026 - D ATTORNEYbos.ocgov.com/finance/2013WB/agency/026.pdf026 - District Attorney PUBLIC PROTECTION 64 County of Orange FY 2012-2013 Recommended Budget in jail and/or a $500 fine,

County of Orange 63FY 2012-2013 Recommended Budget

PUBLIC PROTECTION 026 - District Attorney

026 - DISTRICT ATTORNEY

026 - District Attorney

Operational Summary

Mission:

To enhance public safety and welfare and create a sense ofsecurity in the community through the vigorous enforce-ment of criminal and civil laws in a just, honest, efficient andethical manner.

Strategic Goals:■ The District Attorney represents the People of the State of California in the criminal justice system. Performing this duty

requires initiating criminal prosecutions and representing the People in some civil cases. Prosecuting those engaging incriminal conduct to ensure justice for the crime victims, their families and the community at large is essential to main-taining public safety.

FY 2011-12 Key Project Accomplishments:

■ DNA DATABASEThe Orange County District Attorney's Office (OCDA) is committed to fully utilizing forensic DNA technology to solvecrime, exonerate the innocent, and prevent future victimization. By December 2011, the OCDA had collected approxi-mately 60,000 DNA samples.

In 2010, the OCDA launched its local database and began searching crime scene DNA profiles against individual DNAprofiles in the database. By December 2011, there had been over 200 crime scene DNA profiles matched to individual pro-files on 15 types of cases. "John Doe" warrants are filed to preserve the statute of limitations in cases where a crime scenesuspect with a DNA profile exists but a cold hit has yet to occur.

■ SEX OFFENDER ORDINANCEIn April 2011, District Attorney Rackauckas and Supervisor Shawn Nelson (Fourth District) developed and proposed theCounty Sex Offender Ordinance to create a child safety zone to further protect children from registered sex offenders inCounty parks and harbors. The Ordinance was passed unanimously by the Orange County Board of Supervisors on April5, 2011 and took effect on May 5, 2011. The County Ordinance makes it a misdemeanor, punishable by up to six months

At a Glance:

Total FY 2011-2012 Current Modified Budget: 114,453,806

Total FY 2011-2012 Projected Expend + Encumb: 112,403,714

Total Recommended FY 2012-2013 111,729,484

Percent of County General Fund: 3.62%

Total Employees: 704.00

Key Outcome Indicators:

2011 Business Plan 2012 Business Plan

Performance Measure Results Target How are we doing?

FELONY CONVICTION RATEWhat: The conviction rate measures the percentage of filed adult felony cases resulting in conviction.Why: Measure the Office's ability to effectively represent the People of the State of California.

Felony conviction rate exceeded 90%.

To meet or exceed 90% adult felony conviction rate.

The Office has maintained an excellent conviction rate.

026 - District Attorney PUBLIC PROTECTION

64 County of OrangeFY 2012-2013 Recommended Budget

in jail and/or a $500 fine, for registered sex offenders to enter County recreational areas where children regularly gatherwithout permission from the Orange County Sheriff's Department.

After enacting the County Ordinance, District Attorney Rackauckas, Chairman of the Board Bill Campbell and CountySupervisors Shawn Nelson, Patricia Bates, and Janet Nguyen sent letters to each Orange County city encouraging them toconsider a similar ordinance for their city parks.

Since May 2011, the Cities of Huntington Beach, Laguna Hills, Lake Forest, La Habra, Los Alamitos, Westminster, andYorba Linda have enacted a City Ordinance modeled after the County Ordinance. The City of Irvine enacted a City Ordi-nance banning some sex offenders in city parks. Several other Orange County cities are considering ordinances at thistime including Anaheim, Brea, Mission Viejo, Rancho Santa Margarita, San Juan Capistrano, and Seal Beach.

■ GANG INJUNCTIONS AND GRIPA gang injunction is a civil court order with narrowly tailored restrictions for gang members that designates specific gangbehavior as public nuisance. In the five years since the inception of the program, 10 permanent injunctions have been putin place throughout Orange County. These injunctions place restrictions on gang members from the County's most activecriminal street gangs in the cities of Anaheim, Fullerton, Garden Grove, San Clemente, San Juan Capistrano, and SantaAna.

