REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 14, 2023
FROM
THOMAS W. SONE, Public Defender
SUBJECT
Title
Grant Agreement Amendment with the California Board of State and Community Corrections for Year Two of the Public Defense Pilot Program
End
RECOMMENDATION(S)
Recommendation
1. Approve Amendment No. 1 to Grant Agreement No. 22-260 (Grant Agreement No. BSCC 338-21) with the California Board of State and Community Corrections for the Public Defender’s Second Chance Program that advances State Legislative initiatives related to criminal justice reform initiatives for indigent defense services, increasing the grant amount by $2,603,224, from $2,633,006, to $5,236,230, for year two with no change to the period of March 1, 2022 through March 1, 2025.
2. Designate the Public Defender to execute the grant agreement amendment and any subsequent non-substantive amendments, on behalf of the County, subject to review by County Counsel.
3. Direct the Public Defender to transmit all amendments in relation to this grant agreement to the Clerk of the Board of Supervisors within 30 days of execution.
(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). This grant amendment award, in the amount of $2,603,224, augments the existing grant award received in 2021-22 of $2,633,006, for a total of $5,236,230 for the grant period of March 1, 2022 through March 1, 2025. The grant funds the Public Defender’s (Department) Second Chance Program (Program) and is administered by the California Board of State and Community Corrections (BSCC). The grant fully funds one year of salaries and benefits for the following contract positions: six Deputy Public Defender IV, three Office Assistant III, four Paralegal and one Mitigation Specialist in the amount of $2,217,510. Existing regular Public Defender staff will continue to supervise the program. The grant will also fund services and supplies in the amount of $107,892; travel and training expenses in the amount of $17,500; and indirect costs of $260,322. The grant does not have a local match requirement though it does contain a supplanting prohibition, which requires the grant funds to be allocated to new programs or to augment existing programs.
The Program budget (491-2753) has adequate appropriation and revenue for the 2022-23 program requirements. Adequate appropriations will be included in the Department’s 2023-24 recommended budget.
BACKGROUND INFORMATION
California Senate Bill 129 Budget Act of 2021 appropriated $49,500,000 for the Public Defense Pilot Program to provide each county supplemental indigent defense funding to effectuate legislative reforms in criminal sentencing and parole, as well as a responsible approach to decarceration. The Department created the Program to pursue claims on behalf of indigent clients serving extreme sentences; resentencing on behalf of indigent clients currently sentenced on designated homicide, attempted homicide and manslaughter cases; represent youthful offenders entitled to reconsideration of their currently imposed criminal sentence; and expertly pursue mitigation at the earliest opportunity in currently charged youthful offender cases.
On January 11, 2022 (Item No. 24), the Board of Supervisors (Board) approved and authorized the submission of a grant application to the California Board of State and Community Corrections (BSCC) in the amount of $2,633,006 for the Program in support of State Legislature initiatives related to resentencing and parole reform for indigent clients.
On February 11, 2022, the Department received notice of the award from BSCC in the amount of $2,633,006 for the period of March 1, 2022 through March 2025. On April 12, 2022 (Item No. 27), the Board approved Grant Agreement No. 22-260 with BSCC in the amount of $2,633,006 to fund the Program.
On August 9, 2022 (Item No. 31), the Board approved four employment contracts (one Mitigation Specialist and three Office Assistant III positions) to support the Program. On September 27, 2022 (Item No. 39), the Board approved two employment contracts (one Paralegal position and one Deputy Public Defender IV) to support the Program. On October 25, 2022 (Item No. 54), the Board approved two employment contracts (two Paralegal positions) to support the Program.
On December 5, 2022, the Department submitted Grant Application - Year Two to BSCC in the amount of $2,603,224 for the Program. Per County Standard Practice 05-13 SP1, the Department requested and received approval to submit the application from the Chief Executive Officer on December 2, 2022.
On January 17, 2023, the Department received notice that while the 2023-24 Proposed State Budget eliminated funding for Year Three of the grant, funds allocated for Year One and Year Two could be used through the original grant period ending March 1, 2025.
On March 3, 2023, the Department received notice of the award for Year Two of the grant from BSCC in the amount of $2,603,224 for the period of March 1, 2022 through March 1, 2025.
Due to ongoing challenges with recruiting qualified staff, the Department expects to utilize Year One and Year Two grant funds for the full grant period.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Bonnie Uphold, Supervising Deputy County Counsel, 387-5455) on March 6, 2023; Auditor-Controller/Treasurer/Tax Collector (Vanessa Doyle, Chief Deputy Controller, 382-3195) on March 6, 2023; Finance (Carl Lofton, Administrative Analyst, 387-5404) on March 6, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on March 6, 2023.