Department of District Attorney

Transcription

1 Department of District Attorney Department Purpose The Oregon Constitution, Article VII, Section 17 creates the elected office of the prosecuting attorney, who shall be the law officers of the state, and of the counties within their respective districts, and shall perform such duties pertaining to the administration of law, and general police as the legislative assembly may direct. In summary, the Legislative Assembly has directed the following: Investigate and prosecute violations of Oregon criminal statutes; Enforce child support obligations; Assist the juvenile court in delinquency and dependency matters; Assist crime victims as required by the Oregon Constitution and the statutes; Investigate homicide and other suspicious or unexplained death; and Perform other miscellaneous duties such as ruling on public records requests. Total Expenditures $ 10,242,824 FY Expenditures by Division Family Law 18.6% Medical Examiner 3.9% Kids' First 5.9% Criminal Prosecution 65.7% Victim Services Program 5.9% FY Budget by Fund General Fund 90.3% Liquor Law Enforcement Fund 1.0% Special Revenue Fund 8.7% Alex Gardner District Attorney Lane County, OREGON 207 FY 10-11

2 District Attorney Department Overview The Kids FIRST Center provides services to child victims of crime, their families, and other law enforcement agencies. The Criminal Prosecution Division prosecutes adults and juveniles for criminal conduct. The Family Law Division enforces child support obligations. The Medical Examiner s Office investigates and determines the cause and manner of all suspicious deaths. The Victim Services Program provides support to adult victims of crime. The Juvenile Division assists the juvenile court with delinquency and dependency cases in which a child or the community is at risk. DISTRICT ATTORNEY S OFFICE Criminal Prosecution Family Law Kids FIRST Center Medical Examiner Victim Services Program Department Goals & Objectives The department's strategic goal is to protect and improve community safety while meeting the constitutional and statutory requirements for the office of District Attorney. Under the law the department must: Conduct training for all participating agencies handling child abuse cases to assure uniform handling and investigation through the county in a manner sensitive to the needs of children. Prosecute criminals. Enforce child support obligations. Investigate and certify all deaths as required by ORS 146. Provide services to crime victims to make sure their constitutional and statutory rights are upheld. Our goals are met by hiring, training and retaining model professional staff. We ve done well in this regard, though we continue to operate substantially below recommended (and former) staffing levels in a public safety system that remains among the most under-funded and distressed government systems in Oregon. Lane County, OREGON 208 FY 10-11

3 Key Accomplishments in FY District Attorney Facilitated investigations and follow-up of approximately 700 child abuse allegations. Effectively investigated, reviewed and prosecuted approximately 7,000 criminal cases. Raised almost $19,000,000 in child support. Determined the cause and manner of death in approximately 350 suspicious death cases. Documented $4.8 million in restitution in FY Changes, Challenges & Opportunities for FY Our Case management software, DACMS, is old, outdated, inefficient and vulnerable. Replacing it will be expensive, so we have worked several years to save excess lapse to mitigate replacement cost. Replacement will still be expensive, both in terms of the purchase price and the employee overtime cost necessary to make the transition, but the new system should make the office more efficient and stable in the long term. We are increasing revenue by charging insurance, OHP and SHGH for medical services rendered to child victims. The Kids' FIRST board of directors is also doing more fundraising, but the center still relies primarily on grant-funding, a source which is unstable. Twenty years ago the office held the plea bargain line and tried many more cases. With a profoundly undersized jail, heavy caseloads, and other shortages in law enforcement, our lawyers are forced to plea bargain over 97 percent of the criminal cases. The resulting sentences are often more lenient and less effective due to capacity-related system dysfunction and over-stretched alternative programs. Prosecuting repeat offenders is a way of life for lawyers and staff. On a positive note, our lawyers are working with other law enforcement agencies to target the worst property offenders and remove them from our community with lengthy prison sentences. Given the absence of most other corrective and protective tools, long prison sentences for repeat offenders has become our most effective means of reducing local property crime rates. We have improved system efficiency by improving the way we process and file criminal cases. We continue to look for better ways to do the work, but a lack of investigators and jail capacity continues to cause slippage and inefficiency. Investigate, review and prosecute approximately 7,000 criminal cases. Successfully collect almost $19,000,000 in child support. Determining the cause and manner of death in suspicious death cases. Secure an affordable permanent morgue facility and additional professional death investigators. Successfully help thousands of crime victims navigate their way through the criminal justice system. House Joint Resolutions 49 and 50 were passed by the Oregon voters May 20, 2008 and provide for the enforcement of victims rights. These measures require the District Attorney s office to file thousands of certifications of rights compliance with the court. The office still needs a morgue. The present leasing arrangement with Sacred Heart Hospital is expensive and temporary. Many collaborative options are being explored, but all involve expensive construction in the short term, and we re told that a morgue is not a sufficiently high priority at this time. Performance Management The Kids' FIRST center has experienced a large increase in demand for service since Karly s Law passed in June, 2007 (19 to 25 more children per month). These children all receive a medical assessment and/or case review by the center s doctor and the Multi-Disciplinary Team. Karly s law and other influences resulted in 300 additional cases being reviewed by the MDT. Lane County, OREGON 209 FY 10-11