The injunctions prevent gang members from terrorizing their communities by prohibiting association with gang mem-bers, intimidation, drug use or sales, possession of guns or weapons, fighting, blocking free passage, writing graffiti,making gang hand signs, wearing gang clothing, possessing burglary tools, littering, trespassing, being in the presence ofalcohol in public, and being out in public past a 10:00 p.m. curfew. Violent crime in the eight gang injunction safety zonesfell by up to 48 percent after the injunctions were put in place.

The Gang Reduction and Intervention Partnership (GRIP) is a law enforcement partnership that identifies at-risk youthand aims to increase school attendance and decrease gang activity. By 2011, GRIP was operating in eight cities and is runby the Orange County District Attorney's Office, Orange County Probation Department, Orange County Sheriff's Depart-ment, Buena Park Police Department, Garden Grove Police Department, Orange Police Department, Santa Ana PoliceDepartment, and the Santa Ana Unified School District Police.

GRIP work with over 300 community partners, including Los Angeles Angels of Anaheim and Saddleback Church, ongang suppression, interventions for at-risk students, curfew and truancy sweeps, a Parent Greeter Program, gang infor-mation forums, parent and faculty education, parent-involvement meetings, and positive incentive programs.

■ HIGH TECH CRIMESIn January 2011, the OCDA and other Orange County law enforcement agencies, sponsored by the FBI, launched theOrange County Regional Computer Forensic Laboratory (OCRCFL) to respond to technological advances and more com-puter savvy criminals. District Attorney Rackauckas is a vice-chair of OCRCFL. OCRCFL is a full-service forensics labora-tory and training center devoted to the examination of digital evidence using the most cutting-edge technology. Theseexpert forensic examiners collaborate to investigate crimes ranging from homicide and child pornography to terrorismand fraud.



Administrative Services - In addition to providing officeservices support to the prosecution and investigative unitsmentioned below, the Administrative Services Division pro-vides a myriad of support services including: Accounting,Budgeting, Facilities, Human Resources, Information Tech-nology, Purchasing, and Research.

Bureau Of Investigation - The Bureau consists of bothsworn and non-sworn personnel responsible for providinginvestigative and other related technical services to supportcriminal prosecution. Investigators provide trial support byconducting complex criminal investigations as well as inter-viewing and subpoenaing witnesses, and DNA Collection atthe four adult justice centers and the Central Jail Arraign-ment Court (CJ-1). Investigators also assist other County lawenforcement agencies with complex investigations, casesinvolving multiple jurisdictions, and investigation of officer-involved shootings and in-custody deaths occurring inOrange County. Additionally, the Bureau operates threeinvestigative units:

• The Anti-Terrorism/Organized Crime Unit is the onlycountywide intelligence unit operating in the surveil-lance of organized crime. Investigations conducted bythis unit have resulted in prosecution of serious crimes,including murder.

• The TracKRS (Taskforce review aimed at catching Kill-ers, Rapists and Sexual Offenders) unit provides a vari-ety of resources to assist peace officers in theinvestigation of homicides and sexual assaults.

• Public Assistance Fraud investigative staff prevent,detect, and investigate various forms of Public Assis-tance Fraud, Section 8 Housing Fraud, and In-HomeSupport Services (IHSS) Fraud. These operations arefunded by state and federal sources.

Criminal Prosecution - Prosecution operations are dividedinto the following four areas:

Vertical Prosecutions/Violent Crimes: Prosecutes the major-ity of violent felony crimes. Units in this area include:

The Homicide Unit prosecutes non-gang related homicides,including those with special circumstances.

The Sexual Assault Unit prosecutes rapists, sexually violentpredators, child molesters and other violent sexual assaults.

The Gang Unit prosecutes crimes committed by gang mem-bers, including murders and attempted murders.

The TARGET Unit is comprised of anti-gang teams whichinclude a police officer, a probation officer, a District Attor-ney Investigator, and a prosecutor. These teams are housedin police departments throughout the county. TARGET pros-ecution is focused on the eradication of gang crime and vio-lence by targeting the gang's "serious offenders."

