TEXAS TASK FORCE ON INDIGENT DEFENSE

Transcription

1 TEXAS TASK FORCE ON INDIGENT DEFENSE 205 West 14 th Street, Suite 700 Tom C. Clark Building (512) P.O. Box 12066, Austin, Texas CHAIR: THE HONORABLE SHARON KELLER Presiding Judge, Court of Criminal Appeals DIRECTOR: MR. JAMES D. BETHKE VICE CHAIR: THE HONORABLE OLEN UNDERWOOD The Honorable Tom J. Vandergriff Tarrant County Judge 100 E. Weatherford, Suite 501 Fort Worth, TX VIA FAX: January 21, 2005 Dear Judge Vandergriff; I am pleased to inform you that the Texas Task Force on Indigent Defense has awarded Tarrant County an FY05 Discretionary Grant in the amount of $229,312. In response to your application titled Tarrant County Centralized Indigency Determination Magistration Project, your Statement of Grant Award for fiscal year 2005 is attached. Please sign and return via fax the first two pages of the Statement of Grant Award to fax number on or before February 21, You do not need to mail a copy. Congratulations to Tarrant County on taking the lead in Texas by developing a new indigent defense program. If you have any questions or need clarification on the information contained in this letter or attached Statement of Grant Award, please contact Bryan Wilson, the Task Force Grants Administrator at (512) Sincerely, Sharon Keller Chair, Task Force on Indigent Defense Presiding Judge, Court of Criminal Appeals

2 Grant Number: Grantee Name: Program Title: Task Force on Indigent Defense Statement of Grant Award FY2005 Discretionary Grant Grant Period: 3/1/2005-2/28/2006 Grant Award Amount: $229, D12 Tarrant County Tarrant County Centralized Indigency Determination Magistration Project The Task Force on Indigent Defense (Task Force) has awarded the above-referenced grant for indigent defense services. The authorized official named on the grant application must sign this Statement of Grant Award and return it to the Task Force by February The grantee will not receive any grant funds until this notice is executed and returned to the Task Force. Funding is provided as listed in the categories in the table below: Direct Costs Standard Grant Conditions: 1) Personnel (Total Number of FTEs: 3.5 ) $174,057 2) Fringe Benefits $49,255 3) Travel and Training $6,000 4) Equipment 5) Supplies 6) Contract Services Total Direct Costs $229,312 Indirect Costs: 7) Indirect Costs Total Indirect Costs Total Proposed Costs $229,312 Less Cash from Other Sources Total Amount Funded by Task Force $229,312 The authorized official for the grantee accepts the grant award. The authorized official, financial officer, and program director, referred to below as grant officials, agree to the terms of the grant as written in the Request for Applications issued on August 16, 2004, including the rules and documents adopted by reference in the Task Force on Indigent Defense s Grant Rules in Title 1, Part 8, Chapter 173, Texas Administrative Code. The grant officials understand that a violation of any term of the grant may result in the Task Force placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grants. DRAFT - Statement of Grant Award - FY2005 Discretionary Grant Tarrant County Page 1 of 7 pages

3 The judges hearing criminal matters and juvenile boards in the county must complete the 2005 Indigent Defense Plan Submission / Verification process and continue to meet all grant eligibility requirements. Disbursement of funds is always subject to the availability of funds. The grant officials agree to follow the grant terms contained in the Required Conditions and Report contained in Attachment A. The authorized official for this grant program has read the preceding and indicates agreement by signing this Statement of Grant Award below: Signature of Authorized Official Name & Title (must print or type) Date DRAFT - Statement of Grant Award - FY2005 Discretionary Grant Tarrant County Page 2 of 7 pages

