HomeMy WebLinkAboutCOM 0184.032 1996-1998 M
AMENDMENTS TO
PROGRAM AND BUDGET REVIEW QUESTIONNAIRE
Fiscal Year 1997-98(FY98)
The following items have been modified from what was sent earlier:
AA.
PR~A~
4. Projected for FY98:
a. Federal $405,027 Victim of Crime Act $110,000
Violence Against Children & Youth 2 27
$405,027
b. State $1,028,849 *Career Criminal Program $766,369
*Victim/Witness Assistance Program 2 4 0
$1,028,849
* A grant-in-aid request is pending in the State legislature (HB965/SB1037).
B EMPI OYF S
2. a. Though not deleted, our office has " 2" state-funded positions that remain unfilled due to
budget restraints.
h. Domestic Violence Unit -end of unit's federal funding
4. b. We would like to fill/fund the following vacant positions: Hilo-Victim Witness Counselor I
Kona -Investigator V.
5. a. -amended organizational chart is included in packet-
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'RECEIVED
BUDGET MESSAGE pd„ z,~ 9BY-
County Council~li. %f~ ~ -
Crime and the fear of crime continues to be an important issue and challenge
to this county, state, and nation. In the Attorney General's 1994 Crime
Victimization survey, 51.5% of those surveyed were afraid to walk alone at night
near their home, and 62% have not done things they like to do because of a concern
about crime.i Victims tend to be younger, or the vulnerable. We have all heard
stories about the older person who has been a victim of a burglary or theft and who
is now afraid to go out of their house; the teenager who is afraid to go to school
because of the violence and drug use there.
While the overall crime rate is going down locally and nationally, a closer
look at those rates reflect some alarming trends. The Office of Juvenile Justice and
Delinquency Prevention reports that between 1985-1994, homicides committed by
juveniles jumped 144%, aggravated assaults went up to 134% and weapons offenses
climbed to 156%. Almost every category tracked by the FBI went up.2 This is a
statistical picture of America's new super predator -the young violent male (14-29
years of age) offender. So while the overall rate of crime is decreasing, the crime rate
among this younger segment is increasing. I expect that while we may see a
temporary decline in the overall rate, we will see an increase in crimes committed
by young violent males. The demographics of this population show that by the year
2005, there will be 20,818,000 males between the ages of 14-24 as compared to the
18,516,000 in 1995.3
In Hawaii County, we have our own examples of the young predators who
have extensive juvenile records; are involved in drugs; belong to a gang or have
adult criminal models; and commit serious crimes. Crimes committed at the Kona
and Hilo airport are examples. We are starting to see our juvenile filings climb. In
a book by Bennett, Dilulio and Walters, they describe the root cause for the wave of
violence as moral depravity or moral poverty.
"...moral poverty is the poverty of being without loving, capable, responsible
adults who teach you right from wrong; the poverty of being without parents
and other authorities who habituate you to feel joy at other's joys, pain at
other's pain, satisfaction when you do right, remorse when you do wrong; the
poverty of growing up in the virtual absence of people who teach morality by
their own everyday example and who insist that you follow suit. In the
extreme, moral poverty is the poverty of growing up severely abused and
neglected at the hands of deviant, delinquent or criminal adults." Bodv
Count by William Bennett, John Dilulio and John Walters.
In situations where the morality enforced by individual conscience has not
worked, the law which embodies the community's standards of right and wrong
will be enforced by the police, prosecutors and courts.
I believe that the Office of the Prosecuting Attorney plays an important role in
encouraging various community efforts to build individual and community beliefs
about right and wrong. This includes fair and vigorous prosecution, support of the
Hawaii County Police Department's Community Policing program, the Attorney
General's Safety Action projects, various crime prevention initiatives, and other
educational and treatment projects.
A major effort has been made in the area of domestic violence. The Mayor's
and Council's support of this program has certainly been a benefit to this
community. The slogan "There's no excuse for domestic violence," embodies a
major shift in attitude towards domestic violence.
Although the Attorney General's study of domestic violence-related
homicides came after the start of the Prosecutor's Domestic Violence Project, it
underscores the need for more work in this area. A significant element of my fiscal
1998 budget is funding for this program. It is now well-documented that the
violence occurring in our homes also has a negative effect on our children.
This violence is being committed by our relatives, neighbors, friends, and
fellow workers, and we all need to do our part to stop it. Violence is a learned
behavior. The office has adopted a no-drop policy which addresses the seriousness
of domestic violence.
The budget submitted reflects our effort to deal with a heavy calendar and
trial caseload. It addresses special areas of concern involving domestic violence,
victim services, child abuse and sexual assaults, career criminals and community
mobilization. This has been done within fiscal constraints currently facing the
County. Our budget totals $4,232,781.00 of which $2,698,905.00 is County,
$1,128,849.00 is State and $405,027.00 is Federal monies.
In order to meet our budget limits set by the administration, no equipment
has been budgeted for the last two years. The amount budgeted for our operating
expenses is $105,178.00, a decrease from the 1995-1996 fiscal year.
An area that requires attention is that of attorney salaries referenced in the
Hawaii County Code, Article 26, relating to salaries of deputy prosecutors. This was
last amended in 1990 (Resolution 176-90 dated 4/1/90). In 1991, the Hawaii County
Charter was amended to have the salary of the Prosecuting Attorney set by the
Salary Commission, and in 1993, the Commission amended the salaries of the
Council, Mayor and Prosecutor. In 1995, the Council adopted Ordinance 95-17 which
set the deputies' salaries at 50-90% of the appointing authority's. However, no
funds were provided to implement any adjustment.
In the 1996 and 1997 fiscal years, the salaries were not addressed because of
budget shortfalls. Thus seven years has passed without any adjustment in the
attorney salary ordinance.
In 1993, the Hawaii State Bar Association did a comparative study between the
compensation plans for private and government sector attorneys. While this study
is dated, it clearly reflects the need to adjust the salaries of the deputy prosecutors in
order to retain experienced deputy prosecuting attorneys.
In comparison to the Public Defender's Offices, deputy prosecutors are paid at
a lower rate. This needs to be changed as soon as possible. In addition to a lower
rate of pay than their counterparts, the deputy prosecutors have reduced their
vacation accumulation and per diem in order to meet budget projections.
The 1993 study also reveals that the public sector attorney also enjoys a higher
ratio of support personnel. Except for clerical support, this office has experienced a
50% reduction in investigative support for the Career Criminal Program and in
Counselor I positions. This has impacted our ability to provide a consistent level of
support to the deputy prosecutors.
The Career Criminal and Victim/Witness Programs are State Programs and
their budget reflects only salaries. In House Bill 965 and Senate Bill 1037, we
requested grant-in-aid to supplement funds set aside in ATG100. The amounts set
aside in ATG100 are not sufficient to operate the program as set out by statute.b
We will be starting a new program under the Byrne Memorial Fund to
address crimes committed against children. These crimes range from sexual assault
to physical abuse. This is an area of concern not only to this office, but the
community Not only are violent offenders younger, but their victims are also
young. In 1992, children under 18 suffered an estimated 2.2 million violent crimes,
including murder, rape, robbery, and assault (Snyder and Sickmund, 1995). In the
area of child abuse, Hawaii County had the highest confirmed rate of child abuse
and neglect with 31`% of the State's total. The rate of confirmed child abuse and
neglect in the State is climbing. A 1993 report of the Office of Juvenile Justice and
Delinquency Prevention reports that "...behavioral factors that contribute to serious,
violent and chronic juvenile crime are delinquent peer groups, poor school
performance, high crime neighborhoods, weak family attachments, lack of
consistent discipline, and physical or sexual abuse." This program will focus on a
area of crime which shows up as a consistent factor in subsequent behavioral issues
for the community and leaves a trail of broken lives.
