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HomeMy WebLinkAboutRES 273 Draft 01 2008-2010 COUNTY OF HAWAI'I STATE OF HAWAI'I RESOLUTION NO. 27J 09 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI'I DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HRS 46-7, FOR THE COURT HOUSE BOOKING PROJECT WHEREAS, the State of Hawai'i Department of the Attorney General's Crime Prevention & Justice Assistance Division has authorized funding to the Hawai'i Office of the Prosecuting Attorney for the Court House Booking Project; and WHEREAS, the funds will be used to implement a Court House Booking Project which will provide post-conviction, same-day penal summons booking at the Hilo and Kona court houses, with new technology and through a collaborative initiative among criminal justice partners; and WHEREAS, this project will streamline the post-conviction booking process and will ensure that the information is entered into the statewide offender based tracking system; and WHEREAS, these funds are derived from the Edward Byrne Memorial Justice Assistance Grant (JAG) program; and WHEREAS, Hawai'i 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 HAWAI'I, in accordance with section 46-7, Hawai'i Revised Statutes, that the Mayor of the County of Hawai'i is authorized to execute, on behalf of the County, an agreement with the State of Hawai'i Department of the Attorney General, to enable the County to implement its Court House Booking Project, as described in the Prosecuting Attorney's Application for this grant, attached hereto and incorporated herein by reference as Exhibit "An. BE IT FURTHER RESOLVED that the Mayor of the County of Hawai'i is authorized to sign the above-referenced agreement and any related documents on behalf of the Office of the Mayor and the County of Hawai'i pursuant to the Hawai'j County Charter. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawai'j shall transmit copies of this resolution to the Office of the Mayor, the Office of the Prosecuting Attorney, and the Finance Department. , Hawai'i, this 2nd day of Decanber ,2009. Dated at Hila INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI'I COUNTY COUNCIL County ofHawai'i Hilo, Hawai'i ROLL CALL VOTE ~.~~-- ..~. AYES NOES ASS EX ENRIQUES X FORD X -- GREENWELL X HOFFMANN X IKEDA X NAEOLE X ONISHI X YAGONG X YOSHIMOTO X 8 0 1 0 I hereby certIfy that the foregomg RESOLUTION was by the vote mdlcated to the r~~ ado~ted ~O~9 COUNCIL of the County of Hawal'l on r , ATTEST COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. C-614/FC-121 273 09 Reference: CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 235 South Beretania Street, Suite 401 Honolulu, Hawaii 96813 APPLICATION FOR BYRNE JUSTICE ASSISTANCE GRANT-RECOVERY PART I. TITLE PAGE A. PROJECT TITLE: Court House Booking Project B. APPLICANT AGENCY: Hawaii County Office of the Prosecuting Attorney C. CENTRAL CONTRACTOR REGISTRATION: ®Yes ^ No DUNS No. 094636073 D. APPLICATION RANIONNG WITHIN AGENCY: 3 (as determined by agency head) E. ADDRESS: 655 Kilauea Ave. F. LOCATION OF PROJECT: City Hilo East and West Hawaii Zip HI G. PROJECT PERIOD: From J~ 1 2009 To June 30 2012 H. AUTHORIZED PURPOSE AREA: Law Enforcement Programs I. TYPE OF APPLICATION: J. TOTAL PROJECT AMOUNT: New ® Continuation ^ $ 99000 K. OTHER FUNDING SOURCES: Is the proposed project seeking other sources of funding? Yes ^ No ® If ~ then provide name of source and the amount of funds that is being sought: Source Amount $ 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: 808-961-0466 Fax: 808-961-8908 E-Mail: cyi96720nayahoo.com N. FINANCIAL OFFICER Name: Reid Sewake Title: Accountant II Address: 655 Kilauea Ave., Hilo, HI 96720 Telephone: 808-934-3369 Fax: 808-961-8908 E-Mail: rhs96720(a~yahoo.com FOR CPJAD USE Date received: Project Number: EXHIBIT A AG/CPJAD #1 (Rev 03/3/2009) APPLICATION FOR BYRNE JUSTICE ASSISTANCE GRANT-RECOVERY PART II. DESCRIPTION OF PROJECT Note: This form does not provide spell check. A. THE PROBLEM Unavailable and untimely conviction or mental unfitness/acquittal information for penal summons complaint or non-arrest defendants who fail to comply with court orders to get booked. The Hawaii Criminal Justice Data Center (HCJDC) created by Chapter 846, HRS, is responsible for collection, storage, and dissemination of criminal justice history information. The common database provides current conviction information, deferred pleas, and mental unfitness or acquittals because of mental disorders or defects, offender status and supervision, including outstanding Temporary Restraining Orders. The system requires an "arrest" to link information among the criminal justice agencies. The Offender Base Tracking System ("OBTS") is based upon arrests. All the