Item Text

12. TRANSFER EXPENDITURE AUTHORITY FOR INCREASED PUBLIC DEFENSE SERVICES COSTS Pursuant to A.R.S. §42-17106B, transfer FY 2009-10 expenditure authority in an amount not-to-exceed $13,000,000 from the Non-Departmental (470) General Fund (100) Operating (0000) Contingency “Reserve for Criminal Justice Caseload” line to the Office of Contract Counsel (560) General Fund (100) Operating (0000). The purpose of the transfer is to cover increased mandated case representation costs. The transfer will only be used if, following a County Manager-authorized transfer of FY 2009-10 year-end General Fund savings from the Offices of the Public Defender (520), Legal Defender (540), Legal Advocate (550), and Juvenile Defender (570), the Office of Contract Counsel (560) is unable to cover remaining General Fund expenditures within its current appropriation. The Office of the Public Defender projects full-year expenditures of $33,709,559 ($1,003,689 under budget). The Office of the Legal Defender projects full-year expenditures of $9,804,389 ($51,512 under budget). The Office of the Legal Advocate projects full-year expenditures of $8,768,924 ($1,691 under budget). The Office of the Juvenile Defender projects full-year expenditures of $4,157,507 ($7,342 under budget). The Office of Contract Counsel projects full-year expenditures of at least $27,077,410 (approximately $12,700,000 above its FY 2009-10 appropriation). The total anticipated FY 2009-10 overrun, after savings are reallocated from the staffed offices to the Office of Contract Counsel, is $11.7 million. However, due to the delay in billing from contractors, and the normal monthly variances, an additional $1.3 million is requested to be set aside to ensure full funding is available. That funding will not be utilized unless required after financial transfers. Current forecasts indicate the Public Defense System will spend approximately $300,000 less than spent in FY 2008-09, in spite of demand increases and complicating issues. This is the first time since at least FY1999-00 that spending is projected to decrease from the prior year. This reduction in spending is of special note when coupled with the fact that the inflation in FY 2008-09 spending was less than one-fourth of the average inflation for the previous eight years. (C-56-10-004-M-00)