Agenda Package 10-21-13 Reg. Meeting

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029 AGREEMENT FOR PARTICIPATION IN THE STATEWIDE MISDEMEANANT CONFINEMENT PROGRAM An Executive Summary January 1, 2012 • The Agreement specifies that participation by the County and by the Sheriff will be governed by the terms and conditions of the Program as established from time to time by the North Carolina Sheriffs' Association pursuant to the Association's statutory authority to develop and implement the Program as designated in G.S. 148 -32.1 (b1) and (b2) and Section 7.(f) of House Bill 642 enacted as Session Law 2011 -192. • By drafting the Agreement to refer to the terms and conditions of the Program, and by not specifying those terms and conditions in the Agreement itself, changes can be made in the Program without the necessity of getting the Agreements between numerous counties, their sheriffs and the Department of Public Safety amended each time. This will give the Program the flexibility to adapt to changing conditions, to increase the reimbursement rates to the counties if sufficient funds are available in the Fund and to make other changes to improve the Program without the necessity of getting the numerous Agreements re- signed. • By drafting the agreement to allow the Sheriff to notify the Program in writing of the number of misdemeanants that will be accepted, and not specifying the number of misdemeanants in the Agreement, changes can be made by the County and the Sheriff to the number of misdemeanants that will be accepted without the necessity of getting the Agreement amended each time by the County, by the Sheriff and by the Department of Public Safety. • Each County and Sheriff that participates in the Program is protected from any unwanted changes in the terms and conditions of the Program because the Agreement: (1) Allows the County and the Sheriff to unilaterally change the number of misdemeanants that will be accepted from the Program; (2) Provides that any changes in the Program do not apply to misdemeanants assigned to the County prior to the date of the changes, (3) Allows the County and the Sheriff to unilaterally terminate the Agreement at any time and thereby not have to accept any new misdemeanants and thereby not have to accept any changes to the terms and conditions of the Program.