criminal justice stakeholders have long recognized the need for immediate and accurate "verified offender identification" and conviction or mental unfitness/acquittal information to make reasoned and informed decisions. There is a major problem statewide, and particulazly on the Big Island, for penal summons complaint and non-arrest case defendants, because until they aze "booked and arrested for identification processing," these cases aze not in HCJDC's database. Although the courts shall order the convicted offenders brought to court upon penal summons complaints or non-arrest complaints be ordered to report within seven days to police department, sheriff's office, or other governmental agency for identification processing, and failure to comply will constitute a criminal misdemeanor contempt, the prosecutor must make the request and the defendant must comply with the court orders to establish his criminal history in the shared database. Section 842(b), HRS. These cases "do not exist" for the non judiciary criminal justice agencies the State Criminal History Record Information system until there is "booking with an arrest for identification processing," after a court conviction or mental unfitness fording or "insanity" acquittal. Without the booking with an arrest for identification after conviction, the offender will not be treated as a convicted offender. This conviction information is unavailable to the criminal justice agencies generally, unless they check with the courts. 'The criminal justice agencies rely on OBTS histories to determine if enhanced chazges are appropriate; higher bail should be imposed, along with applicability of enhanced or mandatory penalties, including the Career Criminal Status; and prohibition to obtain certain firearm permits and establish employment disqualification for misdemeanor sexual offenders. Currently, the scale of the problem is not available because no agency monitors the defendants failing to appeaz for booking at the police station. Here is a sampling of one day's "batch" received by the Prosecutor's Office from the courts for "No Shows" for "failing to follow court orders for Penal Summons Booking arrests for identification: 13 defendants with misdemeanors (OVUII; Resisting Order to Stop; Negotiating a Worthless Instruments, 4 counts; Assaults; Criminal Property Damage; Abuse of Household Member; AG/CPJAD #Il(a) (Rev 03/3/2009) Page 1 Violation of Order for Protection; Harassments; Terroristic Threatening; Probation Revocation for Abuse of Household Member); 7 Circuit Court defendants with felony charges and misdemeanor committals (Probation Revocation; Robbery Second Degree; Unauthorized Entry in Motor Vehicle; Burglary 1St Degree; Promoting Dangerous Drugs; Assault; Abuse of Household Member). This appears an all island problem with mostly East Hawaii having the most, but a114 district court judges, three of the four Circuit Judges, and one Family Court Judge having "no shows" in a day's sampling. Most of these misdemeanor offenses have potential, enhanced felony charges for repeat convictions, such as OVUII and Abuse of Household Member; and mandatory jail penalties for the violent crime offenses. As noted by the one-day of sampling, there are serious concerns with an inaccurate criminal history check: defendants with records would be treated as first time offenders; enhanced pleadings for charges or mandatory sentencing would not be done a timely way; bail for subsequent offenses would be set too low, etc. Luckily, many of the offenders are "frequent fliers" within our county, so background checks rely heavily upon each agency's case management system, so some of the "no shows" are discovered and appropriately booked upon a subsequent arrest or court appearance. Courts have been reluctant to issue warrants or another penal summons for failing to get booked (misdemeanor contempt), because these many times do not get served before the offender shows up in court again on a subsequent arrest. The 2007 Judiciary Report on Backlog of Warrants support that most of the 74,000 warrants backlog is for failing to comply with courts. HCJDC has proposed a collaborative project called the Hawaii Integrated Justice Information Sharing (HIJIS). The draft Strategic Plan explains the need for "same day" updates for conviction data, verified identification at every point of the criminal justice information, and integrated, "real time" conviction and mental acquittal or unfitness data identification. The HIJIS Strategic Plan Draft (2007-2008) and proposed Memorandum of Agreement support the need and justification and demonstrate the importance of the problem and solution proposed by our application. As noted in the 2007 Warrant Backlog Report, the Judiciary