Sexual Assault continues to be an area of concern and we have supported the
Sexual Asult Nurse Examiners (SANE) program. A request is currently pending
with the Attorney General to fund a coordinator for the Big Island. The Council
played an integral part in establishing the first SANE program in the State.
This office has continued to refine the victim notification system, and in 1996
5689 notices were generated.
In 1996, referrals included:
18,770 Cases (charges referred to the office, fiscal 95-96)
13,663Misdemeanors (claendar year 1996)
There were 36 grand jury sesions and a number of investigative grand juries.
I expect that the level of jury and non-jury trials will continue to rise. The
community's efforts to address the crime problem and the legislature's efforts at
sentencing initiatives will encourage more defendants to go to trial. We have
prepared for this additional workload by organizing an efficient information and
document processing system, developed a screening unit, and devoted more efforts
at in-house and state-wide training and sought other funding sources for both
personnel and training.
Community efforts to strengthen our communities have benefitted greatly by
the efforts of the Hawaii County Police Department's Community Policing Program.
The Downtown Improvement Association, Kona Crime Prevention Committee and
other crime prevention groups have made vast improvements in their
communities. There are still many challenges to address. The attached listing of
Safety Action groups is only a sample of what is happening in our communities.8
The issue of drug use, including alcohol, continues to be a problem.
Community attitudes toward drug use can be seen in those most influenced by
attitudes -our children. Drug use among our student population continues to rise.9
Self-reporting by defendants shows a 80-90% usage rate of those committing crimes.
While studies have debated whether drug use causes crimes, it clearly acts as a
multiplier. As long as drug use is tolerated in our community, we can expect that
the crimes committed will be more severe and numerous.
As you review our budget, I ask that you consider our budget as a policy
statement:
that prosecution and public safety are core functions of the County of Hawaii;
that an effective Prosecutor's Office is part of providing for the safety of our
community;
that the necessary resources will be provided to those who go face to face with
murderers, robbers, rapists and give support to victims of their crimes; and
that the laws establishing our community's norms and hold people
accountable for their actions will be fairly and effectively enforced.
"This office is committed to working with you to re-build a safer and stronger
Big Island.
NOTES
State of Hawaii, Dept. of the Attorney General, Crime Prevention Division
Crime and Justice in Hac•~aii July 1994.
ZJeffrey A. Butts, Ph.D., "Delinquency Cases in Juvenile Courts, 1994," Office
of Juvenile Justice and Delinquency Prevention DP ,Fact Sheet #47, October
1996.
3James Austin, Ph.D. and Robyn L. Cohen, "Are Crime Rates Declining?"
FOCUS. November 1996.
4Government Lawyers Section, Hawaii State Bar Association, Government
Attorngy ompensation• A omparative St>>d,~, June 1993.
SOffice of the Prosecuting Attorney, County of Hawaii, "Comparison of
Current Salaries."
bOffice of the Prosecuting Attorney, County of Hawaii, "Testimony in Support
of HB 956 Making Appropriations for Special Prosecution Units and Victim Witness
Programs for the Counties."
State of Hawaii, Dept. of the Attorney General, 1996 Edward Byrne Memorial
Formula Grant Application. February 1996.
sDept. of the Attorney General, Hawaii Safety Action Seminar, "Team Action
Plans."
yState of Hawaii, Dept. of the Attorney General, 1996 Edward Byrne Memorial
Formula Grant Application. February 1996.
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HAWAII COUNT
SAFETY ACTION SEMINAR
TEAM ACTION PLANS
Team Name: VisionPlus (Bank of Hawaii, HCPD, Keaau students will participate in one or more "wellness"
Elem. & Middle School, Mayor's Office, programs. The team will raise the awazeness of students,
UH at Hilo) parents, and community members on "ohana" through "The
Problem Statement: Lack of pride and respect by youth Healing Power of Ohana" workshop.
for community resources and hindsight to plan and develop Project Evaluation: Not provided.
vision for future. Apathetic attitudes towards incidents of
property crimes. i.e. vandalism, littering, and establishing
goals that enable children to strive to live drug-free and Team Name: Teen Wellness (HCPD, Hilo High, Waiakea
productive lives. High, Salvation Army Interim Home/Hilo)
Goal Statement: To coordinate, plan, and host a regional Problem Statement: Lack or absence of adolescent
youth conference to develop commitment and vision wellness in Hilo.
amongst children to educate youth and recruit other students Goal Statement• Develop policies to promote health and
to assist in implementing and completing community service well-being of young people in Hilo. Goal date: Not
projects. Goal date: Not provided. provided.
Project/Activity & Description: Regional Youth Project/Activity & Description: Focus on teen violence.
Conference in East and West Hawaii. Coordinate, p]an, Reduce the number of adolescents who carry weapons, aze
and host two regional conferences for middle school involved in physical fighting, and who do not feel safe
students (grade 8) in both public and private schools. going to school.
Team's Function or Role: Coordinate, plan, host Team's Function or Role: Create an environment with a
conference. community focus group to address these issues on a
Objective: To provide training for students to implement a collaborative basis.
service learning project, provide opportunity for students to Objective(s): Access agencies, individuals, counselors who
plan, develop, and implement their chosen project, provide offer training in pazental skills &self-esteem in youth.
opportunity to showcase their results. Project Evaluation: Declining crime statistics, reports and
Project Evaluation: Participant evaluation, completion of student surveys.
project, response from community who received service,
track students who participate in project gong-term follow-
°p)• Team Name: Honoka'a School PEP (Honoka'a Peer
Education Program)
Problem Statement: Substance abuse and driving deaths
Team Name: Lokahi (Waimea Elem. & Inter. School and by those in the community.
HCPD) Goal Statement: Train community to take action
Problem Statement: At Waimea Elem. & Inter. School, concerning this problem. Goal Date: Aug. 30, 1997
student achievement is low, morale is low, and there is a Project/Activity & Description: Meet with small
lack of respect for people and school property. communities, train and organize them to work on projects
Goal Statement: To develop positive social behaviors and to decrease driving deaths. Create a phone tree for
relationships in students. Goal date: School Year 96-97 communities by end of Februazy 1997. Train and organize
Project/Activity & Description: Programs offered in community leaderslgroups by end of March 1997.
Rarn.lom Acts of Kindness, Kulai I Na Hoku (literacy), Coordinate Strides for Safety (youth education and
PTSA citizen of the month, K-5 Bear, Lions Quest, Hero graduation activity project) and cottage industry.
Day, and seminar. Team's Function or Role: Coordinating other community
Team's Function or Role: Pazent Community Network groups to get together and collaborate.
