To do Justice, as no one is above the Law nor beneath its protection.

Transcription

1 Michael L. Ramsey, District Attorney 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. As a state officer, the District Attorney acts by the authority of and in the name of the People of the State of California. The District Attorney receives adult and juvenile crime reports from more than twenty law enforcement and regulatory agencies, determines whether to file criminal complaints in the court and prosecutes cases on a vertical prosecution model, i.e., 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 experience, skills and grants. The specialty areas are listed with examples of crimes: (child abuse, elder abuse and sexual assault); Domestic Violence Unit (domestic violence, elder domestic violence and stalking); Child Abduction Unit (recovery of abducted children); Misdemeanor Crimes Unit (driving under the influence, petty theft, disturbances, misdemeanor assault, vandalism); Gang Unit; Narcotics Unit; Drug Endangered Children Unit (rescuing children from homes with drugs, especially methamphetamine); Major Crimes Unit (homicides, kidnapping, felony assault/weapons, stolen vehicles); Juvenile Crimes Unit; Economic and Computer Crimes Unit (property crimes, insurance fraud, identity theft, consumer fraud, embezzlement); Welfare Fraud and In Home Supportive Services Fraud Investigations Unit; Environmental and Consumer Protection Unit (civil and criminal prosecutions of environmental/public health and safety and consumer crimes); Collaborative/Problem Solving Courts Unit (Drug Courts and Domestic Violence Court). The key issues for the District Attorney s Office this year include: AB 109 Public Safety Realignment implementation; the investigation and prosecution of crimes involving gangs, computer crimes, and marijuana; and loss of funding for the IHSS Fraud Unit. AB 109 Mandates the transfer of low-level offender population to the County jail rather than State prison, creates a local revocation process, and establishes newly defined post-release community supervision process. Gangs - Information provided by the Sheriff indicates there are at least 25 gangs with more than 1,000 members and associates known to exist in Butte County and at least another 15 that frequent the County. In a recent report on gangs statewide, Butte County s gang membership is increasing significantly while membership in urban areas has been decreasing. Gang crime has become increasingly violent, graduating from sticks and knives to high-powered firearms. It has also been established that local gangs have become much more proactive in relation to local illegal drug distribution. Computer Crimes - Computer crime covers a range of crime including identity theft, internet scams, underage pornography, internet bullying, and etc. The most vulnerable in our communities are often the victims of these crimes. According to an FBI Internet Crime Report, California is the state with the largest number of cyber-crime victims, with 14% of the nation s 139

2 Michael L. Ramsey, District Attorney District Attorney Department Summary victims. By combining manpower within the community agencies, cybercrime can be combated more effectively. The cases are getting larger; households can have multiple computers. Many criminal cases now involve technology, and require we have cutting-edge technology and training for examiners to successfully extract evidence. Marijuana - The explosion of marijuana cases, particularly large commercial operations masquerading as medicinal marijuana grows to service storefront retail marijuana shops, has taken more resources to prosecute. As just one recent example, an operation in the Bangor area was uncovered that was providing some 1,200 pounds of processed marijuana to dispensaries in Sacramento and locations in Texas. Nearly $500,000 in cash was seized from this one operation alone to be used for one load scheduled to be shipped out of state. The huge amount of money involved in this marijuana trade has caused not only social but also environmental damage to our county. IHSS Fraud On December 13, 2011 the $10,000,000 budgeted for In Home Supportive Services (IHSS) investigations in the State of California was subject to the trigger cuts. These cuts mean that approximately $180,000 from the State will not be available to fund an IHSS investigator and an IHSS investigative assistant in Butte County. Department Budget DISTRICT ATTORNEY Actuals Adopted Requested Recommended Fines, Forfeits, Penalties 126,162 79, , ,966 State Revenues 1,217, , , ,984 Federal Revenues 98, , , ,435 Other Governmental Revenues 189, , Charges For Services 972,748 1,249,296 1,055,500 1,055,500 Miscellaneous Revenues 29,236 37, , ,235 Other Financing Sources , ,229 Total Revenues $ 2,633,679 $ 2,199,742 $ 2,657,349 $ 2,657,349 Salaries and Employee Benefits 8,689,714 8,988,296 9,414,251 9,176,229 Services and Supplies 885, , , ,515 Other Charges 137,519 55,802 82,820 82,820 Capital Assets 14,395 29, ,173 47,950 Total Direct Expenditures $ 9,727,134 $ 9,876,716 $ 10,576,700 $ 10,182,514 Other Financing Uses 474, , , ,709 Total Expenditures $ 10,201,598 $ 10,151,084 $ 10,972,637 $ 10,588,223 Net Costs/Use of Fund Balance $ 7,567,919 $ 7,951,342 $ 8,315,288 $ 7,930, /13 Recommended Use of GPR $ 7,917, /13 Recommended Use of Restricted Fund Balance $ 13,

3 Michael L. Ramsey, District Attorney District Attorney Department Summary 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 non-general Fund departments such as welfare fraud investigations, child support investigations, bad check program fees and the Cyber Crime Forensic Unit. State revenues include Workers Compensation and auto insurance fraud, vehicle theft crime programs, and DUI prosecution. Federal revenues are comprised of federal asset forfeiture and COPS funds. Other Financing Sources 1% Miscellaneous Revenues 3% Recommended Source of Funds (Revenues) $10,588,223 Other governmental revenues include funds for environmental prosecution and participation in the Butte Interagency Narcotics Task Force. Fines, forfeitures and penalties include real estate fraud prosecution fees and alcohol and drug lab fees, which would be more descriptively categorized as charges for services. GPR 75% Charges for Services 10% Federal Revenues 2% Rest. Fund Balance <1% Fines, Forfeits, Penalties 2% State Revenues 7% 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. Other financing uses include costs for support services, which include Administration, Auditor, County Counsel, General Services, Human Resources, Information Systems, and Treasurer. Capital assets include vehicle purchases. Salaries and Employee Benefits 87% Recommended Use of Funds (Expenditures) $10,588,223 Services and Supplies 8% Other Charges 1% Capital Assets <1% Other Financing Uses 4% 141

4 Michael L. Ramsey, District Attorney District Attorney Department Summary Summary of Budget Request and Recommendations Salaries & Employee Benefits Requested The department budget request includes funding to continue the IHSS Fraud Unit. Due to the loss of State funding, an Investigator II/I and an Investigative Assistant would be eliminated without additional funding. The department budget request includes the addition of an IS Analyst, Associate for the Cyber Crimes Forensic Unit. Recommended The recommendation includes the deletion of an Investigator II/I and an Investigative Assistant due to the loss of State funding for IHSS fraud programs. The recommendation does not include the addition of an IS Analyst, Associate. Services & Supplies Requested The department request includes funding to support IHSS Fraud Unit costs. The department budget request includes increased funding for expert witnesses. Recommended The recommendation includes funding to maintain current service levels, less IHSS Fraud Unit support. Capital Assets Requested The department budget request includes the establishment of a vehicle replacement program as well as the funds to replace four vehicles that are in excess of 100,000 in mileage. The department budget request includes the purchase of a Cellbrite Cell Phone Unit for the Cyber Crime Forensic Unit as well as related high-technology equipment. Recommended The recommendation includes the addition of two vehicles. Full Time Equivalent (FTE) Positions Adopted Position Allocation Adopted Position Allocation Adopted Position Allocation Adopted Position Allocation Current Position Allocation* Recommended Position Allocation *As of 4/10/12 The recommendation includes the establishment of a vehicle replacement program, which creates a mechanism to fund and replace vehicles over time. 142

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