TO: Board of Supervisors
FROM: Amanda Gibbs, Chief Probation Officer
REPORT BY: Kimberly Alarcón, Probation Administrative Manager
SUBJECT: Memorandum of Understanding with Napa Superior Court
RECOMMENDATION
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Approve and authorize Agreement No. 270158B with the Superior Court of Napa County for a term through June 30, 2029 for the provision of Pretrial services. (Fiscal Impact: $209,923 Revenue; General Fund; Budgeted; Discretionary)
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BACKGROUND
Senate Bill 129 (Stats.2021, Ch. 69), amended the Budget Act of 2021 providing for 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.”
Under the terms of the State funding, the Court must contract with any county department, including the Probation Department to perform required Pretrial services. The funding is earmarked for a Pretrial Program to support a judicial system that protects the public, ensures the rights of defendants and the fair and efficient administration of justice in pretrial decision-making.
The funding is intended to provide Courts with information and resources to support judicial officers in making pretrial release decisions that impose the least restrictive conditions to address public safety and return to court as well as implementation of appropriate monitoring practices and provision of services for released individuals.
The MOU is an agreement for the provision of Pretrial services between the Court and Probation. The Court shall compensate Probation for employee salaries and benefits, services, and supplies for the expansion of the Pretrial Program. Annual ongoing funding is expected. In fiscal year 2026-27, Probation is estimated to receive $209,923 in revenue and the Court is anticipated to receive $203,923 with the option to retain up to 30% of the State allocation.
Requested Action: Approve Agreement No. 270158B with Napa Superior Court for the provision of Pretrial services, for the term July 1, 2026 through June 30, 2029 with two (2) additional one (1) year auto renewals.
FISCAL IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Probation 1420000 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The Budget Act of 2021 designates the required services tied to the State award can only be performed by the County Probation Departments or any County department or agency that does not have primary responsibility for making arrests or prosecuting criminal offenses. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Future appropriations will be budgeted accordingly. |
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Consequences if not approved: |
If the MOU is not approved, the Probation Department will not meet the requirements of the Pretrial Program required by the State and will not receive additional revenue to offset current Pretrial operations paid by the General Fund. |
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Additional Information |
County Strategic Initiative: Build Healthy, Connected Communities |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.