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HomeMy WebLinkAboutRES 360 Draft 01 2008-2010COUNTY OF HAWAII RESOLUTION NO. 360 10 STATE OF HAWAII RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HRS 46 -7, FOR THE DOMESTIC VIOLENCE PROSECUTION GRANT PROGRAM WHEREAS, the Hawaii County Office of the Prosecuting Attorney has identified physical violence against adult women as a serious and increasing problem in Hawaii County; and WHEREAS, a specialized unit within the Prosecutor's Office is responsible for the prosecution of all misdemeanor crimes of domestic violence; and WHEREAS, the State of Hawai'i Department of the Attorney General's Crime Prevention & Justice Assistance Division has authorized funding to the Hawaii Office of the Prosecuting Attorney to sustain the deputy prosecuting attorney position in the specialized unit; and WHEREAS, these monies, derived from the Office on Violence Against Women STOP Formula Grant Program funded by the American Reinvestment & Recovery Act (ARRA) of 2009, will be used to fund one deputy prosecuting attorney for vertical prosecution of misdemeanor domestic violence and protective order crimes on Hawaii Island where the victim is an adult woman; and WHEREAS, Hawaii Revised Statutes, Section 46 -7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46 -7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an agreement with the State of Hawaii Department of the Attorney General, to enable the County to sustain the deputy prosecuting attorney position under this Domestic Violence Prosecution program, as described in the Office of the Prosecuting Attorney's application for the Violence Against Women STOP Formula Grant, attached hereto and incorporated herein by reference as Exhibit "A ". BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Office of the Prosecuting Attorney, and the Finance Department. Dated at Kona , Hawaii, this 8th day of July , 2010. INTRODUCED BY: I COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawaii ENRIQUES X FORD X I hereby certify that the foregoing RESOLUTION was by GREENWELL X the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN County of Hawai`i on July 8, 2010 X IKEDA X NAEOLE - BEASON X ATTEST: ONISHI X YAGONG X YOSHIMOTO X _ 9 0 0 0 _ •-- * `' Reference: C- 853 /1naived FC COUNTY CLERK CHAIRPERSON PRESIDING OFFICER RESOLUTION NO. 360 1.0 _ - CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 235 South Beretania Street, Suite 401 Honolulu, Hawaii 96813 APPLICATION FOR FY 2009 OVW RECOVERY ACT STOP VAW FORMULA GRANT PART L TITLE PAGE A. PROJECT TITLE: DOMESTIC VIOLENCE PROSECUTION B. APPLICANT AGENCY: HAWAII COUNTY OFFICE OF THE PROSECUTING ATTORNEY C. CENTRAL CONTRACTOR REGISTRATION: © Yes 111 No DUNS No. 09 463 - 6073 F. LOCATION OF PROJECT: AG /CPJAD VAWA #1 (Rev 01/27/10) FOR CPJAD USE D. APPLICATION RANKING WITHIN AGENCY: 1 (as determined by agency head) E. ADDRESS: 655 Kilauea Ave. City Hilo Zip 96720 Fast Hawaii G. PROJECT PERIOD: From July_ 1 2010 To ___M_arch.a31 2.0t' H. AUTHORIZED PURPOSE AREA: Select One 3 I. TYPE OF APPLICATION: New ® Continuation ❑ J. TOTAL PROJECT AMOUNT: $ 81,680 K. OTHER FUNDING SOURCES: Is the proposed project seeking other sources of funding? Yes © No ❑ If yes, then provide name of source and the amount of fimds that is being sought: Source VAWA Amount $ amount allocated to HI County EXHIBIT A L. PERFORMANCE MEASURES: The applicant agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Department of the Attorney General. Yes ® No ❑ M. PROJECT DIRECTOR Name: Charlene Iboshi Title: First Deputy Prosecuting Attorney Address: 655 Kilauea Avenue , Hilo, HI 96720 Telephone: $08_961 -0466 Fax: Ii OR- 961 -8908 E -Mail: f:yi9677() @yahnn_ N. FINANCIAL OFFICER Name: iNaraciteKe ly Title: Business Manager Address: sane Telephone: 808 - 934 -3315 Fax: 808 - 961 -0466 E -Mail: nkelly @caThawaii.hi.us Date received: Project Number: A. THE PROBLEM PART II. DESCRIPTION OF PROJECT The Hawaii County Prosecutor's Office has identified physical violence against adult women as a serious and increasing problem in Hawaii County. In East Hawaii, the extent of this problem is reflected in the surge of restraining orders that are filed with the Family Court. In the first quarter of 2009 -10, there were 219 restraining orders filed as compared to 187 that were filed in the first quarter of 2008 -09. In the second quarter of 2009 -10, the number of restraining orders jumped to 260 as compared to 173 that were filed in the second quarter of 2008 -09. The most tragic example of the domestic violence problem affecting this community is the recent murder of a young mother of two children. In January 2010, just nine days after