Title
Public Defender recommending the Board:
1) Approve and authorize the Public Defender to sign the Funding-In Agreement with the State Bar of California, which provides funding to the County through the Community Assistance, Recovery, and Empowerment (CARE) Court program, in the amount of $80,000, for the service period of July 1, 2025, through June 30, 2028, and the first annual funding period of July 1, 2025, through January 1, 2027, contingent upon approval by County Counsel; and
2) Delegate authority to the Public Defender to execute future amendments related to this agreement that do not increase Net County Cost, contingent upon County Counsel and Risk Management approval, as applicable, and subsequent administrative documents or required fiscal or programmatic reports.
FUNDING: The State Bar of California CARE Court Program.
Body
DISCUSSION / BACKGROUND
In 2022, Senate Bill 1338 was enacted, creating the CARE Court Program. In 2024, Assembly Bill 107 was enacted, allocating $16,750,000 in CARE Court Funding to be distributed by the Judicial Council of California through the State Bar. Funds have been made available to County Public Defender Offices to provide qualified legal services and projects related to CARE Act initiatives.
The State Bar of California offered the El Dorado County Public Defender's Office $60,000 in funding for the initial period of October 1, 2024, to January 1, 2026 to represent respondents in CARE Act proceedings. The Public Defender's Office had been tracking labor and expenses related to CARE Court activities, and with the acceptance of the original funding agreement, was able to begin using the funding to recognize revenues to offset general fund program expenses for qualifying cases.
In 2025, Assembly Bill 102 (AB 102) was enacted, allowing $15,750,000 in CARE Court Funding to be distributed by the Judicial Council of California through the State Bar for the service period of July 1, 2025, through June 30, 2028, with the first annual funding period of July 1, 2025, through January 1, 2027. While the updated agreement between the County and the State Bar of California is a three-year funding agreement, the annual California Budget Act and the Fee Schedule Act provide for annual funding during the service period. As such, funding is not guaranteed for years two and three unless/until a statute has authorized it. The Public Defender's funding amount for the first year of this new three-year agreement is $80,000 and is available for CARE Court expenses expended or encumbered until January 1, 2027.
ALTERNATIVES
The Board could choose to not approve the CARE Court funding and the Public Defender would be ineligible to receive additional funding for the program.
PRIOR BOARD ACTION
06/24/2025 Legistar file 25-1078 - Initial acceptance of CARE Court funding for the period of October 1, 2024, through January 1, 2026.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Applicable CARE Court related labor costs and other allowable expenses would be eligible for reimbursement through this program. Any funds not reported for CARE Court proceedings will be returned.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Teri Monterosso, Public Defender