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Home My WebLink AboutFY 2017 Office of the Prosecuting Attorney County of Kauai Office of the Prosecuting Attorney 2017 Budget Presentation April 8, 2016 Justin F. Kollar, Prosecuting Attorney Jennifer S. Winn , First Deputy Rebecca A. Vogt, Second Deputy Diana Gausepohl -White , Victim/Witness Program Director FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 2 Office of the Pros ecuting Attorney Mission It is our mission to promote the fair, impartial and expeditious pursuit of justice in every case, to ensure safer communities, and to promote integrity in our profession. It is our mission to temper justice with compassion, and to do our work in an open, transparent, and accountable way. Vision Our vision is for a safe and healthy community, where: • Offenders are held accountable • Case dispositions are appropriate for offense and offender • Timely and efficient administration of justice occurs • Service deli very is improved for victims and witnesses • Crime is reduced • Fear of crime is reduced Our vision is for an OPA that exemplifies: • Competent and professional behavior • Efficient, fiscally responsible management and administration, and • Consistent, coordinated e nforcement efforts and administration of justice. FY 2017 Budget Information 1. Zero new positions. 2. Changes to existing positions: Position 2825 (formerly clerk; now Victim/Witness Trainee) from County funding (formerly Legal Clerk III) to State funding (incumbent moved with position) (-$33,720 to County); Clerk position filled using Position number 2829 (formerly 9109)(+$31,289 to County); net $2431 savings to County. Position 9102 (Process Server) now .6 County funded ($23,276 County, $17,476 JAG Grant ); JAG Grant has diminished from prior years. FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 3 Contractual Positions Funded by State or Federal Grants Structure Kaua‘i’s Largest Law Firm. • Attorneys (15) • Clerical Support (14 ) • Victim/Witness Program (5) • Administrative Support (5) • Investigative Support (4) District/Family Court • 2 nd DPA Vogt [Supervisor] • DPAs Tatsey, Davenport, Gimenez, McNamee, • District Court Traffic • District Court Criminal • Adult Family Court • Juvenile Family Court • Girls Court • Mental Health Calendar/Jail Diversion • Screening Circuit Court FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 4 • 1 st DPA Winn[Supervisor] • DPAs Vogt, Clarkin, Murphy, Salas -Ferguson, White, Siu, Tobin, Tatsey, Sheng • Felonies (Persons/Drugs/Property/Career Criminal) • Motion Hearings and Trials • Misdemeanor Jury Demands • Grand Jury proceedings • Drug Court • HOPE Probation • Felony Screening and Charging Appeals & Administrative Services • 1 st DPA Winn • DPA Murakami, Salas -Ferguson, Clarkin • Appeals • Asset Forfeiture Proceedings • Rule 40 Petitions • Legislative Testimony & Research • 43 items in 2016 (3/29), 71 in 2015, 43 in 2014. • Case law updates to KPD Organizational Chart FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 5 FY 16 Accomplishments Cold Case Unit/Unsolved Homicides • PA Kollar, 1 st DPA Winn, KPD detectives. • Special Investigators Burgess and Adric. • Contract for DNA analysis. • Contract for ot her forensic analysis. • Last year of grant funding. • Although funding expiring soon, we have completed forensic analysis of nearly ALL remaining physical evidence in unsolved homicides on Kaua‘i and WILL continue Unit functions. • One case closed this year. Crime Victim Bill of Rights • Hawai‘i is one of 18 states without one. • The right to be treated with courtesy, fairness and respect for their dignity and privacy throughout the criminal justice proceedings. • The right to receive information about their rights and the services available to crime victims. • The right to receive timely notification of proceedings and other major developments in their case. • The right to receive timely notification of changes to the offender’s custodial status. • The right to be presen t at court proceedings. • The right to provide input to the prosecutor before the plea agreement is finalized. • The right to be heard at plea or sentencing proceedings or any process that may result in the offender’s release. • The right to restitution. • 2/17/16 Star -Advertiser Op -Ed Vehicular Crimes Prosecution • TSRP Program – DPA Anne K. Clarkin • Grant funding to investigate and prosecute cases involving vehicular manslaughter, negligent homicide, negligent injury, and OVUII. • State Highway Safety Council. • Signif icant strengthening of OVUII/impaired driving and vehicular manslaughter prosecution efforts. Telephonic Search Warrants • First County in the State to successfully implement this procedure. Trial Training with Retired Judge and NITA Trainer Frank Rothschi ld (January - March, 2016). FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 6 NDAA Trial Advocacy Training in Honolulu (courtesy of the Honolulu Prosecutors)(December, 2015). Prosecutorial Ethics training with former Honolulu Prosecuting Attorney and Mayor Peter Carlisle and former Kaua‘i Prosecuting Atto rney Craig A. De Costa (February, 2016). Pre -shift briefings for KPD Officers and training for KPD Recruits 1 st DPA Jennifer Winn Jury Selection – January 30, 2015/In -house (with Kevin Takata) Narcotics Canine Cases –February 27, 2015/KPD (with Michael Kawahara) Prosecuting Drug Cases – March 16 -20, 2015/Charlotte, NC Creating a Respectful Workplace – June 29, 2015/Kauai Trial Preparation – August 4, 2015/In -house (with Michael Kawahara) Sexual Assault Prosecutions – September 23 -24, 2015/Kailua -Kona Ge neral Dynamics of Child Sexual Abuse – December 3, 2015/Kaua‘i Human Trafficking Involving Minors – December 23, 2015/Kaua‘i 2 nd DPA Becky Vogt Interstate Compact Training – May 15, 2015/Honolulu Stand Your Ground, Investigation of Sexual Violence – May 18 -20, 2015/Maui A Day in the Life of an Effective Supervisor Multidisciplinary Training (with CJC -coordinated team response to child abuse) - July 14, 2015/Kaua‘i Trial Preparation – August 4, 2015/In -house (with Michael Kawahara) DPA Leon Davenport NDA A Trial Advocacy Training - December 14 -18, 2015/Honolulu DPA Gregory Gimenez NDAA Trial Advocacy Training - December 14 -18, 2015/Honolulu DPA Sara McNamee Intoxilizer Supervisors Training - Oahu (2 days) Dept. of Transportation cars -as -deadly -weapon s training - Big Island (3 days) Trial Preparation – August 4, 2015/In -house (with Michael Kawahara) General Dynamics of Child Sexual Abuse – December 3, 2015/Kauai NDAA Trial Advocacy Training - December 14 -18, 2015/Honolulu DPA John Murphy Trial Preparation – August 4, 2015/In -house (with Michael Kawahara) DPA Sinclair Salas -Ferguson Skin Findings in Child Physical Abuse – May 13, 2015/Kaua‘i (Kayal Natarajan, MD) FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 7 Trial Preparation – August 4, 2015/In -house (with Michael Kawahara) DPA Joanne S heng NDAA Trial Advocacy Training - December 14 -18, 2015/Honolulu DPA Keola Siu General Dynamics of Child Sexual Abuse – December 3, 2015/Kauai DPA Jenna Tatsey Jury Selection – January 30, 2015/In -house (with Kevin Takata) Multidisciplinary Training (with CJC – coordinated team response to child abuse) July 14, 2015/Kaua‘i Trial Preparation – August 4, 2015/In -house (with Michael Kawahara) National Domestic Violence Symposium: Re -Envisioning Evidence -Based Prosecution in America (NDAA, Alliance for H ope International, NDAA Women Prosecutors Section, National Association of Prosecutor Coordinators) - October 28 -29, 2015/San Diego, CA DPA Sally Tobin Jury Selection – January 30, 2015/In -house (with Kevin Takata) Narcotics Canine Cases –February 27, 20 15/KPD (with Michael Kawahara) Skin Findings in Child Physical Abuse – May 13, 2015/Kaua‘i (Kayal Natarajan, MD) Stand Your Ground, Investigation of Sexual Violence – May 18 -20, 2015/Maui Trial Preparation – August 4, 2015/In -house (with Michael Kawahara) DPA George White Skin Findings in Child Physical Abuse – May 13, 2015/Kaua‘i (Kayal Natarajan, MD) Trial Preparation – August 4, 2015/In -house (with Michael Kawahara) Courthouse Assistance Dog • Courthouse Dogs provide comfort and courage to children wh o are victims or witnesses of crime. These specially trained dogs work full time at the Prosecutor’s Office and help children to find their voice throughout the difficult legal process. Courthouse Dogs accompany children in interviews, exams and even whil e testifying in court. Courthouse Dogs are a type of Facility Dog and live with their handler, who is usually a prosecutor or victim advocate. Courthouse Dogs receive the same level of training as a Guide Dog or Service Dog. Courthouse Dogs require a very specific temperament and cannot react to outbursts or distractions in the courtroom. First Girls Court cohort graduation FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 8 • First cohort of 3 graduates in January, 2016 • Second cohort inducted April 6, 2016 FY 2016 Challenges • Won/McNeely issues. • Kaua‘i ha s reacted fastest and best. • Drug Court wait list. • Staffing issues. • Keeping abreast of legislation. • Bad laws make our jobs harder. Diminishing JAG Grant funding JAG FORMULA GRANTS YEAR SPLIT OPA TOTAL FY 2007 $22,037.00 $44,074.00 FY 2008 $7,072.50 $14,145.00 FY 2009 $22,415.50 $44,831.00 ARRA 2009 $95,539.50 $191,079.00 FY 2010 $20,427.00 $40,854.00 FY 2011 $22,721.50 $45,443.00 FY 2012 $20,995.50 $41,991.00 FY 2013 $20,889.00 $41,778.00 FY 2014 $21,690.50 $43,381.00 FY 2015 $17,476.00 $34,952.00 FY 2017 Goals & Objectives Community Outreach • Ties in with performance measures relating to reduced fear of crime and community attitudes regarding the criminal justice system. FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 9 Veterans Court Performance Measures Based on 2007 NDAA report Tied to goals in three major areas: • Promoting fair, impartial and expeditious pursuit of justice • Offenders held accountable • Conviction rates • Cases received/filed/closed by type • Number of pleas by type • Ratio of Drug Court referrals to successful completio ns • Case disposition appropriate for offense and offender • Timely and efficient administration of justice • Improved service delivery to victims and witnesses • Ensuring safer communities • Promoting integrity in the profession FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 10 Conviction Percentage Rates 2014 2015 Overall 87.42 86.96 OVUII 87.5 86.28 Property 94.02 94.19 Felony 86.87 88.86 Misd. 87.65 85.37 DV 88.19 89.78 CCP 86.67 90.91 Juv Adjudications 85.54 86.15 FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 11 Charges Received by Type 2014 2015 PMD 823 846 MD 503 491 Felony 585 561 Adult Family 449 381 Juvenile 393 324 Traffic (non -felony) 301 215 Violation 255 202 Traffic (felony) 13 9 Asset Forfeiture 13 7 Traffic Crime Citations 3164 2200 Cases Received During Calendar Year (all cases) Drug Cases Received FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 12 Assault Cases Received Cases Received during Calendar Year Cases Filed by Type 2014 2015 Circuit Court 368 469 District Court Traffic 242 276 District Court Criminal 1234 1247 Family Court 293 291 Juvenile Court 249 292 Appellate/Administrated Cases Filed 2014 2015 Appeals 11 12 Asset Forfeiture Petitions 14 18 Rule 40 Petitions 1 2 FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 13 Cases Closed by Type Pleas by Type (Guilty/No Contest)  2014 – 876  2015 - 988 Case Dispositions 2014 2015 Apology Letter not tracked 12 Community Service 143 141 CVCC Fee 594 795 DAG 0 1 DANC 69 67 DL Susp/Revoke 30 84 Drug Court 8 7 Fines 414 673 Program 148 251 HOPE Probation 54 109 Prison/Jail 423 583 Probation 255 216 Restitution 83 101 Prob/Jail 50 24 Drug Court Referrals 2014 2015 Referrals 47 26 Graduates 13 15 Terminations 4 7 FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 14 Screening Percentage Times 2014 2015 0 -30 days 51.1 54.7 31 -60 days 31 33.9 61 -120 days 10.2 8.4 121+ 7.7 3 Case Closures within 12 Months 2014 2015 Petty Misd. 55 74 Misd. 45 60 Fam. Adult 52 61 Felony 34 39 Juvenile 50 59 Violation 52 79 Traffic 41 56 Services Provided by Victim/Witness Program 2014 2015 Witnesses Served 177 231 Victims Served 496 601 Victim/Witness Statistics 2014 2015 Child Physical Abuse 10 16 Child Sexual Abuse 58 55 DUI/Crash 15 42 Domestic Violence 100 175 Adult Sex Assault 35 23 Survivor of Murder/Negligent Homicide 44 31 Property Crime 101 101 Robbery 15 6 Adult Physical Assault 40 55 Child Physical Assault (non - intrafamilial) 2 7 Hate Crime 2 5 Attempted Murder 9 7 Other Violent Crime 14 21 FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 15 Victim/Witness Statistics (continued) Other Crimes 39 33 Protective Order 0 14 Adults Molested as Children 8 8 Elder Abuse 4 0 Arson 0 2 Victim/Witness Satisfaction Surveys  Services provided - Information about status on case - Referrals to other agencies - Explanation of court procedures - Court accompaniment - Help with impact statement - Help with restitution request - Notification of outcome Requests of Service (Investigators)  1 Full -Time Investigator, 2 Half -time Investigators  2014 – 607  2015 – 652 Ensuring Safer Communities  Reduced Crime  Reduced fear of crime Promote Integrity in the Professions  Competent and professional behavior - Professional legal training - No dismissals due to prosecutorial error - No disciplinary actions by ODC  Efficient and fiscally responsible management and administration - No money bills in the past 3 years - Reduction in budget lapses - Successful classification of positions - Elimination of appointed/exempt positions - Stable year -to -year budgets - Regular review of staff workload  Consistent and coordinated enforcement efforts and administration of justice - KPD pre -shift briefings FY 2017 Budget Presentation – Office of the Prosecuting Attorney Page 16 - Quarterly HPAA meetings to coordinate with neighbor island Prosecutors - Continued new and ongoing partnerships - Consistent legislative participation Succession Planning No critical positions with impending retirement Educat ional/training plan:  Training opportunities for newer employees  Cross -train emp loyees for continued operations Overview  Overall budget increase of 0.5% mostly contributed by salary/wages due to union contract increases FY 2016 FY 2017 $ + / - % + / - Salary and Wages 2,254,649 2,315,129 60,480 2.7% Benefits 1,281,591 1,282,494 903 0.1% Utilities 13,680 13,680 0 0.0% Vehicle/Equip, Lease 41,402 2,500 -38,902 -94.0% Operations 198,185 196,385 -1,800 -0.9% 3,789,507 3,810,188 20,681 0.5%