4 District Attorney Caseload per lawyer increased from 2008 to 2009, and the workload continues to increase, in spite of some localized decreases in crime rates. These caseloads continue to force some plea bargains that would be unnecessary in an adequately resourced system. The Family Law Division does an outstanding job of collecting support for children. However, collection rates are likely to continue decreasing during the continuing recession as unemployment remains high and the Family Law Division complies with increasing non-collection service mandates resulting from both federal and state legislation. Cases that come to the Medical Examiner s Division receive a coordinated death investigation. The database used by the Victim Services Program allows staff and volunteers to accurately document all services provided to victims. These services include such things as assisting victims in obtaining restraining orders, notifying them of critical court hearings, accompanying them to court, and determining the amount of restitution. The 32,832 services provided in FY is a testament to the hard work and dedication of the volunteers and staff in the program. Performance Measures Provide forensic interviews for law enforcement agencies and Department of Human Services DEPARTMENT PERFORMANCE MEASURES Target Comment Target Above target Caseload per lawyer On target 225 $19.8 $19.0 $18.8 $19.0 Below $18.5 Total child support collected million million million million target million Number of services provided to adult Above 29,615 31,337 32,832 28,000 30,000 victims of crime target 585 Lane County, OREGON 210 FY 10-11

5 District Attorney DEPARTMENT FINANCIAL SUMMARY FY FY FY Curr Bgt FY Adopted $ Chng % Chng RESOURCES: Fines, Forf, and Penalties 64,331 56,281 36,000 38,500 2, % Federal Revenues 963,784 1,208,890 1,354,895 1,191,757 (163,138) % State Revenues 654, , , ,770 (16,925) -3.84% Local Revenues 529, , , ,694 (89,855) % Fees and Charges 229, , , ,100 (37,200) % Interest Earnings 4,556 2,618 (1,000) (775) % Total Revenue 2,446,378 2,671,804 2,669,439 2,365,046 (304,393) % Resource Carryover 208, , , ,182 (27,043) -9.07% Fund Transfers In 40, , , ,570 (23,615) % TOTAL RESOURCES 2,695,543 3,106,630 3,122,849 2,767,798 (355,051) % EXPENDITURES: Personnel Services 6,793,030 7,159,124 8,046,634 8,282, , % Materials and Services 1,400,085 1,472,628 1,643,065 1,646,804 3, % Capital Expenses 0 27, % Fiscal Transactions 108, , ,897 53,212 (152,685) % Total Resrvs & Conting , ,120 80, % TOTAL EXPENDITURES 8,301,253 8,826,543 10,075,699 10,242, , % Total FTE % EXPENDITURES BY FUND General Fund 7,722,378 8,076,140 9,092,424 9,280, , % Liquor Law Enforcmnt Fnd 13,706 50,049 86,329 98,500 12, % Special Revenue Fund 565, , , ,171 (32,774) -3.65% TOTAL FUNDS 8,301,254 8,826,544 10,075,698 10,242, , % Lane County, OREGON 211 FY 10-11

6 District Attorney DEPARTMENT POSITION LISTING Kids' FIRST 1.00 Legal Secretary Office Assistant Program Manager 1.00 Program Supervisor 2.00 Victim Advocate 6.00 Division FTE Total Criminal Prosecution 1.00 Accounting Analyst 1.00 Administrative Support Spec 1.00 Administrative Support Supv 1.00 Asst. Department Director 5.00 Deputy District Attorney Deputy District Attorney Deputy District Attorney District Attorney 1.00 Investigator 3.00 Legal Secretary Legal Secretary Office Assistant Office Assistant Paralegal 1.00 Prof/Tech Supervisor 1.00 Sr. Office Assistant 8.00 Sr. Prosecutor Division FTE Total Family Law 1.00 Deputy District Attorney Deputy District Attorney Investigator 3.00 Legal Secretary Office Assistant Paralegal 1.00 Program Supervisor 1.00 Sr Prosecutor 2.00 Sr. Office Assistant Division FTE Total Medical Examiner 1.00 Deputy Medical Examiner 1.00 Prof/Tech Supervisor 2.00 Division FTE Total Victim Services 1.00 Office Assistant Program Supervisor 4.00 Victim Advocate 6.00 Division FTE Total Department FTE Total Lane County, OREGON 212 FY 10-11

7 District Attorney: Criminal Prosecution Division Purpose Statement The purpose of Criminal Prosecution is to maximize public safety for the people of Lane County by successfully investigating and prosecuting criminal cases. DISTRICT ATTORNEY S OFFICE Criminal Prosecution Division Locator District Attorney Criminal Prosecution Kids FIRST Center Family Law Medical Examiner Victim Services Program Lane County, OREGON 213 FY 10-11

8 District Attorney: Criminal Prosecution DIVISION FINANCIAL SUMMARY FY FY FY Curr Bgt FY Adopted $ Chng % Chng RESOURCES: Fines, Forf, and Penalties 64,331 56,281 36,000 38,500 2, % Federal Revenues ,000 0 (107,000) % State Revenues 105, , , ,713 (27,158) % Fees and Charges 220, , , ,000 (38,100) % Total Revenue 390, , , ,213 (169,758) % Resource Carryover 19,496 50,809 50,329 60,000 9, % Fund Transfers In 0 35, % TOTAL RESOURCES 409, , , ,213 (160,087) % EXPENDITURES: Personnel Services 4,639,041 4,814,391 5,417,404 5,624, , % Materials and Services 877, ,958 1,082,588 1,056,225 (26,363) -2.44% Capital Expenses 0 18, % Fiscal Transactions 30,509 95,251 35,000 0 (35,000) % Total Resrvs & Conting ,043 68,208 12, % TOTAL EXPENDITURES 5,547,158 5,850,700 6,591,035 6,748, , % Total FTE % EXPENDITURES BY FUND General Fund 5,533,452 5,800,651 6,502,206 6,648, , % Liquor Law Enforcmnt Fnd 13,706 50,049 86,329 98,500 12, % Special Revenue Fund 0 0 2,500 2,000 (500) % TOTAL FUNDS 5,547,158 5,850,700 6,591,035 6,748, , % DIVISION FINANCIAL SUMMARY BY PROGRAM PROGRAMS FY FY FY Curr Bgt FY Adopted $ Chng % Chng Criminal Prosecution 5,533,452 5,800,651 6,502,206 6,648, , % DA Employee Incentive Program 0 0 2,500 2,000 (500) % Liquor Law Enforcement 13,706 50,049 86,329 98,500 12, % TOTAL EXPENDITURES 5,547,158 5,850,700 6,591,035 6,748, , % Lane County, OREGON 214 FY 10-11

9 District Attorney: Criminal Prosecution Division Overview The purpose of Criminal Prosecution is to maximize public safety by successfully investigating and prosecuting criminal cases. Division Objectives for FY To successfully prosecute approximately 6,000 felony and misdemeanor cases. To continue to successfully prosecute approximately 1,800 probation violation filings. To continue to successfully prosecute approximately 440 violation of restraining order cases. Key Accomplishments in FY Successfully prosecuted approximately 6,000 felony and misdemeanor cases. Successfully prosecuted approximately 1,800 probation violation filings. Successfully prosecuted approximately 440 violation of restraining order cases. Changes, Challenges & Opportunities for FY In , when there were approximately 60,000 fewer residents in Lane County, the District Attorney Criminal Division was staffed with between 29 and 32 lawyers and 11 full-time investigator-detectives. Over the intervening 30 years, DA staffing levels underwent severe cuts followed by intermittent improvements and reductions. Last year we were fortunate to recover two of the lost attorney positions, one of the nine lost investigator positions, and two other staff positions. Collectively these additions bring our investigation and prosecution units up to approximately two-thirds of 1980 staffing. We are still well below the level recommended following the 2004 comprehensive staffing analysis done by APRI (American Prosecutors Research Institute), but we're in much better shape to manage the current crime problem and protect our community. The staffing improvement has allowed us to keep up with the steady flow of felony property cases while managing the increase in violent crime. This is critical, as the felony property cases represent a large percentage of the harm done to our community. Also, the inability to thoroughly prosecute felony property cases adversely effects the level of financial support the state provides to the county under the Community Corrections Act, so recovering the positions necessary to manage the caseload has helped us protect the state financial support for the county public safety system. Over the last 18 months, collaborating with other law enforcement partners, we have been able to target some of the worst property offenders in the County. By bundling cases together and convicting the most vigorous and recalcitrant offenders, we have been able to send them to prison for very long sentences. Many of these offenders were victimizing 40 to 70 families per year, or more, so removing them to prison for an extended period of time substantially reduces the crime numbers. Our Domestic Violence team is also doing great work, by improving both the way we manage domestic violence cases and the quality of the training we provide for other law enforcement agencies. Collectively, these improvements will continue to enhance community safety. Lane County, OREGON 215 FY 10-11

10 District Attorney: Criminal Prosecution No. of FTE Attorneys and Cases Filed Per FTE Calendar Year Cases Filed Per FTE No. of FTE No. of Felony Cases per FTE No. of Misdo Cases per FTE No. of Attorneys Caseload per FTE Lawyer and Number of FTE Lawyers Total Cases per Atty No. of Attorneys No. of FTE In the Felony and Misdemeanor Cases Filed chart above, note the number of misdemeanor cases filed. The misdemeanor cases dropped dramatically in 2004 and 2005 because non-violent misdemeanor cases were no longer filed. Though some of the misdemeanor volume has returned, our office emphasis has shifted in favor of greater focus on the felony cases, included the bundled felony property crime cases described earlier Performance Management In each of the performance measures listed below, target numbers were not listed, due to the fact that all cases brought to our office from all law enforcement agencies must be processed. Felony cases filed rose slightly between 2004 and 2005 even though 183 felony drug cases were reduced to non-criminal violations. They have dropped off as we screen out cases. The number of misdemeanor cases filed has sharply declined as a direct result of a no-file policy for non-violent misdemeanors instituted in April 2004 after years of budget cuts. The number has started to rise again as we have eliminated the no file policy. Lane County, OREGON 216 FY 10-11

11 District Attorney: Criminal Prosecution DIVISION PERFORMANCE MEASURES Performance Measures Estimate Felony cases filed Misdemeanor cases filed Caseload per lawyer Lane County, OREGON 217 FY 10-11

12 District Attorney: Kids FIRST Center Division Purpose Statement The Kids FIRST Center exists to lessen the trauma experienced by abused children going through the judicial process. Division Locator DISTRICT ATTORNEY S OFFICE District Attorney Criminal Prosecution Kids FIRST Center Family Law Medical Examiner Victim Services Program Kids FIRST Center Lane County, OREGON 218 FY 10-11

