026 - DISTRICT ATTORNEY

Transcription

1 PUBLIC PROTECTION DISTRICT ATTORNEY Operational Summary Mission: To enhance public safety and welfare and create a sense of security in the community through the vigorous enforcement of criminal and civil laws in a just, honest, efficient and ethical manner. At a Glance: Total FY Current Modified Budget: 117,693,281 Total FY Projected Expend + Encumb: 113,905,850 Total Recommended FY ,558,849 Percent of County General Fund: 3.48% Total Employees: Strategic Goals: Protect the public from criminal activity. Key Outcome Indicators: 2010 Business Plan 2011 Business Plan Performance Measure Results Target How are we doing? FELONY CONVICTION RATE What: The conviction rate measures the percentage of filed adult felony cases resulting in conviction. Why: Measure the Office's ability to effectively represent the People of the State of California. Felony conviction rate exceeded 90%. To meet or exceed 90% felony conviction rate. The Office has maintained an excellent conviction rate. FY Key Project Accomplishments: Our primary accomplishments require courageous crime victims and witnesses to come forward to report crime. Successful prosecution results from effective collaboration both among internal staff (prosecutors, investigators, and support staff) and with outside police agencies and the community. Criminal Case Filings. Approximately 90,400 criminal cases against individuals were submitted to our office for review in Gang Reduction and Intervention Partnership (GRIP). GRIP is a law enforcement partnership that identifies at-risk youth and aims to increase school attendance and decrease gang activity. In 2010, the California State Association of Counties (CSAC) presented GRIP with the Challenge Merit Award in recognition of its innovation, uniqueness and ability to be replicated. Additionally, the Cities, Counties and Schools (CCS) Partnership honored GRIP as the winner of the 2010 CCS Partnership Award recognizing it for its creativity and leadership in choosing to collaborate with cities and schools to address community issues. DNA Database. The Orange County District Attorney's Office (OCDA) is committed to fully utilizing forensic DNA technology to solve crimes, exonerate the innocent, and prevent future victimization. As most crime is committed locally, the OCDA began collecting voluntary local DNA database samples from defendants in By December 2010, the OCDA had collected approximately 40,000 DNA samples. County of Orange 63

2 PUBLIC PROTECTION Vehicular Homicide Unit. The OCDA created a section of the Homicide Unit with specialized prosecutors and investigators to vertically prosecute vehicle death case. Additionally, the team is actively involved in educating the community about the dangers of drinking and driving. These prosecutors and investigators teach school-aged and college students about the dangers of driving under the influence of alcohol and drugs, taking drugs and driving, and texting while driving. The OCDA works with the media to educate the general public. The team also partners with Mothers Against Drunk Driving (MADD). MADD court advocates spend countless hours comforting victims through frightening and uncertain times. Gang Injunctions. A gang injunction is a civil court order with narrowly tailored restrictions for gang members that designates specific gang behavior as a public nuisance. As of December 2010, eight injunctions have been put in place throughout Orange County. These injunctions place restrictions on gang members from the County's most active criminal street gangs in the cities of Anaheim, Garden Grove, Orange, San Clemente, San Juan Capistrano, and Santa Ana. Violent crime in the eight gang injunction safety zones fell by approximately 48 percent after the injunctions were put in place. TracKRS. The Task Force Review aimed at catching Killers, Rapists, and Sex Offenders (TracKRS) maintains and provides an information system for law enforcement to remotely access a secure Intranet site of solved and unsolved homicide and sexual assault cases. TracKRS also is responsible for maintaining a Cold Hit database to enable Orange County law enforcement to share DNA leads and ensure follow-up investigations within a secured computer system. TracKRS investigators have reviewed Orange County's unsolved murders dating back to 1960 and help agencies identify cases with evidence that would likely benefit from advances in forensic technology. As of December 2010, of the 2,844 DNA Cold Hits realized, approximately 408 remained active investigations. High Tech Crimes. To effectively manage the emergence of digital evidence, the Office's High Tech Crimes Unit partnered with local, state and federal agencies in formation of the Orange County Regional Computer Forensic Laboratory (OCRCFL). An RCFL is an FBI sponsored full service digital forensics laboratory and training center. The OCRCFL is devoted entirely to the examination of digital evidence in support of criminal and national security investigations, such as, but not limited to: Terrorism Child pornography Homicide Violent crimes Theft or destruction of intellectual property Internet crime Organizational Summary Fraud 2010 was a transition year preparing the OCRCFL facility for a January 2011 opening. During the transition period, the High Tech Crimes Unit continued to process digital evidence. In 2009 and 2010, the Office's High Tech Crimes Unit processed over 90 terabytes of data, the equivalent of over nine times the volume of data in the Library of Congress. District Attorney Administrative Services Bureau of Investigations Criminal Prosecution Administrative Services - In addition to providing office services support to the prosecution and investigative units mentioned below, the Administrative Services Division provides a myriad of support services including: Accounting, Budgeting, Facilities, Human Resources, Information Technology, Purchasing, and Research. Bureau Of Investigation - The Bureau consists of both sworn and non-sworn personnel responsible for providing investigative and other related technical services to support criminal prosecution. Investigators provide trial support by conducting complex criminal investigations as well as interviewing and subpoenaing witnesses, and DNA Collection at 64 County of Orange

