REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 5, 2024
FROM
THOMAS W. SONE, Public Defender
SUBJECT
Title
Community Assistance, Recovery, and Empowerment Court Funds Revenue Agreement with the State Bar of California
End
RECOMMENDATION(S)
Recommendation
1. Approve the Community Assistance, Recovery, and Empowerment Court Funds Revenue Agreement with the State Bar of California to provide legal representation to adults with severe mental health illness in court proceedings, pursuant to Welfare and Institutions Code section 5976, subsection (c), in the amount of $227,164 for the period of December 1, 2024, through June 30, 2025.
2. Designate the Public Defender to electronically execute the funds agreement in Recommendation No. 1, and any subsequent non-substantive amendments, on behalf of the County, subject to review by County Counsel.
3. Direct the Public Defender to transmit the agreement and all amendments in relation to the agreement, in Recommendation No. 1, to the Clerk of the Board of Supervisors within 30 days of execution.
4. Authorize the Auditor-Controller/Treasurer/Tax Collector to post necessary budget adjustments as detailed in the Financial Impact section (Four votes required).
(Presenter: Thomas W. Sone, Public Defender, 382-3950)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Create, Maintain and Grow Jobs and Economic Value in the County.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The grant award, in the amount of $227,165, funds the Public Defender’s (Department) Community Assistance, Recovery, and Empowerment (CARE) Program (Program) and is administered by the State Bar of California (State Bar). The grant award will fund salaries and benefits for staff performing legal services in the amount of $174,160 and services and supplies in the amount of $53,005. The grant does not have a local match requirement.
The table below reflects the budget adjustments requested by the Department to fund the Program for the current fiscal year. Approval of this item will allow the Auditor-Controller/Treasurer/Tax Collector to post the following adjustments to the Department’s 2024-25 budget:
|
Fund Center |
Commitment Item |
Description |
Action |
Amount |
|
4910002755 |
40408840 |
State - Other |
Increase |
$227,165 |
|
4910002755 |
52002000 |
Operating Expenses - Services & Supplies |
Increase |
$53,005 |
|
4910002755 |
55405010 |
Salaries & Benefits Transfers Out |
Increase |
$174,160 |
|
4910001000 |
55415011 |
Salaries & Benefits Transfers In |
Increase |
$174,160 |
|
4910001000 |
52002445 |
Other Professional & Specialized Services |
Increase |
$174,160 |
Adequate appropriations will be included in future recommended budgets.
BACKGROUND INFORMATION
The California Assembly Bill 107 Budget Act of 2024 appropriated $16,750,000 for qualified legal services providers to implement the CARE Act, which provides access to mental health and substance disorder services, behavioral health care, housing and other community services to persons with serious mental disorders. This vulnerable population requires legal counsel for representation in CARE Act proceedings, to ensure their due process rights are protected.
Qualified legal services providers include county public defender offices and non-profit legal support entities. The Legal Aid Society of San Bernardino (LASSB) is a qualified legal services provider and has been selected to provide legal representation to CARE Act respondents in San Bernardino County CARE Courts. Where LASSB cannot provide CARE Act respondents conflict-free legal representation, the superior court will appoint the Department to represent respondents.
The State Bar’s Legal Services Trust Fund Commission allocated $227,165 for the Department’s CARE Program. When appointed, the existing Department staff will represent respondents in CARE Court proceedings. The Department will prepare quarterly expenditure and outcome reports as required by the CARE Act funds revenue agreement.
Should State Funding become unavailable, the funds revenue agreement will automatically terminate, and the Department will suspend the Program.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Bonnie Uphold, Supervising Deputy County Counsel, 387-5487) on October 10, 2024; Auditor-Controller/Treasurer/Tax Collector (Vanessa Doyle, Chief Deputy Controller, 382-3195) on October 24, 2024; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on October 16, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on October 21, 2024.