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Approve a second 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 $199,000 in one-time Senate Bill 129 funding over the term of the agreement to June 30, 2024 for the 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) and amend the 1.0 FTE Legal Procedures Clerk position to provide data entry at 40% pretrial services and 60% Military and Mental Health Diversion services; Authorize the County Administrator to execute the MOU Addendum and any other amendments, with County Counsel concurrence, up to an aggregate of $74,999 per fiscal year; and Authorize the Chief of Probation or his designee to execute any future amendments 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 second 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 $199,000 in one-time Senate Bill 129 funding over the term of the agreement to June 30, 2024 for the 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) and amend the 1.0 FTE Legal Procedures Clerk position to provide data entry at 40% pretrial services and 60% Military (Veterans) and Mental Health Diversion services;
2. Authorize the County Administrator to execute the MOU Addendum and any other amendments, with County Counsel concurrence, up to an aggregate of $74,999 per fiscal year; and
3. Authorize the Chief of Probation or his designee to execute any future amendments which are technical or administrative in nature.
SUMMARY/DISCUSSION
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.
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 purpose of this second addendum is to include the development and implementation of a Pretrial Interface and to change the work of the Legal Procedures Clerk position to support the Military (Veterans) Diversion Program.
The Solano County Probation Department (County) will lead the development and implementation of a Pretrial Interface between eProbation, the Probation Department’s case management system and eCourt, the Court’s case management system for the period March 26, 2024 to June 28, 2024. The Pretrial Interface will assist the County and the Court in exchanging information, reports, Court decisions, and subsequent Court actions related to Pretrial services.
The County will contract for the professional services of a Business Systems Analyst who will work with the parties to identify the requirements for the interface and a Project Manager who will lead the overall project. The County will contract with the case management vendor, Journal Technologies, Inc., to develop and implement the interface.
The County will amend the 1.0 FTE Legal Procedures Clerk from 50% Pretrial Services and 50% on Mental Health Diversion to 40% Pretrial Services and 60% Military (Veterans) and Mental Health Diversion. The Court will provide training for this position on court-specific applications and business practices to support the judicial officer and case manager and the Military (Veterans) Diversion program. The County will provide an additional one-time allotment of ten (10) hours to the Court to complete the backlog of data-entry for Military (Veterans) Diversion client records.
FINANCIAL IMPACT:
The funding for the Pretrial Program is split into two (2) categories, one-time funding and ongoing funding. The recommended action has no impact to the County General Fund.
One-time Funding: Court shall allocate to the County an additional $199,000 in one-time funding. These funds are available for encumbrance or expenditure from January 1, 2023 through June 30, 2024. The spending plan for these funds includes contracting for the 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).
Ongoing Funding: There is no change to the ongoing funding amount; however, the 1.0 FTE Legal Procedures Clerk has been funded to spend 50% on Pretrial Services and 50% on Mental Health Diversion, with this second Addendum the 1.0 FTE Legal Procedures Clerk will be spending 40% on Pretrial Services and 60% on Military (Veterans) and Mental Health Diversion.
The appropriations and revenues were included as part of the FY2023/24 Midyear Financial Report.
ALTERNATIVES:
The Board of Supervisors could choose:
1. Not to approve the addendum to the MOU. However, this action is not recommended as this MOU 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 or any other amendments up to an aggregate of $74,999 per fiscal year. This action is not recommended as it would reduce flexibility and timeliness in completing the scope of work outlined in the amended 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