Coordinator will work with school community. PCNC will Objective: Create a phone tree for communities by end of
coordinate a meeting for community leaders to collaborate Februazy 1997. Train and organize community by end of
and plan the seminar. March 1997. Coordinate Strides for Safety and cottage
Objective: By the end of 1996-97 school yeaz, team industry.
Lokahi will expand the K-8 Lions program from two to Project Evaluation: Completion of community projects.
fifteen participating classes. By June 30, 1997, 85% of
Team Name: ACT -Addressing Cn Together (Hawaii alternative activ,
County Prosecutor's Office) Goal Statement: Provide a facility to house youth
Problem Statement: Insufficient community and citizen activities. Goal date: June 30, 1997
participation in community policing programs. Project/Activity & Description: Secure Ookala Gym, find
Goal Statement: Increase community involvement in crime specialized instructors for activities, provide a support
prevention. Goal date: October I, 1997 system (counseling, etc.)
Project/Activity & Description: Coordinate workshop. Team's Function & Role: Communicating with the
One-day educational workshop for community watch and community, cooperate with county agencies and other
community organization to understand their role in agencies, coordinate activities and work to develop
prevention of crime and apprehension of criminals. Interact partnerships with other groups.
with police, fire, prosecutors and other designated agencies Objective(s): By June 30, 1997, the N. Hilo Community
and with each other. Center in collaboration with other groups in the community
Team's Function or Role: Coordinate and lay groundwork wdl acquire the Ookala Gym to provide specialized
for expanded neighborhood walks and watches. Facilitate instruction in fine arts to raise self-esteem in at least 40
communication between groups and individuals. teens.
Objective(s): By October 1, 1997 a workshop for at least Project Evaluation: 1) The number of teens that attend
100 people will have been completed of which at least 30 specialized activities, 2) number of activities provided by
Neighborhood Watch captains attending will be able to train volunteers, etc., and 3) positive attitudes of the teens that
other team members in the process of community policing participate in activities.
efforts to reduce crime in their communities. Goal is to
create a neighborhood watch council.
Project Evaluation: 1) Verify the number of neighborhood Team Name: Salvation Army Kona Interim Home
watch captains attending the workshop, 2) total number of (Lai'Lani Housing, LDS Church, Salvation
citizens, and 3) questionnaire to community members on the Army Kona Interim Home, Jack Hail
training they received from their neighborhood captains. Memorial Housing, Alu Like, Hawaiian
Civic Club, Pazent)
Problem Statement: Reduce the incidents of
Team Name: Kamakani O Ka'u (Ka'u Family Center, breaking/entering and vandalism on the Kealakehe campus
private therapist, citizen, community and neighborhood.
member, HOVECA) Goal Statement: Create, organize and promote
Problem Statement: Vandalism, lack of police visibility, neighborhood watch.
high crime. Project/Activity & Description: Have Kealakehe
Goal Statement: Reduce vandalism by creating more Neighborhood Watch in place, structure and organize
activities for youth. Goal date: June -August 1997 participants and network with other local neighborhood
Project/Activity & Description: Organized watch and find watch programs.
a supervised place for youth to go in the evenings Team's Function & Role: Create organization, organize
basketball program with supervised sessions and art structure, and recruit volunteers.
program involving art classes, dances and shows. Objective(s): 1) Create neighborhood watch and 2) reduce
Team's Function & Role: Communicator, seek the incidents of breaking/entering, vandalism on Kealakehe
cooperation with other groups, coordinator, collaborator, campus and neighborhood.
and partnership with community. Project Evaluation: Compare against police statistics in
Objective(s): To increase participation of all youth in same period last yeaz -reduction of breaking/entering,
supervised activities. vandalism, loitering of youth within neighborhoods.
Project Evaluation: Number of participants and
consistency of attendance in programs (basketball and art
progr, ms). Survey participants at the end of summer, and Team Name: Ua Hiki Mai ka Ulu 0 Ka La -
refer to the deccease in the number of reported vandalism, HHA/Lanakila Homas (I-IHA, Boys & Girls
threats and battery on other youth and young adults. Club, HCPD)
Problem Statement: Increase of J% of drug usage by
adults, youth and seniors in our communities.
Team Name: North Hilo Community (Queen Liliuokalani Goal Statement: Educate residents on the alternatives and
Children's Center, Pazks and Recreation, resources available to them to alleviate drug abuse and
HCPD, Koaniani Community, NHCC) usage. Goal date: February 19, 1997
Problem Statement: Teens in N. Hilo community have Project/Activity & Description: Community Health Fair -
low self-esteem as a result of family problems and lack of "E Lawe Ike A'O A Malama. AE 'oi Maui Ka Na'auao -
:Ie who takes his teaching and applies m increases his Project/Activity description: Distribute book covers
knowledge. Bringing together social service and health and portfolios with sexual assault prevention and awareness
a,zncies to community to educate residents on the benefits information. Collaborate with teens to design book covers
of healthy living. and portfolios, print and distribute.
Team's Function & Role: Coordinator and collaborator. Team's Function & Role: Collaborate, facilitate,
Objective(s): By five o'clock, February 19, 1997, 25 disseminate information.
youth, 10 adults and 10 seniors will participate in the Objective(s): Not provided.
community Health Fair in order to increase by 5% the Project Evaluation: Not provided.
awareness and participation in drug elimination agency
programs.
Project Evaluation: Increase in clients and referrals to Team Name: Ku Pa'a Mekealoha No Na'Ohana (Family
treatment programs and through police statistics. Support Services, YWCA/Teen Court, UH-
Ext. 4-H, Kamehameha School, Hawaii
Youth Services Network, Queen
Team Name: Local Motion for Learning (Hamakua Youth Liliuokalani Children's Center, HCPD)
Center, YWCA, residents, rancher, Problem Statement: How to motivate "at risk" teens to
community members, Hawaii County positive activities and behaviors.
Council, Hamakua High School, HI PAL, Goal Statement: Provide STARS (Summer Teens Are
Paauilo School, HCPD, Parks and Rising Stars) workshop to 50 high risk teens. Goal date:
Recreation, Hamakua Health Center) Summer 1997
Problem Statement: Since 1992, over 800 families along Project/Activity & Description: Collaborative alcohol,
the Hamakua Coast have been struggling with the effects of drug prevention & community violence reduction program
unemployment and under-employment with the closure of targeting "at risk" teens. Involvement in a series of
Hamakua Sugar. These effects include family violence, summer workshops focusing on creative, visual and
increased rates of substance abuse, lowered self-esteem, performing arts.
increased incidents of depression, and suicide. These Team's Function & Role: Facilitator to engage "mentors,"
problems exist among teens and adults. presenters, and teen participants.
Goal Statement: To identify services to strengthen youth Objective(s): Various workshops designed to encourage
and their families. Goal Date: August 1998 and spotlight talent in teens who are not highly successful in
Project/Activity & Description: Local Motion will academics.
identify existing services that will help community by: 1) Project Evaluation: 1) Workshops designed to fit stated
attending community association meetings with camps to teen need, 2) production/produce required for display, and
become aware of their needs and 2) collaborating with 3) exchange club to sponsor talent show to spotlight teen
existing services. groups.
Team's Function & Role: To collaborate and
communicate between agencies and communities.
Objective(s): 10% of the identified families of the
Hamakua Coast will participate in the existing service.
