COUNTY OF SAN MATEO

Inter-Departmental Correspondence

District Attorney’s Office

 

DATE:

July 25, 2006

BOARD MEETING DATE:

August 15, 2006

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 standing resolution authorizing the District Attorney to submit a grant application to the California Office of Emergency Services in the amount of $146,981 for the Statutory Rape Prosecution Program for FY2006-07 and for the maximum grant amount available for each of FYs 2007-2008 and 2008-2009 and to execute the Grant Award Agreement each year to receive such funds.

 

VISION ALIGNMENT:

Commitment: Ensure Basic Health and Safety for All

Goals 6 & 8: Children grow up healthy in safe and supportive homes and neighborhoods; 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. Vertical prosecution provides for the same deputy district attorney to be assigned cases for prosecution from initial appearance through sentencing. 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. Since 1994 the Board has renewed this application every year. Effective January 1, 2004 this grant award was transferred to the California Office of Emergency Services (OES).

 

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 2006, the unit has received 601 suspected statutory rape reports to investigate and prosecute. Of those, 400 cases were filed, 133 cases were rejected and 68 are in pre-filing investigative status. Of the cases filed, 389 were filed as felonies and 11 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, 2006, the Unit was able to obtain 322 felony convictions and 20 misdemeanor convictions. There are currently 31 cases under prosecution and review and 27 additional cases with outstanding arrest warrants.

 

Each year, for the last seven years, the District Attorney’s office has submitted documentation in connection with its request for Board approval to apply for the OES grant funds. The instant Board resolution will authorize the District Attorney’s office to apply for the Statutory Rape Prosecution Grant through 2009 without the need to re-submit authorization documentation each year.

 

FISCAL IMPACT:

Once the OES approves the grant proposal, the maximum grant program amount of $146,981 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 76% 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.