COUNTY OF SAN MATEO

Inter-Departmental Correspondence

District Attorney / Public Administrators Office

 

DATE:

March 10, 2010

BOARD MEETING DATE:

March 23, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

None

 

TO:

Honorable Board of Supervisors

FROM:

James P. Fox, District Attorney

SUBJECT:

Report Back Updating the Board on Trends in the Composition of District Attorney Caseload Related to Elder Abuse

 

RECOMMENDATION:

Accept This Report Back Updating the Board on Trends in the Composition of District Attorney Caseload Related to Elder Abuse

 

BACKGROUND:

During the June budget hearings, your Board requested that the District Attorney / Public Administrators Office provide trend information in the composition of caseloads related to elder abuse.

 

DISCUSSION:

Our office continues to actively assist local law enforcement in investigations of elder abuse, both physical as well as financial. We also are continuing to urge passage of legislation to allow prosecutors to argue undue influence in financial abuse cases.

Between September 2009 and February 10, 2010, our office reviewed 29 cases of potential elder abuse. We filed 26 cases and rejected 3, because we did not believe we could meet the burden of proof in a criminal case, i.e. proof beyond a reasonable doubt. If family members wished to pursue a civil case with a lesser burden of proof, our office would provide any helpful information that was available to us.

The number of cases submitted is representative of the workload we deal with regularly in elder abuse cases. If one were to project out this number over a one-year period, we would expect to file between 60 to 65 cases. It should be pointed out that the financial abuse cases are generally very time-consuming and require a great deal of financial analysis. The physical abuse cases are also often problematic because the victims are often unstable and with a reduced mental acuity. Suspects often claim the victims lost their balance and fell, causing the visible injuries. We must be able to disprove that claim.

Acceptance of this report back item contributes to the Share Vision outcome of a Healthy Community by ensuring that our neighborhoods are safe and provides residents with access to quality healthcare and seamless services.

 

FISCAL IMPACT:

There is no fiscal impact associated with accepting this report.