Title
Public Defender's Office recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 172-2026, to approve the addition of 0.4 full-time equivalent Paralegal I/II to the Public Defender's authorized allocations; and
2) Approve and authorize the Chair to sign a Fiscal Year 2026-27 Budget Transfer increasing Revenue and Salaries and Benefits by $33,500.
FUNDING: The State Bar of California Community Assistance, Recovery, and Empowerment Court Program.
Body
DISCUSSION / BACKGROUND
In 2022, Senate Bill 1338 was enacted, creating the Community Assistance, Recovery, and Empowerment (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 Court 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 Court 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. We are anticipating receiving an additional $80,000 for year two of the current funding cycle.
The Public Defender is requesting to add an additional 0.4 full-time equivalent (FTE) Paralegal I/II allocation to support CARE Court programmatic activities. CARE Court is a newer program for the state, and petitions are anticipated on increase. The Paralegal position will review cases for eligibility for specialty courts, perform legal research, collect data for grant reporting, coordinate client services and case management, and prepare motions and legal documents as needed.
Increasing the Public Defender's Paralegal I/II allocation by 0.4 FTE will allow the department to convert their existing 0.6 FTE Paralegal I/II position to 1.0 FTE. The 0.6 FTE Paralegal I/II was already included in the Public Defender's Position Allocation, and is funded by the State of California Department of Health Care Services Opioid Settlement Disbursement Fund. If State funding for this position is not allocated in future fiscal years, the Department will reassess the necessity of the position during the annual budget process.
The Budget Transfer records the anticipated salary and benefit costs for the remainder of Fiscal Year 2026-27 for the 0.4 FTE Paralegal I/II and records the anticipated CARE Court offsetting revenue.
ALTERNATIVES
The Board could decline to adopt the Personnel Allocation Resolution and associated budget transfer. This would prevent the change to the position and necessary support for the CARE Court program.
PRIOR BOARD ACTION
Legistar file 25-1960 - 12/09/2025 - Board approved extension of CARE Court Program from July 1, 2025 through June 30, 2028.
Legistar file 25-1078 - 06/24/2025 - Initial acceptance of CARE Court funding for the period of October 1, 2024, through January 1, 2026.
Legistar file 26-0326 - 03/23/2026 - Board approved Opioid Abatement funding and plan for the Public Defender.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Human Resources Department
El Dorado County Employees' Association, Local 1
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no impact to the County General Fund. All costs associated with the increased salary and benefit appropriations will be fully funded through the CARE Court program.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Obtain the Chair's signature on the Resolution.
2) Forward a copy of the executed Resolution to Heather Andersen in Human Resources.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Teri Monterosso, Chief Public Defender