COMPLETED BOARD ORDER"�|E
��32
Befo>f e the Board of Supervisors in and for the
C
a. Receive information rega
Defender's PD) FY
shortfall due to costs re
Court appointments of pri
Code sec. 987.2(d), Truai
treatment program plac
Monterey County Placem
b. Recognize unanticipat
appropriations in the a
Reimbursements of pris
registration fees.
c. Report directly to the fi
conferring with the C
anticipated shortfall of $2
unty of Monterey, State of California
ding the Office of the Public
010-11 anticipated budget
ated to Death Penalty cases,
ate counsel pursuant to Penal
cy Court staffing and offender
ment services provided by
nts MCP);
revenue and increase
ount of $206,151 from State
n defense costs and client
11 Board of Supervisors after
0 regarding the remaining
7,054
By consensus, and carried bylthose members present, the Board of Supervisors hereby;
I, Gail T. Borkowski, Clerk of th
certify that the foregoing is a true
the minutes thereof of Minute Boo
Dated: June 29, 2011
in the June 28, 2011 agenda, Consent Calendar- Regular.
Board of Supervisors of the County of Monterey, State of California, hereby
opy of an original order of said Board of Supervisors duly made and entered in
75 for the meeting on June 28 2011.
Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
Deputy
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SIGNED BOARD REPORT"�|E
��MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: June 28, 2011 AGENDA NO.: 3a
SUBJECT: a) Receive information regarding the Office of the Public Defender's PD) FY
2010-11 anticipated budget shortfall due to costs related to Death Penalty cases,
Court appointments of private counsel pursuant to Penal Code sec. 987.2(d),
Truancy, Court staffing and offender treatment program placement services
provided by Monterey County Placements MCP);
b) Recognize unanticipated revenue and increase appropriations in the amount of
$206,15 from State Reimbursements of prison defense costs;
c) Report directly to the full Board of Supervisors after conferring with the CAO
regarding the remaining anticipated shortfall of $297,054.
DEPARTMENT: PUBIGIC DEFENDER
RECOMMENDATION: 11
It is recommended that the Budget Committee of the Board of Supervisors:
a) Receive information regarding the Office of the Public Defender's PD) FY 2010-11 anticipated
budget shortfall due to costs related to Death Penalty cases, Court appointments of private
counsel pursuant to Pend Code sec. 987.2(d), Truancy Court staffing and offender treatment
program placement services provided by Monterey County Placements MCP);
b) Recognize unanticipated revenue and increase appropriations in the amount of $206,151 from
State Reimbursements of prison defense costs and client registration fees.
c) Report directly to the full Board of Supervisors after conferring with the CAO regarding the
remaining anticipated shortfall of $297,054.
SUMMARY/ DISCUSSION:
Penal Code sec. 987.2 directs the county to pay charges for defense costs and ancillary defense costs
for individuals determined to be indigent when the Public Defender is unavailable due to a conflict of
interest. Ancillary defense costs are expert services which may include psychiatrists, DNA analysis,
investigations, etc. The county may be responsible for indigent defense costs even when indigent
defendants are not represented by the Public Defender's Office or the Alternate Defender's Office
due to a conflict), but rathet a private attorney. The County does not budget for death penalty costs
and the CAO has directed the Public Defender to submit costs to the County for reimbursement when
and if they-occur. Current projections estimate a year-end shortage of approximately $250,000.
There are many factors which contribute to the shortfall. Billings for two death penalty cases
prosecuted during the current fiscal year exceed $225,000. Exact amounts and allocations are
confidential per statute. Additional trial costs are projected before the end of the fiscal year. Costs in
these types of cases generally increase near the time of trial when the prosecution determines that it
will proceed in seeking death and trial related expenses combine with general investigation costs. In
addition, death penalty cases include a Penalty Phase" which requires a social history of the
defendant and any factors in mitigation which may exist. A second attorney Keenan Counsel) is
appointed by the Court. The', CAO has directed the Public Defender not to budget for potential Death
Penalty cases which occur irregularly. Instead, the costs of capital cases will be added to the
impacted budget of the PDO;or the ADO. An increased number of multi defendant murder and
attempted murder cases have resulted from increased gang activity. These cases almost always face
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SIGNED BOARD REPORT"�|E
��life in prison penalties. These require additional counsel beyond the PD and contracted ADO
attorneys who already represent parties in the case.
Sexually Violent Predator cases are essentially civil in nature. Due to overwhelming caseloads of the
Public Defender, and the specialized nature of these cases, they were outsourced to a private lawyer
who specializes in these cases and performs the same function in Sacramento and other counties.
This has allowed the PDO to maintain caseloads for existing staff and accept all viable Court
appointments. There are currently five 5) open cases with billings paid or received year to date of
$68,646. Further billings are expected prior to fiscal year end to exceed the amount already billed.
The Superior Court in Monterey has appointed the PDO on several contempt and paternity cases
which the PDO is obligated by caselaw and/or statute to accept for representation. Approximately
$5,000 in billings has been received to date and additional billings are anticipated prior to the end of
the fiscal year.
The Board in its February 15, 2011 meeting had approved the continuation of Court representation by
two Truancy Attorneys and'the offender treatment program placement services provided by Monterey
County Placements for the remainder of the year. The cost necessary to fund these contracts for the
second half of the year is $16,441: $39,000 for the two Truancy Court attorneys and $37,441 for
MCP. The PDO was directed at that time to report projected shortfalls to the Budget Committee
towards the end of the fiscal year, at which time the department will be better able to assess its
current year needs.
The PD anticipates additional revenue of approximately $71,393 from outstanding State billings and
client fees applicable to the current fiscal year. This anticipated additional receipts increase the
amount indicated in the Budget Committee Report from $134,758 to $206,151, which was reported
verbally to the Budget Committee at its meeting on June 17, 2011 by the Public Defender.
At its meeting of June 17th, the Budget Committee also heard the Public Defender's request for
transfer of $297,054 from Contingencies to the Public Defender's budget to cover the anticipated
budget shortfall detailed above. However, after discussion, the Budget Committee asked that the
Public Defender's Office work with the County Administrative Office to continue to analyze
outstanding expenses and determine what funding, if any, might be needed from Contingencies. The
Committee also directed the, Public Defender to return to the full Board of Supervisors with that
request if and when needed after completing further analysis of outstanding and expected year end
expenditures.
OTHER AGENCY INVOLVEMENT:
The County Administrative Office has reviewed this report.
FINANCING:
The Public Defender's Office is requesting an increase in revenues and appropriations in the amount
of $206,151. This increase in revenues and appropriations will have no effect on the department's
General Fund Contribution.
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