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Home My WebLink AboutMINUTES - 06151993 - 1.57 TO: BOARD OF SUPERVISORS /,�•-, FROM: PHIL BATCHELOR County Administrator DATE: June 15, 1992 SUBJECT: CONTINUED PROVISION OF CONFLICT INDIGENT DEFENSE SERVICES Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATIONS: 1 . Accept report from the County Administrator on the status of the Contra Costa County Bar Association's Conflict Defense Program. 2. Authorize the County Administrator or his designee to execute a contract amendment with the Contra Costa County Bar Association (Contract #3167100) for conflict defense services, increasing the payment limit up to a maximum of $3,617,100 for the period July 1 , 1992 to June 30, 1993 and approve appropriation adjustment (APOO #5207) transferring already budgeted funds to effect this action. 3. Approve and authorize the County Administrator or his designee to execute, on behalf of the County, a contract with the Contra Costa County Bar Association for mandated conflict defense services, setting the payment limit at $2,068,000 for fiscal year 1993-94. 4. Direct the County Administrator to monitor the contract to determine if further cost reductions can be realized as a result of complete implementation of the Alternate Defender Office. FINANCIAL IMPACT: The 1992-93 contract amendment has no financial impact beyond that already planned for and budgeted in the FY 1992/93 budget. In June of 1992, before the budget was adopted, we conservatively estimated a payment limit for FY 1992/93 of $3,050,000 in order to proceed with the contract. It was anticipated at that time that the payment limit would be increased. The increase in the payment limit of this contract does not require additional funds to be appropriated. However, it should be noted that at any given time the Conflict Defense Program is behind in processing attorney claims for payment. Any unpaid claims remaining after a contract is closed out for any given fiscal year must, of course, be paid in the next fiscal year. CONTINUED ON ATTACHMENT: X YES Signature: X Recommendation of County Administrator Recommendation of Board Committee X Approve Other Signature(s): Action of Board on: June 15, 1993 Approved as Recommended X Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN XX Unanimous (Absent -- ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested: June 15, 1993 cc: CAO-Justice System Programs Phil Batchelor, Clerk of Contra Costa County Bar Association the Board of Supervisors Auditor-Controller and County Administrator Public Defender By: SCR 7a �c , DEPUTY Contract Amendment/Bar Association Page 2 .tune 15, 1993 The fiscal year 1993-94 contract provides for setting a payment limit of $2,068,000 as budgeted in the pending Proposed Budget. Changes in the 1993-94 contract which will take effect on July 1 , 1993, include: a cap on the number of out of court hours an attorney can bill on a capital case in any 12 month period; a limit that attorneys assigned to represent parents in W & 1 300 proceedings will only be paid by the Conflict Program through the first six month review hearing once the case has reached permanency planning; a new Attorney Fee Schedule which was reduced by 4.5%. (This represents a reversion to the fee schedule in effect for Fiscal Year 1989-90.) These changes in the contract and reductions in the fee schedule combined with reductions in conflict cases due to the Alternate Defender Office are anticipated to ultimately achieve annual savings in indigent defense in excess of $1 million. REASONS FOR RECOMMENDATION/BACKGROUND: In accordance with the direction of your Board to explore ways of reducing the costs for conflict defense, the County Administrator's Office authorized the Public Defender to proceed with an alternate defense unit within the Office. Changes in case law altered what is considered a conflict case. This has allowed the Public Defender to establish an alternative defense unit which is now handling most of the conflict cases which formerly were referred to the Bar Association's conflict program. As these conflict cases are increasingly handled within the Public Defender's Office, the number of cases referred to outside attorneys have decreased along with the greater associated cost. However, in order to maintain the alternate defense unit on a sound fiscal and legal basis, it is important to move in an orderly manner in handling increasing numbers and types of cases. Although cases referred to the Bar Association have decreased as the Public Defender's alternate defense unit handles an increasing number of cases, the Bar Association still is incurring costs to represent previously referred cases. These cases must be closed out before additional significant cost savings will occur. Most conflict cases are now handled by the Alternate Defender Office. Additional savings will be achieved when the active cases now in the system are closed. In FY 1991-92 there were 2,463 referrals to the Bar Association. In FY 1992-93, as of March 1993, there have been 411 referrals to the Bar. The Public Defender estimates that between 500 and 600 will be referred on an annual basis. The active caseload has dropped from 4,409 going into the fiscal year to 2,546 in March 1993. Based upon current caseload, it is estimated that, once active cases are paid off, that the annual savings in indigent defense due to the Alternate Defender Office will exceed $1 million. CONSEQUENCES OF NEGATIVE ACTION: If the recommended action is not approved, payments to the Bar Association cannot be made in 1993-94. The appointment and payment of private attorneys for conflict cases will revert to the court-appointed method used prior to the Bar Association contract. The 2,500 plus active cases and all new cases will be referred to the courts for appointment of defense counsel, at significantly increased costs to the County. Failure to utilize funds already appropriated in FY 1992-93 to increase the contract limit for this fiscal year simply means that the costs will shift to next fiscal year requiring an increased appropriation for conflict defense services. CONTRA bOSTA -COUNTY ^V FINAL APPROVAL NEEDED BY: APPROPRIATION ADJUSTMENT rqBOARD OF SUPERVISORS 1,67 T/C 2 7 COUNTY ADMINISTRATOR -CCOUNT CODING BUDGET UNIT: 0325 JUSTICE SYSTEM PROGRAM: 0248 CONFLICT DEFENSE SERVICES FATIIN EXPENDITURE — SUB-ACCOUNT EXPENDITURE ACCOUNT DESCRIPTION <DECREASE INCREASE too 100 3260 3580 Conflict Rep Augmentation 567,100 100 1 3248 23iO Profo,r4.onaj Specialized Services 567,100 00 TOTALS 567,100 100 567,100 ,00 APPROVED EXPLANATION OF REQUEST -ITOR-CONTROL LE R Dote Transfer appropriations to cover payments to contract #3167100. INTY//�MIN I S7ATOR Date ,RD OF SUPERVISORS �—Driscoll MAIII 6-2-93 Dote SIGNATURE APPROPRIATION TITLE DATE -A P Q 50407 ADJ JOURNAL NO,