obtaining a restraining order this young woman was shot to death by her estranged boyfriend. This recent murder highlights the ultimate consequence that acts of domestic violence have upon women in this community. The problem of domestic violence within Hawaii County needs to be addressed to avoid further loss of life and tragic outcomes for those left behind. Currently, a specialized unit within the Office of the Prosecuting Attorney is responsible for the prosecution of all misdemeanor crimes of domestic violence. The domestic violence unit is comprised of a single deputy prosecuting attorney, a victim assistance counselor, and two secretaries. Every misdemeanor crime of domestic violence is reviewed by the attorney and handled all the way to the disposition of the case. During 2009, the attorney in the specialized East Hawai`i unit was assigned 581 domestic violence related cases. This specialized unit has demonstrated that this model of vertical prosecution can produce a successful outcome. The domestic violence unit has also demonstrated that the expeditious prosecution can secure a conviction in the case. During 2009, the average length of time to prosecute a case was 104 days. The expeditious prosecution of these cases resulted in a conviction rate of 76 %. Previous STOP VAWA funds for a deputy handling DV cases in Circuit Court will end on March 31, 2010. County funding will be directed to sustain that Circuit Court deputy in order to handle DV committals as well as other violent crime felony cases of which we have seen an increase. Unfortunately, in the current economic climate, the Office of the Prosecuting Attorney will not be able to also fund the specialized unit deputy. The loss of the attorney position will create a void in the prosecution of domestic violence cases in East Hawaii. Assigning these cases to multiple attorneys will "dilute" the effective and expeditious prosecution of crimes of domestic violence. Instead of being a primary focus, crimes of domestic violence committed against 1 women will become just one of the many cases that the attorney has to juggle with limited time and resources. The OVW Recovery Act STOP grant will provide the Office of the Prosecuting Attorney the means to maintain the specialized unit devoted to the prosecution of violent crimes perpetrated against women. It is that consistency which ensures that violent crimes against women will remain the "primary focus" and no longer treated as "just another case ". B. GOALS AND OBJECTIVES PROJECT GOAL To improve and continue the vertical prosecution of misdemeanor domestic violence and protective order crimes on the Big Island of Hawaii where the victim is an adult woman. PROJECT OBJECTIVES 1. To vertically prosecute all non jury trials which involve physical violence crimes against women. 2. To improve the prosecution of "violence against women" by reviewing and adjusting written procedures for case coordination between the different units within the Office of the Prosecuting Attorney. 3. To improve the prosecution of domestic violence cases by meeting monthly with the different units within the Office of the Prosecuting Attorney to review and address issues or problems specific to domestic violence prosecution. 4. To improve the prosecution of physical violence crimes against adult women by meeting quarterly with the police, FVIC (Family Violence Interagency Committee) and BICAPSA (Big Island Coalition Against Physical and Sexual Abuse) to review and discuss protocols /procedures and ways to improve the system. 5. To improve the evaluation process of how physical violence cases against adult women are handled by developing statistical reports to measure: a) the length of time it takes to prosecute a case; b) the conviction rates for cases handled by the project deputy as compared to those handled by other deputies; and c) track reasons for non - conviction. 6. To maintain or improve the conviction rate for cases handled by the project deputy from the previous project year using data collected in the evaluation process. 7. To maintain or improve the length of time it takes the project deputy to prosecute a case from the previous project year. 2 C. PROJECT ACTIVITIES 1. STRATEGY a. Assign non jury misdemeanor domestic violence cases to the project deputy. b. Review and reevaluate written procedures for case coordination within the office. c. Meet with other agencies such as DVIAT, FVIC, and police to review procedures for case coordination. d. Review and reevaluate internal procedures by examining computer generated statistical reports of data collected to improve the delivery of services to adult women victims. e. Attend specialized training in the areas of domestic violence offered within the State of Hawaii and on the mainland. f. Coordinate monthly meetings within the Office of the Prosecuting Attorney to address issues that arise in the prosecution of domestic violence cases. 2. STAFFING The project will be staffed by a single deputy prosecuting attorney. 3. TARGET POPULATION The project will target adult women that have been victims of domestic physical violence, threats, harassment, or violations of protective orders. The project will be limited to misdemeanor crimes that originate in East Hawaii and which a jury trial has not been requested by the defendant. 4. TRAINING OR TECHNICAL ASSISTANCE The project deputy will attend an in -state or national training on domestic violence if funding becomes available. It is recognized that training is essential to keep abreast of the latest investigative techniques and trial strategies for these specialized cases. 5. EQUIPMENT Existing equipment in the Office of the Prosecuting Attorney will be utilized by the project deputy. This includes: laptop computer, telephone, and video projector. In addition, the deputy will have access to computer and online legal research services. 6. SCHEDULE AND TIMELINE At the end of the project period, a computer generated statistical report will be created to determine whether the outcomes and objectives of the project. 7. AVAILABLE RESOURCES The Office of the Prosecuting Attorney will provide clerical, investigative and victim assistance support, office space, equipment and supplies and appropriate access to training that may be needed during the project period. 8. IMPACT The OVW Recovery Act STOP grant will give the Office of the Prosecuting Attorney the means to focus attention upon the effective and expeditious prosecution of violent crimes committed against women. The grant will enable the Office of the Prosecuting Attorney to create and maintain a specialized unit devoted to the prosecution of violent crimes perpetrated against women. This project will ensure that victims of domestic violence and sexual assault are treated with the skill and sensitivity necessary in these types of cases. The procedures developed will provide for consistent and efficient handling of domestic violence and sexual assault cases which benefit the victim. Victims will not be "bounced" from one deputy to another, will not need to be interviewed a multiple of times and will feel comfortable with the same deputy who handles their case from screening until disposition. D. PROJECT ORGANIZATION AND MANAGEMENT The project will be staffed by a single deputy prosecuting attorney. The attorney will be assigned all misdemeanor domestic violence crimes that originate in East Hawaii for which a jury trial has not been requested by the defendant. The attorney will be assigned to attend meetings scheduled with the police and domestic violence agencies to review procedures for case coordination. In addition, the attorney will be assigned to attend monthly meetings within the Office of the Prosecuting Attorney to review procedures for case coordination. A supervising deputy prosecuting attorney will be responsible for the overall management of the project. E. PERSONNEL Dakota Frenz will be the deputy prosecuting attorney assigned to the project. 4 F. BRIEF PERSONNEL BIOGRAPHIES Dakota Frenz has been a deputy prosecuting attorney since May 2006. She graduated from Whittier Law School in 2005 after obtaining a B.A. from the University of Hawai`i at Manoa. Frenz was a law clerk in the Orange County District Attorneys Office in 2004 assigned to the Sexual Assault Unit and was a law clerk in the Hawaii County Prosecuting Attorney's Office from 2005 until her appointment as a deputy in 2006. G. PARTICIPATING AGENCIES Other agencies involved in the project are: Police, FVIC, Adult Probation, Family Court Probation, and District Court Probation. H. PERFORMANCE INDICATORS /OUTCOME MEASURES 1. Whether all non jury misdemeanor domestic violence crimes committed against women in East Hawaii were vertically or modified vertically prosecuted. This will be accomplished by reviewing and analyzing computer generated statistical reports. (Objective 1) 2. Whether internal written procedures were reviewed and adjusted by the units within the Office of the Prosecuting Attorney. This will be accomplished by keeping minutes of the meetings as well as by the existence of written procedures. (Objective 2) 3. Whether monthly meetings with the different units within the Office of the Prosecuting Attorney have been held to review and address issues or problems specific to domestic violence prosecution. (Objective 3). This will be accomplished by keeping minutes of the meetings as well as by the existence of written procedures. 