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HomeMy WebLinkAboutCOM 0533.005 2000-2002 OFFICE OF TI-IE PROSECUTING ATTORNEY 2002 - 2003 FISCAL YEAR . ; - I ~ I.,,;~ ~ iii, ~_i The Office of the Prosecuting Attorney has submitted a budget that wi+hl o;~a1~1~,us ; to carry out our mission of "pursuing justice with integrity and commitment" and continue our present operation given the current fiscal condition of the County. Over the past several years, due to fiscal constraints, the Office has limited expenditures of County funds as the population and demand for prosecution services has continued to rise. Referrals have increased from 14,261 in 199 to 20,500 in 2001, an increase of 44°/D. Yet, County funded operating expenses has declined from $703,600 in 199 to $598,342 in 2001. Any further reduction to our personnel or operating budget will severely impact our daily operations and staff morale. The quality of preparation and presentation may likely be compromised and ultimately affect case outcomes. FISCAL YEARS 1995 - 2001 51.000,000 25,000 595°,000 20.834 20,800 - 22,500 20,500 19.755 _ - . _ 5900.000 ~ _ - 20,000 5850,000 - 16,350 - 17,500 15,866 5800,000 - 14.261 - 15,000 5750,000 - 12.SOC $716,786 5703,600 5700,000 $684,500 - 1D,000 5650,000 - - 7,500 t: $607,400 8600,295 I $598,842 $598,342 $600,000 i - I - 5.000 ; $550,000 - ~ ~ I - 2.500 5500.000 _ _ - - _ - - - --i 0 94-95 95-96 96-97 97-98 98-99 99-00 00.01 Operating -s-Referrals In an effort to proactively address the fiscal limitations of the County budget, the Office has identified special areas of concern and has secured State and Federal funding to supplement and enhance limited County resources. Among State and Federal funded programs are: Career Criminal (CCP), Aid to Victims (VW), Victims of Crime, Violence Against Women, Community Oriented Prosecution and Community Gun Violence Prosecution. Grant revenues currently account for 33 of the 91 positions in the Office and for 34°/D of the total Office budget. These sources, however, cannot supplant or be ~ . Co~sirr?. ~o File ;do. 1 het. fio• Ref. T~at~ ~ ~ 2002 - 2003 Revenue Other' $100,000 2% , ti { Grant Revenue $1.805.0~:4~ r'> 34 % ''?S 'v5. r ''i'%:~ ;;f ,n;} {'r,.~' zf General Fund Revenue ? 53,425,381 64% relied upon to fund County operations. Due to State fiscal concerns, funding for the V W program may be in jeopardy. The Office has dvorked actively with other public and private agencies and community groups to educate the public and improve the criminal justice system. Through the federal Juvenile Accountability Incentive Block Grant (JAIBG) the Office has developed a Community Assessment Report and is currently developing a Juvenile Justice Comprehensive Strategy Plan which will address prevention, intervention, incarceration and aftercare issues of juvenile offenders. In addition, the Office has established the Community Empowerment Organization (CEO) to address crime related problems by using multi-disciplinary community-based methods in each of the nine judicial districts of the Big Island. As you review our budget, please consider as our policy statement the following: ¦ That prosecution and public safety are core functions of the County of I-€advaii; ¦ 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 `vho go face to face with murderers, robbers, rapists and give support to victims of their crimes; and ¦ That the laws establishing our community's norans and holding people accountable for them- actions s~°ilI be fairly and effectively enforced. The Office is staffed by dedicated personnel who strive to pursue justice every day and need the necessary resources to carry out their duties. It is vital to this community that we not reduce our lain enforcement efforts to address the myriad of problems we face which include drugs, thefts, sexual assaults, domestic violence and juvenile crime. We have strived to work with the community in a balanced way to deal with the full spectrum of crime and are committed to working with you toward a safer and stronger Big Island. 3 OFFICE OF TIIE PROSECUTING ATTORNEY COUNTY OF IIAWAII The Office of the Prosecuting Attorney is the legal agency responsible for prosecuting all violations of State and County laws, ordinances, rules and/or regulations on behalf of the Big Island community as provided by Hawaii County Charter Article IX: Chapter 28; H.R.S. 28-1. Offices are located in Hilo, Kealakekua and Waimea to serve Big Island residents. The Office is divided into five units: The Administrative Unit; Attorneys Unit; Victim Assistance Unit; Investigative Unit; and Clerical Support Unit. Staffing includes: ~8 county funded; and 33 State/Federal funded positions. ADMINISTRATIVE UNIT Administration: The Prosecuting Attorney, First Deputy Prosecuting Attorney and Business Manager direct the day to day operations of the office with regard to managing the legal, fiscal, personnel, equipment and facilities maintenance of the operation and coordinating staff meetings, training and other administrative services. Secretarial Services: This section provides clerical support to Administration and assists in the day to day operations of the office. Fiscal Services: Provides for professional accounting in accordance with standard accounting practices while coordinating the fiscal efforts of the State, County, and Federal programs. These employees provide financial analysis, budgeting, and preparation of financial statements and reports, in addition to day to day operational needs with regard to requirements of the County's Department of Finance. Management Information Services: Coordinates daily operation of Wang mini computers; a Macintosh LAN; a PC network; and telecommunications linking the Wang computers to the County and Police system as well as the City & County of I-Ionolulu and