District Attorney. Mission Statement. Department Description and Key Issues. To do Justice, as no one is above the Law nor beneath its protection.
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1 District Attorney Michael L. Ramsey, District Attorney Department Summary Mission Statement To do Justice, as no one is above the Law nor beneath its protection. Department Description and Key Issues The District Attorney is a constitutional officer, mandated to review, investigate and prosecute all criminal violations of state and local laws occurring in Butte County. The District Attorney s priority is to protect victims of crime and the safety of the public. The District Attorney acts by the authority of and in the name of the People of the State of California. The District Attorney receives and reviews approximately 9,500 adult and juvenile crime reports from over twenty law enforcement and regulatory agencies to determine whether to file criminal complaints in the court. Without the District Attorney s review, no felony or misdemeanor arrest by a local police agency can be prosecuted and any arrest is for naught. All search and arrest warrants issued in the county must also be reviewed and approved by the District Attorney prior to submission to the courts. The District Attorney acts as a legal and investigative advisor to all local law enforcement agencies and supplies investigators to assist in a wide variety of investigations. In addition the District Attorney has first responder responsibilities for major fraud investigations including welfare and workers compensation cases; child support and abduction investigations; child abuse and molest investigations; and narcotic and marijuana task force investigations including Drug Endangered Children cases. The District Attorney prosecutes felony cases on a vertical prosecution model, whereby the same prosecutor handles the case from beginning to end. Vertical prosecution is effective for case management and, most importantly, for victim consideration. Prosecution and investigation personnel are assigned to specialty areas of law to take advantage of training, experience and skills. The specialty areas are: Special Victims (child abuse, elder abuse, sexual assault and domestic violence); Child Abduction (recovery of abducted children); Gangs; Narcotics; Drug Endangered Children (rescuing children from drugimpaired homes); Major Crimes (homicide, robbery, kidnapping, felony assault, weapons); Juvenile Crimes; Misdemeanor Crimes (driving under the influence, petty theft, disturbances, misdemeanor assault, vandalism); Economic and Cyber Crimes (property crime, insurance fraud, identity theft, consumer fraud, embezzlement, real estate fraud); Welfare Fraud and Child Support Investigations; Environmental and Consumer Protection (civil and criminal prosecutions of environmental and consumer crimes); Collaborative/Problem Solving Courts (DUI and drug courts); and Asset Seizure/Forfeitures. The key issues for the District Attorney s Office this coming year include: training and retention of new prosecutors; Public Safety Realignment (AB 109); the effects of Proposition 47; the investigation and prosecution of crimes involving gangs and marijuana; continued expansion of services to victims of crime; and continuing automation improvements to streamline and enhance law enforcement s delivery of case prosecution information to the District Attorney (Agency Upload) and a major overhaul of the District Attorney s Case Management System to become more of a data (and intelligence) hub for the criminal justice system within the county. Training and Retention of New Prosecutors Since 2008, the Butte County District Attorney s Office has experienced an increasing inability to recruit or hire toplevel 141
2 District Attorney Michael L. Ramsey, District Attorney Department Summary candidates and difficulty retaining quality attorneys in the Deputy District Attorney classifications. Institutional knowledge, morale, and public safety suffer as the office finds itself in a continuous cycle of training new prosecutors. For example, in 2014 the District Attorney hired four new attorneys to fill Deputy District Attorney I (DDA I) positions and lost all four plus a DDA III. All but one left for higher paying positions in other offices after the expense of training here. The County is at risk of becoming the training ground for other counties best prosecutors. Public Safety Realignment (AB109) The County continues to struggle with the effects of State prisoners being realigned from the state to our local authorities. In an effort to measure the true impacts of AB109 on local public safety, the District Attorney has partnered with our local law enforcement agencies and California State University, Chico, to analyze a variety of data over the past three years. Data shows the District Attorney s felony caseload increased over 18.6% since the introduction of AB109 in October of Much of that increase is attributed to repeat offenders released into the community who would normally have been imprisoned, as evidenced by a sharp increase in violation of probation filings and theft crimes. Other increases are driven by our local jail being turned into a local prison with a concomitant rise in prison crime prosecutions new to our caseload crimes such as violent inmateoninmate assaults, drug smuggling and weapon manufacturing. The crime of escape, largely unknown since the building of the new jail in 1996, is now regularly prosecuted as inmates escape from home detentions which have been made necessary by jail overcrowding. Parole revocations, once the responsibility of State parole authorities, are now the responsibility of our local courts. Proposition 47 Dangerous and prolific felons are being released from our state and local prisons as a result of the passage of Proposition 47 in November of Under Proposition 47 the ability of our county s successful drug courts to rehabilitate addicts who steal and harm the public has been greatly curtailed by eliminating the threat of a felony incarceration which has been the stick to encourage the carrot of treatment/recovery. A massive reorganization of our drug courts is underway and the expectation of increased criminal activity driven by untreated addiction is inevitable. Gangs There are at least 25 gangs with more than 1,200 members and associates known in Butte County and another 15 other gangs that frequent the county. Local gangs are actively involved in violent crimes involving weapons, property crimes and illegal drug distribution. Several highprofile murders, shootings and stabbings involving multiple gang members continue to occupy our criminal docket for the coming year requiring significant prosecutorial and investigative resources. A more collaborative effort of the local law enforcement agencies has led to the development of a strategic methodology in dismantling local gangs through the use of intelligent data collection. This strategic effort will be greatly enhanced through the District Attorney s new Crime Intelligence Analyst position which has just been filled after a nearly yearlong nationwide search. The position will build and maintain a data fusion center to combat gangs through the intelligent use of information links from disparate data systems. Marijuana Marijuana cases, particularly large operations masquerading as medicinal crops to supply urban storefront retail marijuana shops and east coast buyers, are taking more resources to investigate and prosecute as a result of recent court cases which have made this area of prosecution more complex. The county s aggressive push to 142
3 District Attorney Michael L. Ramsey, District Attorney Department Summary enforce Measure A will also undoubtedly increase our caseload of criminal cultivation cases. Additionally an explosion of Butane Honey Oil (BHO) laboratory cases has greatly increased our docket with the notation that Butte County was number one per capita in the state in BHO labs this past year. Victim/Witness Assistance Center (VWAC) The Victim/Witness program was transferred from the Probation Department to the District Attorney s Office on January 1, Besides the physical relocation of the VWAC, staffing was enhanced and victim advocate roles were expanded. Organizational assimilation of VWAC into the District Attorney s Office has resulted in better services to victims (e.g., timely assessment and referral to services, information on their cases and the criminal justice processes, and assistance with state compensation funds for victims of violent crime). Services to victims of violent crime has increased over 76% over the past three years. Additionally over $1 million in services (medical, burial, counseling services) has been distributed to Butte County Joint Powers victims from the state victims compensation program by the efforts of the Butte County VWAC. A major threeyear pilot project has also been undertaken in partnership with the Superior Court, TreasurerTax Collector and Auditor Controller to increase the collection of restitution for and distribution to our crime victims to assist in repairing the toll crime took on their lives. Automation/Integration of the Local Criminal Justice System The District Attorney s Office continues to be a statewide leader in computer automation and integration with our criminal justice partners. First in the State for electronic search and arrest warrants and criminal discovery to defense attorneys, the District Attorney has saved the criminal justice system untold dollars in efficiency savings. Over the past two years, a major project to integrate law enforcement computers with our computer system allowing the electronic upload of police files and evidence to the District Attorney is operational and continuing to improve. Additionally, a planned major overhaul of the District Attorney s Case Management System will streamline and greatly improve our case management and interconnectivity with our criminal justice partners. 143
4 District Attorney Michael L. Ramsey, District Attorney Department Summary DISTRICT ATTORNEY BUDGET s Adopted Licenses, Permits and Franchises 60,658 76,111 Fines, Forfeitures and Penalties 99,648 75, , ,000 Intergovernmental Revenues 1,035, , , ,812 Charges For Services 998,804 1,038, , ,071 Miscellaneous Revenues 139,024 77,331 44,744 44,744 Other Financing Sources 337, , , ,666 Total Revenues $ 2,670,915 $ 2,378,641 $ 2,385,293 $ 2,385,293 Salaries and Employee Benefits 8,876,286 9,596,058 9,963,396 9,746,965 Services and Supplies 1,135,049 1,088,801 1,059,249 1,125,950 Other Charges 87, ,221 72,513 72,513 Other Financing Uses 674, ,462 14,385 33,565 Special Items 555, ,920 Total Expenditures $ 10,773,097 $ 11,432,542 $ 11,664,630 $ 11,976,913 Net Costs/Use of Fund Balance $ 8,102,182 $ 9,053,901 $ 9,279,337 $ 9,591,620 Source of Funds (Revenues) General purpose revenue (GPR) from the General Fund is the largest revenue source for the department. Charges for services include the revenues from nongeneral Fund departments for investigative services. Intergovernmental revenues include State and federal funds for domestic violence and victim witness programs, and for workers compensation fraud prosecution. Fines, forfeitures and penalties include real estate fraud Other Financing Sources 6% Miscellaneous Revenues 0% Charges For Services 7% Source of Funds (Revenues) $11,976,913 Intergovernmental Revenues 4% Fines, Forfeitures and Penalties 3% prosecution fees, environmental prosecution, alcohol and drug lab fees, and criminal lab cost reimbursement. Other financing sources include transfers from nonoperating special revenue funds that include drug and gang activity, federal forfeiture funds, and 2011 Public Safety and Health and Human Services Realignment. GPR 80% 144
5 District Attorney Michael L. Ramsey, District Attorney Department Summary Use of Funds (Expenditures) Salaries and benefits is the largest expenditure category for the department. Services and supplies include maintenance of case management systems, lab services, specialized services, utilities, and travel costs. Special Items include costs for support services provided by Administration, Auditor, County Counsel, General Services, Human Resources, Information Systems, and Treasurer. They also include transfers to General Services for a portion of facility projects at 25 County Center Drive, including roof and boiler replacements and accessibility projects. Salaries and Employee Benefits 81% Use of Funds (Expenditures) $11,976,913 Services and Supplies 10% Other Charges 1% Other Financing Uses 0% Special Items 8% Summary of Budget Request and Recommendations Salaries & Employee Benefits The department request includes funding to maintain current staffing levels. The department budget request includes converting one sunset position for a Drug Endangered Children Investigator to regular help as this position has been in place for four years. The department budget request *Asof4/21/15 includes extending 5.5 sunset positions to June 30, 2016 in the Criminal Division. Full Time Equivalent Position Allocations Total Adopted Positions Adopted Positions Adopted Positions Adopted Positions Current Positions * Positions The department budget request includes one parttime extrahelp prosecutor to prosecute criminal failures to pay child support at the request of the Child Support Services Department. The department budget request includes overtime funds for District Attorney investigative personnel assigned to the Sheriff s marijuana eradication unit. 145
6 District Attorney Michael L. Ramsey, District Attorney Department Summary The department budget request includes an increase of a 0.5 Paralegal assigned to the Asset Forfeiture Program to a fulltime position to handle increases in state asset seizure and forfeiture activities. The department budget request includes the addition of one Investigative Assistant position to address the massive increase in financial and cybercrimes. The recommendation includes funding to maintain current staffing level. The recommendation includes: extending 5.5 sunset positions to June 30, 2016 in the Criminal Division; one parttime extrahelp prosecutor to prosecute criminal failures to pay child support; and overtime for District Attorney investigative personnel assigned to the Sheriff s marijuana eradication unit. The recommendation does not include funding for converting a Drug Endangered Children Investigator to regular help, increasing a 0.5 Paralegal to a fulltime position, or adding one Investigative Assistant position. Services & Supplies The department request includes funding to maintain current service levels. The recommendation includes funding for requested services and supplies. Capital Assets The department budget request does not include any capital assets. The recommendation does not include any capital assets. 146
7 STATE CONTROLLER SCHEDULES BUTTE COUNTY COUNTY BUDGET ACT FINANCING SOURCES AND USES BY BUDGET UNIT BY OBJECT January 2010, revision #1 GOVERNMENTAL FUNDS FISCAL YEAR SCHEDULE 9 BUDGET UNIT FUNCTION ACTIVITY FUND 320 DISTRICT ATTORNEY PUBLIC PROTECTION JUDICIAL 0010 GENERAL FUND Detail by Revenue Category Adopted by the and Expenditure Object Board of REVENUES 430 FINES,FORFEITURES & PNTLY 290, ,000 d 450 INTERGOVERNMNMTL REVENUES 517, ,812 d 460 CHARGES FOR SERVICES 875, ,071 d 470 MISCELLANEOUS REVENUE 44,744 44,744 d 480 OTHER FINANCING SOURCES 657, ,666 d TOTAL REVENUES $2,385,293 $2,385,293 b EXPENDITURES/APPROPRIATIONS 510 SALARIES & EMPLOYEE BENE 9,963,396 9,746,965 d 520 SERVICES & SUPPLIES 1,059,249 1,125,950 d 550 OTHER CHARGES 72,513 72,513 d 570 OTHER FINANCING USES 14,385 33,565 S 590 SPECIAL ITEMS 555, ,920 d $11,664,630 $11,976,913 b NET COSTS / USE OF FUND BALANCE $9,279,337 $9,591,
8 BUTTE COUNTY DETAIL OF BUDGET UNIT DIVISION BUDGET UNIT 320 DISTRICT ATTORNEY FUND 0010 GENERAL FUND Detail by Division Adopted by the Board of REVENUES BY DIVISION 3201 DAPROSECUTION DIV 3202 DAINVESTIGATION DIV 3203 DAADMIN DIV TOTAL REVENUES EXPENDITURES/APPROPRIATIONS BY DIVISION 3201 DAPROSECUTION DIV 3202 DAINVESTIGATION DIV 3203 DAADMIN DIV NET COSTS/USE OF FUND BALANCE BY DIVISION 3201 DAPROSECUTION DIV 3202 DAINVESTIGATION DIV 3203 DAADMIN DIV TOTAL NET COSTS/USE OF FUND BALANCE 560, ,349 1,263,211 1,263, , ,733 $2,385,293 $2,385,293 5,711,832 5,708,071 3,537,174 3,372,849 2,415,624 2,895,993 $11,664,630 $11,976,913 5,151,483 5,147,722 2,273,963 2,109,638 1,853,891 2,334,260 $9,279,337 $9,591,620 *The County is utilizing a new financial organizational structure effective July 1 and no prior year data is available for the new division level. 148
