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HomeMy WebLinkAbout03-143a~~~ Cy~E SUI°~'`''i c~ ':;~ ~: BOARD OF SUPERVISORS ~;~ ~ r i;~ *~ COUNTY OF BUTTE, STATE OF CALIFORNIA ~. • ~ ~~~~~ LiOLJls~~~~••~ ~l'SOlUt10n N0. 03-143 ^~~• RESOLUTION AUTHORIZING DISTRICT ATTORNEY TO UNDERTAKE GRANT AWARD AGREEMENT WI-iEREAS, the Butte County Board of Supervisors desires to undertake a certain program designated as the Spousal Abuser Prosecution Program to be funded in part from funds made available through the California Department of Justice. NOW, THEREFORE, BE IT RESOLVED that the District Attorney of the Butte County is authorized, on its behalf, to submit the attached proposal to the California Department of Justice and is authorized to execute on behalf of the Board of Supervisors the Grant Award Agreement including any extensions or amendments thereof. BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of the California Department of Justice and that the cash match will be appropriated. IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and Department of Justice disclaim responsibility far any such liability. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. PASSED AND ADOPTED by the Butte County Board of Supervisors on this 23T`' day of September, 2003, by the following vote: AYES: SuFervisors Dolan, tioux, Yamaguchi and. Vice-Chair .Tosiassen NOES: None NOT VOTING: None ABSENT: Chair Beeler ATTEST PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board of Supervisors ,, Bic- ~ ~,'' ~ ~, ~ ~- = ~=-"'._~ f ~' , 4J"._ - R.J. BEELER, Chair 'Butte County Board of Supervisors f~~ ne; on be),-l.f of Chzzir by Curt ,Josiasse^,, ~, Vice-~Chair, X3/23/03) 3 ~,v EXHIBIT A State of California Department of Justice 200312004 Spousal Abuser Prosecution (SAP) Program. Continuation Application Due Date: August 1, 2003 SAP Program Applicant: BUTTE CoUrrrY DISTRICT ATTORNEY Contact Person: SPOUSAL ABUSER PROTECTION PROGRAM (SAP) Phone Number: (530) 538-~41I A complete Continuation Application Package (1 unbound original + 4 copies) includes: 1. Title Page 2. Application 3. Budget 4. Budget Narrative 5. Staff Verification Farms 6. Program Narrative Tease type or print in black ink. 1. CITY OR COUNTY NAME: BUTTE COUI~iTY District or Cih' Attorney's Name: -MICHAEL L. RAMSEY Address: CYty: Phone: E-mail: 25 COUNTY CENTER DRIVE OROV~..LE (530)538-7411 nsamsev(2butt°couniv.nei State: CA Zip: 95965 Fax: (530) 538-7071 2. BUDGET 5AP Program Funds Requested: Cash Match: In-Kind Match: Total Program Cost: 3. SAP PROGRAM DIRECTOR Name: Address: City: Phone: 2003 / 2004 Pragram Year $66,523.00 $17,083.00 50.00 583,606.00 Person responsible for developing and implementing program objectives.) MICHAEL L. RAMSEY Title: DISTRICT ATTORNEY 25 COt JN"I'Y CENTER DRIVE OROVR.LE State: CA Zips 95965 (530) 538-7411 Fax. (530) 538-7071 nvamse Vt¢ btriYecouoty. net E-mail: 4. SAP PROGRAM CONTACT (Person responsible for progress reports, staff verifications, etc.) Name: FRANCISCO ZARATE Title: CHIEF DEPUTY DISTRICT ATTORNEY Address: 25 COUNTY CENTER DRNE CSty: OROVILLE State: CA Zips 95965 Phone: (530) 538-7385 Fag_ (530) 538-7071 E-mail: t~;rate`'a~buttecoun .net 5. SAP PROGRAM FISCAL CONTACT (Person responsible for program invoices, budget modifications, etc.) Name: TRISHA WALKER Title: AUDITOR / ACCOUNTAAiT Address: 25 COUNTY CENTER DRIVE City: OROVII.LE State: CA Zip: 95965 Phone: 1530) 538 102 Fag. (530) 538-7836 tw~.buttecounri~.net E-maa: I I I I ' ! C ~1' IR i ~ ' ' Ir ~ E{"J Please type or print in black ink. 6. SAP PROGRAM STAFF (PROSECUTORS & Ilvti'ESTIGATORS) How many prosecutors will be assigned to the grant? Do all SAP prosecutors meet the training and experience requirements of the grant? Is there a VSQ attached to this application for each prosecutor working on the grant? How many invesiigators will be assigned to the grant? Do-all SAP investigators meet the trauring and experience requirements of the grant? Is there a VSQ attached to this application for each investigator worh~ing on the grant? REDUCED CASELOADS The SAP grant requires "A significant reduction of caseloads for SAP investigators and 5AP prosecutors". Is there a significant reduction (at Least 25%) of caseloads for SAP investigators and SAP prosecutors? 7. SAP PROGRAM STAFF (DV Counselors/Victim Witness Advocates) How many counselors/advocates will be assigned to the grant? Do all SAP counselorsladvocates meet the training and experience requirements of the grant? Does your agency have an MOU or contract with an outside agency to provide counselors; advocates? Note: If yes, please attach a copy to this application. Is there a VSQ attached to this application for each counselor,'advoeate working on the grant? Check the boxes that apply to the services provided to victims of domestic violence: D Initiate and maintain contact with the victim © Provide education on the legal system and the prosecution process © Safety planning with the victim ©Keep the victim informed at all stages of the prosecution © Make appropriate referrals to community agencies ~ Appear with and support the victim at court hearings D Provide language interpretor services D Coordinate with all members of the domestic violence team 2 ~ 50% © Yes ^ No ~ Yes ^ No I ~a 50°l0 ~ Yes ^ No D Yes ^ No © Yes ^ No One © Yes ^ No ^ Yes ©No ~ Yes ^ No 8. Describe the types of crimes prosecuted under the grant (Example: Domesfic Violence, Stalking, ...etc) See attached Program Narrative 9. Describe the criteria utilized by your office when deterrrrinurg whether or not to prosecute a domestic violence case. (Example: extent or seriousness of the injuries; use of a gun or other weapon; defendant's prior criminal history; past history of violence whether charged or uncharged; victim cooperafion) See attached Program Narrative ~i ii .~ ~ : ~... ~ s ® ,. a ., ! ~ Please type or print in black ink 10. Does your office review "Domestic Violence Incident Reports" submitted by law enforcement, which © Yes ^ No did not result in an arrest? 11. Describe the criteria used when determining whether a domestic violence case is prosecuted as a felony or a misdemeanor. (Example: extent or seriousness of the injuries, use of a gun or other weapon, defendant's prior criminal history, past history of violence whether charged or uncharged) See attached Program Narrative -Internal Guidelines are included 12. Vlfiat method of vertical prosecution does your SAP Progrun practice? Note: If other, ezplain. ^ True © Major ^ Ulilt ^ Other The same prosecutor handles all felony matters from initial filing through sentencing, Un occasion, another prosecutor will appeaz at the initial in-custody arraignment The DV deputy will have akeady written instructions for thc in-court prosecutor regarding opposing or increasing bail, the facts of the case, and a request far a no contact order, The felony DV prosecutors review and file or decline all 273.5(x) cases whether they are IIed as felonies or misdemeanors. If the felony DV prosecutor files the case as a misdemeanor, then it is thereafter handled in another unit 13. The SAP Program Guidelines require that "Alt reasonable prosecutorial efforts shall be made to reduce the time between arrest and disposition of cha be against an individual meeting spousal abuser criteria". Describe your SAP Program's success in obtaining a reduction of time between arrest and disposition of domestic violence cases. Duc to a change in computer systems and programs, we do not have the statistics comparing our SAPP Program filing-to-disposition time and our pre-SAPP Program fiiing- to-disposition times. Aver the last 15 months, we have rigorously opposed most continuances and adhered to minimum-time-to-disposition criteria, including, but not limited to, our "minimum offer" at the pre-Preliminary Hearing stage, with offers increasing in severity [either by additional jail time or requiring pleas to additional charges, as appropriate) at each stage thereafter. 14. The SAP Program Guidelines require that "All reasonable prosecutorial efforts shall be made to resist the pretrial release of a charted defendant meeting spousal abuser selection criteria". Describe your SAP Program's efforts to prevent pretrail release of domestic violence defendants. We oppose release of charged defendants. Where the Court has indicated [either at that hearing ar at previous hearings of similazly-situated defendants] the accused will be released over our objection (or despite any objection we may make), we request a formal PC 136.2 "no contact" order. 15. The SAP Program Guidelines require that "All reasonable prosecutorial efforts shall be made to persuade the court to impose the most severe authorized sentence upon a person convicted after prosecution as a spousal abuser". Describe your SAP Program's efforts to ensure that the most severe sentence is issued. This County's Courts require probation reports be made on all felony sentencings. Using the factors present in the Probation Report or other, additional material, we argue for the most severe appropriate sentence. Where the felony defendant declines a Probation Investigation, we request, and the Court gives, upper-term, consecutive srntences. PZease type or print in black ink. III 9 ~i i 16. Describe your SAP Program's policy concerning plea bargaining of domestic violence cases. This Office has a "no drop" policy. That