agency seal

TEXAS TASK FORCE ON INDIGENT DEFENSE

205 West 14th Street, Suite 700 Tom C. Clark Building (512)936-6994,

P.O. Box 12066, Austin, Texas 78711-2066, 512-475-3450 Fax

www.courts.state.tx.us/tfid

Indigent Defense Formula Grant Program

Requests for Applications (RFA)

August 12, 2003

 

Total Grant Amount Budgeted for Statewide Use Available:

FY2004 - $9,600,000 (estimated)

 

Type of Grant

The Task Force distributes funds to counties through a formula that sets a $5,000 floor per grant with the remainder based on a county’s percent of population (2000 Census) multiplied by the Task Force’s remaining budgeted amount for formula grant.*  Counties must meet minimum spending requirements to qualify.

 

Eligibility:

Only Texas counties may apply. See further eligibility below.

 

Grant Applications Due:

All applications must be submitted on-line. Applications must be completed and submitted by October 1, 2003.  See submission requirements below for waiver requests and other deadlines.

 

Method of Application:

On-line submission at http://tfid.tamu.edu. All county judges have been assigned a unique user name and password. See contact information below for access to the system.

 

Time Period for Funding:                                                                                 

October 1, 2003 through September 30, 2004

All grants awarded will require at least one follow-up report outside of the time period.

 

Funding:

Funds will be distributed in four (4) disbursements for this fiscal year.

 

Steps in Submitting a Grant Application

1)       Log onto http://tfid.tamu.edu (Follow on-line page instructions).

2)       Verify that the online screen indicates the appropriate grant officials and judicial officials.

3)       Verify on-line that Task Force records indicate that submitted county-wide plans are in compliance and meet the grant eligibility requirements. Contact staff to discuss compliance issues.

4)       Certify the application complete by sending in the Resolution / Internet Submission Form along with any required plan documents.

 

Applicable Authority and Rules

Texas Government Code Section 71.062

Texas Administrative Code Chapter 173

Uniform Grant Management Standards (UGMS)

 

*The method of funding based on population for fiscal year 2004 is subject to change by the Task Force in subsequent fiscal years

Formula Grant Program

A.               Introduction

Formula Grants are provided by the Task Force on Indigent Defense (Task Force ) to help the Task Force meet its statutory mandates and to promote Texas counties’ compliance with standards adopted by the Task Force .

 

Formula Grants provide money to counties for increased indigent defense costs based on a formula set by the Task Force. Qualifying counties are eligible for funds determined by the formula only to the extent their spending exceeds spending in their baseline year. The current formula provides that all counties are eligible for a $5,000 “floor.” The remaining funds set aside by the Task Force for these purposes are then allocated based on the counties’ percent of the State of Texas’ population.  Other grant distribution formulas may be considered in the future as more data becomes available. Counties must meet minimum spending requirements to receive credit for spending the funds. Counties with low incidence of crime and low indigent defense expenses may choose to not submit the application. They will be eligible under the Task Force Direct Disbursement policy and procedures.

 

The grant period for this application is October 1, 2003 through September 30, 2004. Expenses must be incurred and /or obligated during this time.

B.               Eligibility

 

1.      Only counties are eligible to apply for funds

2.      Indigent Defense Information (Countywide Plans) must be in compliance with applicable statutes and standards – Local Administrative District Judges, Local Statutory County Court Judges (or County Judge as applicable) and the Chairs of Juvenile Boards must have met in their countywide indigent defense plans, procedures and forms submitted to the Office of Court Administration  the following minimum plan eligibility requirements set by the Task Force:

a)      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

b)      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.

c)      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).

d)      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 boards and have been submitted or will be submitted to the Office of Court Administration on or before January 1, 2003.

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

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

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

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

                                               iv.      The 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.

 

C.               Application

The Task Force is committed to reducing paperwork burdens for Texas counties that apply for the grants. Beginning with FY04, the grant application process will be electronic.

