HomeMy WebLinkAbout3.1 AlaCntyProp172MsrA
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 27, 1993
SUBJECT: Presentation by Alameda County regarding the need to
support Proposition 172 and Measure A
(Prepared by: Richard C. Ambrose, City Manager)
EXHIBITS ATTACHED: Exhibit 1: / Letter from. County Administrator dated
September 1, 1993.
Exhibi t 2: / List of County Public Safety Services
that will be reduced if both Proposition
172 and Measure A fail.
Exhibit 3: ~ Alameda County Criminal Justice System
Description of Services and Funding
/ Issues, August 1993.
Exhibit 4: Draft Resolution.
RECOMMENDATION: ....... ~ )
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Receive Presentation.
Adopt Resolution.
FINANCIAL STATEMENT:
The City of Dublin will not receive any sales tax
directly from. Proposition 172 or Measure A.
However, if both ballot measures fail, severe
reduction in County Public Safety Services will
impact the City of Dublin. The financial impact
on the City of Dublin of such reductions is
unknown at this time.
DESCRIPTION: The State of California shifted $2.6 billion dollars
from local government to the State during Fiscal Year 1993-94. To help
local government deal with the severity of the loss of revenue, the State
extended the existing one half cent sales tax to December 31, 1993 and
authorized a ballot measure (PropoSition 172) to be placed upon the
Statewide ballot in November 1993, which would authorize imposition of this
one half cent with the approval of a majority of the voters Statewide.
The Statewide one-half cent sales tax revenues will be allocated based on
Alameda County's proportionate share of Statewide taxable sales. Each
County is required to deposit the revenue in a Public Safety Augmentation
Fund to be allocated by the County Auditor to the County and Cities within
the County. The allocation of sales tax to an individual city is based
upon a formula which takes into account the City's 1993-94 net property tax
loss.
According to the State, the City of Dublin will not lose any property tax
in Fiscal Year 1993-94 because Dublin is not a recipient of ABS property
tax. Therefore, Dublin is not entitled to receive any funds generated from
the continued imposition of the one-half cent sales tax.
Although the City of Dublin does not receive sales tax from. Proposition
172, Proposition 172 does benefit the City because it provides
approximately $65 million to the County Court System, District Attorney,
Sheriff' 5 Department, Probation Department, and Indigent Defense, which
will otherwise be cut in order to balance the County's budget. If these
services are cut, there will certainly be an impact on the Public Safety of
residents of Dublin, as well as Alameda County.
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COPIES TO:
ITEM NO. '.1
CITY CLERK I
FILE~! .~
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In order to gi ve Alameda County voters an opportunity to maintain these
services in the event the Statewide Sales Tax Ballot Measure fails, the
County Board of Supervisors has placed a County Ballot Measure on the
November 1993 ballot (Measure A) which would impose a one-half cent sales
tax in Alameda County only.
Representati ves of Alameda County will be present at the City Council
meeting of September 27, 1993 to make a presentation to the City Council on
the importance of passing Proposition 172 and/or Measure A to Alameda
County's Criminal Justice System.
a: 927-172
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RECEIVED
. SEP 7 1993
CITY or.: DUBLIN
COUNTY ADMINISTRATOR
STEVEN C. SZALAY
COUNTY ADMINISTRATOR
September I, 1993
SUSAN S. MURANISHI
ASSISTANT COUNTY ADMINISTRATOR
Richard C. Ambrose, City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568-1559
Dear Rich:
This is a follow-up to our meeting of August 12, 1993, at which time we focused our
discussions on the devastating reductions that would be required to public protection
programs should the voters not approve Proposition 172 or Measure A. We discussed
the impacts on the system as a whole including the law enforcement agencies within the
cities and other jurisdictions. Enclosed for your information is a document outlining the
specific reductions to county public protection programs.
Based on our discussions, I met on August 30, 1993 with a subcommittee established by
the Alameda County Chiefs of Police & Sheriff's Association (ACCPSA) to discuss the
future impacts upon cities of County-provided public protection services if the one-half
percent sales tax extension fails to pass in November. The following police chiefs were
present: Chief Joe Colletti, Emeryville P.O.; Chief Robert Maginnis, San Leandro P. D.;
Chief Ron Scott, Livermore P.O.; and Chief Craig Steckler, Fremont P.O.; as well as
George Hart, Executive Coordinator, ACCPSA; the Sheriff; District Attorney; Public
Defender; and Chief Probation Officer.
Each police chief expressed concern for the safety of the citizens in their community
should Proposition 172 and Measure A fail. It is their belief that this concern is reflective
of police chiefs throughout Alameda County. They are willing to solicit support from
their respective city councils and expressed a desire to work with you towards that end.
The enclosed resolution in support of Proposition 172 and Measure A has been drafted
for that purpose.
The degree of support needed by the local police chief will vary from city to city. In
those jurisdictions where greater support may be necessary, our Sheriff, District Attorney
and Chief Probation Officer are prepared to work hand in hand with the local police
chief to educate council members on the devastating effects should the ballot measures
fail to pass.
EjXH~BIT 1
1221 OAK STREET' SUITE 555 . OAKLAND. CALIFORNIA 94612 . (510) 272-6984
FAX (510) 272-3784
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I also wanted to inform you that the Board of Supervisors approved my
recommendation to establish a policy guaranteeing the 1992-93 County budget funding
level for public safety departments to be financed with all proceeds from extension of
the one-half percent sales tax and other non-program revenue, if Proposition 172 or
Measure A is approved by the voters. This is important to convey to city councils who
may be concerned with regard to how the Board of Supervisors will use the sales tax
proceeds.
It is imperative that we join together to educate our citizens on the significance of these
ballot issues to the public safety in their communities. It is important that we have the
support of every city council. It is requested that you place a resolution for support of
Proposition 172 and Measure A before your Council at a meeting in September. This
matter will also be discussed at the September 22, 1993 Mayor's Conference meeting.
Please let me know if you need additional information or if you would like to have our
public safety department heads assist in any presentations.
Very truly yours,
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STEVEN C. SZALAY
COUNTY ADMINISTRATOR
SCS:MACph
Enclosures
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cc: Each Member, Board of Supervisors
George Hart, Executive Coordinator, ACCPSA
Cecil Riley, Executive Secretary, Mayor's Conference
Hunter Cutting, Consultant
Sheriff
Public Defender
District Attorney
Chief Probation Officer
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EXTENSION OF 1/2 PERCENT SALES TAX
If the voters do not approve the extension of the 1/2 percent sales tax in November,
the following Public Protecti9n operations will be reduced effective December 1, 1993:
SHERIFF - 269 Positions. Eliminate'a .
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Administration: Nine (9) positions will be eliminated and the department will no
longer be able to provide administrative support to program staff and will lose
its ability to provide financial oversight and to monitor expenditures and revenue
collections.
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Unincorporated Police Services: Forty-eight (48) positions will be eliminated.
The level of police patrol and investigative services provided will be reduced to
such an extent that the response time for all calls will increase: There will be no
response to non-violent property crimes and no investigation will be conducted
for property, auto theft, check forgery, narcotics, vice or misdemeanors. The
Crime Prevention and D.A.R.E. Programs will be eliminated, along with the full
time School Resource Officers serving three high schools in the unincorporated
area.
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Inmate Transportation: Eleven (11) positions will be eliminated. As a result,
inmate transportation services to the courts will be reduced causing delays and
disruption to the criminal courts.
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Consolidated Criminal Records Thirty-one (31) positions will be eliminated. No
records management reports will be produced and no crime analysis information
will be provided. The integrity of the CORPUS data base will be lost, resulting
in sentenciiing difficulties for the courts, errors in jail booking identifications, and
an inability of the users to correctly identify suspects and fingerprints.
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BailiffslMarshals: Twenty-six (26) positions will be eliminated which will result
in a reduced level of security to the courts and an increase of violent courtroom
incidents.
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Santa Rita Tail: Ninety-three positions (93) will be eliminated. Six of 14 housing
units will be forced to close resulting in extreme overcrowding and the potential
for the early release of significant numbers of inmates back to their communities.
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North Countv Tail: Twenty-seven positions (27) will be eliminated. One floor will
close and the inmates moved to Santa Rita, contributing to overcrowding there.
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Office of Emergency Services: Four positions (4) will be eliminated, resulting in
the loss of coordinated countywide emergency response capability and leaving
cities responsible for all emergency planning.
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Coroner: Seventeen positions (17) will be eliminated, resulting in delays in
responding to police agency reqJ.ests for coroner's services and delays in: body
removal, identification, notification of families and in issuing death certificates.
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Animal Control: Three positions ..(3) wJl1 be eliminated and one of two animal
shelters will d.ose. The public will travel greater distances to retrieve and adopt
pets.
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. Inmate Medical Services: Funding for inmate medical services will be limited
to 51 % of that required for the full fiscal year and will result in a loss of
accrediation and county exposure to potenti.~l class action litigation for providing
substandard care.
PROBATION DEPARTMENT.. 236 Positions.. Eliminated
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Administration: Six (6) positions which provide department-wide administrative
and support services will be eliminated.
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Juvenile Hall: One hundred eight (l08) positions will be eliminated, reducing
the number of beds from 302 to 78, forcing the release of all but the most
seriously delinquent/violent minors back into the communities of Alameda
County. Juvenile Hall will not be able to house potentially dangerous minors
who should, under normal circumstances, be housed in a secure setting and in
particular, those minors who commit felonies and who are at risk to themselves
and pose a danger to the community. Based on current population, 78 beds
would not be sufficient to house all of the current serious violent offenders. In-
custody delivery by police agencies will most likely result in immediate release
of most minors due to the unavailability of beds in Juvenile Hall.
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Juvenile Division: Fifty-six positions eliminated in this division will likely result
in continuing criminal behavior and re-arrests as there will be virtually no
supervision of 2,000 juvenile cases. Only two probation officers would remain to
supervise juveniles on probation. The department will lose the ability to provide
front end treatment and diversion of minors referred out of custody. Fewer staff
will be able to supervise 600+ minors placed in foster carel group homes.
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Status Offender Program: One probation officer will be eliminated and
community-based status offender programs will be reduced and/ or consolidated.
Potential loss of 6 of 12 crisis receiving home beds, causing police agencies to
deliver incorrigible/truant/runaway minors to one location in the county
(currently there are two, one in North County, one in South County).
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Adult Division: A loss of an additional sixty-five (65) positions in this division
will leave two probation officers available to provide services to 14,000+
defendants on probation. Serious, violent, high-threat offenders will receive no
supervision.
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DISTRICT A TIORNEY - 97 Positions - Eliminated
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Loss of 73 attorney positions in the District Attorney's Office will mean that no
misdemeanor cases could be charged. This would eliminate all but felony
preliminary hearings in six m~~icipal. courts. Only homicides and the most
serious felonies could be prosecUted; all 'other crimes would remain unprosecuted,
including felony drug offenses and property crimes.
In summary, the District Attorney is the linchpin of the criminal justice system in
Alameda County. The loss of additional attorneys will likely result in the DA's inability
to charge misdemeanor cases and all but the most serious felonies. This will have a
major impact on the other components of the sygtem. The municipal court workload
will be reduced to some felony preliminary hearings, traffic and civil cases. Because the
DA would be unable to staff all Superior Court sessions, felony workload would need
to be consolidated and cases heard in fewer court locations. The Public Defender and
Court Appointed Attorney Program workload will significantly decrease if misdemeanor
cases are not charged as there will be no need to represent indigent defendants arrested
on misdemeanor charges. Future probation caseloads would be reduced by 40% if
misdemeanant offenders are not prosecuted and probation violations will likely not be
prosecuted by the DA.
Police agencies will be faced with a "revolving door" at the county jail and Juvenile Hall
when they make a misdemeanor arrest. There will be no county services available to
offenders or local arresting agencies on misdemeanor arrests and felony cases will likely
be prosecuted on the basis of severity of offense if there are insufficient prosecutors
available. The only alternative for handling misdemeanor prosecutions would be if the
District Attorney grants authority to prosecute to the cities.
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CRIMINAL JUSTICE SYSTEM
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CITIES
- LAW ENFORCEMENT
- Patrol
- Crime Investigation
- Jail
- Crime Prevention
- Domestic Violence Intervention
COUNTY
· SUPERIOR/MUNICIPAL COURT
- Traffic
. Civil/Small Claims
- Criminal
- Family Law
. Juvenile - Dependents/Delinquents
- Probate
- Traffic/Parking Enforcement
- Dispatch
. Animal Control
- Diversion Programs
· DISTRICT AITORNEY
- Investigation
- Prosecution
- Consumer/Environmental Crimes
- WeHare Fraud
- Grand Jury
. SHERIFF · PROBATION
- Law Enforcement Services - Adult Services
patrol, investigation, Sup. Ct Pre Trial Reports
crime prevention, bomb squad Probation Supervision
_ Crime Lab Intensive Drug Treatment
. Animal Control - Juvenile Services
- Detention & Corrections Intake
Santa.Rita, No.County Jail Probation Supervision
Electronic surveillance Family Preserv. Unit
Work Furlough/weekender program Delinquency Placement
_ Court Services 0.5.0. Program
Bailiffs & Marshall - Los Cerros Camp
Inmate Transportation - Juvenile Hall
_ Office of Emergency Services Detention facility
. Coroner Home Supervision Program
_ Consolidated Dispatch Weekend Training Program
- Civil Process
· INDIGENT DEFENSE
- Public Defender
- BAR contract
- Dispute Resolution
- Small Claims Advisor
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ALAME. COUNTY CRIMINAL JUSTICE.STEM
DESCRIPTION OF SERVICES AND FUNDING ISSUES
AUGUST 1993
SUMMARY
The mission of the Criminal Justice System is to provide integrated services designed to
insure public safety and order.
The judiciary is a separate, equal, and independent branch of government. The judicial
system component provides services on a county-wide basis and includes all criminal
and civil court functions at both the superior and municipal court levels. This includes
the courts themselves and the Clerk of the Court, the Superior Court Executive Office
and the Municipal Court Administrators' Offices, providing a full range of clerical and
ministerial duties to the courts and all those other departmental functions which directly
contribute to the operation of the court system.
Other criminal justice departments include: the District Attorney; the defense, the Public
Defender for those who are unable to afford private counsel; the Sheriff who provides
inmate transportation, courtroom security and confinement in two jails and the work
furlough facility; and the Probation Department which provides a variety of information
used by judges in determining dispositions, sentencing and confinement for adults and
for juveniles in juvenile hall and the camp.
The police and safety services component contains the other activities performed by the
Sheriff and includes basic police and animal control services in the unincorporated areas
and on contract for some of the cities; emergency police/ fire/ ambulance dispatching for
designated parts of the County; County disaster planning and response; Coroner-Public
Administrator services; and various criminal investigation and record-keeping services.
The following outlines the services provided by each of the components in the County's
Criminal Justice System and how these services link or interface with each other and
with other law enforcement agencies.
DISTRICT A rrORNEY
The District Attorney is mandated by the California Constitution and the Government
Code to investigate, charge, and prosecute all criminal violations of the laws of
California and to attend all courts in Alameda County; mandated by the Welfare and
Institutions Code to file all petitions and to attend court proceedings involving criminal
activities of juveniles; mandated by the California Constitution and the Penal Code to
provide the Grand Jury with legal advice, conduct investigations and to present evidence
for all indictments. Over 60,000 cases will be charged by the District Attorney during
the current fiscal year. Of those, 10,384 are felonies, 45,883 are misdemeanors and 4,071
are juvenile cases charged with either a felony or misdemeanor offense. The District
Attorney also files probation revocations on re-arrest of persons on probation and may
represent a child where the parent is accused of criminal neglect or abuse.
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t}{~1IBIT 3
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Maior Service Areas:
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Municipal Court Operations: The District Attorney provides prosecution in the
courts of 33 judges in six judicial districts in the County. All criminal violations
are evaluated and/or investigated for charging. Cases charged are prosecuted
through trial. Uncharged cases are subject to citation hearings. Over 47,000
misdemeanor cases were charged in the municipal courts during 1992. Of those
crimes, 6,919 were crimes against other persons (assault, sex crimes,
firearms/weapons, domestic violence), 7,894 were property crimes, 7,695 were for
. drunk driving, 2,894 were drug offenses, and 6,709 were probation violations. In
"1991,83% of all misdemeanor arrests were made by city police agencies.
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Superior Court Operations: The District Attorney provides evaluation and/or
investigation of all felony arrests for charging and prosecution through trial in 15-
22 courts. The DA also prosecutes probation violations, appeals from the
municipal courts, and investigates/prosecutes complex white-collar, multi-
jurisdictional, consumer / environmental fraud crimes and cases filed by the Grand
Jury. In 1991, Alameda County ranked second in the State in crimes per 100,000
population for crimes of willful homicide and robbery and sixth in the State for
violent crimes. Twenty percent of felony arrests were for violent crimes and 41 %
of felony arrests were for drug offenses in 1991 in Alameda County.
At the end of 1992, 144 homicide cases were pending trial, of which 26 were
death penalty cases. Because of the number of serious, violent crimes in this
County, the District Attorney assigns investigators at the municipal court level for
serious felonies. They interview witnesses, gather evidence and maintain contact
with and subpoena witnesses, tasks that are done by local police agencies in many
other counties. In 1991,92% of all felony arrests in Alameda County were made
by city police agencies.
. Juvenile Court Operations: With a staff of 11 attorneys, the District Attorney
evaluates and/ or investigates all juvenile crimes. Charged cases are prosecuted
through detention, jurisdictional and dispositional hearings. In 1990, Alameda
County ranked second in the state for juvenile arrests per 100,000 population for
homicide, forcible rape and vehicle theft. It ranked highest in the state for drug
violations and third for juvenile crimes of robbery and assault. Due to reluctance
on the part of many victims and witnesses to testify because of fear of retribution,
the District Attorney dedicates staff to work closely with witnesses and victims
in order to get them into court. This situation is somewhat unique in Alameda
County; most other counties rely on their police departments to locate witnesses
and serve subpoenas.
. Consumer/Environmental Cases: The District Attorney investigates, charges and
prosecutes criminal! quasi-criminal violations of consumer and environmental
laws as well as major fraud prosecution. These investigations are often complex
and, like welfare fraud, are not typically the result of arrests made by cities.
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Special Investigations Unit: By interagency agreement with the County Social
Services Agency, the District Attorney investigates and prosecutes violations of
welfare assistance programs. In 1991, the first year of District Attorney staffing
in this unit, 48 cases were prosecuted. In 1992, 1,838 cases were referred for
investigation and 75 cases were charged with welfare fraud. In 1993, an
estimated 175 cases will be charged. Welfare fraud referrals differ from other
prosecutions in that they are the result of an investigation conducted by the DA
rather than a city arrest.
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. Other Special Programs: The District Attorney also operates several special
'programs which are primarily funded by grants. These are: victim/witness
assistance, vertical prosecution, career criminal prosecution, major narcotics
vendor, child abuser vertical prosecution, gang violence suppression, anti-drug
abuse program and auto theft prosecution.
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Family Support Division: This operation includes locating absent parents,
establishing paternity, obtaining and enforcing child and spousal support orders.
Support payments are collected to offset Aid to Families with Dependent Children
and foster care aid where applicable. Services also include enforcement of child
abduction laws. There is no county cost to operate this program; it is fully offset
by revenue.
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Grand Jury Operations: The Grand Jury audits and investigates County
government and makes recommendations to the Board of Supervisors for
improvement of government operations. The Grand Jury is also charged with the
responsibility of conducting evidentiary hearings when the District Attorney seeks
a criminal indictment. The District Attorney acts as legal advisor and provides
administrative and investigative support services.
INDIGENT DEFENSE/PUBLIC DEFENDER
The Public Defender serves as defense counsel in criminal cases for all individual
defendants who cannot afford a private attorney. The Public Defender also represents
indigent individuals (minors and other parties) in Juvenile Court matters and in mental
illness commitment hearings. The Public Defender carries out the mandates of the
federal and state Constitutions, County Charter , and state laws relating to the
representation of indigent persons in a cost effective manner consistent with the needs
of the criminal justice system and the requirements of the State Bar Rules of Professional
Conduct.
The Public Defender will open over 61,900 new files this fiscal year, and represent
individuals with matters at nine court locations in the County. Of those, over 11,900
will be felony cases and more than 35,600 will be misdemeanor cases. In addition, the
Public Defender expects to represent 3,300 individuals with matters before the Juvenile
Court. Legal representation will be provided to approximately 68 individuals accused
of murder. Of those charged with homicide, 18 individuals will be defended where the
death penalty is a sentencing option. In 1993-94, the Public Defender will be involved
in approximately 23 murder trials.
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INDIGENT DEFENSE/C.RT-APPOINTED ATTORNEYS tIoGRAM
The County has contracted with the Alameda County Bar Association for indigent
defense in conflict cases since 1975. The County currently contracts for representation
in criminal matters, dependency matters, Small Claims Legal Advisory services and
dispute resolution program administration.
When the Public Defender declares a conflict of interest, an attorney in private practice
who has requested and been approved to represent cases of a specific type and
complexity is selected for appointment on a rotating basis within a given geographic
area of the county. The Bar Association administers the court-appointed attorney
program, selecting attorneys for specific types of case representation, monitoring cases
and approving expenditures. Fees are mutually agreed upon between the County and
the Association.
The current contract for criminal cases provides for representation of 5,580 individuals
at an annual cost of $2.9 million, excluding administration. Of 5,580 projected cases, 60%
are felony representations. The dependency contract estimates 2,426 case representations
at a cost of $657,980 for FY 1993-94, excluding administration.
Also administered by the Bar Association is a small claims legal advisory service, which
provides legal advice free of charge to potential litigants in small claims actions.
Services are provided in North and South county locations. The program is fully funded
by a portion of civil court filing fees.
The Dispute Resolution Act of 1986 provides for the establishment and funding of local
dispute resolution programs, at County option. The purpose of the act is to encourage
the establishment and use of local dispute resolution services as an alternative to formal
court proceedings. Funding for the program is derived from court filing fees. The Bar
Association administers five contracts for services. Three programs provide general
dispute resolution services (e.g., tenant/landlord disputes, neighborhood disputes).
Referrals from police agencies are encouraged. The remaining two programs provide
dispute resolution services/student panels in the Oakland Public School system and
mediation services between juvenile offenders and their victims.
MUNICIPAL COURTS
The mission of the municipal courts is to provide the conununities served by the six
judicial districts a just forum to litigate their civil and criminal disputes by interpreting
and enforcing existing statutes in a way that provides due process, fair treatment and
individual justice to all. .
Virtually all services performed by the municipal courts are mandated by applicable
provisions of the Government Code, Penal Code, Civil Code, Code of Civil Procedure,
Evidence code, the California Rules of Court and the State Constitution.
The Alameda County Municipal Court has forty-three judicial positions: thirty-three (33)
judges and ten (10) court commissioners.
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The municipal court has original jurisdiction over felony matters. The criminal division
files and maintains all records. The municipal court has jurisdiction to accept "not
guilty" pleas, set bail, hear certain motions and conduct preliminary examination
hearings to determine if there is sufficient cause to hold the defendant to trial in
Superior Court. The court can also accept guilty pleas and certify the matters to Superior
Court for actual sentencing.
In misdemeanor matters, the municipal court has total jurisdiction up to any appeal
stage. The Criminal Division is responsible for filing, processing and disposing of all
criminal actions and complaints from the District Attorney's Office. Activities include
arraignment, pleas, motions, bail hearing, motions to suppress, court trials and jury
trials. All matters relating to sentencing and post conviction activity are maintained by
the municipal court. The courts conduct ability' to pay hearings and probation
revocation hearings.
The largest volume of work in the court is the processing of traffic cases. The Traffic
Division is responsible for all traffic related cases including infractions and
misdemeanors. Infractions are the more common vehicle traffic matters issued by the
police departments, highway patrol an other limited jurisdiction law enforcement
agencies. Citations are filed, bail or proof of correction set, courtesy notices mailed and
public counter service provided. Bails and fines are collected, traffic school is assigned,
court dates set, continuances granted, proof accepted, warrants issued, abstracts
prepared, and records of court proceedings maintained.
The municipal court has jurisdiction in civil matters when the amount in question is
$25,000 or less. They accept filings, notify litigants of requirements, accept filing fees,
calendar matters according to local rules of court and maintain all records. Small Claims
is a part of the Civil Division, accepting filings from parties in amounts of $5,000 or less.
All divisions must, in some manner, work with related agencies such as the District
Attorney, Public Defender, Probation, and police agencies.
SUPERIOR COURT
The Alameda County Superior Court's power and authority are vested in the California
Constitution. Its power, procedures and jurisdiction are shaped by the Constitution,
statutory mandates and California State Rules of Court. The Superior Court is charged
with responsibility for hearing disputes, deciding legal issues and trying facts within the
County of Alameda.
The Superior Court is the forum in which citizens and the community seek redress for
criminal misconduct, discrimination, injustice and abuse by governmental agencies, seek
resolution of issues of liability and seek to protect the rights of individuals and the best
interests of families and children. In carrying out its charge, the court must safeguard
the due process rights of individuals - including the rights of criminal defendants,
juveniles charged with delinquent acts and the rights of patients who face involuntary
commitment to a hospitaL
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The Alameda County su.ior Court is a state trial court of Aral jurisdiction which
serves the diverse population of Alameda County. The Court has jurisdiction over:
felonies, juvenile dependency and delinquency matters, family law, probate,
guardianship and conservatorship matters, and mental health writs and hearings.
In addition, the Superior Court serves as the appellate court for the six municipal court
districts in the County.
The Alameda County Superior Court has thirty-nine judicial positions: thirty-four (34)
judges; three juvenile court referees, and two court commissioners. The Superior Court
also h~s two retired superior court judges who sit on assignment full time. The Court
has three divisions; the Northern Division located in Oakland; the Southern Division in
Hayward; and the Eastern Division in Pleasanto!l' There are twenty-four civil and
criminal trial departments, five juvenile departments; one probate department, and
six specialty departments (presiding judge, supervising judge, civil law and motion,
mixed civil non-jury, pre-trial management of asbestos litigation and criminal
arraignment).