Project Evaluation: The attendance at the meeting of the ~ ~
seven camps (one plantation camp per meeting) will be 100
youth and 200 parents.
Team Name: TAPPPS -Teenage Pregnancy Prevention &
Pazenting Support (Boys & Girls Club,
community member, prosecutor's office,
Home School, Sexual Assault Support,
Dept. of Health, Pahoa School, Bay Clinic)
Problem Statement: There is high incidence of sexual
assault among teenagers through date rape. Date rape
affects the victim, her family & others which lead to other Wow! Great plans-for communities!
problems in the community.
Goal Statement: To promote education and awazeness to
East Hawaii youth about sexual assault. Goal date: May
1997 (short-term) December 1997 (long-term)
COUNTY OF HAWAII
HAWAII COUNTY COUNCIL
PROGRAM AND BUDGET REVIEW QUESTIONNAIRE
Fiscal Year 1997-98(FY98)
A. PROGRAMS
1. Identify new goals and objectives reflected in your FY98 budget and the rationale and
authority for implementation.
A new goal for FY98 will be the establishment of a Violence Against Children Project
funded by the Attorney General through the Byrne Memorial Fund. This project will
pilot an effort to concentrate on incidents of child physical and sexual abuse in East
Hawaii. Community Prosecution continues [o be a goal.
2. Identify goals and objectives that are to be discontinued in FY98 and the rationale for
termination.
No programs or goals have been discontinued.
3. Identify programs or divisions (if appropriate) with significant 10%) budget increases
or decreases from the current year and the rationale for change in FY98. What impact do
you expect these changes to have on services provided.
a. Career Criminal Program -This is astate-funded program. Though not slated to receive
a large decrease over the amount appropriated last year, as of this writing, the amount being
appropriated is $274,021.92 short of what is needed to fully fund [his program. Last year's
shortfall was picked up by carry-over funds from the previous fiscal that is now completely
depleted. With this shortfall, Che services provided by this unit will be drastically cut and
employee positions terminated unless the State or County is able to absorb this program's
positions. A grant-in-aid request is pending in the legislature.
b. County Operating Budget -FY97 we reduced our County operating budget to what we felt
was a bare bones budget. For FY98 we are actually reducing our operating budget by an
additional 2%. To accomplish this we've canceled most maintenance contracts and are not
purchasing any equipment for FY97 and the same for FY98. It's questionable whether or
not we will be able to pay FY97's electricity bill! Our department is on a bare bones budget.
4. Breakdown your department budget by division (if appropriate) and funding source (federal,
state, county, other). List programs or services provided under each.
Projected for FY98:
a. Federal $405,027 Victims of Crime Act $110,000
Violence Against Children & Youth $295.027
$405,027
b. State $1,028,849 *Career Criminal Program $766,369
*Victim/Witness Assistance Program 2 2 4
$1,028,849
c. Public Record Fees $12,000 $12,000
d. Forfeitures $100,000 $100,000
e. County $2,698,905 $2,698,905
* A grant-in-aid request is pending in the State legislature (HB965/SB1037)
Federal & State Grant funding do not coincide with the County's fiscal year.
5. Provide a copy of Form /~B-202 for major equipment requests $25,000) budgeted for in
FY98 by division (if appropriate) and the rationale for each major contract.
a. -0- We have not budgeted a single equipment purchase for FY98. FY97, our total
County budget for equipment purchases was $600.
6. List major professional service contracts $25,000) budgeted for in FY98 by division (if
appropriate) and the rationale for each major contract.
a. Wang Global Computer Maintenance Contract - $26,000. This contract has been pending
since FY95.
7. What programs or services would you like [o provide but are unable to do so'? If any, describe.
We would like to develop aGang/Violent Crime Unit and will be pursuing Federal Funds
under President Clinton's new initiative. There is a need for more clerical & investigative
support for the attorneys due to increasing trial calendars.
8. Are there other funding sources (e.g. grants, entitlements, etc.) other than those already in
place that could supplement or enhance programs or services currently provided? If any,
describe the source and why you have not been able to access the funding.
a. None, at this time.
B. EMPLOYEES
1. List the funding source and rationale for new positions reflect in your FY98 budget.
a. We are asking that the County fund our office's domestic violence unit which will run out
of funds in March of 1998. See information concerning this unit in the accompanying
packet. Without this unit, critical services being provided by our office will be discontinued.
2. List the funding source and rationale for positions to be deleted in FY98.
a. Though not deleted, our office has " 2" state-funded positions that remain unfilled due to the
budget restraints.
b. Domestic Violence Grant -funding of unit's positions.
3. List position reallocations that are planned for in FY98 and the rationale for reallocation.
a. Victim Witness Coordinator - We are planning to reallocate this position to an EM1
because of the increased responsibility assigned to this position.
b. We are continuing to look at reorganizing the clerical series to the legal clerk series.
This series is more appropriate to a law office.
4. What positions would you like to add, fill or fund that are not in your F98 budget and why'?
a. We would like to add the following positions: Hilo -Investigator V, Legal Clerk III, and
a Paralegal for forfeitures. Kona -Legal Clerk III.
b. We would like to fill/fund the following vacant positions: Hilo-Victim Witness Counselor I
Kona -Investigator V.
c. These actions are necessary due to the tremendous about of cases being handled by our
office.
5. Provide a detailed organization chart of your department's operations in FY98.
-see attached-
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DOMESTIC VIOLENCE PROJECT
Domestic and family violence continued to negatively impact the entire
community of Hawaii County in 1996. In recent years there has been a dramatic
increase in the incidence of domestic violence. The number of misdemeanor cases of
abuse of family and household member rose from 151 reported cases of abuse in 1987,
to 525 in 1990, to 780 in 1992. In 1994, the number of reported cases rose to 855, while
during the first ten months of 1996, 927 cases were reported.
In 1996, there were 755 Family Court petitions for temporary restraining orders
filed for protection against family members in Hawaii County. This number does not
include the restraining orders that might have been filed between partners who were
not married and did not live together. Still, the number of Family Court protective
orders filed is more than double the number of petitions filed in 1992 (354).
A recent study performed by the Attorney General's Office revealed that
Hawaii County had the highest domestic violence-related homicide rate in the State
for the ten-year period 1985-1994. Hawaii County's rate was 25.8 domestic violence
homicides per 100,000 population, compared with 11.3 for Oahu, 7.9 for Kauai, and 8.1
for Maui. While only 29 percent of the homicides in the State were domestic
violence-related, 46 percent of the Big Island's homicides were DV related.
Statistics also show that Hawaii County has some of the worst negative social
indicators proportionately in the State, including child and elder abuse, protective
orders, unemployment, poverty, teen pregnancy, suicide, alcohol and drug abuse, and
juvenile crime. According to the January 1997 annual survey of Social Indicators by
the Hawaii Mental Health Association, Hawaii County has:
a) the highest rate of confirmed cases of child abuse and neglect in the State;
b) the highest number of children living in poverty;
c) the highest rate of criminal offenses in schools;
d) the lowest per capita income in the State;
e) the highest rate of Domestic Abuse Protective Orders
(32.8% of the State total, but only 11.5% of the State population);
f) the highest rate of food stamp recipients
(35% of households);
g) the highest rate of confirmed incidents of Abuse of Dependent Adults (3 1/2
times the Oahu rate); and
h) suicide/attempted suicide rate twice that of Oahu.