State of Hawaii. Work includes t~nalysis and evaluation of office operating procedures, work methods and information needs in order to develop data processing systems and related work procedures for the automation processes and the capture storage, retrieval of information and implementation plans. Volunteer Services Coordinator: Recruits, trains and places volunteers to assist within the Office. The volunteer services coordinator also assists in supporting special projects withing the office. ATTORNEY'S UNIT The Attorney's Unit, divided among East, West and North Hawaii offices, handle all criminal cases that occur in their respective districts. East Hawaii's 18 deputies cover the districts of North and South Hilo and Puna. The seven Vest Hawaii deputies cover the districts of North and South Kona and Ka'u. The one attorney in North Hawaii covers the districts of Hamakua, South Kohala and North Kohala with the exception of felony trials. There exists specialized sub-units within the attorney's unit. Attorney Responsibilities ADVISING: Police (HPD)/Law Enforcement Agencies Other Government Agencies Victim/Witnesses General Public -not witness or victim Legislators Crime Prevention Groups Private Law Enforcement Groups (security) TRAINING: Intra-Office Personnel Police Department, i.e., police recruits, recall training Other law enforcement agencies, i.e., DLNR Public/Private Agencies, i.e., CPS, DHS, SANE, Hospitals, Fire Department, DOE Students in Mock Trial Program ADMINISTRATIVE HEARINGS: Parole Hearings MISCELLANEOUS: Public Speaking Committee meetings/membership Networking with other agencies Public education/relations Interagency assistance Deputy prosecutor's provide ongoing assistance to police by carrying pagers for after hour calls regarding potential criminal charging of defendants and review of search warrant affidavits. Calls from Hawaii County Police Department are received at all hours of the night. Deputy prosecutors rotate, on call duty and 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 average nine per week with deputy prosecutors on pager duty approximately 600 hours per week. 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 5 case, whether the case is in trial, trial preparation, whether witnesses can be contacted during business hours and the like. On average, deputies spend 170 hours per week over the normal work week. Typically the range of hours in excess of a regular work week averages 170 and can exceed 2~0 for all the deputies in any given week. Career Criminal Program Historically, the Career Criminal Program was established pursuant to chapter, 84~, Hawaii Revised Statutes, and revised October 1980 and October 1985. It's purpose was quick identification, prosecution, and conviction of those persons making a career of crime. The reason the State Legislature enacted the career criminal statute was because it found that a substantial and disproportionate amount of serious crime was being committed against the people by a relatively small number of multiple and repeat felony offenders. The vision was that sentences for these career criminals would meaningfully guarantee the community their right of security and protection. Focus is then on the offender, and not simply the crime. From the onset, the objectives have been incarceration of the criminal at all stages of the criminal justice process; conviction on the most serious charge, whether by plea or trial; expedited processing of cases; and maximum incarceration of convicted career criminals. Individuals subject to career criminal prosecution efforts as provided in Chapter 84~ of the Hawaii Revised Statutes include those who: 1. Have 2 or more felony convictions within the last 5 years 2. Have 1 or more felony conviction and 2 or more misdemeanor convictions and/or arrests within the last 3 years 3. Have been convicted and/or arrested for the offense of felon in possession of a firearm within the last ~ vears 4. Are on parole Are on probation 6. Are on bond awaiting appeal 7. Are on bond awaiting a trial 8. Are known or suspected to be an associate of organized crime 9. Are known or suspected of recurring or ongoing criminal activity 10. Have no adult record but have an extensive juvenile record 1 1. Are juveniles with extensive records who have been waived to the circuit court for trial In the early years of the program, the specialized unit functioned via vertical prosecution with two deputies, three clerical and one investigator. In the late 1980's four deputies, two clerical, and one investigator were added. Since the acquisition of a legal assistant in 1993 two positions have remained vacant due to decreased state funding. 6 The objectives of the unit have not changed. It is still to arrest, charge and incarcerate career criminals as quickly as possible. Once incarcerated, our goal is to keep them in jail, pretrial and after sentencing. In order to meet our goals, a CCP deputy is accessible by pager 24 hours a day. Personal contact is maintained with the Criminal Investigation Division of the Hawaii County Police Department through an expedited conferral process to get the career criminal cases quickly into our system. We also do the following to achieve our goals: ¦ Assign experienced attorneys to the CCP cases; ¦ Begin early tracking of high risk juveniles who most likely will be considered CCP defendants as adults; ¦ Increase the number of arrested and charged cases involving CCP defendants; ¦ Request high bail or commitment without bail; ¦ Immediately file revocations of bail and revocations of supervised release; ¦ File motions for enhanced sentencings such as mandatory minimum terms, consecutive terms of imprisonment, and extended terms of imprisonment. Our communities need to feel safe from these criminals, and the only way to do that is to devote a special unit to prosecute them aggressively and expeditiously. We have done that, and we pledge to continue our efforts with the continued financial support of the legislature. 