Gang Reduction and Intervention Program (GRIP) and GangInjunction Unit implements proactive gang crime preven-tion and gang prosecution initiatives with a goal of improv-ing community safety. GRIP is a gang crime preventioninitiative that aims to prevent juveniles from joining crimi-nal gangs and being victims of or participants in gangcrimes. The Gang Injunction component establishes safetyzones in certain communities impacted by gang violenceand issues a civil order that includes terms to curb intimi-dating or harassing behavior by restricting or prohibitingdocumented gang members from participating in specificacts or activities within the "Safety Zone."

The DNA Unit is comprised of specialists in the use of DNAevidence in prosecution.

Organizational Summary

Administrative

Services

Bureau of

Investigations

Criminal

Prosecution

District Attorney



Branch Court Operations: Prosecutes adult misdemeanorcrimes in each of the four Justice Centers (Central JusticeCenter, Harbor Justice Center-Newport Beach, North JusticeCenter, West Justice Center) and felony and misdemeanorjuvenile petitions in the Lamoreaux (Juvenile) Justice Center.In addition to misdemeanor prosecution, each of the fouradult Justice Centers includes a Felony Charging Unit. TheFelony Charging prosecutors review potential felony casespresented by police agencies to the justice centers for filingconsideration. In 2009, the Court added a new in-custodyarraignment court in the Central Jail (CJ-1). This new courtrequired the redeployment of prosecutors and support staff.

General Felonies/Economic Crimes: Prosecutes a variety ofgeneral felonies and includes:

The Felony Panel Unit prosecutes a variety of felony crimesand career criminals.

The Family Protection Unit prosecutes violent assaults,attempted murders, felony domestic violence, child abuse,child abduction, stalking and elder abuse.

The Consumer/Environmental Unit prosecutes complexcases involving environmental crimes and also companiesand individuals that engage in fraudulent or unlawful busi-ness practices affecting large groups of people.

The Economic Crimes Unit prosecutes high tech crime,identity theft, high-dollar fraud crimes and includes theWhite Collar Crime Prosecution Team. A Real Estate FraudProsecution Unit was added in April 2009.

The Narcotic Enforcement Team (NET) Unit prosecutesmajor narcotic traffickers and illegal drug manufacturers.Additionally, the NET Unit handles the distribution of forfei-tures proceedings from illegal drug trade.

The Insurance Fraud and Public Assistance Fraud Unitsprosecute crimes involving workers’ compensation fraud,auto insurance fraud, medical and disability, and life andannuity fraud as well as prevent, deter, and prosecute crimesrelated to fraudulent receipt of public assistance. The PublicAssistance Fraud Unit is funded by the Social ServicesAgency.

Cases arising out of the Office's Orange County Auto TheftTask Force (OCATT), primarily auto theft rings.

Special Projects: Oversees for special projects, coordinationof high profile cases, and two prosecution units:

The Special Prosecutions Unit prosecutes a variety of spe-cialized felonies (arson, hate crimes, political corruption,and cases dealing with Mentally Disordered Offenders).Additionally, this Unit investigates Officer Involved Shoot-ings.

The Law and Motion Unit conducts over 700 Felony PretrialMotions, Writs and Appeals annually. The Unit also providesprosecutors legal research assistance and training.

Ten Year Staffing Trend Highlights:■ In November 2011, five positions were deleted as a

result of the Vehicle License Fee (VLF) Budget Reduc-tion.

■ There were no position changes in FY 2010-11.

■ During the FY 2009-10 budget process, 58 positionswere deleted to balance the budget.

■ In February 2009, eight positions were deleted as aresult of the vacant position review process.

■ In December 2007, the County's Budget Reduction Planidentified deletion of positions vacant for 13 or moremonths. The Office deleted two positions meeting thiscriterion in FY 2007-08 and five in FY 2008-09.

■ During FY 2007-08, the Board approved an additional28 positions: 12 positions to establish the DNA Unit;three positions to the Homicide Unit; three positions tothe Sexual Assault Unit, five support staff positions; oneSenior Systems Programmer/Analyst; one Investigatorposition to the Joint Terrorism Task Force; two DeputyDistrict Attorney positions to the Economic CrimesUnit; and one Senior Accountant/Auditor.

Ten Year Staffing Trend:



■ There was a budgetary transfer of 52 existing publicassistance fraud positions from the Social ServicesAgency to the District Attorney effective July 6, 2007.

