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HomeMy WebLinkAbout86-168.+~ 0,; Cq~ r ~ `k ~~~t RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS S BMITTING APPLICATION FOR A GRANT UNDER THE CHILD ABUSE VERTICAL PROSECUTION PROGRAM WHEREAS, the District Attorney of Butte County desires to undertake a certain project designated Child Abuse Vertical Prosecution (CAVP) Program to be funded in part from funds made available through state general funds as authorized in Chapter 1097, administered by the Office of Criminal Justice Planning, hereinafter referred to as OCJP. NOW, THEREFORE, BE IT RESOLVED that the Chief Administrative Officer of the County of Butte is authorized, on its behalf, to submit application for grant funds for law enforcement purposes to OCJP and is authorized to execute on behalf of the County of Butte the attached grant award for law enforcement purposes, including any extensions and attachments thereunder; and BE IT FURTHER RESOLVED that grant funds hereunder shall not be used to supplant expenditures controlled by this body; and BE IT FURTHER RESOLVED that it is agreed that any liability arising out of the performance of this grant award contract. should it be awarded, including civil court actions for damages, shall be the responsibility of the grantee and the authorizing agency. The State of California and OCJP disclaim responsibility for any such liability. PASSED AND ADOPTED this 16th day of December, 1986, by the following vote: AYES: Supervisors Dolan, Fulton, Mcl:nturf, Wheeler and Chairman McLaughlin NOES: None ASSENT: None NOT VOTING: None C ~~ Yv 1 `• ~~-'- ED McLAUGHLIN, hairman Butte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board of Supervisors By; Deputy Administrative Office December 17, 1986 To: Bob Peterson, Chief investigator, District Attorney`s Office From: Mike Pyeatt, Deputy Administrative Officer Subject: Child Abuser Vertical Prosecution Program Please be advised that the Board of Supervisors adopted Resolution Na. 86-168, a resolution approving submittal of the Child Abuser Vertical Prosecution Program grant application in the amount of $92,857. Five certified copies of the resolution are being sent to you under separate cover by the Clerk of the Board of Supervisors. Additionally, when the grant application is prepared for submittal to the state office of Criminal Justice Planning, please provide a copy to the Clerk of the Board of Supervisors so that such can be maintained as an official recprd of the county. i, ~ ~. Deputy A inistrative Officer MP/vs cc; Jim Johansen, Auditor-Gontraller Bob Crisan, Welfare Director ~Rubye Townsley, Deputy Clerk to the Board - STATE OF CALIFORNIA GEORGE DEUKMEJ OF1=1C>= OF CRIMINAL JUSTICIw PLANNING 1130 K STREET, SUITE Sop SACRAMENTp, CALIFORNIA 95814 February 25, 1987 Wi11 B. Mattly Butte County District Attorney 25 County Center Drive Oroville, CA 95965 Dear Mr. Mattly: $e-!te Co. DislriC- ~4Mo,~Qy FEB 2 71987 ~irr Re: OCJP No. SP 86 O1 Oa4o-o0, Child Ahuser Vertical Prosecution Project (Please use the above number on all correspondence with OCJP} This packet contains the following: J, Governor ~~ ~.. Three co ies of the a raved Grant Award, to be distributed as follows: a. Project Director b. Financial Officer c. Head of Governmental CJnit or Chairman of the Board One U copy of the_ Subgrantee,Handbook, the dacunaent referenced in Attachment B as the Standard Grant Award Condition. This handbook is issued with the first grant year only, and should be available to the Project Director and the Financial Officer. Ten 10 201 forms Monthly Re ort of Expenditures an } ..'....__ ~ p _ ._...._ d Request for_Funds. The report must be submitted by the 15th day of each month of the grant period and liquidation period, whether or not any funds are being requested. These forms should be submitted to the OCJP Accounting Division. Consult Subgrantee Handbook 3462.100, .200, and .300. Two 2 22 form - Grant Award Modification. Use this form for budget revisions. Supply the required information using only the "Grant Funds" column. Retain the final goldenrod copy and mail the remaining copies to (Subgrantee Handbook 3482.100, .200, and .300}. As a condition of your grant award you. will be required to submit quarterly reports and evaluation data (when applicable}, The forms to be used for these. purposes will be forwarded to you by the OCJP program specialist assigned to your grant. Sf your budget includes items of equipment, you will find enclosed tags to be affixed to each piece of equipment as it is received. Equipment is defined as nonexpendable personal property having a useful life of more than three years and/or an acquisition cost of $300 or more. The equipment purchase and tag number is to be reported in the quarterly report due following receipt of the equipment. ~~` ~~~~~ -~ ~~~ ~`a~~f~ 1~- --. Will B. Mattly February 25. 