ORDER N0. 27529 RF'pROVRL_ OF RF='F'LICRTION I3Y t{ERR CDUNTY FOR INDIGENT DEFENSE GRRNT On this ttie ~-2nd d_iy of Rpril 2002, ~_ipnn motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Co~_irt unanimously approved by a vote of 4-S-S, the application by I:err County for an indigent Defense Grant and authorise Co~_inty J~_idye to sign same. COMMISSIONERS' COURT AGENDA REQUEST " PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Het OFFICE: Count Judge MEETING DATE: April 22, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss application by Kerr County for Indigent Defense Grant and authorize County Judge to sign all necessary documents for such grant application. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ES1~vIATED LENGTH OF PRESENTATION: IF Pr/RSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. P .- ~~~~~ TEXAS TASK FORCE ON INDIGENT `~'"'~"~' DEFENSE 205 WEST 14TH STREET, SUITE 600 • TOM C. CLARK BUILDING • (512) 463-1625 • FAX (512) 463-1648 P. O. BOX 12066 • AOSTIN, TEXAS 78711-2066 CHAIR: THE HONORABLE SHARON KELLER Presiding Judge, Cowl of Criminal Appeals VICE CHAIR: THE HONORABLE OLEN UNDERW OOD Presiding Judge, Cowl of Crirttinal Appeals Apri15, 2002 Deaz Judge Brown, DIRECTOR MR. ]AMES D. BETHKE The Task Force on Indigent Defense (Task Force) is pleased to announce that your county may be eligible for an indigent defense grant in the amount of $17,610. This amount was determined by a formula that sets a $5,000 floor, with the remainder based on your county's population according to the 2000 Census. As you are aware, the Texas Fair Defense Act became law on January 1, 2002. Among other r., things, this law created the Task Force, which is a permanent Standing Committee of the Texas Judicial Council. The 77`h Texas Legislature authorized the Task Force to direct the Comptroller to distribute Fair Defense Account funds, including grants, to counties for indigent defense services. It further authorized the Task Force to monitor grants and enforce compliance with grant terms. As part of this process, the Task Force adopted §§ 173.1 -173.402 of the Texas Administrative Code on an emergency basis in order to implement this grant authority established by the Texas Legislature. These administrative rules aze available at the Texas Judiciary Online at: http://www.courts.state.tx.us/fair defense/index.htm These rules, combined with the grant application kit that is provided with this letter, establish the guidelines for the administration and submission process for grant funds for this grant yeaz. The Task Force is most appreciative of the input that it received from the Texas Association of Counties, the Conference of Urban Counties, and Mr. Jim Allison in preparing these rules and the grant application kit. The purpose of these grants is to aid counties in improving and enhancing the delivery of indigent defense services, and to promote compliance by counties with the requirements of state law and Task Force policies and standazds relating to indigent defense. The new rules and grant application kit were adopted on an emergency basis to ensure that grant funding could be awarded to the state's counties with the least delay and inefficiency. Without the adoption of the new rules and grant application kit on an emergency basis, many counties would likely not be able to expend the grant funds fully, efficiently, or effectively and the Task '~ Force would be unable to distribute these grant funds in a fiscally responsible and fair manner. This grant funding cycle -the time during which expenses maybe incurred and during which funds must be obligated - is for the period of October 1, 2001 through August 31, 2002. The r Task Force will continue to consult with state and county officials to determine how best these grants can be processed and distributed to counties for the continued improvement of indigent defense services. The rules and grant application kit prepazed for this year's grants are intended to provide fiscal assistance to the counties without creating undue expense and reporting burdens in preparing the grant application. I hope you find the rules and grant application kit straightforward, but flexible enough that your community can get what it needs in regazd to indigent defense services. Sincerely, Sharon Keller Chair, Task Force on Indigent Defense cc: Task Force on Indigent Defense Governor Rick Perry Representative Rob Junell, Appropriations Committee Lt. Governor Bill Ratliff Speaker Pete Laney ,.