To: Board of Supervisors
From: Ellen McDonnell, Public Defender
Report Title: Add (1) Forensic Social Worker, add (1) Public Defender Client Services Specialist, and add (1) Legal Assistant to the Public Defender’s Office.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Position Adjustment Resolution No. 26366 to add (1) Forensic Social Worker (25WC) (represented) position at salary plan and grade 255 1553 ($7549.55-$8323.37), add (1) Public Defender Client Services Specialist (26SC) (represented) position at salary plan and grade QV5 1521 ($7073.82-$8598.27), and add (1) Legal Assistant (2Y7B) (represented) position at salary plan and grade ZB5 1337 ($6496.09-$7896.04) in the Public Defender’s Office; and
APPROVE Budget Amendment No. BDA-24-01060 authorizing new revenue in the amount of $373,028 from the State Bar of California CARE Act, and appropriating it for salaries and benefits for the FY2024/25 budget.
FISCAL IMPACT:
Upon approval, this action will result in an annual cost of $416,937 for salaries and benefits. FY2024-25 cost of $373,028. This cost is fully funded by the State Bar of California (State Bar) Care Act.
BACKGROUND:
On December 1, 2024, the County of Contra Costa is launching a new, state funded program called Community Assistance Recovery and Empowerment (CARE) Court, which establishes a new non-criminal court proceeding. The CARE Court model is designed to assist individuals with untreated schizophrenia and other psychotic disorders in receiving mental health treatment and other supportive services. Through CARE Court, judges will order mental health treatment, behavioral health counseling, housing assistance, medically necessary stabilizing medication, and other social services.
Contra Costa County is a “cohort 2” county and will officially launch CARE Court proceedings on December 1, 2024, as required by the State. Pursuant to the Budget Act of 2024 (attachment - Assembly Bill No. 107), the State Bar of California (State Bar) is administering 2024-2025 Community Assistance, Recovery, and Empowerment (CARE) Court funding for legal services. These funds are to provide representation in the CARE Act proceedings (attachments - Part 8. The CARE Act [5000-5987], Ch 1-6), matters related to CARE agreements, and CARE plans. In Contra Costa, the Office of the Public Defender was appointed by the State Bar of California to provide legal representation for CARE Court respondents. Accordingly, through the State Budget Act of 2024, the Public Defender will receive $373,028.35 in funding ($208,468.52 of which is for staffing) from the State of California starting December 1, 2024, to provide legal representation to respondents in CARE Court proceedings. Over the last several months, the Public Defender has been working closely with other county and community stakeholders on the CARE Court planning and implementation process.
The Public Defender’s Office will utilize the funding to staff a multi-disciplinary team, including a Forensic Social Worker (25WC), Public Defender Client Services Specialist (26SC), and Legal Assistant (2Y7B) to support the representation of clients participating in CARE Court.
CONSEQUENCE OF NEGATIVE ACTION:
Not filling these crucial positions will cause the department to lose significant grant funding which the department has committed to the State Bar of California’s (State Bar) Care Act. Further, not establishing the CARE Court model will disadvantage community members who struggle with untreated schizophrenia and other psychotic disorders in receiving mental health treatment and other supportive services.