FY MOE Budget April Presented by: Brendon Woods, Public Defender

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1 FY MOE Budget April 2015 Presented by: Brendon Woods, Public Defender

2 To zealously protect and defend the rights of our clients through compassionate and inspired legal representation of the highest quality, in pursuit of a fair and unbiased system of justice for all.

3 The Public Defender is the primary defense attorney for indigent individuals accused of crimes or otherwise facing potential incarceration or loss of liberty. For these individuals, legal representation at public expense is mandated by the: US Constitution CA Constitution County Charter

4 If the Public Defender has a legal or ethical conflict of interest the case is referred to the Court Appointed Attorneys Program (CAAP), which operates pursuant to a contract administered by the County Administrator. The Indigent Defense budget also includes expenses for defendants represented by CAAP.

5 The Public Defender provides defense services for the following: Defendants whose charges expose them to a possible punishment of death Defendants accused of felony crimes Defendants accused of misdemeanor crimes Minors prosecuted in juvenile delinquency court and in adult court

6 Persons subject to involuntary psychiatric hospitalization and conservatorship proceedings in Mental Health and Probate Courts Inmates in various proceedings to extend incarceration beyond the prescribed term of punishment including: sexual violent predator proceedings insanity commitment proceedings dangerous prisoner proceedings mentally disordered offender proceedings youthful offender proceedings

7 Appeals in the Appellate Division of the Alameda County Superior Court, California Court of Appeal, and California Supreme Court, in matters relating to pending litigation in the Alameda County Superior Court Post release community supervision (PRCS) violations State Parolees in the Parole Reentry Court Parole Revocation hearings

8 APPROVED BUDGET MOE BUDGET CHANGE FROM Amount % Appropriations $34,510,972 $36,271,953 $1,760, % Revenues $1,160,664 $1,160,664 ($0) (0)% Net County Cost $33,350,308 $35,111,289 $1,760, % FTE Mgmt (0)% FTE Non-Mgmt (0)% Total FTE (0)% Total Authorized (0)%

9 COMPONENT NCC CHANGE Salary and Employee Benefits $1,027,634 ISF Adjustments $533,347 Decreased Intra Fund Transfer $200,000 TOTAL $1,760,981

10 $3,948,572 $767,121 $32,361,360 Salary & Employee Benefits 87% Non-Discretionary Services & Supplies 11% Discretionary Services & Supplies 2% Intra Fund Transfer -$805,100 Net Appropriation: $36,271,953

11 $476,664 $684,000 Charges for Services and Other 59% State Aid 41%

12 APPROVED BUDGET NET COUNTY COST MOE BUDGET REVENUE NET COUNTY COST NET COUNTY COST CHANGE FROM Amount % Public Defender CAAP TOTAL INDIGENT DEFENSE $34,510,972 $33,350,308 $36,271,953 $1,160,664 $35,111,289 $1,760, % $6,673,833 $6,293,833 $6,754,106 $385,000 $6,369,106 $75, % $41,184,805 $39,644,141 $43,026,059 $1,545,664 $41,480,395 $1,836, %

13 FY ACTUALS FY PROJECTED FY PROJECTED TOTAL FILES OPENED 41,355 39,638 40,500 FY PROJECTED % OF CASES Felony 11,842 10,410 10, % Misdemeanor 22,266 21,996 22, % Juvenile 2,092 1,868 2, % Civil/Commitment 1,543 1,481 1, % Parole/PRCS 1,400 1,322 1, % Clean Slate 1,863 1,887 2, % *Conflicts Declared 4,068 3,669 3, % *Conflicts are also included in the caseload and types listed above

14 Currently represent 67 individuals charged with homicides In 2014: Accepted 40 new homicide cases Felony lawyers handle approximately 231 cases per attorney per year Misdemeanor lawyers handle approximately 317 cases per attorney per year Staff of 18 investigators completed 2,235 investigations requests Served 1,602 subpoenas

15 Expand our model of Holistic Defense Continue to improve services to clients Implement Vertical Representation Improve our Juvenile representation Represent clients at Arraignment

16 IN THE COURTROOM VISIBILITY AND ACCESSIBILITY GRANT/FUND DEVELOPMENT IMPROVING SERVICES TO CLIENTS IN THE LEGAL FIELD IN THE COMMUNITY

17 Homeless and Caring Court: I just wanted to thank you again for everything you did for me. I just wanted to reach out to you and let you know that you played a huge role in my life, and for that I am grateful. ~ Public Defender Client Removes barriers to integrating back into society by resolving non-violent, minor misdemeanor cases and traffic infractions for the homeless and formerly homeless

18 Parole Reentry Court Meets the needs of high risk parolees who are in violation status, helping them to meet their housing, employment, educational, and drug treatment needs with the goal of reducing recidivism

19 Juvenile Girls Court: Provides a non-adversarial, trauma-informed courtroom, focused on addressing trauma, healing, and empowerment through comprehensive case plans that address each young woman s unique challenges

20 Veterans Treatment Court For veterans who suffer from service-related substance abuse and mental health issues Clients are assigned a mentor and a treatment plan based on his/her specific needs, which may include: drug treatment mental health counseling job training Schooling Most programs last 18 months, after which probation may be terminated, a felony offense reduced to a misdemeanor, or a guilty plea withdrawn

21 Achieved a successful outcome in 64% of cases that went to trial. Achieved a successful outcome in 50% of felony cases that went to trial.

