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  Consent-Law & Justice Services    # 23.       
Probation  
Meeting Date: 12/07/2021  
Brief Title:    Probation-Court MOU for Pretrial Program Expansion
From: Dan Fruchtenicht, Chief Probation Officer, Probation Department
Staff Contact: William Oneto, Probation Division Manager, Probation Department, x5340

Subject
Approve Memorandum of Understanding with the Superior Court of California, County of Yolo, to allocate up to $969,554.66 in one-time Senate Bill 129 funding and $529,919.66 annually over the term of the agreement to expand the Yolo County Pretrial Release Program, effective July 1, 2021 through June 30, 2024. (No general fund impact) (Fruchtenicht/Oneto)
Recommended Action
Authorize the Chief Probation Officer to sign a Memorandum of Understanding (MOU) with the Superior Court of California, County of Yolo, to allocate up to $969,554.66 in one-time Senate Bill 129 funding and $529,919.66 annually over the term of the agreement to expand the Yolo County Pretrial Release Program, effective July 1, 2021 through June 30, 2024.
Strategic Plan Goal(s)
Safe Communities
Reason for Recommended Action/Background
Background
California Senate Bill 129 amended the Budget Act of 2021 to allocate $140,000,000 “to the Judicial Council to fund the implementation and operation of ongoing court programs and practices that promote the safe, efficient, fair and timely pretrial release of individuals booked into jail. The purpose of this funding is to provide courts with information and resources to support: (a) judicial officers in making pretrial release decisions that impose the least restrictive conditions to address public safety and return to court; and (b) implementation of appropriate monitoring practices and provision of services for released individuals.” 
 
SB 129 requires the Judicial Council of California to distribute this funding to 58 California courts and county supervision agencies, providing them with the resources necessary to assist judicial officers in making pretrial release decisions based on the least restrictive conditions, while ensuring public safety.  County supervision agencies and community-based organizations, that counties might contract with for pre-trial services, are required to implement appropriate monitoring practices and pretrial services programs for released individuals.
 
Reason for Recommended Action
The purpose of this MOU is to outline the agreement between the Probation Department and the Court for the expansion of the Yolo County Pretrial Release Program with funding from the Judicial Council of California, beginning July 1, 2021 through June 30, 2024. The expanded program, summarized below and further outlined in Exhibit A of the MOU, aims to provide a pretrial alternative to bail that permits the safe and efficient release of arrestees before trial using the least restrictive monitoring practices possible while protecting public safety and ensuring court appearances.  
 
Senate Bill 129 offers an opportunity for either the creation or expansion of on-going pretrial services with additional State funding (note: SB 129 funding may not supplant funding already dedicated to pretrial services). The allocation for the Yolo County Probation Department is a one-time amount of $969,554 and an annual amount of $529,920, neither of which is to be rolled over beyond June 30, 2024.  With the cost of a Deputy Probation Officer being approximately $140,000, this funding allows the Department's Pretrial Services Unit to grow by 4-6 staff, drawing down the yearly and one-time funding over the next three fiscal years (4 staff = $560,000 annually; 5 staff = $700,000 annually; 6 staff = $840,000 annually). Additionally, a 0.5 FTE clerical support position would be added to track data.
  • Year 1 SB129 (FY 2021-22) = 4 FTE Deputy Probation Officers added to Pretrial expansion
  • Year 2 SB129 (FY 2022-23) = 1 FTE Deputy Probation Officers added to Pretrial expansion
  • Year 3 SB129 (FY 2023-24) = 1 FTE Deputy Probation Officers added to Pretrial expansion
  • Years 1,2,3 SB 129 (FY 2021-24) = 0.5 of 1 FTE Clerical Support Staff
This increase in staff within and supporting the Pretrial Services Unit is intended to facilitate a 365-day operation to achieve the following objectives:
  • Increase the number of individuals assessed
    • Expanded program would have the capacity to conduct risk assessments on 100% of felony bookings with certain agreed upon exemptions
       
  • Reduce time spent in custody during pre-arraignment
    • Currently, time in custody prior to arraignment for those who do not post bail is 48-72 hours with no pre-arraignment release decisions made by a Judicial Officer while in custody
    • Expanded program would provide a pre-trial risk assessment score and a recommendation pre-arraignment to a Judicial Officer to facilitate a release decision within 12-18 hours of being booked
 See Attachment B for current data related to the Department's pretrial services.

The Judicial Council of California will consider the MOU on December 17, 2021.  Staff will return to the Board of Supervisors at a future date with a budget resolution to allocate the funds and a related staffing plan.
Collaborations (including Board advisory groups and external partner agencies)
Superior Court of California, County of Yolo; Public Defender; District Attorney
Competitive Bid Process
Not applicable.

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
One-time Funding: Court shall pay Probation up to $969,554.66 in one-time funding. These funds are available for encumbrance or expenditure for three fiscal years, until June 30, 2024.
 
Ongoing Funding: Court shall pay Probation $529,919.66. These funds must be encumbered or expended by June 30, 2022.  It is anticipated that this funding will be provided for future years, and that the amount will be the same.
Attachments
Att. A. Pre-Trial Release Program MOU
Att. B. Pretrial Supervision Data

<
Form Review
Inbox Reviewed By Date
Danin Fruchtenicht Danin Fruchtenicht 11/29/2021 03:34 PM
Financial Services Shelby Milliren 11/30/2021 10:00 AM
County Counsel Phil Pogledich 12/01/2021 11:18 AM
Clint Pyeatt Clint Pyeatt 12/01/2021 11:31 AM
Danin Fruchtenicht Beth Gabor 12/01/2021 12:12 PM
Phil Pogledich Phil Pogledich 12/01/2021 01:18 PM
Clint Pyeatt Clint Pyeatt 12/01/2021 02:37 PM
Form Started By: Beth Gabor Started On: 11/08/2021 09:46 AM
Final Approval Date: 12/01/2021

    

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