AUTHORIZATION FOR THE PUBLIC DEFENDER TO ACCEPT FIRST YEAR GRANT FUNDING FOR THE CALIFORNIA INNOCENCE PROTECTION PROGRAM ALL DISTRICTS (3 Votes)

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1 March 19, 2002 County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California Dear Supervisors: AUTHORIZATION FOR THE PUBLIC DEFENDER TO ACCEPT FIRST YEAR GRANT FUNDING FOR THE CALIFORNIA INNOCENCE PROTECTION PROGRAM ALL DISTRICTS (3 Votes) IT IS RECOMMENDED THAT YOUR BOARD: 1. Adopt the attached Resolution authorizing the Public Defender to accept, on behalf of the County, first year grant funds allocated by the State Office of Criminal Justice Planning (OCJP) for the California Innocence Protection Program (CIPP), in the amount of $160,000 for the period January 1, 2002 through December 31, Authorize the Public Defender to execute the Grant Award Agreement, on behalf of the County of Los Angeles. 3. Authorize the Public Defender or his designee, on behalf of the County of Los Angeles, to serve as Project Director and to sign and approve any extensions, amendments, augmentations or revisions to the program. March 19, 2002

2 Page 2 PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The Governor s Office of Criminal Justice Planning recently solicited proposals for the CIPP from County Public Defender Offices that provide legal assistance to indigent California inmates. The State intends to allocate CIPP funds for the purpose of assisting convicted persons who are attempting to establish their actual innocence through the use of post-conviction DNA testing. Funding under the CIPP program shall only be used to prepare and litigate motions for DNA testing under California Penal Code The Los Angeles County Public Defender has been awarded CIPP grant funding in the amount of $160,000 for the period January 1, 2002 through December 31, A Board approved Resolution authorizing the acceptance of this funding is required by OCJP. The Public Defender will implement this program to provide representation to all former public defender clients, currently in state prison who request counsel for the purpose of investigating, filing and litigating a motion pursuant to Penal Code Implementation of Strategic Plan Goals On January 1, 2001, Penal Code 1405 established a new procedure for indigent convicted persons to request appointment of counsel in order to investigate and file a motion for postconviction DNA testing. The focus of the CIPP program is to assist convicted persons who are attempting to establish their actual innocence pursuant to Penal Code 1405 by investigating, preparing and litigating a motion for DNA testing. Consistent with the County s Vision and Strategic Plan, implementing this program provides quality public service and promotes the self-sufficiency and well-being of individuals as well as their families and communities. March 19, 2002 Page 3

3 FISCAL IMPACT The cost of this program is $160,000 for the period January 1, 2002 through December 31, OCJP is providing 100% of the cost; therefore, there is no net county cost associated with this program. If grant funding for this program were terminated, based on the critical nature of the program, the cost of the program will either be included in a pending Senate Bill (S.B.) 90 test claim or absorbed by the department. FINANCING FROM: State of California, Office of Criminal Justice Planning $160,000 TO: Los Angeles County Public Defender $160,000 California Innocence Protection Program (CIPP) January 1, 2002 through December 31, 2002 OCJP will reimburse the County for salary and employee benefits for one Deputy Public Defender IV who will be assigned full-time to the grant and for the hours worked on the grant by an Investigator II. The allocation was not included in the budget for the current fiscal year as the notification of the grant award was received the first week in February, The allocation has been included in the budget for Fiscal Year 2002/2003. FACTS AND PROVISIONS/LEGAL REQUIREMENTS The County of Los Angeles is charged with providing vital services in the area of courts, law enforcement, and adult and juvenile justice to a population in excess of nine million people. Pursuant to Government Code Section the County is authorized to participate in any project or program to improve the administration of justice. The California Innocence Protection Program is designed to improve services for indigents convicted in state courts who are attempting to establish their actual innocence. March 19, 2002 Page 4

4 IMPACT ON CURRENT SERVICES (OR PROJECTS) Pursuant to your Board motion of December 15, 1998, The Alternate Public Defender, District Attorney, Sheriff and Probation Departments have been notified of this request. The Sheriff has indicated that his Department will be impacted, the extent of which is unknown, by being required to respond to requests to determine the location of stored biological evidence. However, this or any impact would be reimbursed by the State pursuant to the SB 90 Test Claim currently under development with the Auditor Controller. The District Attorney, Alternate Public Defender and Probation Department have indicated that there is no impact to their Departments. CONCLUSION It is requested that the Executive Officer-Clerk of the Board return an executed (adopt stamped) copy of the Board letter and three (3) copies of the attached Resolution, containing original signatures to the Public Defender's Office, Criminal Courts Building, 210 West Temple Street, Los Angeles, California, 90012, Attention: Joanne Rotstein. Respectfully submitted, MICHAEL P. JUDGE Public Defender mj:jr Attachments (1) cc: Chief Administrative Office Executive Officer, Board of Supervisors County Counsel BOARD OF SUPERVISORS

5 COUNTY OF LOS ANGELES RESOLUTION ADOPTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AUTHORIZING THE PUBLIC DEFENDER TO ACCEPT FIRST YEAR GRANT FUNDING ALLOCATED BY THE STATE OF CALIFORNIA, OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP), FOR THE CALIFORNIA INNOCENCE PROTECTION PROGRAM WHEREAS, the County of Los Angeles is charged with providing vital services in the area of courts, law enforcement, and adult and juvenile justice to a population in excess of nine million people; and WHEREAS, the County of Los Angeles is authorized, pursuant to Government Code Section to participate in any project or program to improve the administration of justice; and WHEREAS, the County, through the Los Angeles County Public Defender desires to participate in the OCJP California Innocence Protection Program; and WHEREAS, OCJP has awarded first year grant funds in the amount of $160,000 to the Public Defender's Office for the California Innocence Protection Program for the period covering January 1, 2002 through December 31, 2002 to be used exclusively for this program; and

6 WHEREAS, the Board of Supervisors desires to authorize the Public Defender to accept first year grant funding and execute the Grant Award Agreement on behalf of the County of Los Angeles; and WHEREAS, the Board of Supervisors desires to authorize the Public Defender or his designee, to serve as Project Director on behalf of the County of Los Angeles, to perform all necessary tasks to complete the project including progress reports and payment requests, and to sign any extensions, revisions, augmentations or amendments to the Agreement; NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Los Angeles hereby authorizes participation by the County of Los Angeles through its Public Defender in the California Innocence Protection Program; BE IT FURTHER RESOLVED that the Board of Supervisors hereby authorizes the Public Defender to execute the Grant Award Agreement and accept first year grant funds for the period January 1, 2002 through December 31, 2002 to be used exclusively for the designated program, which is awarded pursuant to the Grant Award Agreement; BE IT FURTHER RESOLVED that the Public Defender or his designee, to serve as Project Director, on behalf of the County of Los Angeles, and to sign and approve any extensions, revisions, augmentations or amendments to the Grant Award Agreement; BE IT FURTHER RESOLVED that the County of Los Angeles agrees not to use the aforementioned grant funds to supplant local expenditures controlled by this body; IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant

7 recipient and the authorizing agency. The State of California and the Office of Criminal Justice Planning disclaim responsibility for any such liability. The foregoing Resolution was on the day of April, 2002, adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. Violet Varona-Lukens ExecutiveOfficer-Clerk of the Board of Supervisors of the County of Los Angeles By APPROVED AS TO FORM: BY COUNTY COUNSEL: LLOYD W. PELLMAN By Deputy