The non-judicial employees of the Superior Court provide administrative and support
services to the judges of the Court. Specialized services are provided by Legal Research
Attorneys, Probate Paralegals, Certification Review Hearing Officers pursuant to Section
5254 of the Welfare and Institutions Code, Court Reporters and Electronic Recording
Monitors.
The Superior Court Executive Office provides support and administrative services,
including: technical services (computer applications, training and management and
budget analysis), procurement of materials and equipment for individual departments;
the processing of documents and provision of information necessary to manage the
court's civil and criminal calendars; management of the Court's jury system, including
the provision of jurors for trial departments; and other assistance and support necessary
to the operation of the Superior Court.
In addition to the services listed above, the superior court employees operate three major
mandated activities.
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Family Court Services: Mandated by law, Family Court Services counselors
mediate custody and visitation disputes of parents and guardianship referrals.
They conduct full field investigations and submit written reports and
recommendations to the Family Law judges.
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Court Investi~ators: Mandated by law, Court Investigators conduct investigations
on guardianship petitions filed by relatives. They also conduct investigations in
cases in which petitions for conservatorship are filed and monitor and review
conservatee cases to protect the rights and physical and financial welfare of
conservatees.
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Arbitration: Mandated by law, all general civil cases filed in the Superior Court
are reviewed and those determined to have a value of less than $50,000 must be
referred to arbitration. Staff of the Executive Officer's calendar section review
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each civil case a'make a determination as to wh.er the case should be
referred to arbitration. The court maintains a list of qualified attorneys who serve
as arbitrators. The Superior Court also provides arbitration services to the
municipal courts. Upon order by a judge of the municipal court, cases ordered
into arbitration are sent to the Superior Court's arbitration staff for selection of an
arbitrator and processing.
SHERIFF'S DEPARTMENT
The primary responsibilities of the Sheriff's Department are to: preserve the peace and
enforcl;! the law; serve the courts; operate County jail facilities; coordinate civil defense
and emergency operations; determine the cause of unnatural deaths and to administer
the estates of decedents.
The Sheriff is an elected official and as such serves as an officer of the court and is
responsible for other mandated services which include: keeping the peace and
apprehending persons charged with crimes in the unincorporated area; providing
Coroner and Public Administrator services and acting as the Director of Emergency
Services.
The department is organized into four major divisions; they are: the law enforcement
division, the detentions and corrections division, the county wide services division, and
the management services or administrative division.
MANAGEMENT SERVICES DIVISION
. Administration: This division is responsible for the department's budget
preparation, fiscal management, contract negotiation and administration,
personnel administration, training and internal affairs. The division provides
administrative, clerical and accounting support services to other program areas
within the department.
LAW ENFORCEMENT SERVICES DIVISION
. Police Patrol and Investigation Services: The Sheriff's Department provides a
full range of traditional municipal police services to the citizens of the
unincorporated area with a population of approximately 122,000 or equivalent to
a community with a population the size of Hayward. In addition, the Sheriff's
Department provides police and security services under contract to the City of
Dublin, A/C Transit and the Alameda County Medical Center.
In 1992, over 129,000 patrol units were dispatched, more than 18,000 crimes were
reported and 5,100 arrests were made. There were 7,164 criminal investigations
conducted. The sworn and non-sworn staff assigned to patrol and investigations
work cooperatively with and have strong links to the other local law enforcement
agencies, as well as with the County District Attorney's Office. The Sheriff's
Department has the only fully trained bomb squad in the county and the services
of this unit are available as needed to other local jurisdictions.
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School Resource Officers/O.A.R.E/Crime Prevention: Three full-time school
resource . ~fficers are assigned to the three public high schools serving the
commumtIes of Castro Valley and San Lorenzo. The Sheriff's Department also
has an active D.A.R.E. program and community crime prevention unit. These
three programs are proactive law enforcement programs the focus of which is in
reducing drug use and gang involvement among the young and in providing
community residents with the information they need to protect themselves, their
homes and their neighborhood. The personnel with these assignments work very
closely with County Superintendent of Schools and his staff as well as with
. .neighborhood associations, civic organizations and youth groups.
.
Crime Laboratory: The Sheriff's Departmel1t operates one of only a few licensed,
full service forensic laboratories in Northern California. Its services are used by
local police departments and the District Attorney's Office to examine and
analyze evidence found at crime scenes and to make findings critical to the
apprehension and prosecution of individuals. Through its intoxilyzer program,
approximately 7,500 breath alcohol analyses were performed in 1992 at the
request of local arresting agencies on drunk drivers. In the same year, the Crime
Lab was involved in analyzing the evidence in over 200 major felony cases and
in more than 1,700 narcotics cases.
.
Animal Control: Animal sheltering and control services are provided at two
facilities, one in unincorporated San Leandro and one on the Santa Rita property
in Dublin. Full services are provided to the residents of the unincorporated area.
In addition, the Sheriff's Department has contractual arrangements with the City
of Dublin to provide both shelter and control services for its residents and to
provide shelter services only for the residents of Livermore and Pleasanton. At
both facilities, the employees work side by side with members of active volunteer
organizations to provide the sheltering part of the services. Shelter staff work
closely and cooperatively with the animal control staff of the cities of Livermore
and Pleasanton to extend complete and well coordinated services to the residents
of these two cities. In 1992, over 7,500 animals were impounded, and more than
3,600 were successfully adopted.
.
Consolidated Criminal Records (CCR): This unit is responsible for providing a
variety of criminal record services for law enforcement agencies within the
county. All indictments, booking identifications and mug photo services are
provided for other local law enforcement agencies by CCR. The master
fingerprint document for all individuals booked by any police agency in
Alameda County is held at CCR as part of the CAt 10 database and is available
to all law enforcement agencies for the purpose of making positive identifications
quickly and easily. CCR is responsible for maintaining the currency and integrity
of this database. It is the depository for documents related to registration of all
drug, arson and sex offenders for the entire county. In addition, it provides
evidence photo processing services for most cities. CCR serves as the central
depository for all warrants issued for municipal court matters for the cities of
Fremont, Newark, Union City, Livermore and Berkeley and for the cities of
Oakland and Hayward ip. superior court matters. Every city, exc~pt Oakland,
8
uses CCR to obt~ the most current CORPUS his tori! or rap sheets, on every
mdIvIdual wIth a criminal record in Alameda County. This database is an
integral source of information for not only police agencies but also the District
Attorney's Office, the courts, the Probation Department and the Public Defender's
Office in successfully prosecuting, defending and sentencing individuals.
COUNTY.WIDE SERVICES DIVISION
· Consolidated Dispatch Services: This unit is responsible for conveying
information from the public to law enforcement agencies through communications
personnel to the officer who responds to the call for service or to other public
. ,service agencies such as fire and ambulance in the unincorporated area. This unit
also provides emergency medical dispatch services to the unincorporated area and
to the cities of Pleasanton and Livermore." In addition, Consolidated Dispatch
provides services to the following units within the Sheriff's Department: Inmate
Transportation, Civil, Investigations, Animal Control, Coroner, Work Furlough,
Search and Rescue, Bomb Squad and the Office of Emergency Services. This unit
also provides dispatch services on a contractual or user-fee basis to the following
county and governmental agencies: State of California, Department of Corrections
Parole and Community Services Division; Hayward Recreation and Park District;
County Fire Department; City of Dublin: Police Services, Public Works, and
School District; County: District Attorney's Office, Superior and Municipal
Courts, Probation Department, Social Services Agency, Public Works Agency and
Library.
In 1992, over 438,680 calls were received and in excess of 227,302 details were
dispatched.
. Bailiffs and Marshals: The Sheriff provides bailiff and marshal services to the
superior and municipal courts 'Within Alameda County. The bailiff and marshal
provide security in the court in order to protect the integrity of court procedures,
to sustain the rights of individuals, to deter violence and to maintain the decorum
of the court. Security measures used include those designed to maintain the
physical security of the facilities, to protect the judge, jury and all other
participants in court proceedings as well as the general public. The Sheriff's
Department is also responsible for the transport of inmates to and from court.
In 1992, these services were provided to 68 courts at locations throughout the
county and in excess of 161,000 inmate transportation movements were logged.
. Civil: Government Code Section 26608 and 26603 obligates the Sheriff to obey
court orders and to serve process and notices within specified time frames. The
follo'Wing services are mandated: process evictions and auto levies; serve civil
bench warrants, wage garnishment orders and temporary restraining orders;
conduct civil Sheriff's sales; install civil keepers and process and serve writs of
attachment.
In 1992 approximately 24,000 civil process services were performed.
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Coroner/Public Administrator: The Sheriff, as Coroner, is responsible for the
operation of the County Morgue and for investigating and determining the cause
of all violent deaths and deaths due to unnatural causes occurring within the
County. The investigation includes: observing, photographing and investigating
the scene, and conducting autopsies and toxicology tests. The Coroner is the only
local official authorized by law to remove bodies from the scene. In .addition, the
Coroner is responsible for the internment of indigent and unclaimed dead and for
safeguarding the property of the decedents. In 1992, there were over 3,200 cases
handled by the Coroner.
"The Sheriff, as Public Administrator, administers the estates of county decedents,
who usually have no known next of kin or last will and testament, or whose
property is in danger of being wasted or lost. The Public Administrator provides
real and personal property management, secures, stores and/ or sells the personal
property of decedents. In 1992, the Public Administrator received 86 new cases
bringing total active cases to 320.
.
Office of Emergency Services (O.E.S.): As the Director of Emergency Services,
the Sheriff is responsible for developing coordinated emergency plans, procedures
and services to address the needs of the County and its communities that result
from disasters, both natural and human made and from civil disturbances. The
Office of Emergency Services response planning includes provisions for
communications, field command posts, media briefings, mutual aid, military
support, equipment and transportation requirements. O.E.S. is also responsible
for the recruitment, supervision, training, maintenance and organization of the
following volunteer units: Reserve Deputy Sheriffs, Search and Rescue,
Underwater Rescue and Recovery, and the O.E.s. Fire Department.
In 1992, O.E.S provided coordinated response for approximately 35 incidents.
DETENTION AND CORRECTIONS DIVISION
. Santa Rita and North County Jails: Santa Rita and the North CoUnty Jails are
both Type II, 24 hour detention facilities with an aggregate physical holding
capacity of 4,206 inmate beds. It is the responsibility of the Sheriff to maintain
pretrial, enroute and sentenced inmates in these facilities in compliance with
Minimum Jail Standards as set forth by the State Board of Corrections. The
essentials of human life, that is, medical and mental health care, nutritious meals,
recreation and educational opportunities are provided to those incarcerated. The
continuity of family and community contacts are encouraged by policies
governing visiting, telephone usage and mail. Community involvement is
encouraged through citizen's committees and volunteer organizations.
In 1992, over 69,000 individual bookings were performed. The average daily
population (ADP) at Santa Rita was approximately 3,142, while the ADP at the
North County Jail for the same period was about 425. Both of these facilities are
currently underutilized due to budget and staffing reductions sustained over the
past three years.
10
.
Adult Inmate M.cal Services: Medical, psychiatric It psychological services
are available to all inmates in the custody of the Sheriff. Prison Health Services
provides, on a contractual basis, all medical and inpatient psychiatric services as
well as some psychological services for inmates housed at Santa Rita and North
County Jails in accordance with Minimum Jail Standards as set forth by the Board
of Corrections. In addition to routine medical treatment, Prison Health Services
also provides various specialty clinics such as orthopedic, gynecology and
optometry. Both North County Jail and Santa Rita have fully staffed, 24 hour
operational infirmaries for the care and treatment of non-ambulatory patients.
.
. ,Work Furlough: The Work Furlough Program provides opportunities for certain
offenders to engage in their normal employment while serving their sentences.
Funding for the in custody work furloug~. program, housing 135 inmates was
eliminated as part of the 1993-94 budget process. Three out of custody programs
are currently funded. The Work In Lieu of Confinement (WILDC) Program is
available to eligible individuals who have less than 45 days to serve on their
sentences. Inmates who are accepted are released from confinement on the
condition that they perform forty hours of work per week. WILOC inmates work
for various State, County and City agencies such as the California Department of
Transportation, North County Jail, Santa Rita Jail and the Emeryville.Marina. The
Weekender Program allows court referred inmates to maintain their present
employment while serving their sentences on weekends. Program participants
pay an administration fee and daily maintenance fee to offset the cost of the
program. In 1992, the Weekender Program registered in excess of 77,000 inmate
days. The Electronic Surveillance Program (ESP) allows certain inmates to serve
their sentences at home and or work while being electronically monitored. The
inmate pays a fee to offset the cost of the program. In 1992, on any given day,
there were approximately 44 individuals participating in this program.
PROBATION DEPARTMENT
The Probation Department responds to both statutory and judicial mandates. The level
of service provided by the Department is determined either by specific statute or by the
determination of the Chief Probation Officer. The office of the Chief Probation Officer
is mandated by the Penal Code, the Welfare & Institutions Code and the Charter of
Alameda County.
. Probation Administration: Provides department-wide administration and
support services, including clerical, information systems, training and personnel
support services.
. Adult Probation: Adult probation staff provide pre-trial services (diversion
reports), investigate adult criminal cases, prepare reports to the courts by making
recommendations regarding sentencing dispositions, operate an intensive
supervision and treatment program for drug addicted offenders, supervise adults
diverted or sentenced to probationary status, enforce the conditions' of probation
and provide supervision to probationers from other counties and states. In 1992,
12,528 adult offenders were referred to probation for investigation/report for a
sentencing recommendation. Of those, 6,521 were granted probation, 2,919 were
I
11
granted diversiontd 3,088 were denied probation or .rsion. Of 12,523 adults
on probation in 1992, 1,929 were convicted of crimes against persons (homicide,
robbery, assault, rape, kidnap, extortion and sex offenses). Another 5,919 were
on probation for drug offenses.
.
Juvenile Probation: Juvenile probation staff make decisions relative to detention
or release of minors from Juvenile Hall, conduct investigations, prepare reports
and develop recommendations for the Juvenile Court. They supervise and
counsel minors. The Family Preservation Unit's goal is to divert minors from
foster care placement. When a minor must be placed outside the home, the
_.Placement Unit recommends placement and supervises minors in foster care. In
1993-94 it is estimated that 9,948 referrals will be processed, 2,538 court reports
will be prepared, 1,911 minors will be supervised on probation and 610 will be
supervised in foster care. ..
.
Juvenile Hall: Juvenile Hall is a 24-hour secure detention facility for a maximum
of 302 juveniles. Juvenile Hall is the only facility in Alameda County that
provides secure detention for delinquent offenders and is the juvenile equivalent
of the adult jail. It is also used by the Sheriff's Department to house 16, 17 and
18 year aIds who are being tried as adults. It provides for the care, custody and
control of delinquent minors from all communities in Alameda County, holding
those minors in secure detention until they are adjudicated. This gives probation
officers, district attorneys, public defenders, judges, referees and all components
of the juvenile judicial system an opportunity to sort out facts and determine the
appropriate decision regarding the minor while at the same time protecting the
community.
Other programs in Juvenile Hall include home supervision for minors awaiting
court disposition and the Weekend Training Academy, a work experience and
citizenship program for minors. In 1993-94, it is estimated that the average daily
population of Juvenile Hall will be 273, 62 will be on home supervision daily and
298 minors per month will attend the Weekend Training Academy.
. Los Cerros Camp: Los Cerros is a 24-hour residential program for Alameda
County's seriously delinquent boys who range in age from 13 to 18 years. For
most of these boys, the alternative to camp would be commitment to the
California Youth Authority or placement in group homes or boot camp programs.
Camp staff are dedicated to teaching the values and expectations of society and
the conununity to minors with whom they work. Once a boy graduates from
camp, he is supervised by a probation officer.
. Status Offender Program: The status offender program provides CrISiS
intervention to runaway, incorrigible and truant minors and their families in an
effort to alleviate the crisis and to reduce the need for formal referral to Juvenile
Court. Services are provided through a network of conununity-based
organizations comprised of two 24-hour crisis receiving homes and 11 youth
service centers located throughout Alameda County. Three of the 11 youth
service centers are operated by contract with the cities of Fremont, Hayward and
Livermore. The network,receives about 2,000 referrals per year.
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FUNDING REDUCTIO.
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SHERIFF'S DEPARTMENT
Funding to provide Sheriff's services has been dramatically reduced in the past three
years. The net county cost for the Sheriff's Department has dropped by $15.8 million,
from $92.1 in 1990-91 to $76.3 million in 1993-94 (annualized). This represents a 17.2%
reduction in available resources for the department. As a result, the department has
been forced to eliminate 23% or 309.59 of its full time equivalent positions during the
same three year period. If the voters fail to extend the 1/2 cent sales tax in November,
the department will lose additional employees for a total three year loss of 29% of its
staff.
The Management Services Division will elimina'te nine additional positions thereby
reducing its ability to provide effective financial oversight, including monitoring of
expenditures and revenue collections which will result in an increased potential for
errors and inefficiencies. There will be no administrative support to program staff.
The Law Enforcement Division may be forced to reduce police patrol and investigation
services to the unincorporated area to such an extent that the response time for all calls
for service will increase. There will be insufficient sworn and non-sworn staff to
respond to non-violent property crimes. No investigations will be conducted for
property, auto theft, check forgery, narcotics, vice or any misdemeanors. Drug education
programs to the schools will stop and the school resource officers will be eliminated.