Yet, private and government social services are declining at a time when needs
are rising. These pressures increase the likelihood of an escalating domestic violence
problem unless effective intervention is made.
Concurrent with the increased incidence of domestic violence is an increased
community-wide impact. Research shows that these cases start a "cycle of
violence"--as more children and victims witness family violence or are abused
themselves, the more likely it is that they too will become victims or abusers. The
cycle of violence has expanded to the point where there is now acommunity-wide
impact, as evidenced by the increasing drain on law enforcement, judiciary, social
services, shelter services and perpetrator treatment programs.
The Hawai County Prosecutor's Office, in 1993, established a Domestic
Violence Unit through funding provided by a Federal/State grant in recognition of
these social problems. This unit's ultimate goal is to or at least decrease,
domestic violence within families, as well as to decrease the overall violence in our
society. By establishing the Domestic Violence Unit, our office has been able to focus
on expeditious prosecution and effective arrest as these have been recognized as key
elements in the successful handling of domestic violence issues. Further, we have
recognized that to reduce the risk of continued abuse and to successfully solve
problems, agencies must coordinate their efforts and share information. This has
resulted in the establishment of a county-wide Domestic Violence Interagency Team
which is coordinated by our domestic violence unit. And, in order to extend much
needed services to victims of domestic abuse in a time when resources are very scarce,
the Domestic Violence Unit's volunteer program has provided us and the
community with thousands of hours of their valuable services at virtually no cost to
the County!
DOMESTIC VIOLENCE VOLUNTEER PROGRAM:
A total of 47 volunteers have been recruited and trained in the past 28 months.
These volunteers performed 8,400 hours of work time which translated to $130,413.72.
(See Table I)
Volunteers in the Domestic Violence Unit assist with a variety of tasks, but
perhaps most importantly, they make sure that victims of domestic violence are
contacted very quickly after the crime so that they can receive support, information,
referrals and education. This is an emotionally frightening and confusing time for
the victim. The added complexities of becoming involved with the criminal justice
system compound her fears. Volunteer advocates help to address these fears and
obtain assistance when needed.
Another important component of early victim contact is to assist with
expeditious prosecution by contacting victims early. Studies indicate that successful
prosecution rates increase if victim contact is initiated soon after the offense. This
strategy also decreases the length of time that the victim may be exposed to offenders
and non-supportive family members.
Besides recruiting and training volunteers from the Domestic Violence Unit,
the Volunteer Coordinator has helped to enlist volunteers for all of the other units
within our office. Volunteers have been recruited to assist in the investigative unit,
the clerical unit, the fiscal section, the screening unit, district court unit, the circuit
court unit, the victim assistance unit and the legal research unit.
Volunteers and the Volunteer Coordinator have also been active on different
committees and projects for the Domestic Violence Interagency Team. They have
actively helped to plan and assisted in a recent Youth Conference and have delivered
presentations on the domestic violence within the community. Volunteers also
assist the DV deputy in monitoring defendants who are placed on probation. This
has been an effective procedure in holding defendants accountable to court orders.
DOMESTIC VIOLENCE INTERAGENCY TEAM:
Comprised of over forty government and non-profit agencies, community
organizations, and interested citizens, the Domestic Violence Interagency Team
(DVIAT) meets monthly at the Hawaii County Police Department. Its coordinator is
the Prosecuting Attorney's Domestic Violence Interagency Coordinator.
DVIAT's mission is to "Prevent and Reduce Family and Domestic Violence in
Hawaii County and Improve Services to Victims". This includes child abuse, spouse
abuse, abuse of the elderly and dependent adults, abuse of other household members
and dating violence.
There are numerous committees and subcommittees working on specific
objectives and issues. Some of these committees are:
1) Safe Children Center Committee
2) Public Awareness Committee
3) Legal Procedures and Enforcement Committee
4) Education and Intervention Committee
5) Noncompliance with Court Orders to Alternatives to Violence Programs
6) Emergency Response Committee (Ad Hoc)
MAJOR ACCOMPLISHMENTS AND ACTIVITIES OF DVIAT
As we enter the final year of the Byrne Memorial Grant we reflect on the goals
and objectives of the project. DVIAT has accomplished many of its goals and
objectives. Some of DVIAT's accomplishments over the past 3 years are highlighted
below.
A. DOMESTIC AND FAMILY VIOLENCE CONFERENCES
Through efforts of DVIAT, two conferences were held in April, 1996 on family
and domestic violence. Both conferences reflected a wide collaboration of
government agencies, service providers, and community organizations. The
conferences were videotaped and edited for broadcast on public access television
channels and for training purposes.
In December, 1994, a similar conference was held in Hilo. Both sets of seminars
brought in nationally known experts and speakers in the area of domestic violence
and attracted participants from all over the State.
B. SAFE CHILDREN CENTER ESTABLISHED IN HILO
In 1995, DVIAT coordinated an effort to provide a safe, neutral location where
parents in conflict could drop off and pick up their children. This was done in
collaboration with the Judiciary, the YMCA, DVIAT and several community
organizations.
C. PUBLIC AWARENESS COMMITTEE
1. Completed production of statewide public service announcement for
television.
2. Conducted a domestic violence awareness campaign which included mass
media campaigns, collecting educational videos, distributing victim safety
plans, posters, participating in public forums, assisted with fundraising for
domestic violence agencies.
3. Assisted in obtaining and administering a grant for community outreach to
raise public awareness of domestic violence and the availability of domestic
violence prevention/intervention resources in the economically depressed
areas of Hamakua and Ka'u.
D. EDUCATION AND INTERVENTION COMMITTEE
1. Drafted and distributed "Domestic Violence Needs Survey" to principals of
all public schools.
2. Helped obtain grant funding for domestic violence play production in
public schools.
3. Assisted in obtaining new topics for ASK-2000 directory relating to domestic
violence.
4. Developed a "speakers bureau" as a resource for anyone needing speakers
on the issue of domestic violence.
E. LEGAL PROCEDURES AND ENFORCEMENT COMMITTEE
1. Developed written procedures for the Courts, Police and Prosecutors
regarding collection of firearms subsequent to issuing of restraining orders.
2. Produced written procedures and forms for civil Family Court substance
abuse orders.
3. Reviewed batterers treatment standards and made recommendations to the
Domestic Violence Clearinghouse.
F. ALTERNATIVES TO VIOLENCE PROGRAM NONCOMPLIANCE COMMITTEE
1. Developed written procedures for ATV non-compliance cases.
G. EMERGENCY RESPONSE COMMITTEE
1. In the process of developing procedures for domestic violence advocates to
respond to the emergency room of the hospital to assist domestic violence
victims. This involved meeting with emergency room doctors, nurses,
hospital administrative personnel and police.
H. OTHER ACCOMPLISHMENTS
1. Developed a domestic and family violence directory of resources.
2. Assisted with the formation of a West Hawaii Domestic Violence
Interagency Team. Have met via videoconferencing so that both sides of
the island can participate.
