Consent-Law & Justice Services # 23.
Board of Supervisors
Public Defender
- Meeting Date:
- 01/23/2024
- Brief Title
- Racial Justice Act Grant Funding from Office of the State Public Defender
From:
Tracie Olson, Public Defender, Public Defenders Officer
Staff Contact:
Laura Liddicoet, Chief Budget Official, Department of Financial Services, x8825
Supervisorial District Impact:
Countywide
Subject
Authorize the Public Defender to accept the Racial Justice for All Grant Funding approved by the State Office of the Public Defender in the amount of $300,000 for a grant period of February 15, 2024 through February 15, 2026; and adopt a budget resolution to increase the Public Defender's budget for 2023-24 by $300,000. (No general fund impact) (4/5 vote required) (Olson)
Recommended Action
-
Authorize the Public Defender to execute a grant award agreement, including all amendments or extensions, related to the Racial Justice for All Grant Funding approved by the State Office of the Public Defender in the amount of $300,000 for a grant period of February 15, 2024 through February 15, 2026;
-
Adopt a budget resolution to increase the Public Defender's budget for 2023-24 by $300,000.
Strategic Plan Goal(s)
 |
Safe Communities |
Reason for Recommended Action/Background
In 2021, a new California law called the “Racial Justice Act” (RJA) went into effect. The law states, “The state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin.” In September 2022, an amendment called the “Racial Justice for All Act,” permits individuals who were sentenced for criminal convictions or juvenile adjudications prior to January 1, 2021, to seek relief for RJA violations. The retroactivity provision will come in the following stages:
- January 1, 2023, people sentenced to death or facing possible immigration consequences like deportation;
- January 1, 2024, people in prison, in a county jail serving a sentence for a felony conviction, or in the Division of Juvenile Justice (DJJ);
- January 1, 2025, people no longer incarcerated, but with a felony conviction or a juvenile case that resulted in commitment to DJJ entered after 2015;
- January 1, 2026, anyone with a felony conviction or a juvenile case that resulted in commitment.
There are four pathways to RJA relief. Two pathways govern more overt forms of bias or discrimination, and apply when someone important to the case, like a district attorney, defense attorney, expert witness, juror, or judge said biased or racist things or acted in a way that was biased or racist, either inside or outside of the courtroom. The other two pathways apply when there are disparities between racial groups in charging, conviction, or sentencing. For example, if two groups of people of different races allegedly committed similar conduct, but one racial group was either charged with more serious crimes, convicted more often, or sentenced to longer terms, RJA could offer them relief. The disparities need not be caused by intentional bias.
Yolo County's population by race is 46% white, 32% Hispanic or Latino, 15% Asian, 4% Other, and 3% Black. According to CDCR records, as of November 2023, 488 individuals were serving a controlling state prison sentence from the County of Yolo. No less than 199 were Hispanic (41%) and 109 were Black (22%). Initial attempts to verify the race of those in CDCR's "Other" category reveal that many are Hispanic. As of August 31, 2023, of those serving a controlling state prison sentence from the County of Yolo, 19 were serving a third-strike sentence: 1 was white (5%), 10 were Hispanic (53%), 1 was Other (5%), and 7 were Black (37%). Another 118 persons were serving a second-strike sentence; 32 were white (27%), 40 were Hispanic (34%), 11 were Other (9%), and 35 were Black (30%). These disparities between Yolo County's race demographic and those serving prison sentences require further investigation to determine whether incarcerated individuals are entitled to RJA relief.
Because the RJA essentially created an unfunded mandate, the 2023-2024 Budget Act allocated local assistance funds to the Office of the State Public Defender to aid in its implementation. The Yolo County Public Defender’s Office is one of seven applicants awarded funds through a competitive grant process. Specifically, the Public Defender’s Office was awarded $300,000 to cover a 24-month service period. The Public Defender’s Office will use awarded funds to strengthen its ability to pursue justice for those harmed by express or implied racial bias and discrimination in the local criminal legal system.
This grant project will add an attorney to the office's post-conviction unit to provide direct representation to persons regarding potential or actual RJA claims that arise through writs of habeas corpus on or after January 1, 2024 (the effective date of this law). The RJA grant attorney will file writs or accept appointment from the court under Penal Code 1473(f). To comply with grant parameters, the office's current RJA litigation related to resentencing cases will remain with the currently assigned post-conviction attorney and not be transferred to the new RJA attorney. Likewise, to comply with grant parameters, pending or future RJA litigation related to unresolved cases will not be transferred or assigned to the new RJA grant attorney. Rather, the new RJA attorney will be tasked solely with handling RJA litigation that arises through writs of habeas corpus and building the office's overall capacity in this area of litigation. Financial sustainability for post-grant RJA litigation will be enhanced through utilizing Penal Code section 4750(c), which allows for reimbursement from the state of costs associated with "[a]ny hearing on any return of a writ of habeas corpus prosecuted by or on behalf of a prisoner," and which would include Racial Justice Act writs.
Funds received from this grant cannot supplant existing staff or programming. A limited-term Deputy Public Defender was included in the Human Resources Compensation Item on this agenda. The position will be funded with these grant dollars, and will expire at the conclusion of the grant.
Collaborations (including Board advisory groups and external partner agencies)
Department of Financial Services, County Administrators Office, Human Resources
Competitive Bid Process/Vendor Performance
N/A
Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $ 300,000
- Amount budgeted for expenditure:
- $ 0
- Additional expenditure authority needed:
- $ 300,000
- One-time commitment:
- Yes
Source of Funds for this Expenditure
- Grant Funding
- $300,000
Further explanation as needed:
The Office of the State Public Defender has awarded the Yolo County Public Defender's Office $300,000 to address issues of racial equality under expansion of the Racial Justice Act. There is no general fund impact related to accepting these funds.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Tracie Olson | Tracie Olson | 01/10/2024 07:53 AM |
| Financial Services (Originator) | Laura Liddicoet | 01/10/2024 10:11 AM |
| Tracie Olson | Laura Liddicoet | 01/10/2024 02:38 PM |
| Financial Services (Originator) | Laura Liddicoet | 01/12/2024 07:25 AM |
| Tracie Olson | Tracie Olson | 01/12/2024 01:40 PM |
| Financial Services (Originator) | Laura Liddicoet | 01/16/2024 08:09 AM |
| County Counsel | Hope Welton | 01/16/2024 10:33 AM |
| Berenice Espitia | Berenice Espitia | 01/16/2024 10:53 AM |
- Form Started By:
- Laura Liddicoet
- Started On:
- 01/05/2024 08:15 AM
- Final Approval Date:
- 01/16/2024