To: Martin L. Cousineau, Finance Committee Chairperson
From: Nathaniel C. Perry, III, Chief Public Defender
title
RE: Approval of a request to create, post, and fill one Mitigation Specialist position at Genesee County's Office of the Public Defender; this position is fully grant funded
recommendation
BOARD ACTION REQUESTED:
Approve request to create, post, and fill one Mitigation Specialist position; this position is fully grant funded
BACKGROUND:
In 2008, the National Legal Aid and Defender Association published a report finding that the State of Michigan failed to provide constitutionally adequate defense counsel to those who cannot afford an attorney. In 2013, the state legislature created the Michigan Indigent Defense Commission (MIDC) to establish and enforce minimum standards for the delivery of indigent defense, as well as to “ensure the state’s public defense system is fair, cost-effective, and constitutional while simultaneously protecting public safety and accountability.” Under this mandate, the MIDC outlined nine standards for indigent defense. The last two standards were officially approved by LARA on October 24, 2023. /by statute, the MIDC provides funding to local systems to comply with the standards.
DISCUSSION:
The Office of the Public Defender continues to strive to provide high-quality interdisciplinary representation to those who are indigent in our community. Our FY23/24 MIDC grant includes funding for additional Mitigation Specialist to assist defense counsel with client advocacy by developing individualized sentencing plans with alternatives to incarceration. This will also assist with reducing overcrowding when successfully advocating for appropriate community resources such as treatment and educational programs in lieu of jail sentences.
IMPACT ON HUMAN RESOURCES:
The position will need to be created and posted.
IMPACT ON BUDGET:
Funding for this position is covered through MIDC grant, 2921-283.00. All MIDC Grant funding is included in the FY23/24 approved budget. No County appropriation is required.
IMPACT ON FACILITIES:
None, our office has space to accommodate the new employee.
IMPACT ON TECHNOLOGY:
New staff will require the usual equipment.
CONFORMITY TO COUNTY PRIORITIES:
Mitigation Specialists work with defense counsel and partner with community organizations to address underlying social issues impacting our clients, doing their part to promote healthy and safe communities and embrace diversity, equity, and inclusion in their daily operations.
resolution
TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
BE IT RESOLVED, by this Board of County Commissioners of Genesee County, Michigan, that the request by the Chief Public Defender to authorize establishing, posting, and filing a Mitigation Specialist position, said position to be fully funded by the MIDC Grant 2921-2921-283.00 with no county appropriation required, is approved (a copy of the memorandum request and supporting documentation being on file with the official records of the November 29, 2023 meeting of the Finance Committee of this Board) and the Chief Financial Officer is directed to record the attached budget amendment.
BE IT FURTER RESOLVED, that this Board finds that extenuating circumstances exist supporting waiver of the hiring freeze, and directs the Director of Human Services to have the necessary personnel position number created, as necessary, for said position and to commence the hiring process so that the position may be filled as soon as practicable in accordance with County policy and any applicable collective bargaining agreement.