Title
Authorize the Auditor-Controller to amend the FY 2014-15 Public Defender adopted budget, Fund 001, Appropriation Unit PUB001, to increase appropriation by $661,000, financed by an increase in estimated Other State Aid revenue of $219,000 in 001-PUB001-5050, with the remaining $442,000 financed by unassigned year-end estimated General Fund Balance; (4/5th vote required). (ADDED VIA ADDENDUM ON JUNE 19, 2015)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Authorize the Auditor-Controller to amend the FY 2014-15 Public Defender adopted budget, Fund 001, Appropriation Unit PUB001, to increase appropriation by $661,000, financed by an increase in estimated Other State Aid revenue of $219,000 in 001-PUB001-5050, with the remaining $442,000 financed by unassigned year-end estimated General Fund Balance; (4/5th vote required).
SUMMARY:
The California Penal Code directs that counties are responsible for the defense of indigent persons accused of crimes, juveniles prosecuted for delinquency and /or truancy offenses, mental health related involuntary detentions, Sexually Violent Predator civil commitments, crimes alleged to have been committed within penal institutions in the jurisdiction and capital offenses. To meet these mandates, the County has established an Office of the Public Defender and when the Public Defender has a conflict of interest or other disability prohibiting acceptance of appointment, an Alternate Defender’s Office, and beyond that the Court appoints individual Panel Attorneys. When the Superior Court appoints the Public Defender, Alternate Defender, Panel Attorneys and required ancillary services including trial related expenses and investigation, statute directs that supporting funding comes from the County’s General Fund.
DISCUSSION:
Funding requirements for Fiscal Year 2014-15 have exceeded appropriations as they have in the past several years.
The Alternate Defender’s Office projects a net shortfall of $585,000 primarily in the Trial Related Expenses (including costs of contract and panel attorneys, and investigations), Temporary Employee, and miscellaneous IT related costs:
• Trial Related Expenses: $66,000
• Outside Counsel (Contracts and Panel): $414,000
• Investigations: $92,000
• Temporary Agency Employee: $10,000
• Miscellaneous Services and Supplies: $3,000
The Public Defender’s Office projects a net shortfall of $76,000 which was offset by salary savings:
• Miscellaneous Services and Supplies Net Deficit: $112,500
• Estimated Salary Savings: $36,500
The Office of the Public Defender has recently completed a Caseload/Workload study of benchmark counties with Public Defender Offices together with applicable professional standards for the Board of Supervisors. The Department is working with the County Administrator’s Office in developing indigent defense recommendations for the Board’s consideration.
OTHER AGENCY INVOLVEMENT:
The County Administrative Office has reviewed this report.
FINANCING:
This report would increase appropriations by $661,000, partially offset by an increase in departmental revenues of $219,000, with the balance to be funded from unassigned year-end estimated fund balance in the General Fund.
Prepared by:
Emilie Espinosa, Finance Manager, x5805
Latasha Ellis, ADO Management Analyst, x5082
Approved by: James Egar, Public Defender, x5806