Title
Probation Department recommending the Board:
1) Adopt and authorize the Chair to sign retroactive revenue Memorandum of Understanding (MOU) 9358 between the El Dorado County Probation Department and Superior Court of California, County of El Dorado, for the period of December 1, 2024, through May 15, 2028, to provide Firearm Relinquishment Grant program services;
2) Accept the Firearm Relinquishment Grant funds in the amount of $141,035; and
3) Authorize the Chief Probation Officer or Deputy Chief Probation Officer to execute further documents relating to the MOU, including amendments which do not increase net county cost or the term of the MOU, contingent upon approval by County Counsel.
FUNDING: State Funding - Judicial Council of California.
Body
DISCUSSION / BACKGROUND
California Assembly Bill 178 - Budget Act of 2022 (AB 178), provides funding to counties for courts to establish a court-based firearm relinquishment grant. Funding to state courts is provided by the California Judicial Council (Council). AB 178 requires courts to contract with at least one law enforcement agency located within the county for activities that cannot reasonably and safely be conducted by the court. The programs must ensure the consistent and safe removal of firearms from individuals who become prohibited from owning or possessing firearms and ammunition pursuant to court order. Permissible activities for the grant funding include:
1) Processing cases, providing assistance with completing forms, conducting compliance hearings, making referrals to prosecuting agencies and law enforcement, and coordinating the relinquishment of firearms and weapons pursuant to criminal or civil court orders.
2) Processing and serving court orders, informing individuals how they may relinquish their firearms and ammunition, investigating whether they have been relinquished, and removing them where necessary.
3) Consulting and updating firearms-related systems, including the Automated Firearms System, as well as reporting firearm disposition information to the Department of Justice.
4) Collecting data and reporting information as required by the Judicial Council.
5) Regional planning, coordination, or collaboration with neighboring courts, law enforcement, or other partners.
6) Any activities associated with implementing Chapter 685 of the Statutes of 2021.
The Probation Department (Probation) will receive $141,035 from the Court, for the period of December 1, 2024, through May 15, 2028. Probation project activities that will be funded by the Court include overtime hours for a Deputy Probation Officer who will be responsible for aiding in organizing and conducting community outreach events, gathering and submitting necessary relinquishment data, and collaborating with partners in the planning stage and engaging in relinquishment training.
On December 3, 2024, the Council approved funding to the Court. On December 24, 2024, the Council notified the Court that the Inter-Branch Agreement between the Council and the Court would be ready for execution within the next two weeks. Any time after that date, this MOU 9358 could be executed between the Court and Probation. The Court provided a draft MOU to Probation on December 26, 2024. Probation replied to the Court on January 15, 2025, with updates to the draft. The Court provided an updated document to Probation on January 23, 2025, and the document was progressed through its approval process as expediently as possible. The Court’s desired period of performance and reporting period begin date is December 1, 2024.
As the Court does not bring items to the El Dorado County Board of Supervisors, Probation is bringing the item to the Board at the earliest opportunity. The MOU is retroactive to December 1, 2024, and expires on May 15, 2028.
Probation has completed all tasks outlined in the MOU which predate execution of the retroactive agreement.
ALTERNATIVES
The Board could choose to decline the revenue from the Court for the identified services. The Court would have to return any unused funds to the State.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Superior Court of California, County of El Dorado; County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
No change to Net County Cost. State funding will reimburse Probation for the pretrial services provided for in the MOU, and the revenue is included in Probation's FY 2024-25 budget, and will be included in future budgets until the end of the MOU term.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board to obtain the signature of the Chair on two originals of MOU 9358.
2) Clerk of the Board to return one fully executed original of MOU 9358 to the Probation Department for final processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Jackie S. Cook, Administrative Analyst, 530-621-5588