-. Senator Rodney Ellis John Keel, Legislative Budget Board Tina Beck, Legislative Budget Board Mr. Jim Allison Mr. John Dahill Mr. Don Lee Mr. Rex Hall Task Force on Indigent Defense Application Package for Indigent Defense Grants Program Pursuant to Texas Government Code Section 71, the Texas Legislature has delegated authority to the Task Force on Indigent Defense (TFID) to direct the Comptroller of Public Accounts to distribute funds, including grants, to counties for indigent defense services and to monitor counties to ensure compliance with the conditions of the grant. The purpose of these grants is to provide indigent defense systems in Texas. General Information • Total Grant Appropriation - FY 2002: $7,239,900 • Grant Period - FY 2002: October I, 2001 to March 31, 2002 • Funding -Funds will be distributed in one disbursement for this fiscal year. ^ Funding Amounts -Determined by a formula based on $5,000 base with remainder based on population (2000 Census). • Application deadline -Completed applications must be received at the Task Force or postmarked by May 31, 2002. Submit applications to: Task Force on Indigent Defense c/o Texas Judicial Council P.O. Box 12066 Austin, Texas 78711-2066 Application Process There are a variety of steps in the grant application process. This application kit is designed to guide the applicant through the process. If, at any time, you wish to speak to a TFID staff member, you may do so by calling at (SI2) 963-1625. STEPS IN APPLYING FOR A GRANT Determine Elieibility -See paces 1-2 Complete the Grant Application Form -See paces 3-4 Sin the Certification -See paces 5 Complete the Grant Expenditure Report and Fundine Worksheet Paces -See pa es 6 -9 Submit the Countv Commissioners Resolution -See naee 10 Indigent Defense Grants Program Eligibility and Reporting Eligibility Requirements In general, applicants are eligible for grant funding for Fiscal Yeaz 2002 if they comply with all of the statements in the following checklist: ^ Only counties are eligible to apply for grant funds. ^ The County Commissioners' Court must issue a resolution that authorizes the grant request and takes responsibility for the appropriate expenditure of the funds. {See sample resolution, page 12). ^ Funds are to be used to pay for the increased cost of providing indigent defense for the county and the cost of implementing and reporting under the Fair Defense Act. ^ A county may not reduce the amount of funds expended for indigent defense services in the county because of funds provided by this grant. ^ Any grant awazded under this program must be administered in accordance with rules for the Fair Defense Act (FDA) in Chapter 173 of the Texas Administrative Code and " the general grant rules found in the Uniform Grant Management Standards. Reporting Requirements ^ Counties must report expenditures on or before May 31, 2002. ^ The official designated as Program Director by the grantee county is responsible for the reporting requirements of the grant. ^ The grantee may not report funds expended before October 1, 2001 or after March 31, 2002, If using the period beginning January 1, 2002 and ending Mazch 31, 2002, the grantee may not report funds expended before January 1, 2002 or after March 31, 2002. Detailed Guide to the Grant Application Form Box 1-Name of County Name of the county applying for the grant. Box 2-State Payee ID# All entities that receive funds from the state have been issued a state payee identification number. If unknown, first check with the chief financial officer for your county. If still unknown, use your employer identification number as assigned by the Internal Revenue Service. Box 3-Division or Unit Identify the division or unit within the county to administer the grant. Box 4--Official Mailing Address General mailing address of the county. Box 5 -Contact Person Choose a person who is responsible to coordinate with the Task Force or its staff as the contact person and enter that person's name, title, address, telephone number, fax number, and a-mail address, if available. This will be the person Task Force staff members will contact with questions about the application. Box fi--Program Director Name, title, address, telephone number, fax number, and a-mail address (if available) for the program director. The program director should be the official or employee of the county that will be responsible for program operation or monitoring and who will serve as the point-of- contact regarding the program's day-to-day operations. Box 7 -Financial Officer The county auditor or county treasurer, if the county does not have an auditor. Include the name, title, phone number, and fax number for the county financial officer. INDIGENT DEFENSE GRANT PROGRAM (IDGP) ., Application Form r APPLICATION FOR THE CRANT PERIOD: OCTOBER 1, 2002 TO MARCH 31, 2002 - - ~ `: Date RCCCIVed:,° ,. ' (for Task Force use only) 1. NAME OF COUNTY. 