Item Description:
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Amd 6 to Agmt PR00000198 with the Hennepin County Bar Association to provide legal counsel to individuals experiencing poverty in Hennepin County Mental Health Court, extension end date to 12/31/24, increase NTE by $700,000
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Resolution:
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BE IT RESOLVED, that Amendment 6 to Agreement PR00000198 with the Hennepin County Bar Association to provide legal counsel to individuals experiencing poverty in Hennepin County Mental Health Court, extending the contract end date to December 31, 2024 and increasing the not to exceed amount by $700,000 for a new total not to exceed amount of $8,413,508 be approved; that the Chair of the Board be authorized to sign the Amendment on behalf of the County; and the Controller be authorized to disburse funds as directed.
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Background:
In 1980, Hennepin County entered into a court ordered settlement, hereinafter referred to as the Consent Decree, part of which directed the funding and creation of a panel of qualified attorneys from which appointments would be made to provide legal services to certain persons subject to civil commitment under the Minnesota Comprehensive Mental Health Act (Minnesota Statute Sections 245.461 to 245.4887). To fulfill this obligation, Hennepin County has contracted with the Hennepin County Bar Association to establish and administer a Commitment Defense panel, from which lawyers are represented to represent individual persons subject to commitment.
In 2022, the Hennepin County Board instructed the County to pursue a change to the Consent Decree to allow for Hennepin County Adult Representation Services (ARS) to provide this legal representation. In late 2023, Hennepin County filed a motion to vacate or alternatively modify the Consent Decree. In April 2024, a federal judge granted the County’s motion and modified the Consent Decree, allowing ARS to provide legal representation to all respondents in mental illness commitment proceedings. As ARS builds capacity to take on the civil commitment practice area, a continued contract with the Hennepin County Bar Association is critical to ensure a smooth transition and continuity of representation for individuals subject to civil commitment procedures.
Current Request:
This amendment extends the contract through December 31, 2024, under the current contract terms to afford the County additional time to address the Consent Decree.
recommendation
Recommendation from County Administrator: Recommend Approval