Attachment A Required Conditions and Reports

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2 Method of Calculation Attachment A Required Conditions and Reports The budget appearing in the Statement of Grant Award was developed under the assumptions that the grant be based on a 12- month period. The schedule provides the county twelve months of funds at each of the original agreed upon funding levels. If the county has a delayed start in the first year (FY2014), it may necessitate an adjustment in future years to allow the county to fully expend grant funds. The intention is to follow a declining schedule of 80 percent in the first year; then, 60 percent in the second year; then, 40 percent in the third year; and 20 percent in the final year of the Commission support. The grants will remain on a fiscal calendar (October to September), but future awards will reflect any needed modifications to implement this policy. Program Requirements In addition to the program requirements stated in the Request for Applications (RFA) these specific program requirements apply to this funded program: The County will submit reports to obtain reimbursement of expended funds based on actual expenditures. The reimbursements will be proportional to the county s required match. This grant requires quarterly progress reports to provide information on the effectiveness of the program. The Commission grants administrator will construct an on-line progress report that best reflects the actual work performed in this program and is consistent with the FY2014 application listed below as edited and agreed to. The County will be able to request modifications to the on-line report when the performance measures are determined to not accurately reflect the work performed. The County must provide a plan of data collection by the first progress report that includes a list of data elements that capture the work performed under this program or impact on the county s compliance with the Fair Defense Act. This County must submit data collection agreements from county offices or departments to provide this data to the program director on a regular basis to measure the impact of this program. The County or its designee must provide to the Commission staff the minimum job requirements and a full job description of the FTE positions specified under this project before positions are publicly posted. Equipment costs listed in the first year start-up budget will not be carried forward into subsequent years of funding. If the County selects a non-profit corporation the proposal and the contract must include the method for funding equipment to operate the Public Defender Office that does not require the start-up costs to be included in the contract beyond the first year. PD Related The Public Defender s Office will record attorney and support staff work time in a manner that allows for accurate completion of the Public Defender Addendum to the Indigent Defense Expenditure Report. Records must contain sufficient detail to appropriate time and salary across categories of offenses (capital, non-capital felony, misdemeanor, juvenile, felony appeals, misdemeanor appeals, and juvenile appeals). Before representation may begin a draft of the Public Defender Office Immigration/Criminal Law Program written operation policy must be provided the Commission that includes: 1) caseload / workload standards for this position; 2) attorney-client privilege policy when referrals come from assigned counsel and 3) a training plan including curriculum and estimated dates. The operation policy must be provided to the Commission along with the 1st quarterly progress report. A final version of the Policies and Procedures Manual shall be completed and delivered to the Commission along with the Final Progress Report for FY2014. The survey of local stakeholders required in the Evaluation section of the FY2014 application listed below should be conducted during the 2 nd and 4 th years of operation of the program. The County must summarize the results received back from the participants of the survey and discuss any improvements made to the program. The analysis of the survey results in the 4 th year must compare the findings between the two survey events. The County must provide the FY2014 Statement of Grant Award Dallas County Page 3 of 10

