5. Memoranda of Understanding

The success of the reentry implementation committee will depend more on what responsibilities participating agencies accept rather than what they are obligated to contribute. Nevertheless, though normally not legally binding, formalizing the process by drafting a memorandum of understanding (MOU) expresses a long-term commitment to the process and adds a sense of credibility and professionalism to the reentry collaboration.

Other benefits of an MOU:

Facilitates communication by defining a process for regular meetings, phone contact, or data exchange.
Protects both parties against differing interpretations of expectations by either party by spelling out details of the relationship.
Enhances the status of the case management agency in the community through formalized relationships with established or influential agencies.
Reduces friction over turf issues by specifying responsibilities.
Transfers authority to perform a mandated function from one agency to another or from one level of government to another.
Creates a clear and formalized agreement to move forward and partner together.
Specifies services for a provider agency to provide to clients.
Specifies the type of clients appropriate for the case management agency and how referrals should be made.
Cuts through red tape by defining new or altered procedures for clients.

Formal Linkages

In many small jurisdictions, resources are limited and populations are often too small to warrant funding or attention for programming and other transition efforts. To enhance their ability to perform justice system functions effectively, many local governments enter into formal agreements to pool their resources and populations. Such intergovernmental collaboration demonstrates information-sharing commitment and the potential to sustain TJC efforts.

Sections of an MOU:

Purpose or goal of the collaboration or partnership
Key assumptions
Operating principles or statement of agreement
The name of each partnering agency
Each partner’s responsibilities under the MOU
Effective date and signatures

Jails, governmental agencies, and community-based organizations may need to develop formal linkages with each other outside of the reentry implementation committees’ MOU. Linkages would include agency-to-agency formal agreements with probation and public health departments, community health centers, community mental health centers, drug treatment programs, STD counseling and test sites, tuberculosis clinics, Medicaid offices, HIV infection services, one-stop workforce centers, housing providers, and service providers presently working with those transitioning from jail to the community.

Information Sharing

MOUs or other information release forms are essential when developing structures for information sharing and service coordination among providers and between providers and the facility. The most common reason for poor information sharing is confusion or misperceptions around what agencies are allowed to share while enforcing privacy policies and requirements. The TJC initiative recommends implementing formal guidelines for the following purposes:

Referring inmates to community providers.
Informing providers about the release of relevant individuals. For example, those with a history of homelessness and mental illness.
Sharing release plans with providers.
Developing systems for sharing the information, such as electronic databases or regular meetings among providers.

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