A total of 48 positions may be eliminated. The Consolidated Criminal Records unit may
lose 31 positions and as a result no records management reports will be produced and
no crime analysis information will be provided. The integrity of the CORPUS database
will be compromised resulting in sentencing difficulties for the courts, errors in jail
booking identifications, an inability of the user to correctly identify suspects and
fingerprints and to make arrests of wanted persons. No latent fingerprint investigations
or photo lab services will be provided to outside agencies. One animal shelter may be
forced to close due to the elimination of three positions. As a result, the public will be
forced to travel greater distances to retrieve and adopt pets. Law enforcement services
to the unincorporated area will receive $2.4 million in 1993-94 in a combination of
Business License and Utility User Tax. However, as a result of action taken by the State,
$4.5 million in Special District Augmentation Funds were eliminated. In total, the Law
Enforcement Division may lose as many as 82 employees if there are further cuts this
fiscal year.
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The County.wide Services Division may lose as many as 58 positions if there are
further cuts in resources. Further reductions in services will create significant adverse
impacts on other criminal justice agencies. Security personnel assigned to the Superior
and Municipal courts may be reduced by as much as 19%, resulting in the increased
potential for violent incidents and disruption to court operations. Further reductions in
inmate transportation services will also contribute to criminal court disruption due to
delays in delivering inmates for court appearances. In addition, staff reductions in the
civil process unit will cause civil court disruptions due to writ process delays and
limited or delayed action on evictions. The Office of Emergency Services may be forced
to eliminate its role as county-wide coordinator for emergency response to earthquakes,
fire, flood and hazardous materials spills. Responsibility for all emergency planning will
be fragmented and have to be assumed by indivictual cities.
The Coroner may be forced to reduce investigator and support staff by as much as 55%
which will result in delays in response to police agencies' requests for coroner services.
Delays in the removal of bodies will occur and there will be delays in the identification
of decedents. Notification of families and the processing of death certificates will also
be delayed. The Coroner's hours may be limited to weekdays only, creating a hardship
on other law enforcement agencies, families and funeral homes.
With further cuts, the Detention and Corrections Division may lose 120 sworn and non
sworn positions. The effects on the department's ability to house pretrial and sentenced
inmates has been dramatically affected by the funding and staffing losses sustained by
the Sheriff. Prior to 1990-91, with the opening of the new Santa Rita Jail, Alameda
County had the capacity to house a total of 4,206 inmates in its two detention facilities.
The North County Jail has the ability to house 750 inmates on six floors. The Santa Rita
Jail has the physical capacity to hold 3,456 inmates in 18 housing units. From 1990-91 to
the present, the department has sustained a loss of 1,268 beds. Today the combined
funded capacity at both facilities is 2,938 through November 30, 1993. At that time 1,277
additional inmate beds may be eliminated due to staffing losses if the voters do not
agree to extend the 1/2 cent sales tax. The department will be forced to close six
housing units at Santa Rita and one additional floor at the North County jail, leaving a
total of 1,661 available beds for a current inmate population of 3,220. Overcrowding
currently exists. If the sales tax measure does not pass, overcrowding will be extreme.
The department intends to triple bunk inmates to the extent possible as its first action
and to expand the use of the County Parole program as its second strategy. The level
of medical services provided to inmates will be reduced to such an extent that basic
health care delivery will be in question. The Sheriff will not be in compliance with
Department of Corrections Minimum Jail Standards, leaving the County exposed to class
action litigation and court imposed release orders and penalties.' There will be increased
incidents of inmate violence and reduced officer safety.
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PROBATION DEPARTMENT
In the ,past three years, the Probation Department has been hardest hit with funding
reductIOns. In FY 1990-91 funding was eliminated for probation delinquency prevention
community programs, 20 beds were eliminated from Juvenile Hall and a 2S-bed unit for
the Los Cerros camp program was indefinitely deferred.
In FY 1991-92 the Weekend Training Academy program and staffing was reduced by
50%, resulting in a backlog of minors awaiting participation, increasing the number of
commitments to Juvenile Hall, and eliminating nearly 20,000 hours of service to non-
profit~nd other community agencies. Chabot Ranch, a 90-bed camp for boys and girls
was closed, eliminating this camp as an alternative to foster care, group home placement
or Youth Authority commitment. Closure of Chabot Ranch forced a restructuring of the
Los Cerros program from a camp for 16-18 year 'old boys to one for 13-17 year olds,
increasing the potential for in-camp problems due to mixing younger with older wards.
Funding was also eliminated for community-based adult diversion services and two
halfway houses for inmates being released from jail. This eliminated these programs as
sentencing alternatives for the courts for first-time misdemeanants and 20 residential
treatment beds.
In FY 1992-93, funding for community-based programs was reduced by 2% and a
volunteer services program was eliminated as a sentencing option to the courts. 25 beds
and commensurate staffing for Los Cerros Camp were reduced, reducing its capacity
from 125 to 100 beds, again increasing the potential for foster care, private institutions
or Youth Authority commitments. The Oakland detention center (52 beds) was closed
and converted to day-use only for court appearances. This impacted North County
police agencies who now must deliver all minors arrested to Juvenile Hall in San
Leandro. Adult probation staff were reduced, resulting in higher caseloads and
elimination of presentence reports to the municipal courts.
For FY 1993-94 pretrial services to the courts was eliminated. This program provided
investigation and reports to the municipal courts on whether offenders should be
released from jail on own recognizance pending adjudication. Judges will no longer
have verified information to assist them in making decisions regarding release from
custody on bail or OR. 40 probation officers were eliminated in adult probation,
resulting in only high threat, drunk drivers, drug and auto theft offenders being actively
supervised (drug and auto theft are funded by designated revenue). All probation
services to the municipal courts were eliminated, including domestic violence services.
Superior court investigation will be abbreviated and lack much of the information
previously provided to the courts regarding the offender's background and potential for
successfully completing probation. 10,000 serious, chronic offenders will be released to
the community without probation supervision including surveillance, control, guidance
or referrals for needed psychological, health, substance abuse or financial" assistance.
Status offender program funding reductions will result in consolidation of these services
in fewer locations effective January 1, 1994. One crisis receiving home and several youth
service centers may be closed. Three of 11 youth service centers are operated by contract
between the County and cities 9f Fremont, Hayward and Livermore.
15
In the last three years, t~robation Department budget has .n reduced $9.1 million,
from $37.4 million in FY 1990-91 to $28.3 million (annualized) for FY 1993-94, a 24%
reduction in funding. Full-time equivalent positions have been reduced by 270, from
744.84 in 1990-91 to 474.08 in 1993-94, a 36% reduction in the work force.
Further cuts in the Probation Department budget will likely reduce the number of
Juvenile Hall beds to 78, forcing the release of minors back into the communities of
Alameda County. Juvenile Hall will not be able to house potentially dangerous minors
who should, under normal circumstances, be housed in a secure setting and in particular
those minors who commit felonies who are at risk to themselves and pose a danger to
the co:rnmunity. A recent survey of the population showed 81 of 234 minors housed at
Juvenile Hall were charged with murder, attempted murder, robbery, assault, weapons
or sex offenses. These minors represented 47% of the population on that day. Within
this population, recidivism is high and these are the minors most in need of detention.
Prior to restoring funds to Juvenile Hall, the budget reduction would have reduced the
Hall capacity from 302 to 78 beds. Obviously, 78 beds would not be sufficient to house
the current serious, violent offenders and would preclude police from delivering to
custody minors arrested for any other type of offense. Reducing Juvenile Hall capacity
reduces the ability to provide a safety barrier for the people of Alameda County and
sends a message to the community that Alameda County is not prepared to provide
secure custody for juveniles who commit crimes.
Further reducing or eliminating supervision of adults on probation will likely result in
increased re-arrests, jail and state prison sentences. There will be virtually no juvenile
supervision as further budget reductions will result in the banking of over 2,000 juvenile
cases monitored by just two probation officers. The department will lose the ability to
provide front end treatment and diversion of minors referred out of custody. Reducing
juvenile probation services will have similar results--increased arrests, fewer beds to
house those awaiting adjudication, more releases to the community, commitments to
foster care, private institutions or Youth Authority.
DISTRICT A ITORNEY
Funding and staffing for the District Attorney have been reduced significantly in the past
three years. The net county cost has dropped by $1 million, from $19.5 million in 1990-
91 to $18.5 million (annualized) in 1993-94. As a result, the District Attorney has
eliminated 30% of funded personnel during this three-year period. FY 1990-91
reductions forced the District Attorney to cease prosecutor appearances in misdemeanor
arraignment courts, curtailment of other court-related appearances and a significant
reduction in the early disposition of misdemeanor cases.
Reduced early dispositions correlate directly to an increase in the time required to
process these cases to disposition. There are also certain other court appearances that,
due to inadequate staff, the District Attorney is no longer able to attend. In 1991-92
budget reductions further undermined the District Attorney's ability to comply with
ongoing and increasingly complex statutory, legislative and judicial mandates.
Reductions in the number of prosecutors has resulted in increasing incidence of
inadequate case preparation and the recurrent transfer of cases necessitated by conflicts
in trial schedules among a diminished number of available staff. Reduced prosecutor
staffing may contribute to an in17rease in the number of juries unable to reach a verdict
16
("hung jury"). In the e"t the jury fails to reach a verdict, I District Attorney may
elect to retry the charges when there are sufficient grounds. Thus, an increased number
of "hung juries" may directly result in an increased number of repeat prosecutions or no
further action toward prosecution if insufficient attorney staff are available.
~nadeq~ate prosecution most commonly occurs when the prosecutor developing the case
IS reqUIred to transfer the file ("hand off") to another attorney due to conflicts in trial
schedules. The receiving attorney, by circumstance, lacks the intimate knowledge of the
case and the quality of prosecution therefore may suffer. Depending on what point in
the process the case is "handed off," the adverse impact may range from nominal to
extre~ely aggravated. While the practice of transferring cases has long existed at the
municipal court level, the frequency has been increased in direct proportion to the
number of scheduling conflicts. Of even greater significance is the increasing incidence
of "hand off" cases at the superior court level. This practice is seriously undermining the
ability of the prosecution to prepare criminal cases for trial in a professional manner.
Other reductions in this three-year period included reducing the amount of ~ttorney staff
time devoted to the Grand Jury and the loss of a domestic violence counselor and a
mobile crisis team devoted to domestic violence. The domestic violence cOW1selor
provided crisis intervention, follow-up cOW1seling, resource and referral counseling,
orientation to the criminal justice system, court support, monitoring of cases to keep the
victim apprised of case status and assistance in filing for state compensation. This
counselor was extremely effective as well as having garnered enthusiastic support from
the community. Unfortunately, it was eliminated in FY 1990-91.
In summary, the District Attorney is the linchpin of the criminal justice system in
Alameda County. The loss of additional attorneys will likely result in the DA's inability
to charge misdemeanor cases and all but the most serious felonies. This will have a
major impact on the other components of the system. The municipal court workload
will be reduced to some felony preliminary hearings, traffic and civil cases. Because the
DA would be unable to staff all Superior Court sessions, felony workload would need
to be consolidated and cases heard in fewer court locations. The Public Defender and
Court Appointed Attorney Program workload will significantly decrease if misdemeanor
cases are not charged as there will be no need to represent indigent defendants arrested
on misdemeanor charges. Future probation caseloads would be reduced by 40% if
misdemeanant offenders are not prosecuted and probation violations will likely not be
prosecuted by the DA.
Police agencies will be faced with a "revolving door" at the county jail and Juvenile Hall
when they make a misdemeanor arrest. There will be no county services available to
offenders or local arresting agencies on misdemeanor arrests and felony cases will likely
be prosecuted on the basis of severity of offense if there are insufficient prosecutors
available. The only alternative for handling misdemeanor prosecutions would be if the
District Attorney grants authority to prosecute to the cities.
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PUBLIC DEFENDER
Funding for legal representation of indigents during the past three years has risen by a
modest aggregate of 5.7%, from a net county cost of $16.0 million in 1990-91 to $16.9
million (annualized) for 1993-94. The Public Defender has been forced to eliminate 29
pos~t~ons since 1990-91 and of those, 10 have been attorneys. This decrease in attorney
pOSItlOns represents a 9% reduction in the legal staff, while during the same period, the
annual number of legal representations has remained relatively constant~ The Public
Defender has reorganized the way in which criminal defense is provided in order to
continue to meet workload demands with a diminished legal staff and has worked
closely with the bench to gain their cooperation in scheduling matters so that attorneys
are available to provide representation. Further reductions in the legal staff may result
in the unavailability attorneys and the appointment of private counsel by the judiciary
through the Court Appointed Attorney Program. "
COURTS
Superior Court
In fiscal year 1990-91 Superior Court experienced a net reduction of $955,599 which
included a reduction of 10 positions along with increased revenues. In fiscal year 1991-
92 they had a net reduction of $837,332 resulting in decreased funding for services and
supplies and increased revenues. And in fiscal year 1992-93 further funding reductions
were avoided by using revenues from the Courthouse Construction Fund to offset
additional lease space and automation cost.
The net reduction in Superior Court for fiscal year 1993-94 totals $4,395,325 and
represents a reduction of funding for 23 positions, a reduction is services and supplies
accounts and increased revenues. These reductions will result in the inability to meet
the mandates of the Trial Court Delay Reduction Act with potential delays in matters
throughout the court. A backlog in family court services case processing is expected to
increase and an increase in Superior Court trials may occur due to the reduction in
number of cases the court can refer to arbitration.
Municipal Courts
In fiscal year 1990-91 the Municipal Courts experienced a net funding reduction of
$1,327,000 which included a reduction of 9 positions along with increased revenues.
In fiscal year 1991-92 the Municipal Courts had a net funding reduction of $754,397
which resulted in the loss of 3 positions, decreased services and supplies and increased
revenues. And in fiscal year 1992-93 the net reduction totalled $3,300,000 and eliminated
funding for 10.25 positions. As with Superior Court, further funding reductions were
avoided in 1992-93 by using revenues from the Courthouse Construction Fund.
The net reduction in Municipal Court for fiscal year 1993-94 totals $3,258,533 and
represents a loss of funding for 10.25 positions and increased revenues. This may result
in the inability of the court to meet the Trial Court Delay Reduction Act. Delays in
processing civil and small claims documents may occur. Increased revenue are
anticipated from civil assessments in lieu of fines for failures to appear and failures to
pay.
18
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TRIAL COURT ISSUES
e
TRIAL COURT FUNDING
Th~ Tri~l ,C01.~rt Realignment and Efficiency Act of 1991 increased state funding for
Cahfo.rm~ s trIal courts and mandated reforms in the court system, including court
coordmatIOn. In September 1992, AB 1344 (Isenberg) was signed into law. The bill
among other things, reiterated the Legislature's intent to continue the incremental
increase in the state's share of trial court costs and to include trial court budgets in the
State Budget Act starting in 1993-94. In addition, the bill makes uniform and
dramatically increased filing fees and redistributes these from the court to the state to
help r~lieve the state's fiscal problem.
The Trial Court Realignment and Efficiency Act raised the state's funding from 37.6%
to 50% in 1991-92 and 5% more each year until a 70% share is attained in 1995-96. AB
1344 repeats this intent. However, the ongoing fiscal crisis has delayed implementation
of the plan. State funding provided 51.4 % of the estimated total costs of operating trial
courts in 1991-92 and 50.6 % in 1992-93. With approval of the Governor~s budget for
1993-94, state support for trial courts has decreased 12.8% from the 1992-93 fiscal year.
AB 1344 provides statutory authority for the Judicial Council to create a body to allocate
state funds appropriated for the trial courts. The Judicial Council established the Trial
Court Budgeting Commission, comprised of 26 trial judges from regions throughout the
state to direct and oversee the trial court budget submission and allocations process for
the state's share of costs. Four court administrators and two county administrators serve
as advisory members. This commission will allocate funds on a functional basis for trial
court operations with functions to be transferred from county to state funding
incrementally on a predetermined priority basis. The functions are as follows: judicial
officers, jury fees/mileage, verbatim reporting, interpreters, collections, arbitration, child
custody /visitation mediation, criminal alternative dispute resolution program, court
appointed counsel for dependency cases, data processing, security, and all other court
operations including staffing.
TRIAL COURT FUNDING DILEMMA
The California Constitution states that the Legislature shall prescribe the number of
superior and municipal court judges and provides for the officers and employees of each
court. Government Code section 73084 through 73084.6 specifies the court positions for
each of the municipal courts in Alameda County while Government Code Section 69903
defines Superior Court positions. The Government Code further declares that the county
shall be responsible for funding court operations.
If the county general fund appropriation for courts is reduced without their concurrence,
the county is virtually powerless in its ability to ensure that the courts will live within
the allocation. If the courts determine that the county has failed to provide adequate
funding they can continue to incur expenses at a level they deem necessary to conduct
judicial business.
Once the courts' appropriation is spent they may order the county to pay for expenses
necessary to maintain court operations and if we do not pay these expenses they may
,
19
hold the Board of super.ors in contempt, according to seca 128 of the Civil Code
of Procedures. Orders of contempt are prohibited in the absence of specific findings
regarding the availability of resources or the authority to generate additional resources
without voter approval or incurring indebtedness. However, the county is placed in
jeopardy by a recent proposal in AB 943 to amend Section 128 by providing that the
prohibition does not apply to an order of contempt issued by reason of failure to comply
with an order issued pursuant to the procuring of suitable rooms, chambers, attendants,
and furnishings for the transaction of judicial matters and to the appointment of
additional municipal court personnel in the event of an emergency.
County Counsel has researched appellate decisions on disputes between the courts and
the counties on issues concerning funding and has found a very favorable success rate
for the courts. It is particularly true where the municipal court positions that are
unfunded by the County are those specifically provided for in the Government Code.
The ongoing dilemma faced by the county is the significant loss of state trial court
funding and an expectation by the judiciary that they will conduct court business as
usual. They can do so knowing the court can hold the Board in contempt should court
ordered expenses not be paid.
TRIAL COURT COORDINATION
The most far-reaching court reform was the mandate that all trial courts, in consultation
with local bar association, coordinate administratively and judicially in order to share
resources, improve public access and reduce operating expenses. The coordination plans
were to achieve a 3% statewide reduction in expenditure growth during 1992-93 and 2%
more in each of the following two fiscal years.
In 1992, California trial courts submitted their coordination plans to the Judicial Council.
The courts have produced a range of creative coordination options. Judges of the
superior and municipal courts in the counties of Stanislaus, Sacramento, and Napa are
exchanging assignments to fully use all available judicial time - they are unified to the
extent allowed by the Constitution. Superior and municipal court administrators' offices
are being combined to reduce duplication in Sacramento, Shasta and San Francisco.
Some courts, such as San Bernardino Superior are coordinating court reporters and
interpreters. Other courts such as Ventura, Imperial, and Trinity Counties and the El
Cajon branch of San Diego, began to implement coordination practices even before 1992.
In Alameda County judges are now cross-assigned and municipal courts judges
frequently sit on the bench hearing superior court criminal and civil cases providing for
greater use of judicial resources.
The greatest savings will occur only with the consolidation of the administrative
functions. Currently the Superior Court and each of the six municipal courts have
separate administrators, staff and administrative policies and practices. Full
consolidation of the administrative and support functions of the courts would provide
for a reduction of duplication in management positions, provide for an opportunity to
increase efficiencies in case-processing methods, increase public access and service, and
facilitate training of staff.
20
TRAFFIC COURT REF.MS .
The Trial Court Realignment and Efficiency Act of 1991 required the Judicial Council to
study and report to the Legislature on alternative methods for administrative
adjudication of parking violations and decriminalization of such violations, the economic
effect of decriminalizing minor traffic violations, and alternative methods for
administrative resolution or adjudication of minor traffic violations outside a judicial
forum.
Many of the Judicial Council recommendations were incorporated in AB 409 (Epple).
As of July 1, 1993, contested parking citations are now adjudicated according to the
admir:t.istrative procedures outlined in the bill. Punishment for a violation of a parking
law is changed from a criminal penalty to civil liability. "Fines" and "bail forfeitures"
have been replaced by "civil parking penalties." The schedule of parking penalties, late
payment penalties and administrative fees will be established by the governing body of
the jurisdiction where the notice of violation is issued. The transition from the courts
to the issuing agencies must be complete by January 1, 1994.
The Judicial Council recommended that the adjudication of minor traffic matters remain
in the court system but under relaxed rules of criminal procedure and punishable by fine
only. AB 1344 provides that the Judicial Council adopt a traffic penalty schedule with
four or fewer penalty categories. The council adopted such a schedule in November,
1992. The assessment of 50% late charge is now permitted as an alternative to the
issuance of a warrant in minor traffic cases. This process gives courts a means of
encouraging prompt payment of traffic penalties without the need to add new
allegations to the case, which sets the stage for later, more costly appearances by drivers
on the court's calendar.
UNIFICATION
Senate Constitutional Amendment No.3 (SCA 3) was introduced by Senator Lockyer in
December, 1992. It would eliminate the provisions for superior, municipal and justice
courts and instead provide for district courts, their establishment and jurisdiction and
the qualifications and election of judges thereof. The intent is to place the measure
before the voters at the June or November, 1994 primary election and to become
operative July 1, 1995.
Simply put, trial court unification will maximize judicial control over the trial courts by
eliminating the jurisdictional boundary between superior courts and municipal court.
This will make it possible for presiding judges to more easily handle the daily affairs of
the courts and to contribute to the operational efficiencies necessary to meet the
increasing demands.
Senator Lockyer has argued that "as the demands of accessibility once drove the creation
of separate types of courts, so now the demands of cost and caseload compel greater
efficiencies." Distinct jurisdictions among trial courts limit what a particular judge may
or may not do and lead to a situation where the calendar of one judge may be
overburdened while another judge waits for business. This Constitutional amendment,
the author contends, will remove the Constitutional impediments to unifying California's
trial courts. It will facilitate the "administration of justice and provide for cost savings
by eliminating historical divisio,n of the trial courts that may no longer be justified."
21
The Judicial Council ha~rmed a "SCA 3 Steering COmmitte_o identify public policy
Issues Involved in court unification, develop a comprehensive model plan for unification
of the courts and to identify and draft any Constitutional, statutory and court rule
changes to implement a total unification of the courts. The Steering Committee is
expected to complete its work no later than September of this year.
Potential issues raised by unification include (a) countywide district, (b) single court with
general jurisdiction, (c) compensation and number of judges and (d) election of the
judges.
.
The bill provides that each county shall have a district court with one or
more judges. The proposed constitutional amendment does authorize
districts to be divided into branches but does not mandate multiple
districts or branch counties, nor does it require multiple county districts.
The decision to organize in this fashion will be implemented by statute
subject to approval of local boards of supervisors.
.
The bill envisions a single trial court with general jurisdiction. However,
it does not specifically prohibit "specialization" of caseload. Historically,
a criticism of unification plans has been that unification requires all judges
to become generalists and does not allow courts to use the expertise of
some judges to handle "specialized" calendars. This bill does not preclude
the possibility that courts may use the expertise of certain judges to handle
primarily "specialized trial courts" by calendaring practices at the local
level.
.
The bill makes no specific reference to the compensation of district court
judges. It does preserve the number of judges by providing that existing
superior, municipal and justice court judges shall become judges in the
district courts.
.
The bill states that district court judges "shall be elected in their districts
or branches at general elections." It implies that judges shall be elected on
a countywide basis. If a court is divided into branches, the judges may be
elected through branch elections. In 1991, the United States Supreme
Court held that judicial elections are covered by the Federal Voting Rights
Act. Courts also have discovered that judicial organization schemes that
dilute minority votes may violate the Federal Voting Rights Act.
Therefore, if this Constitutional amendment results in district elections that
dilute minority influence, those elections may be subject to challenge under
the federal law.
MAC 8/12/93
V: \pp \ctsmac.mac
22
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RESOLUTION NO.
- 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************************
SUPPORTING PROPOSITION 172 AND MEASURE A
ON THE NOVEMBER, 1993 ELECTION BALLOT
WHEREAS, the State of California has shifted $97.3 million in
property taxes from Alameda County and $21.9 million from cities within
Alameda County; and
WHEREAS, to partially backfill the local government property tax
loss, the Governor of California has extended the one-half percent sales
tax from July 1, 1993 to December 31, 1993 with the specific intent
those additional tax dollars be spent at the County and City levels of
government for public safety purposes; and
WHEREAS, the State of California has placed Proposition 172, the
Local Public Safety Protection and Improvement Act of 1993, on the
November, 1993 statewide special election ballot, asking citizens of
California to permanently extend the one-half percent sales tax to be
used for public safety purposes by County and City governments; and
WHEREAS, the County of Alameda has passed a resolution supporting
the passage of Proposition 172; and
WHEREAS, the County of Alameda has placed Measure A on the same
ballot which would continue in effect a one-half percent sales tax in
Alameda County to support County public safety services (sheriff, fire
protection, district attorney, public defender, corrections and
probation) and for other County purposes, said ordinance to be
implemented only in the event that Proposition 172 is defeated
statewide; and
WHEREAS, the County Board of Supervisors has established that the
1992-93 funding level be used as the maintenance of effort funding level
for public safety departments should the one-half percent sales tax be
extended by the voters; and
WHEREAS, failure to pass Proposition 172 and Measure A will have
devastating effects on County and City public safety departments by
virtually stripping them of the resources required to carry out their
responsibilities; and
WHEREAS, the reduction of these County Services would have a
significant impact on the public safety of Dublin residents; and
WHEREAS, the Dublin City Council wishes to encourage all citizens
to vote for the passage of p~oposition 172 and Measure A.
rr-~J:'I nrny f
~~ ;il ~"'fu.n M
~G~m 11.: U I
.
e
NOW, THEREFORE, BE IT RESOLVED that the city council of the City of
Dublin does hereby adopt this resolution in support of proposition 172
and Measure A on the November, 1993, election ballot.
PASSED, APPROVED AND ADOPTED this 27th day of september, 1993.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
city Clerk
a: reso-172.agenda,13
----------
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby adopt this resolution in support of Proposition 172
and Measure A on the November, 1993, election ballot.
PASSED, APPROVED AND ADOPTED this 27th day of September, 1993.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
a:reso-172.agenda#13