and other agencies had difficulty getting accurate data, because the associated lack of a single, comprehensive data management system. The Hawaii Criminal Justice Data Center (HCJDC) has the statutory responsibility to provide the Criminal Justice Agencies with this comprehensive offender based criminal history, but one group that easily "falls through the cracks" are offenders brought into the court system through a penal summons complaint. The case is going. through the judicial system, but information is unavailable to other statewide criminal justice agencies who are not involved with the case. With the ease of air travel today, many defendants do crimes away from Hawaii County, but law enforcement or prosecutors would not know of a filed criminal case is pending for serious offense, such as abuse of household members or OVUII. Both the judiciary and HCJDS do not routinely monitor the failure of offenders who do not follow the court orders to get "booking with an arrest for identification purposes upon a conviction or deferral of a criminal offense." Although most offenders get processed, the more problematic offenders violate the courts' orders and continue to disregard their responsibilities to the justice system. As noted in 2007 Backlog Warrants Report, the problem of failing to follow court orders is significantly attributed to a small number of multiple, repeat offenders (40 percent,), who are manipulative, and do not respond because there is no immediate and consistent, effective consequences, and continues the public apathy and lack of respect for the judicial system. As noted, the one day sampling shows that AG/CPJAD #i(a) (Rev 03/3/2009) Page 2 some of these defendants are probation violators who do not follow court orders, and/or, unfortunately, the nature of the violent offense convictions should prioritize them as posing a serious public risk. Hawaii County has a strong foundation for collaborative and outcome based efforts. Armed with the recommendations of the 2007 Warrants Backlog Report, a subcommittee of the Big Island Criminal Justice Task Force was formed to consider the recommendations of the report and improve warrant and penal summons service, despite personnel shortages. The local Deputy Sheriffs joined a collaborative initiative to assist the police to improve the warrant and "paper service" through a "warrants detail." They learned how to book offenders using the "green box" and live scan systems, which were part ofpilot-project for Hawaii County's Horizontal Integration Project (HII'). The HIP has proven very successful, and has paved the way for a partnership with the judiciary to expand the efficacy of the HIP initiative. The four County partners including the Hawaii County Police Department, the Sheriffs, the Office of the Prosecuting Attorney, and the Judiciary, along with the HCJDC continue to build collaborative efforts to improve service and create a more effective system, despite fiscal, technical and personnel challenges. However, with the demands of the new Hilo Courthouse that opened in April, the Sheriffs cannot continue with the "warrants detail," but were willing to do court-house "booking for non-arrest offenders", which would assist the police to do more investigative responsibilities. B. GOALS AND OBJECTIVES Goal: Purpose of the proposal is improve the Criminal Justice System through technology and collaborative resource sharing: To have timely, accurate conviction information available to criminal justice decision-makers throughout the state Objective: To provide post-conviction, same day penal summons booking at the Hilo and Kona Courthouses with new technology and through a collaborative initiative among the criminal justice partners, including the sheriffs assigned to courthouse duty. C. , PROJECT ACTIVITIES The grant would provide the "greenbox" and "livescan" software, mug-photo capacity, computer equipment, installation, and maintenance costs for atwo-to-three year period, until other funding is identified for maintenance costs. Continued funding is likely through the HIJIS partnership. The partners are willing to work together to share current resources, modify procedures, and increase the effectiveness of the statewide Hawaii Criminal Justice Information System. The improved veracity of identification, conviction, deferral, and mental unfitness or acquittal data in Hawaii County, with almost immediate conviction data, make for better decision-making for subsequent offender activity, improving community safety and holding offenders accountable for court orders. This would be Pilot Project to determine the efficacy for statewide application. The identified partners who have initially agreed to submit this proposal are: Hawaii