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HomeMy WebLinkAbout91-035BOARD OF SUP'ERViSOF~S COUNTY OF BUTTE, STATE OF CALIFORNIA Resolution No.91-35 RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS SUBMITTING APPLICATION FOR A GRANT UNDER THE MAJOR NARCOTIC VENDOR PROSECUTION PROJECT WHEREAS, the Butte County Board of Supervisors desires to undertake a certain project designated as the Major Narcotic Vendor Prosecution Project to be funded in part from funds made available through the Major Narcotic Vendor Prosecution {M.N.V.P.~ Program administered by the Office of Criminal Justice Planning {hereafter 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 the attached proposal to OCJP and is authorized to execute on behalf of the County of Butte the attached Grant Award Agreement including any extensions ar amendments thereof. 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 OCJP disclaim responsibility for 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 Board of Supervisors of the County of Butte, this ~ day of March, 1991, by the following vote: AYES: Supervisors Mclnturf, Campbell, McLaughlin, Fulton and Chair Dolan NOES: None ABSENT: None ATTEST: WILLIAM H. RANDOLPH Chief Administrative Officer and Clerk of the Board By Deputy ^"`FICE OF CRIMINAL JUSTICE PLANP'~'-''G OCJP A30i GRANT' PROPOSAL/AWARD FACE SHEh. . The`~Office of Criminal Justice Planning, hereafter designated OCJP, hereby makes a grant ~- award of funds to (1) Butte County ___-_ ,., hereafter designated Grantee, in the amount and for the purpose and duration set forth in this grant award. Note: If name exceeds 30 characters indicate below the abbreviated name for warrants: {2) N/A (3) Project Title {60 character maximum} (6} Award No. Major Narcotic Vendor Prosecution Program ~~~~~ ~ d0~0 (~) Project Director (Name, Title, Address, t7} Grant Period Telephone) (four lines maximum) Jt~y 1, 1991, _- (8} Federal Amount Michael L. Ramsey, District Attorney N/A Butte County 25 County Center Drive, (916} 538-747.1 Oroville, CA 95965 ~ (9) State Amount $96,000 (~) Financial Officer (Name, Title. Address, Telephone) (four lines maximum} David A. Houser, Auditor-Controller Butte County 25 County Center Drive, Oroville, CA 95965 (916} 538-7607 10) Cash Match NJA {11) In-Kind Match N/A (i2) Total Project Cost $96,000 This grant award consists of this title page, the proposal for the grant which is attached and made a part hereof, and the Assurance of Compliance form which is attached. The grant recipient signifies acceptance of this grant award and agrees to administer the grant project in accordance with the statute(s), Program Guidelines, this Request-for-Proposals {RFP).and the OCJP Grantee Handbook. FOR OCJP USE ONL1' z tem : ~/4Gj - /0/- ~D/ .~ Chapter: ~ 1 g ~ ~ ~ PCA No .: ~ ~'r~.~i Component No.:.~~. .~~ n~~ Project No.: Amount : ~~~p/ ~~' Split Fund: Split Encumber: Year : %//%2 Match Requirement: ~~ Fund : ~!~~iy~P/~ ~rograill : ~ / ~- G/ Region: (13) Official Authorized to Sign for Applicant/Grant Recipient J Name: William H. Randolph Title: Chief Administrative Officer Address: 25 County Center Drive Oroville, CA 95965 Telephone: (916) 538-7224 Date : April ~ ,1.991 I hereby certify upon my own personal knowledge that budgeted funds are available for th'e period and purposes of th's expenditure stated above. ~_~.5_q~ iseal Officer, OCJP Date ~~~ ~~ . ~`` ~ -~~-fi Executive Director,~::OC.7P Date Y,-ert~f ~~,~ICE; o~ ~CItZ]Ifto~ fL°~.;!CE P ert'pt'c^ ha: - Y'fh3f af! cond,'tlo~s f~eX• , ~. rClt117!!~~ =~7 7 130 ~` SfreQt, Surt4 304 This to-tra t ., Plrcad with, and c- ofGc,:ec~l;;crvrces,aP~foY~~e~r7rne~ .. ...^~Cf'?F't347,~(S~If(,`Fn;~ ~~~~,~, STATE OF CALIFORNIA ©Rl3u-FREE WORKPLACE CER. .=1CAT14N SIC. 2i (NE4Y i 1-9p} COMPANYIORGAN17J17ION NAME BUTTE COUNTY DISTRICT ATTORNEY ~ CAVP The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing adrug-free workplace. The above named contractor or grant recipient will: "~ 1. 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 $355(x). 