Agenda

Return

C. 37

To:	Board of Supervisors
From:	Diana Becton, District Attorney
Date:	June 21, 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: 06/21/2022

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:

Jason Chan, (925) 957-2234

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: June 21, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE Appropriation and Revenue Adjustment No. 5063 authorizing new revenue from the California Board of State and Community Corrections in the amount of $1,300,000 to the District Attorney's Office for the Resentencing Pilot Program.

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, through the California Board of State and Community Corrections. $1.3 million in one-time funds has been provided to the Contra Costa District Attorney's Office for the Resentencing Pilot Program and was recieved in February 2022. $250,000 is restricted to use by a community based organization. Any unspent funds will need to be carried forward to FY 22/23.

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. $750,000 was provided to the Contra Costa County Public Defender and $1.3 million was provided to the District Attorney.

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. 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. A local community-based organization will receive $250,000 over the course of the program.

CONSEQUENCE OF NEGATIVE ACTION:

If unapproved, the program would not be implemented and the associated funds will be required to be returned to the state.