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HomeMy WebLinkAbout91-040.. ~sf~ti:S.~R! _ _.. V. 1, P BOARD OF SUPERVISORS ~* ~,~, I *4 COUNTY OF BUTTE, _STATE OF CALIFORNIA ~ •R.• +t,~U,.~~~* Resolution Na.9I-40 tsraa~~+ RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS SUBMITTING APPLICATION FOR A GRANT UNDER THE CHILD ABUSER VERTICAL PROSECUTION PROGRAM WHEREAS, the Butte County Board of Supervisors desires to undertake a certain project designated "Child Abuser Vertical Prosecution Program" to be funded in part from funds made available through State general funds as authorized by Assembly Bill 33 (Chapter 1097, Statutes of 1985), 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 or 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 FURTIIER 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 2nd day of April, 1991, by the following vote: AYES: Supervisors h9cInturf, Campbell, Fulton and Chair Dolan NOES: None ABSENT: Supervisor McLaughlin ~ J NE llOLY~N, Chair of the tte ounty Board of Supervisors ATTEST: WILLIAM H. RANDOLPH Chief Administrative Officer and Clerk of t Board By lG-~- ~-- . O 'CE OF CRIMINAL JUSTICE PLANNIN OCJP A3O1 GRATIT PROPOSAL/A4~ARD FACE SHEET The Office of Criminal Justice Planning, hereafter designated OCJP, hereb~• manes a grant award of funds to { 1) _ Bait to Count _ hereafter designated Grantee, in the amount and far the purpose and duration set forth in this grant award. Note: If name exceeds 30 characters indicate below the abbreviated name for warrants: (2) NIA (3} Project Title {60 character maximum) {6) Award No. Child Abuser Vertical Prosecution Progr ~~ 9/Q,~ ~Q-~Q {4) Project Director Telephane} {four Ma.chael L. Ramsey Butte county (Name, Title, Address, (7? Grant Period lines maximum) July 1, 1991 - June 30, 1992 District Attorney {$} Federal Amount 25 County Center Drive, Oroville, CA (916) 538-7411 95965 {5} Financial Officer (Name, Title, Address, Telephone) {four lines maximum} David A. Houser, Auditor-Controller Butte County 25 County Center Dr., Oroville, CA 95965 (916) 538-7607 ~/~ ... 4} State Amount . $119,444 (10} Cash Match N/A (11) In--Kind Match ~ ~ """"' ~~~_, _.. _._ ,_ NIA ' (12} Total Project Cast 9 , 444 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 forms which are 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 Application for Continuation Funding and the OCJP Grantee Handbook, FOR OCJP US£ ONLY Item: ~f~~--~~/~~~~~ Chapter: //~/y~ PCA No .: ~~ ~~ Component Na .: ~~.J~~ ~~!/ Amount :~~~y ~'~`7`~ Split Fund: Split Encumber: Year: ~~/~~ Match Requirement: ~~'r~ Fund: {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 Telephane: C916) 538-7224 Date: April 0~5, 1991 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purposes o~ this exp~diture stated above. ~~ W ~t cal f cer, OCJP ~~ r , ,~ •- f C ve ~~~C~f~~'L~ e h If eondiiion~or sx• Pro am: emptiort ave 6oen compfied with, and ~~~~ Phis conhact is pxefipf frcm fl+~artmenY Region: !• of General Services zpproral, ctar, OCJP ~ Date State of California Office of Criminal Justice P1dMtng 1130 "K" Street, Suite 300 Sacramento, Cali#arnia 95814 .TATS OF CALIFgRNIA DRUG-FREE WORKPLACE CE. ~FICATION sTn. 2~ ~NE•w ~ y-say . coMaANYroaGANIZATIONHAME - BUTTE COUNTY D25TRICT ATTORNEY - CAVP SP91030©40 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: r ~`~ I.. Publish a statement notifying employees that unlawful manufacture, ; distribution, dispensarion, 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(a). _ 2, Establish aDrug-Free Awareness Program as required by Government Code Section $355(b}, to inform employees about all of the following: (a) The dangers of drug abase 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 Section 8355(c), that every employee who works on the proposed contract or grant. (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. CERTiF1CATtON ' I, the official named below, hereby swear that Y axn duly authorized legally to bind the contractor or .grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. gFFICIAl:S NAME - MICHAEL L. RAMSEY WILLIAM H. RANDOLPH DATE EXECUTED EXECUTED IN THE COUNTY OF June zy, 1991. Butte CONTRACTOR a GRANT IR S 7U ~~ ~ "'~'~ Butte County Butte County Di trict Attorney Chief Administrative Officer FEDERAL I.O. NUMBEa __ N/A SA~PI~E Statement 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 8355{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 and carelessness. Substance abuse also results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and interferes with the job performance of employees who do not use illegal or unauthorized substances {Section 8355(b}{1}). California law also prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to ali places and includes the worksite of California state employees (section $355(a)}. 