■ The Board approved establishment of the District Attor-ney's White Collar Crime Prosecution Team (WCCPT)effective January 1, 2006, which comprises Attorney,Investigator, Paralegal, Attorney's Clerk, InvestigativeAuditor, and Investigative Assistant positions, to inves-tigate and prosecute complex fraud cases includingembezzlement, larceny, computer crime, identity theft,as well as other fraud scams. The operating costs of thisprosecution team are being funded by the DA ConsumerProtection Fund 2AH. The Board also approved theOffice's requests to add staff to implement the DistrictAttorney High Tech Crime Unit Expansion Strategic Pri-ority approved by the Board on December 13, 2005.

■ As mandated by AB 196 and SB 542, in December 2001,the Board of Supervisors approved an ordinance to cre-ate the Department of Child Support Services effectiveJuly 1, 2002. As a result, a total of 782 Family SupportDivision positions were transferred to this newly cre-ated County department.

Budget Summary

Plan for Support of the County's Strategic Priorities:

Effective prosecution supports the County’s strategic objec-tives of:

1. Promoting a Healthy Community

2. Building for the Future of Our Community

3. Protecting our Community

Attaining these objectives requires, first and foremost, a safecommunity. Clearly, prosecuting those who commit criminalacts upon residents or visitors, as well as individuals whoviolate environmental protection laws is critical to ensuringcommunity safety today and for generations to come.

Moreover, the work performed by the District Attorney’sOffice is essential to the County’s mission of:

Making Orange County a safe, healthy, and fulfilling place tolive, work and play, today and for generations to come, by pro-viding outstanding, cost-effective regional public services.

The People of the State of California, in particular the resi-dents of Orange County, rely on the Office of the DistrictAttorney to bring those engaging in criminal activities tojustice.

Changes Included in the Recommended Base Budget:

The base budget represents a 14% NCC reduction comparedto the FY 2011-12 NCC limit.

The Orange County District Attorney's Office (OCDA) hasbeen in a glide down mode and has implemented significantreductions over the last three years including layoffs, tempo-rary layoffs, furloughs, pay cuts, and deleting a total of 76positions: 15 prosecutor, 33 investigative, and 28 supportpositions. Significant increases to the base budget wereavoided through a minor restructure of staffing and work-flow. Continued evaluation of the restructure of staffing inbusiness processes enables the Office to function with fewerprosecutors and investigators. As a result of higher thananticipated Prop 172 revenue, pension prepayment savings,continued cost cutting measures by deferring and reducingexpenses in services, supplies, and equipment, and elimi-nating non-essential travel and training, the NCC request forFY 12-13 is 14% lower than the FY 2011-12 NCC limit at$2.1M.

The FY 2012-13 Budget with augmentation request repre-sents continued operation at the FY 2011-12 reduced level ofstaffing and cost cutting measures by deferring and reducingexpenses in services, supplies, and equipment and eliminat-ing non-essential travel and training. Staff of the OCDA areinterdependent and integrated. As a result of additional stafflosses through attrition, the OCDA has reached a tippingpoint where further cuts are unsustainable and coulddirectly impact public safety. To meet the FY 2012-13 NCClimit, the OCDA submitted one augmentation request of $2.1million to restore approximately 19 positions to meet basicprosecution demands and provide Orange County residentsand visitors with a safe community.



(1) Requirements include prior year encumbrance and expenditures. Therefore, the above totals may not match FY 2011-12 projected requirements included in "At aGlance" (Which exclude these).

Columns may not total correctly due to rounding.

Detailed budget by expense category and by activity is presented for Budget Control: District Attorney in the Appendix on page A37

Highlights of Key Trends:■ The OCDA continues to handle approximately 80,000

criminal cases each year. To avoid significant increasesto the base budget, the OCDA implemented an office-wide restructure changing the manner by which somecases are prosecuted including workflow and businessprocess changes to enable the Office to function withfewer prosecutors and investigators.

■ The advance of DNA technology is bringing an unprece-dented number of cold hit DNA cases into the criminaljustice system. OCDA receives approximately 60 cold hitcases per month requiring significant resources toreview and investigate. These cold hits often identifyviolent offenders and may implicate statute of limita-tions so that immediate attention is paramount for pub-lic safety. As DNA technology expands, the number ofperpetrators identified by DNA cold hits will continue toincrease.