2. Establish a 17rug-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 imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Secrion $35S(c}, that every employee who works on the proposed contract or grant: - (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the teens of -the company's statement as a condition- of employment on the contract or grant. CERTIFICATION 1, the official named below, hereby swear that I am duly authorized legally to bind the contractor ar grant recipient to the above described certification. Z am fully aware that this certification, executed on the date and in the county below, is made ender penalty of penury under the laws of the State of California. OFFICIAL'S NAME MICHAEL L. RAMSEY WILLIAM H. RANDOLPH uw~tt~ct+.:uitu trst+;u~tuuv iKtwunitvr June zy, 1991 Butte ~~ ~ -~ CONTRACTOR wGRANTIa~jLIPIE,$ITSI TUF~c /} ` / J ~~ ~ ~ - , TITLE Butte Count Di trict Attorne Butte County y y Chief Administrative Officer FEDERAL I.P. NUMBER N/A ~- SAMPLE Statea~ent an the Drug-Free Workplace To comply with the enactment of Senate Bill 1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the Office of Criminal Justice Planning accordingly provides this statement of compliance. In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug- free workplaces and have issued drug-free workplace statements to their employees (Article 2, Section $3S5{a} of the Government Code). Consequently, in accordance with this directive, this statement is issued to meet this requirement. The Office of Criminal Justice Planning, an agency within the State of California, has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee, co- workers, or the public resulting from accidents. dereliction of duty, poor judgment end carelessness. Substance abuse also results fn lost productivity, reduced efficiency. and increased absenteeism by the substance abuser and interferes with the fob performance of employees who do not use illegal or unauthorized substances {Section $355{b}(1}). California law also prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees (Section 8355(e}). Employees convicted of a violation of a criminal drug statute, when the violation occurred at a State employee's worksite, shall report the conviction to the granting and monitoring State agency upon conviction (Section 8356(a}(i}(z)}. In the event of the unlawful manufacture, distribution, dispensation, possession or illegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program (Section 8355(b)(4}). The State Employee Assistance Program (EAP} provides drug problem assessment and referral to appropriate counseling and rehabilitation services (Section 8355(b){3?}• The EAP is available to all State employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for further information. It is the intent of the Office of Criminal Justice Planning to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement (Section 8355(c)). OFFICE OF CRIMINAL JUSTICE PLANNING ASSURANCE OF COMPLIANCE EQUAL EMPLOYMENT OPPORTUNITY By signing the Grant Proposal/Award Face Sheet, the Certification of Formulation and Availability of Equal Employment Opportunity Program (where applicable), including this Assurance of Compliance Form and submitting the proposal to the Office of Criminal Justice Planning (OCJP}, the applicant acknowledges awareness of and the responsibility to comply with the following: 1. California Fair Employment and Housing Act (FEHA} and Implementing Regulations, California Administrative Code, Title 2, Division 4 Fair Employment and Housing Commission. 2. California Government Code Article 9.5, Sections 17.135-~1113}.rj and Implementing Regulations, California Administrative Code, Title 22, Sections 98000-984.3. 3. Title VI of the Civil Rights Act of 1964. ~}, Title V, Section 504 of the Rehabilitation Act of 1973 (29 USCS Section 974) and Federal Department Regulations on its implementation; Government Code Section 4450, et. seq. Federal and state agencies have the legal right to seek enforcement of the above items of this assurance of compliance. The assurance is effective as of the date of the grant award agreement and throughout 'the period during which federal or state funding is extended or during the period of time in which real or personal property, purchased with grant or matching funds is used after the grant ends. A11 appropriate documentation must be maintained on file by the project and available for OCJP or public scrutiny upon request. Violation of these provisions may result in the withholding of grant funds by OCJP. OFFICE OF CRIMINAL JUSTICE PLANNING CERTTFICATION OF FORMULATION AND AVAILABILITY OF EQUAL EMPLOYMENT OPPORTUNITY PROGRAM I, .. Michael L. Ramsey _ (Project Director or other authorized official} certify that the Butte County District Attorney~Butte Count, Personnel Department_ ,(criminal justice agency/grantee) has formulated an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR, ~}2.3Ol,et seq., Subpart E, and that it is on file in the office of Mr. Earl Eckert (name), 25 Count Center Dr. 0rovi1le CA 95965 (address), Butte Count Personnel Director (title) for review or audit by officials of the cognizant state planning agency or the Federal Bureau of Justice Assistance, as required by relevant laws and regulations. ~, ~~ / / __ l `~ ~~r~.