DOMESTIC VIOLENCE PROSECUTIONS
One of the basic goals of the domestic violence Byrne Memorial grant is to
process cases faster through the criminal justice system. The grant proposal
recognized that expeditious prosecution and effective arrest of perpetrators along with
early victim contact are most likely key elements in the successful handling of
domestic violence cases.
Our office continues to make progress in the following areas:
1. Screening cases within 14 days has improved from 63% (2/95-1/96) to 72%
(2/96-1/97).
2. Vertical prosecution of cases has improved from 83% to 91%.
3. Victim contact within 10 days of report to police has improved from 66% to
68%.
We, at the Hawaii County Prosecutor's office, believe that we have had a direct
impact on the community in stemming the tide of domestic violence. This has been
done, not only through the more traditional ways of effective and efficient
prosecution but by taking a community approach to the problem of domestic
violence.
Number of Cases
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CAREER CRIMINAL
Despite budget cuts from the State, we have continued to maintain aggressive
prosecution of career criminals in the County of Hawaii. The specific categories of
"career criminals" are listed in Chapter 845 of the Hawaii Revised Statues, as
amended. Section 845-3 lists three mandatory categories of defendants which
demand career criminal prosecution (CCP) attention. Our office, however, gives
CCP attention to defendants that fall into any of the listed categories. CCP attention
is given to appropriate defendants whether or not the offenses are felonies,
misdemeanors, or petty misdemeanors.
The State Legislature enacted the Career Criminal Chapter because they found
that a SUBSTANTIAL AND DISPROPORTIONATE AMOUNT OF SERIOUS CRIME
WAS BEING COMMITTED AGAINST PEOPLE BY A RELATIVELY SMALL
NUMBER OF MULTIPLE AND REPEAT FELONY OFFENDERS, COMMONLY
KNOWN AS CAREER CRIMINALS. The goal of the Office of the Prosecuting
Attorney is to arrest, charge, and incarcerate career criminals as quickly as possible.
Once they are incarcerated, our goal is to keep them in custody, both pre-trial and
after sentencing. We do the following to achieve our goals:
Assign experienced attorneys to the CCP cases.
Early tracking of high risk juveniles who most likely will be considered CCP
defendants as adults.
Increasing the number of arrest and charge cases involving CCP defendants.
Requests for high bail or commitment without bail.
Immediate filings of revocations of bail and revocations of supervised release
upon non-compliance of failure to comply with terms and conditions of
release.
Filing of motions for enhanced sentencing such as mandatory minimum
terms, consecutive terms of imprisonment, and extended terms of
imprisonment.
The Office of the Prosecuting Attorney is aggressively prosecuting persons
classified as career criminals.
Rerordkeenine
All CCP cases are specifically designated in our computerized tracking system.
Each case is manually logged onto a statistical form. These statistics are used to
provide reports to the Department of the Attorney General.
VICTIM/WITNESS ASSISTANCE PROGRAM
The State established victim-witness assistance programs through the
Department of the Attorney General to be implemented by the County prosecutors
under HRS 28-111 "to provide information, assistance, and support services to the
victims of and witnesses to crimes committed in the state."
HRS 801D, more commonly known as the Victims' Bill of Rights,
recognized the civil and moral duty of victims and witnesses to cooperate with law
enforcement and prosecutorial agencies, and the importance of such cooperation for
the general effectiveness and well being of the criminal justice system of this State.
HRS 801D also declared the intent to ensure that all victims and witnesses of crimes
are treated with dignity, respect, courtesy and sensitivity, and that the rights are
honored and protected in a manner no less vigorous than the protections afforded
criminal defendants.
Hawaii County's Office of the Prosecuting Attorney has shown
commitment to victims of this community with continuous support of its
Victim/Witness Assistance Program. The program originated in 1976 as the Justice
for Victims Program with one advocate who handled 47 felony cases in the first six
months of operation. During the last six months of 1996, the current staff of eleven
(six advocates, three and a half clerical and one coordinator) provided services to 3,067
victims, witnesses and their significant others.
The Program's staff is devoted to minimizing the oftentimes adverse
impact of the criminal justice system. The services include (but are not limited to):
-Notification of case and offender status
-Court procedure orientation
-Court accompaniment to provide support
-Assistance with criminal injuries compensation
-Property return
-Assistance with victim input for sentencing, plea
agreements and Parole Board minimum term hearings
-Transportation
-Emergency services (food, clothing, shelter, costs for
temporary restraining orders)
-Intercession with employers and creditors
-Referrals to community agencies
-Short term and crisis counseling
-Travel and hotel arrangements for returning witnesses
-Witness coordination to minimize time spent waiting at
court
-Arrange a secure waiting area for witnesses away from
defendants
-Support during interviews of victims of child abuse,
domestic violence, sexual assault and other
sensitive cases
-Presentations to community organizations and training
to other agencies
-Support to victims, witnesses and deputy prosecuting
attorneys at trials, hearings and grand jury
-Monitor the computer generated victim notification
system, which printed 5,689 letters in 1996.
The Program has a total of 12 positions. Three are funded by the county,
two through a federal grant, and seven are state funded. The breakdown by source of
funding/position/office is:
County
Coordinator -Hilo
Counselor II -Hilo
Counselor II -Kona
Federal
Counselor II -Hilo
Half time Clerk Steno -Hilo
State
Counselor II -Kona
Counselor II -Hilo
Counselor I -Hilo
Counselor I -Hilo (vacant due to cut in state funds)
Sr. Clerk Steno -Hilo
Sr. Clerk Typist -Kona
Clerk Steno -Hilo
Obviously, if State funding were to be reduced or eliminated, the overall
program services would be affected drastically and directly impact the victims of
crime on the Big Island. Since 1995, the program cut back on services to victims of
property crimes and petty misdemeanors in order to more effectively reach most, if
not all, victims of violence. The Victim Assistance Program strives to support and
respond to the needs of victims and witnesses of this county, and hopes that the
County will do the same for the Program.
CIRCUIT COURT
The Circuit Court Units of the Office of the Prosecuting Attorney services three
Courtrooms, one in Kona and two in Hilo. The Kona office has one unit comprised
of 4 attorneys and the Hilo unit has 6 attorneys. These units are responsible for the
prosecution of all felonies within the County of Hawaii for crimes ranging from the
most vicious homicides to theft cases. Felony cases consist of any case where there is
the possibility of a State Prison Sentence, while Misdemeanor cases can subject the
defendant to a period of up to one year in jail. Defendants in Misdemeanor cases are
entitled to Jury Trials. When such a request is made the circuit court unit is
responsible for the prosecution of Misdemeanor Jury Trials.
The following table shows the total of circuit court filings and the distribution
of cases between the two offices of the Prosecuting Attorney.
1995 Hilo Office 481 cases 67%
Kona Office 242 cases 33%
Total 723 cases 100%
1996 Hilo Office 501 cases 68%
Kona Office 235 cases 32%
Total 736 cases 100%
During the past year this office has actively prosecuted these cases. The bulk of
the cases result in a plea of guilty or no contest by the defendant but must still be
prepared as if the case were to be tried by a jury. The preparation of the case often
results in its disposition short of trial. Defendants do not have to plead guilty to any
crime and can insist that this office prove their guilt beyond a reasonable doubt to a
jury or to a judge.
