Title
a. Approve and authorize the Public Defender to accept a grant award not to exceed $681,000 in allocated funds from the Bureau of State and Community Correction Proposition 47 grant funded program during the three-year period from January 1, 2018 through October 31, 2020, to be disbursed through Intra-fund Transfer as defined in the attached Inter-departmental Agreement between Health Department Behavioral Health Bureau and Office of the Public Defender;
b. Adopt a resolution to amend the Public Defender’s FY 2017-18 Adopted Budget (PUB001-001-2270-8169) by increasing estimated revenues and appropriations by $68,684 (4/5th vote required); and
c. Amend the Public Defender’s FY 2017-18 Adopted Budget (PUB001-001-2270-8169) to add one (1) FTE Deputy Public Defender IV as indicated in Attachment A; and
d. Adopt a resolution authorizing the Auditor-Controller’s Office to incorporate, and the County Administrative Office to reflect, approved modifications in the FY 2017-18 Adopted Budget (4/5ths vote required). (ADDED VIA ADDENDUM)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Public Defender to accept a grant award not to exceed $681,000 in allocated funds from the Bureau of State and Community Correction Proposition 47 grant funded program during the three-year period from January 1, 2018 through October 31, 2020, to be disbursed through Intra-fund Transfer as defined in the attached Inter-departmental Agreement between Health Department Behavioral Health Bureau and Office of the Public Defender;
b. Adopt a resolution to amend the Public Defender’s FY 2017-18 Adopted Budget (PUB001-001-2270-8169) by increasing estimated revenues and appropriations by $68,684 (4/5th vote required); and
c. Adopt a resolution to amend the Public Defender’s FY 2017-18 Adopted Budget (PUB001-001-2270-8169) to add one (1) FTE Deputy Public Defender IV as indicated below (4/5ths vote required); and
d. Adopt a resolution authorizing the Auditor-Controller’s Office to incorporate, and the County Administrative Office to reflect, approved modifications in the FY 2017-18 Adopted Budget (4/5ths vote required).
SUMMARY/DISCUSSION:
The Board of State and Community Corrections has awarded a 39-month grant to the Monterey County Health Department, Behavioral Health Bureau. The Grant entitled “No Zip Code Left Behind: Addressing Inequalities Through Collaborative Partnerships” will focus on individuals in the criminal justice system in need of mental health, substance abuse treatment and supportive services needed to eliminate barriers to successful reintegration into society and reduce the recidivism rate of people convicted of less serious crimes.
The Monterey County Department of Behavioral Health and the Office of the Public Defender entered into an Inter-Departmental Agreement (Agreement) as part of the implementation of this grant, with goals and objectives focusing on increasing the progression and recovery rate of this population by providing sentencing reclassification services to Proposition 47 eligible individuals in Monterey County.
The impact of new legislation allows thousands of convicted felons to request relief under Prop. 47 and have their felony convictions reduced to misdemeanors and/or infractions and thereafter requesting an expungement under Penal Code Section 1203.4. By providing an attorney position specifically to address these issues, the PD can process many more cases than currently can be done given current caseloads and time constraints. The designated attorney would be designated to provide legal assistance to indigent clients with a specific emphasis to cases involving Prop. 47 and Penal Code Section 1203.4 relief. Reducing felony charges to misdemeanors and/or infractions and obtaining an expungement of the clients’ records allows the individuals to move forward with their lives, achieve their potential and allow our communities to thrive and grow. This work will also focus on residents throughout the County.
The Agreement recommends addition of one new position to support the grant work as indicated below:
|
Budget Unit 2270-Public Defender |
|
Add |
Class Code |
For a revised total of |
|
(1) Deputy Public Defender IV |
39P31 |
25 |
|
|
|
|
OTHER AGENCY INVOLVEMENT:
The Health Department-Behavioral Health Division is a collaborative partner in the grant project and recipient of the grant funding.
FINANCING:
Board Order A17-373 No. 18 has authorized the Director of Health to accept the funding of $6 million and to execute Grant Agreement No. BSCC 543-17 with the State of California Board of State and Community Corrections. Behavioral Health serves as the fiscal agent and will reimburse the Public Defender for services rendered as outlined in the Agreement during the grant period from January 1, 2018 through October 31, 2020. Behavioral Health will transfer reimbursement of costs through Intra-Fund Transfer Account #023-4000-HEA012-8410-6613-PROP 47 in accordance with the Agreement.
This report requests an increase of $68,684 to cover the period from March 1, 2018 through June 30, 2018 as indicated below (4/5th vote required):
|
Budget Unit 2270-Public Defender |
|
|
|
Account |
Description |
Amount |
Action |
|
Revenues |
|
|
|
|
001-2270-8169- 5940 |
Operating Transfers In |
68,684 |
Increase |
|
|
Total |
68,684 |
|
|
Appropriations |
|
|
|
|
001-2270-8169- |
|
|
|
|
6111 |
Regular Employees |
53,933 |
Increase |
|
6835 |
Other Special Dept Expenses |
14,751 |
Increase |
|
|
Total |
68,684 |
|
The estimated annualized cost for Public Defender services under this grant in FY 2018-19 is $212,600. The County Administrative Office has expressed concern that this new grant revenue stream could be used to offset possible layoffs for the next fiscal year considering that the Office of Public Defender is projecting a $2,008,093 deficit next fiscal year. For example, if staffing reductions are necessary, an existing employee could potentially be placed into a function consistent with the MOU. However, operationally the Public Defender’s Office cannot meet core business needs if this position is reassigned. The Public Defender Office believes it has stretched its coverage in the trial courts and cannot lose a trial attorney to post sentence relief position. The MOU requires the position to be 100% post sentence relief which is a non-trial position.
Approved by: Susan Chapman, Public Defender, 5806
Attachment:
Attachment A: Public Defender Budget Unit 2270-PUB001-8169