22 On November 4, 2014, 60% of California voters passed Prop 47 74% of Alameda County voters

23 Office wide training the day after it passed In the first week, reviewed over 180 cases for clients that had already been sentenced In less than 2 months, we filed 101 petitions, 75 were granted 20 were for state prisoners; 15 were granted and released Housing services were provided by Social Workers upon release Reviewed over 500 pending cases for eligibility

24 Currently, there are over 5,000 probationers that may be eligible for Prop 47 relief And over 10,000 people in the community who may be eligible There is a 3 year window to get this done

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26 Reviewed 450 cases Filed 127 petitions / applications with an 82% success rate 50 petitions / applications that are pending Conducted two community outreach Conducting intake on a monthly basis at the Oakland and Hayward Probation offices starting next month

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31 $15,000 supporting Immigration Representation Initiative $48,400 supporting Clean Slate Program $25,000 supporting Proposition 47 Defense Outreach & Services $20,000 supporting Pre-Arrest Services $27,000 supporting Juvenile Client Services

32 Improving Services to Clients Reduction of Conflicts A conflict typically exists when we represent a co-defendant or witness on a case, preventing us from being able to accept a new client on the related case. Filed 10% (425) less conflicts than in 2013 Reduced conflict rate to 9% of total files Reduced conflicts by almost 3,000 per year since 2010

33 7,000 6,406 6,000 5,000 4,765 4,631 4,720 4,000 4,094 3,000 3,

34 Immigration Representation Initiative Provided immigration advice in approximately 900 criminal proceedings Assisted undocumented youth in applying for Special Immigrant Juvenile Status based on abuse, neglect or abandonment by parents Litigated a Special Immigrant Juvenile Status case resulting in published decision in the CA Court of Appeal that is now being used as precedent to assist other undocumented youth in delinquency proceedings (In re Israel O. (2015) 233 Cal.App.4 th 279)

35 Assists clients to obtain or improve employment opportunities and access housing and other services, with a goal of improving lives Cases handled since inception: 2,275 Current open cases: 1,296 Motions filed: 1,129

36 To date, served approximately 200 clients Evaluate client needs Provide referrals to substance abuse and mental health programs, vocational training programs, education, housing and employment opportunities Assist with client release back into the community

37 Created first Legislative Committee to address legislation that will impact our clients Increased collaboration with non-profits in order to provide better services to our clients.

38 Joint Clean Slate intake School expulsion representation Youth Defender Clinic

39 In partnership with Social Services, launched a pilot program that allows eligible clients to enroll in Medi-Cal and CalFresh benefits in our office Fixed arraignment injustice in Pleasanton Courthouse, reducing client time in custody and saving the County money Established Homicide Team, providing specialized representation Vertical representation for felonies at Hayward Branch Office

40 Stanford Trial advocacy program University of California, Berkeley Law School Hastings Law School Santa Clara Law School University of San Francisco Law School National Legal Aid and Defenders Association University of California, Davis Law School California Public Defenders Association

41 Held first ever all day training for support staff focusing on the delivery of outstanding customer service to clients

42 Women Lawyers of Alameda County California State Bar Judicial Nominee Evaluation Commission California Public Defenders Association East Bay Children s Law Office Uncommon Law Asian American Criminal Trial Lawyers Association

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44 Donated more than 300 books to clients at Santa Rita Jail Served a holiday pizza dinner to nearly 150 youth in custody at Juvenile Hall, in collaboration with Probation and the Public Defender Association.

45 Represented 127 veterans, advocating for needy and homeless veterans who have criminal/traffic cases pending in our county. We work to clear up their warrants, outstanding fines, and to get cases dismissed in order to get them back on their feet.

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47 Addresses the impact of racism in the criminal justice system and the disproportionate incarceration of minorities Members participate on the steering committee for The Public Defenders for Social Change Bay Area Region

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49 Debuted in March 2014 Is an empowerment project designed to educate teens about their constitutional rights. Successfully educated 1,500 high school students Presented trainings at nine high schools Served cities of Berkeley, Oakland, and San Leandro Awarded Program of the Year from the California Public Defenders Association

50 San Leandro High School Partnership In collaboration with Social Justice Academy at San Leandro High Taught more that th - 12 th graders in 2 weeks leading up to Peace in the Streets Forum, hosted by the Social Justice Academy

51 Your office is doing a wonderful job in educating our youth and in turn, protecting our police officers and community. -Coach Eric Clayton, Oakland Tech