The Circuit Court Unit is also responsible for a variety of other matters
including all appeals from felony convictions, writ practice in both Federal and State
Court, evidentiary hearings relating to motions in felony and misdemeanor cases that
are set for jury trial, felony sentencing proceedings, probation revocation hearings,
parole board hearings, assistance to the Police Department with Officer training,
review of search warrants, after hour pager duty.
Deputy prosecutors assist the police and the community by carrying pagers for
after hour calls regarding potential criminal charging of defendants. Calls from
Hawaii County Police Department are received at all hours of the night. In addition
to Deputy Prosecutors rotating on call duty, all supervisors are required to carry pagers
and remain available to the police and other deputy prosecutors for consultation on
cases after hours. The number of after hour calls is 11-26 per week. The total number
of hours that deputy prosecutors are on pager duty is in excess of 700 hours per week.
In addition to the hours of pager duty expected of deputy prosecutors, deputies
typically spend time beyond the normal 8 hour day to complete the work needed on
their cases. The range of hours expended varies depending on the needs of the case,
whether the case is in trial, trial preparation, whether witnesses can be contacted
during business hours and the like. Typically the range of hours in excess of the work
week for all the deputies is in excess of 120 hours per week and can exceed 200 hours
in any given week.
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DISTRICT COURT
The Hawaii County Prosecutor's Office covers seven district courts islandwide.
The East Hawaii office covers the districts of North/South Hilo and Puna. The North
Hawaii office services the districts of Hamakua, North and South Kohala; while the
West Hawaii office covers Kona and Ka'u districts.
Two and a half deputies in East Hawaii, one in North Hawaii and two in West
Hawaii, not including the Domestic Violence Deputy, handle all of the misdemeanor
and traffic cases for the Hawaii County. In 1996 district court deputies processed a total
of 6,176 defendants and 13,663 charges islandwide. This number does not include the
traffic violation cases handled by our office as those are not intaken. District Court
deputies, however, spend approximately 1/4 to 1/3 of their time processing traffic
violations on calendars as well as in trials.
District court depuries handle a total of 37 traffic/criminal calendars per month
islandwide. These calendars do not include the misdemeanor domestic violence
cases as those are heard on different days in East Hawaii. The traffic/criminal
calendars cover every type of crime/violation from barking dogs, to no-fault
insurance to assaults, drug cases, criminal property damage and also include
regulatory violations from the Department of Land and Natural Resources, the State
Harbors Division, the Department of Transportation and other departments.
In 1996, the district courts also processed a number of "sovereign" cases. These
cases required extra resources because typically, the cases involved multiple
defendants raising constitutional issues which resulted in protracted litigation. In the
Shipman trespass case, 63 defendants were prosecuted in a trial that took over a year
to complete. The Walmart protesters case involved 20 defendants and is still
ongoing. District court deputies handled these cases in addition to their regular
caseloads.
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YOUTH GANG/FAMILY COURT
The Office of the Prosecuting Attorney has recognized youth gang activity as a
growing problem which must be dealt with swiftly and equitably. Gangs, whether
loosely formed or not, continue to be responsible for a wide range of criminal
activities including burglaries, thefts, assaults, murder, attempted murder, firearm
violations, criminal property damage, drug offenses and graffiti.
Family Court-Juvenile filings continue to steadily increase. In 1994-95, the
number of family court-juvenile filings was 1,737. That number went up to 2,095 in
1995-96.
Hawaii County, therefore, uses a strong prosecutorial anti-youth gang
approach. Juveniles and adults involved in any gang activity are processed as quickly
as possible through the criminal justice system. This brings juveniles under the
jurisdiction of the Family Court so that necessary programs, services and sanctions
can be imposed quickly.
In 1996, the Office of the Prosecuting Attorney continued to assign one Hilo and
one Kona deputy to handle Youth Gang/Family Court cases despite not receiving
special funds for these programs. Additionally, our North Hawaii deputy handles all
of the Family Court cases for the Hamakua, North and South Kohala areas. "Youth
Gang" members, however, transcend all courts. So even felony and misdemeanor
deputies assigned to prosecute adult defendants handle gang cases for those who have
continued their involvement in gang activities even after turning 18.
As an example, gang activity in Kona consisted mainly of activities by the West
Side Hoodlums. Two members of this gang were convicted in 1996 of robbery and
theft. This case arose out of an incident in which the two gang members, in the
presence of other gang members, assaulted and intimidated two teenagers into giving
up their wallets. One of the gang members went to prison. The other served six
months in jail and is currently facing new charges similar to the prior incident.
Konawaena School also experienced a gang related disturbance just before
Christmas vacation. Police, school authorities and the prosecutor's office met to
discuss responses to future situations and other preventive actions.
The goals of the Youth Gang/Family Court positions are:
1. Early identification by all participants of the criminal justice system ;
2. Expedited processing through the criminal justice system;
3. Intense monitoring of a juvenile's criminal activity and more
meaningful sentencing;
4. Maintaining a network with other agencies to exchange information on
gang identification, gang activities and case dispositions. These agencies
include probation, police, Department of Education, Family Court and
other private agencies;
5. Promoting prevention programs through schools and community
organizations.
The Hawaii County Prosecutor's office continues to work toward the
elimination of gang activity within our community. The emphasis in this area has
been to prevent youth gang activity from growing to such outrageous proportions as
it has in some places on the mainland. We recognize that intervention and
prevention efforts as well as swift and effective prosecution all contribute to a safe
and gang-free community.
SCREENING UNIT
The screening unit was established in the Hilo office to review cases referred
by law enforcement agencies. The unit reviews cases from the Districts of South
Kohala, Hamakua. Hilo, Puna, and Kau.
Cases referred are first intaken within the unit to allow for computer tracking.
Once intaken, computer generated letters are sent out to any victims to notify them
that the unit has received the case and will be reviewing it. A deputy prosecutor in
the unit is then assigned to review the case. If the case is accepted for prosecution, a
complaint is prepared (for misdemeanors and below) or the case is scheduled for
indictment by the grand jury (felonies). In the case of felonies, the screening
deputies present the cases to the grand jury for indictment. If the case is not accepted
for prosecution,a letter is prepared notifying any victims of this disposition.
The screeing deputies also confer with the patrol divisions of the police
department in South Hilo and Puna. Conferrals are also done with the Hilo
Criminal Investigations Division and the Hilo Vice Division. Conferrals is a
process where the screening deputies go down to the respective stations of the police
and make themselves available to review cases investigated and to answer any
questions the police may have.
The majority of the cases referred to our office are processed by the screening
unit. On average, 150 felony cases and 550 non-felony cases are intaken and
processed by the screening unit per month. Currently there are two deputy
prosecutors and 4 clerical staff assigned to the screening unit.
NORTH HAWAII OFFICE
The Prosecutor recognized the growing needs, the increasing population
growth and resort development, compounded by economic stresses brought by the
shut-down of the Hamakua Sugar Plantation in North Hawaii. The courts have
also increased their calendar days to handle the additional cases in North Hawaii.
To address these needs, in October, 1994, the Prosecutor assigned a deputy prosecutor
to staff an office within the Waimea Police Station during the entire workweek.
The deputy handles district court misdemeanor and traffic cases for South Kohala,
North Kohala, and Hamakua districts and juvenile criminal cases in Family Court
for these same districts.