3 Commission with a draft of any survey instrument for feedback before it is distributed and provide to the Commission a copy of the analyses of responses (not the unanalyzed survey responses) Dallas County Discretionary Grant Application Narrative (Multi-Year Grant) a. Application Form Counties Represented: Dallas Fiscal Year: 2014 State Payee Identification Number: Division To Administer Grant: Public Defender's Office Program Title: Immigration/Criminal Law Program Requested Grant Amount: $92,774 Financial Officer: Virginia Porter Program Director: Lynn Pride Richardson Mailing Address: 133 N. Riverfront Blvd., LB 2; 9th Floor, Ste. C-1; Dallas, TX b. Introduction The Immigration/Criminal Law Public Defender (Attorney) position and the proposed program is designed to advise and counsel non-citizen defendants about the immigration consequences of a guilty plea or conviction in a criminal proceeding. The Attorney will work with the Assistant Public Defenders in the office to provide knowledgeable and effective legal representation to non-citizen defendants minimizing case processing time. The Attorney will develop and provide comprehensive Immigration and Criminal Law training for public defenders, judges and criminal defense attorneys representing indigent non-citizen defendants in the Dallas County Criminal Courts. c. Problem Statement The ruling of the Supreme Court in Padilla v. Kentucky requires that defense counsel advise non-citizen defendants of the immigration consequences of a guilty or nolo contendre plea. Failure to do so constitutes ineffective assistance of counsel. The increasingly large numbers of non-citizen criminal defendants in Dallas County, coupled with the expansion of the types of removable offenses, mandates an expedient but thorough review of a non-citizen's immigration status, family history, length of stay and criminal record. The complexities of immigration law and the impact on non-citizen defendants require review by a competent immigration lawyer who is also knowledgeable in criminal law and therefore capable of providing advice and training to criminal defense lawyers. The attorneys in the Dallas County Public Defender's Office and most court appointed attorneys practicing in the criminal courts do not have the level of expertise required to satisfy the mandates of Padilla. Currently, the Public Defender's Office has only one Assistant Public Defender who is responsible for reviewing all of the non-citizen defendant referrals from the Assistant Public Defenders in the office. This attorney has a felony docket and does not have the time to review and respond timely to the large number of referrals being submitted. It is currently taking three to four weeks for this attorney to respond to the referrals. Although this attorney has taken some immigration law classes, she does not have the level of training, experience and expertise necessary to conduct training in this area. The office anticipates receiving more referrals as the number of non-citizen defendants increases. Most indigent defendants do not have the resources to hire an immigration lawyer and the county's resources are not sufficient to pay for immigration counsel on every criminal case involving non-citizens. Finally, there is no comprehensive system in place to provide continuous training for attorneys representing indigent non-citizen defendants in the Dallas County Courts. d. Objectives 1. To ensure effective legal representation of non-citizens in criminal cases. 2. To ensure that non-citizen defendants are adequately informed about the potential immigration consequences of a guilty plea, conviction or case disposition in compliance with the requirements of Padilla. FY2014 Statement of Grant Award Dallas County Page 4 of 10

4 3. To expeditiously review cases involving non-citizen defendants to ensure expedient case dispositions and more efficient operation of court dockets. 4. To reduce the amount of time defendants remain in jail awaiting case disposition. 5. To reduce jail costs. 6. To provide specialized, uniform training for judges, public defenders and criminal defense attorneys representing indigent non-citizen defendants. 7. To create a training manual/reference guide for attorneys and public defenders representing non-citizen defendants when the immigration public defender is not available or the defendant cannot afford to hire an immigration lawyer. 8. To collect and share data regarding the numbers of non-citizen defendants being represented in Dallas County by indigent defense counsel and the Public Defender's Office and to determine if there are disparities in sentencing/outcome and to track performance goals, objectives and outcomes. e. Activities Methodology or Project Design (Activities) The Dallas County Public Defender's Office will hire in-house counsel (Attorney) experienced and knowledgeable in both immigration and criminal law. The Attorney shall review written referrals submitted by attorneys in the Dallas County Public Defender's Office and when time and workload permit, referrals from court appointed attorneys who represent indigent criminal defendants in the Dallas County Courts. The Attorney will review the information submitted, talk to the client if necessary and render advice and recommendations regarding the potential immigration consequences. The assigned Assistant Public Defender or Indigent Defense Counsel will take the information, advice and recommendations into consideration and fully advise the non-citizen client regarding the potential immigration consequences of a guilty plea, conviction or preferred course of action regarding the disposition of the case. (Activities) 1. Upon notification that the County has been awarded the grant, the Program director will work with the County's Human Resource Department, the Commissioner's Court and the Civil Service Board to create the Immigration/Criminal Law (Attorney) position. The Program Director will work with Human Resources to draft and publish the requirements of the position including all duties and responsibilities. The job posting shall include requirements that the applicant must have substantial experience in both Immigration and Criminal Law. 2. The Attorney shall be hired no later than October 1, 2013, or as soon as possible after the position has been approved by the Dallas County Commissioners and County's Civil Service Board. 3. Office space will be assigned for the Attorney in the Dallas County Public Defender's Office, including furniture, a phone, computer, computer software, printer and printer cartridges, PowerPoint projector and office supplies. The Attorney will also have a cell phone and ipad for use to discharge the duties and responsibilities of the position. 4. Immediately upon being hired, the Attorney shall begin to develop a process with written policies and procedures for operating this program. This shall include, but is not limited to, the creation of a written referral form to be submitted by Assistant Public Defenders when they need assistance with a non-citizen's case. 5. After receiving a referral, the Attorney will timely submit a written response including advice and recommendations outlining in detail the potential immigration consequences of a plea, conviction or chosen course of action. The Attorney's written response will be included in the client's file. A copy shall be given to the client in English, in the client's native language, or shall be read to the client with the aid of an interpreter. FY2014 Statement of Grant Award Dallas County Page 5 of 10