1987 Page 2 If your organization is a private nonprofit organization, you are required to obtain and send to OCJP a notorized copy of a fidelity bond applicable to all grant employees within 90 days of the grant period's starting date. The bond. must be far 50% of the total grant award. For further information refer to the OCJP Subgrantee Handbook Section 3214. Mail .the bond to: Control Center Office of Criminal .justice Planning 1130 K Street, LL30 Sacramento, CA 95814 Tf you should need additional forms or information, please call the Control Center at (916) 324-7449. Sincerely, ~. WILLIAM B. DOUG ERT Chief Fiscal Services Division WD:cg Attachments i~rrr w,r~.a~ ..,. The Office of Crirrrinal Ju5*_ice Planning, hereinafter daSignated "~JC-i~", t~reby maKe: a grant award o~ func5 Lo 1) ,-,County of Bette--- _ _ ,- hereinafter de5iynated "Su~yrar}txe", the arrntmt ana for the purpose and duration se, forVs in this grant award, under the provisions of fNote: ff subarantPe Hare exc~cfs 3D Characters irdicate below the. abbreviated nacre for warrants. t 1 } Q~~ i le Justice and Del inquerKy Prevention Act of 3974 (PL 93-145} 3~~,~"Child Abuser Vertical Prosecution Program" ". Project Title °Child Abuser Vertical Prosecution Project" 5. Project t)irector (Name, Address, Telephanel Will B. Mattly Butte County District Attorney 2S County center Drive Oravzlle, CA, 959b5 6. Financial Ut titer ~<t;arne, A~;ress, Telephone) Jim Johansen Butte County Auditor -- Controller 25 County Center Drive Oroville, CA. 95965 7, ~v+ard ~a. ~~~~~o/~o-~D ~u $. Grant Period~~ ~ ~~ ~ ~~~~ 9. federal A,r~unt -0- 10. State Arrr~mt $92,857 11, APy,licant Hard Match 12. Total Project Cost $92,857 -0T Tnis yra~i. Zvrord consists 4f tnis title y~agP, the applicatiar for the grant which is attached t>eretfl as AttaCh-rE ~ ark r*~?7e a ;.art h8reot, and the 5tardard Grant award Conditions which are attached her~ta as Attachr~t $ and r•~~? a F c ~ of hereof . T:~a Suhy~an*ee hereUy signifies its acceptance of this grant award ar-~ agrees to ad:sinister the grant proje~ it arcnf~an;.e with the terms and conditions Set forth in or inCOrporateC oy reference in this grant award and the applicable Fr~~visionS of the Crirn? Control Act, or other authority, i~~,ntified above. T,~e St~;,~r3~t~ certifies that state and/Dr feaeral funds received will not De used t0 replace local; funds that wDulh, ir. Ln@ dL5?nCe Of Such State and/Or federal did, be Wade availaM a for thB activity fJeing SLlppDrect under trli5 dyrEef'~t. 8vite ~o. District Aftarrrey ~~ l~ u~Flc~ >k c?Ir~irral_ ~~~sTic~ PIAtwING FHB 2 7 X987 ate ~'~ 57aTL CF CA1.IFC~RNIA prov,Il~.G'n1;~n;,,i~ Offici uthorized to Sign far Subyrantee 1-aine: Martin J. Nichols Title: Chief Administrative Officer ..~ Telepione: (91b) 534-4224 Address: 2S County Center Drive ~~r{titivi' Director, (>~JF~ PPI`.®` pe ! herPisy certify uNm rty awry personal krq~rledge that brho2te+1 funds are availahte far the period a-~a ;~~rpose of this exF,errdlture state dbnve. ~~ ~ ~ ~~f' Fiscal Uff' r C 1 herabg certify Fhat all conditions for ex- emption have 6aen complied with, and this coniracf is exempt from Department of General Services approval. t)GJP fDrrt SIfZ lZevised IU/ vFR ~~-._ Sfiata of Cctlifadra~e QFfite of Criminal lustre Planning 1134 '`K'' Strogt ~iuite 3Q0 3dCPpm©nta, Gaiifornia 95$i~ ~ /~+ OCJP i1EFICE 16E ill'LY item ~'/lJD -/d/ ~d/~ C~2~: ~~~/~G Year ~~ Fur-d: ~~ itegi flr't: ... ~ -. _.. ,..: "c: ~~r~. n;^.,. ~"ttfic~GT?,`. ?'.,,: -.~.-',.S ... . .., ,.,,['~':~ti'4R?~}Y[i.`~a~:„~.xy",'::5~:*u.'t'_n'i~.`k'~~.SL_5~4 7._. _... ... ., _..:'a OFFICE OF CRI1vITNA~,~ JUSTICE PLANNING STANDARD VftANT Ati~ARD CONDITIONS 5ubgrantee agrees that the funds awarded pursuant to this award will be used in accordance with~all the terms and conditions set forth or incorporated by reference.in this grant acaard and OCJP's Subgrantee Harfdhcak, as an~cridecf . e1'I".L'I1CE31~~1>JN'I' B 4 ~~FICE 0~ GRIMII~AL J~iSTICE PLAN"iNG iux.~i a BUDGET CATEGORY AND LINE ITEM DETAIL. C05T A. Persoanei Services - Sal,axies Project Coordinator . One Deputy District Attorney III $2,626 per month @ 100 time x ~.2 months $31,512 This experienced attorney will assume the primary responsibility for the prosecution of all Child Abuse cases, ~mder the direction of the Project Director arid. supervise the Project Investigator. Project Investigator One District Attorney Investigator II $2,317 per month @ 10Q% time x 12 months This experienced investigator will have primary responsibility for the investigation and coordination of all Child Abuse cases under the supervision of the Project Attorney. Overtime Investigator Only TQTAL $27,804 $ 2,000 $bl, 31fi a~a~~cr BuoGEr BUDGET CATEIiORY AND LINE ITEM DETAIL CO5T 8. Personnel Ser~rices - Benefits One De District Attorne ITI - A Salary - 2,626 per month Social Security $188 per month x 12 months {7.I57} $ 2,256 State Unemployment Insurance $11 per month x I2 months {.4%) 132 State