Agenda

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C. 33

To:	Board of Supervisors
From:	Ellen McDonnell, Interim Public Defender
Date:	March 22, 2022

Contra

Costa

County

Subject:

Establish one Legal Assistant-Project & add 10 various positions for the Public Defenders Post-Conviction Relief Pilot Program

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/22/2022

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:	Erica Ellis Zielinski, (925) 335-8093
cc:	Erica Ellis Sylvia WongTam

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: March 22, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Position Adjustment No. 25910 to establish the class of Legal Assistant-Project (2Y71) (represented) at salary plan and grade ZB5 1337 ($5,092 - $6,189); and add three (3) full-time Legal Assistant-Project (2Y71) (represented) positions at salary plan and grade ZB5 1337 ($5,092 - $6,189); add two (2) full-time Intermediate Clerk-Project (99J3) (represented) positions at salary plan and grade QH5 0946 ($3,562 - $4,330); add four (4) full-time Deputy Public Defender - Fixed Term (25WB) (represented) at salary plan and grade JDX 2197 ($8,685 - $9,336); and one (1) full-time Administrative Services Assistant III- Project (APT1) (represented) at salary plan and grade ZB5 1631 ($6,812 - $8,280) in the Public Defenders Office.

FISCAL IMPACT:

The estimated total annual cost to add the 10 positions is $1,261,811. The total estimated cost for FY 2021-22 is $420,604. 100% of the funding for these 10 positions is provided by the California Board of State and Community Corrections (BSCC). There is no local match.

BACKGROUND:

The Public Defenders Office represents indigent individuals charged with crimes in local criminal courts. Over the last several years, various legal reforms have been enacted for the purpose of rectifying inequitable sentences and promoting just outcomes in the criminal justice system. The Budget Act of 2021 (Senate Bill 129) established the Public Defense Pilot Program, and funds were allotted to support indigent defense providers. The statutory provisions included in this pilot program include various laws providing for post-conviction relief.

The Contra Costa County Post-Conviction Relief Pilot Project will dramatically expand access to post-conviction relief services for indigent individuals in Contra Costa County. This project will fund an expansion of the post-conviction unit at the Public Defender and Alternate Defender Offices and will enable many eligible individuals to receive critical legal relief provided by recently enacted reforms in the areas of immigration vacatur, felony murder resentencing, youthful offender parole, and prosecutor-initiated resentencing. Multi-disciplinary teams will work to rectify inequitable unlawful convictions sentences and to promote just outcomes for these individuals.

In order to support the expansion of the department’s Post-Conviction Unit, the following 10 positions are requested in this action:

1) 2.0 FTE Intermediate Clerk-Project positions. These positions will open and maintain program client files, prepare client correspondence, file legal pleadings, and provide administrative support for caseloads under all four Penal Codes.

2) 3.0 FTE Legal Assistants-Project positions. These positions will assist with client intake interviews, locate and review case records, and provide support to the attorneys with legal tasks. One Legal Assistant will be stationed at our Alternate Public Defender's Office (ADO) and be responsible for all four Penal Codes. The other two Legal Assistants will split the caseloads from the four Penal Codes.

3) 1.0 FTE Administrative Services Assistant III-Project position. This position will act as the project administrator overseeing financial management and compliance, data analysis and reporting, and communication for the whole project.

4) 4.0 FTE Deputy Public Defender - Fixed Term positions. These attorney positions will represent clients eligible for post-conviction relief in the areas outlined by the grant. One attorney will be stationed at the ADO and cover clients under all four Penal Codes. Three attorneys will be stationed at our main office and split the four Penal Codes amongst each other.

CONSEQUENCE OF NEGATIVE ACTION:

If unapproved, the Office of the Public Defender will not have adequate resources to address the large volume of requests to represent individuals eligible for relief under the Public Defense Pilot Program, and will not be able to participate in the Post-Conviction Relief Pilot Program.

CHILDREN'S IMPACT STATEMENT:

No impact.