Budget Presentation FY Office of the District Attorney Nancy E. O Malley District Attorney

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Budget Presentation 2014-15 FY Office of the District Attorney Nancy E. O Malley District Attorney

The Mission of the District Attorney s Office To ensure, protect and promote public safety in Alameda County with the highest standards of excellence, professionalism and ethical integrity. The District Attorney s Office shall: Review and prosecute criminal cases in both the adult and juvenile justice systems; Protect consumers, workers, and the environment, including enforcement through civil and criminal actions; Preserve and protect public integrity; Uphold the rights of victims of crime; and Support and protect victims of and witnesses to crime.

DISTRICT ATTORNEY (Includes District Attorney*, Family Justice Center, Grand Jury and Public Assistance Fraud) Financial Summary 2014-15 FY Department/Agency 2013 14 Budget Maintenance Of Effort Change from 2013-14 Budget Amount Percentage Appropriations $ 61,297,563 $ 65,628,056 $ 4,330,493 7.06% Revenue $ 9,733,612 $ 10,458,651 $ 725,039 7.45% Net $ 51,563,951 $ 55,169,405 $ 3,605,454 6.99% FTE - Mgmt 239.42 242.66 3.25 1.35% FTE - Non Mgmt 82.88 82.39 (0.50) -0.60% Total FTE 322.30 325.05 2.75 0.85% * Includes DA Grants

DISTRICT ATTORNEY Major Components of Net County Cost Change (in millions) Component NCC Change Increased Revenue $ -0.97 Salary and Benefits Adjustment $ 4.00 Increased Discretionary Services and Supplies (grant funds) $ 0.05 Loss of One-Time Revenue $ 0.24 IFT Adjustment $ -0.04 ISF Adjustment $ 0.32 TOTAL $ 3.60

Appropriation by Department District Attorney $56.67M, 86.35% Public Assistance Fraud $0.72M, 1.09% Realignment $1.25M, 1.90% Grand Jury $0.46M, 0.71% District Attorney Grants $5.39M, 8.21% Family Justice Center $1.14M, 1.74%

Total Appropriation by Major Object Salaries & Benefits $61.44M, 89.65% Services & Supplies $7.09M, 10.35% Intra Fund Transfers: -$2.90M

Total Revenue by Source Fines, Forfeits & Penalties $0.30M, 2.90% State Aid $5.88M, 56.20% Other Revenue $2.11M, 20.17% License Fees $0.92M, 8.78% Charges for Services $0.02M,.19% Federal Aid $1.09M, 10.46% Use of Money & Property $0.14M, 1.30%

Human Impacts of Funding Reductions Jeopardizes Public Safety at a critical time when violent crime is on the rise Impacts Ability to Provide Victim Services Impacts Innovative and Effective Programs: Youth Engagement and Empowerment Elder Outreach H.E.A.T. Watch Rape Kit Backlog Elimination

Office Locations Wiley Manuel Courthouse Family Justice Center CEPD PAF Rene C. Davidson Gale Schenone Courthouse Juvenile Justice Center Hayward Hall of Justice Fremont Hall of Justice

Staffing 325 Permanent FTE 1% increase from last year (322 FTE). - New hires for: Realignment Victim Services H.E.A.T. Watch/SafetyNet Statistical Coordinator and Forensic Accountant for Real Estate Fraud

Staffing Additional Staffing Transitional Employment: Project/Grant Funded Law Clerk / Clinic Programs Pipeline to Law Program (College/HS youth) Summer Youth Employment D.A. Justice Academy Earl Warren Fellowships

The District Attorney s Office There are 152 Attorneys Criminal Prosecution 115 Consumer/Environmental/Worker Protection/Fraud 20 Juvenile 9 Public Assistance Fraud 2 Grand Jury 1 Victim Services (CALICO/ACFJC) 2 Administration 3 152

The District Attorney s Office Allocation of Attorney Resources 55 Attorneys are assigned to criminal prosecution in North County, with Oakland being the largest % of cases 1 Attorney is assigned to CID in Oakland Police Dept. 2 Attorneys are assigned to OPD Strike Team

The District Attorney s Office There are 62 Inspectors All are sworn peace officers 30 Inspectors are assigned to North County criminal cases 25 Inspectors are assigned to Consumer Protection, Environmental Protection, Insurance Fraud, Real Estate/Mortgage Fraud, Medical/Prescription Fraud, Public Integrity & Assistance Fraud 7 Inspectors are assigned to South County/East County criminal cases and Juvenile Division.