Comprehensive Tn~irance $15 per. month x I2 months(.567) ISO Health Insurance $239 per month x 12 months 2,868 *Public Employees Retirement System $487 per month x 12 months (11.5427 } 7.00%} 5 844 11,280 One District Attarne Tnvesti ator II - E Salary - 2,317 per month Social. Security $166 per month x 12 months (7.157) $ 1,992 State Unemployment Insurance $9 per month x I2 months {.47) 108 State Comprehensive Insurance $438 per month x 12 months {1g.9~) 5,256 I3ealth Insurance $221 per month x 12 months 2,652 *Public Ilrployees Retirement System $b02 per month x I2 months (18.9787 + 7.007} 7 224 17,232 *Butte County's Casts for P.E.R.S. includes the employee's (7.007} contribution which is paid for by the County. This contribution is shown as being ira addition to the costs of County contribution. 70TAL $28,512 FORM S 'FILE OF CRIMIf~L JUSTICE PLAN" '-G 17RQJECT 13tlDGL:T BUDGET CATEC,ORY AND LINE ITEM DETAIL. COST C. Tra~e1 3W~0 MANDATORY 0 . C . J . P . TRA.IlVING/ME~~ SESSIONS DUR.Il~IG GRANT PIItTOD Northern California Project Attorney and Investigator Registration/Tuition Fee $70 x 2 $ 140 Two days per diem @ $95 per day = $190 x 2 380 San Francisco area 300 miles @ 30 cents per mile 9D Southern California Project Attorney and Investigator Registration/Tuition Fee $7D x 2 140 Two days per diem @ $95 per day = $190 x 2 380 Air Fazes: Sacramento-Southern California-Sacramento $220x2 440 Training and Program Review for Project Persormel C.D.A.A, - Sma11 Counties Sexual Assault Prosecution Sem;n~' Two days July-August, 1987 Northern site to be announced Registration/Tuition Fee $35 x 2 70 Two days per diem @ $95 per day = $190 x 2 380 Northern California area - 300 miles @ 30 cents per m~.le 90 Purpose: To provide small County Deputy District Attorney's and Investigator a working familiarity with the prosecution of both child and adult sexual assault offenses and to provide an opportunity for small County Deputies to form resource networks in the successful litigation of these cases. State Travel Policy Utilized. TOTAL $ 2,110 vrFIGE OF CRIMINAL JUSTICE FLtlivi~j,iG PROJECT BUO&ET FORM 5 '~;CE OF CRIMINAL JUSTICE p~AN"'VG PRQJECT 6UDGET BUDGET CATEGORY AND LINE ITEM DfTA;L COST ~. 4pe~ratfr~g Expenses Grant Audit iX ~ ,~ All other. operating expezzses will be provided out o~ the District Attorney's County budget. $919 TOTAL $919 OFFiGE OF CRIMINAL JUSTICE PLANN,If~c~ PROJECT BUDGET ~`flRM 5 BUDGET CATEGORY AND LINE ITEM aETAIL COS3 F • Eq ui Amen t None ~ CATEGORY 303AL ~ G. PROUECT T03AL $92,857 FORM 6 PROBLII~i STA'~'r Butte County is a small, predominantly rural county in Northern California, with a population of approximately I65,200. The major mtmi.cipalities include Chico, Oroville, Paradise and Gridley, with a widely dispersed population of over 65,000 persons living in va]1ey towns and small foothill comm~~~ties. 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 camIDtmity. California State University at Chico is a prominent feature of the town. Butte County has four Superior Court Departments located in Oroville, one Mia~icipal Court in Chico, and one Justice Court in each of Oroville, Paradise and Gridley. All felonies are prosecuted in the prel~aiy hearing at Oroville Justice Court. The District Attorney's office is located in Oroville and Chico. The Chico office has two Deputies with responsibility for all Chico Municipal and Paradise Justice Court appearances on misdemeanors. The Oroville office has the District Attorney, Chief Deputy District Attorney (Family Support Division), Chief Deputy (Criminal Division), and eight Deputy District Attorneys - one MNVP grant attorney, four felony intakelprel7~~n~-y/trim. attorneys, one Oroville Justice Court misdemeanor attorney, one Biggs/Gridley and 602 juvenile attorney, and one sexual assault/ child abuse vertical unit attorney. Butte County has suffered an explosion in reported child abuse cases in recent years. An increased public awareness of child abuse as well as aggressive CAP (Child Abuse Prevention) programs in the local schools has generated an almost geometric increase over the years. As an example, according to statistics supplied by Butte County Child Protective Services (CPS}, 282 families were reported as having one or mare ch~.3.dren sexually assaulted in calendar year 1984 whereas in 1985 that figure shot up to 406 families reporting one or more children molested. In 198b (through October 31, 1986}, there were 593 children who reported they had been victims of sexual abuse. (NOTE: the 1986 figures represent rnmmber of children, whereas the 1984 and 1985 figures represent number of families}. if one assumes an average of 59 children reporting each month, then the figure for 198b through the end of December 1986,: would be projected to be ill children. This increase is averwheim'rg local law enforcement resources. Previously, Butte County was considered a leader in its handling of child