How Can the City Save How Can the City Save Money?Money?

Can the District Attorney Can the District Attorney Help?Help?

MISDMEANORSMISDMEANORS

QUESTIONSQUESTIONS

Can the transfer of the Misdemeanor Can the transfer of the Misdemeanor prosecution save money?prosecution save money?

Will the District Attorney provide the same Will the District Attorney provide the same level of service?level of service?

Why transfer now?Why transfer now?

District Attorney’s OfficeDistrict Attorney’s Office

Approximately 900 EmployeesApproximately 900 Employees 5 Office locations Countywide5 Office locations Countywide 300 Deputy District Attorneys300 Deputy District Attorneys 120 Sworn District Attorney Investigators120 Sworn District Attorney Investigators 18 Divisions18 Divisions Community OutreachCommunity Outreach 2004 Budget $98 Million2004 Budget $98 Million

HistoryHistory 1994 - SANDAG and San Diego Municipal Court completed a report.1994 - SANDAG and San Diego Municipal Court completed a report.

1995 – A study was completed by District Attorney Paul Pfingst.1995 – A study was completed by District Attorney Paul Pfingst. 1.3 to 2.3 million dollar savings. 1.3 to 2.3 million dollar savings.

1998 – Consolidation of Courts.1998 – Consolidation of Courts.

In the years 1998, 1999, 2004 and 2005, the San Diego Taxpayers In the years 1998, 1999, 2004 and 2005, the San Diego Taxpayers Association requested the city to review the prospect of transferring Association requested the city to review the prospect of transferring responsibility of prosecuting Misdemeanors to the District Attorney.responsibility of prosecuting Misdemeanors to the District Attorney.

1999 – A study was completed by District Attorney Paul Pfingst.1999 – A study was completed by District Attorney Paul Pfingst.

2004 – Two Performance Institute Reports.2004 – Two Performance Institute Reports.

2005 - Analysis by District Attorney Bonnie Dumanis.2005 - Analysis by District Attorney Bonnie Dumanis.

Is It Legal?Is It Legal?

In 1995, former City Attorney John Witt requested an opinion In 1995, former City Attorney John Witt requested an opinion from the State Attorney General on the question of from the State Attorney General on the question of

transferring the responsibility of prosecuting Misdemeanor transferring the responsibility of prosecuting Misdemeanor crimes to the District Attorney. crimes to the District Attorney.

The written opinion of the Attorney General was that upon a The written opinion of the Attorney General was that upon a vote of the City Council, transfer of the duties could take vote of the City Council, transfer of the duties could take

place. place.

The opinion also stated that the County of San Diego could The opinion also stated that the County of San Diego could recover costs from the City of San Diego for such service by recover costs from the City of San Diego for such service by contract and resolution of the Board of Supervisors of the contract and resolution of the Board of Supervisors of the

County of San Diego. County of San Diego.

CaliforniaCalifornia

There are 15 counties in California with There are 15 counties in California with populations over 500,000 citizens.populations over 500,000 citizens.

13 county District Attorney’s offices prosecute 13 county District Attorney’s offices prosecute State Misdemeanor crimes.State Misdemeanor crimes.

The District Attorney of Orange County The District Attorney of Orange County prosecutes State Misdemeanor crimes in all cities prosecutes State Misdemeanor crimes in all cities in their county except the city of Anaheim.in their county except the city of Anaheim.

The 15 county, the District Attorney of Los The 15 county, the District Attorney of Los Angeles declined to prosecute Misdemeanors. Angeles declined to prosecute Misdemeanors.

The transfer will save The transfer will save money?money?

$2,000,000$2,000,000

GOOD GOVERNMENTGOOD GOVERNMENT

BudgetBudget

The first year’s budget will be The first year’s budget will be approximately $10.8 million, beginning in approximately $10.8 million, beginning in FY 2005-2006.FY 2005-2006.

This amount includes full salary and This amount includes full salary and benefits for a staff of 92.benefits for a staff of 92.

The budget includes $639,103 in one-time The budget includes $639,103 in one-time start up costs.start up costs.

Benefits to the citizens of the City of Benefits to the citizens of the City of San DiegoSan Diego

Cost savings in the millions of dollars by implementing an Cost savings in the millions of dollars by implementing an efficient and effective system that will reduce redundancies.efficient and effective system that will reduce redundancies.

Reduce overtime cost to the SDPD by combining multiple Reduce overtime cost to the SDPD by combining multiple crime cases. Keeping police officers on the beat and not in the crime cases. Keeping police officers on the beat and not in the courtroom.courtroom.

SDPD to work with one agency to facilitate the prosecution of SDPD to work with one agency to facilitate the prosecution of suspects. suspects.

Ability to complete analysis of prosecution data for each Ability to complete analysis of prosecution data for each SDPD command.SDPD command.

Streamlined process to evaluate each case for appropriate Streamlined process to evaluate each case for appropriate prosecution. prosecution.

Ability for the mayor and council members to work with one Ability for the mayor and council members to work with one agency on all prosecution-related issues.agency on all prosecution-related issues.

Benefits to the Criminal Justice Benefits to the Criminal Justice SystemSystem

Reduced transportation costs to the Sheriff’s DepartmentReduced transportation costs to the Sheriff’s Department Elimination of duplicate work by court personnel in Elimination of duplicate work by court personnel in

scheduling proceedingsscheduling proceedings Attorneys would benefit from the consolidation because Attorneys would benefit from the consolidation because

prosecutors and defense attorneys would save time by not prosecutors and defense attorneys would save time by not having to appear at separate hearings.having to appear at separate hearings.

The District Attorney, as the sole prosecuting agency, The District Attorney, as the sole prosecuting agency, could resolve many of the misdemeanors simultaneously could resolve many of the misdemeanors simultaneously with the felonies. with the felonies.

Support staff workload would be streamlined by reducing Support staff workload would be streamlined by reducing the numbers of times files must be retrieved and re-filed.the numbers of times files must be retrieved and re-filed.

The District Attorney will The District Attorney will provide the same or better level provide the same or better level

of service.of service.

GOOD GOVERNMENTGOOD GOVERNMENT

ServiceService

The District Attorney is committed to The District Attorney is committed to excellence in all prosecutions.excellence in all prosecutions.

The District Attorney prosecutes The District Attorney prosecutes Misdemeanor crimes for all other San Diego Misdemeanor crimes for all other San Diego county jurisdictions including 17 cities.county jurisdictions including 17 cities.

DA MISDEMEANOR PROSECUTIONS 2004DA MISDEMEANOR PROSECUTIONS 200491% Conviction Rate91% Conviction Rate

VANDALISM2%

DUI34%

DISORDERLY CONDUCT

1%

TRAFFIC-RELATED

9%

BURGLARY/TOOL3%

THEFT9%

WEAPONS OFFENSES

2%

DV6%

ASSAULT (NON-DV)6%

HIT AND RUN2%

DRUG-RELATED15%

CONTEMPT OF COURT

2%

OTHER MISD9%

ServiceService Accountable to the Mayor and City Council for costs and services they Accountable to the Mayor and City Council for costs and services they

provide.provide.

Community Liaisons to work with the Mayor and Council members to Community Liaisons to work with the Mayor and Council members to be accountable to the citizens of San Diego.be accountable to the citizens of San Diego.

Comprehensive case management system.Comprehensive case management system.

Economy of scale of services already in place.Economy of scale of services already in place.

Participates with the Family Justice Center. Participates with the Family Justice Center.

The District Attorney’s Office maintains a conviction rate of The District Attorney’s Office maintains a conviction rate of 95%95% for for Felonies and Felonies and 91%91% for Misdemeanors. for Misdemeanors.

