Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive
Subject: Amendment to Agreement with San Mateo County Bar Association for Legal Representation Services provided by the Private Defender Program
RECOMMENDATION:
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Adopt a resolution authorizing:
A) An amendment to an agreement with the San Mateo County Bar Association (SMCBA) for indigent legal defense and other services provided by the Private Defender Program (PDP) for the term July 1, 2023, through June 30, 2028, and increasing the amount by $2,453,264 for a new amount not to exceed $128,099,533; and
B) The County Executive or designee to execute amendments associated with this agreement that will not result in any net cost to the County's General Fund.
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BACKGROUND:
In 1963, the United States Supreme Court's decision in Gideon v. Wainwright established that any person accused of a crime who cannot afford to employ an attorney has a constitutional right to the appointment of free counsel. Since 1968, the County's indigent legal representation has been provided by the PDP through a contract with the SMCBA.
On September 14, 2022, Governor Newsom signed the Community Assistance, Recovery, and Empowerment ("CARE") Act. The CARE Act created a new court program where adults with qualifying, serious mental health conditions can access behavioral healthcare, stabilization medication, housing, and other community services.
The State CARE Courts must appoint qualified legal services projects (QLSPs) to represent respondents. For San Mateo County, both the Legal Aid Society of San Mateo (LASSMC) and San Mateo County's Public Defender Program (PDP) will serve CARE Court clients.
Annually, the Legal Services Trust Fund Commission (LSTFC) CARE Court Grants Committee will determine the budget for each County and any additional QLSPs, support centers, and other entities that apply for the CARE Court Gra...
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