~~-~ (SIGNATURE) ~ ~ c_ __._~ Project Director/District Attarne ( TITLE) __~.~,. April ~~ , 1991 (DATE) OFFICE OF CRiMiNAL 3USTICE PLANNING ASSURANCE OF COMPLIANCE - ENVIRONN~NTAL IMPACT STATEMENT In order to conform with the procedures required by the California Environmental Quality Act ~CEQA}, an environmental assessment must be performed on the proposed project. It is the responsibility of the applicant to insure that this is completed. This form is an assurance that the applicant will comply with the following: 1. Public Resources Code, Division 13, Section 21000 et. seq.; and 2. A11 other applicable rules and regulations. By signing the Grant Proposal/Award Face Sheet (OCJP A3o1), and this Assurance of Compliance form, the applicant acknowledges awareness of their responsibility and assures compliance with all of the above. All appropriate documentation must be maintained on file by the project and available for OCJP or public scrutiny upon request. A ril 1991 Signature of Person Authori ed to Date Sign Grant Award (Same as line 13 on Grant Award Face Sheet) GIANT ~aER: ~~/c//O(~ ~D~ PROJECT TITLE: Ma.ior Narcotic Vendor Prosecution Pro, am __ r .1FFICE OF CRIMINAL 3USTICE PLAh..~NG PROJECT SERVICE AREA INFORMATION 1. COUNTY OR COUNTIES SERVED: Butte 2. U.S. CONGRESSIONAL DISTRICT S Second ~. STATE ASSEMBLY DISTRICTS): First and 'third 4. STATE_SENATE DISTRICT(S): Forth ~j. POPULATION OF SERVICE AREA: i$z., 500 ' OFFICE dF CRIMINAL Ji3STICE Pi.ANNING PRdJECT CONTACT' INFORMATION Applicant: Butte Count Implementing Agency: $utte Count District Attorne 's (if applicable) Project Title • y~ /~ Ma/j~or Narco~t/i~c) Vendor Prosecution Program -Grant Number : /l/l/~~,~L~~~_ 7t/ ._ (to be added by OCJP) Provide the name. title, address and telephone number for the project contact persons named below. If a section does not apply to your project, enter "N/A". 1. The person having day-to-day responsibility for the project: Name: Lawrence R. Meyer Title: Deputy District Attorney Address: 25 County Center Dr. Oroville, CA 95965 Telephone Number: {916) 538-7411 2. The Executive Director of s non profit organization or the Chief Executive Officer (e.g., District Attorney) of the implementing agency: Name: Michael L. Ramsey Title: District Attorney Address: 25 County Center Dr. Oroville, CA 95965 Telephone Number: (916) 538-7411 ~. The Chair of the Governing Bady of the implementing agency: Name: Jane Dolan, Chair Title: Butte County Board o£ Supervisors Address: 25 County Center Drive Oroville, CA ,95965 Telephone Number : ( 916) 538--7224 ~. The person responsible for the project from the applicant agency: Name: Bob Peterson Title: Chief investigator/Adm~.nistrator Address: 2S County Center Dr, Oroville, CA 95965 Telephone Number: {916) 538-7610 ~. The Chair of the Governing Body of the applicant agency: Name: Jane Dolan, Chair Title: Butte County Board of Supervisors Address: 25 County Center Dr. Oroville, CA 95965 Telephone Number: ( 918 538-7224 ' OFFICE OF CRIMINAL JUSTICE PLANNING PRIOR, CURRENT AND PROPOSED OCJ'P FUNDING FISCAL YEAR Nov. 1985-Sept.1987 Mar. 1987-Feb. 1988 July 1987-Sept.1988 July 1988-June 1989 July 1989-June 1990 July 1989-June 1990 July 1990-June 1991 July 1990-Juzze 1991 July 1991-June 1992 July 1991-June 1992 GAT GRANT PERSONNEL PERCENTAGE NUMBER AMOUNT BY TITLE OF OGJP FUNDING NV85010040-00 $149,744 SP86010040-00 $ 92,857 NV8bo2oo40-00 $1o9,41b NV88030040-00 $100,000 NV89040040-00 $100,000 SP89010040-00 $124,387 NV90050040-00 $100,000 SP90020040-00 $124,387 $ 9b,000 (MNVP Proposed) $119,411 (CAVP Proposed) PROJECT SUMMARY PROJECT TITLE PROJECT NUMBER I~Sajor Narcotic Vendor Prosecution Project APPLICANT - GRANT PERIOD Name: Butte County From: 7/01/91 To: 6/30/92 Address: 25 County Center Drive Oroville, CA 95965 Telephone: ( 916? 538-7224 IMPLEMENTING AGENCY ~ Ft3NDS REQUESTED Name: Butte County District Attorney State Funds Address: 25 County Center Drive ~ 96.,000.00 Oroville, CA 95965 Telephone: ( 916 538-7411 PROBLEy1 (Clearly define the problem you intend to address. Support the existence of the problem with crime data, survey data, number of persons who need services, etc.) The problem is continued major narcotics manufacturing and distribut- ion within the County of Sutte. Cases referred to the D.A. have decreased by 18% over the same period last year, however major cases accepted went from 15% to 34% of the referrals, an increase.of over_ 100% in major cases. butte County currently carries the largest major narcotics caseload in the State. of California for grant projects. OBJECTIVES 1. '60 percent of all MnVP defendant's cases will be completed with true vertical prosecution. 