5 6. The Attorney shall utilize a software database and spreadsheet for tracking, sharing data and case management. The Attorney shall maintain and submit monthly statistics, including the number of cases received and reviewed to the Program Director and the County's Office of Budget and Evaluation. The Attorney shall additionally submit reports to the Grantor in a manner and time to be determined by the Texas Indigent Defense Commission. 7. Within 90 days of the start date, the Attorney shall develop a curriculum, plan and schedule training throughout the first year of the grant. The Attorney shall provide ongoing individual and group training for the attorneys in the Public Defender's Office. This training shall include seminars, workshops and individual sessions on a monthly basis. The Attorney shall provide comprehensive training for Assistant Public Defenders, Indigent Defense Counsel practicing in the Dallas County Criminal Courts and judges at least twice a year. The participants shall be eligible for continuing legal education credit from the State Bar of Texas. 8. At the completion of the four year grant cycle, the Attorney will have drafted a comprehensive immigration/criminal law manual for use by attorneys representing non-citizen defendants in the criminal courts. f. Evaluation The Program Director will work with the Attorney to develop an evaluation tool with measures to aid in the assessment of the Attorney's performance. The performance measures will identify outcomes, addresses challenges, highlight achievements and the overall success of the Immigration/Criminal Law Program. Based upon information received, data collected and the assessment of the Attorney's performance, comprehensive reports will be submitted to the Texas Indigent Defense Commission. The Dallas County Public Defender's Office will institute and evaluate the following measures as indicators of success related to the program's activities. Task Definition Report Draft Job Description Position briefed to Dallas County Commissioners Position approved by Commissioners and reviewed by Civil Service Board Immigration/Criminal Attorney hired Office setup Software setup Draft policies, procedures and the written referral form Program Manager works with Human Resources to draft a comprehensive job description to be posted on the Dallas County Employment website Position to be briefed to the Dallas County Commissioners for approval Position approved by Dallas County Commissioners and Civil Service Board in order to be posted Documentation of date hired and start date Office space assigned. County will purchase with grant and county funds furniture, supplies, computer, printer, cell phone, PowerPoint equipment, software and ipad Software installed within 30 days of Attorney's start date or as soon as practical Attorney and Program Director will draft procedures to facilitate the referral process and to be included in an office Report the date completed and a copy to the TIDC Copy of briefing ed to TIDC Court's Order and Civil Service briefing ed to TIDC Report sent to TIDC Report date office set up is complete - supplies and equipment received Date software installed Copy of procedures ed to TIDC FY2014 Statement of Grant Award Dallas County Page 6 of 10

6 Attorney starts representation by accepting and processing referrals Enter information and data into spreadsheet and database Attorney shall document recommendations including the potential immigration consequences Referring Attorney records case disposition Monthly report on statistics Quarterly Reports Attorney plans and creates training manual Attorney receives and reviews referrals, submits recommendations, advice and conclusions in writing to the referring attorney Attorney will enter information and data on the following: 1. Number of referrals received 2. Time allocated to review each referral 3. Number of referrals completed and reports submitted to referring attorneys 4. Date of case disposition and outcome Attorney submits written report on each case reviewed to the referring attorney and the client Referring Attorney documents case disposition and forwards the information to the Immigration/Criminal Attorney to be recorded in the database Attorney compiles, reviews and submits monthly statistical data to the Program Director and Budget Office Attorney submits a detailed quarterly report to Program Director and Grantor (TIDC) Attorney creates and reports training schedule for Public Defenders, court appointed attorneys and judges during Information to be included in monthly reports to Program Director and Budget Director. Quarterly Reports to grantor (TIDC) Information to be included in statistical report to the Program Director and Budget Office monthly and to the Grantor quarterly with information required by TIDC Written report included in the client's file Attorney documents case disposition in database and includes information in monthly and quarterly reports Attorney submits monthly report including 1) cases referred; 2) cases reviewed; and 3) cases closed Report to TIDC includes data and information collected in a manner required by Grantor. The information included will be determined by the Grantor but should include: 1. Number of cases referred 2. Number of referrals completed 3. Number of cases closed 4. Outcomes and dispositions 5. Time spent reviewing cases 6. Time elapsed between referrals and the case disposition Training will include group and individual training monthly or on an as needed basis for the public FY2014 Statement of Grant Award Dallas County Page 7 of 10