2. State payee identification number 3. Division or unit within the county to administer the grant. Grant Officials b. Pro’ram Director 4. Official county mailing address. Title: Address: 5. Person who can answer specific questions about this application: Telephone: Contact: Fax: Title: E-mail: Address: 7. Financial Officer Titte: Address: Telephone: Fax: E-mail: Telephone: Fax: E-mail: To the best of my knowledge, all information in this application is true and correct. The application has been duly authorized by the governing body of the grantee county and county agrees to comply with alt Task Force rules, including the attached assurances, if awarded. Signature of Authorized Official: Date: Printed Name: Title: INDIGENT DEFENSE GRANTS PROGRAM CERTIFICATION The undersigned have reviewed the current indigent defense plan(s), pursuant to Texas Government Code Section 71, covering adult and juvenile defendants in the district and county court of County. We hereby certify that the plan(s) comply with each of the following requirements of the Fair Defense Act, Texas Government Code Section 71.0351. ^ The plan(s) specify that each accused person will be brought before a magistrate within 48 hours of arrest for proceedings under Article 15.17 of the Code of Criminal Procedure. ^ The plan(s) specify that when an eligible defendant submits the required documents for the appointment of counsel, the request and documents required will be transmitted to the appointing authority within 24 hours of the request, ^ The plan(s) specify that the appointing authority will appoint counsel for eligible defendants within one working day of receiving The request (counties with population of 250,000 and above) or within three working days of receiving the request (counties with population under 250,000).* ^ The applicant county also acknowledges compliance with all relevant state statutes, „_ regulations, policies, guidelines, and requirements including the Title 1, Chapter 173, of the Texas Administrative Code, and the Uniform Grant Management Standazds (UGMS), as they relate to the application, acceptance and use of funds for this program. [Attach any amended interim indigent defense plan as necessary] We propose to use the grant to pay for the following improvements in this county's indigent defense services: Certified and Approved: Applicant's County Indi,?ent Defense Grant Program _ _ Program Title Printed Name and Title oCAuthoriud Official Signature of Authorized Official Date * This requirement does not necessarily need to apply to defendants who are released on bond prior to appointment of counsel so long as the plan appoints counsel at least by the first court '" appearance or the initiation of adversarial judicial proceedings, whichever occurs first. Indigent Defense Grant Program Grant Expenditure Report Please refer to grant reporting definitions. EXPENDITURE CATEGORY BASELINE YEAR EXPENDITURE REPORTING PERIOD' (SELECT ONE) Liti ation Ex enditures: 1011100 - 9130!01 10/1/01 - 3!31/02 111/02 - 3131102 Attorne Fees Other Litigation Expenditures (i.e. investigation, expert witnesses, other liti ation ex enditures . Total Liti ation Ex enditures Administrative/Indirect Ex enditures: Personnel Travel and Trainin E ui mentZ Other Direct Ex enditures Indirect Ex enditures Total Administrative/Indirect Ex enditures Public Defender Overhead Grand Total Some counties began implementation efforts prior to January 1, 2002. A county may include expenditures, and encumbrances, for implementing the indigent defense system for either the period of October 1, 2001 to March 31, 2002 or the period of January 1, 2002 to March 31, 2002. The amounts reported will be annualized for comparison to the baseline year expenditures. Z Include list of equipment purchased, including the description and cost for each item. Note: Please complete the Funding Worksheet after you have completed the Grant Expenditure Report to make a preliminary determination concerning your county's eligibility for Fair Defense Act grant funds. Funding Worksheet Indigent Defense Grant Program Complete this worksheet aker you have completed the Grant Expenditure Report to make a preliminary determination concerning your county's eligihility for Fafr Defense Act grant funds. EXPENDITURE REPORTING PERIOD 1011/01 -3131/02 1/1/01 -3/31/02 6-month eriod 3-month eriod EXPENDITURE REPORTING PERIOD (a) Grand Total If reporting 6-month period, multiply by 2 (b) If reporting 3-month period, multiply by 4 X 2 X 4 (c) Annualized Ex enditures a b BASELINE YEAR (d) Grand Total 0 0 (e) DIFFERENCE c - d the amount on line (e) is a negative number, you may still be eligible for grant funds. To assist in aking this determination, please explain any circumstances that would have caused your cpenditures for indigent defense to decrease during the grant reporting period. Also, please note iy unusual items which may be reflected in your Baseline Year (i.e. SB 7 expenditures prior to ctober 1", extraordinary items in base period, etc...). You may also detail expenditures made as a rect result of implementing the Fair Defense Act. THIS BOX SHOULD BE COMPLETED EGARDLESS OF WHETHER {e) IS POSITIVE OR NEGATIVE SINCE FUTURE GRANTS MAY SE THE BASELINE AMOUNT ! INSTRUCTIONS FOR COMPLETING FORM: This forth should be completed using amounfs recorded on the Grant Expenditure Report. Enter the Grand Total amount from the last line of the EXPENDITURE REPORTING PERIOD column. You should only (a) have amounts entered in one wlumn or the other, not both. (b) No antry required. (c) Multiply the amount on line (a) by 2 or 4, as shown, to calculate expenditures on an annualized basis. (d) Enter the Grand Total amount from the last line of the BASELINE YEAR column. (e) Subtract the BASELINE YEAR amount (d) from the EXPENDITURE REPORTING PERIOD amount. Grant Program Reporting .-- Definitions Expeuditures: Includes amounts expended and encumbered or otherwise legally obligated during the reporting period. Baseline Year: Expenditures for the period of October 1, 2000 to September 30, 2001 will establish costs incurred to provide indigent defense services in the county during the period identified as a baseline period. The amounts reported for the period will be compared to the (annualized) amounts reported for the Expenditure Reporting Period to determine excess costs associated with the implementation of the Fair Defense Act. Expenditure Reporting Period: A county may select either the period of October 1, 2001 to Mazch 31, 2002 or January 1, 2002 to March 31, 2002 as the reporting period. Include all expenditures incurred by the county to provide indigent defense services for the selected period. Funding Worksheet: The purpose of the funding worksheet is to make a preliminary determination regarding the county's eligibility for grant funds. It also provides the county the opportunity to explain any reduction of indigent defense expenditures from the baseline year. Litigation Expenditures: Attorney Fees: Reasonable attorney's fees for time spent in accordance with an adopted ~.. schedule of fees. The county's adopted schedule of fees may be a set hourly rate for separate types of services on which an attorney spends time and/or a flat rate for types of service. It is assumed that the billing rate includes an allocation for the attorney's or firm's overhead such as utilities and rent. No non-labor items such as caz rental or hotel expense are shown in this account. Other Litigation Expenditures: Includes expenditures for: Investigation -Costs expended for reseazch and investigation of the crime or evidence, such as investigators' costs, lab fees, medical exams, and psychologicallpsychiatric examination. Exoert Witnesses -Costs expended For payment to expert witnesses used in a case, such as travel. Other Litigation Expenditures -Expenses not included in the previous categories, such as interpreter services and transcription services. Amounts paid for indigent defense support services must be approved by the judge presiding over proceedings. Legal fees must be approved by the judge presiding over proceedings and paid in accordance with a schedule of fees adopted by formal action of the judges of the county courts, statutory courts, and district courts trying criminal and juvenile cases in the county. ADMINISTRATIVE/INDIRECT EXPENSES: Personnel: Salaries and wages, including fringe benefits. Fringe benefits include, but aze not limited to, the costs of leave, employee insurance, retirement, and unemployment benefits. ,.