Arizona Criminal Justice Commission Statistical Analysis Center Publication Our mission is to sustain and enhance the coordination, cohesiveness, productivity and effectiveness of the Criminal Justice System in Arizona Fill the Gap FY 2006 Report January 2006 ARIZONA CRIMINAL JUSTICE COMMISSION Vice-Chairperson ROBERT CARTER OLSON Pinal County Attorney JOSEPH ARPAIO Maricopa County Sheriff DOUGLAS L. BARTOSH, Chief Cottonwood Police Department DUANE BELCHER, Chairperson Board of Executive Clemency DAVID K. BYERS, Director Administrative Office of the Courts CLARENCE DUPNIK Pima County Sheriff JENNIFER ECKSTROM, Mayor City of South Tucson TONY ESTRADA Santa Cruz County Sheriff TERRY GODDARD Attorney General DANIEL HUGHES, Chief Surprise Police Department BARBARA LAWALL Pima County Attorney TOMMIE CLINE MARTIN Gila County Supervisor RICHARD MIRANDA, Chief Tucson Police Department RALPH OGDEN Yuma County Sheriff DAVID SANDERS Pima County Chief Probation Officer DORA SCHRIRO, Director Department of Corrections LINDA SCOTT Former Judge ANDREW P. THOMAS Maricopa County Attorney ROGER VANDERPOOL, Director Department of Public Safety JOHN A. BLACKBURN, JR. Executive Director PHILLIP STEVENSON, Director Statistical Analysis Center JOY LITZENBERGER Research Analyst TABLE OF CONTENTS Executive Summary i Introduction 1 Research Purpose 1 Research Methods 2 Arizona Legislation 3 Arizona Case Timelines 5 Report Layout 6 Fill the Gap Plans and Activity 7 Apache County 8 Cochise County 12 Coconino County 16 Gila County 21 Graham County 25 Greenlee County 29 La Paz County 33 Maricopa County 37 Mohave County 42 Navajo County 46 Pima County 50 Pinal County 54 Santa Cruz County 58 Yavapai County 61 Yuma County 65 Arizona Fill the Gap Funding 69 Case Processing Data Collection Improvement 70 Findings 73 Conclusion 74 Appendix A: Arizona Revised Statutes Authorizing Fill the Gap Funding 75 Appendix B: State Aid to County Attorney Expenditures by County 81 Appendix C: State Aid to Indigent Defense Expenditures by County 82 Arizona Criminal Justice Commission EXECUTIVE SUMMARY Fill the Gap funds come from two sources. General fund appropriations are made by the state Legislature to fund part of the program, and the remaining funding comes from fine surcharges. In FY2006, the Legislature appropriated $157,700 to thirteen county attorney’s offices, and $150,100 to thirteen county indigent defense programs. Pima and Maricopa Counties were not funded by the Legislature due to a provision in the funding excluding counties with more than 500,000 residents. Fine revenue provided a total of $847,800 to the fifteen county attorney’s offices and $805,500 to the fifteen county indigent defense programs. Indigent defense funds go to the Public Defender’s Office, where applicable, and to the Superior Court for use on indigent defense purposes in counties with no Public Defender’s Office. In all, the county attorneys and indigent defense offices received $1,960,600 in FY2006. The Fill the Gap program provides resources to all the county attorneys, public defenders, and courts to improve case processing. This program began in 1999, due to a gap in funding caused by funding increases to law enforcement and the prison system in the 1990s, along with a large population increase, that resulted in an increased caseload for these offices. The criminal courts were not meeting the case processing time mandates set out in the Rules of Criminal Procedure, due to increased caseloads and other factors such as inadequate technology, insufficient personnel levels, staff turnover, and legal mandates. In 1999, Arizona Senate Bill 1013 was passed into law. It came to be known as Fill the Gap (FTG) program, and it provided local courts, county attorneys, and indigent defense with state funds to be used for improving criminal case processing. The legislation created three funds, each intended to aid separate stakeholders in the court process: county attorneys, public or indigent defenders, and the courts. The three funds receive monies from appropriations and from fees collected by the Supreme Court and the Court of Appeals. The monies are dispersed to the funds according to a formula based on county population and a three-year average of criminal case filings. The Arizona Criminal Justice Commission (ACJC) is responsible for administering the funds for the county attorneys and indigent defense and annually reporting on how those funds are used and “the progress made in achieving the goal of improved criminal processing” (A.R.S. §41-2409). The Administrative Office of the Courts is similarly required to administer and report on the funds distributed to the courts (A.R.S. §12-102.02). In FY2006, Fill the Gap funds were primarily used to hire additional personnel, improve technological capacity, and fund specialized courts such as DUI/Drug Courts and Early Disposition Courts. The specialty courts were created to increase the speed in which cases that warranted treatment or plea bargains could be handled. This is done in a quick and efficient manner by bringing appropriate prosecution, court, defense, and treatment personnel together quickly following a defendant being charged. Appropriate Fill the Gap FY2006 i Arizona Criminal Justice Commission discovery and background work are done prior to the hearings so that cases can be disposed without delay. In FY2005, agencies were asked for the first time to submit a plan for the use of FY2006 Fill the Gap funds, in an effort to improve planning and coordinated spending by agencies within the same county. Counties utilizing specialized courts have been particularly vigilant about coordinating efforts between the courts, county attorneys and indigent defense, as this coordination is necessary for the specialized courts to work. While not all agencies were able to submit plans, the vast majority did. There was an increase in plans submitted for FY2007, as agencies became more familiar with the requirement. In addition, the annual reports normally required of agencies were all submitted. These annual reports and plans were used to produce this report. In attempting to measure how well agencies are meeting state case processing standards, agencies were asked to report statistical information on case processing times. Several issues impeded reporting of this information in a comparable fashion, particularly a lack of standardized definitions, and in that a case begins at the time of charging for county attorneys, but not until a case is assigned for most public defenders. In addition, some cases were excluded by some counties, particularly capital cases, and cases covered by special case processing timelines, warrants, and diversion cases. With diversion cases, a case is not complete until a defendant successfully completes treatment, even if they are diverted to treatment in a timely fashion. One way to remedy this issue would be to have the courts report on case processing by county, rather than the individual agencies reporting their information. An increase in cooperation between agencies, coupled with technology improvements, results in more electronic transfer of information between agencies, particularly the transmission of discovery documents in a timely fashion. By transferring this data more quickly, agencies are better prepared to prosecute and defend cases in a more efficient manner. While Fill the Gap funding increased in FY2006 in fourteen of the fifteen counties, agencies are still struggling to meet state case processing standards. Agencies are working to improve technological capacity and interagency cooperation, while trying to increase staff levels, but do not have the resources necessary to meet the increased demands created by an increased caseload and recent court decisions. Agencies generally cited a need for more funding in meeting case processing goals. Fill the Gap FY2006 ii Arizona Criminal Justice Commission INTRODUCTION The Fill the Gap program began in 1999 to provide resources to all the county attorneys, the public defenders, and the courts to improve case processing. Prior to the program, law enforcement resources had been increased at the federal and local level, providing needed manpower. However, this increase resulted in an increased number of cases handled in the court system. The increased caseload resulted in increased case processing times, creating a gap between arrest and disposition (Arizona Office of the Court’s Fill the Gap Annual Report, 2005, pg. 2). It was believed that with additional funding, criminal courts in each county could meet the time processing mandates that the Arizona Supreme Court established in the Rules of Criminal Procedure and reduce the “gap” created by increased funding to other components of the criminal justice system. The need to demonstrate effectiveness in all levels of government has become a priority at both the state and national level. This is especially true in the criminal justice system. In the area of criminal case processing, this increased focus on demonstrating effectiveness has moved courts toward implementing case processing performance measures. The Supreme Court of Arizona made this priority clear in A Strategic Agenda for Arizona’s Courts 2005-2010, where one of the goals was to make the court accountable. The underlying concept is “what get measured gets done” (http://www.supreme.state.az.us/goodtogreat/goal3.htm). Performance measures, such as those developed by the Arizona Supreme Court, will help the state show the effectiveness of criminal case processing and provide information regarding areas where improvement can be made and resources directed. In 1999, Arizona Senate Bill 1013 was passed into law. It came to be known as Fill the Gap (FTG) legislation, and it provided local courts, county attorneys, and indigent defense with state funds to be used for improving criminal case processing. The legislation created three funds, each intended to aid separate stakeholders in the court process: county attorneys, public or indigent defenders, and the courts. The three funds receive monies from appropriations and from fees collected by the Supreme Court and the Court of Appeals. The monies are dispersed to the funds according to a formula based on county population and a three-year average of criminal case filings. The Arizona Criminal Justice Commission (ACJC) is responsible for administering the funds for the county attorneys and indigent defense and annually reporting on how those funds are used and “the progress made in achieving the goal of improved criminal processing” (A.R.S. §41-2409). The Administrative Office of the Courts is similarly required to administer and report on the funds distributed to the courts (A.R.S. §12-102.02). RESEARCH PURPOSE The purpose of this report is to fulfill the statutory requirement for the Arizona Criminal Justice Commission to report on the Fill the Gap Funds as required by A.R.S. §41-2409. Fill the Gap FY2006 1 Arizona Criminal Justice Commission This report will provide an explanation of the Fill the Gap program including state statutory authority, the appropriation formulas, and designated responsible parties. The report will present expenditures by organization, plans for future expenditures of the Fill the Gap funds, and suggestions on how to improve the Fill the Gap program. This report will also provide recommendations for improving criminal case processing and coordination among criminal justice entities. RESEARCH METHODS The Arizona Criminal Justice Commission’s Statistical Analysis Center (SAC) developed a survey that was distributed to funded entities. Agencies completed the questionnaires and returned them to the Arizona Criminal Justice Commission. These responses reported how Fill the Gap funds were spent and how they improved criminal case processing, future intentions for funding, case processing statistics, and comments on issues that were encountered during the year. Follow-up telephone interviews were conducted as necessary to obtain clarification or additional information from agencies when necessary. Surveys and interviews were then analyzed to identify common spending priorities, improvements in data gathering and reporting practices, and remaining challenges that still face agencies. Fill the Gap FY2006 2 Arizona Criminal Justice Commission ARIZONA LEGISLATION The workload for prosecutors, indigent defense and the courts rose as a result of increased filings by law enforcement since the late 1990s, driven largely by an increase in population during that time. The increased filings put a strain on prosecutors, indigent defense and the courts that were charged with processing these cases. The Arizona Legislature created the State Aid Fund in 1999 to provide funding for prosecutors, indigent defense and courts to enhance criminal case processing in order to bring case processing time in line with standards set by the Arizona Supreme Court. These funds were designed to supplement, rather than supplant, spending by funded agencies. The Arizona Criminal Justice Commission and the Arizona Supreme Court were charged with administering the funds and reporting on the progress of case processing to the legislature each year. Six statutes govern the collection, administration and reporting of Fill the Gap funds (formally named the State Aid to County Attorneys Fund, State Aid to Indigent Defense Fund, and State Aid to the Courts Fund). These statutes are shown in their entirety in Appendix A. Arizona Revised Statutes §11-539, §11-588, and §12-102.02 each establish Fill the Gap funds, and provide instructions regarding the administration and expenditure of the funds. The State Aid to County Attorneys Fund was established by A.R.S. §11-539, the State Aid to Indigent Defense Fund was established by A.R.S. §11-588, and the State Aid to the Courts Fund was established by A.R.S. §12-102.02. These three statutes are similar in that they mandate that the funds are to be used for the processing of criminal cases and that the funds are to be used to supplement, rather than supplant, county funds. These statutes mandate that the Arizona Criminal Justice Commission administer the county attorneys and indigent defense funds and that the Arizona Supreme Court administer the courts fund. Arizona Revised Statute §12-102.02 also details how the courts are to allocate funds. Funding for the Fill the Gap funds is mandated by A.R.S. §12-116.01. This statute mandates that a penalty assessment of 47 percent be levied on all fines, penalties, and forfeitures imposed by the courts for both criminal and civil cases, including traffic violations, as well as an additional seven percent fine on specified cases. An additional surcharge of five percent on filing fees is also mandated by this law. Five percent of the 47 percent surcharge is allocated by A.R.S. §41-2421 to the Fill the Gap funds with distribution to follow the following formula: • 21.61 percent to the State Aid to County Attorneys Fund • 20.53 percent to the State Aid to Indigent Defense Fund • 57.37 percent to the State Aid to the Courts Fund • 0.49 percent to the Department of Law for the processing of criminal cases. The Arizona Criminal Justice Commission administers the portion allocated to the State Aid to the County Attorneys Fund and the State Aid to the Indigent Defense Fund and the Arizona Supreme Court administers the portion of the fund allocated to the courts. Fill the Gap FY2006 3 Arizona Criminal Justice Commission Of those funds that the Arizona Criminal Justice Commission administers, 51 percent ($1,005,500 in FY2006) was allocated to the State Aid to County Attorneys Fund and 49 percent ($955,100 in FY2006) was allocated to the State Aid to Indigent Defense Fund. Funds from the seven percent additional assessment to fines and other court fees that are allocated to improving criminal case processing are distributed as follows: • 15.44 percent to the State Aid to County Attorneys Fund • 14.66 percent to the State Aid to Indigent Defense Fund • 40.97 percent to the State Aid to the Courts Fund • 0.35 percent to the Department of Law for the processing of criminal cases • 14.29 percent to the Arizona Supreme Court for allocation to the municipal courts. These funds are distributed according to formulas set out in the A.R.S. §12-102.02 and §41-2409. Earned interest is deposited into the accounts and is utilized to support projects funded by Fill the Gap funds. The Arizona Supreme Court must distribute the fund to Superior Courts after receiving and approving the plan. ACJC must distribute the fund to county attorneys and indigent defense by September 1 of each year. Funds are distributed according to the following formula as directed in A.R.S. §12-102.02 and A.R.S. §41-2409: 1. Obtain the three-year average of the total felony filings in the county Superior Court Divisions divided by the statewide three-year average of the total felony filings in the Superior Court. 2. Divide the county population as adopted by the Arizona Department of Economic Security by the statewide population adopted by the Arizona Department of Economic Security. 3. The sum of the two figures computed above will equal the composite index and is used as the multiplier against the total funds appropriated from the State General Fund and other monies distributed to the fund. Fill the Gap Fund Formula Step 1: County Felony Filings: Total Year 1 + Total Year 2 + Total Year 3 = 3 Year County Total 3 Year County Total ÷ 3 = 3 Year Average Total County Felony Filings State Felony Filings: Total Year 1 + Total Year 2 + Total Year 3 = 3 Year State Total 3 Year State Total ÷ 3 = 3 Year Average Total State Felony Filings 3 Year Average Total County Felony Filings ÷ 3 Year Average Total State Felony Filings = Step 1 Result Step 2: County Population ÷ Statewide Population = Step 2 Result Step 3: Step 1 Result + Step 2 Result = Composite Index Composite Index used as a multiplier against Fill the Gap funds to determine fund distribution. Fill the Gap FY2006 4 Arizona Criminal Justice Commission The general fund appropriation and the surcharge earmarked for the courts are deposited in the State Aid to the Courts Fund pursuant to A.R.S. §12-102.02 and are administered by the AOC. The five percent set-aside of funds collected by the courts is kept and administered locally for county court use. Funds earmarked for the public defender/indigent defense counsel and county attorney are distributed through the Arizona Criminal Justice Commission (ACJC). It should be noted that counties with populations exceeding 500,000 (Maricopa and Pima) were not eligible for general fund Fill the Gap appropriations in FY2003 to FY2006. Yet during FY2005, the counties handled 76 percent of all criminal cases in the state (AOC Fill the Gap report, FY2005). Prior to FY2004, Maricopa and Pima county received these funds, but during budget cuts to the FY2003 to FY2006 budgets, populations exceeding 500,000 (Maricopa and Pima) were excluded. These counties still received fine revenue. Arizona Revised Statutes §12-102.02 and §41-2409 require that the Arizona Criminal Justice Commission and the Arizona Supreme Court report on the Fill the Gap funds they administer by January 8 of each year. This report serves as the report that the Arizona Criminal Justice Commission is required to produce. ARIZONA CASE TIMELINES Case processing standards are set by the Arizona Supreme Court. Generally, 90 percent of criminal cases should be completed within 100 days, and 99 percent of criminal cases should be completed within 180 days. Some extensions and changes have been made to these rules during the time that Fill the Gap funding has been provided to more accurately provide for the amount of time it takes to complete complex cases. Effective December 1, 2002, the following changes to existing timelines were made: 1) For in-custody defendants, the time to disposition was extended from 120 days of initial appearance to 150 days from the date of arraignment; 2) For out-of-custody defendants, the time to disposition was extended from 120 days of initial appearance to 180 days from the date of arraignment; and 3) A new category (complex cases), provides for disposition within 270 days from arraignment for those defendants charged with first degree murder in other than capital cases, offenses requiring consideration of evidence gained from wiretaps, electronic or oral communication, or complex cases determined by written factual finding by the court (AOC Fill the Gap report, FY2005). During that same year, a U.S. Supreme Court ruling, Ring v. Arizona, made processing death penalty cases more complicated, by requiring that a jury, rather than a judge, determine the sentence. “Subsequently, the Arizona Supreme Court again modified Rule 8.2 to allow courts eighteen (18) months to dispose of cases where the state is seeking the death penalty (AOC Fill the Gap report, FY2005).” Many agencies exclude cases affected by these rule changes from their case processing statistics. Fill the Gap FY2006 5 Arizona Criminal Justice Commission REPORT LAYOUT This report has been broken down by funded counties and agencies. In each county, the county attorney’s office and the public defender’s office receive funding to work toward the common goal of improving case processing. The courts in each county also receive funding toward this goal. In counties that do not have a public defender’s office, the Superior Court in those counties administer the indigent defense portion of Fill the Gap. Each county section of this report will begin with a summary of that county. This will be followed by a section for the county attorney, a section for indigent defense, and case processing statistics. At the end of FY2005, funded agencies were asked for the first time to present plans for how Fill the Gap funds would be spent. Those plans were reported in the FY2005 report. Not all agencies were able to comply with this new requirement at that time. For those agencies that did return plans, their section of this report will begin with the FY2006 plan summary. Following that plan summary will be financial information, as well as a report on Fill the Gap activities. This will be followed by a summary of the FY2007 Fill the Gap plan. Fill the Gap FY2006 6 Arizona Criminal Justice Commission FILL THE GAP PLANS AND ACTIVITY Each year Fill the Gap recipients report at the beginning of the state fiscal year on how they plan to use the Fill the Gap funds they receive for that year. Shortly after the end of the state fiscal year, recipients report on actual use of Fill the Gap funds. This section is broken down by county with a subsection for each county attorney’s office and indigent defense. Each county section begins with a financial breakdown, and ends with the felony case statistics provided by the fund recipients. A summary of the first step in the reporting process, the FY2006 plan, is presented first for each agency, followed by a summary of actual activity, and ends with the plan for use in the following fiscal year, FY2007. This cycle of Fill the Gap reporting allows funds to be spent in a pre-planned fashion, making the most use out of the funds allotted to each agency. Each agency was asked to report felony case processing statistics, which are included in a table at the end of each county section. Data varies by agency due to variances in what data is used, lack of standard definitions, statistics capability, and the fact that indigent defense does not represent all defendants. Data is not comparable between agencies or counties. Fill the Gap FY2006 7 Arizona Criminal Justice Commission Apache County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 69,343 +0.3% +1.2% St. Johns 8 Arizona Criminal Justice Commission APACHE COUNTY Apache County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Apache County Attorney’s Office $12,237 $13,786 Apache County Superior Court $11,634 $13,104 Apache County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Apache County Attorney’s Office $6,082 $7,704 Apache County Superior Court $5,789 $7,315 Difference +12.7% +12.6% FY2006 Total Allocated $13,786 $13,104 Apache County Fill the Gap Funding FY2000 – FY2006 Apache County Attorney’s Office Apache County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $6,622 $11,900 $12,554 $13,115 $12,930 $12,237 $13,786 $6,290 $11,304 $11,923 $12,455 $12,292 $11,634 $13,104 Apache County Attorney’s Office Apache County Attorney’s Office – FY2006 Fill the Gap Plan The Apache County Attorney’s Office indicated that an updated version of the case management system currently used by the office is available that will provide numerous time-saving capabilities, including attaching scanned images to records, webaccessibility, and event management. Fill the Gap funds will be used to update this software, which should result in considerable time savings for secretarial staff. It is noted that continuances of cases have inhibited the office’s control over criminal case processing times. Apache County Attorney’s Office – FY2006 Fill the Gap Activity Fill the Gap funds were used to expand the technological capabilities in the office. New DVD recorders were purchased, allowing attorneys to transfer data to support staff for processing. Phase I of the Prosecutor Dialog System was begun with this phase being completed in FY2006. In this process, all data was transferred into Microsoft Word. This will save on processing time. An emphasis on coordination led to an improved relationship with the presiding Judge of the Superior Court. As a result of task meetings held as a part of this effort, the number of continuances granted has been reduced. Meetings have also been held with defense counsel in an attempt to develop ideas to facilitate speedier resolution of cases. Fill the Gap FY2006 9 Arizona Criminal Justice Commission Apache County Attorney’s Office – FY2007 Fill the Gap Plan The Apache County Attorney’s Office plans to install a case management program from Judicial Dialog Systems that will reduce data entry time, allow for increased use of scanning and digital imaging, and allow for better communication with defense attorneys by providing them with CDs and DVDs rather than paper case files. This will save both paper and time. Conversion of data files was completed in FY2006 which will allow this program to be operational in FY2007. Apache County Indigent Defense As there is no public defender’s office in Apache County, the Apache County Superior Court is responsible for providing indigent representation. This is accomplished through contracts with local attorneys. Apache County Indigent Defense – FY2006 Fill the Gap Plan The Apache County Superior Court has contracts with a small number of defense attorneys, as there is no public defender’s office in Apache County. Increased caseloads have necessitated the hiring of non-contract attorneys to serve as public defenders, which is more expensive than using attorneys on contract. The amount provided by Fill the Gap is not enough to hire another contract public defender, but allows for more cases to be represented by non-contract attorneys, which would reduce defense caseloads. Lower caseloads will allow attorneys to attend hearings earlier due to fewer case conflicts. Apache County Indigent Defense – FY2006 Fill the Gap Activity As there is no public defender’s office in Apache County, the Apache County Superior Court uses the Fill the Gap funds to offset rising cost of indigent defense. The Apache County Courts have faced double-digit increases in case filings in recent years without any addition of court staff, increasing caseloads and case processing times. This increase has caused the Superior Court to hire non-contract attorneys to decrease the caseload of contract attorneys. The Apache County Superior Court used Fill the Gap funds to pay attorneys to represent defendants in Apache County. In an effort to improve case processing, the court has met with defense counsel and the County Attorney’s Office to identify obstacles to timely case processing. As a result of these meetings, a continuance policy has been put in place, and a protocol for the designation of complex cases was developed. These complex cases are more closely monitored by the court to ensure timely processing. In addition, prior to assigning cases to defense counsel, cases are now weighted for complexity. This has resulted in a more balanced defense counsel caseload. Apache County Indigent Defense – FY2007 Fill the Gap Plan Fill the Gap funds will be used in Apache County to hire non-contract attorneys to represent indigent clients. Caseload increases over the past five years have made it Fill the Gap FY2006 10 Arizona Criminal Justice Commission necessary to assign a larger number of cases to non-contract attorneys in order to prevent challenges such as Joe U. Smith motions. Joe U. Smith motions can be made when a defendant effectively loses his ability to exercise his right to a speedy trial unless he relinquishes his right to effective counsel due to overloaded defense caseloads. Reduced caseloads will allow defense counsel to spend more time on assigned cases and help prevent delays in case processing caused by overloaded attorneys. This will allow pretrial conferences to be scheduled earlier, which often results in a quicker disposition of the case. Year CY2001 CY2002 CY2003 CY2004 CY2005 N/A = Not Apache County Caseload Increase Calendar Year 2001 – 2005 Criminal Case % Change Over % Increase in Number of Filings Prior Year Jury Trials Over Prior Year 220 10% N/A 244 11% N/A 374 53% N/A 353 -4.3% 50% 396 12% 100% Available Felony Case Statistics Apache County FY2004-FY2006 Apache County Attorney’s Office Types of cases excluded from statistics: None. Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Total Felony Cases Terminated FY2004 Not provided FY2005 Not provided FY2006 51.7% Not provided Not provided 77.4% Not provided Not provided Not provided Not provided 549 668 Apache County Superior Court Types of cases excluded from statistics: Warrant, Appeal, Division and Mental Competency Time FY2004 FY2005 FY2006 Percent of Felony Cases Adjudicated 26.3% 31.2% 39.6% within 100 Days of Filing Percent of Felony Cases Adjudicated 64.6% 63.5% 73.6% within 180 Days of Filing Total Felony Cases Filed 284 375 390 Total Felony Cases Terminated 265 331 379 Fill the Gap FY2006 11 Arizona Criminal Justice Commission Cochise County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 126,106 +6.8% +2.1% Bisbee 12 Arizona Criminal Justice Commission COCHISE COUNTY Cochise County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Cochise County Attorney’s Office $28,380 $30,431 Cochise County Public Defender’s Office $26,978 $28,927 Cochise County Attorney’s Office Cochise County Public Defender’s Office Cochise County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Difference +7.2% +7.2% FY2006 Total Allocated $13,415 $17,016 $30,431 $12,770 $16,157 $28,927 Cochise County Fill the Gap Funding FY2000 – FY2006 Cochise County Attorney’s Office Cochise County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $14,459 $25,120 $25,455 $26,436 $27,148 $28,380 $30,431 $13,734 $23,860 $24,177 $25,106 $25,807 $26,978 $28,927 Cochise County Attorney’s Office Cochise County Attorney’s Office – FY2006 Fill the Gap Plan The Cochise County Attorney’s Office plans to use Fill the Gap funds to cover a portion of the salaries of staff previously hired using Fill the Gap funds. The salary for an attorney and a clerk are partially funded through Fill the Gap. These employees will help reduce caseloads in the office. New clerical or secretarial positions will be funded if there are assurances as to the continuity of the funds. Cochise County Attorney’s Office – FY2006 Fill the Gap Activity Fill the Gap funds were used to fund portions of a misdemeanor prosecutor position and a felony disposition clerk position. These positions have been partially funded in past using Fill the Gap funds and have helped process cases. In particular, the misdemeanor prosecutor has helped ensure that felony prosecutors can focus on felony cases rather than carrying a misdemeanor caseload as well. Reports were created to identify cases that were disposed by the court without the County Attorney’s Office being notified, due to misplaced sentencing documents or other factors, in an effort to more accurately measure case processing by having more accurate data. This effort has resulted in a more accurate listing of disposed cases and will continue to be used on a regular basis. Fill the Gap FY2006 13 Arizona Criminal Justice Commission Cochise County Attorney’s Office – FY2007 Fill the Gap Plan Fill the Gap funds are insufficient to fund a full time position at the Cochise County Attorney’s Office. These funds will continue to be used to supplement the costs of positions in the misdemeanor unit, and one support position in the felony unit. Cochise County Public Defender’s Office and Legal Defender’s Office Cochise County Indigent Defense – FY2006 Fill the Gap Plan The Cochise County Public Defender’s Office recognizes that little progress has been made in improving case processing times. In order to rectify this situation, the office submitted a plan proposing that funds be used for a process evaluation to identify areas that could be improved. This evaluation would provide information to the agencies on the efficiencies of the public defender’s office and the local system. By identifying and correcting these issues, the office hopes to improve case processing times. Cochise County Indigent Defense – FY2006 Fill the Gap Activity Cochise County Indigent Defense Fill the Gap funds were divided between the Public Defender’s Office, the Legal Defender’s Office, and the Indigent Defense Coordinator. All three entities used these funds to upgrade the case management software in FY2006 and for consulting fees related to the case management system. The system used is seen as effective, and would not have been purchased without Fill the Gap funds. In addition, portions of the funds were used to pay the salary of an investigator for the Legal Defender’s Office and the Indigent Defense Coordinator. The Coordinator is responsible for assigning attorneys to indigent clients. The majority (85 percent) of felony cases are assigned within three days of the defendant’s initial appearance. Cochise County Indigent Defense – FY2007 Fill the Gap Plan The Cochise County Public Defender and Legal Defender’s offices will use the Fill the Gap funds in FY2007 to upgrade the case tracking database and to pay for consulting fees for technical support. A computer and office supplies will be purchased for a newly funded paralegal position in the public defender’s office. Portions of the salary for an indigent defense coordinator position and a legal defender investigator position will also be paid for with these funds. In an effort to enhance disclosure capability, a scanning feature is being added to a copy machine, allowing for electronic storage and accessibility of case documents. Fill the Gap FY2006 14 Arizona Criminal Justice Commission Felony Case Statistics Cochise County FY2004-FY2006 Cochise County Attorney’s Office Types of cases excluded from statistics: Homicides, Warrants, Adult Diversion Program, Rule 11 Hearings FY2004 FY2005 FY2006 Percent of Felony Cases Adjudicated 30% 28% 24% within 100 Days of Filing Percent of Felony Cases Adjudicated 68% 69% 60% within 180 Days of Filing Total Felony Cases Filed 793 822 794 Total Felony Cases Terminated 624 506 485 Cochise County Public Defender Types of cases excluded from statistics: Homicides, Rule 11, Appeals, Withdrawals, Probation Revocation FY2004 Percent of Felony Cases Adjudicated 21% within 100 Days of Filing Percent of Felony Cases Adjudicated 51% within 180 Days of Filing Total Felony Cases Filed 285 Total Felony Cases Terminated 257 Cochise County Legal Defender Types of cases excluded from statistics: Withdrawals FY2004 Percent of Felony Cases Adjudicated Not provided within 100 Days of Filing Percent of Felony Cases Adjudicated Not provided within 180 Days of Filing Total Felony Cases Filed Not provided Total Felony Cases Terminated Not provided Fill the Gap FY2006 Re-trials, Bench Warrants, FY2005 24% FY2006 16% 55% 42% 363 381 223 343 FY2005 Not provided FY2006 31% Not provided 64% Not provided Not provided 315 317 15 Arizona Criminal Justice Commission Coconino County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 123,866 +6.2% +2.1% Flagstaff 16 Arizona Criminal Justice Commission COCONINO COUNTY Coconino County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Coconino County Attorney’s Office $30,314 $33,867 Coconino County Superior Court $28,817 $32,191 Difference +11.7 +11.7 Coconino County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Coconino County Attorney’s Office $14,926 $18,941 Coconino County Superior Court $14,206 $17,985 FY2006 Total Allocated $33,867 $32,191 Coconino County Fill the Gap Funding FY2000 – FY2006 Coconino County Attorney’s Office Coconino County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $18,242 $30,578 $29,292 $30,070 $30,437 $30,314 $33,867 $17,328 $29,044 $27,821 $28,557 $28,934 $28,817 $32,191 Coconino County Attorney’s Office Coconino County Attorney’s Office – FY2006 Fill the Gap Plan As part of a system-wide integration effort in Coconino County, the Coconino County Attorney’s Office is now receiving the majority (65 percent) of charging request information electronically, and is electronically filing 90 percent of no-case-filed information directly to the Department of Public Safety/Arizona Computerized Criminal History system. While the criminal justice integration effort has increased the timeliness of data throughout the system, it has become evident that having an employee who is trained in the data import-export processes of the involved agencies, the business practices of the attorney’s office, and the Arizona Computerized Criminal History (ACCH) system would allow the data integration process to work more efficiently. The Coconino County Attorney’s Office is planning to hire an employee to manage this flow of integrated data. The additional technical expertise of this position will allow the agency to further the benefits of the integration project, such as an increase in cooperation with other agencies, faster flow of data, and decreased redundancy of effort. Coconino County Attorney’s Office – FY2006 Fill the Gap Activity The Coconino County Attorney’s Office used Fill the Gap funds to pay approximately one-half (47 percent) of the salary of an administrative assistant position in FY2006. The Administrative Assistant is responsible for implementing and performing quality control on the automated criminal information system. This system was placed online Fill the Gap FY2006 17 Arizona Criminal Justice Commission to facilitate the flow and quality of information that exists in various information silos of the criminal justice system. Without this position, the agency would not have been able to provide the accurate information needed by other agencies in a timely fashion. The premise of the system is that better quality information that is more readily available will hasten decision relative to plea offers, sentencing options, and treatment alternatives. A portion of a Deputy County Attorney position was also funded using Fill the Gap funds, providing needed prosecutorial capacity to the office. While the quality and timeliness of information greatly improved in FY2006, lack of attorneys and staff proved to be major issues that impacted the office and case processing. In an effort to remedy this problem, hiring packages have been modified to include relocation expenses. Coconino County Attorney’s Office – FY2007 Fill the Gap Plan While felony filings have remained fairly constant in Coconino County over the last several years, the time required to process a case has increased. Contributing factors include relatively inexperienced prosecutors and court practices. Both factors are reflective of the general issues associated with staffing in Coconino County, namely the high cost of living in the county in relationship to salary levels. In an effort to decrease case processing times, Fill the Gap funds will be used to supplement the cost of hiring a Deputy Attorney in FY2007. Staff development efforts are underway to combat the relative inexperience of prosecutors in the office. Coconino County Indigent Defense Coconino County Indigent Defense – FY2006 Fill the Gap Plan The DUI/Drug Court, 15 percent of which is funded by Fill the Gap funds, plans to increase its total population served by 30 percent. This will allow more defendants to be transferred out of the traditional legal system. Following a clinical assessment within five days of referral, the prosecutor’s office has agreed to offer DUI/Drug Court to defendants within one week of the clinical assessment if it is deemed appropriate. Further timelines set up within this court will allow for guilty pleas to be disposed of 1015 days faster than guilty pleas in the Superior Court. A half-time disposition clerk position will also be hired to assist in the data entry of dispositions. This will allow for more timely submittal of case dispositions to the Arizona Department of Public Safety. The Coconino County Felony Task Force will continue to meet to discuss ways to make system improvements to decrease case processing times. Coconino County Indigent Defense – FY2006 Fill the Gap Activity Where appropriate, the DUI/Drug Court has provided a mechanism to save overall criminal justice resources by removing felony defendants from the typical court system into a treatment oriented system. It is estimated that more than half of criminal cases in the Coconino County Superior Court system are related to substance abuse. This court seeks to address these issues. In FY2006, 113 people participated in the program Fill the Gap FY2006 18 Arizona Criminal Justice Commission with 66 new defendants placed into the program. The DUI/Drug Court involves ten months of intensive outpatient treatment in an effort to reduce recidivism. In an overall effort to overcome delays in case processing found in the Coconino County Superior Court system, a felony Case Processing Task Force met quarterly to develop strategies to reduce case processing time. All departments in the Superior Court Justice System attended these meetings. Two case flow consultants were hired to analyze the flow of cases in the court system. A summary of the findings will be developed. Other meetings are also underway to determine methods to expedite case processing. Coconino County Indigent Defense – FY2007 Fill the Gap Plan The Coconino County Superior Court will use FY2007 Fill the Gap Indigent Defense funds for the DUI/Drug Court, with a goal of increasing the drug court population by 15 percent. This court is a cooperative effort between the courts, defense, and prosecution to process DUI and drug cases quickly and effectively, with the goal of removing these defendants from the traditional criminal justice system into a more effective treatment oriented system. A half-time disposition clerk will be hired using Fill the Gap funds who will be responsible for submitting disposition information to the Department of Public Safety in a timely fashion. Fill the Gap FY2006 19 Arizona Criminal Justice Commission Felony Case Statistics Coconino County FY2004-FY2006 Coconino County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants, Technical Violations FY2004 FY2005 Percent of Felony Cases Adjudicated 21% 20% within 100 Days of Filing Percent of Felony Cases Adjudicated 21% 25% within 180 Days of Filing Total Felony Cases Filed 1,717 1,578 Total Felony Cases Terminated 466 523 FY2006 27% 27% 1,597 482 Coconino County Superior Court Types of cases excluded from statistics: None. Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Total Felony Cases Terminated Fill the Gap FY2006 FY2004 57% FY2005 51% FY2006 50% 29% 28% 22% 1,393 1,054 1,273 1,233 1,272 1,184 20 Arizona Criminal Justice Commission Gila County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 51,663 +0.6% +0.9% Globe 21 Arizona Criminal Justice Commission GILA COUNTY Gila County Attorney’s Office Gila County Superior Court Gila County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 $17,995 $18,647 $17,012 $17,724 Gila County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Gila County Attorney’s Office $8,212 $10,435 Gila County Superior Court $7,816 $9,908 Difference +3.6% +4.2% FY2006 Total Allocated $18,647 $17,724 Gila County Fill the Gap Funding FY2000 – FY2006 Gila County Attorney’s Office Gila County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $11,824 $20,658 $21,082 $21,076 $20,105 $17,995 $18,647 $11,231 $19,622 $20,023 $20,016 $19,111 $17,012 $17,724 Gila County Attorney’s Office Gila County Attorney’s Office – FY2006 Fill the Gap Plan Typically, Fill the Gap funds have been used to supplement the Gila County Attorney’s budget for computer equipment used in the processing of criminal cases and case management. The FY2006 proposal follows this theme, planning to purchase a minimum of 10 new computers. These computers will increase the office’s ability to process cases. Many of the current computers do not have sufficient memory to access the case management system or run operating systems that are compatible with other agencies. Plans also include expenditures on the Superior Court Minute Entry System licensing fees and equipment rentals and hiring a part-time data entry clerk. Gila County Attorney’s Office – FY2006 Fill the Gap Plan The Gila County Attorney’s Office used Fill the Gap funds in FY2006 to bring approximately one half of the office’s computers up to date. The updated computer system, along with the case management system, also funded through Fill the Gap, has allowed for more timely movement of criminal cases from one stage to the next. These purchases would not have been made without Fill the Gap funding due to county budget limitations. Funds were also used to rent equipment from the Superior Court to access information from the Clerk of the Court. This information cannot be accessed without the rented equipment. Fill the Gap FY2006 22 Arizona Criminal Justice Commission Progress was made in charging criminal cases and getting cases before the grand jury in a timelier manner. An obstacle still facing the office is staff turnover. Approximately half of office staff has less than two years of experience. This slows the processing of cases. Improved salaries are now being offered to incoming staff in an effort to decrease turnover. Gila County Attorney’s Office – FY2007 Fill the Gap Plan Continuances for cause and the inability to access data in a timely fashion have been identified by the Gila County Attorney’s Office as issues preventing the timely processing of cases. While the first cannot be addressed using Fill the Gap funds, the office proposes using FY2007 funds in conjunction with county funds to purchase ten new computers that are capable of accessing the case management system and running operating systems that are compatible with the court and law enforcement systems. This will bring most of the computers up to date. Funds will also be used to pay for the annual fee for the case management system, rental fees for software allowing the office to view Superior Court minute entries, a new telephone system, and direct links with law enforcement agencies. Currently the office has only one computer that can link with the Gila County Sheriff’s Office. While Fill the Gap funds are not sufficient to fund all of these projects, they provide a needed supplement to county funds, allowing purchases that would not be possible without Fill the Gap. Gila County Indigent Defense As there is no public defender’s office in Gila County, the Gila County Superior Court is responsible for providing indigent representation. This is accomplished through contracts with local attorneys. Gila County Indigent Defense – FY2006 Fill the Gap Plan Gila County Superior Court did not use Fill the Gap funds in FY2005 due to the limited nature of the funds. As funds are not sufficient to pay for an attorney, one-time expenditures such as a calendaring system for the office are being explored. Gila County Indigent Defense – FY2006 Fill the Gap Activity The Gila County Superior Court saw a reduction in a Drug Enforcement Account grant in FY2006 that had been use to pay for indigent representation in Gila County. The availability of Fill the Gap funds allowed the court to continue providing legal representation to indigent defendants without reducing the contracts providing for those services despite the decrease in DEA funding. Funds were also used to purchase a software program to automate the court calendar and make the court calendar available to attorneys via the internet. This will benefit both defense attorneys and prosecutors. The calendar system is also available to defendants. Making case calendar information more easily accessible should improve attendance at hearings. Victims will also be able to access calendar information. Fill the Gap FY2006 23 Arizona Criminal Justice Commission Turnover within the prosecutor’s office and among contracted defense representation has been a major issue affecting criminal case processing in FY2006. With vacancies at both the prosecutor’s office and defense, preparation for court was affected and the number of criminal case filings before the grand jury was reduced. These vacancies on both the prosecution and defense side adversely affected case processing. Gila County Indigent Defense – FY2007 Fill the Gap Plan The Gila County Superior Court will use Fill the Gap FY2007 funds to improve case processing by improving office automation. One way the court is working to do this is by completely implementing a court calendar program that was purchased in FY2006. Once fully implemented, defense, prosecutors, defendants, and victims will have ready access to information that was previously only available by calling the court. Funds will also be used to compensate co-counsel that are not covered by county contracts, as well as attorneys working outside their contracted duties. Felony Case Statistics Gila County FY2004-FY2006 Gila County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants, Rule 11 Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Total Felony Cases Terminated FY2004 90% 98% 762 720 Gila County Superior Court Types of cases excluded from statistics: None. Current capabilities do not allow that should not be included. FY2004 Percent of Felony Cases Adjudicated within 100 Days of Filing 22.0% Percent of Felony Cases Adjudicated within 180 Days of Filing 56.6% Total Felony Cases Filed 655 Total Felony Cases Terminated 696 Fill the Gap FY2006 FY2005 91% 98% 795 682 FY2006 89% 96% 660 570 for excluding cases FY2005 22.4% 65.5% 773 602 FY2006 22.4% 61.8% 640 617 24 Arizona Criminal Justice Commission Graham County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 33,073 -1.3% +0.6% Safford 25 Arizona Criminal Justice Commission GRAHAM COUNTY Graham County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Graham County Attorney’s Office $9,426 $9,774 Graham County Superior Court $8,961 $9,290 Difference +3.7% +3.7% Graham County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Graham County Attorney’s Office $4,307 $5,467 Graham County Superior Court $4,099 $5,191 FY2006 Total Allocated $9,774 $9,290 Graham County Fill the Gap Funding FY2000 – FY2006 Graham County Attorney’s Office Graham County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $5,000 $9,283 $10,150 $10,491 $10,431 $9,426 $9,774 $4,749 $8,818 $9,641 $9,963 $9,915 $8,961 $9,290 Graham County Attorney’s Office Graham County Attorney’s Office – FY2006 Fill the Gap Plan In order to improve the ability of the Graham County Attorney’s Office to process cases, Fill the Gap funds will be used to upgrade case processing software. Computer equipment will also be purchased to improve the technological capabilities of the office. Graham County Attorney’s Office – FY2006 Fill the Gap Activity Fill the Gap funds allowed the Graham County Attorney’s Office to purchase needed equipment to help the office work more efficiently in FY2006. In particular, a broken copy machine was replaced, and three computers were purchased to replace ones that were not working properly. Two digital recorders were purchased to enable attorneys to record witness and defense interviews, assisting with preparation for trial. The annual maintenance fee for the case management system was also paid for with Fill the Gap funds. Overtime and employee related expenses for an investigator related to an increase in caseload was also funded through Fill the Gap funds. Two label printers were also purchased to help office staff prepare criminal files and mailing documents more quickly. Graham County Attorney’s Office – FY2007 Fill the Gap Plan The Graham County Attorney’s Office plans to use FY2007 Fill the Gap funds to pay the yearly maintenance fee for the case management system. This fee allows for technical support and upgrades to the system. Funds will also be used to supplement employee Fill the Gap FY2006 26 Arizona Criminal Justice Commission salaries, along with purchases of computers and software to allow the office to function more efficiently. Graham County Indigent Defense As there is no public defender’s office in Graham County, the Graham County Superior Court is responsible for providing indigent representation. This is accomplished through contracts with local attorneys. • Graham County Indigent Defense – FY2006 Fill the Gap Plan The Graham County Superior Court contracts with defense attorneys to provide indigent defense as there is no public defender’s office in Graham County. Funds from Fill the Gap are used to augment the criminal defense fund, allowing for indigent defense cases to be represented in a manner that allows the court to meet state standards for case flow processing. Graham County Indigent Defense – FY2006 Fill the Gap Activity The Graham County Superior Court used Fill the Gap funds to supplement the cost of contracting with capable defense counsel. An increase in criminal case filings and probation revocation hearings have increased the need for indigent defense counsel. In an effort to accommodate the additional criminal caseload, the designated days for criminal law and motion has been expanded from Mondays to Mondays and Tuesdays. In an effort to accommodate defense counsel, a new calendaring system has been put in place to help ensure that most or all of an attorney’s cases are on the same day. Graham County Indigent Defense – FY2007 Fill the Gap Plan The Graham County Superior Court will use Fill the Gap funds to provide quality indigent defense counsel. With the increasing number of criminal case filings, the county now spends more than $450,000 annually on criminal defense. Fill the Gap funds help keep the caseload of defense counsel to a manageable level, allowing cases to be processed in a more timely fashion. Fill the Gap FY2006 27 Arizona Criminal Justice Commission Felony Case Statistics Graham County FY2004-FY2006 Graham County Attorney’s Office Types of cases excluded from statistics: Appeals, Probation Violation FY2004 Percent of Felony Cases Adjudicated 63% within 100 Days of Filing Percent of Felony Cases Adjudicated 79% within 180 Days of Filing Total Felony Cases Filed 456 Total Felony Cases Terminated 1,082 FY2005 54% FY2006 53 71% 70 388 1,017 402 1,035 FY2004 44.4% FY2005 41.8% FY2006 45.6% 83.3% 78.5% 76.6% 356 312 408 394 371 376 Graham