7 schedule Attorney drafts training curriculum Creation of an Immigration/Criminal Law Manual Summary of work and issues Problem areas and resolutions Evaluation and conclusions based on information and data collected Evaluation and conclusions based on information and data collected the first year of the grant. At the beginning of each subsequent grant year a schedule of training will be created after assessing the amount and level of training needed Prior to the start of training, attorney will have completed a written curriculum to be used in training The Attorney shall complete an Immigration/Criminal Law Manual that should serve as a resource/reference for criminal and immigration lawyers representing non-citizens in criminal cases Provide a summary of accomplishments quarterly Identify problems encountered and proposed solutions At the end of the first year, review data and draw conclusions. Create an action plan for the following year At the end of the four year grant, review data and draw conclusions. Create an action plan for the future defenders in the office. A minimum of two half day training sessions for the first year open to court appointed attorneys practicing in the criminal courts and judges. The schedule of all training will be submitted to Grantor (TIDC) Training curriculum will be included in a training manual, a copy of which will be ed to the Grantor (TIDC). The manual can be used as a resource reference for attorneys representing non-citizen clients in the criminal courts The manual should be completed during the final year of the four year grant cycle. Manual made available online and copied to the TIDC Send to Grantor (TIDC) quarterly Send to Grantor (TIDC) quarterly Include information in a written report at the end of the first year Include information in a written report at the end of the four years g. Future Funding At the end of the four year grant period, it is anticipated that the office will be in a position to show the Dallas County Commissioners that continued funding is needed to continue the position and the Immigration/Criminal Law Program. This can be accomplished by publishing data, performance outcomes and information showing efficiency and effectiveness in operation, the need for ongoing training and education, and better criminal justice outcomes for our clients. We anticipate showing that the program is responsible for more efficient operation of court dockets, fewer delays in resolving cases, a reduction in indigent defense costs, jail costs and costs related to the hiring of immigration attorneys in every criminal case. h. Budget Narrative and Budget Form Personnel Costs (Recurring yearly) Salary $ 83,313 Fringe Benefits $ 18,955 Estimated Total $102,268 FY2014 Statement of Grant Award Dallas County Page 8 of 10

8 One attorney will be employed through this grant proposal. The proposed salary is based on Dallas County's salary schedule for an Attorney IV position. Travel & Training (Recurring yearly) CLE and travel $5,000 Professional dues $500 Publications $400 Estimated Total $5,900 $5,000 yearly is budgeted to cover the attorney's required CLE and travel expenses. Publications are needed for research and to keep abreast of current law. Equipment (Start Up) Laptop, docking station & monitor $1,800 Software $100 Multifunction printer $600 Printer stand $150 PowerPoint projector $550 Furniture $2,500 ipad $400 Cellphone $200 Estimated Total $5,800 The Attorney will be provided with a laptop with a docking station and monitor. A PowerPoint projector will be utilized by the Attorney to conduct CLEs. The Attorney will not be assigned to a specific court; to increase mobility and efficiency, the purchase of an ipad and cellular phone will be necessary to ensure the Attorney has immediate access to files, research and county intranet programs such as OnBase, Forvus and AIS and is able to be contacted when needed. Supplies Standard office supplies $1,500 Printer cartridges $500 Estimated Total $2,000 $1,500 is requested yearly for basic office supplies which includes, but is not limited to, file folders, pens, labels, paper, staplers, etc. $500 yearly for printer cartridges. Personnel Costs $105, FTE's 1.00 Salary $83, Fringe Benefits $18, Travel and Training $5, Equipment $5, Supplies $2, Contract Services $0.00 Indirect $0.00 Total $115, Required County Match $23, Total less County Match $92, Timeline for Reporting and Fund Distribution Reports will be submitted on-line over the Internet. FY2014 Statement of Grant Award Dallas County Page 9 of 10

9 Reporting Period Type Report Due Date Report Due Fund Distribution Date October 2013 through Budget Status Report January 15, 2014 January 2014 December 2013 Progress report January 2014 through March Budget Status Report April 15, 2014 April Progress report April 2014 through June 2014 Budget Status Report July 15, 2014 July 2014 Progress report July 2014 through September 2014 FINAL Expense Report Final Progress Report and Conclusion. Delivery of Final Product and Demonstration November 14, 2014 November 2014 FY2014 Statement of Grant Award Dallas County Page 10 of 10