abuse cases, particularly ~ its "team approach" to the investigation of child abuse cases. This team approach involved the coordination of GPS and law enforcement investigations. Asocial worker and local law enforcement abuse investigator FORM 6 PROBr~ STATr continued world respond as a team to a reported case. This "team" would lessen the need: for repeated interviews of an already traumatized .child as well as promoting better cooperation and comm<?n~cation between the agencies which would be affecting the child's future. As an adjunct to this team approach, Butte County has had for several years a multi-disciplinary team of professionals representing the various law enforcement jurisdictions, district attorney's office, CPS, probation department, and the psychological/counseling comEmu~.ity. This Butte County Child Abuse Team (SCAT) has attempted to coordinate the various aspects of the "system" affecting a child whose case has been brought to light. The team has generated discussion, policy and c~~-~cation to provide a cohesive plan of action with the various abuse cases generated in the county. With the dramatic increase in reported child abuse cases, the team concept has become severely damaged. So many cases are now being reported that 1oca1 police jurisdictions are unable to respond to cases along with CPS workers as before. This has led to a backlog of cases as well as cases going uninvestigated by law enforcement. The Butte County District Attorney's office has maintained a policy of vertical prosecution in child abuse cases in coordination with SCAT for the past seven years. The responsibility of child abuse prosecutions within the office has generally been assigned to a senior deputy who incorporated such cases into an already full felony caseload. In 1985, this responsibility was given to a deputy who was also assigned all sexual assault cases. The increase has also severay impacted the district attorney's office in overwhe~min~ the single deputy who handles the child abuse cases along with additional felony cases. The sheer volume of such. cases can no longer be handled as merely a part of a single deputy's workload. This has led to a backlog as well as a lack of time to better coordinate and supervise existing child abuse investigations. The project, as envisioned, will expand its efforts in picking up those cases now "falling through the cracks". The Project Attorney wi].1 be a full-time vertical child abuse prosecutor who will be part of a new Sexual Assault/Child Abuse (SAGA} prosecution unit within the Butte County District Attorney's office. Such unit will involve twv attorneys. 7~e Project Attorney and another attorney who will be the project attorney's back-up and who will vertically prosecute all adult sexual assault crimes. The Project investigator will be used to investigate those cases generated by CPS allo~g local law enforcement abuse investigators to concentrate their limited resources on those non-CPS cases such as stranger-assaults, child homicides and child abductions. It is anticipated that a CAVP Unit within the District Attorney's office will' be able to more timely, sensitively, skillfully and efficiently investigate and prosecute child abuse cases. FORM 7 STATISTICAL DATA A. Time. Period: from Jan, 1 1 86 to Dec. 15, 1986 8. Does the applicant have a specialized unit for prosecuting sexual abuse cases? X (yes) {no} If yes, how many sexual abuse cases were handled by the specialized unit during the above time period? 157• (number} Of the above number, how many sexual abuse cases were vertically prosecuted during that time period? ~_ (number) C. Does the applicant have a specialized unit for prosecuting child sexual abuse cases? X (yes) (no) If yes, how many child sexual abuse cases were handled by the specialized unit during the above time period? 71 (number) Of the above number, how many child sexual abuse cases were: vertically prosecuted during that time period? ~ (number) D. During the above time period, how many child sexual abuse cases were reported to law enforcement? 593* (number); to Child Protective Services? 593* (number) *1/1/$6-10131/$6 How many of the number of reported child sexual abuse cases were filed? ~_ (number) Of the number filed, how many child sexual abuse cases resulted in conviction? 