2. The MNVP prosecutor will carry~a maximum of 70 cases in FY 1gg1/g2. 3. 4 0 percent of all MNVP defendants will remain in custody at the time of their trial or at the final disposition of their case. r ~}. 25 percent of all convicted A9NVP defendants will receive the most severe authorized sentence. - ~. The average amount of time to adjudicate a MNVP defendant will be 300 days 5. 70 percent of ail MNVP defendants will be convicted in FY 1gg1/92. OFF~„~ OF CRIMINAL JUSTICE PLANNING BUDGET CATEGORY AND LINE-ITEM DETAIL COST A. Personal Services - Salaries Project Attorney One Deputy District Attorney IV $ X9,608 $4,134.00 per month @ 100% x 12 months The Project Attorney is responsible £or prosecuting MNVP cases and directing the activities of the Project Investigator and clerical support. The Project Attorney reports to the Chie£ Criminal Deputy District Attorney. Project InVEStl One District Attorney Investigator II $ 7,965 $2,530.67 per month @ 26% timesxl2 months This experienced Investigator will have primary responsibility for the investigation and coordination of all MNVP cases with the Project Attorney as well as a role in the seizure of assets. r TOTAL $ 57,573 pCJP A303a OFr1CE OF CRIMINAL JUSTICE PLANNING BUDGET CATEGORY AND LINE-ITEM DETAIL COST B. Personal Services - Employee Benefits One De ut District Attorne IV {Salary - $4,134.00 per month) Social. Security $316.25 per month x 12 months (7.65%) $ 3,795 State Comprehensive Insurance $].0.75 per month x 12 months (.26%) 129 Health Insurance $495.92 per month x 12 months 5,951 Unemployment Insurance $41.33 per month x 12 months (1.0%) 496 Life Insurance & Employee Counseling E~cpense $10.58 per month x 12 mo 127 * Public ~Ynployee Retirement System $586.17 per month x 12 months 7,034 $ 17,532 (7.179% ~ 7.00%) One District Attorney Tnvesti ator II (Salary - $2,530.67 per month) Social Security $193.60 per month x 12 months {7,65%} 2,531 State Comprehensive Insurance $366.44 per month x 12 months (14.48%} 4,397 Health Insurance $348.92 per month x 12 months 4,187 Unemployment Insurance $25.31 per month x 12 months (1.0 %) 304 Life Insurance & Employee Counseling Expense $1.00 per month x 12 mos 12 Public Employee Retirement System $788.68 per month x 12 months 9,46 {22.165% -~ 9,00%) $ 20,895 * Butte County's cost for P.E.R,S. includes the employee's (9.00%) contribution which is paid £or by the County. This contribution is shown as being in addition to the costs of County contribution. TOTAL $ 38,427 OcJP A3o3b Q. _.S OF CRIMINAL JUSTICE PLANNIN. BUDGET CATEGORY AND LINE--ITEM DETAIL COST C, Travel One mandatory O,C.J.P. Training/Meeting session during Grant period, --0- at County expense. The Applicant will use state travel policy, The applicant will use a travel policy other than the state's. , The applicant will use the written policy af ~P County ~ldt _ . which is mare,!' restrictive than the state's. {agency) {circle one) TOTAL -~~' oCJP A303c OFFICE OF CRIMINAL JUSTICE PLANNING BUDGET CATEGOEY AND LINE-ITEM DETAIL COST D. Consultant Services None -~ a TOTAL ~ ~ ~~~ acJP A3o3d OFFICE OF C...~MINAL JUSTICE PLANNING BUDGET CATEGORY AND LINE-ITEM DETAIL COST E. Operating Expenses A11 operating expenses wi11 be prodded by Butte Cotmty. -0- TOTAL ~ ~ ~ i -~~ OCJP A303e OFFICE OF ~~IMINAL JUSTICE PLANNING BUDGET CATEGORY AND LINE-ITEM F. Equipment DETAIL COST No equipment requested. _0- CATEGORY TOTAL -0- PROJECT TOTaL ~ ~ 96,OQ0 FUND DISTRIBUTION FEDERAL STATE CASH MATCH IN-KIND MATCH a. Amount of Funds NIA $96,000 N/A N/A b. Percentage of Funds N/A 100 N/A N/A acJP A3o3f OFFIC° OF CRIMINAL J~ISTICE PLANNING , OTHER FUNDING SOURCES B[JDGET CATEGORY GRANT OTHER PROGRAM FUNDS* FUNDS TOTAL Personal Services -Salaries 5 7 , 5 73 23 , OOI ~ $ 0 , 5 74 - Personal Services -Benefits 3 $ , ~, 2 7 6 60 3 9 , 08 7 Consultant Services ~ ~ ~ Travel ~ 3 , 800 3 , $ 00 Operating Expenses ~ 4, 500 4, 500 Equipment ~ 15 ; 000 15 , 000 TOTALS: $ 96, 000 $ 4&, 961 $ 142, 961 CE: THIS FORM IS OPTIONAL. IF INCLUDED IN THE APPLICATION, IT DOES NOT $ECOME PART OF THE GRANT AWARD AGREEMENT. Use only the grant funds