COUNTY OF SAN MATEO

Inter-Departmental Correspondence

District Attorney’s Office

DATE:

8/4/05

BOARD MEETING DATE:

8/16/05

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James P. Fox, District Attorney

SUBJECT:

Application for Renewal of the Statutory Rape Prosecution Grant

RECOMMENDATION:

Adopt a resolution authorizing the submission of a grant application to the California Office of Emergency Services in the amount of $62,368 for the Statutory Rape Prosecution Program for FY2005-06.

VISION ALIGNMENT:

Commitment: Ensure Basic Health and Safety for All

Goals 6 & 8

Goal number 6: children grows-up healthy in safe and supportive homes and neighborhoods

Goal number 8: help vulnerable people – the aged, disabled, mentally ill, at-risk youth and others - achieve a better qualify of life.

BACKGROUND:

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 the 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 California Office of Emergency Services (OES). Since 1994 the Board has renewed this application every year.

DISCUSSION:

An application is required each year to receive state funds through the OES. From the Statutory Rape Unit’s inception in January 1999 through June 2005, the unit has received 525 suspected statutory rape reports to investigate and prosecute. Of those, 344 cases were filed, 116 cases were rejected and 65 are in pre-filing investigative status. Of the cases filed, 334 were filed as felonies and 10 cases were filed as misdemeanors. 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 June 30, 2005, the Unit was able to obtain 300 felony convictions and 15 misdemeanor convictions. There are currently 25 cases under prosecution and review and 22 additional cases with outstanding arrest warrants.

FISCAL IMPACT:

Once the OES 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 OES for this grant, this current Board action will have no fiscal impact on Net County Cost.