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Approve a fourth Addendum to the Memorandum of Understanding (MOU) between the Solano County Probation Department and the Superior Court of California, County of Solano for an additional $448,295 for a total not to exceed amount of $3,204,159 in ongoing and one-time Senate Bill 129 funding over the term of the agreement to June 30, 2026 to continue to provide Pretrial Services; Delegate authority to the County Administrator to execute the MOU Addendum and any other amendments, extensions, or modifications not to exceed an annual aggregate of $74,999; and Authorize the Chief of Probation, or his designee, to execute any future addendums which are technical or administrative in nature
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Published Notice Required? Yes_____ No__X_
Public Hearing Required? Yes_____ No__X__
DEPARTMENTAL RECOMMENDATION:
The Solano County Probation Department and the Superior Court of California, County of Solano recommend that the Board of Supervisors:
1. Approve a fourth addendum to the Memorandum of Understanding (MOU) between the County of Solano through the Probation Department (COUNTY) and the Superior Court of California, County of Solano (COURT) for $448,295 to continue to provide Pretrial Services Program funded by the Pretrial Services Program fundings for FY2025/26;
2. Authorize the County Administrator to execute this MOU Addendum and any other amendments, extensions, or modifications not to exceed and annual aggregate of $74,999; and
3. Authorize the Chief of Probation, or his designee, to execute any future addendums which are technical or administrative in nature.
SUMMARY:
California Senate Bill 129 amends the Budget Act of 2021 to provide $140 million in funding for “the implementation and operation of ongoing court programs and practices that promote the safe, efficient, fair, and timely pretrial release of individuals booked into jail,” along with $70 million to expand a pretrial pilot program funded with one-time resources in the 2019 State Budget. SB 129 requires the Judicial Council of California to distribute this funding to 58 California courts and county supervision agencies, providing them with the resources necessary to assist judicial officers in making pretrial release decisions based on the least restrictive conditions, while ensuring public safety.
The courts are required to contract for pretrial services with their county’s Probation Department or any county department or agency other than those that have primary responsibility for making arrests or prosecuting criminal offenses and provide those departments with the pass-through funds. The Solano County Court has requested the Department be the contract agency for pretrial services. The goals of the pretrial program are to provide courts with information and resources to promote the safe, efficient, fair, and timely pretrial release of individuals booked into jail; impose the least restrictive conditions to address public safety and return to court; and implement appropriate monitoring practices and provisions of services for released individuals.
FINANCIAL IMPACT:
The proposed $448,295 allocation is funded by the Court and does not result in any impact to the County General Fund. The appropriations and revenues have been included as part of the FY2025/26 Midyear Financial Report.
DISCUSSION:
The Court, in partnership with the County, is responsible for ensuring that the following pretrial program requirements are met to include: determining if defendants are eligible for pretrial release consideration; completing pretrial services reports for jail arraignment and other scheduled hearings as requested by the Court; monitoring those released under pretrial services supervision, and coordinating with the Court to complete applicable sections of the Quarterly Progress Report and Yearly Budget Report.
The First Addendum supported operational and court-related needs by funding the purchase of a pretrial services vehicle, expand housing stabilization services, and supporting a Legal Procedure Clerk position at the court.
The Second Addendum supported the development and implementation of a Pretrial Interface of the case management system and to increase the support of the Legal Procedures Clerk position to the Courts to provide data-entry for Military Diversion program.
The Third Addendum supported the additional services to support the Pretrial Program and the extension of services for development and implementation of the Pretrial Interface between the Probation Department’s Case Management System (eProbation) and the California Superior Court, County of Solano Case Management System (eCourt).
The purpose of this Fourth Addendum is to provide continued support for the Pretrial Services Program, and to develop a review process for the limited cases where electronic monitoring is ordered as a condition of pretrial services release, to support best practices, ensure SB 129 restrictions are followed, and aid in lessening the high financial costs associated with the use of electronic monitoring.
The County, will implement a 45-day review process, scheduled by the Court, and provide the Court with a review memo prior to the hearing, which will include information for the judicial officer to determine whether electronic monitoring shall continue, stop or be modified.
The original MOU was approved in the amount of $1,989,419 for the period of July 1, 2021, through June 30, 2024. The First Addendum increased FY2022/23 ongoing funding by $271,949 and FY2023/24 ongoing funding by $221,497. The Second Addendum increased FY2023/24 one-time funding for Probation by $199,000, and the Third Addendum increased FY2023/24 ongoing funding by an additional $74,999.
This Fourth Amendment extends the pretrial program MOU through June 30, 2026, and provides funding of $448,295.
ALTERNATIVES:
The Board of Supervisors could choose:
1. Not to approve the Addendum. However, this action is not recommended as this addendum allows for and provides the means to establish funding and expand operational collaboration for pretrial services in Solano County between the Department and the Superior Court.
2. Not to delegate authority to the County Administrator to execute the MOU Addendum and any other addendums. This action is not recommended as it would reduce flexibility and timeliness in completing the scope of work outlined in the MOU.
3. Not to authorize the Chief of Probation or his designee to approve and execute any future contract amendments. This action is not recommended and is not practical as it would require the Department to request Board approval for routine matters such as minor technical or administrative changes.
OTHER AGENCY INVOLVEMENT:
The Superior Court of California supports the recommended action. County Counsel has also reviewed and approved the MOU as to form.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION