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C. 42
To: Board of Supervisors
From: Robin Lipetzky, Public Defender
Date: February  9, 2016
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Grant Award(s) from the California Endowment and the San Francisco Foundation supporting Proposition 47 Defense Outreach

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   02/09/2016
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:
John Gioia, District I Supervisor
Contact: Richard Loomis, (925) 335-8093
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     February  9, 2016
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and accept grants in the total amount of $73,503 from the San Francisco Foundation and the California Endowment for the Proposition 47 Outreach program.  

FISCAL IMPACT:

These grants will fund the salary and statutory benefit charges for three (3) temporary clerks, for a six-month period beginning February 2016. There is no requirement for matching funds by the County, and these grants will not increase Net County Cost. Anticipated grant revenues to be received and expended are, as follows:   
  

FY 2015-16 = $50,000  

FISCAL IMPACT: (CONT'D)
FY 2016-17 = $23,503  

BACKGROUND:

Reflecting a growing movement for justice reform, California voters overwhelming passed Proposition 47, which reclassifies some "non-serious and nonviolent" property and drug crimes from felonies to misdemeanors. The provisions of this new law terminate in November 2017, which provide Defense Counsel with a limited period of time to identify, locate, and provide legal services to eligible defendants.  
  
By prioritizing an aggressive community outreach strategy in partnership with local community-based organizations and other government departments, the Public Defender's Office has become a statewide leader in Proposition 47 work. The department's efforts have resulted in the swift release of eligible persons from incarcerations, reductions for all known eligible felony probationers (more than 1,000 defendants) and the filing of resentencing and reclassification petitions in approximately 2,000 cases.  
  
There are reclassification provisions in Proposition 47 allowing for the reduction of prior felony convictions retroactively. According to data received from the County's Department of Information Technology, between 10,000 to 15,000 convictions are potentially eligible for reclassification. Despite our Department's commitment to this work, given the limitations of our existing staffing, at the current rate of outreach, application and filing, we expect to identify, solicit and process only 40% of the estimated 10,000 (or more) eligible cases in Contra Costa County, prior to the November 2017 statutory deadline.  
  
Solicitation of supplemental funding from non-profit foundations has resulted in the award of $73,503 to augment the public funding commitment to this important work.  
  
Through the Proposition 47 Outreach Program, three (3) temporary clerical positions will work under the supervision of a Deputy Public Defender to accelerate the Proposition 47 activities already underway. The job duties include: client intake, review of closed cases, drafting and filing of petitions, preparing files for hearings, client communications and notification and conducting outreach events throughout the County. The program is to be funded by the San Francisco Foundation and the California Endowment.  

CONSEQUENCE OF NEGATIVE ACTION:

The Office of the Public Defender will experience difficulty in fully implementing the mandates of Proposition 47 for the residents of Contra Costa County.

CHILDREN'S IMPACT STATEMENT:

None.

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