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BC?ARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
~csolufic~n Nti. 97-loo
STATUTORY RAPE VERTICAL PROSECUTION PROGRAM
RESOLUTION OF THE GOVERNING BOARD
WHEREAS, Butte County desires to undertake a certain project designated Statutory
Rape Vertical Prosecution Program to be funded in part from funds made available through the
Statutory Rape Vertical Prosecution Program administered by the Office of Criminal Justice
Planning (hereafter referred to as OCJP}.
NOW, THEREFORE, BE IT RESOLVED that the District Attorney of Butte County is
authorized, on its behalf to submit the attached proposal to OCJP and is authorized to sign and
approve on behalf of the Board of Supervisors 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 FURTHER RESOLVED that grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
I hereby certify that the foregoing is a true copy of the resolution adopted by the Board of
Supervisors of Butte County in a meeting thereof held on the 12th day of august ,
1997, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis
NOES: None _
NOT VOTING: None
ABSENT: None
~.,
,. ~ ,
__.--
.- ~ t
FRED C. DAMS, Chair
Butte County Board of Supervisors
ATTEST:
JOHN BLACKLOCK
Chief Administrative Officer and
Clerk of the Board of supervisors
OFFICE C-F' ~:RIMINAL JUSTICE PLANNING (OCJr A301)
GRANT AWARD FACE SHEET
The Office of Criminal Justice Planning, hereafter designated OCJP, hereby makes a grant award of funds to the
fallowing Administrative Agency (1) Butte County
hereafter designated Grantee, in the amount and for the purpose and duration set forth in this grant award.
(2) Implementing Agency Name District Attorney
Contact Kristin J. Simpson Address 25 Count Center Dr. , Oroville, CA
Tele hone 91 ) 538-7411 95965
(3) Project Title {60 characters maximum} (6) Award No.
Statutory Rape Vertical Prosecution
{4) Project Director (Name, Title, Address, Telephone} (1) t,r n[ ertoa
(four lines maximum) 7 1 9 7 - 6 / 30 / 9 $
Michael L. Ramsey {g} Federal Amount
Butte County District Attorney N/A
25 County Center Drive (9) State Amount
Oroville, CA 95965 (916) 538-7411 $150,000.
{j) Financial Officer (Name, Tile, Address, Telephone} 10)NC/aAsh Match
(four lines maximum)
David Houser 11) In-Kind Match
Butte CountyAuditor-Controller N/A
25 County Center Drive 12) P tCost
Oroville CA 95965 916 538-7607 $~~~~~~•
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 being submitted. The grant recipient signifies acceptance of this
grant award and agrees to administer the grant project in accordance with the statute(s), the Program Guidelines,
this Request for Application (RFA) and the OCJP Grantee Handbook. The Grant recipient further agrees to all
legal conditions and terms incorporated by reference in the Program Guidelines, this RFA, and the OCJP Grantee
Handbook.
FOR OCJP USE ONLY
Item:
Chapter:
PCA No.:
Components No.:
Project No.: .
Amount:
Split Fund:
Split Encumber:
Year:
Fed. Cat. #:
Match Requirement:
Fund:
Program:
Region:
(13) Official Authorized to Sign for
ApplicanUGrant recipient
Name: Michael L. Ramsey
Title: District Attorney
Address: 25 County Center Drive
Oroville, CA 95965
Telephone: (916 } 5 3 8 - 7 411
Date: 7 / 21 / 9 7
I hereby certify upon my own personal knowledge
that budgeted funds are available far the period
and purposes of this expenditure stated above.
Fiscal Officer, OCJP Date
Executive Director, OCJP Date
~•
LAND OF NATURAL WEALTH AND i3~AU`'~
MICHAEL L. RAMSEY
DISTRICT ATTORNEY
FRANCISCO R. ZARATE
Chief Deputy District Attorney
Criminal Division
MEMORANDUM
EDWARD J. SZENDREY
Chief Investigator
PETER K. DEVER
Chief Deputy District Attorney
Family Support Division
TO: Office of Criminal Justice Planning
FROM: Michael L. Ramsey, District Attorney
SUBJECT: Statutory Rape Vertical Prosecution
Program Resolution
DATE: July 17, 1997
Please find attached the proposed resolution to our Board of Supervisors which will be
heard on August 12, 1997.
MLR:jjm
Enclosure
25 County Center Drive, Oroville, California 95965-3385, TEL: (916) 538-1di 1, FAX: (916) 538-7071
^ 655 Oleander Avenue, Chico, California 95926, TEL: (916) 891-27t2, FAX: (916) 891-2715
WHEREAS, Butte County desires to undertake a certain project designated Statutory
Rape Vertical Prosecution Program to be funded in part from funds made available through the
Statutory Rape Vertical Prosecution Program administered by the Office of Criminal Justice
Planning (hereafter referred to as OCJP).
NOW, THEREFORE, BE IT RESOLVED that the District Attorney of Butte County is
authorized, on its behalf to submit the attached proposal to OCJP and is authorized to sign and
approve on behalf of the Board of Supervisors 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 FURTHER RESOLVED that grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
I hereby certify that the foregoing is a true copy of the resolution adopted by the Board of
Supervisors of Butte County in a meeting thereof held on the day of ,
1997, by the following vote:
AYES:
NOES:
NOT VOTING:
ABSENT:
FRED C. DAMS, Chair
Butte County Board of Supervisors
ATTEST:
JOHN BLAGKLOCK
Chief Administrative Officer and
Glerk of the Board of Supervisors
By
STATUTORY RAPE VERTICAL PROSECUTION PROGRAM
RESOLUTION OF THE GOVERNING BOARD
PROJECT SERVICE AREA IIYEORMATION
1. COUNTY OR COUN'T'IES SERVED: Enter the name(s) of the county or counties served by the
project. Put an asterisk where the principal office of the project is located.
*Butte County
2. POPULATION OF SERVICE AREA: Enter the total population of the service area served by the
project.
197,000
PROJECT CONTACT INFORMATION
Applicant; Butte Count
Implementing Agency (if applicable): District Attorney
Project Title: Statutory Rape Vertical Prosecution Program
Grant Number (to be added by OGJP):
Provide the name, title, address and telephone number for the project contact persons Warned below. If a
section does not apply to your project, enter "N/A."
The person having day-ta-day responsibility for the project:
Name: Francisco Zarate
Title: Chief Deputy District Attorney
Address: 25 County Center Drive, Oroville, CA 95965
Telephone Number: (9~6) 538-7411Fax Number: 91)6) 538-7071
2. The person to whom the person listed in # 1 is accountable.
N;une: Michael L. Ramsey
Title: District Attorney
Address: 25 County Center Drive, Oroville, CA 95965
Telephone Number: (96)538-7411FaxNumber: (9~.6) 538-7071
3. The executive director of a nonprofit organization ar the chief executive officer {e.g., chief of
police, superintendent of schools) of the implementing agency:
Name: Michael L. Ramsey
Title: District Attorney
Address: 25 County Center Drive, Oroville, CA 95965
Telephone Number: (9~.6) 53807411Fax Number: (9~6) 53$-7071
4. The chair of the governing body of the implementing agency: {Provide address and telephone
number other than that of the implementing agency.)
Name: Fred C. Davis
Title: Chair, Butte County Board of Supervisors
Address: 25 County Center Drive, Oroville, CA 95965
Telephone Number: (9~.6) 538-7411Fax Number: (9~.6) 538-7071
5. The person responsible for the project from the applicant agency, if different than #l:
Name: N/A
Title:
Address:
Telephone Number; ( ) Fax Number: ( )
CertiScation of Assurance of Compliance
4CJP-656 (Rev. 1197)
CERTIFICATION OF ASSURANCE OF COMPLIANCE
Nate: There are different requirements far state and federal funds. (Those affecting only
federally funded projects are identified.)
I Michael L. Ramsey ,hereby certify that:
(official authorized to sign grant award; same person as line 13 on Grant Award Face Sheet)
GRANTEE:
Butte County
IMPLEMENTING AGENCY:
PROJECT TITLE:
District Attorney
Statutory Rape Vertical Prosecution Program
will adhere to all of the Grant Award Agreement requirements (state and/or federal) as directed
by the Office of Criminal Justice Planning including, but not limited to, the following areas:
I. Equal Employment Opportunity
II. Drug-Free Workplace Act of 1990
III. California Environmental Quality Act (CEQA)
IV. Lobbying
V. Debarment, Suspension, and Other Responsibility Matters
VI. Other OCJP Certifications as Applicable
I. EQUAL EMPLOYMENT OPPORTUNITY (EEO}
A. General EEO Rules and Regulations (state and federal)
The applicant selected for funding acknowledges awareness of, and the
responsibility to comply with, the fallowing Equal Employment Opportunity
requirements by signing the Grant Award Face Sheet {OCTP A301), including this
Certification of Assurance of Compliance, and submitting the application to the
Office of Criminal Justice Planning (OCJP).
1. California Fair Employment and Housing Act (FEHA) and Lnplementing
Regulations, California Administrative Code, Title 2, Division 4, Fair
Employment and Housing Commission.
2. California Government Code Article 9.5, Sections 1 1 135-1 1 139.5 and
Implementing Regulations, California Administrative Code, Title 22,
Sections 98000-98413.
Title VI of the Civil Rights Act of 1964.
4. 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.
Certification of Assurance of Compliance
OCJP-656 (Rev. 7/97)
5. Subtitle A, Title II of the Americans with Disabilities Act {ADA}, 42 USC
Sections 12131-12134 and U.S. Department of Justice implementing
regulations, 28 CFR, Part 35.
6. U.S. Department of Justice Regulations, 28 CFR, Part 42, Equal
Employment Opportunity, Policies and Procedures -- applies to federally
funded grants only.
Federal and state agencies have the legal right to seek enforcement of the above
items of this assurance of compliance.
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.