4 Program Requirements Attachment A Required Conditions and Reports In addition to the program requirements stated in the Request for Applications (RFA) theses specific program requirements apply to this funded program The county understands only one year of funding will be granted for positions funded by the Task Force; The county commits that at the end of the grant period it will make a good faith effort to fully fund the positions for one full year after the expiration of the grant period. Documentation shall be provided to the Task Force explaining the county s position with regards to terminating funding for the positions within 90 days after the grant period or the termination which ever is earlier, if such termination occurs; The county will submit reports to obtain reimbursement of expended funds based on actual expenditures; Positions funded under this grant may conduct pre-trial bond interviews when the defendant is a potential candidate for pre-trial bond and they are already conducting an indigency interview. During the grant period the County will maintain the current pre-trial and magistrate staff funding levels to avoid any appearance of supplanting. The county may use its discretion to allow existing positions to participate in the grant funded activities if doing so benefits the management of the overall Tarrant County indigent defense system. Activity (Edited) Through this grant proposal, Tarrant County proposes to promote fairness, effectiveness and efficiency in the appointment of counsel to indigent defendants by providing intake workers to facilitate completion of the affidavit of indigency at each law enforcement agency across the county and subsequent submission to a centralized magistrate for objective determination of eligibility. Tarrant County proposes to provide standardized determinations of indigency through the use of centralized magistration thereby promoting fairness, effectiveness and efficiency in the appointment of counsel to indigent defendants across the County. No later than May 1, 2005, all staff shall be in place to provide centralized magistration for indigency determination Tarrant County. By June 1, 2005 all future indigency determinations for defendants within Tarrant County shall be made by Tarrant County Magistrates based upon standardized factors. 1. Staff will be hired and trained. Intake staff shall work under the direction of the Pretrial Services Program Director. The additional part-time magistrate shall be incorporated into the Tarrant County Magistrate s Court. (All staff shall be hired by the County as Grant Staff.) 2. Intake staff shall be assigned to clusters or areas. Recognizing that many smaller cities will not have any defendants on some days, the proposed areas are as follows: DRAFT - Statement of Grant Award - FY2005 Discretionary Grant Tarrant County Page 3 of 7 pages

5 Cluster I-Mansfield, Fort Worth Facility in Mansfield, Benbrook, Burleson, Forest Hills, Everman, Crowley and Kennedale Cluster II-Arlington, Pantego, Dalworthington Gardens and Grand Prairie Cluster III-North Richland Hills, Richland Hills, Euless, Bedford, Colleyville, Haltom City, Grapevine, Keller, Southlake, DFW Airport, Watauga, Lake Worth, Westworth Village, Samson Park, River Oaks, Azle, Saginaw, Blue Mound, and White Settlement. 3. Rather than local magistrates preparing the Affidavits of Indigency, County Intake staff shall interview defendants at each of these locations seven days per week (or as needed) and complete the standardized Affidavit of Indigency which shall be electronically forwarded to the central magistrate s office for review and determination of indigency. 4. Following determination, the magistrate shall forward the request for counsel to the Office of Attorney Appointments. Position Minimum Requirements The County must provide to the Task Force grant administrator the minimum job requirements and a full job description of the positions specified in the FY05 Discretionary Grant Application from Tarrant County before a person is selected but not more than thirty days after acceptance of this grant. Project evaluation (Edited) The success of the program shall be dependant upon the timely hiring and training of the staff necessary to conduct the interviews and determinations. This objective shall be measurable by the employment records maintained by Tarrant County Human Resources. Obtainment of centralized magistration for indigency determinations shall be measured by on-going verification that the name of the magistrate on the Affidavit of Indigency submitted to the Office of Attorney Appointments is a County Magistrate. Reduction in the cost for inappropriate attorney appointments cannot be measured as information provided regarding income, assets, etc. is not currently verified. Additionally, expenditures made for appointments would be difficult to compare as cases and time billed for representation vary so greatly. Task Definition Information to be Reported to Task Force Date and Target Measures Job Descriptions The job descriptions for each type of completed position are completed using Tarrant County s existing HR processes. Staff will be hired Staff will be trained Policies and Procedures completed and provided to staff Document the date that each employee is hired. Each staff will go through orientation and training sessions on how to perform indigency interviews. A policy and procedure manual is written to identify how system is going to work and the various roles. Date completed and copies to Task Force Report via a list of classifications and date positions were filled Report date training is complete for each staff. Report date that the manual is distributed. copy to Task Force. DRAFT - Statement of Grant Award - FY2005 Discretionary Grant Tarrant County Page 4 of 7 pages

