Agenda

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C. 25

To:	Board of Supervisors
From:	Ellen McDonnell, Interim Public Defender
Date:	February 1, 2022

Contra

Costa

County

Subject:

Appropriation Adjustment for FY21-22 for the AB 145 Resentencing Pilot Program

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/01/2022

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Joanne Sanchez 925-335-8065

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 1, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE Appropriation and Revenue Adjustment No. 5028 authorizing new revenue in the amount of $750,000 in the Public Defender's Office, for the Resentencing Pilot Program, awarded by the California Board of State and Community Corrections.

FISCAL IMPACT:

This action will provide revenue to fund the Resentencing Pilot Program in Contra Costa County. This program is 100% funded by the state.

BACKGROUND:

In accordance with Assembly Bill 128, The Contra Costa County District Attorney and Public Defender's Offices will cumulatively receive $2,050,000 for its participation in the 3-year California County Resentencing Pilot Program (CCRPP). The CCRPP is a collaborative approach to further prosecutor initiated resentencing efforts for those incarcerated in California’s state prisons. The County Resentencing Program requirements are set forth in Penal Code section 1170.01, which was added by Assembly Bill 145.

BACKGROUND: (CONT'D)

Funding appropriated through the State of California Board of State and Community Corrections will ensure that public defenders, district attorneys, and community-based organizations are able to work together to safely release people serving unjust and excessive prison sentences, and to assist them with reentering the community. The District Attorney will exercise its discretion under PC 1170(d)(1), and evaluate the collaborative approach to conducting Prosecutor-Initiated Resentencing. They will add one (1) Deputy District Attorney-Basic and one (1) Legal Assistant to perform these new functions. The Public Defender's Office will ensure the representation and support of incarcerated persons under consideration for resentencing, and provide input to reentry and release plans to the District Attorney’s Office. They will add one (1) Deputy Public Defender-Fixed Term and temporarily employ a Law Clerk III to perform the duties related to these functions. The community-based organizations will help individuals re-enter the community with support services.

The District Attorney's Office will receive a majority of the funding, $1,050,000 in total to fund the office’s participation in the pilot. The Public Defender’s Office will receive $750,000, and a local community-based organization will receive $250,000 over the course of the program.

CONSEQUENCE OF NEGATIVE ACTION:

If unapproved, appropriations and revenues will not be property reflected in the budget.