3 PUBLIC PROTECTION the four adult justice centers and the Central Jail Arraignment Court (CJ-1). Investigators also assist other County law enforcement agencies with complex investigations, cases involving multiple jurisdictions, and investigation of officerinvolved shootings and in-custody deaths occurring in Orange County. Additionally, the Bureau operates three investigative units: The Anti-Terrorism/Organized Crime Unit is the only countywide intelligence unit operating in the surveillance of organized crime. Investigations conducted by this unit have resulted in prosecution of serious crimes, including murder. The TracKRS (Taskforce review aimed at catching Killers, Rapists and Sexual Offenders) unit provides a variety of resources to assist peace officers in the investigation of homicides and sexual assaults. Public Assistance Fraud: Investigative staff prevent, detect, and investigate various forms of Welfare Fraud, Section 8 Housing Fraud, and In-Home Support Services (IHSS) Fraud. These operations are funded by state and federal sources. Criminal Prosecution - Prosecution operations are divided into the following four areas: Vertical Prosecutions/Violent Crimes: Prosecutes the majority of violent felony crimes. Units in this area include: The Homicide Unit prosecutes non-gang related homicides, including those with special circumstances. The Sexual Assault Unit prosecutes rapists, sexually violent predators, child molesters and other violent sexual assaults. The Gang Unit prosecutes crimes committed by gang members, including murders and attempted murders. The TARGET Unit is comprised of anti-gang teams which include a police officer, a probation officer, a District Attorney Investigator, and a prosecutor. These teams are housed in police departments throughout the county. TARGET prosecution is focused on the eradication of gang crime and violence by targeting the gang s serious offenders. The DNA Unit is comprised of specialists in the use of DNA evidence in prosecution. Branch Court Operations: Prosecutes adult misdemeanor crimes in each of the four Justice Centers (Central Justice Center, Harbor Justice Center - Newport Beach, North Justice Center, West Justice Center) and felony and misdemeanor juvenile petitions in the Lamoreaux (Juvenile) Justice Center. In addition to misdemeanor prosecution, each of the four adult Justice Centers includes a Felony Charging Unit. The Felony Charging prosecutors review potential felony cases presented by police agencies to the justice centers for filing consideration. In 2009, the Court added a new in-custody arraignment court in the Central Jail (CJ-1). This new court required the redeployment of prosecutors and support staff. General Felonies/Economic Crimes: Prosecutes a variety of general felonies and includes: The Felony Panel Unit prosecutes a variety of felony crimes and career criminals. The Family Protection Unit prosecutes violent assaults, attempted murders, felony domestic violence, child abuse, child abduction, stalking and elder abuse. The Consumer/Environmental and Insurance Fraud Unit prosecutes complex cases involving environmental crimes and also companies and individuals that engage in fraudulent or unlawful business practices affecting large groups of people. Additionally, this unit prosecutes workers life and annuity compensation fraud, auto insurance fraud, medical and disability fraud crimes. The Economic Crimes Unit prosecutes high tech crime, identity theft, high-dollar fraud crimes and includes the White Collar Crime Prosecution Team. A Real Estate Fraud Prosecution Unit was added in April The Narcotic Enforcement Team (NET) Unit prosecutes major narcotic traffickers and illegal drug manufacturers. Additionally, the NET Unit handles the distribution of forfeitures proceedings from illegal drug trade. The Public Assistance Fraud Unit prevents, detects and prosecutes crimes related to fraudulent receipt of public assistance. This unit is funded by the Social Services Agency. Cases arising out of the Office s Orange County Auto Theft Task Force (OCATT), primarily auto theft rings. Special Projects: Oversees for special projects, coordination of high profile cases, and two prosecution units: County of Orange 65