means that where, in light of all available evidence, the People have a provable case, we do not dismiss the domestic violence charge (case) in return for a plea to anon-domestic violence charge (case). In the appropriate case, the DV prosecutors have discretion to reduce felony DV charges to misdemeanor DV charges. If other charges are dismissed, they are dismissed with a Harvey Waiver. All offers which are open ar which have not been accepted by the close of the Preliminary Hearing are reviewed by a committee of deputy DAs chaired by the Chief Deputy DA_ This committee reviews the offers for appropriateness considering the fact pattern and the defendant's criminal history and for consistency. 17. Does your office have a "Cell Phone Program" for victims of domestic violence? ^ Ye9 ©N~ 18. Does your office have an automafic "Victun Information and Notification System" in place to notify victims of ©Yes ^ No changes in the status (custody, location, sentence expiration) of offenders? 19. Does your office notify victhrrs of changes in the status (custody, location, sentence expiration, etc...) of offenders? ^Yes ©No 20. Does your city or county have a "Domestic Violence Court"? ©Yes ^ NO~ 27.. Does your city or county have a "Domestic Violence Response Team"? ^Yes ©NO 22. Does your city or county have a "Domestic Violence Death Review Team"? 23. Does your city or county have a domestic violence outreach program? ^ Yes D No ~ Yes ^ No 24. Is domestic violence training offered to the law enforcement of your county? D Yes ^ No 25. Is domestic violence training offered to the judges of your county? © Yes ^ No 26. Does the law enforcement of your city or county use "photodocumentation" to document DV cases? 27. Does your office have written policy and procedures for the prosecution of domestic violence cases? 28. Official Authorized to Sign for Applicant/Grantee ~ Yes ^ No © Yes ^ No The grant recipient sigrzif[es acceptance of this grant award and agrees to administer Lhe grant project in accordance with the statutes and requirements as contained in the S1PProgram Guidelines. Signature: Printed Name: Michael L Ramsey Title: Butte County District Attorney 538-74]1 Phone: Emad Address: mramsev(a7bu[SecounN.net Fax: (530) 538-7070 CTTY OR COUNTY NAME: BUTTE COUNTY A. STAFF SAP Program City or County Total Program Funds Requested Match Funding Salaries $50,710 $12,677 $63.387 BeneSts $11,785 $2,946 $14,731 Subtotal $62, 495 $1 S, 623 $ 7 8,118 B. OPERATIONAL - Travel $0 Transportation $0 Training & Education $2,828 $1,160 $3,988 (Acquisition cost of more than $1,000) Equipment $0 Supplies $0 SAP Program Audit $1,200 $300 $1,500 (Please attach explanation if more than $1,000) Other $0 Subtotal $4,028 $1,460 $5,488 Total Budget L $66,523. $17,OS3 $8~......... ', 606 SAP Program Match Total (max. 80°l0) (min 20%) 100% C. Please List aIl prosecutors, investigators, and counselors/advocates wonting on the SA P Program Name Position (DDA, Advocate/ Counselor, Investigator) ROBERT THOMAS DDA KELLY MALOY DDA ROSS PACK INVESTIGATOR PAM CHAMBERS ADVOCATE /COUNSELOR BUDGET NARRATIVE 2003 / 2004 Spousal Abuser Prosecution (SAP) Program Continuation Application 1. BUDGET SL~VL~VI.ARY: A. Staff: Salaries & Benefits $ 62,495 B. Operational: Training & Education $ 2,828 Audit $ 1,200 C. Cash 1~Iatch: $ 1'7,083 TOT.~I. SAPP REQUEST: $83,606 2. BLDGET JISTIFICATION NARRATIVE: A. Personnel: The bulk of the SAPP funding requested will provide for direct service staff to implement the proposed project, While the total project costs equal 83,606, SAPP funding represents 80% of the project funding. This funding is vital to provide the 1.0 FTE extra-help Victim Witness Counselor and the .5 FTE DA Investigator II to serve the prosecution unit. As identified in the Problem Statement, these two positions are vital to the victim's safety as well as cooperation with prosecution. Additionally, two (2} Deputy District Attorneys are dedicated to the project, but funding is pro«ded under other funding sources. They are currently trained and on staff. The identified staff is directly related to Goals & Objectives 1-8 of the attached Program Narrative. SAPP DA Investigator II SAPP Grant Cash Match (Ross Pack SAPP DA Investigator II salary: [$4,538.67 per $ 21,786 $ 5,446 month x 12 months) x .5 FTE _ $27,232 SAPP DA Investigator II benefits: [$2,392.50 per $ 11,484 $ 2,871 month x 12 months) x .5 FTE _ $14,355 SAPP DA Investigator II overtime: [$649.92 per $ 6,239 $ 1,560 month x 12 months) _ $7,799 SAPP DA Victim Witness Counselor SAPP Grant Cash Match [Pam Chambers] SAPP Victim Witness Counselor salary: [$2,159.75 $ 20,733 $ 5,183 er month x 12 months x 1.0 FTE _ $25,916 SAPP Victim Witness Counselor benefits: [$31.34 per $ 301 $ 75 month x 12 months] x 1.0 FTE _ $376 SAPP Victim Witness Counselor overtime: [$203.45 $ 1,952 $ 488 er month x 12 months] _ $2,440 iAPP Operational C ~: [$3,988 dedicated to $ 2,828 ~ $ 1,160 Graining and Education. SAPP Operational Costs: [51,500 dedicated to SAP $ 1,200 $ 3,00 Audit. SAPP Grant Award Total 6,523 $ 17,083 State of Calrfornla Depattrnent of. justice Perr"fcati%on of Staff Qualifications (TTSQ) For work~er_%ormed underpm~rsions of the Cali. jornia S1bosrralAbuser Prosecutzon Pra$ram ar established by Cali, forma Penal Code section Z%3.8 and the 1994 Battered 1F'omen Pmtection Act To: Rick TrusselI SAP Program Office of the Attorney General 1300 I Street, Room 1020 Sacramento, CA 95814 From: BUTTE COUNTY DISTRICT ATTORNEY 25 COUNTY CENTER DRNE OROVILLE, CA 95965 Grant Number. 03SA1OC002 Contact Person: FR~TCiSCO 7AR ATE Phone Number. (530) 538-7385 E-mail: fzarateia~buttecountv.net SAP Program Position: Funding: Q Prosecutor ^ SAP Program 100 % Funded (Former): Q Other Sources (Current): RO$ERT THOM~'~S ^ Volunteer Q Prosecutor ^ SAP Program 100 % Funded (Former): Q Other Sources (Cun-ent): KELLY ?vigl,OY ^ Volunteer Q Investigator Q SAP Program 50 % Funded (Fommer): ^ Other Sources (Current): ROSS PACK ^ Volunteer The Battered Women Protection Act of 1994 requires Spousal Abuser Prosecution Units receiving "Spousal Abuser Prosecution Program" grant funds to assign highly qualified investigators and prosecutors to spo usal abuse cases. (Pen. Code § 273.82 (4b)j (Please see SAP Program Guidelines.) SAP Program Position; Funding: Q Domestic Violence Counselor/Advocate Q SAP Program 100 °lo Funded (Fommer): ^ Other Sources (Current): P.9M CFLg.M$ERS ^ Volunteer The Department of Justice requires that "Domestic Violence Counselors f Advocates" involved in the S<'jP Program meet the California Evidence Code section 1037.1 definition of a "Domestic Violence Counselor/Advocate". (Please see SAP Program Guidelines.) I certify that the above listed prosecutor, investigator andf or counselor/advocate of the Spousal Abuser Prosecution Unit of my county or city meets or exceeds the requirements as outlined by the SAI' Program Guidelines. Signature ~~ ~ Date 1 _~u~-03 ~J Name FRANCISCO R. ZAR.ATE Title CHIEF DEPUTY DISTRICT ATTORNEY DEPARTMENT OF JUSTICE -REVIEW AND APPROV_AI, S~muture ~ - -~ ~- -; _,` Date _> T~ rd Name 1 I- .: ~.. ~. _ _ _. .~ -_ (Rev. blDl) 2003 / 2004 SPOUSAL ABUSER PROSECUTION PROGRAM (SAP Program] PROGRAiVI N~?-.R.RATIVE PROJECT NEED Butte County is located approximately 100 miles north of Sacramento with over 1600 square miles of land area that stretches from the Sacramento River in the center of the North Valley to the Feather River in the Siena Nevada Mountains. The population of Butte County, according to the 2000 U.S. Census Bureau, is 203,171, withthe following breakdown: 80.0°lo Caucasian, 1.4%African-American, l.9%Native American, 10.5% Hispanic, 3.3% Asian, and 2.8% Other. In the last year, Butte County has experienced a 0.8% population growth rate. Butte County's agriculturally based economy supports a large number of migrant farm workers. Unemployment in Butte County is 6.4%, with 20.9% living below the poverty level. Single white mothers, Latinos and AsianslPacific Islanders comprise the groups with the fastest growth rates of poverty. There is a minimal distribution of services to the outlying areas. The main population centers of Butte County include Chico, Paradise, Gridley, and Oroville. Butte County has a pervasive methamphetamine abuse problem and has been identified as a center for the manufacture and distribution ofrnethamphetamine. Methamphetamine is adrugthat affects the behavior of the user, often causing severe, unpredictable outbursts of intense violence. Many Domestic Violence arrests emanate from the abuse of methamphetamine. The District Attorney's Office has. addressed the problem of domestic violence. With the assistance of a SAPP Grant, in January 1995, we established a Domestic Violence Vertical Prosecution Unit consisting of 1 FT attorney, 1 FT investigative position, and 1 FT counselor [later reduced to %Z time due to budget constraints]. In 1994-1995, the Office received $70,000 and overmatched the grant with $83,660 in county general funds, for a total pro] ect in the amount of $153,660. This Office was notified in July, 2003 that the grant award for 2003-2004 would only be $66,523. Today, the County is experiencing major budget problems as a consequence of the state budget and will only be able to provide the required 20% match ($16,500) for a total project funding in the amount of $83,023. This level of funding will only provide for .6 FTE (full time equivalent) attorney and .5 FTE investigator' and is in stark contrast to the $590,000 needed to meet all program goals. The 2002-2003 S.APP Grant only funded one-half of the cost of 2 full-time attorneys whose domestic violence caseload goal is approximately 46% of the general felony deputy's caseload. This office is a very "victim accessible" office. When D~ victims come to the office, the DV deputies stop what they are doing and, with the support of the unit investigator and the DV Counselor, interview and counsel the victim. This places additional time and resource demands on the attorneys, investigator, and counselor that other units do not have. The domestic violence Victim Advocate now works full time, and the 50% grant-funded investigator remains assigned exclusively to the unit's felony domestic violence cases, providing an established relationship with the victim, witnesses, and responding officers and agencies involved with the case. The victims' part in the judicial process may be a confusing and frequently fi-ightening experience. Social service providers have referred to the victims' experience at court as "re-victimization." Victim assistance, crisis counseling, appropriate referrals, and a support system are essential elements to cooperation, culminating in successful prosecution. Receipt of SAPP funds as indicated in Mr. Trussell's letter of July 15, 2003 will, to a limited extent, continue to facilitate the means for the Butte County District Attorney's Office aggressive commitment toward zero tolerance and successful prosecution of domestic violence, as well as to continue to offer training to support services, law enforcement and the community at large. The requested additional funding of $59fl,596 will ensure better case preparation and witness coordination at trial. Despite the limited funding; in order to continue the high quality ofinvestigation and prosecution, the allocation of the requested additional funds to this office is mandatary if there is to be any hope of attaining the program goals. This additional funding will result in better over-all case preparation, better jurytrial results for those cases tried, and more cases settled with stiffer sentences than the current settled case result. 1 The reduced staffing is a result of a) reduced funding from SAPP grant b} the County's inability to overmatch the project with general funds c) Cost of Living Adjustments (COLA) and merit increases far "highly qualified staff" and, d) inflationary costs for equipment and supplies. Page 1 of 4 pages 1:~GxnNrs~saPrsnrr-~ zoo3 - zooa~snrr os-oa F~~ ~.,~a Internal District Attorney statistics have indicated that many cases are not filed because of insufficient evidence. Often, the cases presented to this office are "in custody" requests, which, if not filed, result in abusers being released to re-victimize their victims. On those cases filed, much of this evidence can often be acquired through follow-up investigation in those areas designated by Unit attorneys. Unfortunately, much evidence (such as the opportunity to photograph "ripe bruises"} is permanently lost because it is not initially gathered by the police officers on the scene. Factors contributing to successful prosecution include the DA Investigator's familiaritywith any case history of abuse, establishing a cooperative relationship with the victim, with responding officers, and with supporting agencies. GOALSAII-'D UBJECTIVES•RESULTSEXPECTEDANDACTUALRESULTSACHIEVED The Butte County District Attorney Office intends to continue to enhance the efficiency of the SAPP Project with aggressive vertical prosecution supported by intensive investigation and support services of a trained counselor in the SAPP target population areas. The mandatary objectives outlined in this RFP are the continuing goals of SAPP Project and will indirectly support and enhance the additional target goals: OBJECTIVE 1: Continue to increase prosecutions of violent crimes against women and increase the conviction rate "as charged". Goal The Butte County District Attorney's SAPP Project will continue to file felony domestic violence charges where supported by the evidence and resist attempts to reduce the charges to misdemeanors. This Goal is being met at this time, but there is room far improvement. Problem: Often the charges are reduced from felony to misdemeanor before trial because the officer on the scene at the time of the incident has not collected sufficient evidence to conclusively demonstrate to a judge or jury that the injuries are "felony level'' injuries. Solution: The Solution is two-part: (1) Provide additional funding for afull-time paralegal who can assist in trial preparation, thereby increasing the time available to the trial attorney to conduct training to law enforcement at shift changes and during training cycles. (2} Provide additional funding for afull-time investigator to take all follow-up photos (to demonstrate "felony injuries"). OBJECTIVE 2: The SAPP Project prosecutors will resist pretrial release and assist in obtaining restraining orders against those defendants who post bail or are released on their own recognizance. This Goal is only partially met due to current, minimal staffing levels and the manner the consolidated courts are being run.. As a result, this office had adopted a "major stages appearance" by SAPP Grant deputies which means non- DVdeputies conduct most arraignments and we provide no assistance in obtaining restraining orders except PC 136.1 criminal restraining orders, which are routinely obtained. Problem: Per-deputy caseloads are beyond maximum numbers for competent preparation. There is no time for the attorney to assist anyone in obtaining restraining orders. Therefore, the responsibility to assist victims falls on the Advocate/Counselor and Catalyst, the local women's shelter. Solution: The solution is three-part. Additional funding for afull-time paralegal is critical to assist in obtaining restraining orders as well as funding additional attorney positions and expanding the Advocate/Counselor from one to two full-time advocates. OBJECTIVE 3: The SAPP Project investigator will conduct investigations to determine compliance with restraining orders, and if violated, have the defendant remanded. Over this past year we have had difficulty meeting this Goal. With the current budget cuts this Goal will not even be addressed Problem: The two half-tune funded teal attorneys often task the Units only half-time investigator with mare work than can realistically be accomplished by two investigators. Solution: Increase the funding to fully fund the assigned investigator's position, and fund a second investigator. OBJECTIVE 4: Implement extensive follow up investigation by the SAPP Project investigator on cases submitted for filing. This Goal is being met on those cases assigned to the investi Bator but the trial deputies must allocate scarce investigative resources so not all cases receive the extensive attention and investi ration called for m the Pro ram parameters Problem: As noted above, the half-time investigator currently assigned has more than sufficient work as is without engaging in "extensive follow-up investigation." While such extensive follow up investigation is the goal of this office, realistically, it only happens on an occasional case-by-case basis. Properly, it Page 2 of 4 pages J:icxarrrs`SAPPISAPP_FY 2003 - 200a1sAPP 03-04 Final IT.aftwpd should happen every time. Solution: Increase the funding to fully fund afull-time investigator's position and include funding for a second full-time investigator. OBJECTIVE 5: The Counselor will continue to be available to assist the victim in understanding her role in the judicial system, how cases are adjudicated, and vertical court accompaniment and support from preliminary hearings to sentencing. Goal: Establish early contact with the Victim because that contact is essential to successful prosecution of DV crimes. This is the stage when the victim is most traumatized, confused and fearful. The Counselor would provide emotional support, an understanding of the criminal justice process, her personal rights within that system, court accompaniment, and appropriate referrals to support services. This personal kind of support is typically not available from other sources. During the past year, this Goal has generally been met. However, with this past year's 29% increase in filed cases, despite our Advocate's work full-time, the likelihood of true compliance this next year is remote. OBJECTIVE 6: The Counselor will continue to facilitate the acquisition of civil orders which would assist the victim and which would not conflict with orders issued in criminal court proceedings. This objective is being met currently, subject to the Advocate/Counselor's availability. OBJECTIVE 7: Achieve vertical prosecution standards as measured by the number of SAPP cases to be prosecuted through major stages vertical prosecution. Goal: After the defendant is identified as an individual meeting necessary criteria the same prosecutor who files the charges will make all significant appearances, including preliminary hearing, trial, sentencing, contested motions affecting bail, admissibility of evidence, dismissal of charges, change of venue, motions to sever or consolidate, discovery, setting