Budget Presentation FY16-17 – Early Budget Work Session

Office of the District Attorney

Nancy E. O’Malley

District Attorney

Mission

The District Attorney’s Office shall protect, promote and ensure public safety in

Alameda County to the highest standards of excellence, professionalism and

ethical integrity.

Financial Summary 2016-17 FY

Department/Agency 2015 – 16

Budget

Maintenance

Of Effort

Change from

2015 – 16

Approved

% Change

Appropriations $ 68,776,527 $ 72,816,289 $ 4,039,762 5.87%

Revenue $ 14,024,018 $ 11,070,911 ($ 2,953,107) -21.06%

Net $ 54,752,509 $ 61,745,378 $ 6,992,869 12.77%

FTE - Mgmt 244.66 244.66 - 0.00%

FTE - Non Mgmt 81.38 81.38 - 0.00%

Total FTE 326.04 326.04 - 0.00%

DISTRICT ATTORNEY

(Includes District Attorney*, Family Justice Center, Grand

Jury and Public Assistance Fraud)

* Includes DA Grants

Major Components of Net County Cost Change (in millions)

DISTRICT ATTORNEY

NCC Change

Salary and Benefits Adjustment $ 3.70

ISF Adjustment

Revenue Adjustment

$ 0.60

$ 3.04

Other Adjustments $ -0.35

TOTAL

$ 6.99

Component

District Attorney Grants

$5.53M, 7.59% Grand Jury $0.52M, 0.72%

Public Assistance Fraud

$0.94M, 1.29%

District Attorney $63M, 86.52%

Family Justice Center

$1.57M, 2.16% Realignment

$1.25M, 1.72%

Appropriation by Department

Salaries & Benefits

$67.42M, 88.95%

Services & Supplies

$8.38M, 11.05%

Intra Fund Transfers: -$2.99M

Total Appropriation by Major Object

Charges for Services

$0.02M, .18%

License Fees $0.87M, 7.84%

Other Revenue $2.35M, 21.26%

Fines, Forfeits & Penalties

$0.30M, 2.74%

State Aid $6.90M, 62.37%

Federal Aid $0.48M, 4.38%

Use of Money & Property

$0.14M, 1.23%

Total Revenue by Source

Mandated Services

The District Attorney’s Office is mandated by law to:

• Review and prosecute criminal cases in both the adult and juvenile justice systems

• Protect consumers, workers, and the environment, including enforcement through civil and criminal actions

• Preserve and protect public integrity

• Uphold the rights of victims of crime, and

• Support and protect victims of and witnesses to crime.

Nine Office Locations

Attorney Staffing Summary

117 Attorneys assigned to Adult Criminal 8 Attorneys assigned to Juvenile

1 Attorney assigned to Grand Jury

22 Attorneys assigned to Civil Division (Consumer/Environmental/Worker Protection and Public Assistance Fraud)

5 Administrative Attorneys

153 total attorneys

Workload

Workload Measures Adult Criminal Cases 2015

• 43,545 Police Reports Reviewed for Charging

5.19% from 2014 Average: 2,903 reports reviewed per charging DDA

• 8,017 Defendants Charged with Felonies

• 20,968 Defendants Charged with Misdemeanors

• 4,094 Felony Probation/Parole/PRCS Violations

• 7,819 Misdemeanor Probation Violations

Average: 368 cases per criminal DDA

Workload Measures Juvenile Division 2015

Eight Attorneys Assigned to Juvenile Division

• 1,486 Juvenile Cases Presented

• 1,001 Petitions Filed

• 754 Hearings Conducted

Average: 743 cases reviewed per charging DDA (2)

166 juvenile cases assigned to each DDA (6)

126 juvenile hearings conducted per DDA

Workload Measures Other Mandated Services

The raw numbers of cases reviewed per charging DDA and cases assigned per trial DDA do not tell the entire story.

The District Attorney has several other mandated duties that take up a substantial amount of personnel time and resources, including:

• The duty to provide discovery – Evidence Code Section 1054.1

• Brady duty to disclose evidence favorable to the defense

• Duty to notify victims of their rights and pursue victim restitution

Workload Measures “Discovery”

This District Attorney has a Duty under Evidence Code Section 1054.1 to provide the defense with all evidence seized or obtained as part of the investigation of its case. This has greatly expanded over the last decade.

“Discovery” no longer consists of the police report, witness statements and perhaps a fingerprint or two. It now includes those things, plus:

– Officer Body Camera Evidence

– Radio Dispatch Tapes and 911 calls

– Gun Shot Residue Testing (GSR)

– DNA Testing

– Cell Phone Evidence (both tracking/location data and content)

– Shotspotter Evidence

Workload Measures “Discovery”

In 2015, the District Attorney’s Office assembled, copied and produced to the defense more than 3 million pages of discovery in order to fulfill its discovery mandate.

