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Commissioners approve $21.6 million diversion contracts; members press state attorney on limited vendors, program fees
Summary
The committee approved contracts with two vendors to provide misdemeanor diversion services after discussion about why only two providers responded to the RFP, the program's fee structure and whether part of fees could be directed to a scholarship or community fund.
Miami-Dade County commissioners on May 13 approved contracts awarding misdemeanor diversion services to Advocate Program Inc. and Court Options Inc., with an estimated cumulative revenue of $21,600,000 over an initial five-year term and an optional three-year renewal. The item passed by voice vote after commissioners and representatives from the State Attorney's Office discussed vendor selection, participant fees and possible community uses for part of those fees.
The resolution (Contract EVN8779) directs the county mayor or designee to execute the contracts and exercise related options, including cancellations and renewals. County staff told the committee the $21.6 million estimate represents fees that could be collected directly from program participants over the contract period; those fees are paid by defendants who elect diversion rather than by the county.
Why two vendors? Commissioners asked why the program is limited to two contracted providers. County staff said the contract followed a publicly advertised RFP and that these two firms were the respondents selected through the competitive process. Assistant State Attorney Steven Talpins told the committee the State Attorney’s Office had moved to an RFP-based model for quality control and transparency after the number of providers increased; he said the two current vendors have worked with the office “for a number of years” and “have been very successful.”
Commissioners pressed on fees, service access and accountability. The committee noted the contract requires providers to collect and distribute fees listed in section 2.7 of the contract; providers may use sliding scales and are permitted to waive or reduce fees for indigent offenders or those on public assistance, subject to limitations on restitution. The county attorney and state attorney representatives confirmed providers are required to document fee collection and distribution under the contract terms.
Several commissioners proposed using a small additional fee to seed a scholarship or community grant fund administered by a third party such as the Miami Foundation. Commissioner Hardeman (co-prime sponsor) suggested adding an optional small surcharge that would be held as an endowment (a model already used for other funds such as the Denise Moon Fund and SASH grants). County attorneys said such a change would require further discussions with the State Attorney’s Office because the diversion program operates under state authority; the county could, however, work with the state attorney between committee approval and the full board to explore amendments and voluntary contributions.
Assistant State Attorney Talpins described diversion as an alternative to adjudication: when eligible defendants complete diversion programs, “the charges are actually dropped,” he said, and the goal is rehabilitation that prevents a criminal record. Talpins said providers offer monitoring and services, and that the program is designed for appropriate nonfelony cases to allow eligible participants to move forward without a criminal conviction.
County staff confirmed that the selected providers operate multiple locations within the county so participants would have reasonable access to services, and that providers offer testing and treatment services where required. The contract also contains language allowing providers to transfer uncollectible balances to a collection agency with state attorney concurrence.
The committee voted to approve the contract; co-prime sponsorship was assumed by Commissioner Hardeman and Commissioner Bastian, and members agreed to pursue a follow-up meeting with the State Attorney’s Office to discuss possible fee adjustments or the creation of a community scholarship fund.
Votes at a glance: the committee approved the award of Contract EVN8779 to Advocate Program Inc. and Court Options Inc.; the committee’s action moves the item forward for execution by the county mayor or designee.