The application steps are:

1)      Establish a baseline – Counties that submitted FY02 Formula Grant Application Kits have already met this requirement. To meet the requirements under Texas Government Code §71.062(d), the Task Force has adopted as an expenditure baseline of each county’s FY01 indigent defense expenditures. Attorney fees, investigator expenses, expert witness expenses, and other litigation expenses that the county paid on behalf of indigent criminal defendants / juvenile respondents are allowable expenses. This information remains static unless a county requests an alternative baseline, as described below.

a.      The baseline amount is used for comparison to determine grant qualification for each year. 

b.      To qualify for grant funds each year, the county must spend an amount at least equivalent to the FY01 baseline.

c.       A county may apply (with documentation) to the grants administrator for the baseline to be modified if it can demonstrate:

                                                               i.       the baseline contained  extraordinary expenses (major cases, capital cases, etc); or

                                                             ii.      the county’s FY01 expenses were not reflective of normal county expenditures prior to the implementation of the Fair Defense Act.

 

2)      All applications must be submitted online.  Contact Task Force Grant Administrator for instructions on the on-line application waiver.

 

3)      If a person other than the recipient of this letter needs to obtain a user name and password contact The Texas A&M University Public Policy Research Institute (PPRI) – [PPRI manages the collection, storage and retrieval of data for the Task Force]. County officials contact PPRI through e-mail (djohnson@ppri.tamu.edu), fax (888-351-3485) or by regular mail:

Darby Johnson, PPRI

314 H. C. Dulie Bell Building,TAMU, Mailstop 4476

College Station , Texas 77843-4476

PPRI will not provide user names and passwords over the phone. Individuals using personal e-mail accounts may be asked to provide additional information.

 

a)      Go to the PPRI Task Force website at http://tfid.tamu.edu

 

b)      Enter the following access codes:

 

User ID:           <???????>

Password:        <???????>

 

4)      Apply on-line

a.      Sign in – The authorized official or designee logs in to the website using a unique username and password and selects “Apply for Formula Grant”. A designee may actually perform the tasks if the designee certifies during the on-line process that permission to perform the transaction has been given by the authorized official.

b.      Review the eligibility requirements – Each year the Task Force adopts specific measures as eligibility requirements for the Formula Grant funds. These measures are intended to encourage each county’s compliance with statutory requirements or policy and standards adopted by the Task Force. The grant application screen will reveal the compliance checklist maintained by the Task Force’s special counsel. Counties that have blank check boxes in any category will not be able to receive funds until they meet all grant program eligibility requirements. They should complete the on-line application then contact the Task Force for instructions to resolve plan compliance issues.

c.       Verify that stored information is correct – The authorized official reviews the data the Task Force has stored for the various county grant positions.

d.      Indicate by checking or leaving blank whether the Local Administrative District Judge, Local Administrative Statutory County Court Judge, and the Chairman of the Juvenile Board want to receive indigent defense plan submission information. Unless the boxes are checked, the Program Director will be the single person in the county receiving the information. (NOTE: Please consult with these officials to determine whether they would like to continue to directly receive plan submission communications from the Task Force prior to checking or not checking the appropriate boxes).

e.      Identify the individuals in the following grant positions as required in Texas Administrative Code Rule 173.301. Make changes as needed.

                                                               i.      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. (Note: Many counties prefer to have a district or statutory county judge serve as authorized official since this grant is related to judicial processes – this is acceptable).

                                                             ii.      Fiscal Officer - This person must be the county auditor or county treasurer if the county does not have a county auditor.

                                                          iii.      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. (By rule this person cannot be the financial officer).

 

Use the “Change” Button – When the person listed is no longer authorized to perform the duties with the Task Force previously authorized by the county. It is also used to change contact information for any grant official. This situation usually arises when county officials turnover as a result of elections, retirements, or some other removal from office.

f.        Print / download resolution – The system will allow the user to download a resolution in an MS Word document or provide an opportunity to print the document based on the selections above.

g.      Receive confirmation – The system will provide a confirmation page to the grant officials confirming that the application has been completed and informing them that the resolution must be adopted by the commissioner’s court and then faxed to the Task Force. PLEASE PRINT THIS PAGE.