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 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 $355{b)(4}). The State Employee Assistance Progratu {EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services (Section 8355{b)[3}). The EAP is available to all State employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office far further information. It is the intent of the Office of Criminal Justice Planning to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement {Section 8355{c))• OFFICE OF CF?IMINAL JUSTICE PLANNING ASSURAI4CE OF COMPLIANCE EQi3AL E1-IPLOYNiEh"T OPPORTUNITY By signing the Grant Proposal,/Award Face Sheet (OCJP A301), EEO Certification (OCJP 192} where applicable, including this Assurance of Compliance Form and submitting the application to the Office of Criminal Justice Planning {OCJP), the applicant acknowledges awareness of and the responsibility to comply with the following: 1. California Fair Employment and Housing Act (FEHA) and Implementing legislations, California Administrative Code. Title 2, Division 4 Fair Employment and Housing Commission. 2. California Government Code Article 9.5, Sections 11135-11139.5 and Implementing Regulations. California Administrative Code. Title 22, Sections 98000-984].3. 3. Title VI of the Civil Rights Act of 1964. ~. Title V, Section 504 of the Rehabilitation Act of 1973 (29 USCS Section 974) and Federal Department Regulations on its implementation; Government Code Section 4450, et. seq. 5. U.S. Department of Justice Regulations, 2$ CFR Part 42; Equal Employment Opportunity; Policies and Procedures. {Note: For federally funded projects only) 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 s.n which real or personal property, purchased with grant or matching funds is ased after the grant ends. All 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 withholding of grant funds by OCJP. ocJP 193 (Rev. 3/9~} OFFIGE OF CRIMINAL JUSTICE PLANNING PROJECT SERVICE AREA INFORMATION 1. U.S. CONGRESSIONAL DISTRICT{S): Second 2. STATE SENATE DISTRICT 5 Fourth ~-, 3. STATE ASSEMBLY DISTRIGT (S}; First and Third ~+. COUNTY OR COUNTIES SERVED: - Butte 5. FOFULATION OF SERVICE AREA: 182,500 OFFICE OF CRIMINAL JUSTICE PLANNING PROJECT CONTACT INFORMATION Applicant: Butte County Implementing Agency: Butte Count District Attorney's Office {if applicable) Project Title: Child Abuser Vertical Prosecution Program Grant Number ~ 0 ~U 'f ~ {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: Ta be designated by D~.strict Attorney Title: Deputy District Attorney Address:, 25 County Center Drive Oroville, CA 959&5 Telephone Number: { 91~ 538-741.1 2. The Executive Director of a non profit organization or the Chief Executive Officer (e.g., Chief of Police} of the implementing agency: Name: Michael. L. Ramsey Title: District Attorney Address: 25 County Center Drive Oroville, CA 959&5 Telephone Number: { 9iE~ 538-7411 ~. The Chair of the Governing Body of the implementing agency: Name: ~7ane Dolan Title: Chair, Butte County Board of Supervisors Address: 25 County Center Drive Oroville, CA 959&5 Telephone Number: ( 91$ 538-7224 4. The person responsible for the project from the applicant agency: Name: Bob Peterson Title: Chief Triv./Administrator Address: 25 County Center Drive Oroville, CA 959&5 Telephone Number: .( 91$ 53$-7610 5.. The Ghair of the Governing Body of the applicant agency: Name: Jane Dolan Title: Chair, Butte County Board of Supervisors Address: 25 County Center Drive Oroville, CA 959&5 Telephone Number: (glbl 538-7224 .5 ~. h :'... f ~~' :~. •. ,n...: ~'. F~ ': ~ :~: >~. :;~; ~'~, ~~~~i < _ 1„ ;,, . i .i i ~1:. . i,..~ v. i~~~}Yvr~ -^ ~ Y I ,,yM i }, `i ' ~ F ~•. ~:~~ ~ , ~~ ~ Resa~ution No.91-ao RESOLUTION OF THE BUTTE GOUNTY BOARD OF SUPERVISORS SUBMITTING APPLICATION FOR A GRANT UNDER THE CHILD ABUSER VERTICAL PROSECUTION PROGRAM WHEREAS, the Butte County Board of Supervisors desires to undertake a certain project designated "Child Abuser Vertical Prosecution Program" to be funded in part from funds made available through State general funds as authorized by Assembly Bill 33 (Chapter 1097, Statutes of 1985), administered by the Uffice of Criminal Justice Planning {hereafter referred to as OCJP}. ' NOW, THEREFORE, BE TT 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 or amendments thereof., TT 15 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 2nd day of April, 1991, by the following vote: AYES: Supervisors Mclnturf, Campbell, ~ulton.and Chair Dolan . NOES : Hone ABSENT:-Supervisor FfcLaughlin• ~ J NE DULYlN, Chair ox trie ~' tte ounty Board of Supervisors ATTEST: WILLIAM H. RANDOLPII Chief Administrative Officer and Clerk of th~ Board ' ~~:~GOING li•r.STRUiJE,"•ST i5 A OrJRR~CT CGr~Y QF TFIE ORIG;rJ ~r CP! F1L~ /1i;IQ Qr ~ ;~Q:, ;0 rig; 7i-cIS OFFICE. A7TlrSl" Dr` ~ ~ A?R U 5 199! Nl1LUP1d H, f1ANpQ1:'F{ C'o:;4 nr r 'o ~ ~~ff or (;::r,,rr'surs ' ~ i ..uli.urnlq ~Y OCPUTY 7 TJ t~i~+ { 7f ~ ~ ~•/La~~i~~li ~'T{~ ~~r ~+~~ jlr~,1 ~ ~ ~y`C~ ~~ ~ r ~. i t di ! ~ ' ' ~ ~' r~ , ~~ ~ _ l i r L r ~ T f Ti{3 ~~ ~ . ~ ~} y ,~ -rl ~ , r n '+ l l-~ ~:t ? ~ ~ ~ ti ~ j 1'l i r i ?