Indigent Defense Grant and Report Training

0 comments

file time: 2008-02-16

filetype:ppt

Click Here To Download...

>  
 
 
 
 

Indigent Defense Grant and Report Training 

Bryan Wilson, Grants Administrator

Carol Conner, Fiscal Monitor

 

Agenda 

Formula Grants Direct Disbursements Indigent Defense Expenditure Report Discretionary Grants Other Funding and Assistance Monitoring Countywide Judicial Plans  

Why We Do What WE DO 

When loss of liberty or life are at stake, the Constitution and laws of this state require government to provide an attorney and other defense costs on behalf of adult defendants and juvenile respondents who are financially unable to employ an attorney or pay other defense costs.  

The Texas Constitution

Article 1 - BILL OF RIGHTS

Section 10 - RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS

In all criminal prosecutions the accused .......... shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses ....... (Amended Nov. 5, 1918.)  
 

CONSTITUTION OF THE UNITED STATES OF AMERICA    
AMENDMENT 6

Rights of the accused.  
In all criminal prosecutions, the accused shall enjoy the right to .............., and to have the Assistance of Counsel for his defense.  

Indigent Defense Costs Covered by the Counties and the State 
FY2002 through FY2005

 

Formula Grants 

Formula Based on Texas State Data Center Population Estimate Floor $5,000 $12 Million Available Statewide  
Deadline to Apply October 23, 2006  
Automatic On-line Application  
Only One Two Part Form to Submit Resolution/Internet Submission Form Funds based on Court Cost Collections of Counties and Surety Bond Fees  
Amount may increase or decrease based on collections  
Must meet minimum eligible expenses  
Meet OCA electronic reporting requirements  
 

Formula Grants

Authorized Official  
Program Director (receive all notices unless otherwise indicated in application)  
Financial Official  
 
 

Grant Officials

 

Who Is Eligible to Apply? 

All Texas Counties  
 
Countywide Judicial Plan documents on file and meet FY07 grant requirements  

Baseline 

County Indigent Defense Expenses in 2001 Purpose: Assure non-supplanting requirements of the Fair Defense Act Tex. Gov't Code 搂 71.062 (d) A county may not reduce the amount of funds provided for indigent defense services in the county because of funds provided by the Task Force on Indigent Defense under this section  

Direct Disbursements 

Non-applying Counties00Formula Grant Allocation Pooled  
Eligibility County did not apply for formula grant Counties with both low incidence of crime and low indigent defense costs are asked to volunteer for pool  
Counties not applying in the current year and did not spend grant funds in previous year may be eligible for twice their allocation Lipscomb grant amount $6,601 - actual received $12,885 -last pay FY02 Crockett grant amount $7,094 - actual received $14,188 00ast pay FY04  

Direct Disbursements 

Reimbursement for direct indigent defense costs above an amount equivalent to the county00 baseline (FY01) expenses Subject to availability of funds Send in Application no later than August 15 each year Countywide Judicial Plan documents on file and meet FY06 grant requirements Steps in Formula Application Process  

Indigent Defense Expense Report 
(IDER) 

Required by Statute From County Auditors Tex. Gov't Code 搂 71.0351.  Indigent Defense Information Treasurers, if no auditor  
All Counties must submit regardless of whether they receive grant funds  
Due November 1 of each year Serves as Annual Formula Grant Report   
Basis for Task Force00 Annual report to the Governor and Legislature and for Research  
Helps identifies risk factors for monitoring  
Used by counties to compare their activities to other counties and state.  
 
 
 

IDER - Uses

Submitted on-line Increased administrative costs over FY2001 Equipment used exclusively for indigent defense or have allocation schedule available for review. Report Reimbursements 00Pre-trial and Community Supervision  
 
 

IDER - Issues

 

FY2006 Report Changes 

Counties Must List Reimbursements for 11.071 Writs and Other Funds Expense Categories Now Match Case Categories All Indigent Defense Expenses Reported 00Even Discretionary Grant Expenses  

IDER Data Collection Process 

The Judge

The Attorney

IDER

The Auditor/ Treasurer

Public, Defendants, Others

 

IDER 00 
Assigned Counsel System 

Must have a payment instrument  Itemized bill submitted by attorney Approved by the judge Date and service Must have basic case information Misdemeanor, Felony, Juvenile, Appeal, No charges filed Number of cases disposed  

IDER 00 
Contract /Term Assignment 

Must have a payment instrument  (Tx CCP Section 搂26.05(c)) Itemized bill submitted by attorney Approved by the judge Date and service Must have basic case information Tx GC 搂 71.0351 Misdemeanor, Felony, Juvenile, Appeal, No charges filed Number of cases disposed  

IDER 00 
Public Defender System 

No payment instrument   Must have basic case information Tx GC 搂 71.0351 Misdemeanor, Felony, Juvenile, Appeal, No charges filed Number of cases disposed or closed  

Calculation for Grant Expended 

$25,800 

County qualified for spending Grant and spent an additional amount of: 

$12,200 

FY06 TFID Grant offset only part of increase 

$38,000 

Difference Over Baseline 

$138,000 

FY06 Expenses 

$100,000 

FY01 Expenses (Baseline) 

X County

The Statute Requires That Every County Report the Following: Attorney fees for indigent defendants accused of crimes and juvenile respondents; Expenses for licensed investigators, experts, forensic specialists, or mental health experts related to the criminal defense of indigent defendants/juvenile respondents; and Other direct litigation expenses Expenses allowed by a grant RFA or necessary for the operation or improvement of an indigent defense system.  

Allowable Costs

 

Unallowable Costs 

Adopted the Uniform Grant Management Standards (UGMS) to determine allowable costs. In accordance with UGMS and/or the grant rules the following apply: General government costs are unallowable; Costs of law enforcement, prosecution, and incarceration are unallowable; Replacing existing county funding with grant funds is unallowable; and Funding previously existing positions is unallowable.  

Unallowable Costs 

Court reporters (Except Transcript Fees on behalf of an indigent defendant)  
Court Interpreters  
Civil case attorney fees               (e.g. CPS cases)  

Unallowable Costs 

Civil case expenses for investigators, expert witnesses, or other litigation expenses Civil case court reporters00and interpreters00fees Expenses, including equipment, used for county offices not involved in the provision of indigent defense services Indirect costs are not allowed.  

Discretionary Grants 

Competitive  
Reimbursement  
$ Amount Available Statewide Not yet set by Task Force  
Maximum one program per county  

Discretionary Grants 
Purpose 
 

Develop programs or processes to improve indigent defense services  
Support policy initiatives of Task Force  

FY2008 Discretionary Grants  
Application Cycle 

RFA in December 2006  
Intent to Submit in February 2007  
Full Application in April 2007  
Award in May 2007 Funding Cycle 00October 1, 2007 through September 30, 2008  
Quarterly Fiscal and Progress Reports  
Countywide Judicial Plan documents on file and meet FY08 grant requirements  

FY2008 Discretionary Grants 
Funding Cycle

 

Programs or processes that: 

Improve indigent defense services.  
Develop a model program or can be duplicated in other jurisdictions. 
Involve multiple counties coordinating their submission.  

Discretionary Grant  
Priority Funding

 

Programs or processes that: 

Show a county00 (ies00 long term commitment to the program.  
 
For example: a seed program that requests funds from the Task Force to start a program the county will maintain over time  
 

Discretionary Grant  
Priority Funding, cont.

 
 

Programs or processes that: 

Contain a cash match from the county or other non- governmental source  
Have minimal or no indirect costs requirements  
Are from jurisdictions less than 250,000 in population.  

Discretionary Grant  
Priority Funding, cont

 

Additional Multi-year  
Discretionary Grants Requirements 

Provide direct services to indigent defendants Establish a public defender office Establish a regional public defender office Establish a mental health defender service Programs that provide juvenile defender services. Minimum application of $TBD FY07= $10K Maximum application of $TBD FY07= $200K  
Staff positions require 50% match Technology grants require 50% match  

Single-year  
Discretionary Grants

Minimum application of $TBD FY07= $50K Maximum application of $TBD FY07= $500K  
Cash Match Required On-line application Application Resolution and supporting documents  

New Multi-year  
Discretionary Grants

 

Pays up to: 

80% -- year one 60% -- year two 40% -- year three 20% -- year four  
 
 

Multi-year  
Discretionary Grants

 

Application MUST: 

Include a plan on future funding.  
Distinguish in the budget narrative between startup cost and operating costs.  

Note: An application must be submitted each year to continue program

 
 

Multi-year  
Discretionary Grants, Cont.

Complete ALL sections Complete ALL sections in the manner indicated Double check work before submitting Make sure to submit before deadline  
Call ME if you need help!  
 
 
 

Grant Writing Tips

 

Writing a Discretionary Grant  

Application 00Name the grant and the officials Title and Introduction 00ummarize the program (100 Words) Problem Statement - Clearly state the issue in your county that the program would correct Objectives - outcome of proposed activities. Answer what do we hope to accomplish?  
Methodology or Project Design - Describe the specific activity the county will conduct if funded Answer what are we going to do.  

Writing a Discretionary Grant

Evaluation 00Develop reporting methods on how the proposed activity goals are measured. Answer What did we do for all this money?  
Future Funding- Include information on how the proposed activity fits into the county00 long-term indigent defense systems Answer How committed are we?  

Writing a Discretionary Grant

Personnel Salary Fringe Include FTE Information Travel and Training Equipment Supplies Contract Services Indirect Rate if approved  

Budget

Single-year - cover all cost associated with implementing a program  
Multi-year - Identify clearly in narrative what are start-up costs and what are operating costs  

Writing a Discretionary Grant  
Budget

 

General Review Process 

Each section is scored separately Scored by independent reviewers Decisions made by Task Force after staff recommendations Task Force may offer substitutions or negotiate final program  

Technical Support 

Projects that increase the knowledge base about indigent defense in Texas Must result in a paper about the process and the outcome May include indigent defense evaluation or actual application of a plan or process Subject to availability of staff time or funds Submit requests to Task Force Director  

Technical Support Projects and Studies 

Lubbock County Mentoring Program Wichita Public Defender Office Evaluation Dallas Public Defender Office Evaluation Blueprint for Establishing a Public Defender Office in Texas  
Harrison County Indigent Defense Process Review Indigency Verification Project PD Document Development Project Your project  

Research 

Wichita Public Defender Office Evaluation Dallas Public Defender Office Evaluation Cost impact of FDA on Counties Impact of Direct Filing  
 

Extraordinary Expenses 

Counties may seek reimbursement for direct indigent defense costs above an amount equivalent to the county00 baseline (FY01) expenses plus their current formula grant award Subject to availability of funds at the end of the state fiscal year Countywide Judicial Plan documents on file and meet FY06 grant requirements  
 

Extraordinary or Emergency Expenses 

Extraordinary Funds FY2004 $200,000 to four counties FY2005 $316,000 to six counties FY2005 91,000 to two counties Demonstrate why this increased

    expense is constituting a financial emergency  

 

Monitoring 

Fiscal  (Since 2003) Baseline Expenses related to indigent defense Capital / Equipment Program (NEW) Court processes consistent with plan and statute Local plan implementation tracking  

Fiscal Monitoring 

Invoice/accounts payable vouchers (court orders)  
Attorney fee schedule(s)   
Reviewing fiscal records

 

FY04 Fiscal Monitoring 

Incomplete attorney fee vouchers  
Request for counsel not documented  
Payment not on public appointment list Contract Defender System  
Continuing Legal Education (CLE)  
Self-monitoring and internal reviews  

FY05 Fiscal Monitoring

 

FY 2006 Fiscal Monitoring Results  

Accuracy of Indigent Defense Expenditure Report (IDER)  
Approval of Qualified Attorneys  
Attorney Application  
CLE training documentation   

    Purpose:

    1) Legislatively Required/Directed; 

    2) Promote Local Compliance and Responsibility with the Core Requirements of the Fair Defense Act through Evidence-Based Practices 

FY2006 Program Monitoring

 

FY2006 Program Monitoring 
CORE LEGAL REQUIREMENTS 
  

Timeframes for appointment of counsel Minimum attorney qualifications Fair, neutral, and non-discriminatory attorney selection process Standard of indigence Standard attorney fee schedule and payment process  

These are the Timelines for Appointment of Counsel 

FDA Requirements

 

FY2006 Program Monitoring 
RECENT FINDINGS AND RECOMMENDATIONS 
  

Local jurisdictions would benefit from:

Improved Record Keeping; Periodic Self-Assessment; Uniform Magistrate Forms.  Processes encouraging/requiring appointed attorneys to make timely contact with clients.  

Countywide Judicial Plan 

Must Include: Local Indigent Defense Process Core Legal Requirements (Fair Defense Act) Standards Adopted by Task Force 
Submitted By: Local Admin District and Statutory Judge Juvenile Board  
Due: Annually by November 1st in Odd Numbered Years  

Keep Getting A Bang For Your Buck! 

The Court Collections Project

Jim Lehman, Director of Collections Office of Court Administration

205 West 14th Street, Suite 600

Austin, Texas 78701

Phone (512) 936-0991

Fax (512) 463-1648 

 
 
 
 
 

   download Indigent Defense Grant and Report Training