ServiceService

The District Attorney’s Office maintains a The District Attorney’s Office maintains a conviction rate of conviction rate of 95%95% for Felonies and for Felonies and 91%91% for Misdemeanors.for Misdemeanors.

The District Attorney is The District Attorney is Willing.Willing.

GOOD GOVERNMENTGOOD GOVERNMENT

District AttorneyDistrict AttorneyBonnie DumanisBonnie Dumanis

Municipal Court JudgeMunicipal Court Judge Arraignment Court handling all cases filed as misdemeanorsArraignment Court handling all cases filed as misdemeanors Trial Setting Department handling all misdemeanor cases Trial Setting Department handling all misdemeanor cases

settled before trialsettled before trial Lead Judge in the Domestic Violence CourtLead Judge in the Domestic Violence Court Created the Central San Diego Superior Court Drug Court, Created the Central San Diego Superior Court Drug Court,

specializing in misdemeanorsspecializing in misdemeanors Handled Homeless Court and participated in Stand DownHandled Homeless Court and participated in Stand Down Judicial Liaison to the Community Court CommitteeJudicial Liaison to the Community Court Committee Superior Court JudgeSuperior Court Judge Juvenile Court JudgeJuvenile Court Judge

WillingnessWillingness

Cost neutral Cost neutral With a contract for services With a contract for services Minimal disruption of service to the citizensMinimal disruption of service to the citizens Neighborhood Prosecution UnitNeighborhood Prosecution Unit Domestic Violence and Child Abuse cases Domestic Violence and Child Abuse cases

would continue to be handled in the Family would continue to be handled in the Family Justice Center Justice Center

ResponsibilityResponsibility

Screening and Arraignment UnitScreening and Arraignment Unit Criminal Trial UnitCriminal Trial Unit Appellate UnitAppellate Unit Code Enforcement UnitCode Enforcement Unit Consumer and Environmental Protection Consumer and Environmental Protection

UnitUnit Child Abuse and Domestic Violence Unit Child Abuse and Domestic Violence Unit

StaffingStaffing

35 attorneys35 attorneys

8 sworn peace officer investigators8 sworn peace officer investigators

49 support personnel 49 support personnel

92 Attorney’s and Staff

Now is the Right Time!Now is the Right Time!

Current Budget cycle for FY2005/2006.Current Budget cycle for FY2005/2006.

Savings to the City of San Diego of millions of Savings to the City of San Diego of millions of dollars without a reduction of service.dollars without a reduction of service.

Reorganization of the City Attorney’s office. Reorganization of the City Attorney’s office.

Outstanding working relation with the staff of the Outstanding working relation with the staff of the City Attorney.City Attorney.

ConclusionConclusion

The District Attorney can assume the duties of The District Attorney can assume the duties of prosecuting Misdemeanor crimes from the City of prosecuting Misdemeanor crimes from the City of San Diego as effectively and for less cost than the San Diego as effectively and for less cost than the City Attorney’s Office.City Attorney’s Office.

Working with the City Attorney, the transfer can Working with the City Attorney, the transfer can take place during the FY 2005/2006 budget year.take place during the FY 2005/2006 budget year.

No only is this Good Government it also is Good No only is this Good Government it also is Good Business for the City of San Diego and it’s citizens.Business for the City of San Diego and it’s citizens.

REQUESTREQUEST

Refer to the City manager for further study and Refer to the City manager for further study and inclusion in the Fiscal Year 2005/2006 budget inclusion in the Fiscal Year 2005/2006 budget discussions. discussions.

The District Attorney and the staff of the District The District Attorney and the staff of the District Attorney will be available at any time to answer Attorney will be available at any time to answer any questions the Mayor, City Council, City any questions the Mayor, City Council, City Attorney, City Manager or their staffs may have.Attorney, City Manager or their staffs may have.

We stand ready to assist the City We stand ready to assist the City