The deputy prosecutor is available daily to confer with North Hawaii Police
officers, to address community concerns relating to criminal prosecution and crime
prevention, and serve the victims and witnesses in the North Hawaii communities.
Previously, the deputy drove from Hilo or Kona to cover these court assignments
once or twice a week. Moreover, as in all the districts, the deputy is available by
beeper 24 hours a day to advise the police. Support personnel, including victim
counselors, secretaries investigators, assist the deputy from the Prosecutor's office
located in Hilo or Kona.
The North Hawaii deputy carries an average caseload of over 400 cases in
district court alone.
INVESTIGATIVE UNIT
The primary duties of an investigator is to provide investigative assistance to
the deputies of the Prosecuting Attorney. In addition, the investigator conducts
investigations for the State Attorney General and other local and non-local
governmental agencies.
The investigator serves as a member of the prosecution team. Under the
general supervision of the Deputy Prosecuting Attorney or a higher-level
investigator, the investigator conducts selected phases of the investigations of cases
that are being considered or readied for prosecution. The investigator may also be
asked to assist other investigators in their particular case assignments. Duties and
responsibilities include, but are not limited to, the following:
1. Obtains additional, clarifying or substantiating information and facts by
reviewing case records; accessing computerized information systems to
obtain comprehensive data about the suspect, witnesses and others
involved in the case and to verify or obtain information. Locates and
interviews newly discovered witnesses. Visits crime scenes to make and
record observations. Provides Deputy Prosecuting Attorney or higher-
level investigators with oral and written reports of findings, conclusions
and recommendations. Works closely with the Hawaii County Police
Department, federal ,State and County law enforcement agencies in the
investigation of criminal activities including violations of County
ordinances, codes and regulations.
2. Locates witnesses required in court proceedings and serves subpoenas,
penal summons and warrants of arrest when necessary; tracks down
individuals evading service of subpoenas and works with the police to
apprehend persons with arrest warrants issued by the court. Monitors
felony warrants.
3. May participate in special projects and assignments, such as assisting in the
forfeiture of homes in coordination with other law enforcement agencies,
transporting and providing security for witnesses; processing and serving
legal papers; and serving as armed escort for prisoners extradited from
other jurisdictions.
4. May participate in presenting cases before the Grand Jury and in court
proceedings, including trials, and may testify as a witness for the
prosecution.
5. Participates in small arms training to maintain proficiency and
qualification in their use; participates in training about various aspects of
law enforcement.
CLERICAL UNIT
Our office has the largest legal clerical staff in Hawaii County, with nineteen
clerical employees in the Hilo Office and six clerical employees in the Kona Office
that provide assistance to both office attorneys and investigators. The Victim
Assistance Unit and Office Administration each have their own clerical staff. The
clerical staff has unique demands placed upon them, due to the nature of criminal
prosecution. Much of the work demands are rushed, because offenders are in
custody and there are time restraints imposed by the courts which are not
experienced in the civil sector. The ever increasing court requirements, the public's
and other agencies' demands for more and faster service have been attempted
without additional personnel, because of the Mayor's restrictions on new personnel
requests. Doing more with less does not encourage greater efficiency or
effectiveness.
The clerical staff does not only do traditional work such as legal documents,
but they have unique computer case tracking and updating responsibilities for the
over 1,200 new cases opened in our office each month. Moreover, the thousands of
traffic citations that are processed in the office by the clerical staff are not tracked nor
included in case workload unless they are set for trial. Whenever requests from the
public or work within the office require follow-up, the clerical staff is involved.
Most written communication within and outside the office require clerical
assistance.
Our office is the largest litigation office in Hawaii County. We are proud of
our clerical staff's professionalism and the contribution they make to our litigation
efforts. Along with the other support units, the clerical staff provide quality legal
services to the public.
FORFEITURE PROj$CT
The State Forfeiture Law, Chapter 712A of the Hawaii Revised Statutes, as
amended, is intended to impose economic sanctions on persons for the profits
derived from criminal activity. The instrumentalities used or intended to be used
to facilitate the commission of covered offenses can be forfeited. The Forfeiture
Program is administered by the State Attorney General's Office. Forfeitures can be
processed administratively or judicially (for real estate and other high value assets).
Successful forfeiture prosecutions are joint efforts by the Hawaii County
Police Department, the Prosecutor's Office, and the Department of the Attorney
General. The Police and Prosecutor's Office each receive 25% of the forfeited asset
after the asset is sold. These monies or forfeited items can be used for law
enforcement purposes. These forfeiture monies canno be used to supplant the
County's budget
Our goal is to continue efforts to forfeit assets acquired through illegal activity
or used for illegal activity. Forfeitures take the profitability out of illegal activity and
places the asset or the proceeds from the assets to use for law enforcement. We have
found that forfeitures is an effective deterrent to criminal activity.
Prior to fiscal year 1991-1992, forfeiture cases were done by the felony deputies
in the Office of the Prosecuting Attorney, County of Hawaii. It was determined that
forfeitures should be kept separate from criminal prosecutions to avoid even an
appearance of impropriety.
Presently, forfeitures are done part-time by one attorney supervisor, and part-
time by a legal assistant and apart-time secretary. They manage all forfeiture cases
and network with local police, the Attorney General's, Federal drug enforcement
agencies, and the Federal Postal Forfeiture Unit.
Our office has networked with State law enforcement agencies on the
mainland when defendants have been active in illegal drug activities both here and
in other states. We have initiated and participated in a joint effort with the Federal
DEA on seizures from major drug dealers. Statistics reflect that this effort has also
brought thousands of dollars to the County of Hawaii from forfeited assets giving
the County of Hawaii additional funds for law enforcement purposes.
Computers used in processing forfeiture cases have been purchased with
forfeiture proceeds. This has made tracking of cases possible. A computerized bank
of forfeiture documents has been created. We are also building a memo bank so less
time is spent researching.
A portion of the forfeiture funds have been earmarked for attorney training
and career development.
Although much has been accomplished by our office with forfeitures, there
are still objectives that need to be accomplished. Training of police is a major need.
Through this training, the police will be able to recognize the crimes making
property subject to seizure for forfeiture, be able to determine the most cost-effective
assets and to learn what's necessary to initiate a petition for forfeiture. With this
knowledge, more forfeitures should be forthcoming. We have recently conducted a
training class in Hilo and will have one in Kona later this quarter.
The forfeitures have decreased over the years. Last year's type and amount of
property forfeited is noted below:
1994-1995 1995-1996 1996-1997(thru 12/31/96)
$107,603 $78,027 $23,157
There is a need for further investigation, analysis, and follow through on
money-laundering cases. The current staff have been trained but the competing
demands of handling other criminal cases override these complex investigations.
The Supreme Court of the United States has recently ruled that forfeitures do
not constitute a penalty for double jeopardy purposes. Thus, the Office of the
Prosecuting Attorney expects to see additional forfeitures in the future.
State Forfeiture is an effective law enforcement tool to take the economic
incentive out of criminal activity. It should not be considered amoney-generating
mechanism to supplant the County budget. To increase the effectiveness of the
economic approach to battling crime, we hope to create a deputy position and
support staff position to aggressively pursue forfeitures. These positions will be
funded initially by our current forfeiture account.
Dollar Amount Forfeited
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