI with other charges 21 --Violence indicated 50 --Unknown reasons 27 May 1 31 Night Shelter 169 Tsrrant Countv Jail 152 --Females 27 --Shelter closed 64 --PI with other charges 17 --Refused by Shelter 5 --Violence Indicated 35 --Unknown reasons 4 June I 3U Night Shelter 208 Tarrant Countv Jail 126 --Females 28 --Shelter closed 58 --PI with other charges 2u --Refused by Shelter 5 --Violence indicated 11 --Unknown reasons 4 July 1 31 Night Shelter 267 Tarrant County Jail lul --Females 17 --Shelter closed 44 --PI with other charges 2u --Violence indicated 15 --Unknown reasons 5 August I - 30 Night Shelter 488 Tarrant Countv Jail 1UU --Females 13 --Shelter closed 22 --PI with other charges 20 --Violence indicated 44 --Unknown reasons I CUMULATIVE TOTAL Night Shelter 1206 Tarrant Countv Jail 597 --Females IU5 --Shelter closed 188 --PI with other charges 98 --Refused by shelter lu --Violence indicated 155 --Unknown reasons 41 Poll