5)      Mail (postmarked) or fax the resolution adopted by commissioners’ court by October 1, 2003 to the:

Task Force on Indigent Defense

Grant Administrator

205 W. 14th Street – Suite 600

PO Box 12066

Austin, Texas 78711

Fax (512) 475-3450

D.               Review

Approximately 30 days prior to the Task Force meeting set to award the Formula Grants the Grant Administrator will review the application for completeness and notify counties via e-mail, fax, or mail whether any additions or corrections need to be made.

E.               Denial of Grant

Counties not completing the grant application process or those not meeting minimum eligibility requirements will be notified by mail within 30 days following the Task Force award meeting.

F.                Authorization to Fund

 

Texas Government Code Sec. 71.062.  TECHNICAL SUPPORT; GRANTS

(a)  The Task Force on Indigent Defense shall:

(1)  provide technical support to:

(A)  assist counties in improving their indigent defense systems; and

(B)  promote compliance by counties with the requirements of state law relating to indigent defense;

(2) direct the comptroller to distribute funds, including grants, to counties to provide indigent defense services in the county; and

(3)  monitor each county that receives a grant and enforce compliance by the county with the conditions of the grant, including enforcement by directing the comptroller to:

(A)  withdraw grant funds; or

(B)  require reimbursement of grant funds by the county.

(b)  The Task Force on Indigent Defense shall direct the comptroller to distribute funds as required by Subsection (a)(2) based on a county 's compliance with standards developed by the task force and the county 's demonstrated commitment to compliance with the requirements of state law relating to indigent defense.

(c)  The Task Force on Indigent Defense shall develop policies to ensure that funds under Subsection (a)(2) are allocated and distributed to counties in a fair manner.

(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

 

G.              Use of Funds

As stated in the section above funds must be used to improve indigent defense systems in compliance with the following:

Texas Administrative Code, Title 1 Administration, Part 8 Texas Judicial Council, Chapter 173 Indigent Defense Grants;

And Texas Uniform Grant Management Standards

See the Task Force on Indigent Defense website for copies of these documents.

H.               Statement of Grant Award

Statements of Grant Awards will be prepared exactly as authorized by the Task Force . These may include special conditions. The fax cover page will be directed to the official designated in the resolution adopted by the commissioners’ court.

I.                    Special Conditions

The Task Force may determine special conditions or authorize staff to apply the conditions on criteria set by the Task Force. The Task Force may develop special conditions that relate to compliance with statutory requirements or standards adopted by the Task Force.

J.                Return of Signed Statements

Authorized officials must sign and return Statements of Grant Awards via fax within 30 days from the date of the fax. Each grant award statement will be compared to the hard or electronic file to ensure the correct official as authorized by the commissioners’ court resolution signed the Statement of Grant Award.

 

K.               Reports

Most counties are required to report expenditures once each year on November 1. The Formula Grant Expenditure Report is combined with the statutorily required Indigent Defense Expenditure Report.

 

Some counties may have special conditions on their Statement of Grant Award that require additional report(s). This is usually a fiscal report to establish the counties expenditures at mid-year.

L.                Payments

Counties must have met all eligibility, spending, and grant condition requirements before receiving payments. Payments will be made quarterly for most counties. Some counties may have a special conditions related to meeting minimum statutory spending requirements. These counties will receive funds only after a supplemental expenditure report establishes that they have spent the predetermined minimum amount stated in the special condition.

 

No payment shall be made from grant funds to a county until all special conditions have been met unless the special condition adopted by the Task Force provides an alternative payment schedule or instructions for payment. Task Force staff shall maintain documentation through electronic/paper files or correspondence to the county stating how the special condition was met.

M.             Monitoring

The Task Force will monitor the use of grant funds primarily though the expenditure reports and site visits.