identified .in the preceding budget pages. PROBLEM STATEMENT Butte County continues to experience a severe major narcotics problem. During the calendar year of January 1, 1989 to December 31, 1989, requests for narcotics case complaints totalled 391. Of that 391 requests, 57 cases, or 155, were accepted for prosecution within the grant funded Major Nar- cotics Vendor Program, following the established guidelines for quantities, etc. During this last calendar year, January 1, 1994 to December 31, 1990, 319 requests for narcotics case complaints were received. This number represents a decrease in requests of 1$~, however, 107 cases were accepted for prosecution within the grant funded Major Narcotics Vendor Program, representing an increase from 15~ to 34~ in major cases, utilising the same project guidelines. Rotational policies of various departments who participate in the local Butte inter-Agency Narcotics Task Force has had an impact on the nurr,ber of cases referred as it takes time to train new officers and bring them up to speed with the experienced officers. Continued manpower problems with local law enforcement has caused one agency to discontinue its' participation in the task force altogether. Despite problems in manpower and staffing, Butte County continues to carry a caseload that is the largest in the State of California for grant funded narcotics projects, a caseload nearly three times that of the average caseload for the 19 current grant funded Major Narcotics Vendor Programs throughout the State of California. Given the current narcotics problem in the County and the current level of cases, Butte County clearly needs, at least, two more full time major narcotics attorneys assigned to achieve the r average caseload statewide. Program projections in this Request for Proposal have been re-adjusted to bring our project more closely into compliance in the six objective areas. Form MN--1 S[JIvIMARY OF PRIOR YEAR' S ACCOMPLISkiMENTS Reporting Time Period: January 1, ].990 - December 31, 1980 NUMBER 1. Number of cases referred to the MNVP unit and reviewed for possible filing: 319 2. Number of defendants referred to MNVP unit and reviewed for possible filing: 319 3. Number of cases accepted/filed for MNVP prosecution: 1 07 ~}. Number of defendants accepted/filed for MNVP prosecution: 107 5. Number of MNVP cases completed: 55 6. Number of MNVP defendants prosecuted: 55 7. Number of MNVP cases completed using "true" vertical prosecution: 31 $. Number of cases completed using "unit" vertical prosecution: 4 9. Number of cases completed using "mayor stage" vertical prosecution: 3 10. Average caseload of MNVP prosecutor(s): 61.75 11. Average caseload of non-MNVP felony prosecutor(s): 115 12. Total number of defendants convicted: 37 13. Number of MNVP defendants convicted on the most serious charge ~+ 1~}. Number of MNVP defendants convicted receiving the most severe sentence: ~ 15. Overall convictian rate (y7 for MNVP cases: Total number of staff assigned to the MNVP unit {grant and non-grant funded personnel). UNIT PERSONNEL Prosecutors Investigators Support Staff GRANT FUNDED 1* 0 COUNTY FUNDED 1 __ a 2 * Partial Funding ( ~C~]o} Form MN-2 PROGRAM OBJECTIVES OBJECTIVE 1: To vertically prosecute siI MNVP defendants I. Of the ~„_ ttotal number) defendants prosecuted January 1, 1990 through 5 December 31, 1990 56 percent were prosecuted with true vertical techniques, percent were completed with major stage. vertical and 7 percent were completed with unit prosecution. 32 percent were completed non-vertically. (Should equal 100 percent.) II. In FY 1891/92 60 percent of all MM7F defendant's cases will be completed with true vertical prosecution techniques. III. Current case management procedures - Describe haw MNVP cases are now handled in the office, who is responsible at what stage, and what procedures are in place when a scheduling conflict arises. MNVP attorneys are oriented geographically in North and South County Judicial l]istricts. These project attorneys review all narcotics cases submitted from their geographical area. They authorize or reject the cases, do the filing, preliminary hearings, motions,-trials and sentencing. Scheduling or time off conflicts are handled by the other project attorney or a designated backup attorney. IV. Proposed Mi~IVP case management procedures - ~If appropriate, discuss what factors inhibited the success of this objective and describe what changes will be made to meet this objective. Personnel turnover as a result of low wages and inordinate caseloads has impacted all aspects of the project. The currently assigned project attorneys appear to be more socio-economically stable than those previously assigned to the unit. This stability should be reflected in an increase in project productivity with a greater success rate in .project objectives. Form NIN-3a PROGRAM OBJECTIVES OBJECTIVE 2: Ta reduce, by a minimum of one-third (33~) the MNVP prosecutor's caseload. I. From January 1, igga through December 3z, iggo .the average caseload of the MNVP unit prosecutor was b1.75 cases as compared to other felony prosecutors in non-vertical units with an average caseload of 11 cases. II. In FY ~99~/9~ the MNVP prosecutor will carry a maximum of 70 cases. This is at least a one-third reduction in the average felony caseload carried by non-vertical deputies. III. Current case management procedures - Describe how the prosecutor caseload is currently set. Caseload is based on active cases in the system, plus ongoing authorizat- ion of cases that meet grant criteria, minus cases that are closed during the reporting period, divided by the number of assigned project attorneys. IV. Proposed MNVP case management procedures - If appropriate, discuss the factors that prohibit limiting prosecutors caseloads. Indicate what criteria will be used to limit cases accepted by the MNVP project to insure meeting this objective. Factors prohibiting any reduction are the steady flow of major narcotics cases generated by local and state law enforcement agencies throught Butte County. Meth labs are still a problem as are offenders found in possession increasingly larger amounts of controlled substances, and the current heavy caseload of non-grant attorneys that would be impacted dramatically if grant criteria were further increased to lower the current caseload. Current and projected caseloads are well within OCJP guidelines, although the highest in the state. Farm MN-3b PROGRAM OBJECTIVES OBJECTIVE 3: In appropriate cases and utilizing reasonable prosecutorial efforts, to prevent the pretrial release of a charged defendant meeting MNVP Program criteria. I, Of the 55__ (number) defendants with completed cases from 3anuary 1, 1990 through December 31, 1990 51 percent remained in custody at the time of their trial. IT. In FY 1991/92, 4 0 percent of all MNVP defendants will remain in custody at the time of their trial. III. Current case management procedures - Describe how MNVP cases are now handled (who is responsible, what techniques are employed to resist the pre-trial release, and how effective are the techniques). Project attorneys argue for pre-trial. bail increases and 1275 bail hearings on appropriate cases. First offenders will not have these motions granted because of their caseload pressures and local pressures and a superior court "consent decree" limiting local jail populations. Such factors render project attorneys efforts difficult at best, but not futile, as evidenced by a l3% increase over last years in custodys. IV. Proposed MNVP case management procedures - If appropriate, discuss factors that inhibit the success of this objective and what changes, if necessary, will be made to meet the objective. Project attorneys will continue to resist pre-trial releases. Voters overwhelmingly rejected any proposals relative to new jail construct- ion. This situation will continue to impact this program objective. Form MN-3c : ' PROGRAM QBJECTIVES QBJECTIVE 4: To utilize reasonable prosecutorial efforts to ensure that the most severe authorized sentence is imposed upon a convicted defendant. I. Qf the ~,~ (number} of defendants with completed case prosecutions from January 1, 1990 to December 31, 1990 6 7 percent were convicted. 4 (nuarber) or 11 percent of the convicted defendants received the most severe authorized sentence. (Excluding enhancements, the one charge among sll charges filed which results in the maximum time allowed under the determinate sentencing law and not the time that a judge might impose using his/her own discretion). II. In FX 1991/g2 25 percent of all convicted MNVP defendants will. receive the most severe authorized sentence. III. Current case management procedures - Describe what techniques are currently employed to ensure that the most severe authorized sentence is imposed. Project attorneys argue vigorously for maximum sentences. Diversion tactics and C.R.C. commitments by the courts seriously erode these efforts. IV. Proposed MNVP case management procedures - If appropriate, discuss the factors that inhibited the success of this objective and describe what changes will be made to meet this objective. 