aside the verdict, or motions concerning search warrants. This objective is being met. However, this office would like to see at Least one deputy assigned to domestic violence cases bepresent atoll in-custody and out-of-custody arraignments in order to ensure that, from the very initiation of criminal proceedings, if an aggressor is released either on his own. recognizance or on bail, there are conditions requiring the batterer not contact nor attempt to contact the victim in any way. Present funding does not allow full-time arraignment staffing by a DV deputy. Therefore, from time-to-time, batterers are released with no or inadequate restrictions vis-a-vis the victim. This problem could be adequately addressed by increased funding to expand the number offully-funded attorneys handling domestic violence cases. OBJECTIVE $: Reduce specialized caseloads (excluding ~rarrant cases) as measured by the average caseload for SAPP prosecutors and investigators compared to non-project prosecutors and investigators. Discussion: As previously stated in the "Problem" section, this Goal is bein met. SAPP Grant prosecutors are only at a 40% felony caseload vis-a-vis the General Felony deputy caseload. This is an overall increase corn last reportif~period. when the caseloads were 3~,% However, there are impositions on the time of the DV attorneys which are not required of general felony deputies. These include operating this office as aVictim-Accessible Office, where the DV Deputies [and investigator and counselor] stop what they are doing in order to assist and discuss the case with DV Victims who drop in unannounced. In addition, Evidence Cade § 1109 allows the DV prosecutor to introduce other acts of domestic violence perpetrated against other victims. This means that there are often trials-within-trials which are not present mother felonies. These "mini-trials" also require extensive preparation and occupy attorney and investigator time. The Butte County courts divide the criminal caseload alphabetically among 4 courts which call their calendars in different courtrooms on Monday and Tuesday. There is one general felony deputy per court, which means that deputy is in court one day a week, as a general rule. There are only 2 half-time funded DV deputies, one far each half of the alphabet. Thus, they spend two days in court a week. This additional court time substantially decreases the time available to process individual cases. In sum, although this office's DV Attorneys do have a slightly reduced caseload, the numbers ar-e deceiving because of the additional time requirements made upon the attorneys, investigators, and counselor. This oj~ce has done all it can short of adding additional personnel to the Domestic Violence Unit. Now, imbalance can be corrected by adding 2 funded Attorney positions and by using a trained paralegaUlegal assistant. OBJECTIVE 9: Establish community outreach education, training and advisory council participation Page 3 of 4 pages J_1GRANTS`SAPPISAPP--FY 2003 - 2004`SAPP 03-04 Final Braft wpd Goals: A. Conduct professional training to the five agencies Law Enforcement officers in Butte County, enabling them to provide a mare comprehensive investigation of designated Unit crimes. B. Provide training and education tonon-profit social service agencies (i.e. Rape-Crisis, and Catalyst Women's Advocates. C. Implement county agency policy and protocol through active participation with the Butte-Glenn Family Violence Prevention Council. D. Record statistics for comparison and demonstration of the proj ect and grant obj ective. As previously noted, this obj ective is onl bein~partially met at the present time. Due to the time limitations set forth above, these goals, though admirable, can not be addressed. Currently, both the DV Grant attorneys are active with the bi-monthly Butte-Glenn Family Violence Prevention Council and are "riding the circuit" to speak to police officers at shift briefings twice a year. COLLABORATIVE EFFORTS The prevention of recidivism will be achieved, in part, by using the skills of highly trained, vertically assigned personnel who will remain in their assigrunent for a significant period of time. These people have not limited their activities to the District Attorney Office; rather, they have been using their positions to reach out to the community at large to address the issue of domestic violence. Only through a continued comprehensive and inclusive program will we be successful in reducing the amount of violence that impacts all of the citizens of this state. This effort requires an intensive system of case building that draws on the expertise of specially trained investigators; victim support services personnel and continuous training ofLaw Enforcement field officers. The most significant collaborator in this intensive system has been the Domestic Violence Response Team, or DVRT. Currently, that program has become defunct because of the potential of grant budget cuts. This Office explored alternative funding sources and found none. The demise of.I)VRT has crippled the early intervention process painstakingly built up since 1995. This office still works closely with Catalyst, a local women's shelter and counseling resource center; the Butte-Glenn Family Violence Prevention Counsel; the provider of Family Violence Educational Programs; Feather River Indian Tribal Health; and the Victim-Witness Program. D. Financial Summary of Proposed Changes Attached hereto and incorporated by reference is a Budget Form page reflecting the financial costs of implementing the necessary changes. Page 4 of 4 pages ~:~Gxaz~~su.aPY~sarr-r-Y zaoa _ zooavsnrr o3-aa F~~ ~aft.~a EXHIBIT B Butte County District Attor~ley Qy4~~,Arr~gti MEMORANDUM ~~' OGtitY OF eJ1 To: Richard ~. Trussell Jr -SAP Program Coordinator From: Debbie Gooley -Administrative Analyst Subject: Department of Justice (DOJ} 2003 / 2004 Spousal Abuser Prosecution Program (SAPP Program} Date: 09/02/03 Per instruction 2. -The next scheduled Board Meeting is September 23, 2003 at 9:00 a.m. At that time the Resolution approving the agreement and authorizing the person(s) to sign the agreement will be submitted. When the resolution is signed, I will forward the original document to your office. EXHIBIT C STATE OF CAL IFORN IA DRUG-FREE WORKPLACE C~.,TIFICATION STD.21 (REV. 12-93) CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the cer~cation described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury cinder the laws of the State of California. CONTRACTORlBIDDER FIRM NAME FEDERAL ID NUMBER Butte Count Distric Attor _ BY (Authorized 5igna(ure) DATE EXECUTED ~ r 09/02/03 PRINTED NAME AND TfTLE O ERSO IGNI TELEPHONE NUMBER (Include Area Code) Michael L. Ramsey (530) 538-7411 TITLE _........_.. District Attorney ~•+~ • • •.r.~. ~ v~ vuivucn r' •nin J Iv~HIL1IVV HUVttCJJ 25 County Center Drive Oroville, CA 95965 The contractor ar grant recipient named above hereby certifies compliance with Government Cade Section 8355 in matters relating to providing adrug-free workplace. The above named contractor or grant recipient vfill: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish aDrug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining adrug-free workplace, (c) ,Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be unposed upon employees for drug abuse violations. Provide as required by Government Cade Section 8355(c), that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. At the election of the contractor or grantee, from and after the "Date Executed" and until 08/30105 (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts~~or grants entered info between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning, effect and enforceability as if a certificate vaere separately, specifically, and individually provided for each contract or grant between the contractor ar grantee and this state agency. DEPARTMENT OF JUSTICE (DOJ) SPOUSAL ABUSER PROSECUTION PROGRAM GRANT AWARD The Department of Justice (DOJ) hereby makes a grant award of funds to Butte County District Attorney (Grantee}, in the amount and for the purpose and duration set forth in this grant award. Award Number: 03SA10C002 Grant Period: 711/03 - 6/30/04 Amount of Grant: City/County Match Total Project Cost: Implementing Agency: District Attorney: Title: Project Director:, Title: Address: City/Zip Code: Email: $66,523 . $17,083 $83,606 Butte County District Attorn Michael L. Ramsey District Attorney Michael L. Ramsey District Attorney 25 County Center Drive Oroville , CA 95965 Phone: 530-538-7411 Phone: 530-538-7411 mramsey@buttecounty.net The grant recipient signifies acceptance of this grant award and agrees to administer the grant project in accordance with the statute(s), the Program Guidelines, and the Request for Proposal as contained in the grant application prepared and submitted by the Implementing Agency and as approved by the Department of Justice (DOJ): FOR DOJ USE ONLY Official authorized to sign for ~pplicantlGrant Recipient: ''Signature: i~/ ~ ~~ Title: District Q.ttorney,.~= printed Harp@: Michael L. Ramsey AddreSS: 25 C'oimty C'PntPr l~riva Oroville. CA 95965 Phone: (530) 538-7411 Small: mramsey@buttecounty.net I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purposes of the expenditure stated above: Chief, Accounting Office, DOJ Date: Chief, Criminal Law, DOJ Date: Jus A-101 {12/94)