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Adopt a resolution affirming the submission of a Board of State and Community Corrections (BSCC) Public Defense Pilot Program grant application for year 3 funding in the amount of $504,441 for a maximum amount of $1,615,366 through December 31, 2026; Authorize the County Administrator to execute all documents necessary to accept and administer the grant, including the second Amendment to the Standard Agreement with BSCC; and Adopt a resolution to amend the List of Numbers and Classifications of Positions in the Public Defender’s Office to extend 2.0 FTE Deputy Public Defender I-IV Limited-Term through June 30, 2026
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Published Notice Required? Yes No _X _
Public Hearing Required? Yes No _X _
DEPARTMENTAL RECOMMENDATION:
The Public Defender recommends that the Board of Supervisors:
1. Adopt a resolution affirming the submission of a Board of State and Community Corrections (BSCC) Public Defense Pilot Program grant application for year 3 funding in the amount of $504,441 for a maximum amount of $1,615,366 through December 31, 2026;
2. Authorize the County Administrator to execute all documents necessary to accept and administer the grant, including the second Amendment to the Standard Agreement with BSCC; and
3. Adopt a resolution to amend the List of Numbers and Classifications of Positions in the Public Defender’s Office to extend 2.0 FTE Deputy Public Defender I-IV Limited-Term through June 30, 2026.
SUMMARY:
The State created the Public Defense Pilot Project (PDPP) grant, to address indigent defense in criminal matters for the purposes of workload associated with the provisions in paragraph (1) of subdivision (d) of Section 1170 and Sections 1170.95, 1473.7, and 3051 of the Penal Code and for use by indigent defense providers, including public defenders, alternate defenders, and other qualifying entities.
The BSCC PDPP is providing for a third year of funding. Prior funding has supported 2.0 FTE Deputy Public Defender I-IV Limited-Term positions in addition to extra help and offsetting expenses related to the provision of legal services in these cases.
The Department is requesting that the Board adopt a resolution (Attachment A) affirming the submission of the grant application (Attachment B) and approve the extension of these two limited-term positions through June 30, 2026, to fully utilize the grant funding.
FINANCIAL IMPACT:
The BSCC PDPP has a total funding allocation to the Solano County Public Defender’s Office to date of $1,615,366 through December 31, 2026. It is anticipated that this grant will fund the 2.0 FTE Deputy Public Defender I-IV Limited-Term through June 30, 2026 with no impact to County General Fund. With prior funding allocations and the additional year 3 funding, the Public Defender’s Office has calculated adequate funding through June 30, 2026.
Current budgeted allocations are sufficient to cover the costs for the remainder of FY2024/25; however, grant revenues and expenditures will be reevaluated during the midyear review process. Grant revenues and offsetting grant expenditures will be included in the FY2025/26 Requested Budget.
DISCUSSION:
The State Budget Act of 2021 (Senate Bill 129, Chapter 129, Statutes of 2021) established the Public Defense Pilot Program (PDPP). PDPP funds must be utilized for indigent defense providers, including public defenders, alternate defenders, and other qualifying entities that provide indigent defense in criminal matters for the purposes of workload associated with Sections 1172.1, 1172.6, 1473.7, and 3051 of, the Penal Code. Pursuant to the Budget Act, county funding allocations are determined by the total adult population.
BSCC calculated the amount of funding each county was eligible to receive; Solano County’s allocation in year one was $556,698, an additional year two amount of $554,227 was allocated, and BSCC has calculated a year three amount of $504,441 for a current total funding allocation of $1,615,366 through December 31, 2026. The Public Defender’s application (Attachment B) focuses on increasing Youthful Offender Parole Hearing advocacy and increasing access to post-conviction relief opportunities. The Public Defender recommends appropriating the funding to limited term staffing and operational resources such as experts needed to compile information and assist with these more complex, time-consuming cases. The recommended grant budget is included as Attachment C.
The first year of funding, approved by the Board on December 14, 2021, provided for 1.0 FTE Deputy Public Defender I-IV Limited-Term through June 30, 2024.
The second year of funding, approved by the Board on December 13, 2022, provided for the hiring of a second limited-term attorney and provided funding through March 1, 2024. BSCC extended the term on which funding could be spent and on June 27, 2023 the Board extended the first limited-term position and approved the addition of the second limited-term position for a total of 2.0 FTE Deputy Public Defender I-IV Limited-Term through March 1, 2025.
The third year of funding, if approved by the Board, supports the continued funding of 2.0 FTE Deputy Public Defender I-IV Limited-Term positions. The grant application (Attachment B), which the Board is affirming the submission of, was due in January 2024 and originally provided funding through March 1, 2025. BSCC has issued an amendment to the grant application (Attachment D) which extends this term to December 31, 2026. It is being requested that the 2.0 FTE Deputy Public Defender I-IV Limited Term positions be extended through June 30, 2026. Both of these positions are fully funded by the BSCC PDPP grant and are currently set to expire on March 1, 2025.
ALTERNATIVES:
The Board can choose not to participate in this grant program; however, this alternative is not recommended as nonparticipation will result in the loss of $504,441 in grant funding that would be used to expand services to provide access to post-conviction relief opportunities and the limited-term positions would terminate on March 1, 2025.
OTHER AGENCY INVOLVEMENT:
The County Administrator’s Office has reviewed this submittal and assisted with the grant application. Human Resources has reviewed this submittal.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION