ORliEE? r,u. ._r~~i FiF'F'E(]VF F?E::[=C7LUiIC~tJ a[.rrE-IOt~z~>rdt:; aE,r-~[._:r[:H r zf:~rd F OFi :[iJliIf:iEt~n r~i.:.E-E. r~I:~I_ ~Etr~~v r ~lr~ thi> tFre c'6th day G A~_rg~_rst, ~k9k'7~, ~-rpor~ ri~otior~ made, by C;onr~riis:a:iorie~ Gr:ii=1'in, l,ecori~.ai3ij L5y C.::,lirnnissiorler E3a.ldsroir'~, i,tre Co~.rrt r-inanimo~-rsly approved 6y a vote of 4-~-iD, tine E3e ~_,1.~~.i_i•.,n a~-1i,;l~lari.~ing z~E:;p].1.c,.tLion ~P~,r the i.Ili:I1.gF'arl}. E_iiy{..C11"oC' Ur:xllt, dsnd ign sjmee COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF TffiS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Hentt 1 \ ~ ~ OFFICE: County Judge MEETING DATE: August 26, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of Resolution authorizing application for Indigent Defense Grant. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL 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 RF.CF,iVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine ff adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. INDIGENT DEFENSE GRANT PROGRAM RESOLUTION WHEREAS; under the provisions of the Fair Defense Act, 7T" Regulaz Session, counties aze eligible to receive grants from the Task Force on Indigent Defense to provide improvements in indigent defense services in the county; and WHEREAS; this grant program will assist the county in implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS; the Kerr County Conmussioners' 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 apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Discretionary Grant 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 is designated as the Financial Officer for this grant. Adopted this 26'" day of August, 2002. Kerr County Judge Attest: ~~ ~~~ AA . C.L~L Kerr County Clerk p,TE ~ ~ ~ ~~~~~ TEXAS TASK FORCE ON INDIGENT DEFENSE 205 WEST 14TH STREET, SUITE 600 • TOM1I C. CLARK BDILDIrvG • (512) 936-6994 • FAX (512) 495-3450 P. O. Box 12066 • AUSTIN, Texas 78711-2066 CHAIR: THE HONORABLE SHARON KELLER DIRECTOR Presiding Judge, Court ofCrirttinal Appeals MR. IAMES D. BETHKE VICE CHAIR: THE HONORABLE OLEN UIVDERWOOD August 6, 2002 Hon. Fred L. Henneke Kerr County Judge 700 Main St Kemille TX 78028-5389 Re: Announcement of State Indigent Defense Formula Grant Program 2003 For Texas Counties Dear Judge Henneke, The Task Force on Indigent Defense (Task Force) is pleased to announce that your county may be eligible for an indigent defense formula grant in the amount of $22,439. 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. Like last year's formula grants, these formula grants are incentive driven. In order to qualify for funding, your county must apply for these grants and meet the eligibility requirements and comply with rules specified in the grant application kit. The Task Force adopted §§ 173.1 -173.402 of the Tcxas Administrative Code, on an emergency basis in order to implement the grant authority established by the Texas Legislature. These administrative rules are available at the Texas Judiciary Online at: ht~://www.courtssta[e.tx.us/tfid://www.counsstate.tx.us/tfd. 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 2003. 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, 2002 through September 30, 2003. The 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. Page Two August 6, 2002 The rules and grant application kit prepared for this year's formula 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 to accommodate the needs of your community. Please call Bryan Wilson, at the Task Force office, toll free in Texas at (866) 499-0656, if you have any questions about the application process. Sincerely, Sharon Keller Chair, Task Force on Indigent Defense SK:tt Enclosure - FY03 Formula Grant Application Kit 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, General Counsel, County Judges and Commissioners Ms. April Bacon, Travis County Auditors Office Mr. John Dahill, Texas Conference of Urban Counties Mr. Don Lee, Texas Conference of Urban Counties Mr. Rex Hall, Texas Association of Counties Ms. Aurora Zamora, Texas Association for Court Administration «tt ,y w. r Marw-~~ TEXAS TASK FORCE ON INDIGENT DEFENSE Application for Formula Indigent Defense Grant Program Pursuant to Texas Government Code Section 71, the Texas Legislature has delegated authority to the Task Force on Indigent Defense (Task Force) to direct the Comptroller of Public Accounts to distribute fiords, 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 -State FY 2003: $9,600,000 • Grant Period - FY 2003: October 1, 2002 to September 30, 2003 • Funding -Funds will be distributed in four (4) disbursements for this fiscal year. • Funding Amounts - Determined by a formula based on $5,000 base with remainder based on population (2000 Census). *The method of funding based on population for fiscal year 2003 is subject to change by the Task Force in subsequent fiscal years • Application deadline -Completed applications must be received at the Task Force or postmarked by October.l8, 2002. Submit applications to: Task Force on Indigent Defense c/o Texas Judicial Council 205 W. 14`h Street -Suite 600 P.O. Box 12066 Austin, Texas 787 1 1-2066 Application Process The grant application process consists of four steps. This application kit is designed to guide the applicant through the process. If, at any time, you wish to speak to a Task Force staff member, you may do so by calling toll free to (866) 499-0656. STEPS IN APPLYING FOR A GRANT Determine Eligibility -See page 2 Complete the Grant Application Form -See pace 5 Include the AcknoH'ledgement signed by the administrative fudge-See pages 6 and 7 Submit the County Commissioners Resolution -See pace pending 8 2OS WEST 14TH STREET, SUITE 6OO • TOI1t C. CLARK BCILDI\C P. O. nos 1?06fi • Acsn~, Tows 78711 ?06fi TULI. FREE 566-499-0656 oR S12-936-6994 Fas 51?-475-3450 N'Po' W .000RTSS~A tE.TR.US/TFI D/ Method of Funding The formula grant application provided by the Task Force in FY03 is intended to streamline application processes and reduce reporting requirements. The formula is computed by adding the $5,000 floor for each county to the county's percent of state population multiplied by the amount of Task Force funds. The Task Force will compare the Mandatory Indigent Defense Expenditure Report (due from auditors/treasurers on November 1, 2002) to the baseline year (FY2001). If the amount of increased actual expenses is greater than the allocation for the county, staff will recommend full funding assuming all requirements of the application are met. The method of fitnding based on population for this fiscal year is subject to change by the Task Force in subsequent fiscal years. Counties are advised that the formula based on population used in FY03 will be reevaluated after the third year of data collection (November 2004). Example: County X spends ,3100,000 on indigent defense in baseline Uscal) year 2001 (Oct 1, 2000 to September 30, 2001). bt the coanuv's Expenditure Report submitted by its auditor November 1, 2002 for fscal year 2002 (Oct 1, 2001 to September 30, 2002) they report $120,000 in indigent defense expenses - a $20,000 increase over their baseline year expenses. IjCounty X's allocation is less than the $20,000 in increased expenses they will report expenditures once per year on November 1. Ijtheir allocation is greater than 32Q000 then the couruv is required to justify costs and would report expenditures nvo times per yem - Niav 1 and November 1. For FY03, the Task Force will continue to use FY 2001 as the baseline year for comparison. A county may apply for alternative baseline years by providing information and stating the reasons for the request. A county with no increased costs may also qualify for funding by demonstrating to the Task Force that specific indigent defense improvements planned for the upcoming year will result in an overall increase in the county's expenses over its baseline year. A county that did not submit an application in FY02 must contact Task Force staff for instructions in establishing a baseline year prior to the application being submitted. Indirect costs will not be reflected in the expenditure report nor be used in calculating qualification for this formula grant, except in public defender programs. Direct and administrative costs may be used. Direct costs are payments made to court appointed attorneys, investigators, expert witness, laboratories, and other payments made on behalf of indigent criminal defendants or juvenile respondents. Administrative costs are personnel or other costs paid for by counties directly attributable to the local indigent defense plans and procedures submitted by judges to OCA. Administrative cost could include increased personnel such as court coordinators, magistrates, and attorney contact coordinators allocated [v implementing indigent defense functions. Eligibility Requirements All counties may submit a request for funding and are encouraged to do so. To be eligible for grant funding for Fiscal Year 2003 a county must satisfy each of the statements in the following checklist: ^ Only counties are eligible to apply for grant funds. Application for Formula Indigent Defense Grant Program-TFID Page 2 of 8 ^ 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 8). ^ Funds are to be used to pay for the increased direct and administrative costs of providing indigent defense services in the county. ^ A county may not reduce the amount of fitnds provided for indigent defense services in the county because of funds provided by this grant. ^ Any grant awarded must be administered in accordance with ntles 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. ^ A county must ensure and acknowledge that its mandatory count}nvide indigent defense plan(s) (to be submitted to OCA on or before January 1, 2003) satisfy the conditions setout in the acknowledgement on page six (6) of this application. Application Requirements ^ Completed applications must be received at the Task Force or postmarked by October 18, 2002. Late applications maybe considered depending on fund availability. ^ The attached acknowledgement (page 6) must be included after being signed by all of the proper local judges responsible for submitting the plan(s) to OCA under Texas Government Code Section 71.0351. ^ All documents and information required by this application must be provided to the Task Force. ^ A county that does not expend funds over their baseline year will be required to return funds or have fiords deducted from future awards. Reporting Requirements ^ A county must cooperate with data collection and monitoring efforts of the Task Force. ^ A county that shows actual expenditures equal to or below their allocated amount must submit asemi-annual financial report as directed by the Task Force. ^ A county whose expenditure report establishes actual increased costs above its allocated amount must only submit its annual mandatory Indigent Defense Expenditure Report. Application for Formula Indigent Defense Grant Program-TFID Page 3 of 8 Detailed Guide to the Grant Application Form Box 1-Name of County and Projected Allocation Name of the county applying for the grant and the projected allocated grant if full requirements are met. Box 2-State Payee ID# All counties 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. Contact the Comptroller of Public Accounts to see if an account has been established for the county. Box 3-Division or Unit Identify the division or unit within the county to administer