County Superior Court Types of cases excluded from statistics: None Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Total Felony Cases Terminated Fill the Gap FY2006 28 Arizona Criminal Justice Commission Greenlee County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 7,521 -12.0% +0.1% Clifton 29 Arizona Criminal Justice Commission GREENLEE COUNTY Greenlee County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Greenlee County Attorney’s Office $2,436 $2,415 Greenlee County Superior Court $2,315 $2,296 Difference -0.9% -0.8% Greenlee County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Greenlee County Attorney’s Office $1,064 $1,351 Greenlee County Superior Court $1,013 $1,283 FY2006 Total Allocated $2,415 $2,296 Greenlee County Fill the Gap Funding FY2000 – FY2006 Greenlee County Attorney’s Office Greenlee County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $1,554 $2,437 $2,141 $2,305 $2,443 $2,436 $2,415 $1,476 $2,315 $2,033 $2,189 $2,322 $2,315 $2,296 Greenlee County Attorney’s Office Greenlee County Attorney’s Office – FY2006 Fill the Gap Plan The Greenlee County Attorney’s Office plans to use Fill the Gap funds to purchase durable, multi-page file folders. These folders will allow the office to compartmentalize case information and keep court paperwork orderly and accessible. In addition, funds will be used to lease a copy machine for making disclosure documents available to defense counsel in a timely manner. Office supplies will also be purchased. The supplies and copier will allow the County Attorney’s Office to ensure that cases will be processed efficiently. While the size of the county results in a relatively small Fill the Gap award, these funds will allow the office to take steps necessary for improving case processing. In particular, the file folders will allow for improved access to information, resulting in less time spent looking for case documents. Greenlee County Attorney’s Office – FY2006 Fill the Gap Activity As Fill the Gap funds are not sufficient for the Greenlee County Attorney’s Office to hire additional staff or make large purchases, the office used the fund in three areas to improve operations. The first use was to purchase sturdy, multi-page file folders which compartmentalize and keep paperwork orderly and easily attainable. This prevents documents from spilling out of manila folders and the loss of important documents. Second, funds are used to lease a copy machine and make disclosure documents for defense counsel. Third, funds are used for office products such as writing instruments, paper products, and related items needed for the office to run smoothly. Fill the Gap FY2006 30 Arizona Criminal Justice Commission Greenlee County Attorney’s Office – FY2007 Fill the Gap Plan The Greenlee County Attorney’s Office receives approximately $2,400 a year from Fill the Gap funds. While these funds are not sufficient to hire additional staff or purchase a new case management system, the office plans to use the funds to purchase needed office supplies and lease a copy machine. This copy machine will be used to copy disclosure documents for defense counsel. This allows the office to produce documents within the mandated timelines, preventing undue continuances and dismissals. Greenlee County Indigent Defense As there is no public defender’s office in Greenlee County, the Greenlee County Superior Court is responsible for providing indigent representation. This is accomplished through contracts with local attorneys. Greenlee County Indigent Defense – FY2006 Fill the Gap Plan As there are no attorneys in Greenlee County other than those employed by the County Attorney’s Office, the Greenlee County has contracts with attorneys in neighboring Graham County to provide indigent defense representation. Fill the Gap funds help the county afford these contracts which allows defense counsel to travel to Greenlee County each week to attend scheduled hearings. This ensures that hearings are heard when set avoiding continuances in Superior Court. Greenlee County Indigent Defense – FY2006 Fill the Gap Activity The Greenlee County Superior Court used Fill the Gap funds in FY2006 to pay for local attorneys in nearby county to provide indigent defense services. Having nearby attorneys available on contract prevents the court from having to hire attorneys in distant counties. Insufficient staff and staff turnover have proved to be large obstacles in improving case processing times. Greenlee County Indigent Defense – FY2007 Fill the Gap Plan As there is only one attorney in Greenlee County not employed by the County Attorney’s Office, the county contracts with attorneys in neighboring Graham County for indigent defense representation. The Superior Court uses Fill the Gap funds to ensure that defense attorneys are available when needed, reducing the need for continuances. Fill the Gap FY2006 31 Arizona Criminal Justice Commission Felony Case Statistics Greenlee County FY2004-FY2006 Greenlee County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants, Revocations, Rule 11 FY2004 FY2005 Percent of Felony Cases Adjudicated 87% 98% within 100 Days of Filing Percent of Felony Cases Adjudicated 93% 100% within 180 Days of Filing Total Felony Cases Filed 107 96 Total Felony Cases Terminated 20 16 FY2006 91% 99% 123 9 Greenlee County Superior Court Data reported individually by case rather than compiled by year. Fill the Gap FY2006 32 Arizona Criminal Justice Commission La Paz County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 20,238 +3.0% +0.3% Parker 33 Arizona Criminal Justice Commission LA PAZ COUNTY La Paz County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 La Paz County Attorney’s Office $8,350 $9,442 La Paz County Superior Court $7,936 $8,974 Difference +13.1% +13.1% La Paz County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue La Paz County Attorney’s Office $4,156 $5,286 La Paz County Superior Court $3,955 $5,019 FY2006 Total Allocated $9,442 $8,974 La Paz County Fill the Gap Funding FY2000 – FY2006 La Paz County Attorney’s Office La Paz County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $4,121 $7,228 $7,412 $7,478 $7,628 $8,350 $9,442 $3,915 $6,865 $7,041 $7,102 $7,251 $7,936 $8,974 La Paz County Attorney’s Office La Paz County Attorney’s Office – FY2006 Fill the Gap Plan The La Paz County Attorney’s Office plans to purchase a high speed scanner that will add a digital document component to the system installed in the previous year. Funds will also be used to supplement overtime expenses and the hiring of a legal secretary. The Legal Secretary will be responsible for a number of tasks including preparing charging documents, opening criminal case files, gathering information, and preparing legal documents. Software will also be purchased to improve processing ability in the office. Together, the addition of staff, the scanner and software will increase the office’s case processing ability by reducing staff workloads and improving technological capabilities of the office. La Paz County Attorney’s Office – FY2006 Fill the Gap Activity The La Paz County Attorney’s Office has implemented a Records Improvement Project. In FY2006, Fill the Gap funds were used to further this project. Funds were used to pay overtime costs associated with the project and to purchase computer equipment needed for the project. A scanner was purchased to allow for the digital storage of office records. Turnover and vacancies impacted the office’s ability to process cases in a timely fashion in FY2006. Fill the Gap FY2006 34 Arizona Criminal Justice Commission La Paz County Attorney’s Office – FY2007 Fill the Gap Plan In FY2007, the La Paz County Attorney’s Office will continue the Records Improvement project and purchase software not previously funded. To improve the investigatory abilities of the office, a vehicle and surveillance equipment will be purchased for use by an investigator. In addition, software and video equipment will be purchased for use in trial presentations, investigations, and training. Remaining funds will continue to be used to supplement overtime expenses for staff to process cases. La Paz County Public Defender’s Office La Paz County Public Defender – FY2006 Fill the Gap Plan As the La Paz County Public Defender’s Office is currently operating with an interim public defender, a definitive plan was not available. However, a permanent public defender will be hired in the near future. It is anticipated that the office will use the funds to purchase laptop computers in an effort to match the technological capabilities of the county attorney’s office in the court room and replace furniture that is in disrepair. La Paz County Public Defender – FY2006 Fill the Gap Activity The La Paz County Public Defender’s Office has a long term goal of digitizing office paperwork and records retention. However, the office was faced with a more immediate need of coming into compliance with statutory and state bar requirements for records retention. Since the office can only hold two years’ worth of records in addition to the active files, older files are put in storage at the central county warehouse. A lack of defined space for storage and over retention of documents had created a case processing problem for the office. In FY2006, the office sought to correct this problem by using Fill the Gap funds to hire a part-time law clerk to aggregate all the public defender storage boxes and sort through each box, segregating files according to statutory requirements. The law clerk reviewed files from 1981-2001. A separate employee was hired at minimum wage to shred documents no longer needed. This “clean-up” procedure has significantly improved the amount of time required to retrieve a file from storage and has given the office a better concept of how much data will need to be converted when the office is digitized. Bids will be solicited for the digitization process. The office anticipates that accumulated and future Fill the Funds will be used to complete the digitization project. La Paz County Indigent Defense – FY2007 Fill the Gap Plan No plan was submitted by the La Paz County Indigent Defense for FY2007. Fill the Gap FY2006 35 Arizona Criminal Justice Commission Felony Case Statistics La Paz County FY2004-FY2006 La Paz County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants The office was not able to provide the information in the format requested. Alternate data was provided in an effort to fulfill reporting requirement. FY2004 FY2005 FY2006 Average Number of Days to Adjudicate 90 613 245 280 Percent of Cases? Average Number of Days to Adjudicate 99 1,071 670 440 Percent of Cases? Total Felony Cases Filed 284 261 474 Total Felony Cases Terminated 177 230 511 La Paz County Public Defender’s Office Types of cases excluded from statistics: Warrants, Withdrawals by Public Defenders The office was not able to provide the information in the format requested. Alternate data was provided in an effort to fulfill reporting requirement. Severe staff shortages in FY2006 resulted in fewer cases being accepted/terminated than in previous years. FY2004 FY2005 FY2006 Total Felony Cases Accepted 687 676 543 Total Felony Cases Terminated 448 495 224 Total Felony Violation of Probation Accepted 94 70 110 Total Felony Violation of Probation Terminated 70 45 71 Fill the Gap FY2006 36 Arizona Criminal Justice Commission Maricopa County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 3,635,528 +17.4% +61.2% Phoenix 37 Arizona Criminal Justice Commission MARICOPA COUNTY Maricopa County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Maricopa County Attorney’s Office $448,062 $541,572 Maricopa County Public Defender’s Office $425,421 $514,231 Maricopa County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Maricopa County Attorney’s Office $0 $541,572 Maricopa County Public Defender’s Office $0 $514,231 Difference +20.9% +20.9% FY2006 Total Allocated $541,572 $514,231 Maricopa County Fill the Gap Funding FY2000 – FY2006 Maricopa County Attorney’s Office Maricopa County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $396,408 $736,403 $805,910 $425,289 $438,581 $448,062 $541,572 $376,528 $699,465 $765,429 $403,804 $416,420 $425,421 $514,231 Maricopa County Attorney’s Office Maricopa County Attorney’s Office – FY2006 Fill the Gap Plan The Maricopa County Attorney’s Office plans to use the funds in three areas. First, the funds will be used to provide support staff in the Southeast Superior County Division which was created in 1999. Second, funds will be used to provide support staff for the Early Disposition Court at the Southeast Facility in Mesa. This court allows all defendants charged with drug possession to be direct-filed with the Superior Court for a preliminary hearing. For cases heard in Early Disposition Court, arraignment is held on the same day as the preliminary hearing; and in cases where a guilty plea is entered, the defendant may also be sentenced on that day. This saves a minimum of nine case processing days, with approximately 45 days being saved in cases where the defendant is sentenced the same day as the preliminary hearing. Third, funds will be used to provide support staff for Maricopa County Attorney’s Office pre-trial bureaus to prepare charging paperwork in order to ensure the timely filing of criminal charges. Maricopa County Attorney’s Office – FY2006 Fill the Gap Activity The Maricopa County Attorney’s Office used Fill the Gap funds to support ten office support positions and two legal support positions in FY2006. These positions were strategically placed in units that are used to expedite cases through the system, where appropriate. These staff are assigned to cases at the Southeast Superior County Division, and for the Early Disposition Court at the Southeast Facility. The early Fill the Gap FY2006 38 Arizona Criminal Justice Commission disposition court is used to improve case processing by reducing the number of days cases take to go through the system. A pre-filing diversion is now being used for defendants eligible for diversion programs. Those who successfully complete the diversion program never go to court at all. Others are diverted to this diversion program at the initial appearance, eliminating the need for subsequent hearings. All drug possession cases are direct-filed with the Superior Court. For in-custody defendants, an arraignment is held the same day as the initial appearance. For those who plead guilty, sentencing can be held the same day. Early Disposition Court has resulted in reducing case processing times for the cases it handles. Staff funded by Fill the Gap also is assigned to pre-trial bureaus to prepare charging paperwork to ensure the timely filing of criminal charges. Beyond programs directly funded by Fill the Gap, the Maricopa County Attorney’s Office continued efforts to improve information sharing and coordination between entities in the criminal justice system using an integrated information system. Automation efforts have eliminated the need for data entry, eliminating the potential for errors. In FY2007, initial pleadings will be electronically filed with the courts. Integration efforts have also increased the ability of the office to share information electronically with defense council. Maricopa County Attorney’s Office – FY2007 Fill the Gap Plan Fill the Gap funds will continue to be used to support three areas in FY2007. Support staff salaries will improve the efficiency of processing criminal cases assigned to the Southeast Superior County Division. Support staff will also continue to be funded for the Early Disposition Court in the Southeast Facility. This court reduces case processing days by allowing qualified defendants to have a preliminary hearing and arraignment on the same day. In cases where the defendant pleads guilty, sentencing can also occur that day. This eliminates between 9 and 45 days, depending on the case. The third use of the funds will be to provide support staff for the pre-trial bureaus to prepare charging paperwork. This ensures the timely filing of criminal charges. Maricopa County Public Defender’s Office and Legal Defender’s Office Maricopa County Indigent Defense – FY2006 Fill the Gap Plan Fill the Gap funds traditionally have been used to fund positions not funded through other sources. An increase in staff salaries means that FY2006 Fill the Gap funds will not be able to fund as many positions in FY2006 as were funded in FY2005. Positions that were previously covered by Fill the Gap will be paid out of the General Fund. An integrated case management system will be developed where all indigent representation can participate, allowing offices to generate comparable statistical data for long-term planning and to share information more readily with justice partners. Time savings through this system will probably not be evident in the short term, but should provide savings in the long term as calendaring, case research and document generation will be done more easily. Fill the Gap funds will also be used to fund a Fill the Gap FY2006 39 Arizona Criminal Justice Commission portion of an IRIS Application Manager/Business Analyst position. This position will support the Indigent Representation Information System (IRIS). The Indigent Representation Information System (IRIS) was implemented recently as a case management system with greater capabilities than was previously available. Maricopa County Indigent Defense – FY2006 Fill the Gap Activity The integrated case management system called Indigent Representation Information System (IRIS) was the focus of non-personnel spending by both the Maricopa Public Defender’s Office and Legal Defender’s Office. These offices used the funds jointly to purchase software for the system, as well as a significant amount of contracted services for the development of the system. An IRIS project manager, funded through Fill the Gap, is heavily involved in facilitating and coordinating data exchange efforts. In addition, one-half of an attorney position was funded through Fill the Gap in FY2006, as well as nearly 11 attorney positions, one paralegal position, and one legal secretary position in the public defender’s office. These staff are assigned to adult felony representation. Between FY2001 and FY2006, the offices had a 19.9 percent increase in average felony caseload per attorney. The early disposition court and the subsequent assignment of 40 public defenders to the court has resulted in 61 percent of felony cases being resolved in this court. The early disposition court has allowed the office to absorb the increased caseload. The offices are increasingly capitalizing on technological resources to save staff time and allow for better case management. Maricopa County Indigent Defense – FY2007 Fill the Gap Plan The Maricopa County Public Defender’s Office and the Legal Defender’s Office use Fill the Gap funds to pay for several positions directly related to processing felony case assignments. The Public Defender’s Office funds nearly 11 attorney positions, one paralegal, and one legal secretary. The Legal Defender’s Office funds one-half of an attorney position. In addition, an IRIS project manager position is funded. In FY2007, upgrades and new uses will be implemented allowing for further benefit from the system. The office will continue involvement in several projects to improve case processing including the Early Disposition Court and a Homeless Court Program. Programs such as these also result in cases being disposed of quickly and efficiently. Fill the Gap FY2006 40 Arizona Criminal Justice Commission Felony Case Statistics Maricopa County FY2004-FY2006 Maricopa County Attorney’s Office Types of cases excluded from statistics: Homicide, Diversion, Probation Violation, Time on Warrant Status, Rule 11 proceedings, Special Actions. FY2004 FY2005 FY2006 Percent of Felony Cases Adjudicated 49% 53% 70% within 100 Days of Filing Percent of Felony Cases Adjudicated 73% 77% 90% within 180 Days of Filing Total Felony Cases Filed 33,699 33,178 36,142 Total Felony Cases Terminated 35,568 35,228 35,398 Maricopa County Public Defender’s Office Types of cases excluded from statistics: None Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Total Felony Cases Terminated Fill the Gap FY2006 FY2004 74.0% FY2005 71.1% FY2006 71.2% 86.3% 86.2% 85.9% 37,805 36,181 37,158 36,586 39,247 35,287 41 Arizona Criminal Justice Commission Mohave County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 187,200 +19.8% +3.2% Kingman 42 Arizona Criminal Justice Commission MOHAVE COUNTY Mohave County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Mohave County Attorney’s Office $42,493 $45,185 Mohave County Public Defender’s Office $40,395 $42,950 Mohave County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Mohave County Attorney’s Office $19,914 $25,271 Mohave County Public Defender’s Office $18,954 $23,996 Difference 6.3% 6.3% FY2006 Total Allocated $45,185 $42,950 Mohave County Fill the Gap Funding FY2000 – FY2006 Mohave County Attorney’s Office Mohave County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $25,338 $43,535 $43,518 $44,103 $43,424 $42,493 $45,185 $24,066 $41,353 $41,332 $41,883 $41,278 $40,395 $42,950 Mohave County Attorney’s Office Mohave County Attorney’s Office – FY2006 Fill the Gap Plan Fill the Gap funds will be used by the Mohave County Attorney’s Office to implement a document automation system to improve case processing. This project has been undertaken to correct deficiencies in the current case processing system, particularly in the area of discovery. The project will involve making police reports electronically available to all defense counsel and will improve the copying of documents for witnesses. Fill the Gap funds will be used in FY2006 to partially fund a partnership between the Kingman Police Department and the County Attorney’s Office called the Neighborhood Justice Alliance Program. As part of this partnership, funds will be used for part of a bait vehicle and community education program related to motor vehicle theft in an effort to decrease motor vehicle theft in Mohave County. As in previous years, funds will also be used to purchase technology for use in the courtroom. Mohave County Attorney’s Office – FY2006 Fill the Gap Activity The Mohave County Attorney’s Office used a portion of the Fill the Gap funds to support victims and improve witness involvement. Salaries of the victim/witness clerk and a domestic violence coordinator were supplemented using Fill the Gap funds. In previous years these two positions were wholly paid using state grants that are no longer sufficient to cover the costs. A portion of the rent for the victim/witness center was also paid using Fill the Gap funds. Fill the Gap FY2006 43 Arizona Criminal Justice Commission A second use of Fill the Gap funds involved technology expenses. A major goal for FY2006 was to gain electronic access to the court’s database. The necessary equipment and software were purchased using Fill the Gap funds, saving staff a tremendous amount of time. This system can be used to check bond information, track files to obtain the status of cases, print transmittal information, and check priors in all justice and municipal cases. Staff training, including conferences and seminars were also funded. In particular, two staff were sent to a week long training seminar on how to maintain, update, and create reports, and more efficiently use the office’s case management system. Other staff also attended training pertinent to their jobs. Mohave County Attorney’s Office – FY2007 Fill the Gap Plan The Mohave County Attorney’s Office has an inefficient discover process. While progress has been made in this area, the office proposes to use Fill the Gap funds in FY2007 for an in-house solution to this issue. Courtroom technology, additional support for the case management system, office equipment, and victim support will also be partially funded using Fill the Gap funds. These expenditures will allow the office to improve internal case processing speed, and improve relations with victim witnesses. Mohave County Public Defender’s Office Mohave County Indigent Defense – FY2006 Fill the Gap Plan Hiring and retention efforts will be a priority in FY2006, with a recruitment firm being hired to recruit from Phoenix, Tucson, and where appropriate, out-of-state. Fill the Gap funds will be used in part to fund this project as the inability to attract and retain experienced attorneys causes a delay in the overall processing of cases in the county. An in-house electronic courtroom for video-conferencing capabilities between clients in jail and defense counsel will be implemented. This will decrease staff travel time, increasing the time available to spend on other case processing activities. Higher speed routers for database access, hands-free telephone capabilities, higher speed and volume printers to handle increased documentation needs, and similar equipment designed to increase case load processing capability will also be purchased using Fill the Gap funds. The Mohave County Public Defender’s Office will also purchase high density rolling walls to increase physical file storage capabilities for the new indigent defense offices. Mohave County Indigent Defense – FY2006 Fill the Gap Activity The Mohave County Public Defender’s Office was faced with a severe staff shortage in FY2006, due to attorneys leaving to pursue opportunities in the metropolitan areas of the state. Due to major issues surrounding recruiting attorneys to work in Mohave County, the office authorized a loan repayment and relocation expense program. A national search resulted in 250 applications. Of these, fifty paid their transportation costs to Mohave County for interviews. Hotel costs were paid using Fill the Gap funds. Fill the Gap FY2006 44 Arizona Criminal Justice Commission As a result, eight offers were made and filled. Subsequently, seven of the new attorneys have passed the Bar, three are now licensed, and four more are awaiting character and fitness clearance. An intensive training and mentoring program is now underway to allow them to become a productive part of the defense team. Fill the Gap funds were also used to hire two law students for summer internships in FY2006. Equipment purchases included an additional laptop for offsite and after hours work, a DVD/CD duplicator, a PDA telephone, and wireless headsets to allow greater ease of data entry while speaking on the telephone. Significant funds were also expended on training opportunities. Electronic research subscriptions continue to be purchased with Fill the Gap funds, a resource that would not be available without this funding source. Mohave County Indigent Defense – FY2007 Fill the Gap Plan The Mohave County Public Defender’s Office will use Fill the Gap funds in four areas in FY2007. First, an office clerk will be hired to scan and purge old and closed files to bring the office current with file retention and destruction policies. Second, a physical facility access restriction and security system will be purchased and installed in the new facilities the office will be moving into midyear to restrict and control internal access to files and controlled work areas. Third, a pilot project will be implemented to test the effectiveness of a mobile-link case management database system. Fourth, other standard utilizations of Fill the Gap funds such as investigative uses, software improvements, management training, case database improvements, and recruitment and training efforts will be funded. Felony Case Statistics Mohave County FY2004-FY2006 Mohave County Attorney’s Office Types of cases excluded from statistics: None Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Total Felony Cases Terminated FY2004 60% FY2005 60% FY2006 65% 90% 90% 90% 1,553 2,275 1,576 2,610 1,855 1,851 Mohave County Public Defender’s Office The office did not provide the statistical information requested. Fill the Gap FY2006 45 Arizona Criminal Justice Commission Navajo County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 108,432 +10.7% +1.8% Holbrook 46 Arizona Criminal Justice Commission NAVAJO COUNTY Navajo County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Navajo County Attorney’s Office $25,888 $28,828 Navajo County Superior Court $24,607 $27,402 Difference +11.4% +11.4% Navajo County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Navajo County Attorney’s Office $12,703 $16,125 Navajo County Superior Court $12,091 $15,311 FY2006 Total Allocated $28,828 $27,402 Navajo County Fill the Gap Funding FY2000 – FY2006 Navajo County Attorney’s Office Navajo County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $14,121 $25,138 $26,231 $27,377 $27,407 $25,888 $28,828 $13,414 $23,877 $24,913 $25,999 $26,052 $24,607 $27,402 Navajo County Attorney’s Office Navajo County Attorney’s Office – FY2006 Fill the Gap Plan The Navajo County Attorney’s Office is currently working with its case management system vendor in an attempt to upgrade the system to allow it to run with the latest version of Sequel. A new case management system will be purchased using Fill the Gap funds if the vendor does not upgrade the system in FY2006. The second project planned is the transition to an electronic data storage system. Any data storage system will need to interface with the case management system. Together, these two projects should allow the Navajo County Attorney’s Office to provide disclosure on criminal cases electronically and should eliminate the need to photocopy disclosure documents for defense counsel. It is also hoped that this will allow the agency to meet retention obligations without storing hard copies of all files. Navajo County Attorney’s Office – FY2006 Fill the Gap Activity Fill the Gap funds were used in FY2006 at the Navajo County Attorney’s Office to purchase equipment and pay for overtime wages. Navajo County Attorney’s Office – FY2007 Fill the Gap Plan The Navajo County Attorney’s Office plans to use FY2007 Fill the Gap funds to convert a 12-year old case management system to a new system with greatly increased capability. This will allow cases to be tracked and accessed more easily and will provide the ability to generate statistical reports not currently available. In particular, this Fill the Gap FY2006 47 Arizona Criminal Justice Commission system will allow the office to track progress in meeting the Fill the Gap goals of decreasing felony case processing time. Navajo County Public Defender’s Office and Legal Defender’s Office Navajo County Indigent Defense – FY2006 Fill the Gap Plan The Navajo County Public Defender’s Office does not currently have the capability to produce demonstrative evidence at trial. In order to rectify this, a laptop computer with office programs, a projector with a screen and cart, and a digital camcorder will be purchased for use in trials. These purchases will allow the office to conduct presentations in the courtroom and during training, and will increase the abilities of the office to defend clients. In addition, programs to read disclosures, a cross-cut shredder, and a high density lateral tracking filing system will be purchased. Navajo County Indigent Defense – FY2006 Fill the Gap Activity The Navajo County Public Defender’s Office and Legal Defender’s Office share the Fill the Gap funds for indigent defense. The Public Defender’s Office used their portion of Fill the Gap funds to purchase computers, computer equipment, software, office equipment, and furniture. These purchases were used to provide needed upgrades to the office that would not have been available without Fill the Gap funding. An effort to reduce the large backlog in cases resulted in an increased amount of filings by the County Attorney’s Office in FY2006. This increase has put a large strain on resources, but due to the possibility of Fill the Gap funds going away, the office has not used the funds for salaries. The Legal Defender’s Office used Fill the Gap funds to purchase a laptop computer and related software for use in backing up the case management system and to run a projector for presentations. A temporary data entry clerk was employed to transfer data from an old case management system to the current system. Navajo County Indigent Defense – FY2007 Fill the Gap Plan The Navajo County Legal Defender’s Office will use Fill the Gap FY2007 funds to increase the number of licenses for the case management system to include attorneys, and pay for yearly maintenance and support of the system. Funds will also be used to replace outdated computers, purchase a digital recorder, and contract with an investigator for services. The Navajo County Public Defender’s Office receives a portion of the Navajo County Indigent Defense Fill the Gap funds, but did not submit a plan. Fill the Gap FY2006 48 Arizona Criminal Justice Commission Felony Case Statistics Navajo County FY2004-FY2006 Navajo County Attorney’s Office Types of cases excluded from statistics: None Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Total Felony Cases Terminated FY2004 0% FY2005 0% FY2006 92% 0% 0% 98% 160 8,220 242 5,226 607 5,615 Navajo County Public Defender’s Office Types of cases excluded from statistics: Probation Violations, Misdemeanors, Appeals, Rule 32 Petitions, Juvenile cases, Mental Health cases, Drug Court cases, Extraditions FY2004 FY2005 FY2006 Percent of Felony Cases Adjudicated Not provided. Not provided. Not provided. within 100 Days of Filing Percent of Felony Cases Adjudicated Not provided. Not provided. Not provided. within 180 Days of Filing Total Felony Cases Filed 1,447 1,255 1,554 Total Felony Cases Terminated 1,535 1,244 1,443 Navajo County Legal Defender’s Office Types of cases excluded from statistics: Appeals, Warrants FY2004 Percent of Felony Cases Adjudicated 79% within 100 Days of Filing Percent of Felony Cases Adjudicated 91% within 180 Days of Filing Total Felony Cases Filed 631 Total Felony Cases Terminated 605 Fill the Gap FY2006 FY2005 61% FY2006 75% 74% 88% 309 352 456 402 49 Arizona Criminal Justice Commission Pima County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 924,786 +9.0% +15.6% Tucson 50 Arizona Criminal Justice Commission PIMA COUNTY Pima County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Pima County Attorney’s Office $90,432 $106,073 Pima County Public Defender’s Office $85,862 $100,718 Difference 17.3% 17.3% Pima County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Pima County Attorney’s Office $0 $106,073 Pima County Public Defender’s Office $0 $100,718 FY2006 Total Allocated $106,073 $100,718 Pima County Fill the Gap Funding FY2000 – FY2006 Pima County Attorney’s Office Pima County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $101,011 $180,040 $188,127 $99,271 $99,376 $90,432 $106,073 $95,946 $171,010 $178,677 $94,256 $94,355 $85,862 $100,718 Pima County Attorney’s Office Pima County Attorney’s Office – FY2006 Fill the Gap Plan There are plans to work more closely with law enforcement agencies and the courts in Pima County to facilitate the electronic transfer of information to expedite case processing in FY2006. Fill the Gap funds will be used to fund legal assistant positions who are directly involved in assisting prosecutors with the early identification of cases appropriate for non-trial disposition and preparing the associated paperwork to help ensure timely dispositions. Fill the Gap funds will also be used to fund an additional legal assistant, legal processing support, and if possible, a prosecutor position. Pima County Attorney’s Office – FY2006 Fill the Gap Activity The Pima County Attorney’s Office primarily used Fill the Gap funding to fund legal support staff and prosecutor positions. The legal support staff is directly involved in assisting prosecutors with identifying cases that are appropriate for non-trial disposition. Once identified, these staff members generate the appropriate paperwork, under the direction of prosecutors, to ensure timely dispositions. In cases that proceed to trial, a prosecution team is put in place to gather information and work to perform disclosure in accordance with disclosure rules. A major increase in felony cases and a relatively high crime rate in Pima County have had an adverse impact on criminal case processing. The criminal prosecution function of the prosecutor’s office is understaffed and underfunded, resulting in prosecuting Fill the Gap FY2006 51 Arizona Criminal Justice Commission attorneys handling an unacceptably high number of cases. Average prosecutor caseloads increased from 41.1 cases per attorney in July 2003 to 60.3 cases per attorney in July 2006. Pima County Attorney’s Office – FY2007 Fill the Gap Plan Fill the Gap funds will be used to fund support staff and prosecutor positions in the Pima County Attorney’s Office in FY2007. The support staff work to identify cases that are appropriate for non-trial disposition, allowing those cases to be dealt with more quickly and freeing up prosecutors to work on court related matters rather than paperwork. If funds remain over and above the salaries of these staff members, remaining monies will be spent on computer related equipment and software upgrades. Fill the Gap funds are instrumental in allowing the office to keep up with the increasing number of felony cases. Pima County Public Defender’s Office Pima County Public Defender – FY2006 Fill the Gap Plan The Pima County Public Defender’s Office intends to create a new case-tracking system that will allow the receipt of disclosure in an electronic format, both images and data, which will reduce mail delays and redundant data entry. A comprehensive attorney training program on case management will also be implemented to increase productivity. Pima County Public Defender – FY2006 Fill the Gap Activity The Pima County Public Defender’s Office hired a database manager using Fill the Gap funds in FY2006. The manager was hired to maintain and fine-tune the criminal justice warehouse that was created by a consultant. Equipment, including 105 digital voice recorders and telephone couplers were purchased to allow all defense attorneys, investigators, and legal assistants the ability to record telephonic and in-person interviews. Fifteen transcription kits were purchased in order to transcribe the interviews and facilitate dictation. The digital recordings have much better quality than cassette recordings, making them easier to transcribe. Some of the transcription has been outsourced to eliminate the backlog of tapes. The final payment was made to the consultant who created the criminal justice warehouse. A separate consultant was hired to provide training to felony attorney team managers. The goal was to improve case processing by providing guidance and training of new attorneys, along with effective management and better evaluations by experienced attorneys. Pima County Indigent Defense – FY2007 Fill the Gap Plan No plan was submitted by the Pima County Indigent Defense for FY2007. Fill the Gap FY2006 52 Arizona Criminal Justice Commission Felony Case Statistics Pima County FY2004-FY2006 Pima County Attorney’s Office Types of cases excluded from statistics: None. Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Total Felony Cases Terminated FY2004 53.0% FY2005 50.0% FY2006 42.8% 80.0% 79.0% 75.1% 4,962 4,685 5,717 5,489 5,440 5,653 Pima County Public Defender’s Office Types of cases excluded from statistics: Data provided by the Pima County Superior Court. Exclusions were determined by the court. FY2004 FY2005 FY2006 Percent of Felony Cases Adjudicated 53% 50% 43% within 100 Days of Filing Percent of Felony Cases Adjudicated 80% 79% 75% within 180 Days of Filing Total Felony Cases Filed 4,962 5,717 5,440 Total Felony Cases Terminated 4,685 5,489 5,653 Fill the Gap FY2006 53 Arizona Criminal Justice Commission Pinal County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 229,549 +26.6% +3.9% Florence 54 Arizona Criminal Justice Commission PINAL COUNTY Pinal County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Pinal County Attorney’s Office $46,850 $51,926 Pinal County Public Defender’s Office $44,537 $49,357 Difference +10.8% +10.8% Pinal County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Pinal County Attorney’s Office $22,886 $29,040 Pinal County Public Defender’s Office $21,783 $27,574 FY2006 Total Allocated $51,926 $49,357 Pinal County Fill the Gap Funding FY2000 – FY2006 Pinal County Attorney’s Office Pinal County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $24,527 $43,256 $44,647 $44,679 $44,744 $46,850 $51,926 $23,297 $41,087 $42,404 $42,431 $42,535 $44,537 $49,357 Pinal County Attorney’s Office Pinal County Attorney’s Office – FY2006 Fill the Gap Plan The ongoing project to install customized integration software should be completed prior to the end of FY2006. This should result in seamless integration of data collected by the Pinal County Sheriff’s Office into the Pinal County Attorney’s case management system. Gradually, all participants in the criminal justice system in Pinal County will be connected to the system. Given the costs involved and the many failed attempts by systems in other areas of the country, a full year of research was spent on the project, and the second phase may also take a full year. Over the next year, a records maintenance effort will be undertaken to reduce the amount of time required to access criminal cases and additional staff will be assigned to handle this process. New files will be created and established files will be updated to reflect the current needs of prosecutors and their caseloads. A legal secretary will be hired and cross-trained to provide support to the office. The goal is to reduce the number of days required to close 90 percent of felony cases. Pinal County Attorney’s Office – FY2006 Fill the Gap Activity The Pinal County Attorney’s Office used Fill the Gap funds in FY2006 to fund a Legal Secretary position. This staff member assisted the office with the review of each active criminal file and transferred all hard copies to a six part tabbed and labeled color-coded file, which allows prosecutors to immediately and efficiently access any part of an active Fill the Gap FY2006 55 Arizona Criminal Justice Commission case. A new system was devised for filing all new cases so that the amount of paperwork was decreased. An active file storage area was created near the trial unit, eliminating a number of files and boxes that were previously retained in each prosecutor’s office. The office was hindered by a lack of significant staff additions to match a caseload that increased 20 percent in each of the previous years. In an effort to speed up non-victim cases, the office is working with the court and the Public Defender’s Office to expedite these cases through the system. Pinal County Attorney’s Office – FY2007 Fill the Gap Plan Project CRIME will be funded using Fill the Gap funds in FY2007. This project involves creating files needed by prosecutors in a timely and orderly manner, updating and recycling files as needed, acquiring and utilizing long term storage, initiating the Juvenile Automated Case Management System (DAMION), and implementing automated criminal file tracking within DAMION. To accomplish these objectives, one full-time legal secretary will be hired and trained. All staff will be trained on DAMION and existing staff with continue cross training to eliminate the stalling of cases when key staff is out. Pinal County Public Defender Pinal County Public Defender – FY2006 Fill the Gap Plan The office plans on maintaining the paralegal position created in FY2005. In addition, if funding can be secured, a Spanish-speaking attorney will be hired to handle select cases. This will allow the office to handle a larger number of cases in a more efficient manner. Pinal County Public Defender – FY2006 Fill the Gap Activity Fill the Gap funds were used to purchase a new database system for the Pinal County Public Defender’s Office in FY2006. This database system has several advantages over the old system, including an increased ability to track cases and case statistics. A major benefit is the compatibility of the program with the Pinal County Justice Integration Project. The previous database could not interface with any other county database, resulting in the office being left out of coordination efforts. As a result of the new program, the office will be able to access and provide information rapidly in an electronic format. Funds were also used for salary and benefits for a paralegal position. Pinal County Indigent Defense – FY2007 Fill the Gap Plan No plan was submitted by the Pinal County Indigent Defense for FY2007. Fill the Gap FY2006 56 Arizona Criminal Justice Commission Felony Case Statistics Pinal County FY2004-FY2006 Pinal County Attorney’s Office Types of cases excluded from statistics: Misdemeanors FY2004 Percent of Felony Cases Adjudicated 14% within 100 Days of Filing Percent of Felony Cases Adjudicated 41% within 100 Days of Filing Total Felony Cases Filed 1,686 Total Felony Cases Terminated 1,332 FY2005 13% FY2006 16% 38% 43% 2,182 1,598 1,895 2,168 Pinal County Public Defender’s Office The office was unable to report this data due to the general unreliability of the current software system. The process to put in place a new system was begun in March 2005 and should be in place by January 12, 2007. Fill the Gap FY2006 57 Arizona Criminal Justice Commission Santa Cruz County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 42,009 +8.9% +0.7% Nogales 58 Arizona Criminal Justice Commission SANTA CRUZ COUNTY Santa Cruz County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Santa Cruz County Attorney’s Office $8,885 $9,438 Santa Cruz County Superior Court $8,447 $8,971 Difference +6.2% +6.2% Santa Cruz County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Santa Cruz County Attorney’s Office $4,161 $5,277 Santa Cruz County Superior Court $3,961 $5,010 FY2006 Total Allocated $9,438 $8,971 Santa Cruz County Fill the Gap Funding FY2000 – FY2006 Santa Cruz County Attorney’s Office Santa Cruz County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $5,203 $8,741 $8,483 $8,799 $8,705 $8,885 $9,438 $4,942 $8,302 $8,057 $8,356 $8,274 $8,447 $8,971 Santa Cruz County Attorney Santa Cruz County Attorney’s Office – FY2006 Fill the Gap Plan Fill the Gap funds are used to supplement employee salaries, professional services related to computer systems and programs, and equipment purchases such as computers and software. Funds are used to hire local high school students to do filing and data entry, freeing up the clerical staff to focus on processing charging documents and other essential documents. Ongoing efforts to expand data capabilities within the office are partially funded through Fill the Gap funds. Santa Cruz County Attorney’s Office – FY2006 Fill the Gap Plan The Santa Cruz County Attorney’s Office used FY2006 Fill the Gap funds to hire temporary legal assistants to help with case processing. These temporary staff members worked to update files and computer records allowing other staff to focus on the preparation of complaints, disclosure, motions and other documents necessary to process cases through the criminal justice system. A major issue affecting case processing in the office is the lack of an up to date case processing system. The current system is outdated, difficult to use, and does not allow for the extrapolation of statistical information. The office plans to explore new case management systems in the near future. Fill the Gap FY2006 59 Arizona Criminal Justice Commission Santa Cruz County Attorney’s Office – FY2007 Fill the Gap Plan No plan was submitted by the Santa Cruz County Attorney’s Office for FY2007. Santa Cruz County Indigent Defense As there is no public defender’s office in Santa Cruz County, the Santa Cruz County Superior Court is responsible for providing indigent representation. This is accomplished through contracts with local attorneys. Santa Cruz County Indigent Defense – FY2006 Fill the Gap Plan In FY2005, Fill the Gap funds totaling $8,447 were not used. While it has not been determined whether FY2006 funds will be used, possibilities currently under consideration include purchasing a case management system or implementing an Early Disposition Court. Santa Cruz County Indigent Defense – FY2006 Fill the Gap Activity The Santa Cruz Superior Court did not use FY2006 Fill the Gap funds. These funds will be available for use at a later date, along with unused Fill the Gap funds from prior years. Santa Cruz County Indigent Defense – FY2007 Fill the Gap Plan The Superior Court maintains a pool of practicing attorneys to provide legal representation to indigent defendants. As caseloads have grown, the indigent defense budget has been significantly overspent. In an effort to reduce costs, Fill the Gap funds will be used to hire a part-time staff person to do pre-trial services. At the end of one year, an assessment will be conducted to determine the effectiveness of the position. Felony Case Statistics Santa Cruz County FY2004-FY2006 Santa Cruz County Attorney’s Office The office is currently unable to provide the statistics requested. Santa Cruz County Superior Court Types of cases excluded from statistics: Warrants, Diversions, Rule 11, Appeals FY2004 FY2005 Percent of Felony Cases Adjudicated 30.9% 34.1% within 100 Days of Filing Percent of Felony Cases Adjudicated 5.6% 9.2% within 180 Days of Filing Total Felony Cases Filed 254 353 Total Felony Cases Terminated 251 305 Fill the Gap FY2006 FY2006 32.6% 12.4% 354 315 60 Arizona Criminal Justice Commission Yavapai County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 198,701 +17.6% +3.3% Prescott 61 Arizona Criminal Justice Commission YAVAPAI COUNTY Yavapai County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Yavapai County Attorney’s Office $51,322 $58,499 Yavapai County Public Defender’s Office $48,787 $55,605 Yavapai County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Yavapai County Attorney’s Office $25,769 $32,730 Yavapai County Public Defender’s Office $24,527 $31,078 Difference +14.0% +14.0% FY2006 Total Allocated $58,499 $55,605 Yavapai County Fill the Gap Funding FY2000 – FY2006 Yavapai County Attorney’s Office Yavapai County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $22,973 $41,765 $44,641 $46,245 $48,078 $51,322 $58,499 $21,820 $39,761 $42,398 $43,919 $45,705 $48,787 $55,605 Yavapai County Attorney’s Office Yavapai County Attorney’s Office – FY2006 Fill the Gap Plan The Yavapai County Attorney’s Office will work with the Courts and Indigent Defense to continue improving the Early Disposition Court. This program, begun in May 2004, has improved case processing time system-wide. In FY2006, Fill the Gap funds will be used to fund two prosecutor positions to assist in the Early Disposition Court process. In addition to the positions, Fill the Gap and other funds will be used to help fund the Early Disposition Court. New procedures and increased cooperation aimed at reducing unnecessary court appearances and ensuring timely and meaningful trial dates will be a priority in FY2006. Yavapai County Attorney’s Office – FY2006 Fill the Gap Activity The Yavapai County Attorney’s Office used Fill the Gap funds for personnel costs related to the Early Disposition Court. This court is a cooperative effort between the Yavapai County Superior Court, the County Attorney’s Office, and the Public Defender to expedite felony cases. This court has improved case processing, while reducing the pending case loads of felony prosecutors. In the Early Disposition Court process, prosecutors work with law enforcement to provide disclose, and often a plea deal, prior to the preliminary hearing or grand jury proceeding. In the process of developing this court, the county Board of Supervisors Fill the Gap FY2006 62 Arizona Criminal Justice Commission approved new positions in many different agencies to be involved in running the court. The Fill the Gap funds pay portions of two attorney positions. Yavapai County Attorney’s Office – FY2007 Fill the Gap Plan The Yavapai County Attorney’s Office plans to continue using the Fill the Gap funds for the Early Disposition Court. This cooperative effort between the prosecutor’s office, the defense, and the courts allows cases to be processed quickly. Two prosecutor positions will be funded for this court, and the funds will be used to supplement the cost of a supervisor’s salary. Yavapai County Public Defender’s Office Yavapai County Indigent Defense – FY2006 Fill the Gap Plan The Yavapai County Public Defender’s Office will continue to work with the court, county attorney, jail, and police departments to improve the Early Disposition Court. This court has improved case-processing times, but has also increased the pressure on defense counsel. Internal procedures designed to continue to improve the processing of cases will be implemented in FY2006 as the office deals with the initial increased workload caused by cases going to court more quickly. There will also be a focus on increasing cooperation with the county attorney’s office and the courts. Yavapai County Indigent Defense – FY2006 Fill the Gap Activity The end of FY2006 was the end of the second full year of the Early Disposition Court. This court has significantly improved the processing of felony cases in Yavapai County. The process involved for the Early Disposition Court is more intensive than for cases heard in other courts, as preparation must be completed more quickly. Staff is rotated in and out of the program to prevent burn-out. Fill the Gap funds were used by the Yavapai County Public Defender to contract with attorneys for indigent defense in FY2006. Cooperation between the agencies involved with the Early Disposition Court has been vital to its continued success. The agencies have fairly good communication and cooperation. Yavapai County Indigent Defense – FY2007 Fill the Gap Plan In FY2007, the Yavapai County Public Defender’s Office will hire a consultant to work with the agency to determine the best data collection software available to meet the needs of the office. An integration effort within the county will result in the Public Defender’s Office being able to transmit data electronically. The Early Disposition Court will continue to be supported in its third year of operation. Fill the Gap FY2006 63 Arizona Criminal Justice Commission Felony Case Statistics Yavapai County FY2004-FY2006 Yavapai County Attorney’s Office Types of cases excluded from statistics: Appeals, Technical Violations FY2004 FY2005 Percent of Felony Cases Adjudicated Not provided. Not provided. within 100 Days of Filing Percent of Felony Cases Adjudicated Not provided. Not provided. within 180 Days of Filing Total Felony Cases Filed 2,525 2,498 Total Felony Cases Terminated Not provided. Not provided. Yavapai County Public Defender’s Office Types of cases excluded from statistics: Appeals, Warrants, Probation Violations FY2004 FY2005 Percent of Felony Cases Adjudicated 46% 61% within 100 Days of Filing Percent of Felony Cases Adjudicated 78% 78% within 180 Days of Filing Total Felony Cases Filed 2,439 2,492 Total Felony Cases Terminated 2,422 2,490 Fill the Gap FY2006 FY2006 Not provided. Not provided. 2,894 Not provided. FY2006 72% 89% 2,752 2,751 64 Arizona Criminal Justice Commission Yuma County SAFFORD 2005 U.S. Census Population Estimate: Estimated Population Growth 2000-2005: Percent of Arizona Population: County Seat: Fill the Gap FY2006 181,277 +12.8% +3.1% Yuma 65 Arizona Criminal Justice Commission YUMA COUNTY Yuma County Fill the Gap Funding FY2005 – FY2006 FY2005 FY2006 Yuma County Attorney’s Office $41,230 $45,617 Yuma County Public Defender’s Office $39,191 $43,360 Difference +10.6% +10.6% Yuma County Funding Breakdown FY2006 FY2006 FY2006 General Fund Fine Revenue Yuma County Attorney’s Office $20,105 $25,512 Yuma County Public Defender’s Office $19,136 $24,224 FY2006 Total Allocated $45,617 $43,360 Yuma County Fill the Gap Funding FY2000 – FY2006 Yuma County Attorney’s Office Yuma County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 $24,256 $42,493 $43,498 $43,766 $42,763 $41,230 $45,617 $23,040 $40,362 $41,313 $41,564 $40,649 $39,191 $43,360 Yuma County Attorney’s Office Yuma County Attorney’s Office – FY2006 Fill the Gap Plan Two positions funded through Fill the Gap, an investigator and a secretary, have helped support the Yuma County Attorney’s Office in a relatively new procedure utilizing preliminary hearings and presenting cases to the grand jury bi-weekly weekly. Grand jury presentations were previously done one day a week. Preliminary hearings will allow cases to be resolved more quickly in many instances. Together, this has improved the flow of cases through the criminal justice system. In FY2006, the investigator and secretary position will continue to be funded through Fill the Gap. Quarterly office meetings will be used to continue to explore ways to increase the flow of case processing. Yuma County Attorney’s Office – FY2006 Fill the Gap Activity An investigator was funded through Fill the Gap in FY2006 for the Yuma County Attorney’s Office. This position was used to prepare cases. FY2006 was the third year that Yuma County used preliminary hearings. This system has enabled the office to complete routine felony cases more quickly. While the preliminary hearing system has increased case processing speed for the cases involved, it places intense pressure on support staff to have everything prepared in a short period of time. The system has created more work in many areas as many cases, must be worked on quickly and simultaneously. Fill the Gap FY2006 66 Arizona Criminal Justice Commission In June 2006, a new server was set up for the case database, necessitated by an increased volume of information. A disruption occurred during the data transfer as a large amount of data was corrupted, and potentially lost. This has slowed case processing and impaired the ability of the office to retrieve case records and statistics. Yuma County Attorney’s Office – FY2007 Fill the Gap Plan Support staff positions funded by Fill the Gap have been instrumental in allowing the Yuma County Attorney’s Office to process cases and make use of preliminary hearings to speed cases through the system. Fill the Gap funds will be used to continue to fund these positions in FY2007. Yuma County Public Defender’s Office Yuma County Indigent Defense – FY2006 Fill the Gap Plan Fill the Gap funds will be used to purchase furniture and equipment necessary for the new offices that the Yuma County Public Defender’s Office will be moving into in FY2006. The new space and equipment will increase the ability of the office to operate in an efficient manner. Yuma County Indigent Defense – FY2006 Fill the Gap Activity The Yuma County Public Defender’s Office used Fill the Gap funds to purchase computer hardware and software, office equipment, and legal research material. These purchases helped to streamline case processing and enhance the office environment. Major issues affecting cases within the agency include conducting effective conflicts checks, and obtaining overflow cases management statistics. Yuma County Indigent Defense – FY2007 Fill the Gap Plan To the extent available, Fill the Gap funds will be used by the Yuma County Public Defender’s Office to hire an attorney, secretary and/or paralegal staff, and case processing systems that will facilitate and improve the processing of criminal cases in Yuma County. Fill the Gap FY2006 67 Arizona Criminal Justice Commission Felony Case Statistics Yuma County FY2004-FY2006 Yuma County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants, Rule 11, Post-Conviction, Appeals, Probation Violation, Pre-Conviction Drug Court, Justice Court FY2004 FY2005 FY2006 Percent of Felony Cases Adjudicated Not provided. 47% 62% within 100 Days of Filing Percent of Felony Cases Adjudicated Not provided. 85% 86.36% within 180 Days of Filing Total Felony Cases Filed Not provided. 1,645 1,704 Total Felony Cases Terminated Not provided. 1,817 933 Yuma County Public Defender’s Office Types of cases excluded from statistics: Probation Violation, Misdemeanors, Juvenile, Appeals, PCR’s, Special Actions FY2004 FY2005 FY2006 Percent of Felony Cases Adjudicated 69% 36% 61% within 100 Days of Filing Percent of Felony Cases Adjudicated 93% 53% 78% within 180 Days of Filing Total Felony Cases Filed 731 630 500 Total Felony Cases Terminated 703 609 478 Fill the Gap FY2006 68 Arizona Criminal Justice Commission ARIZONA FILL THE GAP FUNDING In FY2006, County Attorney’s Office’s received a total of $157,700 from General Fund Appropriations, and $847,800 from fine surcharges, for a total of $1,005,500. County Attorney Fill the Gap Funding FY2006 General Fund Fine Appropriations Revenue Apache County Attorney’s Office $6,082 $7,704 Cochise County Attorney’s Office $13,415 $17,016 Coconino County Attorney’s Office $14,926 $18,941 Gila County Attorney’s Office $8,212 $10,435 Graham County Attorney’s Office $4,307 $5,467 Greenlee County Attorney’s Office $1,064 $1,351 La Paz County Attorney’s Office $4,156 $5,286 Maricopa County Attorney’s Office $541,572 Mohave County Attorney’s Office $19,914 $25,271 Navajo County Attorney’s Office $12,703 $16,125 Pima County Attorney’s Office $106,073 Pinal County Attorney’s Office $22,886 $29,040 Santa Cruz County Attorney’s Office $4,161 $5,277 Yavapai County Attorney’s Office $25,769 $32,730 Yuma County Attorney’s Office $20,105 $25,512 County Attorney Total $157,700 $847,800 Total Fill the Gap Revenues $13,786 $30,431 $33,867 $18,647 $9,774 $2,415 $9,442 $541,572 $45,185 $28,828 $106,073 $51,926 $9,438 $58,499 $45,617 $1,005,500 In FY2006, Indigent Defense received a total of $150,100 from General Fund Appropriations, and $805,000 from fine surcharges, for a total of $955,100. Indigent Defense Fill the Gap Funding FY2006 General Fund Fine Appropriations Revenue Apache County Indigent Defense $5,789 $7,315 Cochise County Indigent Defense $12,770 $16,157 Coconino County Indigent Defense $14,206 $17,985 Gila County Indigent Defense $7,816 $9,908 Graham County Indigent Defense $4,099 $5,191 Greenlee County Indigent Defense $1,013 $1,283 La Paz County Indigent Defense $3,955 $5,019 Maricopa County Indigent Defense $514,231 Mohave County Indigent Defense $18,954 $23,996 Navajo County Indigent Defense $12,091 $15,311 Pima County Indigent Defense $100,718 Pinal County Indigent Defense $21,783 $27,574 Santa Cruz County Indigent Defense $3,961 $5,010 Yavapai County Indigent Defense $24,527 $31,078 Yuma County Indigent Defense $19,136 $24,224 Indigent Defense Total $150,100 $805,000 Fill the Gap FY2006 Total Fill the Gap Revenues $13,104 $28,927 $32,191 $17,724 $9,290 $2,296 $8,974 $514,231 $42,950 $27,402 $100,718 $49,357 $8,971 $55,605 $43,360 $955,100 69 Arizona Criminal Justice Commission CASE PROCESSING DATA COLLECTION IMPROVEMENTS Fill the Gap funds were designed to help agencies bring case processing times in line with state standards. Many agencies lack the ability to generate statistical information regarding case processing times, hampering their efforts to improve with the ability to measure improvement. Those agencies that do measure case processing times on a regular basis are then tasked with using the information within the office to improve case processing procedures and to decrease the amount of time it takes to move cases through the criminal justice system. It is hoped that all agencies will have the ability to measure case processing time and use those measurements to improve case processing in the future. Most agencies work each year to improve data collection and use. Those efforts are summarized below. • The Apache County Attorney’s Office worked with their case management software vendor to begin installation of an upgrade that will consolidate data and allow greater use of a new high speed scanner. • The Apache County Superior Court implemented a new calendaring system and a local case management system. • The Cochise County Attorney’s Office assigned a disclosure clerk to complete intakes and assign cases, ensuring that cases are assigned in a timely manner. The data processing/case management system is being refined and staff is being trained on the software and equipment uses. In addition, monthly reports are now being used to track how many cases were closed each month and how long active cases have been open. • The Cochise County Public Defender’s Office is holding meetings to review data entry issues in an effort to improve the accuracy of data in the database. • The Coconino County Attorney’s Office completed automating criminal history data with the Department of Public Safety. This automation completed the link between arresting agency, the courts, jail, and the county attorney’s office providing the ability to electronically transfer data. • The Coconino County Superior Court case flow manager used three reports to improve the collection and reporting of case processing data. The Case Management Report helps identify stalled cases, the error reports identify data errors, and the financial reports allow the Clerk of the Court to review and validate financial records. • The Gila County Attorney’s Office began training new staff on the basics of collecting and reporting data. Fill the Gap FY2006 70 Arizona Criminal Justice Commission • The Gila County Superior Court hired a case flow manager in FY2005 who developed local reports from the Clerk of the Court’s monthly reports. This allowed for the identification of over 200 cases listed as pending that were closed. This manager identifies cases that have been open the longest and provides this information to attorneys and judges allowing these cases to be placed under special management case status. • The Graham County Attorney’s Office added a program that allows the office to access and receive offense reports electronically from law enforcement agencies. • The Graham County Superior Court has developed reports that are used by the court to report statistical information. The court plans to develop further reports for internal use. • The Greenlee County Superior Court is working with the Clerk of the Court’s Office to receive more accurate data and improve data entry. • The La Paz County Public Defender’s Office has converted paper files into Microsoft Excel files for the last three years. This allows for better case age tracking. The office also upgraded the legal software used. • The Maricopa County Attorney’s Office devoted considerable effort in exchanging information electronically with criminal justice system partners. Various new modules have been added to the case management system that allow officers to be notified when hearings are scheduled, allow staff to track detailed information about discovery, allow for an automated scheduler, and other benefits. The system was modified to allow for a common case number. This added number allows data to be transmitted more efficiently throughout the criminal justice process. An increased emphasis on collecting more data and putting it in a useful and available format has resulted in many additional fields being added to the case management system. • The Maricopa County Public Defender’s Office upgraded the new case management system to allow both the public defender and indigent defense office to use the program to generate useful statistical information. This integrated system also allows for better data feed between justice system partners. • The Mohave County Attorney’s Office upgraded their case management system and obtained access to the court’s database. • The Mohave County Public Defender’s Office refined the current data entry process to ensure more accurate reporting and upgraded their database information system. Fill the Gap FY2006 71 Arizona Criminal Justice Commission • The Navajo County Attorney’s Office met with representatives from the vendor for their case management system for training and developing case aging statistics. • The Navajo County Public Defender’s Office worked to strengthen relationships with court personnel resulting in better access to information. The office is working to obtain a license to access court data directly. • The Pima County Attorney’s Office is in the process of upgrading the criminal division case management system. • The Pima County Office of Court Appointed Counsel continued to refine their criminal justice data warehouse. • The Pinal County Attorney’s Office implemented a juvenile version of its data collection software to standardize operations and provide data electronically that previously had to be collated by hand. Purchases of new hardware have reduced system down time. • The Pinal County Public Defender’s Office has purchased a new case tracking system that will be operational in January 2007. Internal tracking has also been changed so that case information is more accurate. • The Santa Cruz County Superior Court is implementing new reports and improving old reports to improve case management. • The Yavapai County Attorney’s Office upgraded the existing database program in January 2006. • The Yuma County Attorney’s Office is conducting monthly training for support staff on improving the collection of case data. A new server was also purchased to house the database. • The Yuma County Public Defender’s Office has undertaken a feasibility study regarding a new data control system. Fill the Gap FY2006 72 Arizona Criminal Justice Commission FINDINGS • Despite Fill the Gap funding, cases are not being processed within the timelines established by the Arizona Supreme Court. • A lack of standardized definitions for case processing and varying measures of case processing results in data that cannot be compared between agencies. • Throughout the state, agencies are working to communicate electronically between agencies where possible. • There is an increased amount of cooperation between agencies in the area of case processing. • Early disposition courts and DUI/Drug courts are increasingly being used to process cases quickly. • Agencies are relying on technology to improve operations at a time where criminal case filings are increasing in most counties. Fill the Gap FY2006 73 Arizona Criminal Justice Commission CONCLUSION County Attorney and Indigent Defense agencies employed a variety of approaches in FY2006 in an effort to improve case processing. In all but Greenlee County, the agencies saw an increase in the amount of Fill the Gap funding they received in FY2006. Many agencies used the funds to hire personnel needed to keep up with increases in cases, while other agencies chose to upgrade or replace the case management system used by the office. Agencies described Fill the Gap funding as important in their efforts to keep up with increasingly challenging and time-consuming court processes. However, even with the funds, criminal case processing times have not been able to meet the timelines established by the Arizona Supreme Court. Many of the rural counties indicated a lack of qualified attorneys in the area, coupled with a large turnover of staff as impacting case processing, while other counties indicated an increase in cases that exceeds the increase in staff to manage those cases. Increased effort toward integration has resulted in the ability of several counties to transmit discovery and other documents electronically, saving time during this process. Several agencies also report an increased emphasis on communication between county attorneys, indigent defense, and the courts, both for scheduling purposes and for identifying ways to improve case processing in general. One area where many agencies struggle is determining criminal case processing time. Standardized methods for determining this, or a standardized report from the court broken down by county, would improve the ability of the agencies to report on progress toward meeting case processing timelines. Some agencies also noted the fact that the continuation of Fill the Gap funding is not assured, making it difficult to plan for future expenditures, hire personnel, or create multi-year case processing improvement plans, funded by Fill the Gap. Some smaller agencies have saved Fill the Gap funds for multiple years in order to make larger purchases than permitted by Fill the Gap funding. Fill the Gap FY2006 74 Arizona Criminal Justice Commission Appendix A: Arizona Revised Statutes Authorizing Fill the Gap Funding 11-539. State aid to county attorneys fund A. The state aid to county attorneys fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to county attorneys for the processing of criminal cases. B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate fund monies to each county pursuant to section 41-2409, subsection A. C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the processing of criminal cases by county attorneys. D. Monies in the state aid to county attorneys fund are exempt from the provisions of section 35190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation. Any state general fund monies appropriated to the fund may be spent without further legislative appropriation. E. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. 11-588. State aid to indigent defense fund A. The state aid to indigent defense fund is established consisting of monies appropriated to the fund and monies allocated to the fund pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to the county public defender, legal defender and contract indigent defense counsel for the processing of criminal cases. B. The Arizona criminal justice commission shall administer the fund. The commission shall allocate monies in the fund to each county pursuant to section 41-2409, subsection C. C. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by counties for the processing of criminal cases by the county public defender, legal defender and contract indigent defense counsel in each county. D. Monies in the state aid to indigent defense fund are exempt from the provisions of section 35190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation. Any state general fund monies appropriated to the fund may be spent without further legislative appropriation. E. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. 12-102.01. Criminal case processing and enforcement improvement fund A. The criminal case processing and enforcement improvement fund is established consisting of monies appropriated to the fund. The purpose of the fund is to improve the processing of criminal cases in the superior court and the justice courts and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. B. The supreme court shall administer the fund. The supreme court shall allocate monies in the fund to counties for the planning and implementation of collaborative projects that are designed to improve the processing of criminal cases and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. At a minimum, each project shall involve the county attorney, county public Fill the Gap FY2006 75 Arizona Criminal Justice Commission defender, county legal defender, county contract indigent defense counsel, superior court, clerk of the superior court, county manager and justice courts in the county. Additional criminal justice entities may also be included in the project. C. To be eligible for funding, pursuant to this section, a county shall submit to the supreme court a plan that demonstrates how the county attorney, county public defender, county legal defender, county contract indigent defense counsel, superior court including the clerk of the superior court, justice courts and other identified criminal justice entities will work together collaboratively to both: 1. Identify current problems with criminal case processing and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. 2. Identify possible solutions and efficiencies to improve the case processing time and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. D. By January 8 of each year, the supreme court shall report to the governor, the legislature, each county board of supervisors, the joint legislative budget committee and the Arizona criminal justice commission on the progress of the criminal case processing projects and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. The county attorney, indigent defense counsel and county board of supervisors in each county and the attorney general shall assist the supreme court in preparing the report by providing information relevant to the report. This information may be combined into one report with the information required pursuant to section 12-102.02, subsection D. E. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties and the state to improve the processing of criminal cases and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are subject to legislative appropriation. G. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. 12-102.02. State aid to the courts fund A. The state aid to the courts fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to the superior court, including the clerk of the superior court, and justice courts for the processing of criminal cases. B. The supreme court shall administer the fund. The supreme court shall allocate monies in the fund to the superior court, including the clerk of the court, and the justice courts in each county according to the following composite index formula: 1. The three year average of the total felony filings in the superior court in the county, divided by the statewide three year average of the total felony filings in the superior court. 2. The county population, as adopted by the department of economic security, divided by the statewide population, as adopted by the department of economic security. 3. The sum of paragraphs 1 and 2 divided by two equals the composite index. 4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421. Fill the Gap FY2006 76 Arizona Criminal Justice Commission C. The presiding judge of the superior court in each county, in coordination with the chairman of the county board of supervisors or the chairman's designee, the clerk of the superior court and the presiding justice of the peace of the county shall submit a plan to the supreme court that details how the funds allocated to the county pursuant to this section will be used and how the plan will assist the county in improving criminal case processing. The presiding judge of the superior court, the chairman of the board of supervisors or the chairman's designee, the clerk of the superior court and the presiding justice of the peace shall sign the plan and shall indicate their endorsement of the plan as submitted or shall outline their disagreement with any provisions of the plan. The supreme court may approve the plan or require changes to the plan in order to achieve the goal of improved criminal case processing. D. By January 8, 2001 and every year thereafter by January 8, the supreme court shall report to the governor, the legislature, the joint legislative budget committee, each county board of supervisors and the Arizona criminal justice commission on the expenditure of the fund monies for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing. This information may be combined into one report with the information required pursuant to section 12-102.01, subsection D. E. All monies spent or distributed from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the processing of criminal cases in the superior court, including the office of the clerk of the superior court, and justice courts. F. Monies in the state aid to the courts fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation. Any state general fund monies appropriated to the fund may be spent without further legislative appropriation. G. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. 12-116.01. Assessments; fund deposits A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of forty-seven per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. B. In addition to any other penalty assessment provided by law, an additional penalty assessment shall be levied in an amount of seven per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. C. In addition to any other penalty assessment provided by law, an additional penalty assessment shall be levied in an amount of three per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. D. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the assessment prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the assessment pursuant to subsection G of this section. If bail, Fill the Gap FY2006 77 Arizona Criminal Justice Commission bond or deposit is returned, the assessment made pursuant to this article shall also be returned. E. After addition of the penalty assessment, the courts may round the total amount due to the nearest one-quarter dollar. F. The judge may waive all or part of the civil penalty, fine, forfeiture and penalty assessment, except for mandatory civil penalties and fines, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the penalty assessments prescribed by subsections A, B and C of this section and section 12-116.02. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and penalty assessment is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the penalty assessment represent of the total amount due. G. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the assessments collected pursuant to subsections A, B, C and D of this section and a remittance report of the fines, civil penalties and assessments collected pursuant to subsections A, B, C and D of this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city treasurer. H. The appropriate authorities specified in subsection G of this section shall transmit the fortyseven per cent penalty assessment prescribed in subsection A of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41-2401. I. The appropriate authorities specified in subsection G of this section shall transmit the seven per cent penalty assessment prescribed in subsection B of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for allocation pursuant to section 41-2421, subsection J. J. The appropriate authorities specified in subsection G of this section shall transmit the three per cent penalty assessment prescribed in subsection C of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41-2419. K. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I and J of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the penalty assessment represent of the total amount due. 41-2409. State aid; administration A. The Arizona criminal justice commission shall administer the state aid to county attorneys fund established by section 11-539. By September 1 of each year, the commission shall distribute monies in the fund to each county according to the following composite index formula: 1. The three year average of the total felony filings in the superior court in the county, divided by the statewide three year average of the total felony filings in the superior court. 2. The county population, as adopted by the department of economic security, divided by the statewide population, as adopted by the department of economic security. 3. The sum of paragraphs 1 and 2 divided by two equals the composite index. 4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421. Fill the Gap FY2006 78 Arizona Criminal Justice Commission B. The board of supervisors in each county shall separately account for the monies transmitted pursuant to subsection A of this section and may expend these monies only for the purposes specified in section 11-539. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11-539. C. The Arizona criminal justice commission shall administer the state aid to indigent defense fund established by section 11-588. By September 1 of each fiscal year, the commission shall distribute monies in the fund to each county according to the following composite index formula: 1. The three year average of the total felony filings in the superior court in the county divided by the statewide three year average of the total felony filings in the superior court. 2. The county population, as adopted by the department of economic security, divided by the statewide population, as adopted by the department of economic security. 3. The sum of paragraphs 1 and 2 divided by two equals the composite index. 4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421. D. The board of supervisors shall separately account for the monies transmitted pursuant to subsection C of this section and may expend these monies only for the purposes specified in section 11-588. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11-588. E. By January 8, 2001 and by January 8 each year thereafter, the commission shall report to each county board of supervisors, the governor, the legislature, the joint legislative budget committee, the chief justice of the supreme court and the attorney general on the expenditure of the monies in the state aid to county attorneys fund and the state aid to indigent defense fund for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing. 41-2421. Enhanced collections; allocation of monies; criminal justice entities A. Notwithstanding any other law and except as provided in subsection J of this section, five per cent of any monies collected by the supreme court and the court of appeals for the payment of filing fees, including clerk fees, diversion fees, fines, penalties, surcharges, sanctions and forfeitures shall be deposited, pursuant to sections 35-146 and 35-147, and allocated pursuant to the formula in subsection B of this section. This subsection does not apply to monies collected by the courts pursuant to section 16-954, subsection C, or for child support, restitution or exonerated bonds. B. The monies deposited pursuant to subsection A of this section shall be allocated according to the following formula: 1. 21.61 per cent to the state aid to county attorneys fund established by section 11-539. 2. 20.53 per cent to the state aid to indigent defense fund established by section 11-588. 3. 57.37 per cent to the state aid to the courts fund established by section 12-102.02. 4. 0.49 per cent to the department of law for the processing of criminal cases. C. Notwithstanding any other law and except as provided in subsection J of this section, five per cent of any monies collected by the superior court, including the clerk of the court and the justice courts in each county for the payment of filing fees, including clerk fees, diversion fees, adult and juvenile probation fees, juvenile monetary assessments, fines, penalties, surcharges, sanctions and forfeitures, shall be transmitted to the county treasurer for allocation pursuant to subsections E, F, G and H of this section. This subsection does not apply to monies collected by the courts pursuant to section 16-954, subsection C or for child support, restitution or exonerated bonds. D. The supreme court shall adopt guidelines regarding the collection of revenues pursuant to subsections A and C. Fill the Gap FY2006 79 Arizona Criminal Justice Commission E. The county treasurer shall allocate the monies deposited pursuant to subsection C of this section according to the following formula: 1. 21.61 per cent for the purposes specified in section 11-539. 2. 20.53 per cent for the purposes specified in section 11-588. 3. 57.37 per cent to the local courts assistance fund established by section 12-102.03. 4. 0.49 per cent to the state treasurer for transmittal to the department of law for the processing of criminal cases. F. The board of supervisors in each county shall separately account for all monies received pursuant to subsections C and E of this section and expenditures of these monies may be made only after the requirements of subsections G and H of this section have been met. G. By December 1 of each year each county board of supervisors shall certify if the total revenues received by the justice courts and the superior court, including the clerk of the superior court, exceed the amount received in fiscal year 1997-1998. If the board so certifies, then the board shall distribute the lesser of either: 1. The total amount deposited pursuant to subsection C of this section. 2. The amount collected and deposited pursuant to subsection C of this section that exceeds the base year collections of fiscal year 1997-1998. These monies shall be distributed according to the formula specified in subsection E of this section. Any monies remaining after this allocation shall be transmitted as otherwise provided by law. H. If a county board of supervisors determines that the total revenues transmitted by the superior court, including the clerk of the superior court and the justice courts in the county, do not equal the base year collections transmitted in fiscal year 1997-1998 the monies specified in subsection C of this section shall be transmitted by the county treasurer as otherwise provided by law. I. For the purposes of this section, base year collections shall be those collections specified in subsection C of this section. J. Monies collected pursuant to section 12-116.01, subsection B shall be allocated as follows: 1. 15.44 per cent to the state aid to county attorneys fund established by section 11-539. 2. 14.66 per cent to the state aid to indigent defense fund established by section 11-588. 3. 40.97 per cent to the state aid to the courts fund established by section 12-102.02. 4. 0.35 per cent to the department of law for the processing of criminal cases. 5. 14.29 per cent to the Arizona criminal justice commission for distribution to state, county and municipal law enforcement full service forensic crime laboratories pursuant to rules adopted by the Arizona criminal justice commission. 6. 14.29 per cent to the supreme court for allocation to the municipal courts pursuant to subsection K of this section. K. The supreme court shall administer and allocate the monies received pursuant to subsection J, paragraph 6 of this section to the municipal courts based on the total amount of penalty assessments transmitted pursuant to section 12-116.01 by that jurisdiction's city treasurer to the state treasurer for the prior fiscal year divided by the total amount of penalty assessments transmitted to the state treasurer pursuant to section 12-116.01 by all city treasurers statewide for the prior fiscal year. The municipal court shall use the monies received to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice. The municipal court shall submit a plan to the supreme court and the supreme court shall approve the plan before the municipal court begins to spend these allocated monies. Fill the Gap FY2006 80 Arizona Criminal Justice Commission ERE Prof Outside Services Travel Operating Expenses Equipment TOTAL EXPENDED Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma State Total Personnel Appendix B: State Aid to County Attorney Expenditures by County 0.00 12,963.75 25,351.00 0.00 2,599.66 0.00 13,811.28 287,998.00 9,647.00 219.29 124,817.50 11,222.87 4,956.00 61,225.11 35,476.00 $590,287.46 0.00 4,131.42 8,775.00 0.00 744.21 0.00 248.18 104,362.00 0.00 63.95 31,230.03 3,507.67 389.90 0.00 10,141.00 $163,593.36 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,530.00 0.00 0.00 6,630.77 0.00 0.00 0.00 $16,160.77 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,541.00 0.00 0.00 0.00 0.00 0.00 0.00 $3,541.00 0.00 0.00 0.00 3,990.00 1,306.80 2,454.53 0.00 0.00 41,974.00 9,538.15 775.00 2,681.92 0.00 0.00 0.00 $62,720.40 7,910.92 0.00 0.00 7,837.59 8,947.03 0.00 0.00 0.00 11,384.00 45,151.24 0.00 30,049.16 0.00 0.00 0.00 $111,279.94 7,910.92 17,095.17 34,126.00 11,827.59 13,597.70 2,454.53 14,059.46 392,360.00 76,076.00 54,972.63 156,822.53 54,092.39 5,345.90 61,225.11 45,617.00 $947,582.93 Fill the Gap FY2006 81 Arizona Criminal Justice Commission ERE Prof Outside Services Travel Operating Expenses Equipment TOTAL EXPENDED Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma State Total Personnel Appendix C: State Aid to Indigent Defense Expenditures by County 0.00 15,047.00 0.00 0.00 0.00 0.00 2,068.80 533,080.68 1,564.00 211.92 11,137.50 1,502.40 0.00 0.00 0.00 $564,612.30 0.00 0.00 0.00 0.00 0.00 0.00 379.73 0.00 4,632.00 32.01 529.41 0.00 0.00 0.00 0.00 $5,573.15 13,104.13 2,850.00 32,545.00 4,856.75 9,437.55 3,700.00 0.00 0.00 2,978.00 0.00 18,664.14 0.00 0.00 56,181.00 3,120.00 $147,436.57 0.00 0.00 0.00 0.00 0.00 0.00 306.85 0.00 12,956.00 0.00 0.00 0.00 0.00 0.00 0.00 $13,262.85 0.00 0.00 0.00 10,485.00 0.00 0.00 0.00 0.00 17,907.00 686.87 0.00 0.00 0.00 0.00 6,413.00 $35,491.87 0.00 4,775.32 0.00 0.00 0.00 0.00 0.00 0.00 4,152.34 24,987.65 29,357.53 80,000.00 0.00 0.00 3,964.14 $147,236.98 13,104.13 22,672.32 32,545.00 15,341.75 9,437.55 3,700.00 2,755.38 533,080.68 44,189.34 25,918.45 59,688.58 81,502.40 0.00 56,181.00 13,497.14 $913,613.72 Fill the Gap FY2006 82