To: County of Sonoma Board of Supervisors
Department or Agency Name(s): District Attorney
Staff Name and Phone Number: Shane Lewis 565-3150
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Office of the District Attorney, Victim Services Division, Victim Services Restitution Grant
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Recommended Action:
Recommended action
Adopt a Resolution authorizing the District Attorney or their designee to renew the Criminal Restitution Compact Agreement with the California Victim Compensation Board in the amount of $233,559 for a three-year term, July 1, 2023 through June 30, 2026. Funds from this grant will pay a portion of salary and benefits of two existing Legal Assistants who help victims obtain mandated restorative payments from defendants.
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Executive Summary:
The District Attorney’s Office requests approval to sign an agreement with the California Victim Compensation Board (CalVCB) to continue the collaborative partnership of the two agencies in helping meet the needs of victims of violent crimes. The proposed Criminal Restitution Compact Agreement provides $233,559 ($77,853/year) in funding to the Sonoma County District Attorney’s Office to continue paying a portion of the salary and benefits of two existing Legal Assistants for three years, July 1, 2023 through June 30, 2026. The District Attorney Legal Assistants will act as Restitution Specialists and provide assistance to prosecuting attorneys to ensure proper imposition of restitution orders and court mandated restorative payments from offenders to victims.
The portion of Legal Assistant time that will be funded by the agreement is detailed below. The percentage of salary and benefits calculated in the attached agreement was submitted prior to the finalization of the recent SEIU Memorandum of Understanding and the percentage of salary and benefits covered will be less than stated in the budget worksheet.
Discussion:
The Victim Services Program was created by the passage of Section 13835 et seq. of the California Penal Code which mandates local comprehensive centers for victim and witness assistance throughout California. The Victim Services Division of the District Attorney’s Office is one of the special programs designed to reduce the trauma and insensitive treatment victims and witnesses may experience following a crime. The District Attorney’s Office is committed to helping crime victims and their families reorganize and reclaim their lives. The California Victim Compensation Board is the State agency that provides compensation for victims of crime with reimbursement for some crime-related expenses. County jurisdictions are also provided with funds that are used to facilitate the administrative needs of clients seeking California Victim Compensation Board assistance.
The California Victim Compensation Board has provided funds for restitution work since 1997. Previously the funding would meet the full position cost of one Legal assistant. Like many grants, the funding level has not kept up with the increases in salary and benefit costs and has required supplemental funding from the county general fund. The current contract allows for the department's second Legal assistant to assist in the performance of this specific work, offering flexibility in the workload, providing additional resources to the program, and allowing the opportunity to invoice the applicable work of both Legal Assistants to the program. During this contract term the total cost for the two Legal Assistant positions is estimated to be $887,387 and grant funds will cover 26.32% of that total. The annual County general fund breakdown for the three-year term is estimated to be $204,386 for FY 2023/2024, $218,789 for FY 2024/2025, and $230,654 for FY 2025/2026.
The Legal Assistant works closely with victims, Deputy District Attorneys, Superior Court, Probation Department, and California Victim Compensation Board. The position is responsible for ensuring that the victims of crime are provided with appropriate court orders and that mandated restitution fines and fees are either imposed on the defendant at the time of sentencing or an order for restitution is reserved to be determined at a later date. Attempts are made to contact each victim, explain their legal rights regarding restitution orders, and help them prepare restitution requests while being responsible for all application processing and necessary follow up. While completing forms on behalf of victims to assist them with collection enforcement, the Legal Assistant analyzes medical bills, income documents, insurance documents, and settlements. Legal research to assist attorneys in securing some restitution orders is performed. Used as a resource for attorneys, Court, and Probation, knowledge and understanding of the laws encompassing restitution for victims and CalVCB is required.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
May 21, 2019 - The Board of Supervisors authorized renewal of the California Victim Compensation Board Criminal Restitution Contract Agreement for the three-year term of
July 1, 2019 to June 30, 2022. The District Attorney extended the contract from July 1, 2022 to June 30, 2023 as authorized by the May 21, 2019 resolution.
June 20, 2017 - The Board of Supervisors authorized renewal of the California Victim Compensation Board Criminal Restitution Contract Agreement for the two-year term of
July 1, 2017 to June 30, 2019.
The Board of Supervisors has authorized the District Attorney to renew agreements with California Victim Compensation Board to assist Sonoma County victims of violent crimes since 1997.
Fiscal Summary
|
Expenditures |
FY 23-24 Adopted |
FY24-25 Projected |
FY 25-26 Projected |
|
Budgeted Expenses |
$282,239 |
$296,642 |
$308,507 |
|
Additional Appropriation Requested |
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Total Expenditures |
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Funding Sources |
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General Fund/WA GF |
$204,386 |
$218,789 |
$230,654 |
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State/Federal |
$77,853 |
$77,853 |
$77,853 |
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Fees/Other |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$282,239 |
$296,642 |
$308,507 |
Narrative Explanation of Fiscal Impacts:
State revenue of $77,853 per year for three years. General Fund contribution estimated at $204,386 for FY 2023/2024, $218,789 for FY 2024/2025, and $230,654 for FY 2025/2026. The General Fund contribution share is already incorporated into the Department’s FY 2023-24 Adopted Budget.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
Not applicable. No position changes.
Attachments:
Resolution
State of California Standard Agreement
Related Items “On File” with the Clerk of the Board:
N/A