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 2008 Report January 2009 ARIZONA CRIMINAL JUSTICE COMMISSION Vice-Chairperson DANIEL HUGHES, Chief Surprise Police Department Chairperson RALPH OGDEN Yuma County Sheriff JOHN R. ARMER Gila County Sheriff JOSEPH ARPAIO Maricopa County Sheriff DUANE BELCHER, Chairperson Board of Executive Clemency DAVID K. BYERS, Director Administrative Office of the Courts CLARENCE DUPNIK Pima County Sheriff TERRY GODDARD Attorney General ROBERT HUDDLESTON, Chief Casa Grande Police Department BARBARA LAWALL Pima County Attorney DAVID SANDERS Pima County Chief Probation Officer DORA SCHRIRO, Director Department of Corrections LINDA SCOTT Former Judge DANIEL G. SHARP, Chief Oro Valley Police Department GEORGE E. SILVA Santa Cruz County Attorney CARL TAYLOR Coconino County Supervisor ANDREW P. THOMAS Maricopa County Attorney ROGER VANDERPOOL, Director Department of Public Safety Mayor VACANT JOHN A. BLACKBURN, JR. Executive Director PHILLIP STEVENSON, Director Statistical Analysis Center JOY LITZENBERGER Research Analyst Table of Contents Introduction 1 Research Methods 1 Arizona Legislation 4 Arizona Case Timelines 6 Report Layout 6 Apache County 8 Cochise County 12 Coconino County 16 Gila County 20 Graham County 24 Greenlee County 28 La Paz County 31 Maricopa County 35 Mohave County 39 Navajo County 43 Pima County 47 Pinal County 51 Santa Cruz County 55 Yavapai County 59 Yuma County 63 Conclusions and Recommendations 67 Appendix A: Arizona Fill the Gap Funding 68 Appendix B: Summary of the Use of Fill the Gap Funds in FY2008 69 Appendix C: Arizona Revised Statutes Authorizing Fill the Gap Funding 71 Appendix D: State Aid to County Attorney Expenditures by County 77 Appendix E: State Aid to Indigent Defense Expenditures by County 78 Arizona Criminal Justice Commission INTRODUCTION In 1999, Arizona Senate Bill 1013 was passed into law, which came to be known as Fill the Gap (FTG) legislation. SB1013 created three funds to be used by three separate stakeholders in the court process to improve criminal case processing: county attorneys, public or indigent defenders, and the courts. The three funds receive monies from legislative 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). Fill the Gap was created in order to address the increasing number of cases processed in the court system caused by an increase in the population of Arizona and an increase in law enforcement resources at the federal and local level in the 1990s. For example, from 2000 to 2007 Arizona’s population increased 23.5 percent and, at the same time, the number of felony case filings increased by 43.1 percent. Increasing caseloads resulted in increasing case processing times, creating a significant gap between arrest and disposition (Arizona Office of the Court’s Fill the Gap Annual Report, 2007, 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 population growth and increased funding to other components of the criminal justice system. This report fulfills the statutory requirement for ACJC to report on the Fill the Gap funds as required by A.R.S. §41-2409. 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. RESEARCH METHODS The Arizona Criminal Justice Commission’s Statistical Analysis Center (SAC) developed an annual reporting form that was distributed to funded entities. Agencies completed the form and returned them to ACJC. The reporting form captured how Fill the Gap funds were spent in FY2008 and how they improved criminal case processing, case processing statistics, and comments on related issues that were encountered during the year. Entities also were asked to complete and return a plan for FY2009 expenditures. Data from the annual reporting forms and future funding plans were then compiled by Fill the Gap FY2008 1 Arizona Criminal Justice Commission county and analyzed to identify common spending priorities, improvements in data gathering and reporting practices, and remaining challenges that still face agencies. In order to provide uniform case processing statistics in this report, agencies were asked to report case processing statistics for felony cases using the date of arraignment on charges as the date of filing and the date of sentencing as the date of adjudication. For diversion cases, the date of diversion is the date of adjudication. Days when a case is on warrant status were to be excluded from total case processing days. Appeals were not to be included. For these reasons, case processing statistics in this report may not match statistics published elsewhere. As case management system capabilities vary widely by agency, some agencies were not able to follow these guidelines for reporting. While agencies continually improve their reporting capabilities, even with set criteria for determining case processing times data in this report is not yet comparable between agencies. Arizona Computerized Criminal History (ACCH) Each agency funded by Fill the Gap was asked to provide case processing data in their annual reporting form. Information provided by these agencies allows case processing to be evaluated at the agency level. However, data provided by each agency is not comparable with each other, even within the same county because of differences in collection and reporting methods, as well as case management system capabilities. For this reason, SAC staff also analyzed county case processing times according to information in the Arizona Computerized Criminal History (ACCH) record system. Because the date that a felony case is filed in court by the county attorney is not included in the ACCH database, the date of arrest was used as the start of a case. While this will result in a lower percentage of cases completed within the 180-day window, it does provide the ability to report case processing across counties using a uniform data source and method for calculating case processing times. Only cases where both arrest and adjudication information was entered into ACCH were included in this analysis. All felony arrest counts (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other charges were included. To prevent having a small number of cases skew case data, a standard process was used for each year and county to select cases. All cases included in the FY2006 analysis included arrests from calendar years 1995 to 2005 that were resolved in FY2006. All cases included in the FY2007 analysis included arrests from calendar years 1996 to 2006 that were resolved in FY2007. All cases included in the FY2008 analysis included arrests from January 1, 1997 to October 31, 20071 that were resolved in FY2008. Every case included in the analysis included disposition data in ACCH. 1 October 1, 2007 was the latest date for which case information was available at the time of analysis. Fill the Gap FY2008 2 Arizona Criminal Justice Commission Also, cases that resulted in diversion were included from the analysis. Increasing diversion cases is considered a valid use of Fill the Gap funds. However, including these cases skew the data for counties that divert a large percentage of felony cases. This is because the date of dismissal from a diversion court for many jurisdictions is the date included in this system as the adjudication date rather than the date that a defendant enters the diversion court process. Many diversion courts are specifically set up to take a longer period of time than the 180-day period in order to monitor compliance. While there are significant limitations to the data analysis, this process does provide a uniform measure for each county. Limitations to the data include the inability to filter out time that cases were on warrant status, the inability to include cases with data entry errors, and the lack of agency level data. It is advised that the ACCH tables be used to view improvement in case processing at the county level. Importantly, this information is not a valid presentation of how many cases are completed within case processing requirements at the court level because of the data limitations mentioned above. Fill the Gap FY2008 3 Arizona Criminal Justice Commission ARIZONA LEGISLATION The Arizona Legislature created the State Aid Fund in 1999 to provide funding for prosecutors, indigent defense, and courts to bring case processing times in line with standards set by the Arizona Supreme Court. These funds were designed to supplement, rather than supplant, spending by funded agencies. ACJC 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 be used for improving the processing of criminal cases and that they are to be used to supplement, rather than supplant, county funds. These statutes mandate that ACJC 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 according to 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; and • 0.49 percent to the Department of Law for the processing of criminal cases. ACJC 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. Of those funds that ACJC administers, 51 percent ($1,210,200 in FY2008) was allocated to the State Aid to County Attorneys Fund and 49 percent ($1,149,300 in FY2008) 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; Fill the Gap FY2008 4 Arizona Criminal Justice Commission • • • 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; and 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 funds 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. 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 Administrative Office of the Courts (AOC). The five percent setaside 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 ACJC. It should be noted that counties with Fill the Gap FY2008 5 Arizona Criminal Justice Commission populations exceeding 500,000 (i.e., Maricopa and Pima) were not eligible for general fund Fill the Gap appropriations in FY2007. These counties still received fine revenue. Arizona Revised Statutes §12-102.02 and §41-2409 require that ACJC and the AOC report on the Fill the Gap funds they administer by January 8 of each year. This report serves as the report that the ACJC 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. These rules have been modified to more accurately reflect 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 a change to the processing of death penalty cases, 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, FY2007). Many agencies exclude cases affected by these rule changes from their case processing statistics. REPORT LAYOUT This report has been organized 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 funds. Each county section of this report will begin with a brief summary of that county, followed by a financial breakdown of Fill the Gap allotments, a section for the county attorney, a section for indigent defense, and then the case processing statistics. At the end of FY2007, funded agencies were asked for the first time to present plans for how Fill the Gap funds would be spent in FY2008. Those plans were reported in the FY2007 report. Not all agencies were able to comply with this new requirement at that Fill the Gap FY2008 6 Arizona Criminal Justice Commission time. For those agencies that did return plans, their section of this report begins with the FY2008 plan summary, followed by a report on Fill the Gap activities and a summary of the FY2009 Fill the Gap plan. Following the project summaries for each county is a table with case processing statistics reported by each grantee, along with statistics generated using data from the Arizona Computerized Criminal History (ACCH) System. Due to varying reporting methods and case tracking limitations, data reported by the county attorney and indigent defense offices are not comparable across jurisdictions. Because of the local variation in how case processing information is determined, the ACCH information is not directly comparable to the data submitted by agencies, however, it is a uniform measure across counties. It also must be noted that the date of arrest is used as the case start date in the ACCH information, while local agencies use date of case filing as the start date to calculate case processing information. Agencies also often exclude some cases that were included in the ACCH analysis. Further discussion of the limitations and strengths of the ACCH data can be found on pages 2 and 3 of this report. Fill the Gap FY2008 7 Arizona Criminal Justice Commission Apache County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 69,980 +0.8% 1.1% St. Johns 8 Arizona Criminal Justice Commission Apache County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Apache County Attorney’s Office $14,131 $15,471 Apache County Superior Court $13,432 $14,703 Difference 9.5% 9.5% Apache County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Apache County Attorney’s Office $5,957 $9,514 Apache County Superior Court $5,670 $9,033 FY2008 Total Allocated $15,471 $14,703 Apache County Fill the Gap Funding FY2000 – FY2008 Apache County Attorney’s Office Apache County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $6,622 $11,900 $12,554 $13,115 $12,930 $12,237 $13,786 $14,131 $15,471 $6,290 $11,304 $11,923 $12,455 $12,292 $11,634 $13,104 $13,432 $14,703 Apache County Attorney’s Office Apache County Attorney’s Office – FY2008 Fill the Gap Plan The County Attorney’s Office planned to use Fill the Gap funds to hire an administrative planner. This position was to be responsible for communicating with the court and defense counsel regarding scheduling and tracking cases. The anticipated benefit from this position was improved communication and coordination between agencies. Apache County Attorney’s Office – FY2008 Fill the Gap Activity Fill the Gap funds were used by the Apache County Attorney’s Office to hire an administrative planner in FY2008. This staff member was responsible for facilitating trial preparation and discovery. The administrative planner also was responsible for preparing statistical reports. This position also helped increase victim notification by 57 percent in FY2008. Apache County Attorney’s Office – FY2009 Fill the Gap Plan The Apache County Attorney’s Office did not submit a plan for FY2009. Apache County Indigent Defense Apache County Indigent Defense – FY2008 Fill the Gap Plan The Apache County Superior Court planned to use Fill the Gap funds to hire noncontract attorneys in order to reduce indigent defense caseloads. The additional attorneys would supplement the four contract attorneys providing indigent defense representation. As there were not sufficient funds to contract with another attorney, the Fill the Gap FY2008 9 Arizona Criminal Justice Commission non-contract attorneys would handle cases with conflicts caused by multiple defendants, as well as cases affected by high caseloads. A rise in complex cases, combined with a capital case, caused indigent defense costs to consume more than 50 percent of the court’s annual budget. Apache Indigent Defense Office – FY2008 Fill the Gap Activity The Apache County Superior Court used Fill the Gap funds to supplement county funds to hire contract attorneys to provide indigent defense in FY2008. Apache County Indigent Defense – FY2009 Fill the Gap Plan The Apache County Superior Court plans to use Fill the Gap funds to hire non-contract attorneys to decrease caseload of contract attorneys and handle cases involving conflicts. Fill the Gap FY2008 10 Arizona Criminal Justice Commission Felony Case Processing Statistics Apache County FY2006-FY2008 Apache County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants and Probation Revocations FY2006 FY2007 Percent of Felony Cases Adjudicated 51.7% 40% within 100 Days of Filing Percent of Felony Cases Adjudicated 77.4% 65% within 180 Days of Filing Total Felony Cases Filed 549 614 Total Felony Cases Terminated 668 563 FY2008 30% 58% 614 566 Apache County Superior Court Types of cases excluded from statistics: Warrants, Appeals, Diversion and Mental Competency Time FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 39.6% 32.2% 28.3% within 100 Days of Filing Percent of Felony Cases Adjudicated 73.8% 66.3% 64.3% within 180 Days of Filing Total Felony Cases Filed 390 363 357 Total Felony Cases Terminated 386 320 314 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Apache County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 304 254 295 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 46% 47% 52% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 11 Arizona Criminal Justice Commission Cochise County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 127,866 +8.6% 2.0% Bisbee 12 Arizona Criminal Justice Commission Cochise County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Cochise County Attorney’s Office $29,517 $30,802 Cochise County Public Defender’s Office $28,056 $29,270 Cochise County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Cochise County Attorney’s Office Cochise County Public Defender’s Office Difference 4.4% 4.3% FY2008 Total Allocated $11,877 $18,925 $30,802 $11,304 $17,966 $29,270 Cochise County Fill the Gap Funding FY2000 – FY2008 Cochise County Attorney’s Office Cochise County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $14,459 $25,120 $25,455 $26,436 $27,148 $28,380 $30,431 $29,517 $30,802 $13,734 $23,860 $24,177 $25,106 $25,807 $26,978 $28,927 $28,056 $29,270 Cochise County Attorney’s Office Cochise County Attorney’s Office – FY2008 Fill the Gap Plan The Cochise County Attorney’s Office planned to use Fill the Gap funds to continue funding current positions. The office would hire additional staff if there was an assurance if continuity of the funds. Staff members were to begin using a new process for reviewing and filing felony complaints, which was implemented in 2007. The office anticipated that the new processes, working in conjunction with the Superior Court, would allow an early disposition court to reduce criminal case processing time. This process required the establishment of a new charging unit. Cochise County Attorney’s Office – FY2008 Fill the Gap Activity The Cochise County Attorney’s Office used Fill the Gap funds in conjunction with other funding sources to add two attorneys and a clerk to the misdemeanor unit in FY2008. Misdemeanor cases assigned to the misdemeanor unit were previously assigned to felony attorneys. The misdemeanor unit allowed felony attorneys to focus on felony caseloads. Cochise County Attorney’s Office – FY2009 Fill the Gap Plan The Cochise County Attorney’s Office plans to continue funding staff positions using Fill the Gap funds in FY2009. Fill the Gap FY2008 13 Arizona Criminal Justice Commission Cochise County Indigent Defense Cochise County Indigent Defense – FY2008 Fill the Gap Plan Cochise County planned to distribute Fill the Gap funds between the Public Defender, Legal Defender, and Indigent Defense Coordinator. Funds were to pay a portion of the salaries for an indigent defense coordinator and a legal defender investigator. The coordinator’s responsibilities would be to assign cases to attorneys, as well as track cases to ensure timely completion. The investigator’s responsibilities would be to provide the groundwork for cases, allowing attorneys to work on other aspects of cases. Plans also included upgrading the case management system used jointly by the Public Defender’s and Legal Defender’s Offices and hiring a consultant for the system. Cochise Indigent Defense Office – FY2008 Fill the Gap Activity The Cochise County Public Defender’s and Legal Defender’s Offices primarily used Fill the Gap funds to support the case tracking system through upgrades and consultant fees in FY2008. The office also used Fill the Gap to fund a portion of the salaries for an Indigent Defense Coordinator and a Defense Investigator. Cochise County Indigent Defense – FY2009 Fill the Gap Plan The Cochise County Public Defender’s Office will use Fill the Gap to fund a portion of the salary for an indigent defense coordinator, a legal defender Investigator, and upgrade and consultant fees related to the case tracking database used by the Public Defender’s and Legal Defender’s Offices. Responsibilities of the indigent defense coordinator will include tracking statistics related to cases assigned to the Public Defender’s Office, the Legal Defender’s Office and private attorneys, as well as assisting the court in determining indigence and fee assessment. The legal defender investigator will be responsible for assisting attorneys with case investigation. The case tracking database will track case processing time. Fill the Gap FY2008 14 Arizona Criminal Justice Commission Felony Case Processing Statistics Cochise County FY2006-FY2008 Cochise County Attorney’s Office Types of cases excluded from statistics: Not provided. FY2006 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. FY2007 Not provided. FY2008 22% Not provided. 57% Not provided. Not provided. 704 605 Cochise County Public Defender Types of cases excluded from statistics: Bench Warrants, Appeals, Withdrawals, Probation Revocation FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 23% 47% 65% within 100 Days of Filing Percent of Felony Cases Adjudicated 54% 76% 91% within 180 Days of Filing Total Felony Cases Filed 223 319 238 Total Felony Cases Terminated 343 445 262 Cochise County Legal Defender Types of cases excluded from statistics: Withdrawals, Appeals, Probation Revocations FY2006 FY2007 Percent of Felony Cases Adjudicated 31% 49% within 100 Days of Filing Percent of Felony Cases Adjudicated 64% 75% within 180 Days of Filing Total Felony Cases Filed 315 176 Total Felony Cases Terminated 317 320 FY2008 41% 72% 124 105 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Cochise County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 301 256 282 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 33% 49% 57% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 15 Arizona Criminal Justice Commission Coconino County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 127,450 +9.6% 2.0% Flagstaff 16 Arizona Criminal Justice Commission Coconino County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Coconino County Attorney’s Office $33,697 $37,207 Coconino County Superior Court $32,029 $35,358 Difference 10.4% 10.4% Coconino County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Coconino County Attorney’s Office $14,388 $22,819 Coconino County Superior Court $13,695 $21,663 FY2008 Total Allocated $37,207 $35,358 Coconino County Fill the Gap Funding FY2000 – FY2008 Coconino County Attorney’s Office Coconino County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $18,242 $30,578 $29,292 $30,070 $30,437 $30,314 $33,867 $33,697 $37,207 $17,328 $29,044 $27,821 $28,557 $28,934 $28,817 $32,191 $32,029 $35,358 Coconino County Attorney’s Office Coconino County Attorney’s Office – FY2008 Fill the Gap Plan The office previously under-filled attorney positions because of difficulty recruiting and retaining prosecutors, requiring an increase in the number of deputy county attorney positions to provide additional support for inexperienced prosecutors. The main reason given by the County Attorney’s Office for the difficulty recruiting and retaining qualified prosecutors was the salary level in relationship to the cost of living in Flagstaff. The Coconino County Attorney’s Office planned to use Fill the Gap funds to supplement one of the deputy positions at approximately 20 percent of the total FTE expense. Coconino County Attorney’s Office – FY2008 Fill the Gap Activity The Coconino County Attorney’s Office used Fill the Gap to partially fund the salaries for a deputy county attorney and an administrative specialist who were assigned to the charging division in FY2008. These two positions helped eliminate the charging backlog and create a more efficient process for charging cases. Coconino County Attorney’s Office – FY2009 Fill the Gap Plan The Coconino County Attorney’s Office did not submit a plan for FY2009. Coconino County Superior Court Coconino County Indigent Defense – FY2008 Fill the Gap Plan Coconino County Superior Court planned to continue to use Fill the Gap funds on behalf of the Public Defender’s Office to support the DUI/Drug Court. The office planned to Fill the Gap FY2008 17 Arizona Criminal Justice Commission use funds to increase the number of drug and alcohol cases referred to the DUI/Drug court, fund treatment for participants, and create a new docket for Probation Revocation cases. Coconino Indigent Defense Office – FY2008 Fill the Gap Activity The Coconino County Superior Court used Fill the Gap funds for DUI/Drug Court expenses. These funds provided outpatient treatment for defendants with pending felony charges that also had substance abuse/addiction issues. The Superior Court estimated that half of all criminal cases in Coconino County were related to substance abuse. The DUI/Drug Court was aimed at repeat offenders with chronic addictions. In FY2008, 132 defendants participated in the program and received treatment services. Also in FY2008, 68 new defendants were diverted into the program. Coconino County Indigent Defense – DUI/Drug Court – FY2009 Fill the Gap Plan The Coconino County Public Defender’s Office will direct Fill the Gap funding to the Coconino County Superior Court for the operation of the DUI/Drug Court and the Probation Revocation Docket. Five Superior Court Divisions will continue to make DUI/Drug Court Drug- and alcohol-related referrals. The Public Defender’s Office refers approximately 80 percent of the total DUI/Drug Court population. Fill the Gap FY2008 18 Arizona Criminal Justice Commission Felony Case Processing Statistics Coconino County FY2006-FY2008 Coconino County Attorney’s Office Types of cases excluded from statistics: Appeals, Active Warrant Cases, Technical Violations, Days on Warrant Status FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 67% 60% 60% within 100 Days of Filing Percent of Felony Cases Adjudicated 97% 93% 87% within 180 Days of Filing Total Felony Cases Filed 1,794 1,557 1,446 Total Felony Cases Terminated 1,715 1,591 1,299 Coconino County Superior Court Types of cases excluded from statistics: Warrant Delays, Mental Health Cases FY2006 FY2007 Percent of Felony Cases Adjudicated 50% 49.7% within 100 Days of Filing Percent of Felony Cases Adjudicated 77% 82.3% within 180 Days of Filing Total Felony Cases Filed 1,272 1,066 Total Felony Cases Terminated 1,184 1,108 FY2008 50% 81% 1,151 1,058 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Coconino County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 301 328 333 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 38% 36% 39% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 19 Arizona Criminal Justice Commission Gila County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 51,994 +1.3% 0.8% Globe 20 Arizona Criminal Justice Commission Gila County Attorney’s Office Gila County Superior Court Gila County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 $17,813 $18,319 $16,932 $17,409 Gila County Attorney’s Office Gila County Superior Court Gila County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue $7,095 $11,224 $6,754 $10,655 Difference 2.8% 2.8% FY2008 Total Allocated $18,319 $17,409 Gila County Fill the Gap Funding FY2000 – FY2008 Gila County Attorney’s Office Gila County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $11,824 $20,658 $21,082 $21,076 $20,105 $17,995 $18,647 $17,813 $18,319 $11,231 $19,622 $20,023 $20,016 $19,111 $17,012 $17,724 $16,932 $17,409 Gila County Attorney’s Office Gila County Attorney’s Office – FY2008 Fill the Gap Plan The Gila County Attorney’s Office planned to use Fill the Gap funds to supplement the office’s computer equipment and case management system budget. Fill the Gap funds would supplement county funds to purchase licenses, upgrades, and equipment related to the case management system, the Superior Court Minute Entry System, and the phone system that is integrated into the computer system, as well as part of the cost of purchasing a new server for the Payson office and new computer equipment to replace outdated units. Gila County Attorney’s Office – FY2008 Fill the Gap Activity The Gila County Attorney’s Office used Fill the Gap funds to lease equipment from the courts in order to print court minute entries and to purchase software licenses for the internal case management system. The office entered into a contract with a company to develop a new case management system with a target completion date of December 2009. Gila County Attorney’s Office – FY2009 Fill the Gap Plan The Gila County Attorney’s Office plans to use FY2009 Fill the Gap funds to supplement its existing budget for computer equipment. If the agency receives a higher level of Fill the Gap funding than in previous years, the Gila County Attorney Office plans to purchase a case management system, a Superior Court Minute Entry System, a telephone system, and computer link-ups to law enforcement agencies using a combination of Gila County General Funds and Fill the Gap funds. Fill the Gap FY2008 21 Arizona Criminal Justice Commission Gila County Indigent Defense Gila County Indigent Defense – FY2008 Fill the Gap Plan The Gila County Superior Court planned to use Fill the Gap funds to purchase maintenance contracts for the court calendar automation program the court purchased in FY2007 and to purchase enhancements not offered as regular updates. The office planned to implement the court calendar program in early FY2008. The office also planned to hire expert witnesses, investigators, and cover other unexpected costs not covered by the County budget using Fill the Gap funds. Gila Indigent Defense Office – FY2008 Fill the Gap Activity In FY2008, the Gila County Superior Court used a portion of Fill the Gap funds to purchase a maintenance contract for the court calendar program previously purchased using Fill the Gap Funds. The office saved the majority of Fill the Gap funds in order to supplement indigent defense representation costs over and above the amount budgeted for indigent defense in future years. Gila County Indigent Defense – FY2009 Fill the Gap Plan The Gila County Superior Court plans to continue to purchase a software maintenance contract using Fill the Gap funds. The office also plans to use Fill the Gap funds to pay indigent defense representation costs if unanticipated costs cause the budgeted amount to be insufficient. Fill the Gap FY2008 22 Arizona Criminal Justice Commission Felony Case Processing Statistics Gila County FY2006-FY2008 Gila County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants, Homicides, Extended Deferred Cases FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated within 100 89% 88% 90% Days of Filing Percent of Felony Cases Adjudicated within 180 96% 97% 97% Days of Filing Total Felony Cases Filed 660 764 682 Total Felony Cases Terminated 570 565 506 Gila 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 FY2006 22.4% FY2007 16.4% FY2008 32.3% 61.8% 55.6% 70.5% 640 617 718 574 766 733 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Gila County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008** Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in 440 421 461 the ACCH Percent of Arrest Counts Resulting in Felony Case 15% 13% 5% Adjudication within 180 Days * Agency was unable to use date of arraignment for calculating purposes in FY2006 and FY2007, so the date of filing was used. Actual percentages would be higher using date of arraignment as the start date. ** FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 23 Arizona Criminal Justice Commission Graham County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 34,769 +3.8% 0.5% Safford 24 Arizona Criminal Justice Commission Graham County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Graham County Attorney’s Office $9,606 $10,677 Graham County Superior Court $9,129 $10,147 Difference 11.1% 11.2% Graham County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Graham County Attorney’s Office $4,131 $6,546 Graham County Superior Court $3,932 $6,215 FY2008 Total Allocated $10,677 $10,147 Graham County Fill the Gap Funding FY2000 – FY2008 Graham County Attorney’s Office Graham County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $5,000 $9,283 $10,150 $10,491 $10,431 $9,426 $9,774 $9,606 $10,677 $4,749 $8,818 $9,641 $9,963 $9,915 $8,961 $9,290 $9,129 $10,147 Graham County Attorney’s Office Graham County Attorney’s Office – FY2008 Fill the Gap Plan The Graham County Attorney’s Office planned to use Fill the Gap funds to pay the yearly maintenance fee for the case management system, providing technical support and upgrades. The office also planned to supplement employee salaries and professional services related to computer systems and programs, as well as purchase additional computer hardware and software. Graham County Attorney’s Office – FY2008 Fill the Gap Activity The Graham County Attorney’s Office primarily funded equipment purchases using Fill the Gap funds in FY2008. The office purchased digital recorders, computers, and printers for new staff members. Fill the Gap also funded the annual maintenance fee for the case management system and some overtime costs. Graham County Attorney’s Office – FY2009 Fill the Gap Plan The Graham County Attorney’s Office plans to use FY2009 Fill the Gap funds to pay for a yearly maintenance fee for the office’s case management system. This fee covers technical assistance and upgrades to the case management system. The office also plans to use Fill the Gap to supplement employee salaries and professional services related to computer systems and programs, as well as the purchase of additional equipment. Fill the Gap FY2008 25 Arizona Criminal Justice Commission Graham County Superior Court Graham County Indigent Defense – FY2008 Fill the Gap Plan The Graham County Superior Court planned to use Fill the Gap funds to pay a portion of the costs related to increasing the number of contracted attorneys used to keep indigent defense caseloads at a manageable level in Graham County. Graham Indigent Defense Office – FY2008 Fill the Gap Activity The Graham County Superior Court used Fill the Gap to fund defense counsel expenditures above the budgeted amount for Graham County for FY2008. Graham County Indigent Defense – FY2009 Fill the Gap Plan The Graham County Superior Court plans to use Fill the Gap funds to hire attorneys to serve as indigent defense counsel. Fill the Gap FY2008 26 Arizona Criminal Justice Commission Felony Case Processing Statistics Graham County FY2006-FY2008 Graham County Attorney’s Office Types of cases excluded from statistics: Warrants, Probation Violation Cases FY2006 FY2007 Percent of