13 District Attorney: Kids FIRST Center DIVISION FINANCIAL SUMMARY FY FY FY Curr Bgt FY Adopted $ Chng % Chng RESOURCES: Local Revenues 529, , , ,694 (89,855) % Fees and Charges % Interest Earnings (5,534) (4,807) (5,000) (3,500) 1, % Total Revenue 524, , , ,194 (88,355) % Resource Carryover (1,043) (130) % Fund Transfers In 30,509 64,550 35, ,070 94, % TOTAL RESOURCES 553, , , ,264 5, % EXPENDITURES: Personnel Services 470, , , ,840 (6,087) -1.12% Materials and Services 83, , , ,424 11, % Capital Expenses 0 9, % TOTAL EXPENDITURES 553, , , ,264 5, % Total FTE % EXPENDITURES BY FUND Special Revenue Fd 553, , , ,264 5, % TOTAL FUNDS 553, , , ,264 5, % DIVISION FINANCIAL SUMMARY BY PROGRAM PROGRAMS FY FY FY Curr Bgt FY Adopted $ Chng % Chng Kids' FIRST 553, , , ,264 5, % TOTAL EXPENDITURES 553, , , ,264 5, % Lane County, OREGON 219 FY 10-11

14 District Attorney: Kids FIRST Center Division Overview The Kids FIRST Center was created to lessen the trauma experienced by children who have been victims of abuse or witnesses to domestic violence and are involved in the criminal justice process. We accomplish this by providing a child-focused setting where children and non-offending family members can receive support and needed services as the related criminal investigation is protected. The Center has served in excess of 8,500 victim-children since opening. Kids' FIRST (KF) also provides regional training, peer review and other support services to assist similar operations and associated Multidisciplinary Teams in Lane, Douglas, and Coos Counties. The Center provides all its services in a single central location, including child forensic interviews, medical assessments, parent educational support groups, grand jury hearings involving child victims, and MDT (Multidisciplinary Team) meetings. The Center has been funded primarily through dedicated state funds and other grants including CAMI, Victims of Crime Act (VOCA), and a Rural Domestic Violence grant, none of which are stable and growing to meet cost increases. Division Objectives for FY Conduct training for all participating agencies handling child abuse cases to ensure uniform and optimized handling and investigation of cases throughout the county. Revise and update all MDT guidelines including Drug Endangered Children (DEC) and Karly s Law procedures in child abuse investigations... Continue training and supporting medical experts as designated medical providers. Explore further partnership and collaboration with local health care provider, PeaceHealth. Continue to strengthen outreach services to child abuse victims in rural Lane County. Develop and strengthen Regional Services Delivery to Lane, Coos and Douglas counties Submit grants to Meyer Memorial Trust and Oregon Community Foundation to secure funding for a contract development director to increase private contributions to the non-profit Secure a $350,000 Federal Office of Victims of Crime/Rural Domestic Violence Child Victimization Grant that funds the DV Witness Project. This represents a cut of $25,000 from Secure project grant through VOCA to continue funding the Volunteer Coordinator and Support Group Develop training and strategic planning for future funding needs Key Accomplishments in FY Successful investigation and follow-up of nearly 700 child abuse allegations. Hired a new Medical Director who is instrumental in improving response and medical evaluations of child physical abuse victims. Secured facilities fee revenue on all medical exams performed at KF in partnership with PeaceHealth Began outreach and regional services to Lane, Coos and Douglas counties Completed training of all County LEA and DHS personnel on responding to domestic violence cases including child witness protocol. Changes, Challenges & Opportunities for FY Our challenge is to keep the Kids FIRST doors open through a variety of instable and challenged funding sources. Historically no general fund support has been budgeted for this Division, but sporadic grant and general fund supplements have kept the program solvent. It has become increasingly more difficult to interest grant funders and private donors in supporting the high cost of county indirect services. The Board and executive staff are working to improve capacity to fund Kids FIRST privately, but that s a particularly difficult task in a declining economy. Kids FIRST helps to Lane County, OREGON 220 FY 10-11

15 District Attorney: Kids FIRST Center provide positive outcomes for victim children, their families and the rest of the community. Continuing to provide the same level of service in the face of increasing demand will require better, more stable funding in the future. Performance Management A variety of performance measures are used at Kids FIRST. Our primary objective is to reduce the trauma to child victims and child witnesses who come through Kids FIRST. We also track the number of grand jury hearings, physical examinations and volunteer advocate hours. Many of these measures are activity indicators. Our greatest success is reflected in the harm we avoid by properly supporting and caring for children who have been traumatized. That s a difficult measure to plug in to a performance software program. Instead, we measure our performance through assessments and customer surveys which provide a consistently positive and improving response. The Kids FIRST Center has also improved the quality and efficiency of the investigations and prosecutions by law enforcement. Recorded interviews of child victims describing sexual, physical, and domestic abuse, and recordings of their observations of domestic violence, significantly improve the quality of the evidence available for trial. Statistics demonstrate that when child victim interviews are recorded at the Center, the rate of criminal prosecution and conviction increases significantly and most cases result in negotiated guilty pleas rather than jury trials, a process which often compounds the trauma for a child victim.. This past year the number of forensic interviews jumped to 33 above target. This increase is largely due to Karly s Law, improved training, and an improved system-wide response to investigating child physical abuse and domestic violence. The number of on-site medical exams fluctuates, making it difficult to predict future needs. Any time a child discloses possible sexual penetration, a medical exam is indicated. The implementation of Karly s Law also requires more children to receive forensic exams for physical abuse. This year again has resulted in numbers taking us well beyond our target. The number of volunteer victim advocate case managers has also fluctuated over the past few years, largely because of the intermittent loss of our Volunteer Coordinator. Since the Volunteer Coordinator position was reinstated we have maintained on average a volunteer force of approximately two dozen individuals serving as victim advocates or as child care providers for the support group. A number of factors make it difficult to predict a ratio between child interviews and grand jury proceedings. It may be due to the ratio of juvenile to adult offenders or a new process in which many cases are resolved via plea following waiver of grand jury. Processing cases in this manner saves children from the potential additional trauma of testifying before the Grand Jury. This practice has decreased the number of Grand Jury hearings and yet GJ numbers are still above target. Karly s Law has improved the response to child physical abuse investigation and we are identifying, investigating and prosecuting far more child physical abuse case than in prior years. Lane County, OREGON 221 FY 10-11

16 District Attorney: Kids FIRST Center Performance Measures Provide forensic interviews for law enforcement agencies and Department of Human Services DIVISION PERFORMANCE MEASURES Target Provide on-site medical exams Provide volunteer victim advocate case managers Be the venue for special grand jury cases involving child victims Comment Target Above target Above target Above target Above target Lane County, OREGON 222 FY 10-11

17 District Attorney: Family Law Division Purpose Statement Pursuant to ORS , Family Law obtains financial and medical support for children from both parents through establishment of paternity and child support and health care coverage orders, and enforcement and modification of existing child support and medical support orders. DISTRICT ATTORNEY S OFFICE Division Locator Family Law District Attorney Criminal Prosecution Kids FIRST Center Family Law Medical Examiner Victim Services Program Lane County, OREGON 223 FY 10-11

18 District Attorney: Family Law DIVISION FINANCIAL SUMMARY FY FY FY Curr Bgt FY Adopted $ Chng % Chng RESOURCES: Federal Revenues 963,784 1,208,890 1,247,895 1,191,757 (56,138) -4.50% State Revenues 313,613 53,452 10,888 12,000 1, % Fees and Charges 2,611 3,010 1,200 2, % Interest Earnings 9,195 6,848 4,000 2,500 (1,500) % Total Revenue 1,289,203 1,272,200 1,263,983 1,208,357 (55,626) -4.40% Resource Carryover 170, , , ,912 (35,788) % Fund Transfers In 10,000 21, ,185 2,500 (117,685) % TOTAL RESOURCES 1,469,445 1,536,145 1,611,868 1,402,769 (209,099) % EXPENDITURES: Personnel Services 1,154,380 1,235,681 1,367,544 1,402,074 34, % Materials and Services 224, , , ,265 1, % Fiscal Transactions 77,629 72, ,897 53,212 (117,685) % Total Resrvs & Conting , ,912 80, % TOTAL EXPENDITURES 1,456,050 1,545,758 1,894,923 1,893,463 (1,460) -0.08% Total FTE (0.10) -0.75% EXPENDITURES BY FUND General Fund 1,446,050 1,524,212 1,663,223 1,699,051 35, % Special Revenue Fund 10,000 21, , ,412 (37,288) % TOTAL FUNDS 1,456,050 1,545,758 1,894,923 1,893,463 (1,460) -0.08% DIVISION FINANCIAL SUMMARY BY PROGRAM PROGRAMS FY FY FY Curr Bgt FY Adopted $ Chng % Chng Family Law 1,456,050 1,545,758 1,894,923 1,893,463 (1,460) -0.08% TOTAL EXPENDITURES 1,456,050 1,545,758 1,894,923 1,893,463 (1,460) -0.08% Lane County, OREGON 224 FY 10-11

19 District Attorney: Family Law Division Overview The purpose of the Family Law Division is to obtain financial and medical support for children from both parents through establishment of paternity, child support and health care coverage orders, and enforcement and modifications of existing support orders. Family Law must perform these services in compliance with the requirements of Title IV-D of the Social Security Act (42 U.S.C. Section 651 et seq and Title 45 of the Code of Federal Regulations, Parts 300 to 399) and the applicable Oregon Revised Statutes and Oregon Administrative Rules. Division Objectives for FY To continue to collect at least $19 million for children. To continue to meet or exceed performance requirements necessary to maximize federal funding. Key Accomplishments of FY Collected almost $19 million last year for families with children in Lane County. Successfully collected support on 58% of specially targeted hard-to-collect cases referred to the Family Law Division for enhanced enforcement. More than $1 million in support is flowing to these families, in most cases for the first time ever or after several years of no support. Developed and instituted the PACT Program (Parents Are Consistently There) for Lane County as an educational alternative to jail sanctions for delinquent obligors. Successfully implemented new service and procedural mandates imposed by the Deficit Reduction Act of 2005, changes in the Oregon child support guidelines and revised Uniform Trial Court Rules. Changes, Challenges & Opportunities for FY Newly enacted federal and state legislation requires substantial resources for implementation. Administration of newly mandated processes, while adding to current and future workloads, does not contribute to increased collections, nor improve earned performance incentives, yet must nevertheless be addressed. Reductions in local county public safety funding further reduces the means to hold noncustodial parents accountable for failing to support their children. In addition to establishment of medical support orders, Family Law is now required to enforce such orders against either or both parents, with no additional funding. Family Law must accommodate an increased demand for modifications due to newly-enacted recession response legislation requiring expedited employment-related temporary and permanent modifications. Family Law seeks to maintain current collection levels in the face of substantial local increases in unemployment and diminishing county and state law enforcement resources necessary for imposition of support enforcement sanctions. Performance Management One measure of Family Law Division performance is the total amount of support collected. The Division also measures establishment of paternity and/or child support orders on cases referred to the Division without such orders, calculated as the percentage of cases without orders compared to the number of cases in the caseload. Performance is also measured on the amount of past support collected on cases with support arrears owing, calculated as the number of cases with arrears compared to the number of cases paying on arrears. Lane County, OREGON 225 FY 10-11

20 District Attorney: Family Law Cost-effectiveness of services provided is measured by the amount of support collected for each $1 of Family Law Division expenditures. The Family Law Division is on target to receive 100 percent of the available federal performance incentives as follows: The Family Law Division will exceed the federal performance benchmark of 80 percent or better for support order establishment and collection of support arrears and continue to be eligible for 100 percent of the available incentive payments in those areas. The Family Law Division will collect more than the minimum $5 of support for each $1 spent and thus earn 100 percent of the costeffectiveness incentive. The number of child support collection cases assigned to the Family Law Division has remained fairly stable for the past several years. There is no basis for projecting increased caseload numbers or collections at this time. The number of dollars collected decreased primarily due to local joblessness, the elimination of public safety resources available for enforcement sanctions, and the increasing unfunded service mandates resulting from federal and state legislation. Local unemployment and underemployment of obligors results in an increase in mandated legal services for review and adjustment of child support obligations. As the amount of ordered support in individual cases is modified downward, the total support amount available for collection is commensurately reduced. Current performance exceeds the federal benchmarks and therefore earns 100% of available performance incentive payments. Performance Measures Total collections DIVISION PERFORMANCE MEASURES 2007 $19.8 million 2008 $19.0 million 2009 $18.8 million 2009 Target $19.0 million Establishment of orders 96.6% 96.5% 97.1% 96.5% Collection of arrearages 81% 83% 84% 83% Cost effectiveness (support collected per $1spent) $12.15 $11.32 $10.01 more than $5.00 Comment Below target Above target Above target Above target 2010 Target $18.5 million 97% 84% more than $5.00 Lane County, OREGON 226 FY 10-11

21 District Attorney: Medical Examiner Division Purpose Statement The Medical Examiner provides for investigations of all traumatic and unattended deaths in Lane County. Division Locator DISTRICT ATTORNEY S OFFICE Medical Examiner District Attorney Criminal Prosecution Kids FIRST Center Family Law Medical Examiner Victim Services Program Lane County, OREGON 227 FY 10-11

22 District Attorney: Medical Examiner DIVISION FINANCIAL SUMMARY FY FY FY Curr Bgt FY Adopted $ Chng % Chng RESOURCES: Fees and Charges 6,153 3, % TOTAL RESOURCES 6,153 3, % EXPENDITURES: Personnel Services 230, , , ,900 (7,074) -2.58% Materials and Services 109,757 73,103 84,346 84, % TOTAL EXPENDITURES 340, , , ,831 (6,489) -1.81% Total FTE % EXPENDITURES BY FUND General Fund 340, , , ,831 (6,489) -1.81% TOTAL FUNDS 340, , , ,831 (6,489) -1.81% DIVISION FINANCIAL SUMMARY BY PROGRAM PROGRAMS FY FY FY Curr Bgt FY Adopted $ Chng % Chng Medical Examiner's Office 340, , , ,831 (6,489) -1.81% TOTAL EXPENDITURES 340, , , ,831 (6,489) -1.81% Lane County, OREGON 228 FY 10-11

23 District Attorney: Medical Examiner Division Overview By statute, the Medical Examiner investigates all non-natural and unattended deaths in Lane County. Under Oregon law, the Medical Examiner and the District Attorney share jurisdiction for death investigations. The investigators of the Lane County Medical Examiner s Office (LCME) provide scene investigations, follow-up and other services. The OSME (Oregon State Medical Examiner) employs a forensic pathologist to perform post-mortem examinations and to certify the cause and manner of deaths of each medical examiner case. The objective of the Medical Examiner s Office is to: 1) recover human remains; 2) identify them; 3) preserve and recover evidence and property associated with each case; 4) determine cause and manner of death; and 5) return remains to next of kin. Primary activities include attending the scene of death and follow-up investigation, performing post-mortem examinations, coordinating investigations with law enforcement agencies and other experts, communicating with families, and writing reports of investigations. The Medical Examiner s Office is successful in documenting a cause and manner of death in every case. Our reports are used in criminal and civil adjudication, insurance, personal and public health records, child fatality review, and state epidemiology monitoring. Our Deputy Medical Examiners work closely with law enforcement, public health and other public agencies, as well as with individuals affected by each death to make the death investigation process efficient and accurate while remaining compassionate and respectful toward grieving survivors. Division Objectives for FY Investigate and certify all deaths, as required by ORS Chapter 146. Continue to stabilize the office by improving the investigative process and morgue operations. Key Accomplishments of FY The LCME successfully determined the cause and manner of death of approximately 371 deaths in Lane County during calendar year The LCME office improved office operations assisting the OSME and forensic pathologist medical examiner, Daniel W. Davis, M.D. Changes, Challenges & Opportunities for FY The total number of calls for service, approximately 900, has changed little over the last year, but the logistical complexity of the workload has gone through a several year transition from , since the retirement of our venerable forensic pathologist Edward F. Wilson, MD.. The medical service of forensic pathologists has gone from the use of private physicians paid as consultants by contract with the State of Oregon toward the present model of hiring physicians as state employees to do the medical work mandated by ORS 146. Presently the Oregon State Medical Examiner s Office has budgeted for a full-time position of a forensic pathologist to serve as Deputy State Medical Examiner for Lane County. That person is Daniel W. Davis, M.D., who is a pathologist with sub-specialty training and board certification in forensic pathology. He has been operating as the Lane County Medical Examiner since February The State Medical Examiner, Karen Gunson, M.D., envisions Lane County as a hub in one of four regions of a statewide regional medical examiner system with a new regional forensic morgue facility to be built in Lane County, though the funding for such a program is uncertain. Lane County, OREGON 229 FY 10-11

24 District Attorney: Medical Examiner Since the arrival of Dr. Davis as Lane County Medical Examiner, the caseload under medical examiner jurisdiction has increased as a proportion of the total deaths in Lane County. The calendar years of 2007 and 2008 produced just over 300 jurisdictionally accepted cases. The calendar year of 2009 produced 371 cases. The first half of calendar year 2010 produced 179 jurisdictional cases. In addition to attending death scenes, the process of death investigation requires a large amount of generally unappreciated time and effort for follow-up activities. These activities include: obtaining and reviewing medical records; identifying, locating, and speaking with the next-of-kin or other persons familiar with the decedents; interacting with funeral directors; assisting the pathologist at autopsy; preparing and sending specimens for toxicological analysis; documenting the investigations in typically multiple incremental drafts; transferring documentation to the state office database; supervising the parttime investigative and morgue employees; and general administrative activities. The daytime shift requires the most intensive investigative effort as autopsies are being performed during the day and the most efficient follow-up is available during daytime hours when medical offices are open and treating physicians are obtainable. At the same time, new death scenes are being discovered and require an immediate response.. In other comparable jurisdictions in Oregon, a minimum of three full time medico legal death investigators cover jurisdictions the size and population of Lane County. Lane County plans in fiscal year to operate with just two full-time investigators on staggered shifts, and some additional part-time investigative help, for the mandate of providing credible death investigations with a timely response 24 hours per day, seven days per week. It is apparent that the current staffing configuration is inadequate to meet this expectation. The two full-time investigators presently employed by Lane County are both simultaneously nearing retirement age. The office will require more than part-time temporary employees to make a transition when Lane County loses one of these investigators to retirement and to keep up with the increasing demands of death investigation in this county. There is an opportunity to adequately train a replacement for one of these positions by hiring another full-time investigator sooner than later. There is also an opportunity to improve efficiency of the existing program by budgeting for more training for existing part-time employees. Also, the morgue that has been used at Sacred Heart Hospital for 30+ years is in a state of transition as the hospital transferred its center of operation to RiverBend Hospital in Springfield. Peace Health Medical Center is also in the process of renovating its Hilyard campus, the location of our current temporary morgue. Major portions of the old hospital are scheduled to be demolished, which includes the site of the morgue. The hospital has arranged another temporary leasing arrangement with Lane County to remain in the present morgue, but the word temporary cannot be emphasized enough. Lane County needs a new morgue. There have been some cost savings in this arrangement to Lane County from the previous arrangement of case-by-case billing of the county by the hospital, but these savings have been offset by the lease and morgue operating costs as the county must now provide for morgue personnel, equipment, and disposable items. Performance Management Oregon Revised Statutes require the certification of all deaths that are non-natural or unattended. This number fluctuates, but has been increasing in the past year. Our investigators are called to investigate approximately 900 of the 3,000 deaths per year in Lane County per the reporting requirements of ORS 146. The office presently takes jurisdiction in approximately 400 of those deaths. Each of these cases receives a report of investigation. Many, if not most of these cases get examined by an investigator or the pathologist. A large percentage of the Lane County, OREGON 230 FY 10-11

25 District Attorney: Medical Examiner cases are autopsied and require toxicology or other procedures. Medical examiner reports of investigation are sent to the Oregon State Medical Examiner s Office for the official record and dissemination. Reports of investigation and autopsies with supporting data are retained in hard files at the Lane County District Attorney s Office. The philosophy of death investigation in Lane County is that they each receive a coordinated investigation through the Lane County Medical Examiner s Office and many other agencies in Lane County. DIVISION PERFORMANCE MEASURES Comment 2010 Performance Measures Estimate Estimate Total Lane County deaths On target 3100 % of cases in which the medical Above 9.6% 9.9% 12.0% 10.5% 17.0% examiner takes jurisdiction target Medical examiner cases in which 52% 36% 30% 30% On target 30% autopsies are performed Lane County, OREGON 231 FY 10-11

26 District Attorney: Victim Services Program Division Purpose Statement The purpose of the Victim Services Program is to provide comprehensive services to crime victims in order to guarantee that victims constitutional and statutory rights are upheld. DISTRICT ATTORNEY S OFFICE Victim Services Program Division Locator District Attorney Criminal Prosecution Kids FIRST Center Family Law Medical Examiner Victim Services Program Lane County, OREGON 232 FY 10-11