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 unit is comprised of four attorneys and the Hilo unit is comprised of five. These units are responsible for the prosecution of all felonies w7thin the County of Hawaii for crimes ranging from theft cases to the most vicious homicides. 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 unit continues to actively prosecute these cases. The bulk of 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 7 hearings, assistance to the Police Department with officer training, review of search warrants, and after hour pager duty. District Court The Hawaii County Prosecutor's Office covers seven district courts islandvv~ide. Two and a half deputies in East Hawaii, one in North Hawaii and two in West Hawaii, handle all of the misdemeanor and traffic cases for Hawaii County. District Court deputies spend approximately 1/4 to 1/3 of their time processing traffic violations on calendars as well as in trials. District court deputies handle a total of 97 traffic/criminal calendars per month island~~ide. 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, and 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. Family Court The Office of the Prosecuting Attorney continues to assign one Hilo and one Kona deputy to handle Family Court cases. Additionally, our North Hawaii deputy handles all of the Family Court cases for the Hamakua, North and South Kohala areas. The goals of the Family Court unit are: ¦ Early identification by all participants of the criminal justice system; ¦ Expedited processing through the criminal justice system; ¦ Intense monitoring of a juvenile's criminal activity and more meaningful sentencing; ¦ 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; ¦ Promoting prevention programs through schools and Community organizations. Forfeiture Project 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 instrumentality 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 by the State Attorney General's Office or judicially (for real estate and other high value assets). 8 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 2~% of the forfeited asset after the asset is sold. These monies or forfeited items may be used for la~v enforcement purposes and cannot be used to supplant the County's budget. In fiscal year 2001 the Office processed a total of $328,120 worth of assets for forfeiture and received $1 x,705 of those proceeds. Our Qoal 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 are an effective deterrent to criminal activity. Presently, forfeitures are done part-time by one attorney, a legal assistant and a secretary. They manage all forfeiture cases and network with local police, the Attorney General's Office, 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. Domestic Violence Unit Two attorneys, one each in Hilo and Kona, are specially assigned to prosecute domestic violence cases in District Family Court. These cases principally involve abuse of family or household member and violation of an order for protection charges. Another attorney is also specially assigned to handle domestic violence cases in Circuit Family Court. The primary benefits to specially assigning deputies to these cases are: 1) prompt intervention by our office; 2) deputies knowledge of the background of repeat offenders and victims; 3) consistency in the prosecution of the cases; and 4) familiarity of the DPA with people and agencies that are involved in the area of domestic violence. Violence Against Children Unit (VAC) In an effort to continue to address the problem of family violence in the County of Hawaii, the Office applied for and received a grant to deal with cases involving child physical and sexual abuse. The project's goal, to "better protect children and hold offenders accountable by improving the prosecution and interagency response to violence against children," further extends the concepts of protection for the community that was first addressed by the domestic violence project. 9 The Violence Against Children Unit includes a deputy prosecuting attorney, an investigator, a victim assistance counselor and a legal clerk. Unit members are specially trained to handle child victims of physical and sexual abuse. VICTIM/WITNESS ASSISTANCE UNIT (VAU~ T11e State established victim-witness assistance programs in 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 801 D 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. The victim counselors provide a multitude of services to victims, their significant others, and witnesses of crimes to minimize 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, restraining orders), intercession with employers and creditors, referrals, short term and crisis counseling, making travel and other arrangements for returning witnesses, witness coordination to lessen the amount of time spent waiting at court, providing a secure waiting area for witnesses away from defendants, providing support during interviews of victims of child abuse, domestic violence, sex assault and other sensitive cases in addition to other services to deputies, presentations to community organizations and training to other agencies. The counselors also coordinate witnesses at grand jury hearings, provide support and information to witnesses and call in returns and changes to the indictment. The clerical staff of the unit are responsible for providing clerical support to the counselors and the coordinator. In addition, the Senior Clerk-Stenographer makes travel arrangements for returning witnesses and program staff. The Unit is staffed by fifteen positions: five funded by the Federal Victims of Crime