Background
California Senate Bill 129 amended the Budget Act of 2021 to allocate $140,000,000 “to the Judicial Council to fund the implementation and operation of ongoing court programs and practices that promote the safe, efficient, fair and timely pretrial release of individuals booked into jail. The purpose of this funding is to provide courts with information and resources to support: (a) judicial officers in making pretrial court decisions that impose the least restrictive conditions to address public safety and return to court; and (b) implementation of appropriate monitoring practices and provision of services for released individuals.”
SB129 requires the Judicial Council of California to distribute this funding to 58 California courts and county supervision agencies, providing them with the resources necessary to assist judicial officers in making pretrial release decisions based on the least restrictive conditions, while ensuring public safety. County supervision agencies and community-based organizations that counties might contract with for pre-trial services are required to implement appropriate monitoring practices and pretrial services programs for released individuals.
Reason for Recommended Action
Senate Bill 129 offers an opportunity for either the creation or expansion of on-going pretrial services with additional State funding (note: SB 129 funding may not supplant funding already dedicated to pretrial services). The Yolo County Probation Department was one of only a handful of counties that already had a robust pretrial program in existence when this legislation was passed. Therefore, the Probation Department could only utilize the funds to expand its program and could not supplant the use of Community Corrections Partnership (CCP) funds which were already budgeted for this program.
On December 7, 2021, the Board of Supervisors authorized the Chief Probation Officer to enter into a Memorandum of Understanding (MOU) with the Yolo Superior Court of California to receive the ongoing annual funding of $529,920 to enhance the County’s existing pretrial program. The Probation Department held the allocation and was able to directly draw down funds once the monies were expensed. The Yolo Superior Court of California will sunset the use of these funds as of June 30, 2024. As part of that process, they have requested that all unspent funds be returned to them prior to fiscal year-end 2023-2024.
To date, the Probation Department has utilized the ongoing funds from SB129 as shown below:
Funds Disbursed by Judicial Council: $1,138,220
Funds Utilized by Probation: $627,613
Remaining Unspent Funds: $510,607
These remaining unspent funds will be available for use by the Probation Department through cost reimbursement billings through June 30, 2024. Transferring the unspent funds at this time is in response to changes in the procedure to cost reimbursement through billings to the Yolo Superior Court of California.
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