Felony Cases Adjudicated 45.3% 36.1% within 100 Days of Filing Percent of Felony Cases Adjudicated 76.4% 76.3% within 180 Days of Filing Total Felony Cases Filed 376 461 Total Felony Cases Terminated 309 370 FY2008 41% 73% 606 366 Graham County Superior Court Types of cases excluded from statistics: None FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 45.3% 36.1% 40.9% within 100 Days of Filing Percent of Felony Cases Adjudicated 76.4% 76.3% 73.0% within 180 Days of Filing Total Felony Cases Filed 376 461 490 Total Felony Cases Terminated 309 370 359 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Graham County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 268 268 252 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 35% 38% 35% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 27 Arizona Criminal Justice Commission Greenlee County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 7,754 -9.3% 0.1% Clifton 28 Arizona Criminal Justice Commission Greenlee County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Greenlee County Attorney’s Office $2,147 $2,334 Greenlee County Superior Court $2,039 $2,218 Difference 8.7% 8.8% Greenlee County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Greenlee County Attorney’s Office $903 $1,431 Greenlee County Superior Court $859 $1,359 FY2008 Total Allocated $2,334 $2,218 Greenlee County Fill the Gap Funding FY2000 – FY2008 Greenlee County Attorney’s Office Greenlee County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $1,554 $2,437 $2,141 $2,305 $2,443 $2,436 $2,415 $2,147 $2,334 $1,476 $2,315 $2,033 $2,189 $2,322 $2,315 $2,296 $2,039 $2,218 Greenlee County Attorney’s Office Greenlee County Attorney’s Office – FY2008 Fill the Gap Plan The Greenlee County Attorney’s Office planned to purchase office supplies such as multi-page file folders and to lease a copy machine. Greenlee County Attorney’s Office – FY2008 Fill the Gap Activity The Greenlee County Attorney’s Office leased a copy machine and purchase office supplies in FY2008 using Fill the Gap funds. Greenlee County Attorney’s Office – FY2009 Fill the Gap Plan The Greenlee County Attorney’s Office intends to use Fill the Gap funds to lease a copy machine for copying disclosure documents for defense counsel. The office also plans to use funds to purchase organizational supplies such as multi-page file folders and other office supplies. Greenlee County Superior Court Greenlee County Indigent Defense – FY2008 Fill the Gap Plan The Greenlee County Superior Court planned to use Fill the Gap funds to contract with attorneys from neighboring Graham County to provide indigent defense representation as needed. Fill the Gap FY2008 29 Arizona Criminal Justice Commission Greenlee Indigent Defense Office – FY2008 Fill the Gap Activity The Greenlee County Superior Court did not spend Fill the Gap funds in FY2008. The court set aside these funds to hire defense attorneys for indigent defense. Greenlee County Indigent Defense – FY2009 Fill the Gap Plan The Greenlee County Superior Court will use Fill the Gap funds to contract with attorneys in neighboring Graham County to provide indigent defense representation. The court anticipates that contracting with attorneys in Graham Counties will ensure the timely availability of counsel for indigent defendants in Greenlee County because there is only one attorney in Greenlee County not employed by the County Attorney’s Office. Felony Case Processing Statistics Greenlee County FY2006-FY2008 Greenlee County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrant-Status Cases, Revocations, Rule 11 Cases FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 91% 89% 85% within 100 Days of Filing Percent of Felony Cases Adjudicated 99% 98% 96% within 180 Days of Filing Total Felony Cases Filed 123 119 104 Total Felony Cases Terminated 9 9 10 Greenlee County Superior Court Data reported individually by case rather than compiled by year because of limitations in pulling case processing data using the current case processing system. Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Greenlee County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 171 166 180 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 64% 66% 66% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 30 Arizona Criminal Justice Commission La Paz County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 20,172 +2.3% 0.3% Parker 31 Arizona Criminal Justice Commission La Paz County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 La Paz County Attorney’s Office $9,513 $10,150 La Paz County Superior Court $9,042 $9,646 Difference 6.7% 6.7% La Paz County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue La Paz County Attorney’s Office $3,945 $6,205 La Paz County Superior Court $3,755 $5,891 FY2008 Total Allocated $10,150 $9,646 La Paz County Fill the Gap Funding FY2000 – FY2008 La Paz County Attorney’s Office La Paz County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $4,121 $7,228 $7,412 $7,478 $7,628 $8,350 $9,442 $9,513 $10,150 $3,915 $6,865 $7,041 $7,102 $7,251 $7,936 $8,974 $9,042 $9,646 La Paz County Attorney’s Office La Paz County Attorney’s Office – FY2008 Fill the Gap Plan The La Paz County Attorney’s Office planned to use Fill the Gap funds to purchase additional software and equipment needed to copy DVDs of interviews submitted by law enforcement. Additionally, the office planned to purchase a laptop computer and Internet card to facilitate online tracking of victims, witness, and suspects who were out of town and software and video equipment necessary for courtroom presentations, investigations, and training sessions. The office also planned to purchase a vehicle and surveillance equipment for use during investigations to provide the investigator the ability to travel to crime scenes, observe suspects, and expedite the filing of documents with the county’s remote courts as well as the Court of Appeals and Supreme Court. La Paz County Attorney’s Office – FY2008 Fill the Gap Activity The La Paz County Attorney’s Office used Fill the Gap funds to purchase computer equipment and software. Funds also were used to train staff to use the case management system. La Paz County Attorney’s Office – FY2009 Fill the Gap Plan The La Paz County Attorney’s Office plans to use Fill the Gap funds to purchase software and equipment used for case management, case tracking, legal research, and victim services. The office also plans to purchase software and video equipment used Fill the Gap FY2008 32 Arizona Criminal Justice Commission for courtroom presentations and training sessions and an additional computer server, as well as a vehicle and surveillance equipment for use in investigations. La Paz County Public Defender La Paz County Indigent Defense – FY2008 Fill the Gap Plan The La Paz County Public Defender’s Office planned to update computer equipment for attorneys and staff and purchase legal software using Fill the Gap funds. La Paz Indigent Defense Office – FY2008 Fill the Gap Activity The La Paz County Public Defender’s Office used Fill the Gap funds to license two staff members, one bi-lingual, as notaries in order to reduce time previously spent obtaining notary services and finding an interpreter from other agencies. The office also used Fill the Gap funds to update the case management system and purchase cubicle desks and storage arrangements creating individual workstations for employees. La Paz County Indigent Defense – FY2009 Fill the Gap Plan The La Paz County Public Defender’s Office plans to use Fill the Gap fund to finish upgrading and modifying the office case management software. The agency plans to use Fill the Gap to enhance the technological capabilities of the agency. Fill the Gap FY2008 33 Arizona Criminal Justice Commission Felony Case Processing Statistics La Paz County FY2006-FY2008 La Paz 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 FY2006 46.6% FY2007 55.7% FY2008 22.6% 74.8% 71.8% 40.7% 474 511 344 332 337 286 La Paz County Public Defender’s Office* Types of cases excluded from statistics: Warrants, Appeals, Diversion, Mental Competency Cases FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated within 21.2% 17.3% 22.6% 100 Days of Filing Percent of Felony Cases Adjudicated within 56.5% 50.8% 42.9% 180 Days of Filing Total Felony Cases Filed Not Provided 336 Total Felony Cases Terminated 439 329 177 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System La Paz County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008** Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 222 336 348 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 51% 30% 36% Case Adjudication within 180 Days * The La Paz County Public Defender’s Office noted that FY2008 statistics may not be accurate because of a case management system switchover. ** FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 34 Arizona Criminal Justice Commission Maricopa County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 3,880,181 +26.3% 61.2% Phoenix 35 Arizona Criminal Justice Commission Maricopa County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Maricopa County Attorney’s Office $560,172 $669,028 Maricopa County Public Defender’s Office $531,892 $635,147 Difference 19.4% 19.4% Maricopa County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Maricopa County Attorney’s Office $0 $669,028 Maricopa County Public Defender’s Office $0 $635,147 FY2008 Total Allocated $669,028 $635,147 Maricopa County Fill the Gap Funding FY2000 – FY2008 Maricopa County Attorney’s Office Maricopa County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $396,408 $736,403 $805,910 $425,289 $438,581 $448,062 $541,572 $560,172 $669,028 $376,528 $699,465 $765,429 $403,804 $416,420 $425,421 $514,231 $531,892 $635,147 Maricopa County Attorney’s Office Maricopa County Attorney’s Office – FY2008 Fill the Gap Plan The Maricopa County Attorney’s Office planned to use Fill the Gap funds to hire support staff assigned to three major projects. The office planned to assign the support staff to the Southeast Superior County Division, the Early Disposition Court and the pre-trial bureaus. Maricopa County Attorney’s Office – FY2008 Fill the Gap Activity The Maricopa County Attorney’s Office used Fill the Gap to fund 10 administrative office support and two legal support positions assigned to charging and pre-trial bureaus. The Maricopa County Attorney’s Office reports that these staff members allowed the pretrial bureaus to process out-of-custody cases within 30 days and enter charging decisions in the case management system. Maricopa County Attorney’s Office – FY2009 Fill the Gap Plan The Maricopa County Attorney’s Office plans to use Fill the Gap funds to hire support staff assigned to the Southeast Superior Court, the Early Disposition Court at the Southeast Facility in Mesa, and pre-trial bureaus. A total of 12 full-time positions will be funded using Fill the Gap funds. Fill the Gap FY2008 36 Arizona Criminal Justice Commission Maricopa County Indigent Defense Maricopa County Indigent Defense – FY2008 Fill the Gap Plan The Maricopa County Public Defender’s and Legal Defender’s offices planned to use Fill the Gap funds to pay for 14.5 positions and to improve the Indigent Representation Information System (IRIS). Planned improvements to IRIS included adding five additional data exchanges (bonds, warrants, dispositions and sentences, petitions for post-conviction relief, and enhancements to the initial appearance data exchange); transferring the Public Defender Mental Health and Appeals databases to IRIS; implementing IRIS in the Legal Defender’s Office and the Legal Advocate’s Office; and transferring/converting files from those offices to IRIS. Maricopa Indigent Defense Office – FY2008 Fill the Gap Activity The Maricopa County Public Defender and Legal Defender’s Offices assigned the 11.5 attorneys and two support positions funded through Fill the Gap to specialty courts including Regional Court Center/Early Disposition Court (RCC/EDC). Two-thirds of felony cases resolved in FY2008 used the RCC/EDC process. Fill the Gap also funded an IRIS project manager position. This employee was responsible for overseeing the conversion of the mental health data system for transfer to IRIS, transferring public defender records to the newly created Juvenile Public Defender’s Office, and initiating the preliminary phases for the conversion of Legal Defender and Legal Advocate felony records for transfer to IRIS. Maricopa County Indigent Defense – FY2009 Fill the Gap Plan The Maricopa County Public Defender’s Office plans to use Fill the Gap to fund positions for 11 attorneys, one paralegal, and one legal secretary. The Legal Defender’s Office plans to use Fill the Gap to fund one half-time attorney position. The Public Defender’s Office also plans to use Fill the Gap to fund a managerial position for IRIS. Fill the Gap FY2008 37 Arizona Criminal Justice Commission Felony Case Statistics Maricopa County FY2006-FY2008 Maricopa County Attorney’s Office Types of cases excluded from statistics: Homicide; Highly Complex; Appeals; Diversion; Probation Violations; Time spent in Rule 11 hearings, in Warrant Status, or in Special Actions FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 72% 75% 72% within 100 Days of Filing Percent of Felony Cases Adjudicated 89% 88% 87% within 180 Days of Filing Total Felony Cases Filed 41,544 40,286 42,081 Total Felony Cases Terminated 37,989 35,799 36,524 Maricopa County Public Defender’s Office Types of cases excluded from statistics: Appeals and Probation Violations FY2006 FY2007 Percent of Felony Cases Adjudicated 74.7% 74.9% within 100 Days of Filing Percent of Felony Cases Adjudicated 87.8% 87.8% within 180 Days of Filing Total Felony Cases Filed 39,073 37,357 Total Felony Cases Terminated 37,833 36,159 FY2008 74.3% 86.3% 39,513 37,464 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Maricopa County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 207 222 222 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 61% 62% 58% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 38 Arizona Criminal Justice Commission Mohave County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 194,944 +25.7% 3.1% Kingman 39 Arizona Criminal Justice Commission Mohave County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Mohave County Attorney’s Office $46,149 $51,717 Mohave County Public Defender’s Office $43,865 $49,147 Difference 12.1% 12.0% Mohave County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Mohave County Attorney’s Office $19,980 $31,737 Mohave County Public Defender’s Office $19,017 $30,130 FY2008 Total Allocated $51,717 $49,147 Mohave County Fill the Gap Funding FY2000 – FY2008 Mohave County Attorney’s Office Mohave County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $25,338 $43,535 $43,518 $44,103 $43,424 $42,493 $45,185 $46,149 $51,717 $24,066 $41,353 $41,332 $41,883 $41,278 $40,395 $42,950 $43,865 $49,147 Mohave County Attorney’s Office Mohave County Attorney’s Office – FY2008 Fill the Gap Plan The Mohave County Attorney’s Office planned to use Fill the Gap funds to purchase courtroom technology, support the case management system, purchase computer equipment, and support the victim/witness program. The office also planned to lease and maintain computers for employees in grant-funded positions. Mohave County Attorney’s Office – FY2008 Fill the Gap Activity The Mohave County Attorney’s Office spent the bulk of Fill the Gap funds on equipment including computers, printers, and shredders. Fill the Gap funding allowed staff members to attend an out-of-state training conference on operating the case management program more efficiently. The office used Fill the Gap funds to hire temporary staff, including a law clerk and intern, and partially fund a domestic violence coordinator position in FY2008. The Mohave County Attorney’s Office noted that the percent of cases adjudicated within 100 and 180 days of filing increased according to their records from FY2007 to FY2008. A hiring freeze during this time caused the office to leave three prosecuting attorney and three support staff positions unfilled in FY2008. Mohave County Attorney’s Office – FY2009 Fill the Gap Plan The Mohave County Attorney’s Office plans to use Fill the Gap funds to purchase laptop computers and associated software. The office will also use Fill the Gap fund to purchase software that will allow the new laptops to able to access case information Fill the Gap FY2008 40 Arizona Criminal Justice Commission using a wireless network. The office will also purchase scanning interfaces for office copy machines and server upgrades using Fill the Gap funds and hire an attorney intern. Mohave County Public Defender’s Office Mohave County Indigent Defense – FY2008 Fill the Gap Plan The Mohave County Public Defender’s Office planned to use Fill the Gap funds to hire an additional office clerk. This new support position was to implement and utilize a new digital scanning system to digitize all documents coming into the office as well as closed files. The office planned to purchase laptops for attorneys to access a mobile program connected to the case management system, which would allow attorneys to enter notes directly into the system, rather than taking notes during court proceedings and transferring those notes at a later time. The office also planned to purchase software subscriptions, upgrades, and training on software through Fill the Gap. Mohave Indigent Defense Office – FY2008 Fill the Gap Activity The Mohave County Public Defender’s Office purchased high-speed digital scanners and the accompanying software and licenses using Fill the Gap funds. The office hired a file clerk responsible for the majority of the scanning using Fill the Gap funds. The clerk and other staff members scanned both incoming and archived documents in an effort to transfer from using paper files to using tablet computers within the next 5-10 years. Mohave County Indigent Defense – FY2009 Fill the Gap Plan The Mohave County Public Defender’s Office plans to use Fill the Gap to fund one office clerk position and to hire summer interns. The clerk will be responsible for digitizing all office documents. The office also plans to purchase laptop computers that are capable of remote link-up to the case management system and to subscribe to electronic research services using Fill the Gap funds. Fill the Gap FY2008 41 Arizona Criminal Justice Commission Felony Case Processing Statistics Mohave County FY2006-FY2008 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 FY2006 65% FY2007 62% FY2008 69% 90% 85% 90% 1,855 1,851 1,850 1,561 2,647 3,317 FY2006 FY2007 FY2008 Not Provided 50.7% 40% Not Provided 85.7% 79% Not Provided Not Provided Not Provided Not Provided 824 Not Provided Mohave County Public Defender’s Office Types of cases excluded from statistics: Unknown 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 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Mohave County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 178 213 244 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 69% 59% 49% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 42 Arizona Criminal Justice Commission Navajo County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 111,273 +14.2% 1.8% Holbrook 43 Arizona Criminal Justice Commission Navajo County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Navajo County Attorney’s Office $28,338 $31,553 Navajo County Superior Court $26,936 $29,985 Difference 11.3% 11.3% Navajo County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Navajo County Attorney’s Office $12,200 $19,353 Navajo County Superior Court $11,612 $18,373 FY2008 Total Allocated $31,553 $29,985 Navajo County Fill the Gap Funding FY2000 – FY2008 Navajo County Attorney’s Office Navajo County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $14,121 $25,138 $26,231 $27,377 $27,407 $25,888 $28,828 $28,338 $31,553 $13,414 $23,877 $24,913 $25,999 $26,052 $24,607 $27,402 $26,936 $29,985 Navajo County Attorney’s Office Navajo County Attorney’s Office – FY2008 Fill the Gap Plan The Navajo County Attorney’s Office planned to use Fill the Gap funds to continue converting to a new case management system with increased functionality. Plans also included adding electronic scanning capability of disclosure and other case-related documents to the new case management system. The Navajo County Attorney’s Office anticipated that Fill the Gap would be used to fund half the cost of adding a new felony charging attorney at the new Show Low office. Navajo County Attorney’s Office – FY2008 Fill the Gap Activity The Navajo County Attorney’s Office reported that they were not able to implement a planned case management system in FY2008 because of software development delays. The office moved the target launch date to FY2009, with the intention of converting the current system to the newer, more functional system. The office saved the majority of FY2008 Fill the Gap funds purchase the updated system in FY2009. The remaining Fill the Gap funds were used to purchase a copier/fax machine in FY2008. Navajo County Attorney’s Office – FY2009 Fill the Gap Plan The Navajo County Attorney’s Office plans to use Fill the Gap funds to purchase a new case management system in FY2009. Fill the Gap FY2008 44 Arizona Criminal Justice Commission Navajo County Indigent Defense Navajo County Indigent Defense – FY2008 Fill the Gap Plan The Navajo County Public Defender’s or Legal Defender’s Offices did not submit a plan for FY2008. Navajo Indigent Defense Office – FY2008 Fill the Gap Activity The Navajo County Public Defender’s and the Legal Defender’s Offices used Fill the Gap funds allotted for indigent defense in Navajo County in FY2008. The Navajo County Public Defender’s Office used Fill the Gap funds to update workstations for support staff in FY2008. The office also used funds to subscribe to online legal resources. The Navajo County Legal Defender’s Office used Fill the Gap funds to pay investigative fees and hire a part-time intern. The intern’s responsibilities included organizing closed case files. The office also used Fill the Gap funds to establish a satellite office in Show Low. The Legal Defender’s Office set up this remote office to serve indigent clients who cannot afford to travel to Holbrook where the main office is located. Navajo County Indigent Defense – FY2009 Fill the Gap Plan The Navajo County Public Defender’s Office plans to purchase a new case management system in FY2009 using Fill the Gap funds and hire a part-time clerk to assist support staff. The Navajo County Legal Defender’s Office plans to partially fund two investigator positions and one secretary position using Fill the Gap funds. Replacement computers also will be purchased as needed. Fill the Gap FY2008 45 Arizona Criminal Justice Commission Felony Case Processing Statistics Navajo County FY2006-FY2008 Navajo County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants, Violations FY2006 Percent of Felony Cases Adjudicated 92% within 100 Days of Filing Percent of Felony Cases Adjudicated 98% within 180 Days of Filing Total Felony Cases Filed 607 Total Felony Cases Terminated 5,615 FY2007 66% FY2008 88% 73% 92% 1,006 3,517 1,798 3,981 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, Mental Health Court Cases, Extraditions FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 33% Not provided. Not provided. within 100 Days of Filing Percent of Felony Cases Adjudicated 50% Not provided. Not provided. within 180 Days of Filing Total Felony Cases Filed Not provided. Not provided. 