37* ( number }~NDTE: These 37 figures do not include the 300 W&I cases handled. by this u~t dining 19$5, said number is 505 case; E. Proposed number of staff in unit (total grant and non-grant funded personnel); 1. Attorneys 2. Investigators 3. Support Staff Grant Funded Z 1 0 County Funded Total # -L- 1 0 FORM 9A PROGRAM OBJECTIVES Objective One: To demonstrate that ali efforts have been made. to utiliza.verttcal representation in the prosecution of child sexual abuse cases. I. Current case management procedures: Currently, and for the past seven years, the Butte County District Attorney's: office has vertically prosecuted child abuse cases with other sexual assault cases. I~. Proposed case management procedures: 'gie CAVP Attorney would have mare time available for each case and fewer calendar conflicts. With more calendar control, there would be faster resolution in all cases. Also, there would be Tess trauma to the victims and family members because they would see only one prosecutor and their time in the cramis~al justice system would be shorter. These accomplishments could be measured by showing the length of time from arraignment to judgment :- and by showing the number of appearances made on each case. III. Anticipated accomplishments: a." Number/percentage of cases in which "true" vertical prosecution will be achieved ~~- / ~~ ~ b. Number/percentage of cases in which "unit" vertical prosecution will be achieved 4 / l0 ~ FARM 8H PROGRAM OBJECTIVES Objective Two: To demonstrate that all prosecutorial efforts have been made to resist the pretrial release of a charged defendant meeting the CAVP Program criteria. I. Current case management procedures: Currently, because of the lack of adequate law enforcement resources available to immediately investigate reported child abuse cases, many children are removed from their homes under W&I Code Section 300 detentions and placed in Foster homes for their care and protection. This leaves the offender in the home pending an investigation by law enforcement. In addition, there is not enough time for the Deputy District Attorney to make an appearance at arraignments. II. Proposed case management procedures; Hopefully, the project would reverse this procedure by removing the offender from the home and leaving the child within his/her awn familiar envirarnnent. An enhanced prosecution and law enforcement effort wall enable more timely arrests to be made and more of an effort at resisting inappropriate releases. Currently there is insufficient attorney staff to be at each arraignment of those cbar'ged and arrested for child abuse. With enhanced attorney staff, as well as more investigative material, arraignments can be attended and inappropriate releases resisted; including increased bails anal OR conditions regarding contact with the victim and other family members. III. Anticipated accomplishments: a. Projected number/percentage of bait motions to be requested 14~ / 30 ~ b. Projected number/percentage of bail motions to be upheld by the court 7 / 50 ~ c. Projected number of cases where the defendant is released on hail 40% on awn recognizance 50~ ; or other ( specify ) 10~ {~•t custody) Total. 100 d. Projected number/percentage of cases where defendant is in Custody through trial. 5 / 12 ~ FARM PROGRAM OBJECTIVES Objective Three: To reduce the amount of time required to prosecute a child sexual abuse case. I. Current case management procedures: Currently the Butte County District Attorney's office makes every attempt to shorten the time from arrest to final disposition. This is vial in Child Abuse cases acid has legislative recog~.tion in Penal Code Section 1048. However, the increased number of such cases has caused time periods to 3engthen as backlogs are created and follow-up investigations continue. In 1985 and 1986, no District Attorney investigator was able to be assigned. All follow-up dome by local 1.aw enforcement agencies as time and resources pPrm;tted. Currently the time from in~.tial investigation to final disposition is an average of 6 to $ months. With the CAVP Project, we hope to cut that time to 3 to 4 months. II. Proposed case management procedures: With the-CAVP Project a closer=coordination between the CAVP attorney and the additional. CAVP investigator will speed the process of initial and particularly follow-up investigations to shorten the time frame involved. Tt would also be anticipated with a fi,l~ time attorney (and back-up attorney) resources can be concentrated to resist court delays. $C III. Anticipated accomplishments: Projected average length of time required by CAVP unit prosecutors to complete a CAVP prosecution 3-4 months Average length of time required by non-CAVP unit grosecutars to complete a non-vertically prosecuted felony case S-7 months FORM 8D PROJECT QHJECTIVES Objective Four: To demonstrate a reduction in the prosecutor's and investigator's caseload, I. Current case management procedures: Currently the prosecutor with primary responsibility for child abuse has 50X of his case load dedicated to adult sexual assault and child physical abuse and other -~ajor felonies. This prosecutor has had no investigator specifically assigned to child sexual abuse cases. Therefore, all investigation has been done by local police agencies as time and resources permitted. When necessary, a District. ,Attorney investigator has assisted in subpoena service and witness contact which resulted in overload for such investigator. II. Proposed case management procedures: With the project, such prosecutor wi11 be dedicated 100 to child sexual abuse cases with a trained back-up attorney to take overflow. A full-time investigator assigned to the project attorney would reduce the local police agencies' caseload and provide more timely follow-up investigation. Such an investigator would reduce the workload of other District Attorney investigators. III. Anticipated accomplishments: a. Projected yearly average number of CAVP cases completed': by each CAVP unit prosecutor 45 b. Projected yearly average number of CAVP cases completed- by each CAVP unit investigator ~+5 c. Projected number of cases completed by the CAVP .unit 45 d. The average number of non-vertically prosecuted felony cases completed on a yearly basis by non-CAVP unit prosecutors 60 e. The average number of non-vertically prosecuted felony cases investigated on a yearly basis by non-CAVP unit investigators NOTE: Butte County uses a team concept with the felony prosecutors and investigators, The investigators are used as needed by the deputy. FORM $E PROGRAM OBJECTIVES Objective Five: To demonstrate that a~.l efforts have been made to secure .the most severe sentence authorized by Iaw when a person is convicted in a child sexual abusA r case. z. Current case management procedures: Currently sentence recommendations are handled upon a case-by-case basis. Lack of prosecutorial. time militate against a written statement in aggravation {P.C. 1170) in every appropriate case and against appearances at all sentencings by the felony/trial deputy. iI. Proposed case management procedures: However with enhanced resources, written statements in aggravation can be authored in each appropriate case leading to more severe sentences. The appearance of the CAVP Deputy at sentencing will be possible. There will be time for more contact with Probation during the report writing process. In addition, with more time available at the initial stages of the case, enhancements can more often be charged and proven, rather than dropped in plea negotiations. ~TII. Anticipated accomplishments: 1. Projected number/percentage of defendants who receive the most severe sentence on the most serious charge filed by the CA7~7P unit 23 / 50. ~ . 2. 'Projected average length of sentences for child sexual abuse cases filed by the CAVP unit 8 nears - State Prison 3. Average length of sentences for felony child sexual abuse cases non-vertically prosecuted by non-CAVP unit deputies ~1 cases are vertically prosecuted now. r FORM: $F PRDGRAM OBJECTIVE objective Six: To reduce the trauma of child victims during all trial stages, investigation, preparation of witness(es), preliminary hearings, trial proceedings and disposition/sentencing. Y. Current case management procedures: Currently, by the time the deputy files a case, the child victim has talked to a police officer, an investigator, and at least one CPS worker. If time permits, the filing deputy interviews the child victim with CPS before filing. Generally, time is not available to do this, so the first time the deputy interviews the child is one or two days before the preliminary hearing. Again, time constraint's usually do not allow for a very lengthy interview. Therefore, by the time the child victim makes hislher first court appearance, the child has had to meet and talk with quite a rnmiber of people. II. Proposed case management procedures: The GAUP investigator would be the only law enforcement person to interview the: child, The CPS worker and that investigator would then be available to introduce the child and the prosecutor before filing the case. By the time the preliminary hearing occurred the chid victim would be familiar with the people on his/her "prosecution team". There would be more tame for each interview so that court proceedings, court personnel and the physical realities of a court room would not be so traumatic. The CAVP attorney and investigator would be more familiar with the personal realities of the child victim and better able to recommend appropriate victim support programs and follow-up with the use of those programs after the conclusion of court proceedings. III. Anticipated accomplishments: a. Projected number/percenge of referrals to victim support programs prior to the conclusion of trial proceedings / 100 $ b. Projected number/percentage of referrals to victim support programs following conclusion of trial proceedings /~$ FORM 9 ESTABLISHMENT OF CAVP UNIT POLICIES Have the project director sign below, indicating that the prv~ect will establish CAVP Unit policies in compliance with the program components required in.Chapter 197, 999s, (a)-(d), as follows: a. Wiii establish modified, age appropriate, interviewing techniques and court procedures to accommodate the child victim/witness. b. Will establish a written protocol on final interviews and counseling with victims following the conclusion of legal proceedings. c. Will make all reasonable efforts to utilize diversion ~~ alternatives in appropriate cases. A copy of the above CAVP Unit procedures and protocols will. be submitted to OCJP within 90 days of the CAVP grant start-up date. ~~ Pro'ect Director 3 FORM 1Q ORGANIZATIONAL CHART Butte County District Attorney (CAVP Project D3sector) Co . Ftmded pu Chief De t hief De ty Pu Y (Criuunal) (Civil-FSD} Co . tended Co . Ftimded (ZIP} .., ~1 Ault (M~.p) ~'-~ +~ Tt~.al.s M%Sd.Tcials Jl~e CO. ~.II:~d. ~t ~' Tr~d (CAZIP ~C~} Cwt Ftl7ded ~. Fi..iIjE?C~. W. ~~. CO.FLI~ Go. FlI7d91 ~~ (~~} Cii~lt ~' .lY~. ADI~IIN.LSTRATIVE RESPONSIBTLlTiES The project director will be responsible for assign;~g cases to the proposed unit pursuant to the grant guidelines. The project attorzxey will be responsible for ass~.gning cases to the project investigator and reviewing those investigations for prosecution. The project attorney and investigator ~~' will prepare bi~raeekly reports of unit activity. These reports will be used by the project director to prepare the quarterly reports which will be forwarded to the Office of Criminal Justice Plarming. FORM lI' WORKIlVG REL~iiTIONSHIPS Law Enforcement: A close working relationship with the assigned sexual assault/ child abuse investigator of each Iaw enforcement jurisdiction will tae maintained. The project investigator will be take ~ responsibi~:itY for that portion of the Butte County Sheriff Department's workload relating to CPS cases trial preparation work thereby allowing local law enforcement investigators to .concentrate on more' complex child homicides, stranger molests and abductions,. Project staff will also serve as consultants and in-service trainers. Coordinated efforts with Butte County Sheriff's office, Chico Police Department, Paradise Police Department, Oroville Police Department and Gridley Police Department will be maintained for investigation and interviewing. techniques. Rape Crisis Center: The project will maintain the same working relationship enjoyed by both the District Attorney's staff and the local. Rape Crisis Center. {Staff members have served on the center°s board of directors}. Support services for those victims not served by CPS or victim/'Witness will continue to be utilized. In addition, the CAVF Deputy wil.1 attend training sessions for staff at the Rape.. Crisis Cerrter. Child Alause Treatment Programs: No formal. child abuse treatment program exists in Butte County other than those forn~alized through Parents United (now discontiixued) and the Butte County District Attorney's Diversion program (see attached).. Such will be continued. VictimlWitness Assistance Programs: As discussed with the Rape Crisis Center, close working relations will be maintained with Butte County probation department's victim/witness program. Such program has reci.eved state-wide recognition for its excellence . Child Abuse and Neglect Cotmcils: As discussed previously, the project will maintain the Butte County District Attorney Office's primary membership in the Butte County Child Abuse Team as well as the local child abuse council AL7. conferences, seminars-and traininv sessions will have project staff in attendance. Child Protective• Services: The District Attorney's office has maintained a close working relationship with this service agency as already mentioned. This relationship will continue. Written protocols will be established within the required 90 day period with Rape Crisis Center, Child Protective Services, Victim/Witness Assistance Program arnd the Butte County , ;ld Abuse Council by persona]. contact from the proposed project attorney with whom all of them are familiar.. The project grant will be described and their continued cooperation requested with a written statement of their procedures which are available to assist victims/~-messes during ~jminal proceedings and following the conclusion of legal proceedings. FORM 12 STAFF T12AINTNG PRATECT ATTORNEY A. tine and Tr ' Since December, 1985, the proposed project attorney has assumed responsibilities for the vertical prosecution of all sexual assault/child abuse cases in Butte County. This experienced deputy handles the cases from intake, through filing, prel~m~ra*y hearings, motions, trial and sentencing. This deputy has attended CDAA sponsored courses which have covered child development, interviewing and e~~~~ation of child witnesses, battered child syndrome, medical-legal aspects of sexual assault, and cultural aspects of sexual victimization. B. Pro sed Additional 75rainin 1. The prospective project attorney will be attending the CDAA sponsored Child Sexual Assault Prosecution 5pminar in Foster City, CA. from February ~-b, 19$7. In addition, said attorney will attend the Small Counties CDAA course on Adult and Child Sexual Assault Prosecution. 2. The project attorney will attend the two OCJP mandated courses during the grant period. 3.. The project attorney will Gontinue to attend local c~*n~ty conferences, s~m;~ars anti workshops where the subject matter is chi.7.d abuse. 4. The project attorney wall maintain contact with other prosecutors with similar responsibilities to avail. herself of their procedures, expertise, training, and agency services. SACK UP ATTORNEY The project attorney will personally train the back-up attorney with the benefit of materials obtained from the courses, sPmir~ars and workshops mentioned above. PRATFCT INVESTIGATOR A. tise and Tr ' The proposed investigator has thirteen and one-half years experience as a peace officer. She has investigated numerous cases involving child abuse allegations during that time. In addition, she has attended a P.O.S.T. certified course of forty (40) hours on Sexual Assault Investigation, a P.O.S.T. certified course of forty (40) hours on Vice Investigation which included instruction on child pornography and child exploitation, and a two week GOUr5e given by the Federal Bureau of Investigation far Investigators which include instruction on sexual assault, child abuse, child exploitation, and sexual victimization. B. Fro sed Tr ' The project investigator would attend the CDAA and OCJP and community spm;nars mentioned above~or the Project Attorney with the Project.Attorney. In addition, she will. be considered for P.O.S.T. certified courses which may be available. FORM 13 WORK S~ Recntitment & Selection of Persomael Development o£ Fracedures and Management Information System GAUP tTnit Policies anal Protocol. Vertical. Prosecution of Child Abuse Cases Conferences/Training quarterly Project Reports Monthly Financial Report E<raluati.on and Review MAR APR MAY JUNE JULY AUG SEP'T OGT NGV DEC JAN FEE MAR ~~ R~ ' 88 ur X X X X X X X X X X X X X X X X Gr t P iad ( )/On CD (J or g) X x x x x x X x x x x x x x X X X FORM Z4 EVALUATION COMPLIANCE ASSURANCE Have the project director sign below, indicating that the project will participate in the.OCJP/CAVP Program evaluation by complying with the reporting requirements of the evaluation. Minimally, this includes submitting progress reports and other data which may be designated as necessary by OCJP. Indicate the name, title and phone number of the person who wi1]. be responsible for maintaining the records. RA'II3R~T L. MONTAGUE Name _ Pro iect Attorney ._ Title 916 534-4411 (Area Code} Fhone Number , Comment if you are conducting an independent evaluation. We w~11 be conducting our own gin--house evaluation by preparing bi-weekly reports on case management which will be used to create the quarterly reports for QCJP. Signature of Pro ec nirec or FORM zs PLAN FOR ASSUMPTION OF COSTS It is the intention of the Project Director during budget considerations prior to the end of the grant period to make application for provisions in the budget which will continue the project. Child abuse investigation and prosecution have a high priority in the c~m~ty of Butte County and with the Board of Supervisors. Tt is optimistically felt that. with the statistics:wh~:~h:will_be developed during the grant that the Board of Supervisors will recognize tY~at their goal of protecting children has been whet best wa.th the CAVP unit and that they will continue to fund such a prosecution effort beyond the grant period. Resoiufian No. 86-158 OF SUPERVI50R5 WF{EREAS, the District Attorney of Butte County desires to undertake a certain project designated Child Abuse Vertical Prosecution (CAVP) Program to be funded in part from funds made available through state Renerai funds as authorized in Chapter 1047, administered by the Office of Criminal Justice Planning, hereinafter referred to as OCJP. NOW, THEREFORE, BE !T RE501_VED that the Chief Administrative Officer of the County of Butte is authorized, on its behalf, to submit application for gt~ant funds for law enforcement purposes to OCJP and is authorized to execute on behalf - - of the County of Butte the attached grant award for law enforcement purposes, including any extensions and attachments thereunder; and BE IT FURTHER RESOLVED that grant funds hereunder shall oat be used to supplant expenditures controlled by this body; and BE IT FURTHER RFSOC.VED that it is agreed that any liability arising out of the performance of this grant award contract. should it be awarded, including civil court actions for damages, shall be the responsibility of the grantee and the authorizing agency. The State of California and OCJP disclaim responsibility for any such liability. - PASSm AND ADOPTEi7 this 16th day of December, 1986, by the folEowing vote: AYES: Supervisors Dolan, Fulton, MCInturf, Wheeler and Chairman Mct.aughlin N0E5; None AESFJVT: Nane NOT VOTING: Nane ®~N t~AUG !N, hairman Butte County Board of Supervisors ATTEST: MARTM J. NICHOL5, - Chief Administrative Officer and CEerk of the Board of Supervisors 8y. Deputy iFft FORI:GO!?~IC INcs-~~,•-••~ • ->L TFiE U,'21GINAL UI`~i F}L. ~~?.._ :it :::::. _ :.... .~ (.' - ...... ' ~ ~ .ors ..^.li. av ~c--~~.P~..._ .~- _uEr.. .