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Approve a revenue agreement with the State Bar of California for $177,031 for the period July 1, 2025 to January 1, 2027 for the Public Defender to provide legal representation to Community Assistance, Recovery, and Empowerment (CARE) Court respondents; and Delegate authority to the County Administrator to execute the necessary agreements, documents and amendments, with County Counsel concurrence, to receive the funds.
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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 a revenue agreement with the State Bar of California for $177,031 for the period July 1, 2025 to January 1, 2027 for the Public Defender to provide legal representation to Community Assistance, Recovery, and Empowerment (CARE) Court respondents; and Delegate authority to the County Administrator to execute the necessary agreements, documents and amendments, with County Counsel concurrence, to receive the funds.
SUMMARY:
In 2022, Senate Bill 1338 was enacted, creating the Community Assistance, Recovery, and Empowerment (CARE) Court Program. In 2025, Assembly Bill No. 102 (“A.B. 102”) was enacted, allocating $15,750,000 (“CARE Court Fund”) to be distributed by the Judicial Council of California through the State Bar via grant awards to qualified legal services projects and unawarded funds, if any, to public defenders to provide legal counsel pursuant to subdivision (c) of Section 5976 of the Welfare and Institutions Code for representation in CARE Act proceedings, matters related to CARE agreements, and CARE plans by December 1, 2025 (“CARE Court Legal Services”). The State Bar of California calculated the amount of funding each county is eligible to receive; Solano County allocation is $177,031.
FINANCIAL IMPACT:
The Public Defender is required by SB 1338 to provide representation to respondents in CARE Court. Receipt of these funds will provide compensation for the time spent by existing employees and fund extra help staff. Based on the number of clients from the prior agreement, it is anticipated that these funds will fully cover the additional duties.
DISCUSSION:
The CARE Act created a new court program (CARE Court) where adults with qualifying, severe mental health issues can access behavioral health care, stabilization medication, housing, and other community services. The program is based on evidence which demonstrates that many people can stabilize, begin healing, and exit homelessness in less restrictive, community-based care settings. In Solano County, CARE Court launched December 1, 2024. The Public Defender collaborated with County Counsel, Health & Social Services, Solano County Superior Court, and other community partners in the implementation of this new law.
The CARE Act provides that respondents are entitled to counsel, and if no qualified legal services program [“QLSP”] is available, the public defender must be appointed. There is no QLSP available in Solano County and as a result these cases will be assigned to the Public Defender. Solano County has been allocated $177,031 for the provision of legal services to CARE Act respondents during the period of July 1, 2025 to January 1, 2027 and will be required to report to the State Bar on the services provided with the funds.
The funds will compensate for the time of existing attorneys and support staff and for some non-personnel costs. Due to the uncertainty regarding the number of petitions that will be filed and whether the funds will continue, the Public Defender intends to use the funds to compensate for current staff’s work on these cases and for extra help staff.
ALTERNATIVES:
The Board could choose not to accept the funds; however, this alternative is not recommended because Solano County Public Defender’s Office is required to provide these services. If the funds are not accepted, the costs for these services will be paid out of the General Fund.
OTHER AGENCY INVOLVEMENT:
The Public Defender has been collaborating with County Counsel, Health & Social Services, Solano County Superior Court and other community partners. However, this funding is distributed to the Public Defender’s Office by the State Bar of California for the Public Defender to provide legal representation to CARE Court respondents.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION