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File #: 21-413    Version: 1 Name:
Type: Resolution Status: Passed
File created: 5/19/2021 Departments: COUNTY MANAGER
On agenda: 6/8/2021 Final action: 6/8/2021
Title: Adopt a resolution authorizing 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 period of July 1, 2021 through June 30, 2023, in an amount not to exceed $43,966,291 for services.
Attachments: 1. 20210608_r_Resolution PDP Contract FY 2021-23.pdf, 2. 20210608_a_PDP Agreement.pdf
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: Michael P. Callagy, County Manager
Iliana Rodriguez, Deputy County Manager
Subject: Agreement for Indigent Legal Representation Services


RECOMMENDATION:
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Adopt a resolution authorizing 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 period of July 1, 2021 through June 30, 2023, in an amount not to exceed $43,966,291 for services.

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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 is too poor to employ an attorney has a constitutional right to the free appointment of counsel. Since 1968, the County's mandated indigent legal representation services has been provided by the Private Defender Program (PDP) through a contract with the San Mateo County Bar Association (SMCBA). The current two-year agreement with the SMCBA expires on June 30, 2021. The contract amount for Fiscal Year 2021-22 is $21,648,544 and $22,317,747 for Fiscal Year 2022-23.

DISCUSSION:
This agreement will supersede the current agreement expiring on June 30, 2021. The agreement includes the addition of the following three positions:

* Assistant managing attorney position to help with oversight and training of attorneys.
* Supervising Social Worker to act as a liaison with the Courts and Forensic Mental Health team in the jail and attorneys to assist in formulating mental health treatment plans.
* Executive Administrative Assistant to assist with collecting and reporting data, as well as overseeing discovery.

On September 20, 2016, your Board approved recommendations from the County Manager and County Controller to institute financial controls and management oversight. The PDP has developed various management and financial reports which are submitted mo...

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