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Approve an Appropriation Transfer Request increasing appropriations by $50,000 for case related expenses in the Alternate Public Defender budget, funded by salary savings
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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 approve an Appropriation Transfer Request increasing appropriations by $50,000 for case related expenses in the Alternate Public Defender budget, funded by salary savings.
SUMMARY/DISCUSSION:
The Constitution requires that defense counsel investigate defendants’ mental status regarding their culpability for the charged crimes, to develop mitigation regarding potential sentencing, and to advocate for alternative outcomes such as mental health diversion and veteran’s court. Legislative changes have expanded access to mental health diversion. Funds support reviewing of records, interviewing clients and other relevant parties, drafting reports and testimony in court, and costs related to these tasks have increased in recent years. The requirement that these investigations occur has expanded to additional situations with the result that defense counsel is required to conduct more evaluations than in prior years and the Alternate Public Defender’s Office has exhausted the funds budgeted for FY2023/24. Lastly, two particularly complex cases within the Alternate Public Defender’s Office have required highly specialized experts, at a higher cost. The department has unspent funds in Salaries and Benefits from delays in filling vacant positions; therefore, it is requested that an Appropriation Transfer Request be approved to move $50,000 from Salaries and Benefits to Services and Supplies to cover these costs.
FINANCIAL IMPACT:
It is being recommended that a $50,000 Appropriation Transfer Request be approved to cover the additional expenses for psychological services, covered with the FY2023/24 Alternate Public Defender salary savings as a result of unanticipated staff vacancies. The cost associated with preparing the agenda item is nominal and absorbed by the department’s FY2023/24 Working Budget.
ALTERNATIVES:
The Board could elect not to authorize the use of salary savings for psychological services; this is not recommended since this would result in the inability to pay claims for bona-fide expenses for which the County may be liable.
OTHER AGENCY INVOLVEMENT:
None.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION