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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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Office of District Attorney
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DATE:
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June 30, 2004
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BOARD MEETING DATE:
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July 27, 2004
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TO:
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Honorable Board of Supervisors
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FROM:
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James P. Fox, District Attorney
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SUBJECT:
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Application for Renewal of the Statutory Rape Prosecution Grant
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Recommendation
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Adopt a resolution authorizing the submission of a grant application to the Office of Emergency Services in the amount of $62,368 for the Statutory Rape Prosecution Program for FY2004-05.
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Background
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The Office of Criminal Justice Planning (OCJP) established a Statutory Rape Prosecution Program several years ago and solicited interest from all counties regarding the establishment of vertical prosecution units. San Mateo County decided to defer involvement until case statistics supported the need for a unit in the District Attorney’s Office. In FY1998-99, after reviewing three years of statistics involving statutory rape, the District Attorney requested approval to initiate the program. In July 1998 your Board approved an amendment to the Salary Ordinance to permit the initiation of recruitment activities. In order for the District Attorney’s final FY1998-99 budget appropriation to be in phase with the Master Salary Ordinance, a September revision was submitted, adding salaries, benefits and offsetting revenue to fund the attorney position. Effective January 1, 2004 this grant award was transferred to the Office of Emergency Services (OES).
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Discussion
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An application is required each year to receive state funds through the Office of Emergency Services. From the Statutory Rape Unit’s inception in January 1999 through December 2003, the unit has received 476 suspected statutory rape reports to investigate and prosecute. Of those, 321 cases were filed. Of those cases, 312 were filed as felonies, 9 cases were filed as misdemeanors, and this Unit has rejected 93 cases for filing. The Unit has worked in tandem with the various police agencies of San Mateo County, Child Protective Services, Health Services, the San Mateo County School Districts, the Juvenile Probation Department and the San Mateo County District Attorney’s Investigators to successfully prosecute the crime of unlawful sex with a minor. As of December 31, 2003, the Unit was able to obtain 277 felony convictions and 13 misdemeanor convictions. From January 1, 2004 to the present the Unit has obtained 34 additional felony convictions, many resulting in state prison sentences. There are currently 37 cases under prosecution and review and 18 additional cases with outstanding arrest warrants.
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Vision Alignment
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The grant with the Office of Emergency Services keeps the commitment of Ensure Basic Health and Safety for All and goals number 6: children grow up healthy in safe and supportive homes and neighborhoods and number 8: help vulnerable people – the aged, disabled, mentally ill, at-risk youth and others – achieve a better quality of life.
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Fiscal Impact
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Once the Office of Emergency Services approves the grant proposal, the maximum grant program amount of $62,368 will be available. Due to the decrease in grant funds available and increases in salaries and benefit costs and operating expenses, the Deputy District Attorney assigned to the Unit will spend 32% of her time vertically prosecuting statutory rape cases. Assuming approval will be forthcoming from the Office of Emergency Services for this grant, this current Board action will have no fiscal impact on Net County Cost
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