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 $261,827 for a grant period of March 1, 2024, through December 31, 2026; and authorize the Public Defender to execute the grant award agreement including all amendments or extensions (No general fund impact) (Olson)

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, and Sections 1170.95, 1473.7, and 3051 of, the Penal Code.

For Fiscal Year 2024-25, $261,827 is allocated to Yolo County, and funds must be spent by December 31, 2026. The allocations are based on the percent of the state's adult population. Funds are restricted and may only be used to augment, not supplant, services to criminal defendants.  Funding shall not be considered part of a county's general fund or used for a general county purpose.  While this is the third and final year of this grant program, the Board of State and Community Corrections (BSCC) has indicated that if there are unapplied for or unspent funds remaining after the March 2025 end of the program, counties may be able to apply for additional funding. The Public Defender's Office will be closely following this potential additional funding source with the intention of securing additional monies if at all possible. 

In prior years, grant funds were used to augment staffing at the Yolo County Public Defender's Office to clear a 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. Limited funds have also been used to offset ancillary costs, including the purchase of equipment, obtaining records, and travel. Funding has also been utilized 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 through collaboration with the California Public Defenders Association, the Office of the State Public Defender, and other agencies/organizations. Once the grant funding is received, the program will collaborate with the District Attorney’s Office, Probation and Community Based Organizations as appropriate.

The Department of Financial Services and County Counsel have assisted in preparation of this staff report and associated documents.