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Approve an Appropriation Transfer Request to increase appropriations by $350,000 in CMF Cases (BU 6800) to cover legal services and other related expenses at the California Medical Facility and California State Prison-Solano, offset by an increase in State 4700 P.C. reimbursable revenue (4/5 vote required)
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The County Administrator’s Office recommends the Board approve an Appropriation Transfer Request (ATR) to increase appropriations by $350,000 in CMF Cases (BU 6800) to cover legal services and other related expenses at the California Medical Facility (CMF) and California State Prison-Solano, offset by an increase in State 4700 P.C. reimbursable revenue (4/5 vote required)
SUMMARY/DISCUSSION:
The California Department of Corrections and Rehabilitation (CDCR) operates two correctional facilities in Solano County: the California Medical Facility and California State Prison-Solano. Crimes committed on the grounds of these facilities are prosecuted by the Solano County District Attorney, and the County is responsible for providing defense counsel for the accused.
The Superior Court enters into agreements with private attorneys to provide this counsel at the County’s expense; however, most costs are fully reimbursable by the State under California Penal Code §4750, except for County Administrative Overhead, interest expense, and certain treatment costs.
It is difficult to project with any certainty the amount needed in a fiscal year for legal services. In FY2025/26, $827,130 was projected for legal services based on previous years. As of the fiscal year end, it has been determined that pending invoices received, as well as those projected to be received and payable prior to June 30, 2023 exceed Working Budget appropriations by approximately $350,000. An ATR is recommended to appropriate additional funds to pay current and projected invoices through the end of the fiscal year. As these costs are reimbursable by the State under California Penal Code §4750 and reimbursement is anticipated, these cost increases will be offset by an increase in revenue.
FINANCIAL IMPACT:
This action will increase the CMF Cases (BU 6800) Working Budget by $350,000. The full amount is anticipated to be reimbursed by the State per California Penal Code §4750, as the increase is due to the provision of legal services. Therefore, there is no impact to the General Fund.
The costs associated with preparing the agenda item are nominal and absorbed by the County Administrator’s Office FY2025/26 Working Budget.
ALTERNATIVES:
The Board could choose not to appropriate the funds to cover the expenditures; however, this is not recommended as State law requires the County provide legal counsel to inmates at CMF and most costs are reimbursed by the State.
OTHER AGENCY INVOLVEMENT:
The Auditor-Controller’s Office collects and pays the claims and submits the reimbursement to the State. The Auditor-Controller’s Office assisted with the projection of year end claims.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION