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HomeMy WebLinkAbout84-204I i BQARD OF SU~'FR`V!S'ORS COUf`JTY CF BUTTE;.. STATE CF CALIFCRNf,4 Resolu#ion No. 84ao4 RESOLUTION AUTHORIZING SUBMISSION OF REQUEST FOR PROPOSAL TO OCJP WHEREAS, the District Attorney desires to undertake a certain project designated Major Narcotic Vendors Prosecution Program (MNVP) to be funded in part from funds available through State General Funds as authorized by Chapter 1424 of the 1984 Statutes for the California Major Narcotic Vendors Prosecution Law administered by the Office of Criminal Justice Planning (hereafter referred to as OCJP). NOW, THEREFORE, BE IT RESOLVED that Will B, Mattly, Butte County District Attorney, is authorized, on its behalf to apply by submitting a Request For Proposal to OCJP. PASSED AND ADOPTED by the Butte County Board of Supervisors this 18th day of December 1984 by the following vote: AYES: Supervisors Dolan, Moseley and Chairman Saraceni NOES: None NOT VOTING; None ABSENT; Supervisors Fulton and Wheeler LiLiC/" AL SARACENI, Chairman Butte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and C1 By CHIEF ...: _~DMINISTRATIVE G ,: ~.;~ ICE COUNTY OF BUTTE o~urr~o c +~ o u 0 a q O p cQUK'~~l MARTIN J. N3CHOLS CHIEF ADMINISTRATIVE pFFICER 25 COUNTY CENTER DR. / OROVILLE, CALIFORNIA 95965-338b / (916} 534-4631 r °~ To: From: January 18, 1985 ld Lively, Deputy Administrative Officer onna Landeros, Administrative Analyst MEMBERS OF THE BOARb HASKEL A. McINTURF JANE DOLAN HILDA WHEELER ED McLAUGHLIN LEN FULTON Subject: Butte County Narcotics Prosecution Program - Request for Proposal I have reviewed the Butte County Narcotics Prosecution Program Request for Proposal and do not have any concerns or reservations regarding the program and the appropriateness of accepting this grant. My only concerns are the same concerns that T had with the Sheriff's Student Drug Abuse and Crime Prevention Grant Applications. The .justification of the grant refers to the 32 positions that were eliminated from the Sheriff's Department in 1982. The narrative does not address the fact that there are 15 fewer Deputy Sheriffs than in 1.982-83, but there has been an increase in Community Service Officers, Sheriff's Captain, Staff Service Manager and various clerical positions. The total staffing in the department is currently at 130 positions compared to 1~1 positions in 1981-82. The narrative also mentions that Butte County's budget problems have prevented the District Attorney from having any staff increases and does not list the three District Attorney positions funded in the last two years. The grant makes the traditional statement that Butte County wi11 make every effort to assume these costs and maintain the program at the expiration of the one year grant. I realize that this is considered "grantsmanship" by some people but it can also be interpreted as deceptive and misleading. p,~4-~.rc~.. O~ Donna Landeros Administrative Analyst DL/tc BUTTE COUNTY PJARCOTICS PROSECUTION PROGRAM REQUEST FOR PROPOSAL OFFICE OF CRIMINAL JUSTIC€ PI.~INNING GRANT AuAKU MAJOR NARCOTIC VENOURS PRUSECUrIt}N PRUGRA~'1 RFP F{3Rr~S 1 The Office of Griminaf Justice Planning, hereinafter designated "UCJP", hereby makes a grant award of funds to 1. BUTTE COUNTY hereinaf~kr designated "Subyrantee', under the provisions of the ~~iajor Narcotic Vendors Prosecution Program, as autttarized by Chapter 1424, Statutes of 19134 (SB 13132), in Che amount and for the purpose and duration set forth in this grant award. 2. I'roJect Tttle 5. Award No. BUTTE COUNTY NARCOTICS PROSECUTION PROGRAhI 6. Grant Period c/7/85 - 1/37/86 3. Project director (Name, Address, Telephone Federa Amount WILL B. I~fATTLY, BUTTE COUNTY DISTRICT ATTORNI=Y 25••COUNTY CENTER DRIVB 8. State Funds X742 058 OROVILLE CA 95969 , , . 3. App scant Hard Match ------- 4. F.inanctal Ufftcer (Name, Address, a ephane lU. atal roject Cost JIf~[ JOIiANSEN BUTTfr COUNTY AUDITOR $14Z,U58 c5 COUNTY CENTER DRIVE OROVILLE, CA 959b5 This grant award consists of this title page, the appliation for the grant which is attached hereto as Attachment A and made a part hereof, and the Standard Grant Award; Conditions which are attaches Hereto as Attachment B and made a part hereof. -- The Subyrantee hereby signifies its acceptance of this grant award and agrees to administer the grant project in accordance with the Leans and conditions set forth in or incorporated by reference in this grant award and the applicable provisions of the Crime Control Act identified above. The Subgrantee certifies that federal and state funds received will not be used to replace local funds that would, in the absence of such federal and state aid, be [Wade available for the activity being'supported under this agreement. 11. Date 3 Jan 1985 ~fficia Authorized to stQn for Subgrantee Name: 41i 7 7 B. f'iatt3y Title: Butte County District Attorney Telephone: (916} 534-44].1 Address: 25 County Center Dr.., Orovil7e OFFICE i3F CRIMINAL JUSTICE PLANNING, STATE t1F CALIFQRNIA Executive Director, i1CJP slate r hereby centi.~ y upon my own pelz.sana.P. hnacuEedg~ .that budgeted ~u-zda ace ava.i..Ca6Ze ITEfd ion .the p¢~,i.ad and punpaa e a ~ ~th,ia expendi-- .tcir[.e b.tated above. GENERAL FUND ilCJP Fiscal ilfficer (UCJP Form ~Ul Revised for ~'1NVP Proyra[n - YU/ti4) RFP Fi1RM Z CEKTIFICATIi]N JF E~?KhtULATIUN AHD AVAiLABiLITY OF ,~~ E(~UAL EMPLUYMENT UPPURTUNiTY PKUGRAM i ~ l~lILL B. NiATTLY (Pro3ect Director or other authorized official) certify that the BUTTE COUNTY criminal justice agency has formulated an equal employment opportunity program in accordance with 28 CFR 42.31U, et seq., subpart E, and that it is 'on file in the office of: Name: JAMES RAC Title: PERSONNEL Address: ~5 COUNTY for review or audit by officials as required by relevant lass and KERBY DIRECTOR CENTER DRIVE, OROVTLLE, CA 95965 of the California Uffice of Criminal Justice Pla~ining, regulations. Signature DTSTRICT ATTORNEY (Title 3 JANUARY i5E5 Uate ~tFP FORt~f 3 ENYIR:?Nt~ENTAL IMPACT STATEMENT NE{iAT C YE DECLARAT C (}N fs' in accordance with the procedures far the preparation of environmentaE impact statements, an environmental assessment has been performed On the proposed agency action below: B[ITTE COUNTY NARCOTICS PRO5ECl1TION PROGRAM (Tit a of Project The assessment process did not indicate a significant environmental impact from the proposed action, and the project Kill not involve any of the following; ~~ a. Hew construction projects. b: The renovation or modification of a facility which leads to an increased occupancy of mare than 2~ persons. c. The implementation of programs involving the use of pesticides and other harmful chemicals. d. The implementation of programs involving microwaves ar radiation. e. Research and technology, the anticipated ar intended future application of which could be expected to have a potential effect on the environme~~. Consequently, an environmental impact statement will not be prepared. An environmental impact appraisal, which summarizes the assessment and the reasons why a statement is not required; is on file at the above office and will be available for public scrutiny upon request. ` {Signature of Project Qirector ar other authorized official) KFP FUR1~! ~ PRUJECT SUMMARY PRUJECT TITLE PfZUJECT NUMBER ' BUTTE COUNTY NARCOTICS PROSECUTION PROGRAM NEl•J APP~f.iCHNT ;;2ANT PERIJU Name: LdILL B. P~ATTLY Fram: To; BUTTE COUNTY DISTRICT ATTORNEY 2/1/85 1/31/8~ Adaress: `L5 COUNTY CENTER DRIVE OROVILLE, CA 95965 LINOS RE{~UESTEO~ . ~i4L,058 USLEM Butte County is experiencing a rapid growth in narcotic-related crimes, primarily in marijuana cultivation and laboratory activities. Participation in the C.A.M.P. operation has greatly increased the county's ability to raid and confiscate illegal marijuana (~i27,000,000 worth between 1980-1984) but a cutbac in 32 FTEs in the Sheriff's Department and a tight budget which does not allow new personnel in the District Attorneys office have hampered abilities to success- fully prosecute growers. In 1983, 149 felony drug law arrests were made in Butte County, but increased caseloads of violent crimes have occupied the time of inves i~ gators and prosecutors to the detriment of narcotics convictions. Of the 149, 35 marijuana cultivation charges were filed resulting in 3 convictions, JECTIYES 1 That 80% of filed major narcotic cases during the first grant y4t..r~ involve "vertical" representation; {2) assure that prosecutors and investigators assigned to prosecution unit from onset have experience in narcotics cases; (3} esta~lish system for prioritizing caseloads of unit in order to assure that 90% of assignments can be handled in full accord with program criteria; {4) establish system of information exchange by end of first month of program to assure that exceptions to verticle prosecution are not compromised by change in staff; (5) target cases from onset of program to assure conformance with local and statewide targeted code violations. ~IVITiES A prosecutor and investigator will be assigned to"~prograrr. to Handle only cases which fall within program guidelines. Caseloads wi11 be assigned according to program priorities, utilized experienced staff working in cooperation with county and city law enforcement agencies, and the C.A.M.P. and Growers Awareness Program. Information exchange procedures will be established to assure back up when necessary for program personnel. Training will be provided to assist in developing skills in aerial survel1ance, asset seizure laws, and other aspects of narcotics investigation. YALUAi'IUN (Type of evaluation, by whom, completion Gate iICJP will direct the program 2vaiuation. N Typed Name NSit3LE UFF tc:lHL 4~lILL B. MATTLY Tit~e• DISTRICT ATTORNEY Siynature Uate: 3 JANUARY 1985 UE:JP Form "Ll1 - Revisea It!/ti4 ' ~ ~ ~ 'tCE OF GRiMiNAL JUSTICE PLAN'" :~`G SfIt3GET ~CATEG4RY A~~lD LIRE ITEM DETAIL A.•Personal Services - Sa}arias Bf1DGET CATEGORY AND LINE ITEM DETAIL A. Personal Services-Salaries Deputy District Attorney IV $3427 per month x 12 This position will assume the primary responsibility for the prosecution of all major narcotics cases, under the direction of the Project Director. District Attorney Investigator II $2260 Per month x 12 This position wi11 have primary responsibility for the investigation of ail major narcotics cases with the Deputy District Attorney as well as a role in the seizure of assets and the billing of cultivators for the costs of the confiscation Operation. Legal Stenographer Clerk $1325 per month x 12 This position will be responsible for the preparation of all documentation necessary for the Butte County Narcotics Prosecution Program. {It should be noted that no clerical staff have been added to the District Attorneys office since 197b'). $ 43,124 27,120 15,900 -~ik ~. $84,144 , ~'f {-Lt~6 ur 1~(~11.4111M1. ~1~,~) ~I~L i'LNII~,•_~.ISu BUQG~T CATEGQRY AHD LIf~E ITBM DETAIL 8. P~rsor~al Services - Benefits >~u~y Disfirict Attorney IV (Annul Salary - $41,124} Social Security - 7.05% State Unemployment Insurance - .4% State Comprehensive Insurance -- .41% : * Public Employees Retirement System - 13.583% •~ 7.00% Health insurance - $239.19 x.12 months Distr~i~ct Attorney Investigator Ii (Annual Salary - $27,120} Social Security = 7.05% State Unemployment Insurance - .4% ' State Comprehensive Insurance - 13.94% * Public Employees Retirement System - 18.362% + 5.00% Health Insurance - $239.29 x 12 months Leal Stenographer Cleric (Annual Salary - $15,900} Social Security - 7.05% State Unemployment Insurance - .4% State Comprehensive Insurance - .41% * Public Employes Retirement System - 13.583% -~ 5.00% Health Insurance - $239.19 x 12 months * Butte County's casts far the PEAS includes the employee contribution which is now paid,for by the county. This contribution is shown as being+in addition to the casts of county contribution, I COST $ 2899 165 165 8465 287a $14564 $ 1912 los 3783 6336 2870 $15009 $ 1121 64 64 2955 2870 - $ 7074 ivTn L ~ X36,647 ~~FiCE OF CRIMINAL JUSTICE PLAN ~ "NG BUDGET CATEGORY AND LIHE ITErt DETAIL C. 'ravel TRAINING- SESSIONS Department of Justice Training Center Sacramento, California Narcotics Investigation Course 80 hour course No tuition IO days @ X66.00 x 2 individuals 75 miles @ .25 per mile (one way} x ~ individuals* Drug Asset Forfeiture and Financial Investigation Course 40 hour course Tuition X265 x 2 individuals 5~days @ X66.00 x 2 individuals 75 miles @ .2~ per mile (one way) x L individuals ~ Bath of these training sessions will increase the knowledge of prosecuting attorney and investigator with regards to the latest information on narcotics. An increased emphasis on asset for- feitute is expected as a result of this training. Drug Enforcement Administration Arcata, California Aerial Eradication School ~0 hour course No tuition 5 days @ $66.00 x 2 individuals 225 miles @ .25 (one way} x 2 individuals Due to the majority of marijuana gardens located in the rural mountainous area, this course is necessary to assist the attorney and investigator in meeting the goals of the project. *County rate COST $7 320 3$ 530 660 3$ 660 113 f iOTA~ ~ X3,359. f ~~ "t~~. ur CRIMINAL JUSTICE PLANT' ~'G . ~ ~ d" "Y CE OF CRIMI~tAI. JtlSTICE PLA~IH B!J]GET Cfil'EGORY AND LIP1E ITEM OEl'AIL ~ COST I E. Operating Expenses AI~~CRAFT RENTAL COSTS Bell Jet Ranger 206 Helicopter 20 hours @375.00 per hour X7500 Due to the remoteness and distance of the majority of 'marijuana gardens from the district attorneys office in Oroville, the helicopter will be utilized to transport the Deputy District Attorney and investigator to the actual site of a raid. This would be conducted whenever the . Sheriffs Department felt the need for legal advise which • would improve the successful prosecution of a case, and would aid in the application of asset and forfeiture laws. Video tapes ~ 120 20 tapes @~fi.00 35mm color film and processing 500 Both video tapes and 35mm films will be utilized to documen evidence obtained in the investigation of major narcotics cases. AT1 camera and video equipment will be s~pplied~by Butte County. Vehicle- costs gas/oil/ntai ntena.nce X200 per month x 12 months 2400 Vehicle will be supplied by Butte Count.y~ as in-kind contribution All other operating expenses such as office space, telephones, office supplies, postage, and photocopying will be provided by Butte County at no charge to the grant. TOTAL ~ $10,520 . ~ , . ~ 0 ~ CE OF CRiMIHA~, JUSTICE PLANti ~. PRflJECI' BUDGET BUDGET CAI•EGORY A~dD LIPIE ITEM DETAIL COS i F. Eq ~ i pmen t -~ - . RADIO EQU I PME{~T Motorola Maxar-80 4 frequency base ~ $1750 Base Antenna and line lcit 450 Motorola '30 watt channel radio 2400 - Motorola Handi-Talki mt-500 (w/case & charger) 2788 The radio equipment requested in this budget will allow the narcotics unit to provide the field officers with first- hand and update legal advise anywhere in Butte County. Policies and procedures will be established with Local • judges to obtain search warrants via radio transmission in _ situations where phone or vehicle access would not be available. f 1:,. PaOJ~;. i iG: A~. ~ $142,058 l 7. ~Il:~v v: i%.~~1i I0.! 1 ~. D~ Pr.; ~ 5 i /s. i - LuCAL _. :;::~~.~~~ G. Funds ~ ia) - -_ - (5} $142,058 ~ ~-1 1 OOio .. ~?_ RFP FOkM b STAFF AND 6fJDGET INF~1R."IATIUN NlIM3ER OF STAFF PUSITIUNS FU~t PkUPUSEt? iIPEItAIIUN FOR THE PERIUD 2/1/ti5 to 1/:S1/Eifi ~f TUTAL hU. TUTAL NU. PdUJECT GRANT PAID SPUNSORIhG UTHER TOTAL PERSONNEL STAFF AGENCY STAFF Prasecutiny 1 11.5 --- 12.5 Attorneys Investigators 1 6 --- 7 Support Staff i 10 --- 11 Other Staff --- --- --- --- Total Number of Staff 3 27.5* ----- 30.5 Positions *Does not include Family Support Division personnel who would not be available for this project. PROJECTED PROGRAM 81JOGET FUR THE PERI0i3 Z/i/85 to 1/31/tifi SPONSORING tSl10GET CATEGORY GRAN1i AGENCY OTHER TOTAL E ' Persona! Services f 120,791 7,051,945 --- 1,172,736 ~ Consultant Services --- 68,300 --- 68,300 Travel 3,359 17,903 --- 21,262 Uperatiny Expenses 10,520 122,629 --- 133,149 Equipment 7,388 5,929 -T- 13,317 Jther --- --- ~~_ --- TOTALS 142,058 1,266,706 --- 1,408,764 C~?t~MENTS: {Attach page it needed) RFP FOEtM 7A A. P;t~BLEM STATEMEnT 1. Provide a brief summarization of the fatal problems which demonstrate the .,geed for a project in the area: Include: a. Size and description of county population• (see attached page 7A-1} b. 19132 and 19133 reported crime rate(s) for zhe seven major felonies: 1982: 3,242 1983: 5,574 (increased rate partially reflects redefinitions of limits far lai^ceny} c. Estimated number of annual felony. prosecutions relatiny to controlled substances In 1983, approximately 149 felony drug arrests -~1ere made in Butte County. Existing shortages in funding and manpower have resulted in only three convictions to date. It is due to this low conviction rate that Butte County is applying for additional funding through this proposal, d. Describe current major narcotic prosecution efforts: At the present tine there is na formalized system for dandling narcotics prosecution efforts, apart from the system available to ail felony cases in the District Attorney's office. Panpower shortages and reduced funding since Proposition 13 have curtailed the development of specific procedures involving felonies related to controlled substances. The primary drug related activity of Butte County has been through the C.A.f~€.P. project. This project has increased the number of arrests related to marijuana cultivation, but the District Attorney has lacked the strength to respond to prosecution demands. An increase in the rate of crimes of violence .(many of vahich may be related to trafficking in Butte County) has caused the present staff to increase their efforts in prosecution of these areas, while relegating narcotic vendor violations to a lower level of prioritization. 2. Describe the agency's current pb~licies and activities (e.y., the desiynatian of individual prosecutors assigned full or part-time to major narcotic cases; vertical prosecution efforts, etc.) relatiny to the prosecution of the major sellers and producers of narcotics. The assignment of individual deputy district attorneys and investigators is currently conducted on a geographic basis. This process gives a deputy DA responsibility for the prosecution of crimes in a certain area of the county. This has impaired prosecution efforts since an individual case load may include homicides, child abuse, and robbery, as well as cases involving major narcotics. Vertical prosecution efforts have also been restricted due to a shortage of staff and the need to prioritize crimes of violence ahead of controlled substances despite the magnitude of the latter problem. 7 A-1 a} Size and Description of County Population Butte County is a small, predominantly rural county in Northern California, with a 1982 population of approximately ].52,000. The major municipalities include Chico, Oroville, Paradise and Gridley, with a widely dispersed pop- ulation of over 65,000 persons living in valley towns and small foothill communities. The total acreage of Butte is 1,065,490 acres of which 68,336 acres are in Plumas National Forest and 14,251 acres in Lassen National Forest. In add- ition, the Bureau of Land Management oversees 9,835 acres. The remoteness of the public land in the eastern portion of the county has drawn significant numbers of individuals to this county to cultivate marijuana. The major transportation routes in the county include Highways 99 and 70 with access to Interstate 5 nearby. Twa railroad lines also pass through the county serving business, agriculture, and passengers. Scheduled air service is avail- able in Chico with small airstrips available throughout the county. Agriculture represents the major industry in Butte County with rice, fruit, and nuts the principle crops. Chico is the urban center of the county and the largest community. California State University at Chico is a prominent feature of the toam. ~FN FJkM i6 3. ff the pro,~ect will limit efforts to persons arrested for one or ~~are of the :lualifyiny felonies (see Prayram Guidelines, Section III L' and U}, list the felonies oeiow. 1-he statements above must support the limitations. The design of the Butte County Narcotics Prosecution Program will be to primarily concentrate prosecution efforts on the following felonies. 11348 H~5 {unauthorized cultivation, harvesting, or procession, 1139 H&S {trans ortation, sale and manufacture of non-narcotic controlled substances , 11379.5 H&S {transportation, sale, and manufacture of Phencyclidine;, and 11383 HfxS {possession with intent to manufacture Miethamphetamine, Phencyclidine, or N-ethylamphetamine). The secondary emphasis for prosecution activities will include all other qualifying felonies under sections 11351 H&S, 11353 H&S, 11378 H&S, and 11378.5 H&5. The intent to focus on cultivation and laboratory activities reflects both the nature of narcotic--related felonies in Butte County and the size of the staff assigned to the Narcotics Prosecution Program. lwfforts will be directed towards cultivators of marijuana on both public and private lands. Although efforts to reduce both cultivation and laboratory activities will be ongoing, laboratory-related investigations will be strongest during the winter months when investigation of cultivation activities is at its lowest. In addition, prosecution efforts will be directed at individuals who are characterized by one or more of the following descriptions: a financier of an illegal drug operation or deal; a laboratory-operator; a wholesaler; the head of a criminal organization involved in the sale or distribution of illegal drugs; and any cultivator, distributor, retailer ar key conspirator in a case involving significant amounts of illegal drugs. 4. Provide a brief description of the county's crime trends, specifically relatiny to ma,}or narcotic cases. Butte County is rapidly becoming a center of major drug activity in northern California. The last five years has demonstrated a significant escalation in the cultivation of marijuana, cocaine abuse, clandestine lab activity, and smuggling activities. Crimes,assu.al';~s, pharmacy robberies, and liquor store robberies have been attributed to the increased drug activity in the county. There are several circumstances that have contributed to the increase in illegal drug activity in the county. These include, but are not limited to, the following: approximately half of the county if characterized by canyons and mountainous, almost inaccessible terrain, providing an abundance of acreage far marijuana cultivation; in 1982, the Sheriff's Department lost 32 positions, limiting patrol to the valley floor tivhere most people reside and leaving the mountain areas virtually uncovered; proximity to Sacramento and San Francisco where there are markets for marijuana and sources for other controlled substances; Federal crackdowns of illegal labs in municipal areas are driving operations in rural areas where telltale odors are less likely to be detected; high unemployment . in the area~has created an economically deQressed area with a per capita income only 75% of the state average; until lately activities have bei'~n fragmented among local law enforcement agencies; manpower is now concentrated on major crimes of violence, especially homicide, making a directed effort against narcotic crimes difficult. The county's participation in the C.A.Pt.P. operation has been the major campaign against illegal drug activity. In addition, the county has initiated Operation G.A.P. {Growers Awareness Program) to reduce cultivation on private lands. These programs have resulted in confiscation of approximately $127,000,000 i~n illegal marijuana since 1980, with a peak of 16,500 plants seized in 72 gardens in 1984. PFP Ei}RM t3A PROJECT Ct1MPUN€NTS Describe Project Activities ttelatiny to Eacb Canaonent LIMIT UISCUSSii31~ TiJ THE SPACES PROVIDED Component: Vertical prosecutorial representation (i.e., the use of one prosecutor per case from finny tnrouyn sentencing}. Summary of Current Case Management AaI_icies: The current case management policies of the Butte County District Attorney's office have included efforts to maintain vertical prosecutorial representation when possible. However, because ail deputy district attorneys carry a mixed caseload, cases involving crimes of violence that may or may not be related to narcotics have had to take precedence over narcotics violations. Under these circumstances, another deputy district attorney assumes responsibility for any ongoing narcotics case. This transfer can occur at any point during the prosecution. Antici ated Case and Staff Mana event Policies for the Pro osed MNVP Unit: The design of the case management policies of the Butte County Narcotics Prosecution Program will facilitate the vertical prosecution efforts necessary for the successful prosecution of narcotics cases. The proposed new narcotics unit will provide the concentrated manpower necessary to provide the consistency and expertise with these cases. The project director will review all cases involving narcotics and assign those meeting the criteria of this projec~.to the caseload of the assigned deputy district attorney. The unit will select defendents subject to prosecution under the proposed program to assure conformance with statewide targeted code violations and defendant criteria. A system of information exchange among prosecution units will be established and implemented by the.~nd of. the first month of the. program year. This will assure that exceptions to vertical prosecution are not compromised by unanticipated changes in primary prosecution staff. Antici~aated Accomplishments: This assignment of one deputy district attorney and investigator to major narcotics cases will significantly increase the vertical prosecution efforts of this department. By the end of this first program year, at least 80% of all felonies covered by this program will be assigned to either the investigation and/or prosecution arm of the MNVP unit. The enhanced prosecution that is possible with the proposed program will allow a more thorough and complete investigation of major narcotics cases, thereby increasing the prosecution rate of felonies filed with the Butte County District Attorney's office. It is anticipated that at least 75% of filed major narcotics cases during the first year will involve vertical representation from paint of onset. KFP F~KM 88 B. Ppu..lECT COMPONENTS - {continued) Component: The assiynment of niyhly qualified investiyators and prosecutors to major drug case prosecutions. , Summar of CurrenC Office Policies on the Assi nment of Investi ators and Prosecutors• The current assignment of investigators and prosecutors in the Butte County District Atorney's office is done primarily on a geographies basis and results in a mixed caseload of a variety of felonies. This has created a situation where all prosecutors have had to deal with narcotics cases at some time, but none have had the opportunity to concentrate and specialize solely in the prosecution of major narcotics offenses. From 1974 until cutbacks in staff resulting from the fiscal impact of Proposition 13, the Butte County Sheriff's Department had a four-person narcotics task force to deal •with what was then seen as a rapid growth in drug related crime in the county and surrounding region. Ail narcotic activity is now handled by a single deputy sheriff working primarily in connection with the C.A.M.P, operation. However, much of the expertise gained during the years that the task force was in operation is still available to county law enforcement agencies. Anticipated. Assignment, Policies. for Cne Prapose_d_MNVP Unit: The project director will assure that both the investigator and prosecuting attorney selected for this project will bath have extensive experience and interest in the field of major narcotics offenses. In addition to the emphasis~on experience, both the prosecuting attorney and investigator will participate in training sessions offered by the Office of Criminal Justice in order to increase their awareness and knowledge of the treatment of major narcotics violations. The staff wi1T also attend other training sessions as available, such as the Drug Enforcement Administratior~ Aerial Eradication School in Arcata. A designated prosecutor with narcotics experience will be assigned to provide back-up to the Narcotics Prosecution Program to handle problems of excess caseload and unforeseen contingencies. Anticipated Accomplishments {e.y., reduction in case dismissals, increased number of cases referred by law enforcement, etc.) By having a major narcotics unit of experience personnel several anticipated objectives may be realized. The concentrated efforts of an experienced narcotics unit will result in a significant reduction in the number of case dismissals because of increased manpower and expertise. It is also expected that law enforcement will file an increased number of criminal complaints, primarily among marijuana cultivators. Butte County law enforcement's policies far marijuana eradication have previously been to "hit and rip," with low emphasis on the arrest of cultivators because of shortages in manpower to fully investigate and prosecute these cases. RFP Fi1RH ciC ~. PROJECT CJr~1POl~ENTS - (Continued) Component: A significant reduction in caseloads far the arasecutors and investigators assigned to mayor drug case prosecutions. .-~. SummarX of Current Office Caseload Distribution Policies: As previously stated, the caseload distribution policy of the Butte County District Attorney "s :office has been to assign caseloads on a geographic basis. This has given each prosecuting attorney a variety of cases to handle. In addition, each deputy district attorney has back-up responsibility for at least one other geographic area so that geographic representation is not always consistent. This back--up policy has established communication channels and policies in the office, however, so that efforts to develop information exchange procedures should be minimal. Anticipated Caseload Policies far the Pra osed f~INYP Unit: The caseload distribution policies which will be estab fished for the Butte County Narcotics Prosecution Program will involve assignment of all narcotics cases targeted in the project to the assigned prosecuting attorney and investigator. The felonies which will receive primary emphasis involve the operation of laboratories and the cultivation of marijuana. (Sections 11358 and 11383 of the H&S Code). The reduced caseload and specific focus of the prosecuting attorneys' caseload will allow the following policies to be pursued: 1) because of thorough preliminary investigation, the prosecution will be able to argue against pretrial release of ail defendants charged with one or more of the targeted felonies. 2) the prosecution will seek the maximum sentences upon conviction of one or more of the targeted offenses 3) the enchanced prosecution and investigation capacity will facilitate the reduction . of time between arrest and disposition of charges. The assessment and prioritization of a71 major narcotics cases will be the res- ponsibility of the project director. The selection of defendants to be prosecuted by the proposed major narcotics unit will consider the character and prior criminal background of the defendant as weTT as the number of seriousness of the offenses, Special circumstances may allow alternative policies to be administered by the project director. Aback up prosecutor will be assigned to handle lower priority narcotics cases should the volume of work exceed the capabilities of the unit. - Anticipated Accomplishments: It is expected that the implementation of the caseload policies for the major narcotics unit will result in a significant increase in the number of defendants brought to trial and of convictions for the targeted. felonies. An established and consistent policy of prosecution efforts will encourage law enforcement officials to seek at least 30 criminal complaints over the course of the first year, with confidence that their efforts will be met with active support for the District Attorney. The reduced and focused individual caseload in the proposed unit will also allow theinvestigata,r to increase the District Attorney's role in the seizure of assets and the billing of cultivators for the casts of confiscating marijuana gardens. Rf N Fi1;~M y C. UKGANIZATI~N CHaKT 1 NST~tiIUCT I i1NS: 1. provide an agency arganizatian chart showiny the placement of the proposed MF1YP Unit. 2, Use additional pages to describe the administrative responsibilities of project staff. - I Butte County I Board of Supervisors County Administrative Officer Butte County _ _ Butte County District Attorney Sheriff (MNVP Project Officer) Family Support Unit Proposed Narcotics Prosecution Unit Prosecuting Attorney --w--~ Investigator Legal Stenographer Clerk Butte County Narcotics -' "' Task Force Criminal Unit Back-gip Attorney RFP 9-2 ADMINISTRATIVE DUTIES OF PROJECT PERSONNEL The project director will be responsible for assigning cases to the proposed unit. In turn, the prosecuting attorney assigned to the narcotics prosecution unit will prepare biweekly reports for the project director. These reports will detail all unit activities during the report period. A quarterly activity summary will be prepared by the project director and forwarded to the Office of Criminal Justice Planning. ~tFP FORK{ iU . D. WURKIi~G RELAI'iJNSNfPS ~N5TRUCTI~1t~S: For each of the listed agencies ar organizations explain the . role it plays in the project's operation. Law £nforces~ent: Al] law enforcement agencies within Butte County have recognized the severity ofi the increasing dreg activity in the county. Coordinating efforts are currently in the formative stages to create the Butte County Narcotics Task Force to address the local problems on a countywide basis. Participating agencies include: Suite County Sherififs Department, Chico Police Department, Paradise Police Department, Oroviile Police Department, Gridley Police Department, and the Butte County Distract Attorney's Office. ALONG WISH A CA. BUREAU OF ]1TARCOTI'C ENi ORCEI~?ENT SPECIAL AGEi~~T III-FTEI,:D SUPERVISOR FULL'I'TME. The Butte County Narcotics Task Force will supplement the efforts of the proposed Butte County Narcotics Prosecution Program by coordinating investigations and disseminating information on drug traffickers and the crimes they generate. Other s ; The Butte County Sheriff's Department is also participating in the Butte County Student Drug Abuse Suppresion Program in Oroville. This project is funded by the Office of Criminal Justice Planning. Inforrnation obtained in narcotics trafficking in the student program will be made available directly to the proposed narcotics prosecution program. ~~' .~n ~ .. ..~ ~ ~ a ... i~ - 'Sr ~~~i ~?'~~ - s ~11 t'mt c1~33:3 KFP FJkM Ii E. STAFF TkAiNiNU INSTRDCTIJNS: List the name/position ar the person to receive traininy and the type of training to be received. Explain why the proposed training is necessary. The staff training requested in this proposal consists of three special narcotics training sessions. Both the assigned prosecuting attorney and the investigator vri11 attend all three sessions. Two sessions are given by the Department of Criminal Justice in Sacramento that will increase the experise of the prosecuting attorney and investigator in dealing with major narcotics cases: ~ Narcotics Investigation Course {8D hours} ~ Drug Asset Forfeiture and Financial Investigation Course {40 hours) The Drug Asset Forfeiture and Financial Investigation course will be particularly valuable, as the proposed Narcotics Prosecution Unit will place increased emphasis on this aspect of narcotics investigation . In addition to the above two courses, the Qrug Enforcement Administration is sponsoring a forty hour Aerial Eradication school in Arcata, California. This training session is necessary due to the fact that the majority of marijuana cultivation operations have involved aerial surveilance as a significant part of the investigation efforts. \ ~. KFP FORM ~2 i Recruitment and selection of personnel. Deve]opment of procedures and management~~information system investigation of major narcotics vio]ations Investigation of marijuana cultivation operations Investigation of i]]egal ]atloratory ogerztiors Prosecution of major narcotics violations Quarterly project reports l;va]uation & review F'. 1~URK SCHEDULE (Use Additional Faye ~f Appropriate) F~5 tfONTH J86 1 2 3 4 5 6 7 8 9 10 1] i7 x X X x x x x x x x x x x X X X X X X X X X X X X X X X X ?( 7{ X X X X X X X X X x x x x x RFP FORM 13 0. PLAN FOR ASSUMPTION OF COSTS Every effort will be made by the pro,~ect director to insure the continued funding of the Butte County Narcotics Prosecution Program past the initial twelve months of the program. The project director will work closely with the Butte County Administrative Office and County Auditor to advocate for the utilization of county funds for the continued funding of the program. Funds will also be sought from outside the county government in the form of grants from appropriate funding sources, both public and private. It is anticipated that all program goals will be met, and that the success of the program's initial twelve months of operation will secure its priority with Butte County officials. }tFP FDR~t i4 H. EVALt3A1'ICN CO~~Pi.IANCE ASSURANCE ANll CASE P•1ANAUl:~1ENT RECURDS lease have the Pra~ect Director sign below, indicating that the project will 3rticipate in the MI~VP Program evaluation by complying with the requirements listed glow: I. t~uarterly reporting of project activity. 