9 STATE CONTROLLER SCHEDULES BUTTE COUNTY COUNTY BUDGET ACT FINANCING SOURCES AND USES BY BUDGET UNIT BY OBJECT January 2010, revision #1 GOVERNMENTAL FUNDS FISCAL YEAR SCHEDULE 9 BUDGET UNIT FUNCTION ACTIVITY FUND DISTRICT ATTORNEY CRIMINAL PUBLIC PROTECTION JUDICIAL 0010 GENERAL FUND Detail by Revenue Category Adopted by the and Expenditure Object Board of REVENUES 420 LICENSE,PERMTS & FRANCHS 60,658 76,111 d 430 FINES,FORFEITURES & PNTLY 99,648 75,000 d 450 INTERGOVERNMNMTL REVENUES 429, ,308 d 460 CHARGES FOR SERVICES 304, ,382 d 470 MISCELLANEOUS REVENUE 133,237 59,193 d 480 OTHER FINANCING SOURCES 269,321 59,637 d TOTAL REVENUES $1,297,352 $1,146,631 b EXPENDITURES/APPROPRIATIONS 510 SALARIES & EMPLOYEE BENE 7,910,880 8,319,267 d 520 SERVICES & SUPPLIES 935, ,953 d 550 OTHER CHARGES 87, ,221 d 570 OTHER FINANCING USES 426, ,152 S $9,359,868 $9,626,593 b NET COSTS / USE OF FUND BALANCE $8,062,516 $8,479,
10 STATE CONTROLLER SCHEDULES BUTTE COUNTY COUNTY BUDGET ACT FINANCING SOURCES AND USES BY BUDGET UNIT BY OBJECT January 2010, revision #1 GOVERNMENTAL FUNDS FISCAL YEAR SCHEDULE 9 BUDGET UNIT FUNCTION ACTIVITY FUND DISTRICT ATTORNEYCHILD ABDUCTION PUBLIC PROTECTION JUDICIAL 0010 GENERAL FUND Detail by Revenue Category Adopted by the and Expenditure Object Board of REVENUES 450 INTERGOVERNMNMTL REVENUES 217,895 d 470 MISCELLANEOUS REVENUE 39 d TOTAL REVENUES $217,934 b EXPENDITURES/APPROPRIATIONS 510 SALARIES & EMPLOYEE BENE 153, ,299 d 520 SERVICES & SUPPLIES 4,557 4,445 d 570 OTHER FINANCING USES 47,647 50,807 S $205,330 $224,551 b NET COSTS / USE OF FUND BALANCE ($12,604) $224,
11 STATE CONTROLLER SCHEDULES BUTTE COUNTY COUNTY BUDGET ACT FINANCING SOURCES AND USES BY BUDGET UNIT BY OBJECT January 2010, revision #1 GOVERNMENTAL FUNDS FISCAL YEAR SCHEDULE 9 BUDGET UNIT FUNCTION ACTIVITY FUND DISTRICT ATTORNEYWELFARE FRAUD PUBLIC PROTECTION JUDICIAL 0010 GENERAL FUND Detail by Revenue Category Adopted by the and Expenditure Object Board of REVENUES 460 CHARGES FOR SERVICES 693, ,000 d 470 MISCELLANEOUS REVENUE 78 d TOTAL REVENUES $693,930 $700,000 b EXPENDITURES/APPROPRIATIONS 510 SALARIES & EMPLOYEE BENE 528, ,843 d 520 SERVICES & SUPPLIES 15,276 21,106 d 570 OTHER FINANCING USES 150, ,707 S $693,918 $701,656 b NET COSTS / USE OF FUND BALANCE ($12) $1,
12 STATE CONTROLLER SCHEDULES BUTTE COUNTY COUNTY BUDGET ACT FINANCING SOURCES AND USES BY BUDGET UNIT BY OBJECT January 2010, revision #1 GOVERNMENTAL FUNDS FISCAL YEAR SCHEDULE 9 BUDGET UNIT FUNCTION ACTIVITY FUND DISTRICT ATTORNEYVICTIM WITNESS PUBLIC PROTECTION JUDICIAL 0010 GENERAL FUND Detail by Revenue Category Adopted by the and Expenditure Object Board of REVENUES 450 INTERGOVERNMNMTL REVENUES 180, ,474 d 470 MISCELLANEOUS REVENUE ,138 d TOTAL REVENUES $181,422 $467,612 b EXPENDITURES/APPROPRIATIONS 510 SALARIES & EMPLOYEE BENE 179, ,649 d 520 SERVICES & SUPPLIES 2,496 90,488 d 570 OTHER FINANCING USES 21, ,205 S $204,093 $815,342 b NET COSTS / USE OF FUND BALANCE $22,671 $347,
13 STATE CONTROLLER SCHEDULES BUTTE COUNTY COUNTY BUDGET ACT FINANCING SOURCES AND USES BY BUDGET UNIT BY OBJECT January 2010, revision #1 GOVERNMENTAL FUNDS FISCAL YEAR SCHEDULE 9 BUDGET UNIT FUNCTION ACTIVITY FUND DISTRICT ATTORNEYBOARD OF CONTROL PUBLIC PROTECTION JUDICIAL 0010 GENERAL FUND Detail by Revenue Category Adopted by the and Expenditure Object Board of REVENUES 450 INTERGOVERNMNMTL REVENUES 206,970 d 470 MISCELLANEOUS REVENUE 5,067 d TOTAL REVENUES $212,037 b EXPENDITURES/APPROPRIATIONS 510 SALARIES & EMPLOYEE BENE 103,967 d 520 SERVICES & SUPPLIES 86,897 d 570 OTHER FINANCING USES 27,212 S $218,076 b NET COSTS / USE OF FUND BALANCE $6,
14 STATE CONTROLLER SCHEDULES BUTTE COUNTY COUNTY BUDGET ACT FINANCING SOURCES AND USES BY BUDGET UNIT BY OBJECT January 2010, revision #1 GOVERNMENTAL FUNDS FISCAL YEAR SCHEDULE 9 BUDGET UNIT FUNCTION ACTIVITY FUND DISTRICT ATTORNEYSTATE COPS PUBLIC PROTECTION JUDICIAL 0010 GENERAL FUND Detail by Revenue Category Adopted by the and Expenditure Object Board of REVENUES 480 OTHER FINANCING SOURCES 68,240 64,398 d TOTAL REVENUES $68,240 $64,398 b EXPENDITURES/APPROPRIATIONS 520 SERVICES & SUPPLIES 90,456 63,809 d 570 OTHER FINANCING USES 1, S $91,812 $64,400 b NET COSTS / USE OF FUND BALANCE $23,572 $2 154
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