HomeMy WebLinkAboutMINUTES - 05202008 - C.48 C act
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TO: BOARD OF SUPERVISORS �'- �'` °`'
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FROM: ROBERT KOCHLY, DISTRICT ATTORNEY
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DATE: May 20, 2008 - `�v County
SUBJECT: APPROVAL TO SUBMIT APPLICATION AND EXECUTE GRANT AWARD AGREEMENT
WITH STATE OFFICE OF EMERGENCY SERVICES FOR FUNDING OF THE VERTICAL
PROSECUTION PROJECT FOR FISCAL YEAR 08/09
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
Approve and authorize the District Attorney to submit an application and execute a grant award agreement,and any
extensions or amendments thereof,pursuant to State guidelines,with the State Office of Emergency Services for the
funding of the Vertical Prosecution Project in the amount of$471,090 for the period July 1,2008 through June 30,
2009 (State Funds-budgeted-No match required).
FINANCIAL IMPACT:
The grant application will fund attorney salary and benefit costs in the amount of $471,090 for the vertical
prosecution project. This grant continues the funding of the Career Criminal Vertical Prosecution project that has
been funded by the State since the late 1970's. A funding increase received in fiscal year 06/07 pennitted the
District Attorney to add Major Narcotic Vendor Prosecution component to our vertical prosecution project. While
funding for 08/09 was reduced by 10%the District Attorney will continue to maintain both components. As in all
State Office of Emergency Services grants, the County agrees to the following conditions: to provide all matching
funds required for said project, (including any amendment thereof) under the Program and the funding terms and
conditions of the OES, and that any cash match will be appropriated as required; that any liability arising out of the
performance of the grant award agreement, including civil court actions for damages, shall be the responsibility of
the grant recipient and the authorizing agency. The State of California and OES disclaim responsibility for such
liability; and, the grant funds received from the OES shall not be used to supplant expenditures controlled by the
governing board. Expenditures and revenues for this program have been built in to the District Attorney's
2008/2009 Recommended Budget.
There is no match required of this Program.
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CONTINUED ON ATTACHMENT: 0 SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM END TION OF ARD CO i-i-rEE
APPROVE OTHER
SIGNATURE(S):
ACTION OFBO O V �OX APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFYTHATTHIS IS A TRUE ANDCORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT /10 ) MINUTES OF THE BOARD OF SUPERVISORS ON THE-
AYES:
HEAYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Judy Lytle,Chief of Administration&Planning
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cc: District Attorney,Attn: Judy Lytle (957-2234) ATTESTED
County Administrator—Attn: Tim Ewell CJ
Auditor-Controller JOHN CULLEN,KERK OF TI IE BOARD OF
SUPERVISORS
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SUBJECT APPROVAL TO SUBMIT APPLICATION AND EXECUTE GRANT AWARD
AGREEMENT WITH STATE OFFICE OF EMERGENCY SERVICES FOR FUNDING
OF THE VERTICAL PROSECUTION PROJECT FOR FISCAL YEAR 07/08
DA'L'E: May 20, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Office of Criminal Justice Planning had funded the Career Criminal Prosecution project in the District
Attorney's Office, since the late 1970's. The California State Budget Act of 2003/04 reduced by 50% all vertical
prosecution projects previously funded by the Office of Criminal Justice Planning (OCJP) and transferred
responsibility of the programs to the Office of Emergency Services (OES). In fiscal year 2006/2007 funding was
restored to the vertical prosecution projects. With the increased funding the District Attorney has been able to fully
fund two attorney positions for the Career Criminal Vertical Prosecution component and add the partial funding for a
attorney position for the Major Narcotic Vendor Prosecution component which had previously been fund before the
50% budget cut in FY 2003/04.
The Career Criminal Vertical Prosecution (CCP) component handles felony cases committed by professional
criminals who have made a career out of crime. Repeat offenders who commit serious crimes such as robbery,
burglary, and grand theft are being prosecuted by this unit. The Major Narcotic Vendor Prosecution (MNVP)
component will target and prosecute gang-affiliated high and mid-level narcotics traffickers in order to make the
community safer and freer from the debilitating effects that drug abuse poses and the danger of gang activity. The
legislation for the program requires the District Attorney's Office to use experienced felony trial deputies who are
assigned reduced caseloads and who are required to handle the case on a vertical prosecution basis from the time of
arraignment continuing through final sentencing in Superior Court. Continued funding of this grant by the State is
contingent upon the County prosecuting these cases as provided by statutes.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to approve the recommendation will result in the inability of the District Attorney to apply for the State
funds which may be available to vertical prosecute repeat offenders and narcotic trafficking cases.