Criminal Justice Data Center as the main. statewide partner, along with the local partners including the Sheriffs assigned to courthouse duties who would do the booking for identification at court on the same day the offender has his court disposition; the Hawaii County Police Department; the Office of the Prosecuting Attorney for Hawaii County; and the Third Circuit Judiciary. Everyone AG/CPJAD #1(a) (Rev 03/3/2009) Page 3 recognizes the need, but no one agency can take on the responsibilities of the entire project, but each can provide support with the current resources, especially the Sheriffs who are willing to the booking at the courthouses. Technical assistance will be sought with the HCJDC. The following should be completed within one year of establishing the funding availability in the county. 1) To acquire equipment and logistical capacity to implement same day Penal Summons Booking in the two main courthouses in Hawaii County in Hilo and Kona. 2) To develop Memorandum of Agreements to accomplish same day penal summons booking 3) To develop policies and procedures within each criminal justice partner involved with the same day penal summons booking 4) To have a data collection process developed and implemented to evaluate the project for review by the partner stakeholders on a monthly basis. By the second year, have data showing whether same day, court house penal summons booking was completed. If not, what were the barriers and what was done to overcome these barriers. If the funding for maintenance fees for the equipment and software continues during the third year, identify other sources to maintain the funding. By August 12, 2012, HIJIS would incorporate the findings of this Pilot Project into future integration plans, and include in their strategic implementation plan the same day Penal Summons Project statewide if appropriate. By the end of the project, there should be nearly 95% court house penal summons bookings on the same day as the offender's disposition, including deferred pleas, convictions, unfitness dispositions, and acquittals based upon mental disorder or defects. This accurate and timely entry into the Offender Based Tracking System would support veracity of the HCJDC statutory, comprehensive Criminal Histories for each offender, and improve criminal justice agencies' decision-making and improve public safety by these decisions, especially for the repeat, violent offenders. D. PROJECT ORGANIZATION AND MANAGEMENT The Office of the Prosecuting Attorney for Hawaii County will be the fiscal sponsor and Project Director would be First Deputy Prosecuting Attorney Charlene Y. Iboshi. There will be a Steering Committee with representatives from the Judiciary, Sheriffs, Hawaii County Police Department, with the Hawaii Criminal Justice Data Center as the technical advisor, to accomplish the objectives and activities of the project. There will be monthly review of the project objectives and activities. E. PERSONNEL No personnel will be hired for this project. Implementation will be coordinated by the acicraan t~1(a) ~xe~ oai3noo9~ Page 4 Prosecutor's office. F. BRIEF PERSONNEL BIOGRAPHIES Not applicable. G. PARTICIPATING AGENCIES Participating agencies will include the Department of Public Safety Sheriff Division, Hawaii Police Department, State Judiciary, and the Hawaii Criminal Justice Data Center. H. PERFORMANCE INDICATORS/OUTCOME MEASURES All the following performance measures should be completed within one year of establishing the funding availability to the county: 1) Whether the equipment and software were acquired and installed. 2) Whether logistical capacity to implement same day, Penal Summons Booking in the two main courthouses in Hawaii County in Hilo and Kona was established. If not done, document the process, reasons for lack of implementation, or barriers prohibiting the capacity building to implement the same day, in courthouse penal summons booking. Determine alternatives to accomplish the goal with a different strategy. 3) Whether the Memorandum of Agreements to accomplish same day, Penal Summons Booking were prepared and executed 4) Whether policies and procedures within each criminal justice partner involved with the same day, Penal Summons Booking were developed. If not developed, document the reasons why not, and whether alternatives to accomplish the policies and procedures were completed. 