■ Continue to evaluate staffing levels to ensure sufficientresources are available to address both the volume andcomplexity of caseloads. Caseload demands are man-

aged through staff rotations and in some instances useof volunteer staff. The Office has successfully utilizedvolunteer attorneys through the Trial Attorney Partner-ship (TAP) program whereby experienced private attor-neys are trained and deputized to prosecute certaintypes of misdemeanor cases while temporarily assignedto the Office.

■ Continue to exercise fiscal prudence and closely moni-tor revenues and expenses. The OCDA has implementedsignificant reductions over the last three years to offsetProp 172 revenue shortfalls and mitigate NCC required.The FY 2012-13 budget includes a transfer out of 100%of the Office’s Fund 14J FBA or $4.4 million to fundexisting positions. Further, the Office endured addi-tional staff losses through attrition. To cope with theloss of staff, the OCDA has implemented a variety of ini-tiatives to reduce the resources required to prosecutecertain type of cases.

■ Continue to work collaboratively with CEO/BudgetOffice and highlight variances and issues, which mayimpact budget requirements.

Requested Budget Augmentations and Related Performance Results:

Unit Amount Description Performance PlanBRASS

Ser.

Restore 19 Positions and Net County CostAmount:$ 2,140,803

Restore 19 positions and Net County Cost Adequate staffing is required to maintain strategic goal of achieving a 90% felony conviction rate

2512

Recommended Budget History:

FY 2011-2012 FY 2011-2012 Change from FY 2011-2012

FY 2010-2011 Budget Projected(1) FY 2012-2013 Budget

Sources and Uses Actual As of 3/31/12 At 6/30/12 Recommended Amount Percent

Total Positions 728 723 723 704 (19) -2.63

Total Revenues 63,521,246 70,984,011 69,266,012 72,542,966 1,558,955 2.20

Total Requirements 111,662,373 114,453,806 116,098,209 111,729,484 (2,724,322) -2.38

Net County Cost 48,141,127 43,469,795 46,832,197 39,186,518 (4,283,277) -9.85



Budget Units Under Agency Control:

No. Agency Name Administrative Services Bureau Of Investigation Criminal Prosecution Total

026 District Attorney 20,909,919 32,604,684 58,214,881 111,729,484

116 Narcotic Forfeiture and Seizure 0 0 1,041,069 1,041,069

122 Motor Vehicle Theft Task Force 0 0 3,357,598 3,357,598

12G Real Estate Prosecution Fund 0 0 1,474,525 1,474,525

12H Proposition 64 - Consumer Protection

0 0 2,722,050 2,722,050

14H DA's Supplemental Law Enforcement Service

0 0 906,757 906,757

Total 20,909,919 32,604,684 67,716,880 121,231,483

County of Orange A37FY 2012-2013 Recommended Budget

026 - District Attorney Appendix



(1) Requirements include prior year encumbrance and expenditures. Therefore, the above totals may not match FY 2011-12 projected requirements included in "At aGlance" (Which exclude these).

Columns may not total correctly due to rounding.

Summary of Proposed Budget by Revenue and Expense Category:



Revenues/Appropriations Actual As of 3/31/12 At 6/30/12 Recommended Amount Percent

Fines, Forfeitures & Penalties $ 381,738 $ 105,500 $ 106,209 $ 140,700 $ 35,200 33.36%

Intergovernmental Revenues 55,044,756 57,179,399 59,735,976 59,477,945 2,298,546 4.02

Charges For Services 2,928,992 4,459,249 3,845,690 3,892,316 (566,933) -12.71

Miscellaneous Revenues 113,503 650 85,421 970 320 49.23

Other Financing Sources 5,052,258 9,239,213 5,492,716 9,031,035 (208,178) -2.25

Total Revenues 63,521,246 70,984,011 69,266,012 72,542,966 1,558,955 2.20

Salaries & Benefits 101,931,335 106,097,570 105,081,952 103,611,242 (2,486,328) -2.34

Services & Supplies 8,965,003 11,624,649 14,650,081 11,622,647 (2,002) -0.02

Other Charges 1,826,256 1,877,071 1,877,071 1,948,093 71,022 3.78

Equipment 337,618 699,853 843,768 800,000 100,147 14.31

Other Financing Uses 4,133,481 0 0 0 0 0.00

Intrafund Transfers (5,531,320) (5,845,337) (6,354,663) (6,252,498) (407,161) 6.97