B. The following apply to federally funded grants only:
Note: Effective Fiscal Year 1992/93, the Federal criteria and requirements
apply to the "implementing agency" responsible for the day-to-day operation
of the project (e.g., Probation Department, District Attorney, Sheriff).
Criteria for Federal EEO Program Requirements for Grants in the Amount
of $25,000-$499,999. {Does not apply to community-based
organizations).
Federal regulations require qualified recipient agencies of federal financial
assistance to prepare an Equal Employment Opportunity Program (ESOP)
upon meeting all of the following criteria:
a. Grantee has 50 or more employees.
b. Grantee has received a total of $25,000 or more in grants or
subgrants since 1968.
c. Grantee has a service population of 3% minority representation (If
less than 3% minority population, the ESOP must be prepared to
focus on women).
The EEOP must be developed for the im~plementin,g_a~ency responsible far
the day-to-day operations of the program.
Certifico__.,n of Assurance of Compliance
OCJP-656 (Rev. 7197)
2. Assurance of EEOP for Federal Grants of $25,000-$499,999
This implementing agency has formulated, or will formulate, implement,
and maintain an EEOP within 60 calendar days of the date the Grant
Award Face Sheet (OCJP A301) is signed by the Executive Director of
OCJP. 1 also certify that the ESOP islwill be on file in the following
Affirmative Action (A.A.) Office:
A.A.Officer: Cheryl Meyer
Title:
Personnel Director
Address: 25 County Center Drive, Oroville, CA 95965
Phone:
(916) 538-7651
The ESOP is available for review or audit by officials of OCJP or the
Federal Government, as required by relevant laws and regulations.
Additionally, I agree to submit a copy of said ESOP to OCJP {Attention:
EEO Compliance Officer) within 60 calendar days of the Executive
Director's signature on the OCJP A301.
Federal Grants of $500,000 and Above
All applicants for federal grant funds of $500,000 or more will submit a
copy of their ESOP (developed for the implementing agency}, or federal
letter of compliance, to OCJP with the second stage application forms.
4. ESOP Updates for Continuing Federal Grants
Projects that have previously received a total of $25,000 or more in federal
grants, or a single award in the amount of $500,000 or more, and have an
approved EEOP on file with OCJP, are required to submit an annual
update of their ESOP if funds are continued. The timeframe far ESOP
updates are the same as identified in Section B, 2 and 3 above.
C. The following apply to all OCJP grantees:
1. In addition to this Certification, all OCJP grantees must have a current
EEO Policy Statement, established by their agency, posted in a prominent
place accessible to employees and applicants; and
2. The poster entitled "Harassment or Discrimination in Employment is
Prohibited by Law" also must be posted in a conspicuous location
accessible to employees and applicants. This poster may be obtained from
the local office of the Department of Fair Employment and Housing .
Certificatton of Assurance of Compliance
OCJP-656 (Rev. 7/97)
II. CALIFORNIA DRUG-FREE WORKPLACE ACT OF 1990 AND FEDERAL
DRUG-FREE WORKPLACE ACT OF 1988 REQUIREMENTS
The above-named organization(s) will comply with the California Drug-Free Workplace
Act of 1990 of California Government Code Section 8355, et. seq., and the Federal Drug-
Free Workplace Act of 1988, and implemented as 28 CFR, Part 67, Subpart F, for
grantees, as defined in 28 CFR, Part 67, Sections 67.615 and 67.620 by:
A. Publishing 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 in
Government Cade Section 8355(a).
B. Establishing aDrug-Free Awareness Program as required by Government Code
Section 8355{b), to inform employees about all of the following:
1. The dangers of drug abuse in the workplace;
2. The organization's policy of maintaining adrug-free workplace;
3. Any available counseling, rehabilitation and employee assistance programs;
4. Penalties that may be imposed upon employees for drug abuse violations.
C. Providing as required by Government Code Section 8355{c} that every employee
who works on the proposed grant:
1. Will receive a copy of the company's drug-free policy statement;
2. Will agree to abide by the terms of the company's statement as a condition
of employment on the contractor grant.
D. Notifying the employee in the statement required that, as a condition of
employment under the grant, the employee will:
1. Abide by the terms of the statement;
_ 2. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five (5)
calendar days after such conviction.
E. Notifying the agency, in writing, within ten (10) calendar days after receiving
notice as required above from an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees must provide notice,
including position, and title to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, DC 20531.
Notice shall include the identification number(s) of each affected grant.
CertiScawon of Assurance of Compliance
OC.TP-656 (Rev. 7197)
F. Taking one of the following actions, within 30 calendar days of receiving notice,
with respect to any employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended;
2. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate
agency.
G. Making a good faith effort to continue to maintain adrug-free workplace through
implementation of the above requirements.
III. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The above-named organizatian(s)(individual(s} will comply with the California
Environmental Quality Act (CEQA} requirements as stated in the Public Resources Code,
Division 13, Section 21000 et. seq. and all other applicable rules and regulations.
All appropriate documentation will be maintained on file by the project and available for
OCJP or public review upon request.
IV. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented as 28 CFR, Part
69, for persons entering into a grant or cooperative agreement over $100,000, as defined
at 28 CFR, Part 69, the applicant certifies that:
A. No federally appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the making
• of any federal grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal grant
or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid ar will be paid to
any person for influencing or attempting to influence. an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard Form
- LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in
the award documents far all subawards at all tiers [including subgrants, contracts
under grants and cooperative agreements and subcontract(s)] and that all
subrecipients shall certify and disclose accordingly.
Certification of Assurance of Compliance
OCJP-656 (Rev. ?/97)
V. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
(applies to federally funded grants only)
As required by Executive Order 12549, Debarment and Suspension, and implemented at
28 CFR, Part 67, for prospective participants in primary covered transactions, as defined
at 28 CFR, Part 67, Section 67.510, the applicant certifies that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of federal benefits by a state or federal court, or
voluntarily excluded from covered transactions by any federal department or
agency.
B. Have not, within athree-year period preceding this application, been convicted of
ar had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property.
C. Are not presently indicted for, or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local} with, commission of any of the
offenses enumerated above.
D. Have not, within athree-year period preceding this application, had one or more
public transactions (federal, state, or local} terminated for cause or default.
Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
VI. OTHER OCJP CERTIFICATIONS AS APPLICABLE
As required by Section II. C. 3.d. of the Statutory Rape Vertical Prosecution (SRVP)
Program Guidelines, the applicant certifies that all SRVP project related victims will be
referred in writing to the county Victirr-(Witness Assistance Center in the applicant's county.
Certification of Assurance of Compliance
OCJP-656 (Rev. 7/97)
Failure to comply with these requirements may result in suspension of payments under the
grantor termination of the grant or both and the grantee may be ineligible far award of
any future grants if the Office of Criminal Justice Planning (OCJP) determines that any of
the following has occurred: (I) the grantee has made false certification, or (2) violates the
certification by failing to carry out the requirements as noted above.
CERTIFICATION
I, the official named below, am the same individual authorized to sign the Grant
Award Agreement [line 13 on Grant Award Face Sheet], and hereby swear that I
am 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.
Official's Signature:
Official's Typed Name:
Official's Title:
Date Executed:
Federal ID Number:
Michael L. Ramsey
Butte County District Attorney
7/21197
Executed in the County of: Butte
1. PRQBLEM STATEMENT
Butte County is the proposed service area for this project since the Statutory Rape
Vertical Prosecution project serves the entire county. The county, covering 1,675 square
miles is located at the northern end of the Sacramento Valley between the Sierra Nevada
and the coastal mountain ranges. It is the midway point between Sacramento and
Redding and there are four major communities within the county surrounding the
incorporated cities of Chico, Paradise, Gridley and Biggs, and Oroville.
The population of Butte County, according to 1990 Census Data, is 182,190 people
(Current estimate:197,029) with the following breakdown: 90.7% Caucasian, 1.3°l0
African-American, 1.8% Native American, and 2.8°lo Asian (which includes large
Hmong and Mien communities in Orovilie) and 3.4% other. The ethnic Hispanic
population is estimated at 7.4% and is included in the above racial categories. In the last
two years, Butte County has experienced a 10.4% growth rate. Butte County's
agriculturally-based economy supports a large number of migrant farm workers.
Unemployment in Butte County is 9.$%, with 18.9% living below the poverty level.
Single white mothers, Latinos and AsianslPacific Islanders comprise the groups with the
fastest growth rates of poverty.
Butte County is in the process of a transition from a rural county to a county with a
mixture of rural and small city areas. Vdhile in this transition, the median family income
in Butte County is $28,900 compared with $42,700 for the state as a whole. There was
an increase of 156% between 1980 and 1990 of the families in Butte County living in
extreme poverty, which is defined as a family of three with an income of less than
$8,328. a year.
The State Department of Health conducted amulti-year study, ending in 1995, that
indicates Butte County per capita, was one of the "hot spots" for teen births.
The 1995 State Department of Vital Statistics show that 34 teen females, under 18 years
of age, gave birth to 35 babies in Butte County. Fifteen of these parenting teens had less
than 12 years of education, and all but one of the births was paid for with public
assistance. Of the data that reported ages of the fathers, eight of the fathers were over 21
years of age. (At least 40°l0 of the data had no age of father reported)
In 1996, fifty five (55) pregnant teens under 18 years of age were reported in Butte
County with 55 fathers, 21 years and older.
Although there are a number of social service agencies in place in Butte County
providing services to pregnant and parenting teens, the prosecution part had been lagging
due to cases not being reported to and investigated by law enforcement. Additionally,
page 2
after attending meetings with representatives from the Cal LearniGAIN program and
other social service agencies, it became clear that a diversion program would be
appropriate and necessary in order to elicit any collaboration between the District
Attorney's office and those agencies. The impetus being the involvement of the father of
the child with the pregnantlparenting teen and the contradictory nature of a prosecution to
that continued involvement, which might include mandatory GAIN/Cal Learn
participation.
Even with the Statutory Rape Vertical Prosecution program in place and notification by
the District Attorney's Office to all law enforcement agencies of the goals and parameters
of the Statutory Rape Vertical Prosecution program, there were seven (7) cross-reported
cases received from the welfare department involving pregnant teens that were not
investigated by the law enforcement jurisdiction during the 96197 grant year.
The Statutory Rape Vertical Prosecution program began focusing on the community
outreach and education phase of the grant during the third and fourth quarter. After
attending numerous meetings with social service agencies, the high school continuation
teen-parent directors and the Cal Learn director, it became apparent that the project
investigator would not accomplish the outreach and education goals and objectives
established within that part of the grant without additional help.
Further, the Statutory Rape Vertical Prosecution diversion program was initially
designed to have the Probation Department monitor the diversion participants. However,
due to budget constraints and personnel issues, the Probation Department was not
available to participate in the Diversion Program. Therefore, another monitoring
agencylsource became necessary.
2. Plan
a. Project Description
The Butte County District Attorney Statutory Rape Vertical Prosecution program will
identify and investigate unlawful sexual intercourse and lewd acts with children as
described in Penal Code sections 261.5 and 288(a)(1) and vertically prosecute these
cases. There are four experienced deputy district attorneys that are currently assigned to
this project who vertically handle Statutory Rape Vertical Prosecution cases according
page 3
to alphabet. Each attorney is assigned to a specific judge and public defenders pursuant
to implementation of court consolidation. A result of the consolidation is a "justice
team" in each court which allows for true vertical prosecution while working with the
same defense attorneys and judge, who also have the opportunity to become familiar with
the case and goals of the Project.
The Statutory Rape Vertical Prosecution program has an experienced investigator
assigned to the project and will also assign a full time district attorney investigator
assistant to the project. Both will be responsible for the community outreach and
education aspects of the project, presenting information regarding not only the
prosecution objectives of the project, but also the health, financial and societal
consequences of sex crimes against minors. This responsibility will include attending
social service agency meetings, community meetings, presentations at schools,
developing brochures, handouts, news articles and public service announcements.
Additionally, the investigator assistant will monitor those defendants accepted into to the
newly formed diversion program, assuring that the diversion requirements are being met
and notify the prosecuting DDA when the requirements aze not being met.
The project investigator will initiate investigations at the onset of AFDC application by
responding to the welfare department when paged and advised that a pregnantlpazenting
teen is presently applying for aid. This immediate response will insure investigation of
those cases that were not investigated in the past, with the investigations initiating
immediately, thus minimizing future evidence, proof, etc., problems.
The investigator and assistant will insure that victim/witness referrals have been made on
all submitted cases and facilitate social service referrals for victims and their families.
Page 4
b. Project Objectives and Activities
(please see attached Project Objectives Form)
• To vertically prosecute felony violations of Penal Code Sections 261.5 and 288(c)(1).
(1) Objective: To review eighteen (18) submitted felony cases and~le fifteen of
those cases, for prosecution. (The 96/97 projection was fifteen reviewed and
twelve cases filed)
Activities: Four experienced DDA's will review felony cases submitted for review,
determine if there is enough evidence to support a conviction in these cases and further
determine if the case is appropriate for diversion.
• To complete filed cases through the sentencing phase by conviction, either by trial or
by plea.
(6) Objective: To complete eight (8) cases through the sentencing phase. (The 96197
baseline data has three (3) cases completed).
Activities: Efforts will be made to appose defense motions for continuances in order to
timely complete cases through the sentencing phase. Reasonable offers will be made to
avoid the necessity of the victim testifying and the project investigator will immediately
review the filed case far any fallow up necessary to help assure the successful completion
of the case:
• To establish paternity and support of children born to minors.
(17) Objective: To determine paternity either through paternity acknowledgment or
DNA testing in five (S) filed cases where the minorlvictim is pregnant and to obtain
completed Income and Expense reports from the suspect during the investigation
phase. (The 96197 baseline data has five minors/victims pregnant.)
Activities: If the victim is pregnant the project investigator will be "called out" by the
District Attorney family support officer assigned to the welfare office, and begin
page 5
establishing paternity at the onset of the case through the interview process, completion
of paternity acknowledgement forms by the victim and suspect, or through DNA testing.
The project investigator will also encourage and assist the offender in completing an
Income and Expense Report and submit those documents to the Family Support Division
for processing.
• To implement an Statutory Rape Vertical Prosecution Diversion program which
includes monitoring and reporting back activities.
Objective: To accept fzve (S) Statutory Rape Vertical Prosecution defendants into the
Diversion program and to monitor the program by reporting the activities of the
defendants to the prosecuting DDA. (no baseline data available)
Activities: An Statutory Rape Vertical Prosecution Diversion draft has been completed.
The project DDA's ,investigator and assistant will implement the Diversion program
and make it available to the Defense Bar. During the case review process the reviewing
DDA will make an initial determination as to whether a case is appropriate for diversion
and refer the case to the diversion team upon the defense attorney's request for diversion
consideration. The investigator assistant will oversee the defendants' diversion program,
monitor the program and keep the prosecuting attorney apprised of the defendants'
progress. The investigator assistant will open a file for each diversion case, and attain the
documentation related to that particular defendant, which would include the initial
referral, results of the diversion review board, diversion parameters and requirements.
The investigator assistant will provide quarterly reports on the defendant's progress to the
prosecuting DDA, with copies forwarded to the defense attorney.
• To increase public awareness of the often devastating health, financial and societal
consequences of sex crimes against minors.
Page 6
Objective: The Project investigator and investigator assistant will develop a
community education and outreach program to present at the three continuation high
schools twice during the school year; attend four social service agency meetings a
quarter, initiate media releases regarding the Statutory Rape Vertical Prosecution
program to the newspapers and radio and television markets, and implement public
service announcements.
Activities: The project investigator and investigator assistant will develop a community
education and outreach program that will be computer generated and used in conjunction
with the LCD projectors. These presentations will be given at the three continuation high
schools once a semester and made available to other community organizations and
service agencies. They will also release information regarding the Statutory Rape
Vertical Prosecution program to the various media, including newspapers, radio and
television by October, 1997. Public service announcements will be developed and aired,
with a target date of November, 1997.
c. Source Documentation
The source documentation to be used in collecting data will include the District
Attorney's in office computer system. At the time a case is submitted for review by a
police agency the case in entered as an "SRV" case. Thereafter, an "SRV' query can be
run that will provide all SRVP cases filed during the period requested and a subsequent
case history can be checked. Additionally, the project investigator logs in all Statutory
Rape Vertical Prosecution cases, tracking the filing and completion dates, as well as
victim and suspect information. The District Attorney case file maintains a log far the
project secretary and DDA to track their time spent an the file/case. The project
investigator completes the Progress Reports.
The investigator assistant will have applicable documentation in each diversion case file,
which may include the referral, the diversion board assessment, the defendant's particular
requirements and update reports.
All presentation materials will be maintained and made available. Any handouts could
be attached to Progress Reports if required. A log of presentations and meeting
attendance will be kept by the project investigators.
Page 7
c. Source Documentation (continued)
The project investigator will also keep a log of the number of paternity
acknowledgements and Income and Expense Reports are completed, and of DNA
paternity results.
2. Budbet Narrative
A. Personal Services -Salaries/Employee Benefits
A 25% funded Deputy District Attorney (Four attorneys cz 6.25°l0) will vertically
prosecute Statutory Rape Vertical Prosecution (Penal Code 261.5 and 288(c)(1)) cases
that are submitted by law enforcement agencies and the project investigator for review.
The assigned DDA's are experienced prosecutors.
A 25% funded Legal Secretary {Four secretaries @ 6.25°l0) will provide the necessary
staff support to the attorneys and project investigator and investigator assistant.
A 100°lo funded District Attorney Investigator will conduct fresh investigations of cases
that fall within the grant parameters, complete follow up investigations on cases
submitted by other agencies, and provide community outreach and education.
A 100°lo funded District Attorney Investigator Assistant will be responsible for
monitoring the Statutory Rape Vertical Prosecution Diversion program as well as conduct
minor follow up and provide community outreach and education.
B. ~Jperatin~ Expenses
The Auditor's overhead and I.S.F. costs are typical inherent budget items.
Jury and Witness expenses will cover travel costs of out-of the area witnesses.
Travel and Transportation expenses will cover the costs of the mandated two {2) OCJP
trainings as well as CDAA training and other applicable training costs.
Computer and Office Supplies expenses will focus on purchase of computer printer
cartridges, plotter paper and ink cartridges. These materials are necessary to the usability
of the computerlprinter and graphics work anticipated to occur with the community
education presentations.
Equipment
The proposed equipment is medical equipment used to assist in conducting forensic
medical examinations . (please see attached Programmatic Purchase justification}
OFFICE OF CRIMINAL JUSTICE PLANNING
BUDGET CATEGORY AND LINE-ITEM DETAIL
A. Personal Services -Salaries/Employee Benefits (include non-t~r,ded grant positions)
COST
DEPUTY DISTRICT ATTORNEYS (4 ~a 6.25% = 25°l0)
Mark Murphy DDAII Salary Exp. $ 2,148.00
Benefits Exp. $ 585.00
Lynda Passmore DDA IV Salary Exp. $ 3,079.00
Benefits Exp. $ 789.00
James Reilley DDA IV Salary Exp. $ 3,414.00
Benefits Exp. $ 858.00
Kristen Lucena DDA III Salary Exp. $ 2,611.00
Benefit Exp. $ 791.00
INVESTIGATOR II (100%} Salary Exp. $ 39,494.00
Benefits Exp. $ 16,922.00
Assistant D A Investigator (100°I°) Salary Exp. $ 27,326.00
Benefits Exp. $ 7,836.00
LEGAL SECREATRIES (4 @ 6.25°l0 = 25°l0)
Charlene Burton Salary Exp. $ 1,549.00
Benefits Ex. $ 653.00
Lori Dalton Salary Exp. $ 1,549.00
Benefits Exp. $ 653.00
Christy Holder Salary Exp. $ 1,406.00
Benefits Exp. $ 623.00
Kelly Krater Salary Exp. $ 1,549.00
Benefits Exp. $ 653.00
TOTAL $ '11x4,488.00
OCJP-A303a (Rev. 7/97}
OFFICE OF CRIMINAL JUSTICE PLANNING
B. BUDGET CATEGORY AND LINE-ITEM DETAIL
Operating EXpenSeS (List all equipment under S1,000 & attach justifications as required.)
COST
1. AUDITOR'S OVERHEAD $ 5,532.00
5°I° charge for handling claims and billings (less equipment charges}
2. COMMUNICATIONS $ 520.00
"I.S.F., cellphone, pager and pager charges
3. MAINTENANCE $ 1,690.00
I.S.F.` Buildings ($1,190} Vehicle ($500)
4. JANITORIAL $ $97.00
I.S.F."
5. INSURANCE $ 405.00
I.S.F. '`
6. UTILITIES $ 1,760.00
I.S.F.
7. JURY 8~ WITNESS EXPENSE $ 377.00
8. TRAVEL 8~ TRANSPORTATION $ 3,100.00
Training {$1,550)
6 Employees; 2 conferences, 2 OCJP/CDAA trainings
Travel ($1,550)
6 Employees; 2 conferences, 2 OCJP/CDAA trainings
9. COMPUTER ~& OFFICE SUPPLIES $ 2,500.00
Laser Printer Cartridges
Plotter; printer paper
Plotter Ink Cartridges
TOTAL $ '16,78'f.00
OCJP-A303b {Rev. 7197}
OFFICE OF CRIMINAL JUSTICE PLANNING
BUDGET CATEGORY AND LINE-ITEM DETAIL
C. Equipment (List individual items over $1,000 & attach justifications as required.) COST
Golposcope on Mobile Column Base $ 8,145.00
35 mm Package $ 3,276.00
Video System w/13" monitor $ 5,415.00
Toshiba VCR $ 1,895.00
CATEGORY TOTAL $ 18,73'f.00
PROJECT TOTAL $ 'I`~O,Od42.00
OCJP-A303c (Rev. 7197}
PROGRAMMATIC PURCHASE JUSTIFICATION
colposcope Medical Equipment
The Statutory Rape Vertical Prosecution program includes 288(c)(1) PC {Lewd and Lascivious
Conduct with children 14-15 years of age; the offender is 10 years older). These cases often
require a forensic medical examination to obtain further evidence of the crime, enhance the
victim's credibility, and to determine any medical needs the child may have. The standard and
accepted piece of equipment used in these examinations is the colposcope, a magnification
(photographic instrument. The colposcope currently being used by our medical examiner, Dr.
Lisa Benaron, is a colposcope that was purchased by the District Attorney's office from the UC
Davis Child Protection Medical Center in late 1992. At the time of that purchase, the instrument
was approximately five years old.
The equipment budgeted in the Line Item budget category would allow for capturing the images
by video taping and still photography of the examination, which is the current scientific state of
the art equipment. Additionally, the equipment replicates that equipment used by UC Davis and
thus provides for complete compatibility and standardization with UC Davis. This is important
in that Illr. Benaron occasionally requires peer review from UC Davis examiners, not only to
insure her own findings, but also to lend credibility to her expertise as a sexual assault medical
examiner and expert witness in court.
Eventually, the ability to link this equipment electronically with the UC Davis equipment
through the " 2°~ Opinion System" will also be available. This liiilcup will allow for immediate
peer review via standard communication lines to UC Davis Med. Center, which would be very
beneficial to any forensic medical examiner.
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OFFICE OF CRIMINAL JUSTICE PLANNING
Statutory Rape Vertical Prosecution Program Objectives
FISCAL YEAR (FY) 1997!98 SRVP PROJECT OBJECTIVES
INSTRUCTIONS FOR GOMPLETING FORM
Enter the projected number to be achieved by the SRVP grant funded personnel during FY1997; 98 for
each objective listed below. Shaded boxes require no entry. All projects are required to complete the
baseline data information using their most current SRVP statistics from FY1996/97.
DATA COLLECTION PART ONE -SRVP PROJECT PERFORMA NCE
Objective Baseline Projected
(Previous
Year} If
Available
1 Enter number of Statutory Rape Vertical Prosecution defendants with new
cases referred to the SRVP Unit
15 10
2 Defendants with cases referred but not reviewed pending completion of
investigation needed to make filing decision (Items 1-3) ~
3 Enter number of defendants with cases reviewed by the SRVP Unit.
(4a + 4b + 4c}
15 18
4 Cases filed by the SRVP Unit (4a.+ 4b.)
a. Felon cases filed for vertical rosecution b the SRVP unit. 12 15
b. Misdemeanor cases filed b the SRVP unit N A N A
c. Cases reviewed and re'ected b the SRVP unit
5 Number of new defendants charged under '3 Strikes Law' (5a.+ 5b.}
a. 2 Strikes
b. 3 Strikes C
6 Enter number of defendants whose felony cases were completed through
sentencing.
3 8
a. Convicted b trial
b. Convicted b lea
c. Ac uitted U
d. Dismissed U
e. Reduced to misdemeanor at sentencin Sec. 17b 1
f. Other seci -such as deferred cases
7 Enter number of defendants whose misdemeanor cases were completed
through sentencing. {Include only cases filed as misdemeanors)
N/A N/A
a. Convicted b trial
b. Convicted b lea
e. Ae uitted
d. Dismissed
e. Other seci -such as deferred cases
8 Enter number of felony defendants sentenced to:
a. Prison
b. Jail and/or robation
9 Enter number of defendants sentenced under the '3 Strikes Law' (9a.+ 9b.)
(Will include cases counted under item 8.)
~
a. 2 Strikes'
b. 3 Strikes' 0
10 Enter number of cases filed but not completed; pending in:
a. Pre- relimina hearin sta e 4
b. Post- relimina hearin sta e 11
OFFICE OF CRIMINAL JUSTICE PLANNING
Statutory Rape Vertical Prosecution Program Objectives
Objective Baseline
(Previous
Year) If
Available Projected
If rant has SRVP Investi ator
11 a. Enter number of new files opened 15 15
b. Enter number of files acted u on Include new files o ened 15 15
If rant has a SRVP Victim/Witness Advocate N A
12 a. Enter number of new teen primary victims referred to advocate
b. Enter number of advocate cases receiving advocate services (Include new
referrals}
DATA COLLECTION PART TWO -SRVP CRIME DATA
Information is mandated unless s ecified as o tional
Category Baseline
(Previous
Year) If
Available Projected
DEFENDANT DATA
13 Enter age of defendant at the time of crime
a. Under 20 ~
b. 20-24 ~
c. 25-29 6
d. 30 and above 3
14 Enter defendant's prior criminal record
a. Prior felon arrestor conviction
b. Prior violent and/or sex related misdemeanor arrest or conviction
c. Prior conviction under 'Three Strikes Law'
VICTIM DATA
15 Enter age of victim at the time of crime
a. 13 and under 2
b. 14-15 11
c. 16-17 Z
CRIME DATA
16 Enter the age differential between victim and defendant at the time of crime
a. U to 3 ears ~
b. 3 - 5 ears ~
c. 6 - 1 o ears 5
d. 11 - 15 ears
e. 16 - 20 ears
f. More than 20 ears
17 Enter consequences of crime to victim
a. Pre nanc current, terminated or miscarria e
b. Live birth
c. Public Assistance
d. Other O tional, but leases ecif if data is re orted
ADDITIONAL SIGNATURE AUTHORIZATION
Grant Award #:
Applicant: Butte County District Attorney
Prnier.rTirle~ Statutory Rape Vertical Prosecution Program
Grant Period: 7I1i97 to 6/30/98
The following persons are authorized to sign for:
Project Director
Signature
Michael L. Ramsey
Name
Signature
Francisco Zarate
Name
Signature
Name
Signature
Name -
Signature
Financial Officer
Signature
David Houser
Name
Signature
Kenneth Jones
Name
Signature
David C. Kelly
Name
Signature
Name
Signature
Name Name
Approved By:
Project Director
Date
Financial Officer:
RegionaUL.ocal
Planning Director:
Date
Date
SOLE/SINGLE SOURCE JUSTIFICATION
CONTRACTS FOR SERVICES
CHECKLIST
Has the applicantJgrantee met the following requirements:
OCJP Grantee Handbook Section 4510
Do conditions exist that require asole/single-source contract?
Section 4521
Is a brief description of the program or project included?
Section 4522
Was it necessary to contract noncompetitively?
Did the contractor submit hislher qualifications?
Is the reasonableness of the cost justified'?
Were cost comparisons made with differences noted
for similar services?
Section 4523
Is an explanation provided for the uniqueness of the contract?
Section 4524
Are there time constraints impacting the project'?
Is a justification provided regarding the need for contract'?
Were comparisons made to identify the time required for
another contractor to reach the same level of competence?
(REV.7/47)
Yes No
O O
O O
O D
O O
O O
O O
O O
O O
O O
O O
t
SOLE SOURCE JUSTIFICATION
CONTRACTS FOR GOODS
CHECKLLST
Has the applicant grantee met the following requirements: Yes No
OCJP Grantee Handbook Section 3510
Do conditions exist that require asole/single-source contract'? O O
Section 3520
Is a brief description of the program or project included? O O
Was it necessary to contract noncompetitively'? O O
Did the contractor submit his/her qualifications'? O O
Is the reasonableness of the cost justified`? O O
Were cost comparisons made with differences noted
for similar services'? O O
Is an explanation provided for the uniqueness of the contract'? O O
Are there time constraints impacting the project? O O
Is a justification provided regarding the need for contract'? O O
Were comparisons made to identify the time required for ,
another contractor to reach the same level of competence'? O O
{REV. 7197)