522 Total Felony Cases Terminated Not provided. Not provided. 561 Navajo County Legal 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 FY2006 75% FY2007 77% FY2008 71% 88% 90% 88% 468 407 661 632 494 488 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Navajo County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 301 339 310 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 51% 38% 38% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 46 Arizona Criminal Justice Commission Pima County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 967,089 +14.6% 15.3% Tucson 47 Arizona Criminal Justice Commission Pima County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Pima County Attorney’s Office $110,401 $133,092 Pima County Public Defender’s Office $104,827 $126,352 Difference 20.6% 20.5% Pima County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Pima County Attorney’s Office $0 $133,092 Pima County Public Defender’s Office $0 $126,352 FY2008 Total Allocated $133,092 $126,352 Pima County Fill the Gap Funding FY2000 – FY2008 Pima County Attorney’s Office Pima County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $101,011 $180,040 $188,127 $99,271 $99,376 $90,432 $106,073 $110,401 $133,092 $95,946 $171,010 $178,677 $94,256 $94,355 $85,862 $100,718 $104,827 $126,352 Pima County Attorney’s Office Pima County Attorney’s Office – FY2008 Fill the Gap Plan The Pima County Attorney’s Office planned to use Fill the Gap to hire legal support staff and prosecutors to work on early identification of cases that were appropriate for nontrial disposition. The office anticipated that Fill the Gap would fund three paralegal positions, one legal secretary, one legal processing support, and two prosecutor positions. Pima County Attorney’s Office – FY2008 Fill the Gap Activity The Pima County Attorney’s Office used the majority of Fill the Gap funds on personnel costs for legal support and prosecutor positions. The legal support staff members’ responsibilities included identifying appropriate cases for non-trial disposition and generating the associated paperwork for plea agreements under the supervision of prosecutors. Legal support staff members also supported prosecutors on cases that went to trial. The Pima County Attorney’s Office reported that the office continued to have high prosecutor caseloads in FY2008 and that Fill the Gap funds are needed in order to address caseloads that continue to increase. Pima County Attorney’s Office – FY2009 Fill the Gap Plan The Pima County Attorney’s Office plans to use Fill the Gap funds to fund staff positions for three paralegals, one legal secretary, one legal processing support, and two prosecutors. If Fill the Gap funds exceed the expenditures for these positions, the Pima County Attorney’s Office plans to purchase computer equipment, software, and program updates. Fill the Gap FY2008 48 Arizona Criminal Justice Commission Pima County Public Defender’s Office Pima County Indigent Defense – FY2008 Fill the Gap Plan The Pima County Public Defender’s Office did not submit a plan for FY2008. Pima Indigent Defense Office – FY2008 Fill the Gap Activity The Pima County Public Defender’s Office purchased and installed two encoded video link-ups in the Pima County Jail using Fill the Gap funds. These link-ups work in conjunction with video units located within the jail to allow public defenders to meet with defendants via a secure video link, reducing the need to travel to the jail to meet with defendants. The office anticipates that this will save time and money previously used on travel to the jail. Blackberry devices also were purchased for some attorneys to use during downtime to work on cases. Pima County Indigent Defense – FY2009 Fill the Gap Plan The Pima County Public Defender’s Office plans to use Fill the Gap to purchase a new case management system. The office will also purchase Blackberry devices for some attorneys. Fill the Gap FY2008 49 Arizona Criminal Justice Commission Felony Case Processing Statistics Pima County FY2006-FY2008 Pima County Attorney’s Office Types of cases excluded from statistics: Rule 8 and 11 (some cases) FY2006 Percent of Felony Cases Adjudicated 43% within 100 Days of Filing Percent of Felony Cases Adjudicated 75% within 180 Days of Filing Total Felony Cases Filed 5,547 Total Felony Cases Terminated 5,653 FY2007 43% FY2008 42% 75% 75% 5,595 5,491 5,765 5,588 Pima County Public Defender’s Office Types of cases excluded from statistics: Statistics Provided to the Pima County Public Defender’s Office by the Pima County Superior Court FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 43% 43% 42% within 100 Days of Filing Percent of Felony Cases Adjudicated 75% 75% 76% within 180 Days of Filing Total Felony Cases Filed 5,540 5,318 5,634 Total Felony Cases Terminated 5,653 5,491 5,588 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Pima County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 269 266 280 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 51% 48% 48% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 50 Arizona Criminal Justice Commission Pinal County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 299,246 +66.5% 4.7% Florence 51 Arizona Criminal Justice Commission Pinal County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Pinal County Attorney’s Office $57,175 $69,562 Pinal County Public Defender’s Office $54,346 $66,105 Difference 21.7% 21.6% Pinal County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Pinal County Attorney’s Office $26,830 $42,732 Pinal County Public Defender’s Office $25,537 $40,568 FY2008 Total Allocated $69,562 $66,105 Pinal County Fill the Gap Funding FY2000 – FY2008 Pinal County Attorney’s Office Pinal County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $24,527 $43,256 $44,647 $44,679 $44,744 $46,850 $51,926 $57,175 $69,562 $23,297 $41,087 $42,404 $42,431 $42,535 $44,537 $49,357 $54,346 $66,105 Pinal County Attorney’s Office Pinal County Attorney’s Office – FY2008 Fill the Gap Plan The Pinal County Attorney’s Office planned to use Fill the Gap funds to purchase an electronic white board for training purposes, recording devices for use in conducting interviews, hand-held computer devices for attorneys, and software programs for staff. The office also planned to review case processing procedures to identify potential ways to improve the disposition of court cases involving felonies, disclosure to defense counsel, discovery and background investigation and the Minute Entry Electronic Distribution System. In addition, the office planned to use funds to hire staff to use the case management software. Pinal County Attorney’s Office – FY2008 Fill the Gap Activity The Pinal County Attorney’s Office used Fill the Gap to continue to fund a legal secretary position. This staff member supports other secretarial staff members with assigned tasks. The office also used Fill the Gap funds to purchase digital voice recorders and a digital camera. Pinal County Attorney’s Office – FY2009 Fill the Gap Plan The Pinal County Attorney’s Office plans to use Fill the Gap funds to purchase equipment for records management and legal document generation. Fill the Gap funds also will assist in the purchase of an additional module for the current criminal case management system as well as to transition files from the case management system used by the Family Advocacy Center into the Pinal County Attorney’s Office case Fill the Gap FY2008 52 Arizona Criminal Justice Commission management system. The office will also use Fill the Gap for training costs and personnel. Pinal County Indigent Defense Pinal County Indigent Defense – FY2008 Fill the Gap Plan The Pinal County Public Defender’s Office did not submit a plan for FY2008. Pinal Indigent Defense Office – FY2008 Fill the Gap Activity The Pinal County Public Defender’s Office used Fill the Gap funds to hire an attorney and purchase a new case management program. Pinal County Indigent Defense – FY2009 Fill the Gap Plan The Pinal County Public Defender’s Office did not submit a plan for FY2009. Fill the Gap FY2008 53 Arizona Criminal Justice Commission Felony Case Processing Statistics Pinal County FY2006-FY2008 Pinal County Attorney’s Office Types of cases excluded from statistics: Misdemeanor Cases FY2006 Percent of Felony Cases Adjudicated 16% within 100 Days of Filing Percent of Felony Cases Adjudicated 43% within 100 Days of Filing Total Felony Cases Filed 1,895 Total Felony Cases Terminated 2,168 FY2007 17% FY2008 20% 53% 55% 1,965 1,694 2,272 1,645 Pinal County Public Defender’s Office* Types of cases excluded from statistics: Appeals, Diversion, Mental Health, Juvenile, Probation Violations, Extraditions FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated Not Provided Not Provided 40.26% within 100 Days of Filing Percent of Felony Cases Adjudicated Not Provided Not Provided 58.08% within 180 Days of Filing Total Felony Cases Filed Not Provided 3,230 2,316 Total Felony Cases Terminated Not Provided 2,992 1,925 C Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Pinal County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008** Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 283 258 295 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 46% 47% 42% Case Adjudication within 180 Days * The Pinal County Public Defender’s Office reported that case processing data was not reliable prior to FY2008. A new case management system purchased in FY2008 remedied this problem. ** FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 54 Arizona Criminal Justice Commission Santa Cruz County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 42,845 +11.6% 0.7% Nogales 55 Arizona Criminal Justice Commission Santa Cruz County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Santa Cruz County Attorney’s Office $9,801 $10,722 Santa Cruz County Superior Court $9,317 $10,189 Difference 9.4% 9.4% Santa Cruz County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Santa Cruz County Attorney’s Office $4,137 $6,585 Santa Cruz County Superior Court $3,937 $6,252 FY2008 Total Allocated $10,722 $10,189 Santa Cruz County Fill the Gap Funding FY2000 – FY2008 Santa Cruz County Attorney’s Office Santa Cruz County Superior Court FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $5,203 $8,741 $8,483 $8,799 $8,705 $8,885 $9,438 $9,801 $10,722 $4,942 $8,302 $8,057 $8,356 $8,274 $8,447 $8,971 $9,317 $10,189 Santa Cruz County Attorney’s Office Santa Cruz County Attorney’s Office – FY2008 Fill the Gap Plan The Santa Cruz County Attorney’s Office planned to use Fill the Gap funds to purchase auxiliary equipment needed to set up a new computer system, as well as to pay for training on the new software for attorneys and staff. The office also planned to use funds to hire temporary legal assistants to assist with case processing and to hire temporary assistants to assist with the office’s conversion to a paperless, computerized filing system. Santa Cruz County Attorney’s Office – FY2008 Fill the Gap Activity The Santa Cruz County Attorney’s Office used Fill the Gap funds to hire temporary legal assistants to assist with case processing. These temporary staff members provided support for permanent staff. Santa Cruz County Attorney’s Office – FY2009 Fill the Gap Plan The Santa Cruz County Attorney’s Office is working to purchase a new computer software system that will improve the office’s ability to track cases. This purchase was planned for FY2008; however, sufficient funds were not available at that time. The office plans to use Fill the Gap funds to purchase any auxiliary equipment needed to set up the new software, as well as to provide training on the new software for attorneys and support staff. Fill the Gap FY2008 56 Arizona Criminal Justice Commission In additions, the office will use Fill the Gap to hire temporary legal assistants to assist with filing minute entries, inputting information into the database, and other tasks, freeing up permanent staff for other tasks. An attempt to implement a paperless, computerized filing system in FY2008 was not successful. The Santa Cruz County Attorney’s Office intends to continue this effort in FY2009 by hiring and training additional temporary assistants on the conversion process. Santa Cruz County Superior Court Santa Cruz County Indigent Defense – FY2008 Fill the Gap Plan The Santa Cruz County Superior Court planned to create a pre-trial services position on an experimental basis beginning January 2008 to verify financial information for defendants prior to appointment of indigent defense counsel because indigent defense costs were exceeding the amount budgeted. Prior to July 2008, the office plans to review the benefits of this position to determine whether the position reduced indigent defense costs. If the position meets its objectives, the court plans to seek continued funding from Santa Cruz County. Santa Cruz Indigent Defense Office – FY2008 Fill the Gap Activity The Santa Cruz County Superior Court did not spend any Fill the Gap funds in FY2008. The court reports that while the FY2008 Fill the Gap plan called for funding a pre-trial services program and funding indigent defense representation, budgetary problems precluded initiating any new programs. Santa Cruz County Indigent Defense – FY2009 Fill the Gap Plan The Santa Cruz County Superior Court plans to use Fill the Gap to supplement the indigent representation budget. Fill the Gap FY2008 57 Arizona Criminal Justice Commission Felony Case Processing Statistics Santa Cruz County FY2006-FY2008 Santa Cruz County Attorney’s Office Types of cases excluded from statistics: None FY2006 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 FY2007 FY2008 The Santa Cruz County Attorney’s Office reported that they are unable to produce case tracking statistics using their case management system and have been unable to secure funding for new software that is capable of producing this information. Santa Cruz 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 FY2006 51.2% FY2007 38.1% FY2008 38.0% 79.6% 73.3% 69.6% 354 324 339 341 297 303 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Santa Cruz County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 211 468 232 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 55% 20% 51% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 58 Arizona Criminal Justice Commission Yavapai County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 212,635 +26.9% 3.4% Prescott 59 Arizona Criminal Justice Commission Yavapai County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Yavapai County Attorney’s Office $60,766 $68,851 Yavapai County Public Defender’s Office $57,759 $65,429 Difference 13.3% 13.3% Yavapai County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Yavapai County Attorney’s Office $26,667 $42,184 Yavapai County Public Defender’s Office $25,382 $40,047 FY2008 Total Allocated $68,851 $65,429 Yavapai County Fill the Gap Funding FY2000 – FY2008 Yavapai County Attorney’s Office Yavapai County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $22,973 $41,765 $44,641 $46,245 $48,078 $51,322 $58,499 $60,766 $68,851 $21,820 $39,761 $42,398 $43,919 $45,705 $48,787 $55,605 $57,759 $65,429 Yavapai County Attorney’s Office Yavapai County Attorney’s Office – FY2008 Fill the Gap Plan The Early Disposition Court, created in 2004, planned to continue using Fill the Gap to fund two prosecutor positions. This court is a cooperative effort between the Superior Court, the County Attorney’s Office, and the Public Defender’s Office. Yavapai County Attorney’s Office – FY2008 Fill the Gap Activity The Yavapai County Attorney’s Office used Fill the Gap to partially fund two prosecutor positions assigned to the Early Disposition Court in FY2008. The Early Disposition Court is a coordinated effort between the County Attorney’s Office, defense counsel and the court to expedite felony cases when appropriate. Yavapai County Attorney’s Office – FY2009 Fill the Gap Plan The Yavapai County Attorney’s Office did not submit a plan for FY2009. Yavapai County Public Defender’s Office Yavapai County Indigent Defense – FY2008 Fill the Gap Plan The Yavapai County Public Defender’s Office planned to fund a therapeutic court attorney position, as well as add a support position assigned to this attorney. Duties of the therapeutic court attorney include covering two adult drug courts, two DUI courts, and one family drug court. Yavapai County planned to use Fill the Gap funds to support the therapeutic courts in order to reduce recidivism, thereby reducing the number of felony cases processed by the Superior Court. Fill the Gap FY2008 60 Arizona Criminal Justice Commission Yavapai Indigent Defense Office – FY2008 Fill the Gap Activity The Yavapai County Public Defender’s Office used Fill the Gap to fund one attorney and two support staff positions. These staff members worked with the courts and the County Attorney’s Office to provide representation to defendants diverted into therapeutic drug and DUI courts. The office purchased computer equipment and scanners for use by these staff members, with the purpose of allowing staff to create digital case files. Yavapai County Indigent Defense – FY2009 Fill the Gap Plan The Yavapai County Public Defender’s Office did not submit a plan for FY2009. Fill the Gap FY2008 61 Arizona Criminal Justice Commission Felony Case Processing Statistics Yavapai County FY2006-FY2008 Yavapai County Attorney’s Office Types of cases excluded from statistics: Appeals and Technical Violations FY2006 FY2007 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 2,894 3,162 Total Felony Cases Terminated Not Provided Not Provided Yavapai County Public Defender’s Office Types of cases excluded from statistics: Appeals, Warrants, and Probation Violations FY2006 FY2007 Percent of Felony Cases Adjudicated 72% 72% within 100 Days of Filing Percent of Felony Cases Adjudicated 89% 87% within 180 Days of Filing Total Felony Cases Filed 3,092 2,868 Total Felony Cases Terminated 2,751 2,759 FY2008 Not Provided Not Provided 2,914 Not Provided FY2008 68% 85% 2,647 2,874 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Yavapai County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 165 169 193 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 70% 66% 62% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 62 Arizona Criminal Justice Commission Yuma County SAFFORD 2007 U.S. Census Population Estimate: Estimated Population Growth 2000-2007: Percent of Arizona Population: County Seat: Fill the Gap FY2008 190,557 +19.1% 3.0% Yuma 63 Arizona Criminal Justice Commission Yuma County Yuma County Fill the Gap Funding FY2007 – FY2008 FY2007 FY2008 Yuma County Attorney’s Office $45,974 $50,715 Yuma County Public Defender’s Office $43,699 $48,195 Difference 10.3% 10.3% Yuma County Funding Breakdown FY2008 FY2008 FY2008 General Fund Fine Revenue Yuma County Attorney’s Office $19,590 $31,125 Yuma County Public Defender’s Office $18,646 $29,549 FY2008 Total Allocated $50,715 $48,195 Yuma County Fill the Gap Funding FY2000 – FY2008 Yuma County Attorney’s Office Yuma County Public Defender’s Office FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 $24,256 $42,493 $43,498 $43,766 $42,763 $41,230 $45,617 $45,974 $50,715 $23,040 $40,362 $41,313 $41,564 $40,649 $39,191 $43,360 $43,699 $48,195 Yuma County Attorney’s Office Yuma County Attorney’s Office – FY2008 Fill the Gap Plan The Yuma County Attorney’s Office planned to use Fill the Gap funds to partially fund an investigator position to conduct follow-up investigations, serve subpoenas, conduct interviews, and assist in courtroom presentations and trial preparation. This investigator would support the workload involved in the preliminary hearing process to resolve most routine felony cases. The office planned to hire an additional staff position to enter law enforcement reports into the case management database if Fill the Gap funding increased in FY2008. Yuma County Attorney’s Office – FY2008 Fill the Gap Activity The Yuma County Attorney’s Office continued to fund a criminal investigator position using Fill the Gap. Responsibilities of the investigator included scheduling witness interviews, preparing for hearings, and organizing case files for the preliminary hearing process. Yuma County Attorney’s Office – FY2009 Fill the Gap Plan The Yuma County Attorney’s Office plan to use Fill the Gap funds to support the preliminary hearing process conducted in coordination with the Superior Court to resolve routine felony cases. More complex cases will then be presented to the grand jury which meets twice a week. The office plans to partially fund the salary for an investigator using Fill the Gap funds. Fill the Gap FY2008 64 Arizona Criminal Justice Commission Yuma County Public Defender’s Office Yuma County Indigent Defense – FY2008 Fill the Gap Plan Dependent on sufficient funding, the Yuma County Public Defender’s Office planned to use Fill the Gap funds to hire additional personnel including an attorney and a secretary and/or paralegal, and purchase a case processing system to facilitate and improve the processing of criminal cases. Other planned uses of funds included the purchase of software, hardware, communication equipment, and other resources to enhance case processing. Yuma Indigent Defense Office – FY2008 Fill the Gap Activity The Yuma County Public Defender’s Office used Fill the Gap funds to partially fund salaries for a capital attorney, a supervising attorney, and a legal secretary. The office also used Fill the Gap to purchase a network server to house the new case management system implemented in FY2007. Yuma County Indigent Defense – FY2009 Fill the Gap Plan The Yuma County Public Defender’s Office will use of Fill the Gap funds based on the amount allotted. The office plans to hire a secretary and/or paralegal staff, as well as purchase a new case processing system. If sufficient funds are available, the office will purchase computer software and hardware, communications equipment, and other resources to enhance case processing and case flow management. Fill the Gap FY2008 65 Arizona Criminal Justice Commission Felony Case Processing Statistics Yuma County FY2006-FY2008 Yuma County Attorney’s Office Types of cases excluded from statistics: Appeals, Warrants, Misdemeanors, Juvenile Cases, Extraditions, Violations of Probation FY2006 FY2007 FY2008 Percent of Felony Cases Adjudicated 34% 50% 39% within 100 Days of Filing Percent of Felony Cases Adjudicated 60% 80% 76% within 180 