The District Attorney s Office There are 160 Administrative Staff Including Video Training, Forensic Computer and Forensic Video Teams Including H.E.A.T. Watch Staff and the various initiatives Including Victim-Witness Assistance Consultants Including Victims of Crime Claims Center Including Forensic Accountants-Auditors

By the Numbers Criminal Cases 2013 Police Reports Reviewed for Charging: 40,779 2% Defendants Charged: Felonies: 10,062 17% Misdemeanors: 20,166 3% Probation Violations: Felonies: 3,918 21% Misdemeanors: 6,949 2% Felonies Charged in Oakland Wiley Manual Courthouse Increased 21% from 2012.

Cases Charged by Category Cases Charged Murder 98 3% Attempted Murder 66 6% Robbery 664 18% Gang Cases 129 14% Cases Involving Firearms 1,473 45%

Felony Trials 74 Felony Cases Tried Involving 81 Defendants # Convicted of Felonies: 72 (89%) 36 Trials (48% of total) were Homicide cases (PC 187) 33 of those resulted in convictions (92%)

Outcomes of PC 187 Cases Originating In Oakland 24 Oakland PC 187 cases tried to jury All 24 Defendants found guilty of MURDER by jury (100% conviction rate) 21 other Oakland murder cases resolved by defendant s entry of guilty plea without a trial.

1,688 JUVENILE Cases Presented 8 PC 187 cases charged (7 pending) 2 PC 187/664 cases charged (1 placement; 1 pending) 119 PC 211 presented; 96 charged (15 with gun enhancements)

Realignment # Cases filed that were Sect. 1170h eligible: 3,810 17% # Parole/PRCS Violations filed by D.A.: 338 48% # Defendants not 1170h eligible at charging but made eligible at sentencing by D.A.: 1,337 # Realignment Defendants charged with felonies offered by D.A. and did plead to misdemeanors: 1,746 # D.A. Appearances in Parole / PRCS court: 1,150 (7/1/2013 to 12/31/13)

Civil Division Environmental Protection Consumer Fraud Prevailing Wage Theft Worker Exploitation / Labor Trafficking Real Estate and Mortgage Fraud Health Care Fraud Prescription Drug Abuse Public Assistance Fraud Insurance Fraud Financial and Annuity Fraud against Elders

Civil Division 2013 388 New Investigations Opened 67 Criminal Cases Filed 13 Civil Lawsuits Filed 222 Witness Interviews Conducted 61 Arrest Warrants Obtained 101 Search Warrants Executed All investigations done by D.A. Attorneys and Inspectors working with federal, state and local agencies. All prosecutions and civil lawsuits handled by D.A. Attorneys.

Civil Division - Restitution $5,535,903 Civil Restitution ordered $3,250,854 civil restitution collected and returned to Victims * * * 2013 Total Criminal and Civil Restitution orders: $18,624,495

Asset Forfeiture The District Attorney initiates and prosecutes Asset Forfeiture claims on behalf of 28 Law Enforcement Agencies operating in Alameda County. * * * # Forfeiture Actions Initiated in 2013: 222 21% Total Dollar Amount Processed: $1,403,324.87

SAFE Task Force The District Attorney also supervises the SAFE Task force, which monitors persons residing in Alameda County who are required to register as Sex Offenders # Compliance Checks Conducted: 668 30% # Parole/Probation Searches: 300 55% # Investigations Opened: 370 * # Arrests Made: 182 * * Indicates less than 1% change from 2012

By the Numbers Victim Services 2013 # Victims Served: 13,329 54% # Victim Services Provided: 60,533 10% # Victims of Crime Fund (VOC) Applications Processed: 3,529 * # Restitution Orders Obtained: 1,036 2% Amount of Restitution Ordered: $13,088,593 5% * Indicates less than 1% change from 2012

Innovative Programs D.A. Corrective Intervention Program D.A. Justice Academy - Received both NACo and CSAC awards in 2013 D.A. Speakers Bureau Operation Cease Fire Gun Buyback Program H.E.L.P. (Homeowner Education Loan Protection Program)

