TEXAS TASK FORCE ON INDIGENT DEFENSE

TEXAS TASK FORCE ON INDIGENT DEFENSE 205 West 14 th Street, Suite 700 Tom C. Clark Building (512)936-6994 P.O. Box 12066, Austin, Texas 78711-2066 Fax: (512)475-3450 CHAIR: THE HONORABLE SHARON KELLER Presiding Judge, Court of Criminal Appeals DIRECTOR: MR. JAMES D. BETHKE VICE CHAIR: THE HONORABLE OLEN UNDERWOOD The Honorable Ed Emmett Harris County Judge Via E-mail: CJOgrantsnotification@hctx.net Dear Judge Emmett: August 30, 2010 I am pleased to inform you that the Texas Task Force on Indigent Defense has awarded Harris County a FY2011 Multi-year Discretionary Grant in the amount of $ 4,150,545 in response to your application titled Harris County Public Defender s Office. Your Statement of Grant Award for fiscal year 2011 is attached. Please sign and return via fax the first two pages of the Statement of Grant Award to fax number 512-475-3450 on or before September 30, 2010. You do not need to mail a copy. Congratulations to Harris County on taking the lead in Texas by developing this new indigent defense program. If you have any questions or need clarification on the information contained in this letter or attached Statement of Grant Award, please contact Bryan Wilson, the Task Force Grants Administrator at (512) 936-6996. Sincerely, Sharon Keller Chair, Task Force on Indigent Defense Presiding Judge, Court of Criminal Appeals Copy: Ms. Barbara J. Schott; County Auditor; Barbara_Schott@co.harris.tx.us Mr. Bob Wessels, County Courts Administrator, bob_wessels@ccl.co.harris.tx.us Mr. Clay Bowman, District Courts Administrator, clay_bowman@justex.net Judge Caprice Cosper, Director, Criminal Justice Coordinator, caprice.cosper@hctx.net FY 2011 Statement of Grant Award - Harris County Page 1 of 20

Task Force on Indigent Defense Statement of Grant Award FY2011 Discretionary Grant Grant Number: 212-11-D03 Grantee Name: Harris County Program Title: Harris County Public Defender s Office Grant Period: 10/1/2010-9/30/2011 Grant Award Amount: $4,150,545 The Task Force on Indigent Defense (Task Force) has awarded the above-referenced grant to Harris County for indigent defense services. The authorized official named on the grant application must sign this Statement of Grant Award and return it to the Task Force by September 30, 2010. The grantee will not receive any grant funds until this notice is executed and returned to the Task Force. Funding is provided as listed in the categories in the table below: Direct Costs: Standard Grant Conditions: 1) Personnel (Total Number of FTEs: 33 ) $2,688,564 2) Fringe Benefits $993,156 3) Travel and Training $6,000 4) Equipment $77,000 5) Supplies $80,800 6) Contract Services $305,025 7) Indirect Costs $0 Total Proposed Costs $4,150,545 Less Cash from Other Sources $0 Total Amount Funded by Task Force $4,150,545 The authorized official for the grantee accepts the grant award. The authorized official, financial officer, and program director, referred to below as grant officials, must comply with the terms of the grant as written in the Request for Applications issued on December, 2009, including the rules and documents adopted by reference in the Task Force on Indigent Defense s Grant Rules in Title 1, Part 8, Chapter 173, Texas Administrative Code. The grant officials understand that a violation of any term of the grant may result in the Task Force placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grants. Disbursement of funds is always subject to the availability of funds. The grant officials agree to follow the grant terms contained in the Required Conditions and Report in Attachment A. Any indigent defense plan documents submitted to the Task Force must continue to meet all grant eligibility requirements. FY 2011 Statement of Grant Award - Harris County Page 2 of 20

The Judges hearing criminal and juvenile matters must amend the Indigent Defense Plan to include the program funded under this award and submit to the Task Force by January 31, 2011. The authorized official for this grant program has read the preceding and indicates agreement by signing this Statement of Grant Award below: Signature of Authorized Official Name & Title (must print or type) Date FY 2011 Statement of Grant Award - Harris County Page 3 of 20

Attachment A Required Conditions and Reports Method of Calculation The budget on the Statement of Grant Award was developed under the assumptions that the grant be based on four twelve month periods beginning October 1, 2010. The plan calls for 100% in the first year for a partial startup phase of $4,150,545, 80% in the second year for the first fully-staffed year of operation $6,769,925, 20% in the third year of $1,692,481, and 20% in the fourth year of $1,692,481. The Task Force can only commit to one year at a time, but the application has a four year funding plan. The intention is to follow the declining funding schedule resulting in approximately 50% state funding and 50% county funding over the four years. The grants will remain on a fiscal year of October to September. Program Requirements In addition to the program requirements stated in the Request for Applications (RFA), these specific program requirements apply to this funded program: The County will submit both progress reports and expenditure reports to obtain reimbursement of expended funds based on actual expenditures; The County will cooperate with the Task Force staff to develop reasonable on-line reports that best reflect the work of the program and demonstrate that the program is operating as intended. The county will track all of the data elements presented in the proposal. The on-line reports may include some of the data elements in the proposal as well as standard program data elements developed by the Task Force. The County must maintain an oversight board to supervise the operation of this department as described in the application. This oversight board must be responsible for recommending the selection and removal of the Chief Public Defender. The administrative role of this oversight board in supervising the Chief Public Defender, including any fiscal authority, must be decided by the commissioners court. The County must maintain and provide to the Task Force a written policy that includes caseload standards for each attorney and for the operation of this program as described in the application. Timeline for Reporting and Fund Distribution Reports will be submitted on-line over the Internet. Reporting Period Type Report Due Date Report Due Fund Distribution Date October 2010 through Budget Status Report January 17, 2011 January 2011 December 2010 Progress Report January 2011 through Budget Status Report April 15, 2011 April 2011 March 2011 Progress Report April 2011 through June Budget Status Report July 15, 2011 July 2011 2011 Progress Report July 2011 through September 2011 FINAL Expense Report Final Progress Report and Conclusion. November 15, 2011 November 2011 FY 2011 Statement of Grant Award - Harris County Page 4 of 20

2011 HARRIS COUNTY DISCRETIONARY GRANT APPLICATION NARRATIVE (Multi-Year Grant, Year 1) a. Application Form Counties Represented: HARRIS Fiscal Year: 2011 State Payee Identification Number: 17460001922021 Division To Administer Grant: Management Services Department Program Title: Harris County Public Defender s Office Requested Grant Amount: $4,150,545 Financial Officer: Harris County Auditor Program Director: Clay Bowman, Administrator, Administrative Office of the District Courts, Bob Wessels, Court Manager, Office of County Court Administration, until such time as a Chief Public Defender is appointed. Thereafter, both will be replaced by the Chief Public Defender. Mailing Address: 1201 Franklin Street, 7 th Floor, Houston, Texas 77002 b. Introduction (Executive Summary) Harris County seeks to establish a pilot public defender program for indigent defendants in participating district and county criminal courts. The Harris County judiciary, with support from Commissioners Court, has developed and enhanced Texas Fair Defense Act alternative local plans. This multi-year public defender pilot is an incubator for the long-term enhancement of an already nationally recognized criminal justice community rich in potential partnerships with three area law schools and the Texas Medical Center. The long-term result is expected to be an indigent defense system providing effective representation to various classes of indigent defendants in a fiscally predictable manner. c. Problem Statement Providing for quality indigent representation is a paramount concern to the Harris County Judiciary. Harris County seeks to enhance the current provision of services for indigent defendants in a manner that provides quality representation and fiscal predictability. A hybrid indigent defense system incorporating a public defender and assigned counsel would ensure predictability of costs, while ensuring quality representation, specialization of representation and the inclusion of the defense bar at policy discussions. d. Objectives To establish a public defender pilot program in Harris County with the following initial specific objectives: FY 2011 Statement of Grant Award - Harris County Page 5 of 20

2011 Harris County p. 2 a. Create a scalable multi-functional Public Defender s Office responsible for traditional core functions in coordination with an assigned counsel program to represent indigent defendants; b. Provide trial and appellate defense counsel and support services to the indigent in participating district courts trying criminal cases; c. Provide trial and appellate defense counsel and support services to the indigent in participating district courts trying juvenile cases; d. Provide trial counsel and support services to the indigent with significant mental illness or who are mentally retarded in the 15 county criminal courts at law; e. Provide appellate representation for all indigent defendants in the county criminal courts at law; f. Administer the hybrid representation model in participating county criminal courts, consistent with their alternative local plan; g. Provide continuing legal education for assistant public defenders and lawyers from the private bar assigned to represent the indigent in participating district and county courts; h. Act as a resource to assigned private counsel representing indigent individuals in participating district and county courts; i. Provide additional services to assigned counsel, indigent defendants and support services as may be required in the interests of justice; j. Reduce the mentally ill/mentally retarded/dual diagnosis population and length of stay for the county criminal court target population; k. Expand upon the existing performance measures contained in the existing Harris County Court Business Intelligence System by incorporating additional measures designed by the ABA team for the Harris County hybrid model to measure program outcomes and assess program performance; and l. Act as the defense bar s institutional representative and participate in systemic policy development and decision making. e. Methodology or Project Design (Activities) If awarded a grant to establish a pilot Public Defender s Office to represent defendants in participating courts, Harris County will follow the law and procedures set forth in Texas Code of Criminal Procedure Article 26.044. 1. Upon receiving notice that Harris County has been awarded the grant, Harris County will establish a 15 member Public Defense Board (PDB) consisting of the following: two members of Commissioners Court; a district judge from the Criminal division; a district judge from the Juvenile Division; the presiding judge of the County Criminal Courts at Law; three attorneys whose practice is in criminal defense or juvenile law in Harris County chosen from the five FY 2011 Statement of Grant Award - Harris County Page 6 of 20

2011 Harris County p. 3 countywide bar associations with the largest memberships; four members selected by the Commissioners Court from organizations concerned with the problems of indigent persons; and the administrator of the district courts, the manager of the statutory county courts, and an attorney representing the County Attorney s Office. The PDB will be responsible for the selection of the Chief Public Defender consistent with Code of Criminal Procedure Article 26.044. The committee will interview candidates for the position of Chief Public Defender and make its recommendation to Commissioners Court. The administrative role of this board would be to oversee development and operation of the Public Defender Office as directed by Commissioners Court, and any additional responsibilities decided by Commissioners Court. Fiscal authority must be decided by the Commissioners Court. The County anticipates the public defender s office will be housed within the downtown courthouse complex. Furniture and equipment will be procured at the direction of the public defender consistent with county purchasing procedures immediately upon appointment. 2. Immediately following submission of this amended grant request, Commissioners Court will prepare and post a public solicitation as required by statute. The County anticipates establishing the PDB so that it may begin reviewing applications for the position of Chief Public Defender no later than October 1, 2010. It is anticipated that the position of Chief Public Defender be filled no later November 1, 2010. The Chief Public Defender will serve as a county department head and be subject to the personnel policies of Harris County. The Chief will hire the staff in a manner consistent with Harris County personnel policy and procedure. Hiring of key administrative staff and division chiefs (appellate and misdemeanor mental health) should be completed no later than January 1, 2011. Additionally, the Chief will develop job descriptions for each position in the office, establish a case management and monitoring system, and develop a policy and procedure manual. One of the first responsibilities of the mental health division chief will be to post, interview and hire clerical staff, a social worker and an investigator. Initially, the appellate division chief will utilize the existing clerical staff. It is estimated that the office will begin accepting both appellate and misdemeanor mental health cases on or about February 1, 2011. The Chief will work with various other county offices and departments to establish communication protocols, purchase equipment, provide information technology, establish recordkeeping, and all other functions consistent with normal department operation in Harris County 3. The Judges of the County Criminal Courts at Law agreed to amend their Fair Defense Act Alternative Plan to provide that the Chief Public Defender represent individuals found indigent for purposes of appealing a judgment rendered in their 15 courts. FY 2011 Statement of Grant Award - Harris County Page 7 of 20

2011 Harris County p. 4 In addition, up to approximately 1,400 defendants meeting objective criteria indicating that mental illness or mental retardation was a contributing factor in their arrest will be represented by one of four assistant public defenders in each of the fifteen county criminal courts. The annualized caseload was established based on input from representatives of state agencies, public interest advocacy groups, and local defense bar representatives. The figure will be adjusted based on a weighted caseload study begun during the first year. The Judges of the County Criminal Courts at Law will recommend that the Chief Public Defender seek to create partnerships with the Harris County Mental Health and Mental Retardation Authority (supplement social work staff), local law schools (academic internships), local defense bars (provide or co-sponsor continuing legal education programs focusing on issues unique to the representation of the target population), and others. During year one, attorney and support staff will be added based on caseload assignments. It is anticipated that full staffing of attorney and support personnel in the mental health and appellate divisions will be completed by the end of the first grant year. Fully staffed, the mental health division will consist of a division chief, three assistant public defenders, one investigator, six social workers, and two clerical positions. The appellate division will consist of one division chief, 11 assistant public defenders, and four clerical positions. Once fully staffed, Harris County projects appellate public defenders will be assigned approximately 350 appeals per year. 4. The County anticipates the public defender s office will be fully operational by the end of the second grant year. The juvenile trial and felony adult trial components will be added in year two. Projected implementation by the public defender of the felony trial division is November 1, 2011, and the juvenile trial division is February 1, 2012. Because this is a complex, multi-year plan, the schedule for implementing these phases may be accelerated if opportunity, program quality and budget allows. The Chief Public Defender will oversee implementation of these divisions and hire division chiefs, assistant public defenders, and staff as caseloads increase. Fully staffed, the juvenile division will consist of a division chief, 8 assistant public defenders, two investigators, one social worker, and four clerical positions. Currently, two of the three juvenile district courts have agreed to participate in assigning cases to the public defender s office. It is anticipated that this will result in approximately 2,000 cases being assigned each year. The office of judge of the third juvenile court appears on the November 2010 ballot as an open bench. Therefore, the newly elected judge may choose to participate as well, however this will not change the overall number of cases assigned to the office. FY 2011 Statement of Grant Award - Harris County Page 8 of 20

2011 Harris County p. 5 5. In total, twenty of the 22 District Courts Trying Criminal Cases will participate in the pilot public defender program at the trial level. Eighteen courts will begin by selecting the Public Defender s Office to represent indigent defendants at the appellate level in the first year of the program. No later than the second grant year, twenty courts will begin selecting the Public Defender s Office as appropriate for felony trial cases, not limited to state jail felonies but including felonies of varying degrees. Four of the courts will limit use of the Public Defender s Office in trial cases to felony defendants with mental health issues. In addition, Harris County has approved a felony mental health court. When funding becomes available to establish the mental health court, Harris County will use the Public Defender s Office to represent indigent defendants appearing in that court. With respect to the appellate, juvenile and felony adult components, the Public Defender s Office will be added to the current Fair Defense Act plan and included in the automated system and will be weighted proportionately as to be available for selection. Under the current plan for Harris County District Courts Trying Criminal Cases, at the request of a judge the computer generates a list of five attorneys available for appointment to indigent defendants. Attorneys have access to the system to enter their availability. The Public Defender s Office will have access to be able to add availability for Public Defender s Office attorneys. This will give the Chief Public Defender the autonomy to govern his office s workload. To ensure that the Public Defender s Office will appear more frequently as a selection, the Public Defender s Office will be placed on the wheel as many times as necessary to achieve adequate workload for the Public Defender s Office without exceeding its available resources. When fully operational the felony adult trial division will be staffed with one division chief, 10 assistant public defenders, three investigators, and two clerical positions. The National Advisory Commission on Criminal Justice Standards and Goals (NAC, 1973) set maximum numerical caseload limits for indigent defense at 150 felonies, 200 juveniles, or 25 appeals per attorney, per year. With the proposed staffing model fully implemented, it is anticipated that the Harris County Public Defender s Office will receive approximately 1,600 to 2,500 felony trial appointments annually, approximately 2,000 juvenile appointments annually, and approximately 300 appeals. The determination of workload limits would start with the NAC caseload limits, and then be adjusted by factors such as prosecutorial and judicial processing practices, trial rates, sentencing practices, extent and quality of supervision, and availability of investigative, social worker and support staff. Over time, we would expect caseload management to evolve through application of best practices under the Chief Public Defender. 6. The Chief Public Defender shall review the caseload status at least quarterly. The Chief Public Defender may make overrides or under-rides based on overall complexity of cases, overall type of cases, attorney experience, support staff experience, court needs, available technology augmenting services, or other factors affecting the delivery of services. The Chief FY 2011 Statement of Grant Award - Harris County Page 9 of 20

2011 Harris County p. 6 Public Defender must notify the Public Defense Board in writing if an exception to the caseload standards is authorized. f. Evaluation In accordance with the State s requirement to have an outside evaluation conducted on this pilot public defender program, Harris County will contact a nationally recognized research and consulting firm or entity that specializes in the improvement of indigent defense systems. The Spangenberg Group, which recently joined George Mason University to offer expanded services in this specialty, is the most likely candidate of choice. Bob Spangenberg and his staff have worked with Harris County officials for more than a decade and are very familiar with all aspects of our criminal justice community. The Spangenburg Group also authored a publication published by the Task Force on Indigent Defense entitled, A Blueprint for Creating a Public Defenders Office in Texas which county officials and staff have been using during the feasibility study and current grant application process. Additionally, the ABA Standing Committee on Legal Aid & Indigent Defendants (SCLAID) team is assisting Harris County officials in developing performance measures for the Public Defender Office. The county judiciary anticipates relying on these performance measures as one tool in evaluating this grant. Based on initial discussions with the ABA team, judges and administrators anticipate some or all of the following will be included in the evaluation process: 1. The number of arrests, by algorithm, and criterion comprising each algorithm. 2. The number of unique charges filed against arrested individuals. 3. The number of individuals in the target population represented by assigned counsel. 4. The number of resets from arrest to disposition. 5. The number of times an individual was arrested. 6. The number of cases dismissed. 7. The number of persons released on personal bond, and as provided by Texas Code of Criminal Procedure Art. 17.032. 8. The length of incarceration. 9. Legal services provided per case including in and out of court hours, pretrial, and appeals/post judgment for Public Defender s Office attorneys and assigned counsel individually and in the aggregate. 10. Support services provided per case by social workers, experts, and investigators utilized by Public Defender s Office attorneys and assigned counsel individually and in the aggregate. FY 2011 Statement of Grant Award - Harris County Page 10 of 20

2011 Harris County p. 7 11. Performance of individual Public Defender s Office and assigned counsel representing the target population by each judge before whom he or she practiced. 12. CLE compliance of Public Defender s Office and assigned counsel. 13. Other criteria as may be deemed appropriate or beneficial. The report may include an anecdotal section discussing experiences of various participants and related success stories and failures, a discussion of the systemic impact the office has in the criminal justice community, changes in procedures, and new programs or treatment options for the target population. District courts and county courts will follow the recommendations of the ABA team for the development of primary performance standards. Each participating division will develop specific evaluation criteria based on their unique jurisdiction. For example, the county criminal courts will look at the following: 1. The number of individuals in the mental health target population represented by the public defender office. 2. The number of cases dismissed and transferred for civil commitment. 3. The cost per case, including confinement (broken into subparts housing, medical services, psychiatric services, stabilization and examination for competency and sanity and the outcomes). 4. Length of state hospital commitment. In addition, Harris County will record and report such benchmarks as the establishment of the Public Defender s Office, appointment of the Public Defense Board, hiring of the Chief Public Defender, development of policies and procedures, hiring of appellate and mental health division chiefs, and the date the Chief Public Defender is appointed to represent the first indigent appellant and indigent trial level defendant meeting mental health criteria. g. Future Funding Harris County is fully committed to providing the highest quality indigent defense consistent with the efficient use of public funds. As the largest county in Texas, we face unique circumstances. The county s constituency, defense bar, three divisions of the judiciary, Commissioners Court, and state leadership have been working together to achieve this stated goal. The County anticipates re-applying for the grant every year, for the four years that grant funding is available. The first year funding request will include the start-up costs of the program, so subsequent years funding would be significantly higher because of the implementation schedule described in Section e. After the expiration of the grant period, the Public Defender s Office will likely request funding from the Harris County Commissioners FY 2011 Statement of Grant Award - Harris County Page 11 of 20

2011 Harris County p. 8 Court. It is anticipated that funding for the office would be approved by the Commissioners Court, provided that it is established that the office can be run in a cost-efficient, productive manner while maintaining quality representation for indigent defendants. h. Budget Harris County utilizes an annually-audited indirect cost rate currently set at 32.96% for the County as a whole. Indirect costs in the first year of operation are calculated at $886,151. The county will waive this amount in consideration of securing this grant request. The County anticipates re-applying for the grant every year, for the four years that grant funding is available. Because the Harris County Public Defender s Office would be phased in over several years, with the expectation that the office would take on more duties, Harris County requests a waiver from the original grant rules and requests the Task Force to provide full funding of the grant for the first four years of operation. Harris County seeks these exceptions because of the complexity of phasing in the program, the fact that all staff might not be hired in the initial months and because the responsibilities and caseloads of the Public Defender is expected to grow over time. Additionally, because this is a complex, multi-year plan, the schedule for implementing these phases may be accelerated if opportunity, program quality and budget allows. In the alternative, but without waiving the foregoing request for full funding in each of the four years, Harris County requests a waiver from the original grant rules and requests 100% funding of its grant request for the first year of operation and 80% funding for the second year of operation. In so doing, Harris County recognizes that its share of the finances in years three and four would be consistent with the overall state formula whereby total grant costs would be equally shared by the county and the state. The 100% first year funding request accommodates the phased-in establishment of the Public Defender s Office and accompanying start-up costs of the program, including the establishment of both the misdemeanor mental health and appellate divisions. The 80% second year funding request encompasses the addition of the juvenile trial and felony trial components. As a result, the second years funding request would be significantly higher because of the implementation schedule described more fully in subsection e herein entitled Methodology or Project Design (Activities). In years three and four, the Harris County Public Defender s Office would be fully operational at the funding level necessary to maintain the services. FY 2011 Statement of Grant Award - Harris County Page 12 of 20

2011 Harris County p. 9 In addition to waiving its indirect costs, the County anticipates that it will incur other substantial and direct costs not reflected in the budget in the establishment of the Public Defender s Office. A complete budget for the first two years of the grant is attached. Finally, the County will consider any other proposal for funding suggested by the Task Force. Direct Costs: 1) Personnel (Total Number of FTEs: 33 ) $ 2,688,564 2) Fringe Benefits $ 993,156 3) Travel and Training $ 6,000 4) Equipment $ 77,000 5) Supplies $ 80,800 6) Contract Services $ 305,025 7) Indirect Costs $ 0 Total Proposed Costs $ 0 Less Cash from Other Sources $ 0 Total Amount Funded by Task Force $ 4,150,545 FY 2011 Statement of Grant Award - Harris County Page 13 of 20

Public Defender Cost Estimate Framework Investigators/P Social Number of Staff by Function # of Cases Chiefs Asst. PDs rofessionals Workers Clerical Total Staff Adult Felony 2,050 1 10 3 0 2 16 Juvenile 2,000 1 8 2 1 4 16 Appeals 350 1 11 0 0 4 16 Mental Health - MRP - MADJ 1,431 1 3 1 6 2 13 Office of Chief Public Defender 1 0 3 0 3 7 Total Staff 5,831 5 32 9 7 15 68 Office Space Requirements (Sq. Ft.) Chiefs Asst. PDs Investigators/P rofessionals Social Workers Clerical Add'l Space (Conference, Copy Room, etc.) Total Space Needed The Harris County Public Infrastructure Department is currently assessing space needs and available locations to house a Public Defender Office. Office Space per Employee incl. 50% Grossing Factor (sq. ft.) 225 180 150 75 75 Adult Felony 225 1,800 450 0 150 2,250 4,875 Juvenile 225 1,440 300 75 300 1,275 3,615 Appeals 225 1,980 0 0 300 1,275 3,780 Mental Health - MRP - MADJ 225 540 150 450 150 1,275 2,790 Office of Chief Public Defender 375 0 450 0 225 1,635 2,685 Total Office Space 1,275 5,760 1,350 525 1,125 7,710 17,745 Financial Assumptions Chiefs Asst. PDs Investigators/P rofessionals Social Workers Clerical Misc. Operating Expenses per year $4,600 $4,600 $0 $0 $0 Misc. Operating Expenses per year - Office of the Chief PD $25,000 One-Time Equipment & Furniture $2,000 $2,000 $2,000 $2,000 $2,000 One-Time Equipment & Furniture - Office of the Chief PD $15,000 Indirect Rate as a % of Total Salaries 32.96% Benefits Rate as a % of Base Salary 36.94% Position Base Salary $131,520 $124,692 $82,536 $59,784 $61,488 Chief PD Salary $155,424 1 FY 2011 Statement of Grant Award - Harris County Page 14 of 20

Public Defender Cost Estimate Framework Investigators/P Social Fringes @ Total Salaries Labor Cost - Salaries + Fringe Chiefs Asst. PDs rofessionals Workers Clerical 36.94 + Fringe Adult Felony $131,520 $1,246,920 $247,608 $0 $122,976 $646,089 $2,395,113 Juvenile $131,520 $997,536 $165,072 $59,784 $245,952 $590,990 $2,190,854 Appeals $131,520 $1,371,612 $0 $0 $245,952 $646,112 $2,395,196 Mental Health - MRP - MADJ $131,520 $374,076 $82,536 $358,704 $122,976 $395,189 $1,465,001 Office of Chief Public Defender $155,424 $0 $247,608 $0 $184,464 $217,021 $804,517 Total Salaries + Fringes $681,504 $3,990,144 $742,824 $418,488 $922,320 $2,495,400 $9,250,680 Misc. Annual Operating Expenses One-Time Equipment & Furniture Total Estimated Cost Total Cost Salaries + Fringe Space Buildout Adult Felony $2,395,113 $50,600 $170,625 $32,000 $2,648,338 Juvenile 2,190,854 41,400 $126,525 32,000 2,390,779 Appeals 2,395,196 55,200 $132,300 32,000 2,614,696 Mental Health - MRP - MADJ 1,465,001 18,400 $97,650 26,000 1,607,051 Office of Chief Public Defender 804,517 25,000 $93,975 27,000 950,492 Total Costs $9,250,680 $190,600 $621,075 $149,000 $10,211,355 2 FY 2011 Statement of Grant Award - Harris County Page 15 of 20

Public Defender Cost Estimate Cost Recap Misc. Annual One-Time Total State Share of Total Cost Salaries + Fringe Operating Expenses Annual Space Cost Equipment & Furniture Estimated Cost First Year @100% $3,681,720 $84,800 $305,025 $79,000 $4,150,545 Second Year @ 80% $6,350,911 $130,093 $237,720 $51,200 $6,769,925 Total Anticipated State Costs $10,032,631 $214,893 $542,745 $130,200 $10,920,469 Misc. Annual Operating Expenses One-Time Equipment & Furniture Total Estimated Cost County Share of Total Cost Salaries + Fringe Annual Space Cost First Year @ 0% $0 $0 $0 $0 $0 Second Year @ 20% $1,587,728 $32,523 $59,430 $12,800 $1,692,481 Total Anticipated County Costs $1,587,728 $32,523 $59,430 $12,800 $1,692,481 Misc. Annual Operating Expenses One-Time Equipment & Furniture Total Estimated Cost Full Costs Over Life of Project Salaries + Fringe Annual Space Cost First Year $3,681,720 $84,800 $305,025 $79,000 $4,150,545 Second Year $7,938,639 $162,617 $297,150 $64,000 $8,462,406 Total Anticipated Project Costs $11,620,359 $247,417 $602,175 $143,000 $12,612,950 Waived Amount of Waived Indirect Cost Recovery Indirect First Year (100% waived) $886,151 Second Year (100% waived) $1,910,746 Total Anticipated Waived Indirect $2,796,897 3 FY 2011 Statement of Grant Award - Harris County Page 16 of 20

PDO Cost Estimate First Year Costs Number of Staff by Function # of Cases Chiefs Asst. PDs Investigators/ Professionals Social Workers Clerical Total Staff Adult Felony 0 0 0 0 0 0 0 Juvenile 0 0 0 0 0 0 0 Appeals (9 months) 263 1 8 0 0 4 13 Mental Health - MRP - MADJ (12 months) 1,431 1 3 1 6 2 13 Office of Chief Public Defender (12 months) 1 0 3 0 3 7 Total Staff 1,694 3 11 4 6 9 33 Office Space Requirements (Sq. Ft.) Chiefs Asst. PDs Investigators/ Professionals Social Workers Clerical Add'l Space (Conference, Copy Room, etc.) Total Space Needed The Harris County Public Infrastructure Department is currently assessing space needs and available locations to house a Public Defender Office. Office Space Buildout $35.00 Office Space per Employee incl. 50% Grossing Factor (sq. ft.) 225 180 150 75 75 Adult Felony 0 0 0 0 0 0 0 Juvenile 0 0 0 0 0 0 0 Appeals 225 1,440 0 0 300 1,275 3,240 Mental Health - MRP - MADJ 225 540 150 450 150 1,275 2,790 Office of Chief Public Defender 375 0 450 0 225 1,635 2,685 Total Office Space 825 1,980 600 450 675 4,185 8,715 Financial Assumptions Chiefs Asst. PDs Investigators/ Professionals Social Workers Clerical Misc. Operating Expenses per year $4,600 $4,600 $0 $0 $0 Misc. Operating Expenses per year - Office of the Chief PD $25,000 One-Time Equipment & Furniture $2,000 $2,000 $2,000 $2,000 $2,000 One-Time Equipment & Furniture - Office of the Chief PD $15,000 Indirect Rate as a % of Salaries & Fringes 32.96% Benefits Rate as a % of Base Salary 36.94% Position Base Salary $131,520 $124,692 $82,536 $59,784 $61,488 Chief Public Defender Salary $155,424 4 FY 2011 Statement of Grant Award - Harris County Page 17 of 20

PDO Cost Estimate First Year Costs Labor Cost - Salaries + Fringe Chiefs Asst. PDs Investigators/ Professionals Social Workers Clerical Total Salaries Fringes Adult Felony $0 $0 $0 $0 $0 $0 $0 Juvenile $0 $0 $0 $0 $0 $0 $0 Appeals (9 months) $98,640 $748,152 $0 $0 $184,464 $1,031,256 $380,946 Mental Health - MRP - MADJ (12 months) $131,520 $374,076 $82,536 $358,704 $122,976 $1,069,812 $395,189 Office of Chief Public Defender (12 months) $155,424 $0 $247,608 $0 $184,464 $587,496 $217,021 Total Salaries + Fringes $385,584 $1,122,228 $330,144 $358,704 $491,904 $2,688,564 $993,156 Misc. Annual Operating Expenses One-Time Equipment & Furniture Total Estimated Cost Space Total Cost - First Year Salaries Fringes Buildout Adult Felony $0 $0 $0 $0 $0 $0 Juvenile $0 $0 $0 $0 $0 $0 Appeals (9 months) $1,031,256 $380,946 $41,400 $113,400 $26,000 $1,593,002 Mental Health - MRP - MADJ (12 months) $1,069,812 $395,189 $18,400 $97,650 $26,000 $1,607,051 Office of Chief Public Defender (12 months) $587,496 $217,021 $25,000 $93,975 $27,000 $950,492 Total First Year Costs $2,688,564 $993,156 $84,800 $305,025 $79,000 $4,150,545 Indirect Normally Charged - All Waived $886,151 Personnel Costs $3,681,720 Travel and Training $6,000 Equipment (inc. furnishings) $77,000 Supplies $80,800 Contract Services (professional and building services and leases) $305,025 Indirect $0 $4,150,545 5 FY 2011 Statement of Grant Award - Harris County Page 18 of 20

PDO Cost Estimate Second Year Costs Number of Staff by Function # of Cases Chiefs Asst. PDs Investigators/ Professionals Social Workers Clerical Total Staff Adult Felony (10 months) 1,708 1 10 3 0 2 16 Juvenile (7 months) 1,167 1 8 2 1 4 16 Appeals 350 1 11 0 0 4 16 Mental Health - MRP - MADJ 1,431 1 3 1 6 2 13 Office of Chief Public Defender 1 0 3 0 3 7 Total Staff 4,656 5 32 9 7 15 68 Office Space Requirements (Sq. Ft.) Chiefs Asst. PDs Investigators/ Professionals Social Workers Clerical Add'l Space (Conference, Copy Room, etc.) Total Space Needed The Harris County Public Infrastructure Department is currently assessing space needs and available locations to house a Public Defender Office. Office Space Buildout $35.00 Office Space per Employee incl. 50% Grossing Factor (sq. ft.) 225 180 150 75 75 Adult Felony (7 months) 225 1,800 450 0 150 2,250 4,875 Juvenile (10 months) 225 1,440 300 75 300 1,275 3,615 Appeals 0 0 0 0 0 0 0 Mental Health - MRP - MADJ 0 0 0 0 0 0 0 Office of Chief Public Defender 0 0 0 0 0 0 0 Total Office Space 450 3,240 750 75 450 3,525 8,490 Financial Assumptions Chiefs Asst. PDs Investigators/ Professionals Social Workers Clerical Misc. Operating Expenses per year $4,600 $4,600 $0 $0 $0 Misc. Operating Expenses per year - Office of the Chief PD $25,000 One-Time Equipment & Furniture $2,000 $2,000 $2,000 $2,000 $2,000 One-Time Equipment & Furniture - Office of the Chief PD $15,000 Indirect Rate as a % of Salaries & Fringes 32.96% Benefits Rate as a % of Base Salary 36.94% Position Base Salary $131,520 $124,692 $82,536 $59,784 $61,488 Chief Public Defender Salary $155,424 6 FY 2011 Statement of Grant Award - Harris County Page 19 of 20

PDO Cost Estimate Second Year Costs Labor Cost - Salaries + Fringe Chiefs Asst. PDs Investigators/ Professionals Social Workers Clerical Fringes @ 36.94% Total Salaries + Fringe Adult Felony (10 months) $109,600 $1,039,100 $206,340 $0 $102,480 $538,408 $1,995,928 Juvenile (7 months) $76,720 $581,896 $96,292 $34,874 $143,472 $344,744 $1,277,998 Appeals $131,520 $1,371,612 $0 $0 $245,952 $646,112 $2,395,196 Mental Health - MRP - MADJ $131,520 $374,076 $82,536 $358,704 $122,976 $395,189 $1,465,001 Office of Chief Public Defender $155,424 $0 $247,608 $0 $184,464 $217,021 $804,517 Total Salaries + Fringes $604,784 $3,366,684 $632,776 $393,578 $799,344 $2,141,473 $7,938,639 Misc. Annual Operating Expenses One-Time Equipment & Furniture Space Total Estimated Total Cost - Second Year Salaries Fringes Buildout Cost Adult Felony (10 months) $1,457,520 $538,408 $29,517 $170,625 $32,000 $2,228,070 Juvenile (7 months) $933,254 $344,744 $34,500 $126,525 $32,000 $1,471,023 Appeals $1,749,084 $646,112 $55,200 $0 $0 $2,450,396 Mental Health - MRP - MADJ $1,069,812 $395,189 $18,400 $0 $0 $1,483,401 Office of Chief Public Defender $587,496 $217,021 $25,000 $0 $0 $829,517 Total Second Year Costs $5,797,166 $2,141,473 $162,617 $297,150 $64,000 $8,462,406 Indirect Normally Charged - All Waived $1,910,746 Personnel Costs $7,938,639 Travel and Training $18,000 Equipment (inc. furnishings) $64,000 Supplies $144,617 Contract Services (professional and building services and leases) $297,150 Indirect $0 $8,462,406 7 FY 2011 Statement of Grant Award - Harris County Page 20 of 20