The DA obtained, copied and reproduced more than 6,000 recordings involving witness statements, 911 calls, dispatch tapes, etc.

The DA obtained and provided to the defense all relevant forensic reports regarding DNA, GSR, or other scientific evidence related to the cases charged.

All of this takes considerable resources that the District Attorney must commit, in addition to those required to initiate or prosecute the case.

Workload Measures “Brady”

The US Supreme Court held in Brady v. Maryland (1963) 373 U.S. 83, that Due Process requires the prosecutor to disclose material evidence that is favorable to the defendant’s case.

Subsequent court decisions have clarified that this duty applies not just to evidence in the prosecutor’s actual possession, but also evidence known to those acting on the government’s behalf, including the police.

In 2015, the California Supreme Court confirmed in People v. Superior Court (Johnson) (2015) 61 Cal.4th 696, that the Prosecutor’s duty under Brady extends to evidence contained in a police employee’s confidential personnel file.

There are more than 4,500 police employees working in Alameda County. The District Attorney has a duty to uncover and disclose any material evidence in those files that could be favorable to the defense.

Workload Measures Victim Services

In 2008, the voters of the State of California passed Marsy’s Law – also known as the Victims’ Bill of Rights. Marsy’s Law amended Article I, Section 28 of the State Constitution to guarantee the following rights to all crime victims:

• To reasonable notice and the right to confer with the prosecutor about the defendant’s arrest, any charges filed and any pretrial disposition of the case

• To reasonable notice of any court proceedings

• To be informed of any conviction and the place of incarceration

• To restitution from the offender, upon conviction of the crime

The District Attorney is responsible for enforcing these rights

By the Numbers Victim Services 2015

• 16,275 Victims and Family Receiving Services

• 83,149 Total Number of Services Provided

• 3,354 Applications Processed to Victims of Crime Fund (eg funeral/burial expenses; relocation; counseling)

• 1,071 Victim Restitution Orders

$ 3,175,408 VOC funds obtained for Alameda County Victims

$15,703,152 Victim Restitution Orders (total)

In the eight years since the passage of Marsy’s Law, the Alameda County District Attorney’s Office has obtained victim restitution orders totaling in excess of $110 million, making it the most successful DA restitution program in the State.

Civil Division

The District Attorney’s Civil Division is comprised of 22 Attorneys and 19 Inspectors handling the following types investigations and prosecutions:

– Environmental Protection

– Consumer Fraud

– Prevailing Wage Theft

– Worker Exploitation / Labor Trafficking

– Real Estate and Mortgage Fraud

– Health Care Fraud and Prescription Drug Abuse

– Public Assistance Fraud

– Insurance Fraud

– Worker’s Compensation Insurance Fraud

Workload Measures Civil Division 2015

• 812 New investigations opened

• 176 Criminal cases filed

• 33 Civil lawsuits settled

$8,009,400 Victim restitution awarded

$27,423,649 Civil penalties awarded*

*Of this $27,423,649, nearly $22 million was for penalties and costs awarded to other agencies as a result of the hard work of Alameda County DA Prosecutors and Inspectors. All cases were filed and venued in Alameda County with our office serving as lead or co-lead prosecutor.

.

All prosecutions and civil lawsuits handled by D.A. Attorneys.

Discretionary Services

The District Attorney’s Office supports and staffs a number of unique and innovative programs designed to enhance the lives of Alameda County residents.

The Family Justice Center

• 10 YEARS in operation (July 2015)

• Model for the US

• “Public Health Model” – Prevention, personal empowerment,

intervention, and aftercare

Family Justice Center Ten Year Anniversary

The Family Justice Center

In 2015, the ACFJC was honored by the Department of Justice, Office on Violence Against Women, as one of just 20 featured programs across the United States demonstrating the success of 20 years of the Violence Against Women Act (VAWA).

Innovative Programs – Family Justice Center

• Youth Empowerment Programs (YEP)

Camp HOPE – 45 campers and 9 youth counselors

Kid Zone – 860 children participated in 2015 Natalie’s Nook – Reading/Learning Center 0-7 yr. old

Homework Helpers

P.U.L.S.E. (Pop-Up Library Services for Everyone)

– 102 Library cards issued in 2015

• The SPA (Safe Place Alternative)

• STEP-UP (Survivor Training Empowerment Program – Utilizing your Potential)

• Progressive Transitions – Diversion program for adult sex workers

Camp HOPE

Innovative Programs – Family Justice Center

Natalie’s Nook

Innovative Programs – Family Justice Center

Kid Zone and P.U.L.S.E.

Innovative Programs – Family Justice Center

The SPA: a Safe Place Alternative for young women who have been victims of Human Trafficking

Family Justice Center Kids Holiday Party

Innovative Programs – Family Justice Center

• STEP-UP program is taught in English and Spanish • El Cafesito (Spanish-speaking) support and

empowerment group has grown from the STEP-UP program

Innovative Programs – Family Justice Center

STEP-UP has expanded to include: • Diversion program for

parents committing public assistance fraud

• Partnerships for job training and higher education

Innovative Programs – Courts

• Early Intervention Court

• Mentor Diversion

• PES [Pacific Educational Services Diversion]

- 183 participants in 2015

- We are the only District Attorney’s Office in the State that has declined to charge an administration fee in addition to regular program costs

Innovative Programs – Courts

• Project Clean Slate / PC 1203.4 Conviction Expungement 1,691 criminal convictions were set aside in 2015

• Prop 47 1,447 defendants had convictions or charges reduced to misdemeanors

• Restitution Court 4,000+ court appearances to assist victims with collection of restitution

• Truancy Court 247 Students ages 6-16 and their parents participated in 2015

• Elder Abuse Protection Court

• Veterans’ Treatment Court

Innovative Programs – Courts

DA O’Malley and CADA Kevin Dunleavy speak to a graduate of Veterans Court

Innovative Programs – Juvenile Justice Center

• Restorative Justice

– 112 juveniles offenders referred in 2015

• Girls Court

– 120 participants in 2015

• SafetyNet

– 83 Cases reviewed and safety plans developed in 2015

– 576 total since 2011

• Collaborative Mental Health Court

– 80 Juveniles participated in 2015

• Young Women’s Saturday Program

Innovative Programs – Youth Empowerment

• DA Justice Academy (DAJA) - 77 participants in 2015 • Earl Warren Fellowships • Mary C. Warren Fellowships

North County

Innovative Programs – Youth Empowerment

DA Justice Academy 3 Cohorts: North County,

Tri Valley and Eden Area

Eden Area

Tri-Valley

MAP1193

MAP1193

Awards and Achievements 2015

2015 James Irvine Foundation Leadership Award

Presented by California Attorney General Kamala Harris on February 5, 2015, to DA Nancy E. O’Malley for her work to end child sex trafficking in the Bay Area and beyond.

Awards and Achievements: H.E.A.T. Watch

Awards and Achievements: H.E.A.T. Watch

DA O’Malley receiving anti-trafficking recognition award from DOJ Special Agent Donna Uzzell

Awards and Achievements: H.E.A.T. Watch

2015 CSAC for H.E.A.T. Watch Community Initiatives

Awards and Achievements: Partnerships 2015

DA O’Malley with Bishop Michael Barber, Fifth Bishop of Oakland, and Chuck Fernandez, CEO of Catholic Charities of the East Bay.

Partnering with Catholic Charities of the East Bay to open a safe house for trafficking victims.

Awards and Achievements: Comcast Settlement

$22.5M statewide environmental settlement obtained by Alameda County DA & California Attorney General

Addressing the Backlog

Addressing the Backlog

DA O’Malley’s efforts to obtain funding for the testing of sexual assault kits has resulted in more than $81 million being made available to obtain justice for victims of sexual assault.

DA O’Malley with Manhattan DA Cyrus Vance Jr and Natasha Alexenko of Natatsha’s Justice Project

Community Involvement

D.A. employees are committed to serving the citizens of Alameda County, serving on more than 25 Boards of Directors and volunteering for more than 100 local organizations

Boards: Alameda County Family Justice Foundation; Alameda County Education Foundation; Bishop O’Dowd High School Board of Regents; California State Bar Association – Criminal Law Section; Charles Houston Bar Association; City of Berkeley Planning Commission; Crossroads Mentoring Program; Earl Warren Inns of Court; First Chapter; Men Creating Peace; Music, Mural and Arts Program; Oakland Girls Softball League; Oakland Elizabeth House; Piedmont Boy Scouts Council; Safe Alternatives to Violent Environments (SAVE); Schoolyard Sports; Soroptimist International of Oakland; St. Mary’s College High School; St. Vincent de Paul; WLAC

D.A. Food Bank Volunteers

Goals for FY 16-17

Expand Pre-Charging Diversion Programs for Adults

• Early Intervention Courts

• Pretrial Services programs

• Mentor Diversion

Expand Juvenile Programming

• Restorative Justice Partnership at Juvenile Justice Center

• Youth Empowerment Programs DA Justice Academy / Earl Warren Fellowships / Mary C. Warren Fellowships

• Truancy Court / Student Attendance Review / HEAL

• SafetyNet

• Young Women’s Saturday Program

Goals for FY 16-17

Expand and build victim empowerment and job training programs:

• STEP-UP

• Job training/College of Alameda tuition waiver

Engage community members and pursue development of a Family Justice Center in South County.

Increase outreach to county-wide communities to increase awareness, public safety and victims’ rights.

Engage more defendants of Realigned Crimes to receive services through the County and our network of CBO partners.

Conclusion

The District Attorney’s Office is proud to serve the citizens of Alameda County and ask this Board’s support for our proposed Fiscal Year 16-17 budget.