Innovative Programs Courts Elder Abuse Protection Court Project Clean Slate / PC 1203.4 Conviction Expungement Restitution Court Truancy Court Veterans Treatment Court

Innovative Programs - Juvenile Girls Court Collaborative Mental Health Court DMC (Disproportionate Minority Contact) LGBT Awareness Project Restorative Justice Program (partner) STRIVE (formerly Adolescent Sexual Offender Treatment Program) Truancy / Attendance Program

Camp Hope/Camp Can Innovative Programs Family Justice Center Domestic Violence awareness for LGBT community DVRR (Domestic Violence Reporting and Referral) Elder Protection DVD / Awareness Project Homework Helpers KidZone Love to Read P.U.L.S.E. (Pop-Up Library Services for Everyone) STEP UP (Survivor Training Empowerment Program Utilizing your Potential)

Two Initiatives Human Exploitation and Trafficking (H.E.A.T.) Watch Eliminate The Backlog (Rape Kit Backlog) 32

H.E.A.T. Watch 33

H.E.A.T. Watch 34

Coordinating CSEC Services and Stabilization

Coordinating CSEC Services and Stabilization Safety Net a weekly MDT meeting to review cases of at-risk and involved CSEC. Stabilization and support services are offered. Young Women s Saturday Program 12 week training for at-risk and involved CSEC. Girls Court gender specific courtroom. Data Analysis - Alameda County D.A. is one of a very few who are doing research and data collection on who these victims are and what can be done.

Prosecuting Traffickers

Prosecuting Traffickers

Community Outreach & Education Toolkit (toolkit.heat-watch.org) ProtectOaklandKids.org Billboard Campaign, partnership w/clear Channel, MISSSEY, community (ProtectOaklandKids.org)

Protect Oakland Kids Billboard (Community) Campaign

Protect Oakland Kids Billboard (Victim) Campaign

H.E.A.T. Watch Toolkit Website

Community Outreach & Education Youth Action Network Audrey graphic novel series for local schools, school toolkit H.E.A.T. Watch Radio (Subscribe on itunes and Podbean!)

Audrey Graphic Novel Series

H.E.A.T. Watch Radio Click here to play Episode 1 (27 min): How Child Sex Trafficking Impacts the Community (Subscribe on itunes/podbean)

Community Outreach & Education SB 1193 campaign Notice to businesses Cross Bay Community Day of Action - April 5 th, 2014. OUSD and D.A. letter and Alert to parents about CSEC.

H.E.A.T. Watch Awards: H.E.A.T. Watch was named one of the Top 25 Abolitionists in America in 2013 H.E.A.T. Watch received a National Association of Counties (NACo) award in 2010 for its innovative approach to fighting human trafficking

Eliminate The Backlog RAPE KIT BACKLOG ELIMINATION INITIATIVE

Rape Kit Backlog DNA is one of the greatest tools available to police and prosecutors and is routinely gathered during a sexual assault exam DNA can identify the perpetrator or exonerate the uninvolved or innocent

Rape Kit Backlog Thousands of rape kits currently sit untested in Police evidence rooms around the Country due to lack of funding and other impediments Seek justice and closure for victims/survivors of sexual assault crimes Protect society and prevent future sexual assault by recidivist sex offenders

Rape Kit Backlog In November 2013, D.A. O Malley traveled to Washington, D.C. to inform policymakers about the problem of untested DNA rape kits. O Malley met with members of Congress, Officials at the Department of Justice and White House Advisors. On March 5, 2014, the White House issued a press statement announcing that President Obama will include $35 million in his 2015 budget to fund a new grant program to help eliminate the backlog of untested rape kits in police evidence rooms and improve sexual assault investigations.

Rape Kit Backlog And in California Legislation Pending sponsored by ACDA, authored by Assemblymember Skinner AB 1517: Would specify timelines for testing rape kits and entering DNA profile information into the Combined DNA Index System, a national database

Conclusion Violent Crimes are increasing especially in North County. Duties imposed by Realignment have added to our workload. The District Attorney s Office is meeting these challenges and continues to achieve excellent results all with the highest ethical standards. At the same time, we are developing innovative programs to effectively address the needs of our community, many of which are becoming models for the State and the Nation. We are proud to serve the citizens of Alameda County and ask this Board s support for our proposed Fiscal Year 14-15 budget.