Application kit for:

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 funding 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 $100,000 on indigent defense in baseline (fiscal) year 2001 (Oct 1, 2000 to September 30, 2001). In the county’s Expenditure Report submitted by its auditor November 1, 2002 for fiscal 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.

If County X’s allocation is less than the $20,000 in increased expenses they will report expenditures once per year on November 1. If their allocation is greater than $20,000 then the county is required to justify costs and would report expenditures two times per year - May 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 to 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:

q Only counties are eligible to apply for grant funds.

q 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).

q Funds are to be used to pay for the increased direct and administrative costs of providing indigent defense services in the county.

q A county may not reduce the amount of funds provided for indigent defense services in the county because of funds provided by this grant.

q Any grant awarded must be administered in accordance with rules 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.

q A county must ensure and acknowledge that its mandatory countywide 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

q Completed applications must be received at the Task Force or postmarked by October 18, 2002. Late applications may be considered depending on fund availability.

q 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.

q All documents and information required by this application must be provided to the Task Force.

q A county that does not expend funds over their baseline year will be required to return funds or have funds deducted from future awards.

Reporting Requirements

q A county must cooperate with data collection and monitoring efforts of the Task Force.

q A county that shows actual expenditures equal to or below their allocated amount must submit a semi-annual financial report as directed by the Task Force.

q A county whose expenditure report establishes actual increased costs above its allocated amount must only submit its annual mandatory Indigent Defense Expenditure Report.

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 may be the same person.

INDIGENT DEFENSE GRANT PROGRAM (IDGP)

Application Form

APPLICATION FOR THE GRANT PERIOD: OCTOBER 1, 2002 TO September 30, 2003	Date Received: (For Task Force use only)	Postmark: (for Task Force use only)

1. Name of county and projected allocation:	2. State payee identification number:

3. Division or unit within the county to administer the grant.	Grant Officials
	6. Program Director
4. Official county mailing address.	Title:
	Address:


5. Person who can answer specific questions about this application:	Telephone:
Contact:	Fax:
Title:	E-mail:
Address:	7. Financial Officer
	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:

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 ___________________ 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:

Ø 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.

Ø 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.

Ø 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).

Ø 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.

Ø The county has adopted an attorney fee schedule in accordance with Article 26.05, Code of Criminal Procedure that addresses the following issues:

4The plan(s) specify a schedule of attorney fees that covers all criminal cases for which punishment by incarceration may be imposed.

4The plan(s) specify procedures for payment of expenses, including expert and investigator fees, incurred with prior court approval.

4The plan(s) specify procedures for payment of expenses, including expert and investigator fees, incurred without prior court approval.

4The 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.

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 Date Printed Name and Title

District Judge / District Judge*

Signature of Local Administrative Date Printed Name and Title

Statutory County Court Judge / County Judge*

Signature of Chairman or Juvenile Board* Date 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 a jurisdiction 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.

Sample Resolution

Indigent Defense Grant Program

WHEREAS, under the provisions of the Fair Defense Act, 77^th Regular Session, counties are 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 the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and

WHEREAS, ____________________County Commissioners Court has agreed that in the event of loss or misuse of the funds, ______________________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 Formula 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 Director and Contact Person for this grant and the County Auditor/County Treasurer is designated as the Financial Officer for this grant.

Adopted this ______day of ________________, 2002.

_____________________________

County Judge

Attest: