MARICOPA COUNTY A T T O R N E Y ’S OFFICE 1998 ANNUAL REPORT T MARICOPA COUNTY ATTORNEY is dedicated to the vigorous prosecution of those who commit crimes within the county. As the chief advocate for the State and the citizens of the community in criminal matters, the County Attorney seeks to provide the highest quality service and to maintain the integrity of the criminal justice system. Criminals must be held accountable, while assuring that the statutory rights and emotional needs of victims and witnesses are properly addressed. Additionally, the County Attorney seeks to implement, promote and participate in programs that reduce crime and enhance the quality of community life. The County Attorney also contributes to excellence in local government by providing complete legal services to the county, its officers and political subdivisions. HE M I S S I O N S T A T E M E N T 1 MISSION A Message From the Maricopa County Attorney . . . . . . . . . . . . 3 Victims’ Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 T A B L E Victim Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 O F Victim Witness Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Victim Services in Development . . . . . . . . . . . . . . . . . . . . . . . 10 Victim Witness Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Office Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Richard M. Romley, Maricopa County Attorney . . . . . . . . . . . . 16 C O N T E N T S For More Information . . . . . . . . . . . . . . . . . . . . . . inside back cover 2 E VERY YEAR, MY OFFICE PROSECUTES thousands of adult and juvenile offenders for crimes committed in our community. Newspaper and television headlines often report on the crime and the crime suspect, but rarely share the pain or anguish left behind. All too often, victims of crime are left physically harmed or financially devastated because of a criminal act of another. Long before I became County Attorney, I was concerned that the hardships victims face were made worse by the criminal justice process. Victims often lacked information about the criminal justice process, were never told of court dates and were not permitted to have a voice in the sentence of the defendant. In short, victims were treated as mere evidence. It was my goal to see that this changed. In 1989 I was honored to serve on the Arizona Victims’ Constitutional Rights Steering Committee. For nearly two years, I — along with victims, victim service providers and other professionals — worked to see that constitutional rights for victims would become a reality in Arizona. In November 1990, the Arizona Victims’ Bill of Rights was passed into law — becoming the first comprehensive constitutional victims’ rights bill in the country. Now, nearly 10 years later, over 36 states have enacted constitutional amendments providing rights for victims. One of my first priorities after being elected County Attorney was to enhance the services provided to victims participating in prosecution by ensuring that victim advocates were available to explain the court process, provide supportive counseling and social service assistance. Since then, the Maricopa County Attorney’s Office has been recognized by many national and local organizations for the manner in which victims are treated. Today, all of the employees of the County Attorney’s Office work together as a team to ensure that victims are afforded their rights, are provided necessary supportive services, and are given a voice in the criminal and juvenile justice process. It is for these reasons that this year’s annual report will focus on the services this Office provides to victims of crime. To all of the staff of the Maricopa County Attorney’s Office, I want to thank you for your dedication to our community. Through your efforts, the citizens of this county are protected and the needs of victims are respected. Sincerely, Richard M. Romley Maricopa County Attorney A M E S S A G E F R O M T H E M A R I C O P A C O U N T Y A T T O R N E Y 3 The citizens of Arizona approved an amendment to the Arizona State Constitution in 1990 and created the Victims’ Bill of Rights. V I C T I M S’ B I L L O F R I G H T S § 2.1. VICTIMS’ BILL OF RIGHTS To preserve and protect victims’ rights to justice and due process, a victim of crime has a right: 1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process. 2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped. 3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present. 4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing. 4 5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant’s attorney, or other person acting on behalf of the defendant. 6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition. 7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant. 8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury. 9. To be heard at any proceeding when any post-conviction release from confinement is being considered. 10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence. 11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims’ rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights. 12. To be informed of victims’ constitutional rights. RIGHTS VICTIM SERVICES MISSION STATEMENT T HE VICTIM WITNESS DIVISION of the Maricopa County Attorney’s Office is committed to balancing the scales of justice by empowering victims of crime to exercise their rights. Our Division strives to promote fairness, V I C T I M S E R V I C E S respect and dignity for crime victims while advocating for their constitutional rights. Through this process we strive to reduce the trauma associated with participation in the Criminal and Juvenile Justice System and provide victim assistance and victim compensation services in order to “make the victim whole again.” We value these ideals not only because victims deserve no less, but because our community’s sense of decency is enhanced when these rights and services are part of our justice system. VICTIM SERVICES 5 The Maricopa County Attorney’s Office prosecutes thousands of adult and juvenile offenders for crimes committed in Maricopa County. The victims of those crimes are often left physically and emotionally harmed or financially devastated. In an effort to “make the victim whole again,” the Maricopa County Attorney’s Office Victim Witness Division strives daily to provide victims’ rights assistance and supportive services to over 25,000 victims of crimes committed by adult and juvenile offenders. During 1997 the Division provided 417,543 victims’ rights services to victims of adult offenders and 140,403 services to victims of crimes perpetrated by juveniles which included notification of all criminal or juvenile proceedings, the right to refuse a defense interview, the right to confer with the prosecutor about the disposition of the criminal or juvenile offense, including the victim’s views about plea or sentence negotiations, and the victim’s right to be present throughout all criminal proceedings in which the defendant has the right to be present. In addition, Victim Witness Advocates provided over 291,000 victim assistance services which included crisis counseling, social service referrals, emergency food and shelter, criminal and juvenile justice system advocacy and victim compensation assistance and referral. SERVICES INNOVATIVE PROGRAMS ASSIST CRIME VICTIMS The Maricopa County Attorney’s Office created new, innovative programs to help victims during the prosecutorial process. V I C T I M W I T N E S S P R O G R A M S • Victim Compensation Bureau The Victim Compensation Bureau within the Victim Witness Division provides financial assistance to cover lost wages, medical expenses, counseling services, and funeral expenses to victims of crime in Maricopa County. Each claimant for compensation may be reimbursed up to $10,000 to cover out-of-pocket expenses incurred because of the crime. The Bureau provided more than $650,000 in reimbursement fees to victims of crime in 1997. The Victim Compensation Board, consisting of community volunteers, reviewed over 500 requests for compensation. In many of these cases, the Victim Compensation Bureau successfully negotiated with many service providers to accept 50% as payment in full, resulting in a savings of over $160,000, which enabled the Bureau to financially assist more victims. 6 • Spanish Speakers Assistance Program The Spanish Speakers Assistance Program was created to better service victims whose primary language is Spanish. This language barrier often prevented them from exercising their victims’ rights. In 1997, all correspondence and information utilized by the Victim Witness Division for English speakers was translated into Spanish. During 1997, the program assisted 3,232 Hispanic victims in exercising their victims’ rights and providing supportive social services. PROGRAMS • Kids in Court Program The Maricopa County Attorney’s Office Kids in Court Program brings attorneys, judges and social workers together to help child victims and witnesses prepare to testify in court. The driving force behind this program centers on the idea of getting children into a courtroom setting to help reduce their anxiety about testifying by providing information about the criminal justice system before they are called to testify. Victim Witness Advocates, volunteers, attorneys, and a Superior Court Judge meet with child victims to do role playing, to talk about what to expect during the trial, and to work with parents throughout the trial process. The program has been tremendously successful at reducing the anxiety and trauma to both children and parents during the trial process. In 1997, 106 child victims and witnesses attended a Kids in Court educational session. 7 • Volunteer/Intern Bureau The Maricopa County Attorney’s Office formed a Volunteer/Intern Bureau in 1997. This Bureau is devoted to developing and fostering relationships with individuals who wish to volunteer their time and energy to help victims of crime. This program has been tremendously successful at assisting Victim Witness Advocates’ work with victims. Volunteers go through an intensive three-day training session. Many volunteers work with victims throughout prosecution to provide victims rights and assistance services, case and criminal justice information, and to escort victims to court appearances. In 1997 volunteers and interns provided over 700 hours of victim services. • Services for Neighborhood Associations In 1997, the Arizona State Legislature enacted legislation to provide victims’ rights to Neighborhood Associations. In Maricopa County, neighborhoods are all too often subjected to crimes involving drugs and prostitution. In an effort to keep Neighborhood Associations apprised of the prosecution of adults and juveniles in their community involved in these types of crimes, the Victim Witness Division provides notification of all court proceedings to a designated representative of the Neighborhood Association upon request. During 1997, Neighborhood Associations were provided victims’ rights services in over 300 cases. • Victim Notification System The Victim Notification System is a computer application specifically designed to generate letters that inform victims about hearings, court dates and other important dates associated with the case. The Victim Notification System also assists Victim Witness Advocates in managing their victim 8 cases. The program allows advocates to track cases, track correspondence with victims, and track victim assistance related matters. This system is an extremely important tool for the Maricopa County Attorney’s Office because it efficiently allows the Victim Witness Division to keep victims informed of case status while continuously informing victims of their rights throughout the entire court process. The Victim Notification System generated over 130,000 notification letters to victims in 1997. • Victim Satisfaction Survey The Maricopa County Attorney’s Office strives to provide services to victims which enable them to exercise their constitutional and statutory rights and aid them while they are participating in prosecution. In an effort to determine their satisfaction with the services provided by prosecutors, advocates and other employees, the Maricopa County Attorney’s Office began mailing surveys in December 1996 to victims upon the disposition of the criminal or juvenile case. From these surveys, the Maricopa County Attorney’s Office is able to address any problems or issues relating to victim services. Ninety-five percent (95%) of the surveys returned in 1997 expressed the victims’ frustration with the criminal and juvenile justice process and ninety-one percent (91%) of the surveys rated the employees of the Maricopa County Attorney’s Office as either good or excellent in the services they provided to victims. The Maricopa County Attorney’s Office has done a tremendous job of protecting the rights of crime victims. However, victims’ rights can never be fully realized until there is participation from all entities involved in the criminal justice process. The Maricopa County Attorney’s Office will never waiver from the challenge to ensure that victims are treated with fairness, dignity and respect by the entire criminal justice system. 9 V I C T I M A NEW PROGRAM is in the development stage that will enhance Victim Witness services for victims and the community. The proposed project centers on the creation of a crisis response team. S E R V I C E S I N Crisis Response Team D E V E L O P M E N T The crisis response team will provide immediate counseling at the scene of the crime to help victims begin to deal with the emotional effects of crime. Advocates and volunteers will be on hand to work with victims through the grieving process, be available to answer questions about the crime and provide referrals to Valley social service agencies. The goal of the Crisis Response Team is to: 10 1) give victims of particularly heinous crimes immediate crisis counseling; 2) help reduce secondary victimization from other county agencies 3) by serving as the liaison between the victim and the agency; and provide the opportunity for advocates and volunteers to immediately bond with the victim in an effort to enhance prosecution of cases. VICTIM SERVICES Number of Victims Adult Juvenile FY ’97/’98 Change From ’96/’97 17,972 7,629 Number of Victim Services Adult Juvenile 2.9%* 135.9%* FY ’97/’98 Change From ’96/’97 611,319 237,728 7.8%* 141.7%* V I C T I M W I T N E S S S T A T I S T I C S *Juvenile Victims’ Rights became effective September 1, 1997 BREAKDOWN OF VICTIM RIGHTS SERVICES FOR ADULT AND JUVENILE CASES Number of Victims’ Rights Services Notice to victims of their rights and how they may confer with the prosecutor during the prosecution of the case Notice to victims of all scheduled criminal or juvenile proceedings Notice to victims regarding the conviction and their sentencing rights Notice to victims regarding the sentence imposed on the defendant or juvenile and post-conviction or post-adjudication rights Notice to the victim of the defendant’s request for an interview and victim’s right to refuse the interview Total Victims’ Rights Services FY ’97/’98 Change From ’96/’97 256,619 9.1% 61,320 1.4% 157,040 100.2% 57,143 56.9% 1,198 75.1% 557,946 +35.3% BREAKDOWN OF VICTIM ASSISTANCE SERVICES FOR ADULT AND JUVENILE CASES Number of Victim Assistance Services FY ’97/’98 Change From ’96/’97 Information and referrals to community agencies 1,180 12.8% Crisis counseling 1,974 6.9% Short-term counseling Emergency food and shelter 46,902 64 20.6% 39.1% Criminal Justice System support and advocacy 59,098 16.4% 1,511 180,372 66.0% 20.3% 291,101 +19.5% Victim Compensation claim assistance Notification services Total Victim Assistance Services 11 ADULT FELONY CASE FILINGS Crime O F F I C E S T A T I S T I C S FY ’97/’98 Part I, UCR* Homicide Sexual Assault Robbery Aggravated Assault Burglary Arson Vehicular Theft Theft Part II, UCR* Drug Related Other Offenses Total Change From ’96/’97 162 96 751 2,387 1,869 26 1,429 1,429 –3.0% –16.5% 14.3% 5.4% 9.8% –31.6% 45.5% –3.5% 13,703 4,640 4.0% 18.4% 26,492 8.1% *Federal Bureau of Investigations Uniform Crime Report 12 JUVENILE PETITION FILINGS Crime FY ’97/’98 Change From ’96/’97 Part I, UCR* Homicide Sexual Assault Robbery Aggravated Assault Burglary Arson Vehicular Theft Theft 11 8 131 679 1,272 31 754 2,208 –35.3% –27.3% –39.6% –14.4% –3.9% –3.1% –13.9% 19.5% Part II, UCR* Drug Related Other Offenses 1,434 4,530 –0.6% 2.2% 11,058 0.6% Total *Federal Bureau of Investigations Uniform Crime Report (Note: After July 1997 juveniles 15 years and older accused of committing homicide, aggravated assault and other violent crime were charged as adults under the Juvenile Justice Reform Act.) STATISTICS ADULT CASES FILED FY ’93/’94 to FY ’97/’98 Violent and Non-violent Crimes as defined by Part I, Uniform Crime Report 13 JUVENILE PETITIONS FILED FY ’93/’94 to FY ’97/’98 Violent and Non-violent Crimes as defined by Part I, Uniform Crime Report CONVICTION RATE Superior Court Cases, FY ’97/’98 14 Overview of the Maricopa County Attorney’s Office • One of the six largest prosecuting attorney’s offices in the country. • Staff of 787 including 266 prosecutors, 32 attorneys handling civil matters, 57 legal assistants, 47 victim witness advocates, 53 investigators, and 332 support and administrative staff. • Eight support staff volunteers, 34 victim witness advocate volunteers, and 67 legal assistant volunteers. • Five locations throughout Maricopa County including offices downtown and Mesa, juvenile offices in West Phoenix and Mesa. In fiscal year ’97/’98, over 20,000 adult felony matters were concluded in Superior Court. Over 89% of these cases resulted in a conviction, 10% resulted in dismissal, often for reasons such as a conviction in a related case, death of the defendant, or inability to locate key witnesses. Less than 1% of the dispositions were the result of acquittal at trial. The Maricopa County Attorney’s Office conviction rate continues to exceed the national average. The Maricopa County Attorney’s Office was well represented in the Veterans Day Parade. 15 Above: The Slumlord Task Force was unveiled. Right: Law enforcement agencies teamed up to battle an international drug cartel. Funds from the Office’s RICO account are used to support youth programs such as ballet folklórico dancers. Below: Victim Rights Advocates celebrate the April 1998 kickoff of Victims’ Rights Week. 1998 Richard M. Romley R I C H A R D M. R O M L E Y 16 Maricopa County Attorney 1989–Present Nationally recognized, Rick Romley has earned the reputation as a leader in criminal justice issues. In his third term as the Maricopa County Attorney, he is responsible for administering the sixth largest prosecuting attorney’s office in the United States. As such, Rick is often turned to for advice and counsel on issues important to Arizona and our Nation. Rick has been invited to testify before Congress and to address national organizations on issues such as violent crime, terrorism, drug trafficking and public corruption. In November of 1997, Rick was honored in Washington, D.C., and presented with the National Leadership Award. In his essay, “There Are No Civilized Crimes” (Wall Street Journal, December 18, 1995), Rick reflects a comprehensive understanding of the many dimensions of criminal behavior and his commitment to working toward solutions. Rick has championed many prosecution and reform policies. He helped Arizona become one of our Nation’s first states to pass a Constitutional amendment which guarantees that victims are afforded certain rights during the criminal justice process. He played a leading role in rewriting Arizona’s Criminal Code, which resulted in “Truth-in-Sentencing” statutes that require convicted criminals to serve their full time. Rick was a prominent figure in the drive to reform Juvenile Justice. It was under his direction that AzSCAM, the most significant public corruption case in Arizona’s history, was successfully investigated and prosecuted. For the past two years, he has been a key sponsor of the Phoenix Violence Prevention Initiative — an effort to develop a long-term and comprehensive strategy to prevent violent crime. While Rick is known as a tough prosecutor, he also believes in the need to develop integrated public policies that enhance public safety. His strategy ensures that chronic and violent offenders are prison bound while promoting programs that prevent youth from starting on the path towards crime. Through his vision, citizens in Maricopa County are seeing improvements in their neighborhoods — a dramatic decrease in graffiti, reduced blight and substandard living conditions, reduced crime rate by chronic offenders, and growth in the number of positive and productive youth. On a personal note, Rick was born in Tucson, Arizona, in 1949. Continuing a family tradition of over one hundred years, Rick and his wife, Carol, make their home in Arizona. They have three sons: Darren, David and Aaron. As a youth, Rick joined the United States Marine Corps and served as a squad leader in Vietnam until wounded. After returning from Vietnam, he enrolled at Arizona State University, graduating with honors in 1974 with a Degree in Business Management. He then began a five-year career as the owner-operator of a retail business. During this time he decided upon a career change, sold his business, enrolled in law school at Arizona State University and received his Juris Doctorate in 1981. Since then, he has been a prosecutor committed to a career in public service. Rick Romley takes pride in being an innovative, aggressive prosecutor dedicated to improving the quality of life for the citizens of Maricopa County. F on the Maricopa County Attorney’s Office, please use the following numbers: OR MORE INFORMATION F O R I N F O R M A T I O N Maricopa County Attorney’s Office Downtown (Main Number) . . . . . . . . . . . . . . . . . . . . . 506-3411 301 W. Jefferson Street • Phoenix, AZ 85003 Victim Witness Downtown . . . . . . . . . . . . . . . . . . . . 506-8522 Victim Compensation Bureau . . . . . . . . . . . . . . . . . . 506-4955 Victim Witness Volunteer Bureau . . . . . . . . . . . . . . . 506-4922 Southeast Facility (Main Number) . . . . . . . . . . . . . . . . 506-2400 222 E. Javelina, Suite 2400 • Mesa, AZ 85210 Victim Witness Southeast Bureau . . . . . . . . . . . . . . . 506-2488 Juvenile Division Eastside Office (Main Number) . . . . . 962-8002 540 W. Iron Avenue, Suite 110 • Mesa, AZ 85210 Victim Witness Juvenile Eastside Bureau . . . . . . . . . . 962-8002 Juvenile Division Westside Office (Main Number) . . . . 455-3877 3501 W. Osborn Avenue • Phoenix, AZ 85019 Victim Witness Juvenile Westside Bureau . . . . . . . . . . 455-3877 Wells Fargo Facility (Main Number) . . . . . . . . . . . . . . . 372-7350 100 W. Washington, 21st Floor • Phoenix, AZ 85003 Specific Information on Programs of Interest Kids in Court Program . . . . . . . . . . Media Relations . . . . . . . . . . . . . . . Speakers Bureau . . . . . . . . . . . . . . Maricopa County Demand Reduction Adoptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M O R E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506-8522 506-3411 506-7799 506-7799 506-1671 Hotlines Hate Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506-5000 Slumlord . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372-7586 Graffiti Busters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495-7014 R ICHARD M. ROMLEY Maricopa County Attorney 301 West Jefferson Street, Suite 800 Phoenix, AZ 85003-2151