2. Maintenance of individual suspect records to include as a minimum the following data: - case activity dates from arraignment to disposition - complete suspect identification and description - acceptance criteria - attorney handling each phase of case - charyes~filed - changes reduced or dropped - enhancements - conviction by change and sentence length 3. Fndicate who wi11 be responsible for maintaining the above-listed suspect records. Project Director. ~. Uther data as required to meet MNVP Program requirements far legislative reporting. Project Director. b. Comments: A17 of the above records are currently contained in individual files except for acceptance criteria under proposed program. Acceptance criteria will be added to files as well as maintained in a new master file which will track program activities horizo ntally. This vrill allow immediate access to the ongoing status of all cases by felony and by prosecution criteria. The master file will provide a basis for statistical summaries and overall case management. Project Director RESOLUTION AUTHORIZING SUBMISSION OF REQUEST FOR PROPOSAL TO OCJP WHEREAS, the District Attorney desires to undertake a certain project designated Major Narcotic Vendors Prosecution Program (MNVP) to be funded in part from funds available through State General Funds as authorized by Chapter 1424 of the 1984 Statutes for the California Major Narcotic Vendors Prosecution Law administered by the Office of Criminal ,justice Planning (hereafter referred to as OCJP), NOW, THEREFORE, BE IT RESOLVED that Will B. Mattly, Butte County District Attorney, is authorized, on its behalf to apply by submitting a Request For Proposal to OCJP. PARSED AND ADOPTED by the Butte County Board of Supervisors this 18th day of becember 1984 by the following vote: AYES: Supervisors Dolan, Moseley and Chairman Saraceni NOES: None NOT VOTING: None ABSENT: Supervisors Fulton and Wheeler ~~ ~~ AL SARACENI, Chairman Butte County Board of Supervisors ATTEST: MARTIN J. NTCHOT,S, _.._ _..__-_. _..-.~ ~...~,_r___..w,__--_~ ~...-. .. Chief Administrative Officer and. Clerk of the B and i ~ p ,q , BY ~ ~, I~ ~Ut/ .~ THE FOREGOI~+IG INSTRUMENT IS A CORRECT COFY OF THE ORIGINAL Oid FILE A\{] CF FLCOSD Ird 1! i:5 GF'r~CE. ATTEST: ~_.' :L. .__~Z~??'Sl`y....-------- i:'::,i...' Stale o. Criiiwnic,. By Q ~ i.+-~. ~c~r _-- DEPUTY ~i 1 ~, .. . HALT BROOKS SHERIFF -CORONER 33 Goundy Center Drive - Qrnville, Gali forma 95965 Telephone: 9I6/53¢-~43~ PLEASE REFER TO FILE S~FO. December 2l, 198+ Directorlbert Howenstein Office of Criminal Justice Planning Crime Suppression Division 9719 Lincoln Village Drive Sacramento, CA 95827 RE: Major Narcotic Vendors Frosecution Program Dear Mr. 'Howenstein: As Sheriff of Butte County, I fully support the District Attorney Will B. Mattly's application for funding under your major narcotic vendors prosecution program for the following reasons: I fully agree with the requirement for a dedicated assign- ment of prosecutor's specializing in the vertical prosecution of narcotics cases. I support the investigator assistance to the prosecutor in the prosecution of thESE cases and to assist in the follow up investigation necessary to enhance forfeiture seizure litigation. Presently, the District Attorney does not have adequate resources to prosecute current narcotic cases as effectively as possible and do asset seizures. This department has one of the most effective marijuana eradication programs in the State of California. We will be placing more emphasis on detection, arrest, and asset seizure in the future. This will create additional impacts on the District Attorney's 4ffice._ As you know, we also have a Drug and Alcohol Abuse Program through your office. This is a cooperative effort between this office and a local high school district. We anticipate significant impacts on the District Attorney as a result of project efforts in the very near:future. In addition, all local enforcement agencies are in the process of forming a narcotics task force in conjunction with the STate Bureau of Narcotic Enforcement to address our serious problem in heavy narcotics trafficking and .drug lab activity in this County. Obviously, the law enforcement efforts cannot be successful unless adequate and specialized prosecution is available, I would appreciate your consideration of Mr. Mattly's request. Ver/y~t/ruly your's', HAL T. BROOKS SHERIFF-CORONER HTB:hw County of Butte 7 l F Class Code Date Est. `.Date Rev. 733 ll/26%7?~ l0/~7/83 3 ~1~YUTY DISTRICT ATTOR~TF TV Approximate Monthly . Equivalent Definition $2821 - $327 Under general supervision, to perform difficult and complex legal work in the prosecution of criminal cases; and to do related work as required. Distinguishing Characteristics Deputy District Attorney IV class is distinguished by the assignment of the mast diffic~~lt civil and criminal cases which involve the most complex legal research and interpretation and which would be generally encountered in connection with murder, conspiracy, embezzlement, or other highly difficult and sensitive cases. Incumbents may also have supervisory responsibilities over support units or a branch office. Examples of Duties Receives complaints filed by arresting officers or complainants; reviews and examines evidence; interrogates witnesses; determines whether or not a crime has been committed, the nature of the crime, and whether or nat the evidence justifies prosecution; may assist Investigators to secure evidence or in conducting investigations; appears in courts and tries cases; prepares briefs and legal opinions; conducts legal research; dictates correspondence and reports; prepares pleadings and other papers in connection with trials, hearings, and similar legal proceedings; makes tentative decisions concerning advisability to prosecute, compromise, or dismiss criminal litigation and discusses these problems with superiors. Employment Standards Experience: One year of experience in the County of Butte performing the duties of a Deputy District Attorney III or equivalent class. _ OR Three years of experience in the practice of law. Knowledge of: Legal principles and practices, including civil, criminal, constitutional, and administrative laws and procedures; trial procedures; research methods; rules of evidence; the