To: Sonoma County Board of Supervisors
Department or Agency Name(s): Public Defender’s Office
Staff Name and Phone Number: Jeremy Scannell, 565-3869
Vote Requirement: Majority
Supervisorial District(s): All
Title:
Title
Public Defense Pilot Program Grant Year 3
End
Recommended Action:
Recommended action
A) Adopt a Resolution accepting the terms and conditions of grant funding from the Board of State and Community Corrections (BSCC); delegating authority to the Public Defender to execute the grant agreement for the Public Defense Pilot Program Year 3 in the amount of $565,005; and extending the term of the existing grant to December 31, 2026.
B) Adopt a Resolution to extend 2.0 Full Time Equivalent (FTE) time-limited Deputy Public Defender IV positions, effective November 12, 2024, to December 31, 2026, to continue supporting the grant through the end of the grant term.
end
Executive Summary:
The Public Defender’s Office is requesting authority to execute a grant agreement with the BSCC to receive the third year of funding for the Public Defense Pilot Program (PDPP) grant in the amount of $565,005, and to extend the end of grant term to December 31, 2026. Additionally, the Public Defender’s Office is requesting an extension of the two existing time-limited Deputy Public Defender IV positions to December 31, 2026, to coincide with the extended grant term.
Discussion:
The Public Defender’s Office applied and was awarded a non-competitive grant from the BSCC in the amount of $653,326.79 for a term of March 1, 2022, to March 1, 2025. In 2023, the Public Defender’s office received the 2nd year of funding in the amount of $656,601.30, bringing the full grant award to $1,309,928.09. The Public Defender’s Office has now received year 3 funding in the amount of $565,005, bringing the full grant award to $1,874,933.09 with a time extension to extend the end of the grant term to December 31, 2026.
The State Budget Act of 2021 (Senate Bill 129) appropriated funding for the Public Defense
Pilot Program to each county 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 the provisions in paragraph (1) of subdivision (d) of Section 1170 of, and Sections 1172.6 (formerly 1170.95), 1473.7, and 3051 of, the Penal Code.
These statutes provide potential relief for individuals who were convicted and/or sentenced in
Sonoma County Superior Court and (1) who were under 18 years old when they committed an offense for which they were sentenced to life without the possibility of parole (California
Penal Code section 1170(d)(1)), (2) who were convicted of felony murder (or attempt), murder under the natural and probable consequences doctrine (or attempt), or manslaughter, and who were not the actual killer and/or did not intend to kill (California Penal Code section 172.6 (formerly 1170.95)), (3) who were convicted or sentenced and who were (a) not properly advised of adverse immigration consequences, (b) have discovered evidence that establishes they are factually innocent, or (c) for whom their conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin. (California Penal Code section 1473.7.), and (4) who were 25 years or younger at the time of the controlling offense for which they were committed to state prison (California Penal Code section 3051).
With funding from the PDPP grant, the Public Defender’s Office hired (2) time-limited Deputy Public Defender IVs. These attorneys initially identify clients who are eligible for statutorily driven post-conviction relief. Once those clients have been identified and contacted, they prepare the case for eventual hearing and resentencing. That preparatory work includes robust investigation and requests for records, legal research including real time analysis of new caselaw as it evolves, the writing of motions and other pleadings for the court, discovery of mitigating evidence in the client’s prior and subsequent histories, and eventual argument before the Court. Without an extension, the time-limited positions will expire on March 1, 2025, a date that aligns with the original end of the grant period. With the BSCC providing a time extension on the PDPP grant expenditures through December 31, 2026, the Public Defender’s office requests an extension of the time-limited positions to again align with the end of the grant term.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
4/5/2022 - Approved Public Defense Pilot Program grant
Fiscal Summary
|
Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
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Budgeted Expenses |
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Additional Appropriation Requested |
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$565,005 |
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Total Expenditures |
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$565,005 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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$565,005 |
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Fees/Other |
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Use of Fund Balance |
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General Fund Contingencies |
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Total Sources |
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$565,005 |
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Narrative Explanation of Fiscal Impacts:
No additional appropriations or expenditures are needed under this board item due to year 3 funding in the amount of $565,005 being included in the Public Defender’s quarter 1 consolidated budget adjustment approved by the Board of Supervisors on 10/22/2024.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
Deputy Public Defender IV |
$15,286.41 - $18,578.85 |
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Narrative Explanation of Staffing Impacts (If Required):
Two FTE time-limited Deputy Public Defender IV positions are included in the Sonoma County Public Defender’s Department Allocation List with an established end date of March 1, 2025. If an extension of these existing positions is approved, these positions would be able to continue working on PDPP funded activities through the end of the grant on December 31, 2026.
Attachments:
Attachment 1 - Grant amendment
Attachment 2 - Grant resolution
Attachment 3 - Position resolution
Related Items “On File” with the Clerk of the Board:
N/A