the grant In many counties this will be the county judge. Box 4-Official Mailing Address General mailing address of the county where grant award statements and official documents should be directed. Box 5 -Contact Person Choose a person who is responsible for coordinating with the Task Force or its staff as the contact person and enter that person's name, title, address, telephone number, fax number, and e-mail address, if available. This will be the person Task Force staff members will contact with questions about the application. Box 6-Program Director Name, title, address, telephone number, fax number, and e-mail address (if available) for the program director. This person must be the officer or employee responsible for program operation or monitoring or implementation of the indigent defense plan 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. The financial officer may not serve as the program director or the authorized official. Box 8 -Authorized Official This person must be authorized to apply for, accept, decline, modify, or cancel the grant for the applicant county. A county judge or a designee authorized by the governing body in its resolution may serve as the authorized official. The program director and the authorized official maybe the same person. Application for Formula Indigent Defense Grant Program-TFID Page 4 of 8 INDIGENT DEFENSE GRANT PROGRAM (IDGP) Application Form APPLICATION FOR THE GRANT PERIOD: OCTOBER 1, 2002 TO September 30, 2003 ]DatO R0C8IVeds. POStlnark: ~, -.(For Task FOree ttSe Duly} (rOr TaskFOrCe Use bOly) 1. Name of county and projected allocation: Kert County $22,439 2. Stale payee identification number: 3. Division or unit within [he county to administer the gran[. Grant ORcials 6. Program Director 4. OtTiciel county mailing atltlress. Title: Address: 5. Person who can answer specific questions about this application: Telephone: Contac[• Fax: Title: E-mail: Address: 7. Financial ORcer Title: 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 all Task Force rules, including the attached assurances, if awarded. 8. Signature of Authorized Official: Date: Printed Name: Title: Application for Formula Indigent Defense Grant Program - TFID Page 5 of 8 INDIGENT DEFENSE GRANT PROGRAM ACKNOWLEDGMENT The undersigned have acknowledged the indigent defense plan(s) to be submitted to the Office of Court Administration by January 1, 2003, pursuant to Texas Government Code Section 71.0351, covering adult defendants and juvenile respondents in the district and county courts of Kerr County will comply with the Fair Defense Act. Further, the plan(s) will comply with each of the following specific requirements of the Fair Defense Act: - 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). - A copy of all formal and informal rules and forms that describe the procedures used in the county to provide indigent juvenile respondents with counsel in accordance with the Code of Criminal Procedure and Family Code Chapter 51 have been adopted by the courts and juvenile board and submitted to the Office of Court Administration. - The county has adopted an attorney fee schedule in accordance with Article 26.05, Code of Criminal Procedure that addresses the following issues: - The plan(s) specify a schedule of attorney fees that covers all criminal cases for which punishment by incarceration may be imposed. - The plan(s) specify procedures for payment of expenses, including expert and investigator fees, incurred with prior court approval. - The plan(s) specify procedures for payment of expenses, including expert and investigator fees, incurred without prior court approval. - The plan(s) specifies that no payment shall be made until the form for itemizing the services performed is submitted to the judge presiding over the proceedings and the judge approves the payment. Application for Formula Indigent Defense Grant Program - TFID Page 6 of 8 Notice: Pursuant to Section 71.0351 of the Texas Government, all counties MUST submit a copy of its county indigent defense plan(s) and procedures not later than January 1 of each year. Funds awarded under this grant may be withheld if the indigent defense plan(s) do not contain specific provisions addressing each of these requirements. Acknowledged and Approved: Signature of Local Administrative Datnct Judge / District Judge• Signature of Local Administrative Date Statutory County Court Judge /County Judge' Signature of Chairman or Juvenile Board• Date Printed Name and Title and Title Printed Name and Title * Jurisdictions in Texas have different court configurations. The person(s) responsible for development and submission of indigent defense plan(s) within ajurisdiction should sign in the proper lines above. Each line must contain a signature of the appropriate authority. The same person may sign more than once. Application for Formula Indigent Defense Grant Program-TFID Page 7 of 8 Page 1 of 1 Comm's Court From: "Comm's Court" To: "Tommy Tomlinson" Sent: Wednesday, October 30, 2002 8:52 AM Subject: Re: 10 days Thanks Tommy ............. I'm just trying to stay on top of these documents because they need to be scanned. Linda ----- Original Message ----- From: Tommy Tomlinson To: Comm's Court Sent: Tuesday, October 29, 2002 2:47 PM Subject: Re: 10 days grant application mailed 9-27, is there anything else you need to know about this; purchasing agreement was mailed by road & bridge, ----Original Message---- From: Comm's Court To: Tommy T Date: Tuesday, October 29, 2002 11:17 AM Subject: 10 days have passed since my last email regarding: Application for the Indigent Defense Grant and the Interlocal Participation Agreement. Please give mean update on the status of these two documents. Thanks, Linda Hamilton 10/30/02