-. Travel and Training: Travel costs include transportation, meals and lodging and related, incidental costs. This category may include travel for contracted personnel. Grant funds used for travel expenses must be expended in accordance with state travel guidelines. Training (for county employees only) includes registration fees or tuition if the course taken directly relates to the administration of the county's indigent defense program. Equipment: Tangible, non-expendable personal property with a useful life of more than one year and an acquisition cost of $1,000 or more per unit, and any other item, regardless of cost, that the county chooses to capitalize in its own accounting records. Equipment must be used in direct support of the investigation and defense of crimes allegedly committed by indigent defendants or in meeting the requirements of the Fair Defense Act. Applicants must submit with their grant applications a list of all proposed equipmenf purchases for approval. The Task Force or its designees may refuse any request for equipment. Decisions regarding equipment will be made based on whether the grantee has demonstrated that the requested equipment is necessary and reasonable in cost. The Task Force will not approve grant funds for general agency use of vehicles or other equipment. Other Direct Expenditures: Costs directly related to the operation of the county's indigent defense program that are not included in other expenditure category. These costs may include office rent, utilities, office supplies, shazed usage costs of office equipment, vehicle operating expenses, paper, printing, postage, and educational resource materials. This category may also include development costs for sofivaze and software upgrades to comply with the requirements of the Fair Defense Act. Any professional or contractual service must be in direct support of the investigation and defense `^' of an eligible offense or in meeting the requirements of the Fair Defense Act. Any contract or agreement entered into by a grantee that obligates grant funds must be in writing and consistent with Texas contract law. Indirect Expenditures: Costs incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefited. Examples would include financial services, human resources and other functions that support multiple county programs. The Task Force may approve indirect costs in an amount not to exceed ten percent of the approved direct costs in the grant award, unless the grantee has an approved cost- allocationplan. If the applicant has acost-allocation plan, the applicant should indicate the indirect cost rate in the allocation plan as part of the application. The Task Force may request documentation to verify approval of the grantee's indirect cost rate and may reject any approved cost-allocation plan it believes is excessive. Public Defender Overhead: Indirect expenditures allocated to the public defender's office. This section is not applicable if the county does not have a public defender's office. ^ Sample Resolution Indigent Defense Grant Program WHEREAS, under the provisions of the Fair Defense Act, 77`h Regular Session, counties are eligible to receive financial assistance from the Task Force on Indigent Defense to provide indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, County Commissioners Court has agreed that in the event of loss or misuse of the funds, County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW THEREFORE, BE IT RESOLVED and ordered that the County judge of this county is designated as the Authorized Official to execute the grant application for the Indigent Defense Expense Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and ^ Contact Person for this grant and the County Auditor/County Treasurer is designated as the Financial Officer for this grant. Adopted this day of , 2002. County Judge Attest: County Clerk 10 RESOLUTION INDIGENT DEFENSE GRANT PROGRAM WHEREAS, under the provisions of the Fair Defense Act, 77m Regular Session, counties aze eligible to receive Snancial assistance from the Task Force on Indigent Defense to provide indigent defense services in the County; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, the Ken County Comm~~~ioners' Court has agreed that in the event of loss or misuse of the funds, the Kerr County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to execute the grant application for the indigent Defense Expense Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Duector and Contact Person for this grant and the County Auditor/County Treasurer is designated as the Financial Officer for this grant. Adopted this 22od day of Apri12002. `~~// Kerr County Judge Attest: Jannett Pieper Ker C ~ ~•! Q r ounty Clerk J O ~ 6 ~ B Kerr County Clerk y epu ~Sc+,,.....,.n ~