Net County Cost $ 48,141,127 $ 43,469,795 $ 46,832,197 $ 39,186,518 $ (4,283,277) -9.85%

Proposed Budget Summary of Administrative Services:




Intergovernmental Revenues $ 15,048,259 $ 15,582,303 $ 16,163,595 $ 16,729,322 $ 1,147,019 7.36%

Charges For Services 122,383 113,959 111,152 101,910 (12,049) -10.57


Other Financing Sources 79,115 111,992 76,139 64,953 (47,039) -42.00

Total Revenues 15,347,041 15,808,454 16,426,381 16,896,385 1,087,931 6.88

Salaries & Benefits 13,207,216 13,871,997 12,278,708 13,428,037 (443,960) -3.20

Services & Supplies 4,953,474 5,740,699 7,037,577 5,488,149 (252,550) -4.40

Other Charges 1,826,340 1,877,071 1,877,071 1,948,093 71,022 3.78

Equipment 294,134 659,853 460,195 760,000 100,147 15.18

Other Financing Uses 4,133,481 0 0 0 0 0.00

Intrafund Transfers (718,102) (673,883) (1,069,228) (714,360) (40,477) 6.01

Total Requirements 23,696,544 21,475,737 20,584,323 20,909,919 (565,818) -2.63

Net County Cost $ 8,349,503 $ 5,667,283 $ 4,157,942 $ 4,013,534 $ (1,653,749) -29.18%

Appendix

A38 County of OrangeFY 2012-2013 Recommended Budget

Proposed Budget Summary of Bureau Of Investigation:

Proposed Budget Summary of Bureau Of Investigation:




Intergovernmental Revenues $ 16,908,154 $ 16,756,197 $ 17,729,015 $ 17,774,904 $ 1,018,707 6.08%

Charges For Services 405,309 398,041 987,809 1,040,182 642,141 161.33


Other Financing Sources 16,855 1,461,095 0 0 (1,461,095) -100.00

Total Revenues 17,339,344 18,615,633 18,718,578 18,815,386 199,753 1.07

Salaries & Benefits 35,179,824 37,001,204 35,921,947 35,519,360 (1,481,844) -4.00

Services & Supplies 1,279,512 1,780,500 2,405,670 1,874,998 94,498 5.31

Other Charges (84) 0 0 0 0 0.00

Equipment 43,483 40,000 45,720 40,000 0 0.00

Intrafund Transfers (4,144,988) (4,393,771) (4,541,296) (4,829,674) (435,903) 9.92


Net County Cost $ 15,018,403 $ 15,812,300 $ 15,113,463 $ 13,789,298 $ (2,023,002) -12.79%

Proposed Budget Summary of Criminal Prosecution:




Fines, Forfeitures & Penalties $ 381,738 $ 105,500 $ 106,209 $ 140,700 $ 35,200 33.36%

Intergovernmental Revenues 23,088,343 24,840,899 25,843,366 24,973,719 132,820 0.53

Charges For Services 2,401,300 3,947,249 2,746,729 2,750,224 (1,197,025) -30.33


Other Financing Sources 4,956,288 7,666,126 5,416,577 8,966,082 1,299,956 16.96

Total Revenues 30,834,861 36,559,924 34,121,053 36,831,195 271,271 0.74

Salaries & Benefits 53,544,294 55,224,369 56,881,297 54,663,845 (560,524) -1.01

Services & Supplies 2,732,017 4,103,450 5,206,834 4,259,500 156,050 3.80

Equipment 0 0 337,853 0 0 0.00

Intrafund Transfers (668,230) (777,683) (744,139) (708,464) 69,219 -8.90

Total Requirements 55,608,082 58,550,136 61,681,845 58,214,881 (335,255) -0.57

Net County Cost $ 24,773,221 $ 21,990,212 $ 27,560,792 $ 21,383,686 $ (606,526) -2.76%

Documents

026 - D ATTORNEYbos.ocgov.com/finance/2013WB/agency/026.pdf026 - District Attorney PUBLIC PROTECTION 64 County of Orange FY 2012-2013 Recommended Budget in jail and/or a $500 fine,