170.6 challenges are being utilized in an attempt to get cases before judges who recognize the seriousness of major narcotics cases. r Form Mf~I-3d PROGRP,,M OBSECTIVES OBJECTIVE 5: Ta reduce the amount of time between the arrest and disposition of charges against a defendant meeting MNVP Program criteria. I. From ~'anuary 1, 1990 to December 31, 1990 the average amount of time between arrest and disposition for MNVP defendants was 308 days. The average amount of time required to adjudicate felony defendants in non-vertical units was 1 60 days. (If office-wide data is unavailable use a sampXe of felony cases.} II. In FY 1991/92 the average amount of time to adjudicate a MNVP defendant will be 300 days. III. Current case management procedures - Describe the techniques currently employed to prosecute MNVP cases. Explain haw these techniques reduce the time to adjudicate cases. Project attorneys attempt to consolidate actions in court and press for the nearest hearing dates, Realalistic plea negotiations are used to cases through the system. IV. Proposed MNVP case management procedures - If appropriate, discuss the factors that inhibit the timely disposition of MNVP cases and what changes will be made to meet this objective. The increase in project cases seriously impacts the amount of time to close cases. Changes in project attorneys has also resulted in increases in case closures as attorneys progress through narcotics familiarization and the attendant grant documentation. As these attorneys get more comfortable with narcotics cases, closure rates should improve. Form I~4N-3e PROGRAM p$,7'FCTIVES p$JECTIVE 6: To increase the conviction rate of MNVP defendants. I. Froth January 1, 190 to December 31, 199Q, 55 (number} MNVP defendants were prosecuted. Of this number charges against 33 percent of the MNVP defendants were dismissed, 0 percent were-found not guilty and ~^ percent were found guilty. This represents a 67 % MNVP unit conviction rate. The office felony conviction rate for this period was 7~1a/ (If office-wide data is unavailable use a sample of felony cases.) II. In FY 1891/92, 70 percent of the MNVP defendants will be convicted. III. Current case management procedures - Describe what techniques are currently employed to increase the ConviGtyon rate in MNVP cases. Project attorneys review initial cases and direct followup back to agencies when case deficiencies are noted. Project attorneys are now alerted to obtain pleas on counts in separate cases where there are. multiple charges in separate cases, sa there will be convictions reflected in each case. IV. Proposed MNVP case management procedures - If appropriate, discuss what factors inhibited the success of this objective and describe what changes will be trade to meet this objective. The current conviction: rate is attributed to several factors. (l) Overworked - too many cases. (2) Personnel turnover in project attorney assignments. (3) OCJP policy dealing with multiple cases on an individual defendant, i.e. one defendant is opened under the grant and is an bail/O.R. and committs another crime which meets grant r guidelines. This case is also opened under the grant. At disposition the defendant pleads to felonies in one case and the other is dismissed. ~'or stat purposes, under OCJP guidelines, this represents a 1 of 2 Form MN-3f cases, ar 50% conviction rate . ~ ~ `~ DESIGNATED STAFF/ROTATIONAL POLICIES DESIGNATED STAFF Provide the name and level/civil service classification for the following grant reimbursed positions and designated backup to grant position: Prosecutor{s): Lawrence R. Meyer Deputy District Attorney, N Grant Funded I00% of Time Investigators}: Burt Akins District Attorney Investigator, IT 100% Time Grant Funded 26% County Funded 74% Support Staff: Shirley Mitchell Lori Bentley Legal Typist Cierk Legal Steno County Funded 100% Time County Funded 100% Time Designated Backup Attorney: Wi~.