[1] NOTE: As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

Only the most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website. The Adobe PDF version includes all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be obtained from the LFC’s office in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR:	Nava		DATE TYPED:	1/31/02		HB
SHORT TITLE:		Additional Attorneys for Public Defender				SB	360
					ANALYST:		Belmares

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

$87.6

See Narrative

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Public Defender Department (PDD)

LFC Files

SUMMARY

Synopsis of Bill

Senate Bill 360 appropriates $87.6 from the general fund to the Public Defender Department for the purpose of funding two additional attorney positions.

Significant Issues

The $87.6 appropriation provided by SB 360 is for salary and benefits for added full-time equivalents (FTEs). The SB 360 appropriation to the Public Defender Department is distributed as follows:

$43.6 for one attorney for the juvenile mental health unit; and
$44.0 for one attorney to serve in the juvenile drug court in the 3^rd Judicial District.

FISCAL IMPLICATIONS

The appropriation of $87.6 contained in SB 360 is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of FY03 shall revert to the general fund.

The lowest salary and benefits costs for a Public Defender is established at $46.7. SB 360 appropriates $43.6 for one attorney in the Juvenile Mental Health Unit. PDD indicates the Juvenile Mental Health Attorney requires a level of expertise that could not be found in an entry-level attorney. PDD’s cost estimate for a Public Defender II is $56.6, $13.0 higher than the amount appropriated by SB 360. Additionally, the $44.0 appropriation for one attorney for the Juvenile Drug Court in the 3^rd Judicial District would not address the $46.7 cost of an entry level Public Defender. The agency could cover the $15.7 difference between the appropriation in SB 360 and the amount actually needed to fully fund the two attorney positions; however, the higher salary amount would then be reflected in the FY04 and subsequent fiscal years.

RELATIONSHIP

SB 360 relates to SB 102 which makes a $56.0 appropriation for “a special advocacy position in the Public Defender Department for youth with developmental disabilities or mental health issues.”

F I S C A L I M P A C T R E P O R T

SOURCES OF INFORMATION

EB/prr