Act grant, six by the State Victim/Witness grant and four by the County. Present positions are as follows: ]0 County - Coordinator -Hilo Counselor II -Hilo Counselor II -Kona Counselor I -Hilo Federal - Counselor II -Hilo Counselor II -Hilo 3/4 Time Clerk-Steno -Hilo Counselor I -Kona State - Counselor II -Kona Counselor II -Hilo Counselor I -Hilo Counselor I -Hilo vacant Sr. Clerk-Stenographer -Hilo Sr. Clerk-Typist -Kona Clerk-Stenographer -Hilo During the last six months of ?001, the unit provided services to 3,178 people. The office has developed a victim notification system where victims are now automatically notified when a case is referred to the office and when trial, change of pleas, and sentencings are scheduled. Over 4,700 notification letters were sent out in ?001. The Victim Assistance Unit is the only program that is available to ALL victims and witnesses of crime. The Unit's services directly benefit the people of Hawaii County. However, the benefits would be seriously affected if funding is insufficient to maintain the present staff. INVESTIGATIONS UNIT The Investigations Unit consists of six investigators. Five are county funded and one is funded under the State Career Criminal Program (CCP) grant. The CCP investigator is assigned all cases that involve offenders that qualify as a career criminal under the Hawaii Revised Statutes. This allows the investigator to concentrate on assisting solely in the preparation of cases for these types of offenders. The VACA investigator is assigned all felony cases where a violent act has been committed against a child victim. Also part of the VACA investigator's duties is to develop a database of offenders and to track offenders as they progress through the system. Generally, this unit conducts investigations in a variety of cases, from simple traffic cases to cases of the most complex, confidential and diverse nature. The primary responsibility of the unit is to assist the attorneys in preparing cases for trial. This 11 includes: conducting follow-up investigations on cases referred to the office by the Ha~~~aii County Police Department, preparing exhibits for courtroom presentations, locating and securing the testimony of expert witnesses, coordinating appearance of witnesses at trial and monitoring bench warrants. In addition, the unit is also responsible for assisting in locating and apprehension of fugitives. The unit, with the cooperation and assistance of the Hawaii County Police Department and other law enforcement agencies locally, nationally and internationally, attempts to locate and return fugitives back to Hawaii County. LEGAL CLERICAL UNIT The Office of the Prosecuting Attorney has the largest legal clerical staff in Hawaii County with seventeen clerical employees in the Hilo Office, five clerical employees in the Kona Office, and one island-wide supervisor. The unit provides assistance to office attorneys and investigators. Administration and the Victim Assistance Unit have their own clerical staff. Responsibilities are as follows: Hilo: ~ positions for District Court (Hilo, Puna, South Kohala, Hamakua) 2 positions for Family Court (Hilo, Puna, South Kohala, Hamakua, Ka'u) ~ positions for Circuit Court (Hilo, Puna, Ka'u, South Kohala, Hamakua) 1 position for Grand Jury (Hilo) 1 Receptionist Kona: 2 positions for District Court & Family Court (Kona, North Kohala) 3 positions for Circuit Court (Kona, North Kohala) & Grand Jury (Kona) South Kohala: no clerical position Unique demands placed upon the legal clerical staff -time constraints, ever- increasing court requirements, and the public's and other agencies' demands for more services done in less time -continue to strain the unit. Over the past several years there has been a significant increase in the volume of cases, primarily on the misdemeanor level. The staff continues to work diligently to handle the volume despite no additional staff positions. Doing more and doing it faster leads to increased frustration and difficulty in maintaining acceptable efficiency levels. In addition to doing traditional legal work, the clerical staff is responsible for input and update of case information to the Office's File Access Case Tracking System (FACTS). FACTS is utilized by staff as well as by Police, Public Safety and some branches of the Judiciary. An average of 360 to 400 new charges are input weekly once cases are referred from the Police Department or when defendants are detained pending arraignment. Traffic citations are not generally input into the system until the offender elects to go to trial. This then requires input to the case tracking system and additional processing, including creation of case files, processing of discovery, and issuing 12 _ _ subpoenas to witnesses. Throughout, computer tracking input must be done to document the status, file location, and calendar disposition of each case. As Hawaii County's economy has declined, an increasing number of defendants have been unable to make restitution payments, pay fines or do required community service. This results in their returning to District Court prompting further tracking by our clerical staff. The increase in contempt of court charges, domestic abuse cases, and defendants requesting legal counsel also requires additional processing by legal clerks. It has been difficult for our Kona clerical staff to keep up with the rising number of cases, and over the past two years we have shifted work to the Hilo office to provide assistance. Through active recruitment by our Volunteer Services Coordinator, we have utilized volunteers to provide much needed assistance. While their assistance is greatly appreciated, the general short-term nature and constant training required places additional demands on the staff. 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. 13