FY Proposed Budget June Presented by: Brendon Woods, Public Defender

Transcription

1 FY Proposed Budget June 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 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 Parole Revocation hearings

7 APPROVED BUDGET PROPOSED BUDGET CHANGE FROM Amount % Appropriations $34,510,972 $36,271,953 $1,760, % Revenues $1,160,664 $1,210,664 $50, % Net County Cost $33,350,308 $35,061,289 $1,710, % FTE Mgmt (0)% FTE Non-Mgmt (0)% Total FTE (0)% Total Authorized (0)%

8 COMPONENT NCC CHANGE From Salary and Employee Benefits $1,027,634 Internal Services Fund $533,347 Intra Fund Transfer $200,000 Revenue ($50,000) TOTAL $1,710,981

9 $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

10 $476,664 Charges for Services and Other 61% $734,000 State Aid 39%

11 APPROVED BUDGET NET COUNTY COST PROPOSED 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 $1,210,664 $35,061,289 $1,710, % $6,673,833 $6,293,833 $6,754,106 $385,000 $6,369,106 $75, % $41,184,805 $39,644,141 $43,026,059 $1,595,664 $41,430,395 $1,786, %

12 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

13 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

14 Expand our model of Holistic Defense Continue to improve services to clients Here s how: 1. Implement Vertical Representation 2. Improve our Juvenile Representation 3. Represent clients at Arraignment

15 Step Step 2 Step 1 Step 1 Step 2 Step 3

16

17

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

19 In the Courtroom Homeless and Caring Removes barriers to integrating back into society by resolving nonviolent, minor misdemeanor cases and traffic infractions for the homeless and formerly homeless Parole Reentry Meets the needs of high risk parolees who are in violation status, helping them meet their housing, employment, education, and drug treatment needs with the goal of reducing recidivism Juvenile Girls Provides a nonadversarial, trauma-informed courtroom, focused on addressing trauma, healing, and empowerment through comprehensive case plans that address each young woman s unique challenges Veterans Treatment For veterans who suffer from servicerelated substance abuse and mental health issues

20 On November 4, 2014, 74% of Alameda County voters passed Prop 47 What is Prop 47? It reduces simple possession of drugs and some theftrelated offenses from felonies to misdemeanors Prospective Retroactive

21 Currently, there are more than 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

22

23 Average 1,723 site visitors per month

24

25

26 $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

27 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 ,406 Reduced conflict rate to 9% of total files 4,765 4,720 4,631 Reduced conflicts by almost 3,000 per year since ,094 3,

28 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)

29 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 Motions granted: 1,005

30 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

31 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.

32 Joint Clean Slate intake School expulsion representation Youth Defender Clinic

33 Cleared up warrants, outstanding fines and got cases dismissed for 127 veterans. Donated more than 300 books to clients Served a holiday pizza dinner to nearly 150 youth in custody

34

35 YOUTH UPRISING 10 year anniversary block party

36

37

38

39

40

41

42

43

44 Taught over 1,800 students this year

45 Again, I commend your efforts in taking action to thwart the unfortunate happenings between police officers and young men of color. 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