~ 1~- n ti ~-~ . ~4 IY f ~1-- 7..-- t h1 x~. 3 ; r S ~ ~ 1.9t { ~ F t ti. ~ ~ ~ .a r Y ~;r. ltJ`~~. 11 :i16,~~4 ,f/~ ~, r, it iY ry.L ~o31+~ ~1:,, ~.} . 4} 'rR' y~ ~ ~ .. . 3t~-e+: ~: 7 . ': ~. ... t t.'~; •.t: ': ~.~ F .. .~' ';„ .~ ~•yd ~ S.. ~ S- ,,~. ri,; ~ F OE~ 'E Off' CRTb12h~AL JUSTICE PLANNING EL'DGL'T CATEGORl' ADD LINE-ITEM DETyIL COST A. Personal Services - Salaries Pro 'ect Attorne Y One Deputy }7istrict~-Attbrney IV $4,387.00 per month @ 100% tide x 12 months $ 52,644 The Project Attorney is responsible for prosecuting CAVP cases and directing the activities of the Project Investigator and clerical support. The Project Attorney reports to the Chief Criminal Deputy District Attorney. Project Investigator One District Attorney Investigator II $2,856.00 per month @ 100% time x Z2 months {$34,272.00 @ 76.7%) ~ $ 26,287 This experienced Investigator will have primary responsibility for the investigation and coordination of all CAVP cases with the Project Attorney. TOTAL $ 7$,931 oc.rP A3o3a OF,.. .E QF CRZT1IAiAL JLTSTYCE PLAIdT~'I~tG BLTDGET CATEGORY A:~D LI?vE-ITEM DE'T'AIL COST B. Personal Services - Employee Benefits One De t District Attorne ~ (Salary - $4,387.00 per month) Social Security $335.61 per month x 12 months (7.65%} $ 4,027 State Comprehensive Insurance $18.83 per month x 12 months {.26%} 226 Health Insurance $396.75 per month x12 months 4,761 Unemployment Insurance $43.83 per month x 12 months (1.0%) 526 Life Insurance & Employee Counseling Expense $10.58 per month x l2 os. 127 *Public Employee Retirement System $622.00 per month x 12 months 7, ,~6~ (7.179% + 7.00%) $ 17,131 One District Attorney Investi~a.tor II {Salary - $2,856.00 per month} Social Security $218.50 per month x 12 months (7.65%) 2,622 State Comprehensive Insurance $413.58 per month x 12 months {14.48%) 4,963 Health Insurance $396.75 per month x 12 months 4,761 Unemployment Insurance $28.58 per month x 12 months (1.0%) 343 Life Insurance & gnployee Counseling Expense $1.00 per month x 12 mo 12 ~~.b1ic Employee Retirement System $890.D8 per month x 12 months 10,681 (22.165% + 9.D0%) $23,382 *Butte County's cost for P.E.R.S. includes the employee's (9.00%) contribution which is paid for by the County. Thzs contribution is shown as being in addition to the costs of County contribution. TOTAL $40,513 OCJP A303~ OF''~~'E OF CRIMINAL JUSTICE PLANNING BUDGET CATEGORY AND LINE-TTE?~; DETATL COST C. Travel " One maz~.datory O.C.J.P. ~'aining/Meeting session during Grant pera.od,-fit -O- County expense. The applicant will use state travel policy. The applicant will us a travel policy other than the state's. The applicant wi11 use the written policy of Butte County which is more / ~ restrictive than the state's. {circle one} TOTAL --0-- OCJP A303c OFF' OF CRIMINAL JUSTICE PLANNING acJ~ A3o3a OFF' ' ~' OF CRIPI2NAL JL'STICr. PLANNING BLDGET CATEGDAF Ai~'D LINE--ITEM DETAIL COST E. Operating Expenses A11 operating expenses wi~1 be provided by Butte County. -0- TOTAL -0- OCJP A3Q3e OFF" "~ OF CRIh3INAL JUSTICE PLANhTING BC:DuET CATEGORY AN'D LINE-ITEtif DETAIL COST F. Equipment No equipment requested. WO- CATEGORY TOTAL ~- PROJECT TOTAL ~ $ 119,444" FTdND DISTRIBUTION FIDERAL STATE CASH MATCH IN-KIND MATCH a. Amount of Funds XX $ 119,444 XXXxxxXXXXXXxx xxxXXxxxxxxxxx b. Percentage of Funds XXXXXXXXXX3:XXXXX 1QQ% XXXXXXXXXXXXXX XXXXXXXXXXXXXX OCJP A3O3f OFFICE OF CRIMINAL 7USTICE PL .SING OTHER FU!~DI?r'G SOURCES CAVP 1991-92 BUDGET CATEGORY' GRAIr'T OTHER PROGRAM FUNDS* FUT'DS TOTAL Personal Services - Salaries $ 78,931 $ 66,222 $ 145,153 Personal Services - Benefits 40,513 12,151 ,52,664 Consultant Services -0- 10,000 10,000 Travel -0- 6,500 6,500 Operating Expenses -0- 14,500 14,500 Equipment -0- 15,000 15,000 TOTALS: $ 119,444 $ 124,373 $ 243,817 * Use only the grant funds identified in the preceding budget pages. OF.TCE OF CRIMINAL JUSTICE PLANNIT PROJECT SUMMARY' Z. PROJECT YEAR 2. PROJECT TITLE - New ~ - Year 2 ~ Child Abuser Vertical Prosecution Program • Year 3 Other : 3. APPLICANT Na~ae: Butte County Phone: (916) 538-7224 Address: 2S Cacmty Center Drive Oroville, CA 95965 4. IMPLEMENTING AGENCY ~ 5. NU1++~ER OF CLIENTS TO Name: Butte Cotmty Phone: (916) 538--7413 BE SERVED: ' District Attorney _~ Address: 25 County Center Drive , Oroville, CA 95965 ~ 85 ' 6. PROGRAM DESCRIPTION ~ B.~tte Canty GAUP Project will rEt-~ir~Y 'j. FUNDS REQUESTED: proeeauGe all S/A cages ~~ the victims are indPS 18 years arri the - t~ fall. wi.~rin 1ll65.1(a)PC. the Pao ject' Ater zeviews arl files S 1I9, 444 CAVP rases, atterr3s a11. axn-t ~rPS, asYahl; ~ rat 'with ~. victims . arri n~ victim adt70Cdcy refeErals arid. rrrm~r ~,; cafes with the ~~ Atto~cy. Piv jest is avail.ah-f e to ~ ~abei~r ass~.st~ioe tie Attas~ey ~gd~s aid ir~stigat~es oa~ty ire-family C5A cases. :. $ . PRi]BLEM STATEI+'fENT ~ . In 1990, the rnmrber of Child SeXE]al Assault (C,S.A.) cases rose from 84$ referrals in 1989 to 1,0$9 referrals. The project projected that 40 cases would be prosecuted. Aft three quarters thirty seven cases have. been completed. The projected time of case completion was 210 daps with the actual average ccmpletion time being, 136 days which is a significant reduction. With the significant increase of referrals and more cases filed than was projected it is essential that the~CAVP project in Butte County rp,r,a;,, intact. 9- OBJECTIVES The objective of the CAVP Project in Butte County is to file 75 cases and complete 60 of those cases with an average completion tame of 175 days and attain a 75~ conviction rate. The projected Fnm:ber has increased significantly due to the expansion of the project parameters from~prosectatiag cases with victims tinder l4, to cases with victims under 18. The cases will be~vertically prosecuted, thus reducing inappropriate pretrial re~.ease of defendants while reducing trat~a. the project will also strive to charge applicable enhancements and obtain the most severe sentence for the most serious offense. - 10. OPERATIONAL AGREII~NTS - Project agrees to update Operational Agreements required in app~.ication for continuation funding. DLJP 22'~ (Re.. 1/91 ~1. ACTIVITIES o date, the reduced caseload coupled with the specialized training of the project ttorney allows for more timely reading and filing of cases. The Project anticipates his continued timeliness, as well. as providing for the project attorney to attend most ourt appearances. The attorney's presence at the appearances will continue to provide ssurance that pretrial release motions and bail reduction motions be argued when pplicable. The victim trauma will continue to be ?nin-imized through speedier case com- letion, which will also serve to increase the conviction rate due to the fresher re- ail of the victim. Vertical prosecution will also insure that appropriate enhancements re charged and statements in aggravation filed resulting in the most severe sentences. iz. EVALUATION e Project staff will evaluate the project performance using the statistical data ompiled at the end of the project year. During the year the quarterly reports will be sed to gauge whether any adjustments are needed in order to meet the Project objectives ~.~. CURRENT INCDNIE, PROJECTED BUDGET E Personnel Travel Consultant Operating Equipment TOTAL & Benefits Services Expenses Funds Requested 118,444 -0- -0_ -0- •-p- 119,444 Other Grant Funds Other Sources (In-kind,fees etc. List.) Butte county 78,373 6,500 10,000 14,500 15,000 124,373 14. NAME a~ RESParrszsz.~ ~ CI Signature: Date: Aril 23 1991 Typed Nape: MLCHAEL i,. RAMSEY T~.t1e: District Attorney/ • Project Director DCJP 227 (Rev. 1/91? SiJNlMAR'Y 0~' PRiOR YEAR' S ACCOHTPLISHI~"lElv"T5 ITEi~3 NL3MBER Child abuse cases reported to CPS in 1990 51~i7 Child sexual abuse cases (CSA) reported to CPS in 1990 1089 Child abuse cases reported to law enforcement in lggb 31 ~ 3 * CSA cases reported to law enforcement in 1990 1089- CSA cases referred to DA's office and reviewed for possible filing 68 CSA cases qualified ~ CSA cases accepted/filing for felony prosecution _/~{L CSA cases taken to trial 2 CSA cases completed 37 _.. .. Number of CSA cases prosecuted using "true" vertical prosecution 22 * Number of CSA cases 'prosecuted using "unit" vertical prosecution 11 Prosecutors in unit (including nan-grant funded personnel)' 2 . Average caseload of unit prosecutors 27 Average caseload of CAVP project prosecutors (grant funded only} 27 Average felony caseload officewide of non-unit prosecutors 115 Total {CSA) defendants prosecuted 37 Total (CSA) defendants convicted 28 Conviction rate (;G) on most serious charge 86 0 Officewide conviction rate .(x) far felony cases 75% - Overall conviction rate (h) far CAVP cases 7b * Based on three quarters only 0/1/94 - 3/31/91) * Includes three cases prosecuted using major stages prosecution Form 4a Objective One: To utilize reasonable prosecutorial efforts to resist the pretrial release of a charged defendant meeting the CAVP Program criteria (999u[a))• I. Current case management procedures: (Describe how CSA are now handled a.n your office; who is responsible, what techniques are employed to resist pre-trail release & how effective are they? Discuss factors that inhibit success). The Project Attorney ar backup attorney currently appears at all hearings, including pre-trial release hearings (bail reduction motions, or applications)' to resist inappropriate releases by providing informal recommendations to the court and assist the court in suggesting conditions of release. Also the Project Attorney is in communication with CPS and law enforcement at the time of arrest and gives initial direction to law enforcement regarding bail increase affadavats. ~ ' II. Proposed CAVP case management procedures: (Describe what changes, if necessary, will be made to meet this objecti.ve). The Project Attorney wall continue to appear at all hearings and argue against inappropriate pretrial release. The Project Attorney will'~also utilize the .,... ,. formal 1275PC motion where applicable, including cases where .the defendant may have drug sales connections. IIZ. Anticipated accomplishments: a. Projected number of cases to be completed by the CAVP project 6D . b. Prajected number of defendants to be prosecuted by CAVP 46 . c. Projected number/percentage of defendants to be held in custody at trial l4~ / 24 ~;, d. Projected number/percentage of defendants not held in custody at trial 46 / 76 Y , e. Projected number/percentage of defendants on wham a bail increase will be requested 21 /35 ~, . f. Projected number/percentage of defendants on whom a bail increase to be granted 2l / IDD x . . Form 4b Objective Twa: To increase the rate of convictions in CAVP cases: I. Current case management: (Describe what techniques are currently employed to increase conviction rates in C5A cases. Discuss factors that inhibit success). The reduction ~ caseload allows the Project Attorney greater tune to provide law enforcement guidance coordination between agencies, and particulary enhances the quality of case preparation and filings. The Project Attorney has more effectively monitored case progress and has irritated pre-filing interviews on cases he questioned. Overall, the Project Attorney has more aggressively and comprehensively prosecuted CSA cases. II. Proposed CAVP case management procedures: (Describe what changes, if necessary, will be made to meet this objective). The Project Attorney will meet with victims on questionable cases prior to £ila.ng to pre-determil~e the strengths and wea~messes of the cases. 'T`his closer scrutiny of cases prior to filing will assist in increasing conviction rates due to more realistic filings and greater plea bargaining position. The current case management, as described above, will continue due to its"~proven success rate. IiI. Anticipated accomplishments: a. Projected percentage of defendants to be convicted on any charge ~~• b. Projected percentage of defendants not convicted on any charge c. Number/percentage of defendants to be convicted on the most serious charge filed {no projection). 16/26% d. Number/percentage of cases to be tried which will result in a conviction an any charge (no projection). 46176% Form ~C Objective Three: To utilize reasonable prosecutorial efforts to ensure that the mast severe authorized sentence is imposed on a convicted defendant. I. Current case management~pracedures: (Describe what techniques are currently employed to ensure that the mast severe authorized sentence is imposed. Discuss factors that inhibit success). Statements in aggravation have been utilized where appropriate with the Project Attorney or backup appearing at all sentencings. The Project Attorney and investigator encourage the victim and family to provide a written and/or verbal statement to the court. The Project Attorney charges and r:aintains applicable enhancements when appropriate. The main factor that appears to inhibit success is the impact that prison overcrowding has on the 1203.03 reporters who than recommend probation and local time on marginal cases. II. Proposed CAVP case management procedures: (Describe what changes, if necessary, will be made to meet this objective). Continued aggressive charging of enhancements and greater utilization of the resident molest charge (288.5PC) as the necessary time burdens are met. Also, closer scrutiny of the charges and past criminal history in order to utilize the 667.51(a}PC enhancement. The more realistic filing will give the Project Attorney a better plea bargaining position which should help to insure convictions on the most serious charge and allow arginnent for the most severe sentence. ISI. Anticipated accomplishments: a. Number/percentage of defendants sentenced to death, life, jail, prison, CRC, probation without custody, or diversion (no projection) ~~ b. Projected percentage of defendants to be convicted of the most serious charge and receive the most severe sentence 35% . c. Projected percentage of defendants not convicted an the most serious charge, yet were convicted on lessor charge(s) and sentenced to the most severe sentence for the most serious remaining charge ~_. d. Average length of sentence of those defendants convicted an any charge (no projection). 96 Months Form ~d - Objective Four: 7v'a reduce the amount of time between the arrest and - • - d.a.sposition of•charges against a defendant meeting CAVP Program criteria (999u(c)). ~ - • -~• I. Current case management procedures: (Describe what techniques are currentJ.y emgloyed in prosecuting CSA case & its impact on the time to • adjudicate; what is the average leng;,h of time to complete a CSA case; what are the factors that inhibit the timely disposition of the cases)? The Project Attorney is current an filing cases and thus, is able to review a submitted case for filing determination within two days of submission. The - attorney argues against continuances and insists on the statutory right to • ~ proceed with CSA cases before other cases. The projected length o:f time to complete a CSA case is 175 days, but the average case completion in the last 3 quarters is 136 days. The inhibitions encountered are the court continuances and 'overload on mental. health in completing 288.1 orders. I2. Proposed CAVP case management proc~dures:~ (Describe what changes, if necessary, will be made to meet this objective}. The-Butte County CAVP Project believes that the time needed to complete a 288.1 order should be deleted from the ^~erall case disposition time. The Project will continue to abject to the 288.1 PC-orders when not mandated. III. Anticipated accomplishments: a. Projected average time for case completion, .175 days. b. office average time to complete non--vertically prosecuted felony Cases, 24D days. c. Average number of days a defendan~'s case is continued/stayed due to requests by the defense, court or prosecution {no projection). 45 • Form 4e Objective Five: To utilise all reasonable prosecutorial efforts to vertically prosecute C~iVP cases ~g99s): • - - ='--I. 'Current case management procedures:-'. (Describe how CSA-case are -now--' `" ~•-- . handled in your affice,•wha 3.s responsible at•what stag, are cases -- handled vertically or non--vertically, what investigative support exists; - what factors inhibit vertical prosecution}? The Project Attorney reviews all CAVP cases, unless he is absent due to vacation or illness. On those occasions, the backup attorney reviews the submitted case. The Froject Attorney remains responsible for all stages of the case and is responsible for assuring major stages unit prosecution in his absence. Project investigator is available to provide whatever assistance the attorney requires and investigates county in-family CSA cases. The only factors tkrat inhibit vertical prosecution are mutual court conflicts experienced by the Project Attorney and backup. 2T: Proposed CAVP case management procedures :• (Describe what changes. if - - necessary, will be made to meet this objective}. - The Project Attoraep will attempt to anticipate appearance conflicts and elicit defense.couasels' cooperation-in rescheduling a major stage event. III. Anticipated aceomplishments: a. Projected percentage of defendants to be prosecuted using true vertical prosecution 3b /bf~ x. b. Projected percentage of defendants to be prosecuted usi^g major stage 'vertical prosecution _,~-/~~r. c. Projected percentage of defendants tv be prosecuted using unit vertical prosecution I5 /25 x. d. Projected number and percentage of defendants to be prosecuted using non-vertical prosecution p / p x. . e. Projected percentage of cases to be vertically investigated by CAVP investigator(s)- lDp~• . Form ~-f . Objective Six: To .reduce the~CAVP prosecutorls and invest~.gator's caseload _ I. Current case management procedures: (Describe current setting of --- -- -~-.--. ---- -- - prosecutors & investigators caseload; what. is their average caseload - monthly;,what factors prohibit Zimiting their caseioads}? The Project Attorney has had an average caseload of 28 cases and the investigator 20 cases. The Project has limited its own cases by establishing the parameter that the victim must be under 14 years of age. The office caseload has increased to 115 cases. IT. Proposed CAVP case management procedures:- (Describe how office procedures will be modified to ensure reduction of caseload of CAVP prosecutors & investigators; indica~~e what criteria will be used for limiting cases accepted by CAVP project to ensure meeting this objective). - The Project is proposing to expand its caseload to 3S cases and parameters to victims under 18 due to its success in increasing its conviction rate and reduction of time to complete a case, The Project believes the expansion of the Project parameters will izz no way defeat the goals of the CAVP project. The project-also believes it will continue to meet objectives of the CAVP program. . SS2. Anticipated accomplishments: a. Average office caseload, in lg8g/g0* on non--vertically prosecuted felony cases ~ ~ 5 . b. .,Average project caseload, in ig8g/g0 ~~. c. Projected caseload far 1990/g.1 for prosecutors} 35 and investigator{s} ~0 , d. The officewide ratio of investigators to prosecutors, 1/5 (investigators) to __-l/1 (prosecutors}. . e. Projected ratio in 1990/g1- 1 investigators to prosecutors 1 ~ 1 year data acceptable, indicate time period which must be~recent. Form ~}g Objective Seven: To reduce the trauma to child victims during all trial ' ~ stages including investigation, preparation of witness(es), preliminary hearing, trial. proceedings, disposition and sentencing: I. Current case management procedures: {Describe what approaches are being • _ utilized to accommodate the child victim at these stages; describe specialized techniques being utilized in the courtroom; indicate at what stage support services are involved - V/W referrals, etc.) The Project continues to encourage joint CPS/law enforcement response on victim in~views in.orrler to .reduce trarnma to the child. The social. worker and victim witness person is requested to be present at hearings with the child and ,appropriate victim support programs are recommended. I~ II. Proposed CAVP case management procedures: (Describe any new approaches which will be implemented to meet this objective).~~ The Project has implemented the use of hearsay testimony pursuant to Prop- osition 115, which negates the required presence of~the victim at the pre- limi,azary hearing. More recently, the Project has requested that all law enforcement child victim interviews be video-taped with the goal of using the video taped interview at the time of prelim. This step eliminates a second • pre-prelim video taped interview by the Project Attoxx~.ey. • III. Anticipated accomplishments: a. Project number of child victims to be handled by the project 85 b. Projected number and percentage of referrals to be made to other agencies for victim support services during legal proceedings g5 / loa y.. c. Projected number and percentage of referrals to be made to other .agencies for victim support services after legal proceedings ' ~_/ 100 d. Projected number of contacts with the child victim/witness and/or family, 1 per case. e. Projected number of child abuse council(s) and sexual assault related meetings to be attended ~_ quarterly. DESIGNATED STAFF/ROTATIONAL POLIGIES/TRAINING PLAN A. DESIGNATED STAFF Prosecutor(s): To Be Assigned ~ ' Deputy DistrictAttorney IV - :. . _ ...... ... .. . .-~- ... ,.. ...- ... . Grant= F~mded 100% Time Investigator(s): To Be Assigned District Attorney Investigator IZ Grant F~.mded 100% Time Support Staff= Shirley Mitchell - Legal Stenographer Clerk -~ County P<znded 100% `lime - - Designated Backup Attorney: To Be Assigned Deputy District Attorney TV County tended 100% Time * IF staff to be assigned to CAVP project have not yet been identified, indicate level/civil service classification and projected hire date. B. ROTATIONAL POLICIES There are no rotational policies izz place, or anticipated. The project assignments are for the duration of the Grant. All appearances are handled by the Project Attorney except conflicting appearances which are handled by the Designated Backup Attorney. C. TRAINING PLAN The project attorney and/or investigator will attend mandatary OCJP training . and any other training that budgetary constraints allow. AUDIT INFORMATION . 1. The grant recipient will arrange for a financial audit/financial related audit [as defined by the Government Auditing_St_and_ards {GAO Standards}~ for each grant in accordance with OCJP Policy. If the grant recipient receives federal funds, the Single Audit Act of 1984, Office of Management and Budget Circulars- (OMB} ~ A-1i0, A-12$ or A-133 and subsequent -circulars ~- -:- -- - --- should be considered in_-securing the audit.. NOTE: To determine if you receive federal funds, refer to your grant award face sheet, item #(8). 2. Audit reports must be completed and submitted to the Audits ~}ivision no later than six months after the close of the grant period. Requests for time extensions of the report due date must be submitted in writing to the Audits Division for approval. 3. The audit shall be made by an independent auditor (qualified state or local government auditors or independent public accountants licensed by the State of California) as defined i+n~Chapter 3, Paragraphs 11 through .25 of the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions (GAO Standards), promulgated by the Comptroller General of the United States {1988 revision}. ~}. The audit must be performed in accordance with the financial audit (financial related audit) requirements of the GAO Standards published by the United States General Accounting Office (revised 19$8}.~ In addition, the auditor must consider provisions contained in the OCJP Program guidelines, grant award, and the OCJP Grantee Handbook. 5.' If the audit covers the entire grant period, then the CPA/Auditor must audit to the Final Request for Funds and Report of Expenditures Form OCJP 201 submitted by the grant recipient. If the audit does not cover the entire grant period, then the CPA/Auditor must audit to the Form OCJP 201 which corresponds to the audit cut-off date. The auditor should include a copy of the Form OCJP 201 which was audited. . 6. Organizations which are required to procure annual single audits in accordance with the provisions of the Single Audit Act of 1984, and OMB Circulars or who elect to have an organization-wide audit may include. the OCJP grant(s) in their single audit or organization-wide audit. The grant recipient must ensure that all of the grant funds are included in the audit. For example, if a grant is funded by both federal and state funds, the auditor must include the revenues and expenditures for both funding sources in the schedules. The State portion of the grant cannot be excluded when preparing the financial schedules. 7. revenues and expenditures for each grant must be shown separately in the audit by supplemental information. Expenditures must be reported by expenditure categories (i.e., personal services - salaries, personal services - benefits, travel, consultant services, operating expenses, and equipment). Each grant must be identified by the grant award number. Audit information Page 2 . If the organization secures .a single audit or an organization-wide audit and the expenditures are reported in total and not by expenditure ~. categories, variances between the audited expenditure categories, claimed -categories- (reported on farm OCJP 201) , and- the budgeted categories must ~ ~" ~ - _-~ be disclosed in the audit report far each grant. 8. If the grant has a match requirement (cash or in-kind}, the report must identify the revenues and expenditures made to meet the match requirement in the financial schedules or notes to the financial statements. 9. Project income generated through or as a result of the OCJP grant funded project must be reported. Expenditures made from project income must be shown in the financial schedule. This should be reported as a separate Line in the financial schedule and not be combined with OCJP grant payments received and OCJP grant 'expenditures. ~ - 10. The grant recipient must ensure that the entire grant period is audited.• If the single audit or organization-wide audit does not include the entire grant period, then the grant recipient is required to secure an audit covering the remaining grant period. The remaining grant period may be included in the organization's subsequent single audit or organization- wide audit. If by including the remaining grant period in a subsequent . audit, the audit will not be completed and submitted to the Audits Division within six months after the close of the grant period, the project must submit a request for time extension (as indicated in number 2 above}. 11. OCJP or its authorized representatives have access to all audit reports, audit working papers, correspondence, or other documents related to the audit reports and grant award. 12. Audit reports submitted by qualified state and local government auditors and independent CPA firms are randomly selected for a quality control review of the CPA/Auditor's working papers. The CPA/Auditor will be notified when a review will be conducted.' 13. OCJP reserves the right to perform audits or reviews of any grant award at any time. 1~}. Audit programs, internal control questionnaires, and sample audit reports will be provided by the Audits Division upon request of the project or the CPA/Auditor. 15. If the project does not comply with the audit requirements, grant award conditions may be placed to require the project to comply. Subsequent grant awards may be terminated.