4 PUBLIC PROTECTION The Special Prosecutions Unit prosecutes a variety of specialized felonies (arson, hate crimes, political corruption, and cases dealing with Mentally Disordered Offenders). Additionally, this Unit investigates Officer Involved Shootings. The Law and Motion Unit conducts over 700 Felony Pretrial Motions, Writs and Appeals annually. The Unit also provides prosecutors legal research assistance and training. Ten Year Staffing Trend: The Board approved establishment of the District Attorney's White Collar Crime Prosecution Team (WCCPT) effective January 1, 2006, which comprises Attorney, Investigator, Paralegal, Attorney's Clerk, Investigative Auditor, and Investigative Assistant positions, to investigate and prosecute complex fraud cases including embezzlement, larceny, computer crime, identity theft, as well as other fraud scams. The operating costs of this prosecution team are being funded by the DA Consumer Protection Fund 2AH. The Board also approved the Office's requests to add staff to implement the District Attorney High Tech Crime Unit Expansion Strategic Priority approved by the Board on December 13, As mandated by AB 196 and SB 542, in December 2001, the Board of Supervisors approved an ordinance to create the Department of Child Support Services effective July 1, As a result, a total of 782 Family Support Division positions were transferred to this newly created County department. Ten Year Staffing Trend Highlights: There were no position changes in FY During the FY budget process, 58 positions were deleted to balance the budget. In February 2009, eight positions were deleted as a result of the vacant position review process. In December 2007, the County's Budget Reduction Plan identified deletion of positions vacant for 13 or more months. The Office deleted two positions meeting this criterion in FY and five in FY During FY , the Board approved an additional 28 positions: 12 positions to establish the DNA Unit; three positions to the Homicide Unit; three positions to the Sexual Assault Unit, five support staff positions; one Senior Systems Programmer/Analyst; one Investigator position to the Joint Terrorism Task Force; two Deputy District Attorney positions to the Economic Crimes Unit; and one Senior Accountant/Auditor. There was a budgetary transfer of 52 existing public assistance fraud positions from the Social Services Agency to the District Attorney effective July 6, Budget Summary Changes Included in the Recommended Base Budget: The base budget represents a 25% NCC reduction compared to the FY NCC limit. The Orange County District Attorney's Office (OCDA) has been in a glide down mode and has implemented significant reductions over the last couple of years including layoffs, temporary layoffs, furloughs, pay cuts, and deleting 15 prosecutor, 29 investigative, and 27 support positions. Significant increases to the base budget were avoided through a minor restructure of staffing and workflow. Business process changes were also implemented to enable the Office to function with fewer prosecutors and investigators. The FY Budget with augmentation request represents continued operation at the FY reduced level of staffing and cost cutting measures by deferring and reducing expenses in services, supplies, and equipment and eliminating non-essential travel and training. Staff of the OCDA are interdependent and integrated. As a result of additional staff losses through attrition, the OCDA has reached a tipping point where further cuts are unsustainable and could 66 County of Orange

5 PUBLIC PROTECTION directly impact public safety. To meet the FY NCC limit, the OCDA submitted one augmentation request of $8.1 million to restore 66 positions to meet basic prosecution demands and provide Orange County residents and visitors with a safe community. Requested Budget Augmentations and Related Performance Results: Unit Amount Description Performance Plan Restore 66 Positions Amount:$ 8,066,342 Delete 66 Positions to Meet NCC Limit Amount:$ (8,066,342) Restore 66 positions to meet basic prosecution demands. OCDA requires adequate staffing to maintain the strategic goal of a 90% felony conviction rate. BRASS Ser Delete 66 positions to meet NCC limit. N/A 2312 Proposed Budget History: Sources and Uses Actual As of 3/31/11 At 6/30/11 Recommended Amount Percent Total Positions (66) Total Revenues 58,259,261 62,549,769 61,226,908 66,375,400 3,825, Total Requirements 102,893, ,693, ,529, ,558,849 (10,134,432) Net County Cost 44,634,075 55,143,512 55,302,161 41,183,449 (13,960,063) (1) Requirements include prior year encumbrance and expenditures. Therefore, the above totals may not match FY projected requirements included in "At a Glance" (Which exclude these). Columns may not total correctly due to rounding. Detailed budget by expense category and by activity is presented for agency: District Attorney in the Appendix on page A41 Highlights of Key Trends: The OCDA continues to handle approximately 80,000 criminal cases each year. To avoid significant increases to the base budget, the OCDA implemented an officewide restructure changing the manner by which some cases are prosecuted including workflow and business process changes to enable the Office to function with fewer prosecutors and investigators. The advance of DNA technology is bringing an unprecedented number of cold hit DNA cases into the criminal justice system. OCDA receives approximately 100 cold hit cases per month requiring significant resources to review and investigate. These cold hits often identify violent offenders and may implicate statute of limitations so that immediate attention is paramount for public safety. As DNA technology expands, the number of perpetrators identified by DNA cold hits will continue to increase. Continue to evaluate staffing levels to ensure sufficient resources are available to address both the volume and complexity of caseloads. Caseload demands are managed through staff rotations and in some instances use of volunteer staff. The Office has successfully utilized volunteer attorneys through the Trial Attorney Partnership (TAP) program whereby experienced private attorneys are trained and deputized to prosecute certain types of misdemeanor cases while temporarily assigned to the Office. Continue to exercise fiscal prudence and closely monitor revenues and expenses. The OCDA has implemented significant reductions over the last couple of years to offset Prop 172 revenue shortfalls and mitigate NCC required. Further, the Office endured additional staff losses through attrition. To cope with the loss of staff, the OCDA has implemented a variety of initiatives to reduce the resources required to prosecute certain type of cases. County of Orange 67

6 PUBLIC PROTECTION Continue to work collaboratively with CEO/Budget Office and highlight variances and issues, which may impact budget requirements. Budget Units Under Agency Control: No. Agency Name Administrative Services Bureau Of Investigation Criminal Prosecution Total 026 District Attorney 20,505,141 32,664,333 54,389, ,558, Narcotic Forfeiture and Seizure , , Motor Vehicle Theft Task Force 0 0 3,179,687 3,179,687 12G Real Estate Prosecution Fund 0 0 1,917,776 1,917,776 12H Proposition 64 - Consumer Protection 14H DA's Supplemental Law Enforcement Service 0 0 4,425,323 4,425, , ,693 Total 20,505,141 32,664,333 65,658, ,827, County of Orange

