Title
Probation Department recommending the Board:
1) Adopt and authorize the Chair to sign retroactive revenue Memorandum of Understanding (MOU) 8912 between the El Dorado County Probation Department and Superior Court of California, County of El Dorado, regarding California Senate Bill 129 (2021), for the period of July 1, 2024, through June 30, 2027 passing through $163,813 to Probation to provide pretrial release services; and
2) Authorize the Chief Probation Officer and Deputy Chief Probation Officer to execute further documents relating to the MOU, including amendments which do not increase the maximum dollar amount or term of the MOU, contingent upon approval by County Counsel.
FUNDING: State Funding - Judicial Council of California. (100%)
Body
DISCUSSION / BACKGROUND
California Senate Bill 129 - Budget Act of 2021 (SB 129), was signed by Governor Newsom on July 12, 2021. SB 129 appropriated $140 million to the Judicial Council of California to fund the implementation and operation of ongoing court programs and practices that promote safe, efficient, fair, and timely pretrial programs. The funding is intended to provide courts with information and resources to support judicial officers in making pretrial release decisions that impose the least restrictive conditions to address public safety and return to court as well as implementation of appropriate monitoring practices and provision of services for released individuals.
SB 129 requires courts to contract with any county department, including probation departments, to provide pretrial release services. Services may include improving support provided to justice-involved individuals (JII), incorporating monitoring for JIIs eligible for mental health pretrial diversion, participation in the County’s Mental Health Diversion (MHD) Program, and improving access for JIIs to contact and work with Probation staff to assist them in fulfilling their legal obligations.
The Probation Department (Probation) will receive $163,813 from the Superior Court of California, County of El Dorado (Court), for the period of July 1, 2024, through June 30, 2025. For the period covering July 1, 2025, through June 30, 2027, the Court shall pay Probation an amount not to exceed seventy percent (70%) of the funding appropriated to Court annually by the California Legislature for eligible expenditures. This amount will be made known to Probation upon the Court’s notification of each subsequent years’ allocation.
Probation provided a draft Memorandum of Understanding (MOU) to the Court on April 30, 2024, pending a current funding amount. Funding for FY 2024-25 was received by the Court on June 4, 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 July 1, 2024, and expires on June 30, 2027.
Probation has completed all tasks outlined in the MOU which predate execution of the retroactive agreement.
ALTERNATIVES
The BOS could choose to decline the revenue from the Court for the identified services. Probation would seek to provide support out of General Fund revenue in the FY 2024-25, and subsequent, Budget Years.
PRIOR BOARD ACTION
12/13/2022 Legistar file 22-1744
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.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1. Clerk of the Board to obtain the signature of the Chair on two originals of MOU 8912.
2. Clerk of the Board to return one fully executed original of MOU 8912 to the Probation Department for final processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Jackie S. Cook, Administrative Analyst, 530-621-5588