Days of Filing Total Felony Cases Filed 1,821 1,827 1,815 Total Felony Cases Terminated 1,006 964 951 Yuma County Public Defender’s Office Types of cases excluded from statistics: 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 FY2006 36% FY2007 59% FY2008 51% 53% 87% 72% 630 609 500 453 693 574 Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Yuma County FY2006-2008 Cases included in analysis: All felony arrests (except for first-degree homicides) resulting in acquittal/not guilty verdicts, guilty verdicts, nolo contendere pleas, and pleas to other felony charges during the fiscal year. FY2006 FY2007 FY2008* Average Number of Days from Arrest (per Count) to Felony Case Adjudication for 161 174 216 Finalized Cases in the ACCH Percent of Arrest Counts Resulting in Felony 71% 66% 62% Case Adjudication within 180 Days * FY2008 data is for dispositions finalized between June 1, 2007 and April 30, 2008. Fill the Gap FY2008 66 Arizona Criminal Justice Commission CONCLUSION AND RECOMMENDATIONS Average case processing times in Arizona’s counties have not yet met the standard established by the Arizona Supreme Court. Agencies indicate a variety of issues affecting case processing including increased caseloads, a lack of qualified attorneys in rural areas, funding limitations caused by current budgetary constraints, and large turnover among staff. Additionally, Arizona’s population growth and dramatic increase in felony case filings has an impact on case processing times that cannot be overstated. Since 2000, Arizona’s population has increased by 23.5 percent and the number of felony filings by 43.1 percent. Clearly, the system is struggling to keep pace with the increased demand on local criminal justice agencies. Agencies continue to report that case processing times would be longer without Fill the Gap funding. Recommendations To move forward with improving case processing times and documenting progress made, several recommendations are suggested: ¾ Fill the Gap expenditure guidelines should be developed to focus funding on expenditures directly related to improving case processing times. The current legislative mandates are vague, leading to a wide variation in Fill the Gap expenditures by local agencies. ¾ The overall funding should be increased and remain consistent. Local agencies should be required to develop strategic plans for how the Fill the Gap funds will be used to effectively improve case processing times. These plans should include coordinated efforts with other Fill the Gap funds to develop long term strategic plans rather than using funds to fill immediate needs of each agency. These strategic plans will allow the opportunity to accurately assess agency efforts on reducing case processing times. ¾ Each county should have the capacity to report consistent and comparable case processing statistics. If this information is not readily available from the courts, case management system capabilities need to be implemented at the agency level so that case processing statistics can be easily provided. ¾ Counties that have not reported progress in improving case processing times should look at some of the successes from other counties, such as Early Disposition Courts and DUI/Drug Courts. Fill the Gap FY2008 67 Arizona Criminal Justice Commission Appendix A: Arizona Fill the Gap Funding In FY2008, County Attorney’s Office’s received a total of $157,700 from General Fund Appropriations, and $1,052,500 from fine surcharges, for a total of $1,210,200. County Attorney Fill the Gap Funding FY2008 General Fund Fine Appropriations Revenue Apache County Attorney’s Office 5,957.00 9,514.00 Cochise County Attorney’s Office 11,877.00 18,925.00 Coconino County Attorney’s Office 14,388.00 22,819.00 Gila County Attorney’s Office 7,095.00 11,224.00 Graham County Attorney’s Office 4,131.00 6,546.00 Greenlee County Attorney’s Office 903.00 1,431.00 La Paz County Attorney’s Office 3,945.00 6,205.00 Maricopa County Attorney’s Office 0.00 669,028.00 Mohave County Attorney’s Office 19,980.00 31,737.00 Navajo County Attorney’s Office 12,200.00 19,353.00 Pima County Attorney’s Office 0.00 133,092.00 Pinal County Attorney’s Office 26,830.00 42,732.00 Santa Cruz County Attorney’s Office 4,137.00 6,585.00 Yavapai County Attorney’s Office 26,667.00 42,184.00 Yuma County Attorney’s Office 19,590.00 31,125.00 County Attorney Total $157,700.00 $1,052,500.00 Total Fill the Gap Revenues 15,471.00 30,802.00 37,207.00 18,319.00 10,677.00 2,334.00 10,150.00 669,028.00 51,717.00 31,553.00 133,092.00 69,562.00 10,722.00 68,851.00 50,715.00 $1,210,200.00 In FY2008, Indigent Defense received a total of $150,100 from General Fund Appropriations, and $999,200 from fine surcharges, for a total of $1,149,300. Indigent Defense Fill the Gap Funding FY2008 General Fund Fine Appropriations Revenue Apache County Indigent Defense 5,670.00 9,033.00 Cochise County Indigent Defense 11,304.00 17,966.00 Coconino County Indigent Defense 13,695.00 21,663.00 Gila County Indigent Defense 6,754.00 10,655.00 Graham County Indigent Defense 3,932.00 6,215.00 Greenlee County Indigent Defense 859.00 1,359.00 La Paz County Indigent Defense 3,755.00 5,891.00 Maricopa County Indigent Defense 0.00 635,147.00 Mohave County Indigent Defense 19,017.00 30,130.00 Navajo County Indigent Defense 11,612.00 18,373.00 Pima County Indigent Defense 0.00 126,352.00 Pinal County Indigent Defense 25,537.00 40,568.00 Santa Cruz County Indigent Defense 3,937.00 6,252.00 Yavapai County Indigent Defense 25,382.00 40,047.00 Yuma County Indigent Defense 18,646.00 29,549.00 Indigent Defense Total $150,100.00 $999,200.00 Fill the Gap FY2008 Total Fill the Gap Revenues 14,703.00 29,270.00 35,358.00 17,409.00 10,147.00 2,218.00 9,646.00 635,147.00 49,147.00 29,985.00 126,352.00 66,105.00 10,189.00 65,429.00 48,195.00 $1,149,300.00 68 Arizona Criminal Justice Commission Appendix B: Summary of the Use of Fill the Gap Funds in FY2008 Case Management Systems • Purchase of new case management systems • Funding ongoing maintenance contracts to maintain case management systems • Transferring data from old systems to new systems, including cleaning old files • Training for office personnel to use case management systems • Hiring staff or contract personnel to run case management systems • Consultant hired to evaluate case management systems to recommend best system Staff and Contracted Employees • Contract with attorneys to provide defense services • Temporary staff hired to enter data into case management system, scan documents and other tasks • Attorneys and support staff hired to reduce case loads or support specialty courts • Funded training for staff Special Courts • Funded treatment costs for DUI/Drug Court participants • Hire staff to work at Early Disposition Courts • Use preliminary hearings to reduce court appearances Technology • Purchased laptops and computers for staff, especially new staff • Purchased recorders to record interviews • Purchased back-up tape and power supply • Court calendar automation program developed to provide attorneys, defendants and witnesses with up to date information online • Added scanning capabilities to allow documents to be retrieved electronically • Purchased a server to house the case management system Coordination Efforts • Meetings between courts, county attorney and defense on ways to reduce case processing time • One county attorney’s office reported setting up interviews for the defense • Developed case management systems that could be used by multiple indigent defense agencies in the county Review of Policies • Hired an outside entity to review office policies to find ways to improve retention • Internal review conducted to identify changes needed to reduce case processing time • Increased participation in DUI/Drug Courts after a review showed that this was beneficial Fill the Gap FY2008 69 Arizona Criminal Justice Commission CASE PROCESSING EFFORTS Agencies reported several common themes in efforts to reduce case processing times. • Overall, the quality of case processing statistics provided by agencies in their annual reports improved over previous years because of new case management systems and updated systems. o A couple of agencies reported that efforts to purchase new case management systems have been stalled because of budgetary constraints. • Several counties are utilizing specialty courts such as DUI/Drug Courts and Early Disposition courts in order to reduce case processing time. o While agencies reported that therapeutic courts were helpful in decreasing case processing time, some agencies were unable to include cases resolved using these cases because their case management systems calculated the adjudication date as the date that defendants were dismissed from the therapeutic court rather than the date that defendants entered into the agreement to resolve their case through the therapeutic court. • Several agencies reported hiring new staff to decrease caseloads and process cases faster. • One-time expenditures are used to purchase supplies needed for new county funded positions. Fill the Gap FY2008 70 Arizona Criminal Justice Commission Appendix C: 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 FY2008 71 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 FY2008 72 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 FY2008 73 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 FY2008 74 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 FY2008 75 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 FY2008 76 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 D: State Aid to County Attorney Expenditures by County 11,821.14 14,796.24 26,227.00 0.00 1,057.41 0.00 0.00 341,921.00 7,531.56 0.00 154,443.14 35,231.68 13,105.78 72,444.49 34,353.00 $712,932.44 3,568.40 4,647.53 11,349.00 0.00 158.50 0.00 0.00 125,280.00 680.22 0.00 47,695.11 11,380.35 1,032.72 0.00 11,138.00 $216,929.83 0.00 0.00 0.00 0.00 1,806.80 0.00 0.00 0.00 13,604.97 0.00 0.00 0.00 0.00 0.00 0.00 $15,411.77 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,945.31 0.00 0.00 0.00 0.00 0.00 0.00 $9,945.31 0.00 0.00 0.00 6,649.00 13.46 2,563.22 0.00 0.00 94,502.03 0.00 1,980.74 10,019.27 0.00 0.00 0.00 $115,727.72 0.00 0.00 0.00 1,806.00 5,389.21 0.00 9,118.51 0.00 24,338.74 13,061.33 488.00 2,070.11 0.00 0.00 0.00 $56,271.90 15,389.54 19,443.77 37,576.00 8,455.00 8,425.38 2,563.22 9,118.51 467,201.00 150,602.83 13,061.33 204,606.99 58,701.41 14,138.50 72,444.49 45,491.00 $1,127,218.97 Fill the Gap FY2008 77 Arizona Criminal Justice Commission Fill the Gap FY2008 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 331.00 $331.00 TOTAL EXPENDED 14,703.00 5,200.00 31,822.20 0.00 10,414.19 0.00 3,262.50 0.00 0.00 11,349.40 0.00 0.00 0.00 0.00 455.00 $77,206.29 Equipment 0.00 0.00 0.00 0.00 0.00 0.00 550.14 0.00 0.00 0.00 0.00 6,559.44 0.00 0.00 28,570.15 $35,679.73 Operating Expenses Prof Outside Services 0.00 15,047.00 3,937.56 0.00 0.00 0.00 0.00 673,012.93 41,909.00 0.00 0.00 34,833.66 0.00 68,930.33 107,478.16 $945,148.64 Travel ERE Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma State Total Personnel Appendix E: State Aid to Indigent Defense Expenditures by County 0.00 0.00 0.00 21,000.00 0.00 0.00 2,803.72 0.00 0.00 13,119.25 2,233.35 0.00 0.00 0.00 0.00 $39,156.32 0.00 7,937.09 0.00 0.00 0.00 0.00 3,464.43 0.00 17,757.00 37,694.37 13,253.45 0.00 0.00 0.00 10,365.91 $90,472.25 14,703.00 28,184.09 35,759.76 21,000.00 10,414.19 0.00 10,080.79 673,012.93 59,666.00 62,163.02 15,486.80 41,393.10 0.00 68,930.33 147,200.22 $1,187,994.23 78