6 Task Definition Information to be Reported to Task Force Set up remote locations Logistics between local magistrates, local jails, and others are established. Report date when all of the various sites are ready to begin interview process. Begin indigency The date the staff begin to conduct Report the date the first interview interviews Make any plan changes that may need to be made to include new processes. interviews The date any required plan and procedure changes incorporating the new indigency determinations are made. is conducted. Report plan changes and implementation date are submitted to the TFID Outputs indigency interviews per month conducted by grant staff. indigency interviews per month conducted by others. indigency determinations per month made by grant funded magistrate. indigency determinations per month made by other county based magistrates (other magistrates, District and CCL courts). indigency determinations per month made by noncounty magistrates (all other determinations of indigency). The grant funded staff are hired to meet with defendants and conduct indigency interviews to make a recommendation whether the defendants are indigent. Other pre-trial staff may meet with defendants and conduct indigency interviews to make a recommendation whether the defendants are indigent. The grant funded county magistrate is hired to make indigency determinations for defendants. Count each determination made by the grant funded magistrate. Other county based magistrates may make indigency determinations for defendants. Count each determination made by the non-grant funded magistrates. The grant seeks to reduce the number of determinations of indigency made by non-county officials. Count the number of determinations of indigency made by non-county magistrates. interviews per month conducted by grant funded staff for all months after the begin date of interviews but at least the months June 2005 through February interviews per month conducted by non-grant funded staff for all months after the begin date of interviews but at least the months June 2005 through February determinations per month conducted by the grant funded magistrate for all months after the begin date of interviews but at least the months June 2005 through February determinations per month conducted by non-grant funded magistrates for all months after the begin date of interviews but at least the months June 2005 through February determinations per month conducted by non-county magistrates for all months beginning in March 2005 through February DRAFT - Statement of Grant Award - FY2005 Discretionary Grant Tarrant County Page 5 of 7 pages

7 Task Definition Information to be Reported to Task Force Some defendants will not be determined indigent based on the county plan criteria. defendants determined to be not indigent by county magistrates. defendants determined to be not indigent by non county magistrates defendants determined to be not indigent by reasons. Some defendants will not be determined indigent based on the county plan criteria. The program seeks to reduce inappropriate appointments. The list below is comprised of the statutory considerations in Texas Code of Criminal Procedure (m) and Tarrant County s plan for determining whether a defendant is indigent: 1. Defendant's liquid assets greater than $15, Defendant's income greater than 125% of poverty level. 3. Family/Dwelling/Spousal Income available to the defendant. 4. Other Report total number of defendants determined by grant funded or other county magistrates to be not indigent for all months after the begin date of interviews but at least the months June 2005 through February Report total number of defendants determined by non county magistrates to be not indigent for all months after the begin date of interviews but at least the months June 2005 through February Report the monthly summary of number of defendants determined by all magistrates to be not indigent by reason stated for all months after the begin date of interviews but at least the months March 2005 through February Outcomes Conduct a random analysis of not less than 1% nor more than 10% (an absolute minimum of 30 individual records) of the total interviews conducted by county employees to verify veracity of employment / income stated on application for court appointed counsel. Results of any other verifications or processes by county that indicate appropriate appointments The objective is to complete data analysis to determine whether the County is appropriately appointing counsel to indigent defendants. The County did not track this data for previous years but the County can randomly sample current year defendants to see if at least one element (employment) of their applications is supported by an independent source such as Texas Workforce Commission records. In implementing the program the county may discover other factors that indicate the whether an appropriate appointment was made. Report summary results of TWC records compared to application as follows: defendants applications verified Percent of applications confirmed as accurate Report summary of any other information verified by county during the year if available. DRAFT - Statement of Grant Award - FY2005 Discretionary Grant Tarrant County Page 6 of 7 pages

8 Additional Information - Report other information in the text boxes provided online. If delays occur, other activity is pursued beyond the scope of the project with the same funds, improvements / enhancements made, explanations of data or conditions, or other information that need to be communicated to the grant administrator please write it in the text space provided online. Conclusion - The County must complete a Conclusions section at the end of the grant period. The conclusion will summarize the overall results of the program and how the project improved or failed to improve the local indigent defense system. It may include summaries of responses from surveys of stakeholders involved in the system. Also identify any issues that would assist other counties if they attempt this type of program. Timeline for Reporting and Fund Distribution Reports will be submitted on-line over the Internet. Reporting Period Type Report Due Date Report Due Fund Distribution Date March through May Budget Status Report June 15, 2005 June 2005 Progress report June through August Budget Status Report September 15, 2005 September 2005 Progress report September through Budget Status Report December 15, 2005 December 2005 November Progress report December through Budget Status Report April 15, 2006 April 2006 February Progress report Follow-up to Closeout Report Statement of compliance / documentation of performance after grant period for positions February 28, 2007 N/A DRAFT - Statement of Grant Award - FY2005 Discretionary Grant Tarrant County Page 7 of 7 pages