Penal Code and Civil and Government Codes of the State of California, particularly as they relate to the problems of county government and law enforcement; principles and practices of training and supervision. `ti. _ ,:. ~,~. County of Butte Page 2 Deputy District Attorney TV Ability to: Perform legal research; analyze and apply legal principles, facts, evidence and precedents to complex legal problems; present law, facts, evidence and arguments clearly and logically in~written and oral form; supervise, train and give assistance to other attorneys; deal effectively and tactfully with the public; supervise, train and give assistance to subordinate personnel; work cooperatively with those contacted in the course of work. Special Requirements: Active membership in the State Bar of California; possession of an appropriate California operator's license issued„by the State Department of Motor Vehicles. ' County of Butte ~~~ Class Code 5313 Date Est . 5_ g-- ~, Date Rev. 1/2~./7~ DISTRICT ATTORNEY'S INVESTIGATOR II Approximate Monthly Equivalent Definition $2857 - $2260 f. Under general supervision, to conduct investigations of criminal offenses referred to the District Attorney's office; and to do related work as required. Distin uishin Characteristics: incumbents in this class perform highly skilled investi- gative duties under limited supervision with wide latitude for independent judgment and action. Examples of Duties Interview complainants, suspects, relatives,, and others involved in assigned investigative cases; obtains statements, documents, and related factual evidence; examines court, police, public and governmental records needed for investigation; re- views information obtained to determine whether to recommend voluntary agreement, to recommend or advise against issuance of complaints; makes field investigations; appears in court; gathers, analyzes, and preserves evidence concerning crime; keeps records and prepares reports relating to investigative work; performs investigations for the Grand Jury; arrests law violators as a peace officer; serves subpoenas; may conduct polygraph examina- tions. Employment Standards Experience: Two years of experience in the County of Butte performing the duties of a District Attorney's investigator Z or equivalent class. OR Three years of paid criminal or civil investigative experi- ence including at least two years of criminal investigative experience. Knowledge af: Investigative techniques, procedures, and sources of information; principles of identification, pre- servation, and presentation of evidence; legal rights of citizens; legal procedures and rules of evidence; inter- viewing techniques, including effective methods of obtain- ing information from reluctant witnesses. Ability to: Obtian information and evidence by observation, record examination and interviews; analyze and evaluate the statements of witnesses or suspected violators; secure .. - r, -~ € County of Butte Page 2~ District Attorney's Investigator II and present evidence in oral or written forms; analyze si~ua-- tions accurately, think and act quick3.y in emergencies..and to adopt an effective course of action; prepare correspon- dence and reports; work cooperatively with those contacted in the course of work; meet standards of physical stature, endurance and agility. Special Requirements: Possession of an appropriate Cali- fornia operator's license issued by. the State Department of Motor Vehicles and successful completion of the Peace 01'~'icei~s Sl,aiiclarc~s and 'i'ra:ir~liig Coi~un:ission's F.C. 832 course. County of Butte LEGAL STENOGRAPHER CLERK Class Cade 2565 ~ Date Est. 7/10/76 Date Rev. 3/l~/84 Approximate Monthly Equivalent Definition $1092 - $1325 Under general supervision, to perform specialized and responsible stenographic and clerical work involving a wide knowledge of legal terminology and procedures; and to do related work as required. Examples of Duties Takes and transcribes dictation involving considerable legal terminology; takes and transcribes minutes of meetings; prepares proper format, .types and keeps account of various legal documents, such as briefs, petitions, complaints, legal opinions, ordinances, resolutions, contracts, warrants, subpoenas, jury instructions, extradition papers, and commitments; refers to manuals and various government codes; files and posts legal notices; checks and reviews a variety of information for completeness and conformance with established regulations and procedures; maintains complex legal filing system; greets callers, answers telephone, gives information, and answers inquiries about departmental standards and procedures; compiles statistical data; operates various office equipment; composes processes, and types letters and legal documents, paying close attention to frequent deadlines; takes and transcribes interviews and statements; performs other clerical and stenographic work identified with legal matters and proceedings; may assist attorneys in the less technical preparations of all legal papers. Employment Standards Experience: One year of experience in the County of Butte performing the duties of a Stenographer Clerk. OR Two years of responsible legal clerical experience involving shorthand dictation. Knowledge of: Operations, procedures, specific rules, and precedence of the assigned office; modern office methods and procedures; legal terminology, phraseology, and documents, and procedures for their preparation; business English, including vocabulary, correct grammatical usage, and punctuation; common office machines and their operation. County. of Butte Page 2 Legal Stenographer Cle: Ability to: Take dictation involving a large number of technical legal terms at a speed of 9C words a minute and transcribe it accurately; type at a speed of ~5 words a ' minute from clear copy; write letters and legal documents independently from general instructions; meet frequent deadlines; work cooperatively with thane contacted in the course of work; perform receptionist work; make simple arithmetical calculations; interpret and apply policies, laws, rules and regulations; understand and carry out oral and written instructions. F r CHICO NEWS & REVIEtrf - Sur3mer, 194 '~~'x;- . ~~. .. .. .. - ~ . t: ri(nf~ . z 1 '?i~~i}yy1~1', n i _. - ~ ~ J:' ~:~.: ~ .~