DEPARTMENT OF STATE’S ATTORNEYS FY14 BUDGET KEY FUNCTION A State’s Attorney is elected by the voters of each of Vermont’s 14 counties to represent them in the prosecution of court cases. The election and term of the State’s Attorney is established in the Vermont Constitution, Art II, Sec. 43 & 50. Powers and duties to prosecute cases are set out in 24 V.S.A. 361 (a): “A state's attorney shall prosecute for offenses committed within his or her county, and all matters and causes cognizable by the supreme and superior courts in behalf of the state, file informations and prepare bills of indictment…” 1. STATE’S ATTORNEY PROGRAMS: A. The State’s Attorneys have two core programs: 1. Criminal Prosecution 2. Juvenile Protection Cases CRIMINAL PROSECUTION: Adults and Juvenile Delinquents Adult criminal cases are charged by State’s Attorney’s Information under the particular Vermont criminal statute. Persons under 18 years of age who are alleged to have committed an act which would be charged as a crime may be prosecuted using a Juvenile Delinquency Petition in accordance with Title 33 VSA. In both adult and juvenile delinquency cases, the burden of proof is the same: proof of guilt beyond a reasonable doubt. The State’s Attorney (or Deputy) examines each criminal investigation submitted by police to determine the strength of the evidence based on the nature of the potential charge. The SA or DSA decides on whether to: 1) not file any charge; 2) refer to a community program without a charge (Community Justice Center); 3) file the charge(s) and send the matter to the local Diversion program; or 4) file the charge for arraignment in Court before a Judge. For cases filed, the SA will then litigate the case through to final disposition which can include a change of plea or a trial and appeal 000001
JUVENILE PROTECTION CASES: Child in need of care or supervision (CHINS) defined by 33 V.S.A. 5102: Children who have been abandoned or abused; OR without proper parental care or subsistence; OR without or beyond the control of his or her parent; OR habitually truant from compulsory school attendance. The SA or DSA examines each juvenile investigation submitted by DCF to determine strength of evidence. Often in consultation with DCF, the prosecutor decides whether to file a petition or use alternative resolution process. For matters which are directed to Court, the SA then litigates the case through to final disposition which can include an admission or a trial and appeal. 2. SUCCESS a. Cases added compared to cases disposed, as reported by Vermont Court Administrator’s Office: Dispositions greater than Adds 2001, 2003, 2005 Adds greater than Dispositions 2007 (186), 2009 (73), 2011 (635), 2012 (400) 000002
GOAL NEAR TERM: Keep dispositions in line with new cases added to avoid significant backlog LONG TERM: Increase disposition rate on detention cases and low level cases: A. Help reduce costs for Corrections B. Reduce backlog in Courts C. Focus on violent crime while also prosecuting “quality of life” crimes. STRATEGY TO ACHIEVE GOAL DATA COLLECTION: Implement digital criminal case management system (now in RFP/IR status) DATA USAGE with 6 months history (Go Live Date + 6 months) Identify county variations per data collected. Use to ascertain best practices in better performing counties (looking at SA & Court practices) Focus on key areas where more dispositions can occur in shorter time. Particular focus on quicker resolution of low level detention cases. Select office(s) to implement the key strategies learned from the data. b. CHITTENDEN RAPID INTERVENTION COMMUNITY COURT PROGRAM (RICC) Fast Track process from event until scheduled court appearance to achieve greatest benefit of intervention Prompt assessment of needs of accused that contribute to criminal actions & the offer of optional treatment Continuous monitoring of compliance with treatment & program Prompt prosecutor and court response to lack of compliance Keeps accused out of criminal court: no criminal charge filed PERFORMANCE MEASURE Determining the rate of recidivism of participants in two groups: Successful participants who “graduate” from the program consistent with the plan; Unsuccessful participants who fail to meet program goals Recidivism for program analysis purposes is based on a “zero tolerance” standard so any conviction (including motor vehicle and/or violation of probation) after leaving the program (successful or unsuccessful) is considered a new crime. 000003
GOAL Reduce costs to state criminal justice system: prosecution, court, defense, corrections Ultimately reduce crime in community by dealing with behavior, addictions, etc STRATEGY Continued monitoring of both participation levels and participants Use the RICC Outcome Evaluation methods set forth in the report of the Vermont Center for Justice Research issued January 3, 2013 for recidivism analysis. FINDINGS Rate of recidivism: Only 7.4% of successful program graduates were convicted of a crime after leaving RICC Even participants who did not successfully complete the program, 23.9% were convicted of a crime after leaving RICC. Thus, even a reduced participation in RICC appears to provide benefit in curbing future criminal behavior. FUNDING Funding from Corrections on interdepartmental transfer shows in SA budget as $114,000 for FY14 Separate program from Department of State’s Attorney though in budget for accounting purposes Recommendation: Keep program funding through DoC in FY14 and assess funding stream for FY15 3. IS THERE A BETTER WAY ? a. 21 st Century Case Presentation In FY10, as part of our proposed program involving modernization of both our servers and obtaining modern Criminal Case Management, the Department purchased new laptop computers for all prosecutors to replace aged desktop units. These laptops enabled the Department to use modern audio/visual evidence from police for trials and hearings in Vermont courtrooms with media carts purchased and assembled by the Department which connect directly to our laptops. This has greatly improved our case presentations to judges and juries. Jurors often see television programs with high tech courtroom presentations of audio, video, and evidence. Vermont State’s Attorneys can now present that in Vermont Courts. We have had excellent feedback around the state on the success of this program as an example of “A Better Way.” 000004
b. Criminal Case Management System As part of a 21 st Century case prosecution, the State’s Attorneys have sought since May 2010 to upgrade our current antique software. The Department has worked with the Office of the Defender General on an Enterprise Solution to provide not only criminal case management systems for each from a single vendor but also by achieving electronic data transfer to not only hold the budget line on personnel numbers but to actually reduce budget costs on evidence and case related material duplication, and manual transmission and improve motion practice litigation. We are continuing to work with DII on obtaining a plan for our project. c. IT Progress essential for data analysis Data analysis is essential to measure results or for determining better ways to accomplish our mission. This requires data capturing and retrieval computer software. We do not have such software. Currently, the Department is in a Catch-22 situation between hardware to operate as a server base and a criminal case management system for software. SERVER MODERNIZATION The Department has not been allowed to upgrade our servers due to some plans for a statewide system. The original date (2010) has passed without any changeover of our system. We have sought both private and DII solutions. We have received a proposal from a state approved vendor. We are working with DII to obtain a proposal that will be comparable in both deliverables and cost to that which we have received from the private sector. d. Laptop Refresh Program: Achieving a level budget for laptop costs Laptops have a useful life of about three years. This leads to large balloon costs in the replacement year both for the laptops and for obtaining IT personnel to do a full rollout in a short period of time. Our Laptop Refresh Program converts the large balloon cost into managed, predictable costs for both purchase and rollout. This is consistent with what we have successfully implemented for copy and print services for the department as a standard budget expense. Therefore, this year’s budget seeks about 1/3 of the cost to refresh 1/3 of the laptop units. This will avoid large periodic budget increases for laptops thus negating the “highs and lows” for these IT costs. This method also avoids high contract IT costs to rollout the units since the limited number in 1/3 increments can be done by existing staff. We view this as a good business practice. BUDGET FUNDING Funding mix for the Department is GF 79 %, Interdepartmental 20 % , Federal 1%. Budget funds 14 State’s Attorneys’ offices and the Executive Director’s Office. 000005
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