~,iam Scott Deputy District Attorney, TV ROTATIONAL POLICIES Describe rotational policies effecting and influencing grant reimbursed staff: There are na rotational policies in place, or anticipated. The project assignments are for the duration o£ the Grant. A11 appearances are handled by the project attorney, except conflicting appearances, which are handled by the backup attorney. r Form ANN-4 ORGANIZATIONAL CHART Butte County District Attorney (MNVP Project Director) Co. Funded Chief Deputy (Criminal} Co. Funded Chief Deputy {Civil} Co. Funded Attorneys Co.Funded Attorney Attorney Attorneys {MNVP} MNVP Back (SAGA? Grant up and CAVP Funded (BINTF) Grant County Funded Funded COCA County Funded Attorneys Felony Trials County Funded Attorneys Misd. Trials County Funded Attorney Juv. County Funded D.A. Investigator (MNVP) Partially Grant Funded Legal Steno-clerk County Funded ADMINISTRATIVE RESPONSIBILITIES The Project Attorney is responsible for assigning cases to the proposed unit pursuant to the grant guidelines. The Project Attorney is responsible for assigning cases to the Project Investigator and reviewing those investigations for prosecution. The Project Attorney and Investigator wi11 prepare quarterly reports of the 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 Planning. Form MN-5 EVALUATION CONfPLTANCE ASStTRANCE The project will participate in the MNVP 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 telephone number of the person who will be responsible for maintaining the records. R.E. Peterson Name Chief znv./Adm. Title {916) 538-7610 (Area Code) Telephone Number Comment if you are conducting an independent evaluation. Farm MN-6 PLAN FE?R ASSIT~T~ON OF CASTS Every effort wi11 be made by the project director to insure the continued funding of the Major Yarcotic Vendor Prosecution Program after the grant period. The project directar 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 sou;ht from outside the County ~OVernliieRt i, the for,i~ OL gra:~ts from appropriate funding SOUrCeS ~ ~ot{"t public and private. It is anticipated that all program goals will be me*_, and that the success of the program will secure its priority with Butte County officials. ~'o rm MN- j OFr~ICE OF CRIMINAL nJSTICE PLANNING PRQPQSED AUDIT PLAN Applicant • BUTTE CaUN1'Y A. The attached Audit Information has been reviewed and the project Will have the required financial and compliance audit completed: (check appropriate box) [ ] On a grant-by-grant basis. [X] As part of the agency-wide audit with OC~'P grants detailed separately by supplemental information.- B. It is anticipated that the services will be obtained from:• Current~.y__~.n bid process _ (Name of Firm or Government Audit organization) {Address) (License Number} (Partner-in-Charge) (Telephone Number} C. It i.s estimated that the required audit report wzll be submitted to the OC,7P Audit Division on: • .7ar~larv 1993 Month Year A~ Q ~~~ Signature-Financial Officer . QCJP USE ONLY: Grant Award No. Input Date AS RC GS Form 641 (12/$6} .-. .: ~ - OFFICE OF CRIMINAL JUSTICE PLANNING AUDIT INFORMATION 1} Grant recipients will arrange for a financial and compliance audit in accordance with OCJP policy, and if applicable, with the Single Audit Act of 1984 (OMB Circular A-i2$}, Failure to comply with this requirement may result in the withholding of grant funds or termination of the grant award agreement. 2) Audits must be conducted at the conclusion of the project year. However, the OCJP audit may be included in the grantee agency-wide audit if the details of the specific OCJP grant(s) are shown separately by supplemental information. 3) Audits will be conducted by qualified state ar local government auditors or independent public accountants licensed by the State of California in accordance with the financial and compliance audit requirements of the Standards for Audit of Governmental Organi.xations Pro ems, Activities. and Functions published by the United States Genera]. Accounting Office (revised 19$1}. ~F) Audits will be comp~.eted na later than six months after the close of the grant period unless a time extension is preapproved by OCJP. All' grant recipients will submit the completed audit report to the OCJP Audits Division for review. ~} OCJP or its representatives will have access to all audit reports, audit working papers, correspondence or other documents related to the audit reports. OCJP performs quality control reviews of working papers of randomly selected grant recipients. 6) Payment by the grant recipient for audits may be made upon receipt of audit reports and znvoices from the auditors conducting the audit. 7) Audit programs will be provided by the OCJP Audits Division upon request of the project auditor. 8) OCJP reserves the right to perform audit examinations of any OCJP grant award. The person responsible for project data/reporting• Name: R.E. Peterson Title: Chief Tnv./Adm. Address: Butte County District Attorney 25 County Center Drive, Oravill.e, CA 95965 Telephone Number: ( 9I~ 53$-7610