5) Whether the data collection process was implemented to evaluate the project by the participating agencies on a monthly basis: a) Was the data collected; and b) Were monthly review and evaluation by the partners completed and documented. -By the second year, whether the data showed same day penal summons booking was completed. If not, what were the barriers and what was done to overcome the barriers. -If the funding for maintenance fees for the equipment and software continues during the third year, whether other sources to maintain ongoing maintenance costs were identified and committed after the completion of the project. -By August 12, 2012, whether HCJDC incorporated the fmdings of this Pilot Project into future HIJIS integration plans, and included in their strategic implementation plan the same day Penal Summons Project statewide. If not done, HCJDC would document the reasons for it's decision. I. PROBABILITY TO IlVIPROVE THE CRIlVIINAL JUSTICE SYSTEM This project will satisfy the need for accurate and timely information recognized not only "operationally" on the line-level, but was reported as a statewide fundamental to an effective criminal justice "information" system in the 2007 Warrants Backlog Report and the HIJIS Strategic Plan (draft). The project will allow for timely conviction data for the group non-arrest AG/CPJAD #1(a) (Rev 03/3/2009) Page 5 offenders who are not being tracked until they are disposed and "booked" into HCJDC's Offender Based Tracking System. This accurate and timely conviction and disposition information is essential to accurate and appropriate decision making at every stage in the criminal justice process, including charging, setting bail, and enhanced charges and sentences for subsequent criminal activity or non-compliance with probation conditions; dna testing requirements for designated offenses; acquittals and mental unfitness as factors for decision- making for firearm background checks; sexual offender registration, etc. Increased public respect for the timely and accurate information, with immediate consequences for non-compliance with court orders, would encourage more compliance with court orders. Expected improvement of the Criminal Justice System with same day, courthouse Penal Summons Booking provides accurate and timely conviction information, along with future expectations that courthouse processing will lead to background checks of all outstanding "paper" service issues, including serving of Temporary Restraining Orders; traffic warrants, thus, addressing all the outstanding issues of paper service at once. This was a recommendation of the 2007 Warrants Backlog Report that could be fruitful if resources allow. AG/CPJAD #1(a) (Rev 03/3/2009) Page 6 APPLICATION FOR BYRNE JUSTICE ASSISTANCE GRANT-RECOVERY PART III. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL: COST ELEMENT AMOUNT A. Salaries and Wa es Position Title No. of Positions Monthl rate Subtotal $ $ $ $ $ $ $ $ $ $ Position Title No. of Positions Hourl Rate No. of Hours Subtotal $ $ $ $ $ $ $ $ Total Salaries and Wa es $0 B. Frin a Benefits Employee Benefits Position Title No. of Positions Monthl Rate Subtotal $ $ $ $ $ ,$ $ $ $ $ Position Title No. of Positions Hourl Rate No. of Hours Subtotal $ $ $ $ $ $ $ $ Total Fr in a Benefits $0 C. Consultants/Contracts co a of Consultant/Contract Estimated Cost Length of Consultand Contract Service elect as A ro riate $ ^ Consultant ^ Contract $ ^ Consultant ^ Contract $ ^ Consultant ^ Contract $ ^ Consultant ^ Contract $ ^ Consultant ^ Contract Total Consultants $0 COST ELEMENT AMOUNT AG/CPJAD #1(b) (Rev 03/3/2009) D. Trans ortation and Subsistence Itemize for mainland/interisland airfare, ground transportation, rental car, er diem nit Cost No. of Travelers as a licable No. of Days ubtotal $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Trans ortation and Subsistence $0 E. Office Su lies Itemize supplies and related costs such as rintin , a er, binders, etc. Quanti Cost by Unit Subtotal $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Office Su lies $0 F. E ui ment Specify equipment that will be urchased, leased, or rented. Quanti Cost b Unit Subtotal PC 2 $1500 $3000 Printer 2 $2000 $4000 Livescan device & software 2 $34000 $68000 $ $ $ $ $ $ $ $ $ $ $ $ To tal E ui ment $75000 AG/CPJAD #1(b) (Rev 03/3/2009) COST ELEMENT AMOUNT G. Other Costs Quanti Cost by Unit Subtotal Wiring for installation 2 $2000 $4000 Livescan annual maint. (2 yrs) 2 $10000 $20000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Other Costs $24000 TOTAL PROJECT COSTS $99000 AG/CPJAD #1(b) (Rev 03/3/2009) BUDGET EXPLANATION: A. Salaries and Wages B. Fringe Benefits The composite fringe benefit rate is at % for (list positions). The rate consists of the following fringe benefit items and computed rates: C. Consultants/Contracts D. Transportation and Subsistence E. Office Supplies F. Equipment A set of livescan equipment, PC for green box and a printer will be purchased for East and West Hawaii. G. Other Costs Livescan maintenance will be purchased for 2 years. AG/CPJAD #1(b) (Rev 03/3/2009) PagO 1