4. Whether meetings were held with police, DVIAT, FVIC, and BICAPSA to review and discuss protocols/procedures and ways to improve the system. (Objective 4). This will be accomplished by keeping minutes of the meetings as well as by the existence of written procedures. 5. Whether statistical reports have been generated to determine: 1) length of time it takes to prosecute a case; 2) the conviction rates for cases handled by the project deputy as compared to those handled by other deputies; and 3) trends in non - conviction reasons . (Objective 5) 6. Whether from the previous project year the conviction rate for the project deputy has been maintained or improved. (Objective 6) 5 7. Whether from the previous project year the length of time it took the project deputy to prosecute a case has been maintained or improved. (Objective 7) The supervising deputy prosecuting attomey will be responsible for the data collection and analysis to determine whether these outcomes have been met during the project period I. PROBABILITY TO IMPROVE CRIMINAL JUSTICE SYSTEM This project will ensure that victims of domestic violence and sexual assault are treated with the skill and sensitivity necessary in these types of cases. The procedures developed will provide for consistent and efficient handling of domestic violence and sexual assault cases which benefit the victim. Victims will not be "bounced" from one deputy to another, will not need to be interviewed a multiple of times and will feel comfortable with the same deputy who handles their case from screening until disposition. As a result of improved case coordination both internally within the Office of the Prosecuting Attorney as well as with other agencies, cases will proceed through the criminal justice system more quickly and there will be successful case outcomes. 6 A. SALARIES & FRINGES B. FRINGE BENEFITS PART III. BUDGET DETAIL & EXPLANATION COST ELEMENT AMOUNT Position Title Mo. Salary Deputy Prosecuting Attorney Total Salary for project period 7/1/10- 3/31/11 (9 mos) $ 6,710 $ 60,390 Position Title Deputy Prosecuting Attorney Fringe benefits: 7/1/10- 3/31/11 @ 35.25% $ 21,290 TOTAL SALARY AND FRINGES $ 81,680 C. CONSULTANTS $ - D. TRANSPORTATION & SUBSISTENCE $ E. SUPPLIES, POSTAGE, PRINTING, ETC. $ F. OTHER COSTS (Specify) $ TOTAL PROJECT COST $ 81,680 BUDGET EXPLANATION: A. SALARIES AND WAGES Salary for the Deputy Prosecuting Attorney for the project period, 7/1/10 to 3/31/11, 9 months. B. FRINGE BENEFITS The composite fringe benefit rate for the Deputy Prosecuting Attorney is 35.25 %. The rate consists of the following fringe benefit items and computed rates: Retirement — 12.25%, Social Security — 6.2 %; Medicare — 1.45 %; Worker's Comp — 2.3 %; Unemployment - .15 %; Health Benefits — 12.9%. C. Consultants /Contracts None D. Transportation and Subsistence None E. Office Supplies None F. Equipment None G. Other Costs None STOP VIOLENCE AGAINST WOMEN FORMULA GRANT PROGRAM CERTIFICATE OF COLLABORATION To be completed by applicant agency: Applicant Agency: HAWAI' I COUNTY Or'r OF THE PROSECUTING ATTORNEY In satisfaction of the requirements under this grant program, this agency certifies that it has consulted with the local victim services program during the course of developing this proposal in order to ensure that our proposed activities and/or equipment acquisitions are designed to promote the safety, confidentiality, and economic independence of victims of domestic violence, sexual assault, stalking and dating violence. Please provide a brief description of the consultation with and/or collaborative relationship established between the applicant and the local victim services organization identified below: Sexual Assault Nurse Examiners provide timely medical response and evidence collection to sexual assault victims and collaborates with the rest of Hawai'i County Sexual Assault Response Team. March 12, 201 Name of Organization: Name & Title of Signing Authority: Signature: Date: C Ic29 Date Authoriz6d Signature of Applicant Agency To be completed by local victim services organization. The individual signing this section may not be from the applicant agency. Sex Assault Nurse Examiners As a designated representative of Hawai' i Police Department a recognized local victim services organization, I clarify that the above is an accurate description of the consultation with and/or collaborative relationship established between my agency and that applicant agency identified above. Hawai'i County Police Department Paul K. Ferreira, Deputy Police Chief March 12, 2010 AG /CPJAD #24 7/2008 295826_1