Adopt resolution granting the Public Defender approval to accept the Public Defense Pilot Program Funding approved by the Board of State and Community Corrections in the amount of $289,129 for a grant period of March 1, 2022, through March 1, 2023; authorize the Public Defender to execute the grant award agreement including all amendments or extensions; and adopt a budget resolution to increase the Public Defender's budget for 2021-22 by $289,129. (No general fund impact) (4/5 vote required) (Olson)

1. Authorize the Public Defender to accept a grant award from the Board of State and Community Corrections (BSCC) in the amount of $289,129;
    
2. Adopt a resolution, as required by the BSCC, to receive the grant;
    
3. Authorize the Public Defender to sign any documents related to the grant, including any agreements, amendments, or extensions, through the program period, subject to prior approval by the Office of the County Counsel; and 
    
4. Adopt budget resolution to increase the Public Defender’s budget for FY 2021-22 by $289,129.

Safe Communities

The Budget Act of 2021 (Senate Bill 129) established the Public Defense Pilot Program. Public Defense Pilot Program funds must be utilized 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 1170.95, 1473.7, and 3051 of, the Penal Code.

For Fiscal Year (FY) 2021-22, the Budget Act appropriated $50,000,000 for the Public Defense Pilot Program of which $49,500,000 is available for California counties and $500,000 is available for administrative costs and for an independent evaluation. Of this, $289,129.27 is allocated to Yolo County. The allocations are based on the percent of the state's adult population. In addition to the FY 2021-22 allocation, the BSCC anticipates similar appropriations in FY 2022-23 and 2023-24 subject to future appropriations, it is anticipated that a total of $148,500,000 will be available to counties. The funds are restricted and may only be used to augment, not supplant, services to criminal defendants. None of the funding shall be considered part of a county's general fund or used for a general county purpose.

Grant funds will be used to augment staffing at the Yolo County Public Defender's Office by adding a part-time attorney, a full-time legal process clerk and contracted mitigation specialists to clear the backlog of clients in need of Youth Offender Parole (YOP) reports, identify and prepare cases for potential re-sentencing under Penal Code section 1170(d), conduct community outreach to identify individuals eligible for Penal Code section 1473.7 relief, and support the work already in progress to implement Penal Code section 1170.95. Grant funds will augment support services available to the conflict panel attorneys through contracted mitigation specialists to prepare YOP reports and prepare 1170(d) candidates for re-sentencing. Limited funds will be used to offset ancillary costs, to include the purchase of equipment, obtaining records, and travel. Lastly, funds will be set aside to provide support to persons who are transitioning from incarceration to the community.

A resolution from the Board of Supervisors is required for the Public Defender to enter into a Grant Award Agreement for the Public Defense Pilot Program and to accept funding from BSCC.

The grant funding was made possible with collaboration with the California Public Defender’s Association, the Office of the State Public Defender, and other agencies. Once the grant funding is received the program will collaborate with the District Attorney’s Office, Probation and Community Based Organizations

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