27 District Attorney: Victim Services Program DIVISION FINANCIAL SUMMARY FY FY FY Curr Bgt FY Adopted $ Chng % Chng RESOURCES: State Revenues 234, , , ,057 9, % Fees and Charges % Interest Earnings % Total Revenue 236, , , ,282 9, % Resource Carryover 19,962 20,273 20,066 19,270 (796) -3.97% TOTAL RESOURCES 256, , , ,552 8, % EXPENDITURES: Personnel Services 298, , , ,438 7, % Materials and Services 105, , , ,959 16, % Total Resrvs & Conting ,545 0 (12,545) % TOTAL EXPENDITURES 404, , , ,397 11, % Total FTE % EXPENDITURES BY FUND General Fund 402, , , ,902 12, % Special Revenue Fund 1,321 1,361 20,066 19,495 (571) -2.85% TOTAL FUNDS 404, , , ,397 11, % DIVISION FINANCIAL SUMMARY BY PROGRAM PROGRAMS FY FY FY Curr Bgt FY Adopted $ Chng % Chng Victim Assistance Library ,545 18,341 (204) -1.10% Victim Emergency Services ,521 1,154 (367) % Victim/Witness Program 402, , , ,902 12, % TOTAL EXPENDITURES 404, , , ,397 11, % Lane County, OREGON 233 FY 10-11

28 Division Overview District Attorney: Victim Services Program The purpose of the Victim Services Program is to provide comprehensive services to crime victims in order to guarantee that victims constitutional and statutory rights are upheld. Services include: victim notification, restitution analysis and calculation, assisting victims with the emotional and psychological problems associated with being victims; referring victims to other community agencies; counseling referral as appropriate; and assisting victims with filing claims with the State of Oregon Crime Victims Compensation program. Key Accomplishments of FY In the past year the program has provided 32,832 services to victims regarding their rights and notifying them of critical court hearings so they could decide whether or not they should attend. Victim accompaniment to trials and sentencing hearings to explain the process and provide emotional support. Protective Order Clinic, staffed by volunteers and one paid staff member, continues to provide assistance to approximately 200 petitioners per month. Over $4.5 million in restitution in has been documented. This is a direct result of restitution documentation, analysis and calculation in thousands of cases worked by Victim Services. Changes, Challenges & Opportunities for FY The Victim Services Program is currently operating with five paid staff and thirty volunteers. It is a daily challenge to keep current with the large workload. The challenge is to continue to provide constitutionally and statutorily-mandated duties with declining financial support. The goal is to recruit and train five new volunteers in the fall of These volunteers will be able to provide services to crime victims and help with staff caseloads. Performance Management The number of services provided to crime victims is above target for this year. The staff and volunteers worked extra hard to provide comprehensive services to victims. The database used by the Victim Services Program allows staff and volunteers to document the services provided to victims. DIVISION PERFORMANCE MEASURES Performance Measures Target Number of volunteers Number of volunteer hours 8,229 9,658 9,321 8,500 Cases where notices are provided 3,560 4,068 4,271 3,500 Number of services provided 25,045 31,281 32,832 28,000 Services per volunteer hour Comment 2010 Target Above target 25 Above target 8,500 Above target 3,500 Above target 30,000 Above target 3.0 Lane County, OREGON 234 FY 10-11

29 District Attorney DEPARTMENT REVENUE SUMMARY REVENUE ACCOUNTS FY FY FY Curr Bgt FY Adopted $ Chng % Chng Court Fines 26,107 29,945 18,500 20,500 2, % Fines From Other Courts 18,912 19,624 17,500 18, % Forfeitures Other 19,312 6, % FINES, FORF, & PENALTIES 64,331 56,281 36,000 38,500 2, % Health & Human Services 963,784 1,208,890 1,247,895 1,191,757 (56,138) -4.50% Department Of Justice ,000 0 (107,000) % FEDERAL REVENUES 963,784 1,208,890 1,354,895 1,191,757 (163,138) % Miscellaneous State 50,556 78,856 75,000 80,970 5, % DDA Salary Supplement 12,329 11, % Victim - Witness Program 147, , , ,425 8, % Misc - State Revenue 443, , , ,375 (31,016) % STATE GRANT REVENUES 654, , , ,770 (16,925) -3.84% Other Local 529, , , ,694 (89,855) % LOCAL REVENUES 529, , , ,694 (89,855) % Miscellaneous Svc Charges 39,009 37,991 37,600 25,000 (12,600) % Special Projects 0 0 2,500 2,000 (500) % Report Fees % Private Donations % Discovery - Police Records 155, , , ,100 (24,100) % Refunds & Reimbursements 15,980 7, % Legal Services 18,011 8, % FEES AND CHARGES 229, , , ,100 (37,200) % Investment Earnings 4,555 2,618 (1,000) (775) % INTEREST EARNINGS 4,555 2,618 (1,000) (775) % Resource Carryover ,141 18, % Fund Balance 208, , , ,041 (45,184) % Transfer Fr General Fund 30,509 60,000 35, ,070 94, % Transfer Fr Sp Rev Funds 10,000 56, ,185 2,500 (117,685) % Transfer Fr Int Svc Fnds 0 4, % FISCAL TRANSACTIONS 249, , , ,752 (50,658) % TOTAL RESOURCES 2,695,542 3,106,631 3,122,849 2,767,798 (355,051) % Lane County, OREGON 235 FY 10-11