20 i NOV 20 j9 :39. RRflE\,fFfl. Rebecca A. Vogt Second Deputy. Justin F. Kollar Prosecuting Attorney

Transcription

1 Justin F. Kollar Prosecuting Attorney Kevin K. Takata First Deputy Rebecca A. Vogt Second Deputy Diana Gausepohi-White VictimlWitness Program Director OFFICE OF THE PROSECUTING ATTORNEY County of Kaua i, State of Hawai i 3990 Ka ana Street, Suite 210, Lihu e, Hawai i FAX VictimlWitness Program or RRflE\,fFfl November 18, NOV 20 j9 :39 Honorable Jay Furfaro, Council Chair and members of the County Council County of Kauai 4396 Rice Street Lihue, HI Re: Federal FY 2013 STOP Violence Against Women Formula Grant Dear Chair Furfaro and County Council Members: I respectfully request County Council approval to apply, receive and expend federal funds for the Domestic Violence Prosecution Unit in the amount of $47,695.00, and approval to indemnify the State of Hawai i, Department of the Attorney General. Grant funds will be utilized to continue the program for the term commencing March 1, 2015 to January 15, Funding received will be expended on salaries/wages and supplies for the Domestic Violence Prosecution Unit. Program information and a budget are attached. Thank you for your time and consideration in this matter. Please do not hesitate to contact me should you have any questions. Sincerely, Prosecuting Attorney Enclosure /jc 20 i-20 An Equal Opportunity Employer

2 CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 235 South Beretania Street, Suite 401, Honolulu, Hawaii APPLICATION FOR FY 2013 VAWA S.T.O.P. VIOLENCE AGAINST WOMEN GRANT PART I. TITLE PAGE A. PROJECT TITLE: B. APPLICANT AGENCY: Domestic Violence Prosecution Unit County of Kaua i, Office of the Prosecuting Attorney C. ADDRESS: 3990 Ka ana St., Suite 210 City Lihue Zip D. SYSTEM FOR AWARD MANAGEMENT (SAM): DUNSNo ElYes No PRIMARY PLACE OF E. PERFORMANCE: F. PROJECT PERIOD: City Lihue State HI Zip + 4 digits From March L 2015 To January 15, 2016 G. VAWA PROGRAM PURPOSE(S): H. FUNDING PRIORITY AREA(S): I. TOTAL PROJECT COSTS: 1L12L13 4E1 5fl6E7 SE 9E be lie 12E13E14E i 2E 3d 4E 5E 6E 7L1 8E SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75% $47, Agency Match 25% $15, TOTAL 100% $63, J. PROJECT DIRECTOR Name: Justin F. Kollar Title: Prosecuting Attorney Address: 3990 Ka ana Street, Suite 210, Lihue HI Telephone: jkollar@kauai.gov Fax: K. FINANCIAL OFFICER Name: Jamie D. Chong Title: Grant Coordinator Address: 3990 Ka ana Street, Suite 210, Lihue HI Telephone: jchong@kauai.gov Fax: FOR CPJAD USE Date received: Project Number: EXHIBITA C 2D-2O AG/CPJAD #1 VAWA Application for LE and Pros (Rev 7/2014)

3 APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT PART II. DESCRIPTION OF PROJECT Note: This form does not provide spell check. A. THE PROBLEM Domestic Violence remains a complex and challenging problem - occurring among all ages, genders, races, educational backgrounds and socioeconomic groups. Historically, females have been most often victimized by someone they knew. With a recorded estimated population of 69,512 in 2013, the County of Kaua i is a small close knit community. The greatest driving distance between any two population centers on the island is just 57 miles in driving distance - from the west side town of Waimea to the north side of Hanalei - making abuse of a family member a difficult situation for community members of Kaua i. Since 1997, OPA has been a recipient of VAWA funds. VAWA funds are used to support one 0.40 Full Time Equivalent Deputy Prosecutor with the rest of the Prosecutor& salary being covered by the County of Kaua i. Statistics collected from January 1, 2013 to December 31, 2013 from the County of Kaua i, Office of the Prosecuting Attorney (OPA), indicate that there were 456 reports received from the Kaua i Police Department (KPD) for Abuse of Family and Household Members (AFHM) (H.R.S ). During January 1, 2012 to December 31, 2012 there were 405 incidents received from the Kaua i Police Department (KPD). A slight increase in reports is a high concern for our office and the Kaua i community. The OPA has been working on Domestic Abuse Protective Orders. During the period of January 1, 2012 to December 31, 2012 there were a total of 44 reports filed for Domestic Abuse Protective Orders, in comparison to 103 reports that were filed during the January 1, 2011 to December 31, Hawai i Revised Statutes (1), (1), (1) and (1) was amended to provide greater protection to victims of domestic violence who the court is already attempting to keep safe through protective orders. With the recent increase in violations the OPA, is continually seeking ways to help victims who suffer from abuse, and who are also seeking ways to feel protected from their abusers. The OPA has been taking an active role and is having those that are charged with violating a protection order to plea as charged. The primary concern of OPA is for the safety of Kaua i s citizens. Until an abuser is held accountable for his/her actions, Kaua i s families remain at risk of repeated incidents of domestic violence. This results in the widespread consequences which not only affect the abused victim, but also the children, other family members and community members who witness and live amidst the abuse. The County of Kaua i, Office of the Prosecuting Attorney is committed to continue aggressively prosecuting those who engage in the criminal activity of domestic violence and violating protective orders. To continue this commitment, the County of Kaua i Office of the Prosecuting Attorney established a Domestic Violence Prosecution Unit (DVPU) on May 1, The core AG/CPJAD #1(a) (Rev 3/23/2010) 2LI E 20

4 principals of the unit have been to provide vertical prosecution, expedite screening and processing of cases, and achieve successful conviction rates. Since the DVPU has been able to successfully close 538 cases utilizing vertical prosecution; 93% or 598 out of 1,035 police reports were screened within 30 days. In FY l 1, 103 cases were closed with 8 cases pleading guilty, 42 cases pleading no contest, 51 cases pleading to lesser degrees, and 2 cases acquitted by jury trial. The OPA continues to be successful and is able to accomplish its three objectives, vertically prosecuting 100% of the cases received and charged, screening and charging cases within 30 days of receipt, and obtaining a high conviction rate. Without funds from STOP Violence Against Women Act, the DVPU would only be able to function at a 0.65 Full Time Equivalent Deputy which would then cause a back log of cases and result in a significant disadvantage to many victims, familes and the community as a whole. B. GOALS AND OBJECTIVES To improve public safety on the County of Kaua i through efficient and effective prosecution of those who commit crimes of domestic violence including the violation of restraining orders/protection orders. Goal: To improve public safety on the County of Kaua i through efficient and effective prosecution of crimes involving domestic violence, including violations of protection orders. Objective 1: To vertically prosecute 95% of all domestic violence cases received by the OPA during the project period. Objective 2: To screen and charge (or decline) 95% of all police reports involving domestic violence, including violations of protective orders, within 30 days of receipt by the OPA. Objective 3: To attend a training/conference focused on domestic violence and abuse cases. Objective 4: To achieve 75% successful conviction rate of all domestic violence cases, including violations of protective orders. C. PROJECT ACTIVITIES 1) Continue the operation of the DVPU by retaining the SPA at 0.65 FTE. 2) Process 95% (e.g., 333 out of 350) of all domestic violence cases, including protective order violations, received from the KPD. The assigned Legal Clerk to the DVPU will input the dates that files are received from KPD and will record in the OPA s casemanagment system Justware the Deputy that is assigned to the case. 3) Screen and charge 95% (e.g., 333 out of 350) of all domestic violence cases, including protective order violations, within 30 days of receipt. The assigned Legal Clerk to the DVPU will track all cases received from KPD and will record the date as to when the case is received and when the case has been screened. AG/CPJAD #1(a) (Rev 3/23/20 10) 23f-2O

5 4) During the grant period, the Special Prosecuting Attorney assigned to Domestic Violence Cases will attend a training or conference focusing on Domestic Violence. 5) The SPA will prosecute and obtain a 75% conviction rate of all domestic violence cases, including protective order violations.the assgined Legal Clerk will to the DVPU will update all DV and TRO cases and will record the disposition of each case once the cases are closed. 6) The SPA will establish early and continuous contact with victims and wtinesses of domestic violence crimes and work closely with Victim Witness Counselors. D. PROJECT ORGANIZATION AND MANAGEMENT The Office of the Prosecuting Attorney is the primary agency responsible for prosecuting criminal violations of state laws and county ordinances that occur within the county of Kaua i. The office consists of forty-one persons including fourteen attorneys, one victim witness director, three victim/witness counselors, one program support technician, one program assistant, three special investigators, eight legal clerks, five law office assistants, one grant coordinator, one administrative officer, one process server, one secretary, and one receptionist. The office is organized in specified prosecution units. Designated attorney(s) handle district court matters (traffic, petty misdemeanor, and misdemeanor), family court matters (including juvenile, domestic violence) and circuit court matters (felony cases). The office also receives and administers state and federal grants for victimlwitness services, domestic violence and sexual assault prosecution, career criminal prosecution and juvenile court. The Prosecuting Attorney of the County of Kaua i will manage this project. This special unit will function under the direct control of the Prosecuting Attorney. The Prosecuting Attorney will consult with the unit s SPA on a weekly basis or more often as needed, and will be informed of all scheduled meetings and community briefings. The Prosecuting Attorney will review unit statistics with the unit s SPA on a quarterly basis. E. PERSONNEL The DVPU will be staffed with a 0.65 FTE SPA, and will spend approximately 65% of her time working on Domestic Violence Cases, and 35% of her time on cases assigned to her by the Prosecuting Attorney. The SPA, Ms. Ginger Grinpas will be responsible for vertically prosecuting domestic violence cases. This includes screening, charging, representing the State in Court, and meeting with the victims and/or witnesses. Ms. Grinpas will perform her duties efficiently, and will work in close partnership with the unit s Legal Clerk III, and the unit s Victim Witness Counselor. The Legal Clerk III will be responsible for maintaining the case file from the receipt of the police report, to screening, and through the closing of a criminal case. The Victim Witness Counselor will make contact with all victims and witnesses and inform them of any upcoming court events F. BRIEF PERSONNEL BIOGRAPHIES Ms. Ginger Grinpas joined the OPA as a Deputy Prosecuting Attorney on December 4, Prior to the Domestic Violence Prosecution Unit, Ms. Grinpas worked on Juvenile and District Court cases. (See Attachment A) AG/CPJAD #1(a) (Rev 3/23/2010) [2O-zO

6 G. PARTICIPATING AGENCIES The Domestic Violence Prosecution Unit has been able to operate efficiently and effectively due to the cooperative team effort established between the unit, OPA s Victim Witness Counselors, and the Kaua i Police Department. The unit also works closely with other community agencies such as the Judiciary, Office of the Public Defender, YWCA, Child Protective Services, Wilcox Memorial Hospital, and the Department of Education as needed. H. PERFORMANCE INDICATORS/OUTCOME MEASURES 1) Number of domestic violence cases/protective order violations received from KPD. 2) Number/percentage of domestic violence cases/protective order violations screened and charged (or declined) within 30 days of receipt. 3) Number of domestic violence cases/protective order violations that are vertically prosecuted. 4) Name of training/conference that is attended by the Special Prosecuting Attorney assigned to the Domestic Violence Prosecution Unit. 5) Number/percentage of domestic violence cases/protective order violations resulting in conviction. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM 1) Vertical prosecution permits a continuity of contact between the same Special Prosecuting Attorney, VictimlWitness Counselor, Victims and witnesses throughout the various stages of prosecution, which creates a good working relationship, and greatly enhances the chances of successful prosecution in the criminal justice system. 2) A specialized unit provides the basis for focused and expedited preparation and prosecution of domestic violence crimes by unit staff being able to identify, track, and revoke probationer s permits promoting swift action against repeat offenders. 3) Expediency in identifying, prosecuting and sentencing those who commit crimes of domestic violence. Provides reassurances to the community that the criminal justice system is working towards their security and protection. 4) The court system will also benefit by swift prosecution of criminal cases handled by an experienced well-trained Special Prosecuting Attorney. AG/CHAD #1(a) (Rev 3/23/2010) C O

7 BUDGET DETAIL: DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD APPLICATION FOR GRANT PART III. BUDGET DETAIL AND EXPLANATION COST ELEMENT AMOUNT A. Salaries and Wages Position Title Positions Monthly rate Subtotal Special Pros. Atty. 1 $2167 $43333 $ Position Title Positions Hourly Rate Hours Subtotal Total Salaries and Wages $43333 B. Fringe Benefits Employee Position Title Positions Monthly Rate Subtotal Spec.Pros.Atty. 1 $2167 $15898 $ S Position Title Positions Hourly Rate Hours Subtotal Total Fringe Benefits $15898 C. Consultants/Contracts Length of Consultant! Estimated Contract Scope of Consultant/Contract Cost Service Select as Appropriate $ [1 Consultant [1 Contract $ LI Consultant LI Contract $ LI Consultant LI Contract $ LI Consultant LI Contract $ LI Consultant LI Contract Total Consultants/Contracts $ AG/CPJAD #1(b) (Rev 12/16/2010) 2..cD

8 COST ELEMENT AMOUNT D. Transportation and Subsistence Itemize for mainland/interisland Travelers No. airfare, ground transportation, as of rental car, per diem Unit Cost applicable Days Subtotal Airfare-Out of State $ $1200 Per Diem $ $870 Lodging $ $875 Registration $ $600 Transportation $ $150 Total Transportation and Subsistence $3695 E. Office Supplies Itemize supplies and related costs such as printing, paper, binders, etc. Quantity Cost by Unit Subtotal Paper, pens, file folders 667 Total Office Supplies $667 F. Equipment Specify equipment that will be purchased, leased, or rented. Quantity Cost by Unit Subtotal Total Equipment $ AG/CPJAD #1(b) (Rev 12/16/2010) C. 2OI-

9 COST ELEMENT AMOUNT G. Other Costs Quantity Cost by Unit Subtotal Total Other Costs $ TOTAL PROJECT COSTS $63593 AG/CPJAD #1(b) (Rev 12/16/2010)

10 BUDGET EXPLANATION: A. Salaries and Wages Salary amount of $80,000/yr for a 0.65 FTE Special Prosecuting Attorney is budgeted for the time period of March 1, 2015 to December 31, B. Fringe Benefits The composite fringe benefit rate is at 36.69% for the Special Prosecuting Attorney (list positions). The rate consists of the following fringe benefit items and computed rates: Employee Retirement System % FICA (Social Security) % Unemployment Fund % Workers Compensation % Health Fund % C. Consultants/Contracts Not applicable D. Transportation and Subsistence Funds will be used to send a Deputy Prosecuting Attorney to training or conference focused on Domestic Violence Abuse. Round trip Airfare (including baggage costs) - Per Diem - $145/day x 6 days = $870 Lodging - $175/night x 5 nights = $875 Registration - $600 Transportation -$150 $1, TOTAL: $3,695 E. Office Supplies Office supplies such as paper, toner, files, folders, pens, paper clips, etc. will be purchased. F. Equipment Not applicable G. Other Costs Not applicable AG/CPJAD #1(b) (Rev 12/16/2010) C 2DlS2D