7 Appendix Summary of Proposed Budget by Revenue and Expense Category: (1) Requirements include prior year encumbrance and expenditures. Therefore, the above totals may not match FY projected requirements included in "At a Glance" (Which exclude these). Columns may not total correctly due to rounding. Fines, Forfeitures & Penalties $ 275,216 $ 125,300 $ 303,572 $ 105,500 $ (19,800) % Revenue from Use of Money and Property Intergovernmental Revenues 51,296,350 52,466,676 53,365,952 54,402,119 1,935, Charges For Services 1,745,152 3,028,354 2,039,057 3,629, , Miscellaneous Revenues 101,363 1, , (900) Other Financing Sources 4,841,086 6,927,889 5,407,349 8,238,059 1,310, Total Revenues 58,259,261 62,549,769 61,226,908 66,375,400 3,825, Salaries & Benefits 97,294, ,529, ,721,558 99,087,356 (8,442,267) Services & Supplies 8,446,487 13,607,705 13,936,773 12,046,706 (1,560,999) Other Charges 1,826,391 1,826,340 1,826,340 1,877,071 50, Equipment 159, , , ,000 48, Other Financing Uses 679, Intrafund Transfers (5,513,360) (5,592,387) (5,477,893) (5,822,284) (229,897) 4.11 Total Requirements 102,893, ,693, ,529, ,558,849 (10,134,432) Net County Cost $ 44,634,075 $ 55,143,512 $ 55,302,161 $ 41,183,449 $ (13,960,063) % Proposed Budget Summary of Administrative Services: Intergovernmental Revenues $ 14,451,487 $ 14,504,435 $ 14,760,115 $ 15,129,118 $ 624, % Charges For Services 102, , , ,959 (3,722) Miscellaneous Revenues 87, , (300) Other Financing Sources 53,712 91,050 91, ,992 20, Total Revenues 14,694,722 14,713,666 15,050,729 15,355, , Salaries & Benefits 13,122,997 13,636,384 13,598,779 12,635,247 (1,001,137) Services & Supplies 4,978,507 6,953,995 6,969,476 6,336,706 (617,289) Other Charges 1,826,391 1,826,340 1,826,340 1,877,071 50, Equipment 141, , , ,000 48, County of Orange A41

8 Appendix Proposed Budget Summary of Bureau Of Investigation: Proposed Budget Summary of Administrative Services: Other Financing Uses 679, Intrafund Transfers (579,071) (599,550) (570,000) (673,883) (74,333) Total Requirements 20,169,826 22,099,169 22,252,137 20,505,141 (1,594,028) Net County Cost $ 5,475,104 $ 7,385,503 $ 7,201,408 $ 5,149,872 $ (2,235,631) % Proposed Budget Summary of Bureau Of Investigation: Intergovernmental Revenues $ 16,390,832 $ 15,410,942 $ 15,957,098 $ 16,074,688 $ 663, % Charges For Services 388, , , ,041 63, Miscellaneous Revenues 12, , (200) Other Financing Sources 0 617, ,334 1,461, , Total Revenues 16,792,582 16,362,853 17,060,958 17,934,124 1,571, Salaries & Benefits 35,279,062 38,842,554 37,358,851 35,007,604 (3,834,950) Services & Supplies 1,335,941 2,531,269 2,227,976 2,010,500 (520,769) Equipment 18,230 40,000 94,749 40, Intrafund Transfers (4,213,803) (4,116,323) (4,248,000) (4,393,771) (277,448) 6.74 Total Requirements 32,419,429 37,297,500 35,433,576 32,664,333 (4,633,167) Net County Cost $ 15,626,847 $ 20,934,647 $ 18,372,618 $ 14,730,209 $ (6,204,438) % Proposed Budget Summary of Criminal Prosecution: Fines, Forfeitures & Penalties $ 275,216 $ 125,300 $ 303,572 $ 105,500 $ (19,800) % Revenue from Use of Money and Property Intergovernmental Revenues 20,454,031 22,551,299 22,648,739 23,198, , Charges For Services 1,254,172 2,576,354 1,532,420 3,117, , Miscellaneous Revenues 1, , (400) Other Financing Sources 4,787,374 6,219,747 4,623,965 6,664, , Total Revenues 26,771,957 31,473,250 29,115,221 33,086,007 1,612, Salaries & Benefits 48,892,526 55,050,685 54,763,928 51,444,505 (3,606,180) Services & Supplies 2,132,039 4,122,441 4,739,321 3,699,500 (422,941) Intrafund Transfers (720,485) (876,514) (659,893) (754,630) 121, Total Requirements 50,304,080 58,296,612 58,843,356 54,389,375 (3,907,237) Net County Cost $ 23,532,123 $ 26,823,362 $ 29,728,135 $ 21,303,368 $ (5,519,994) % A42 County of Orange