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 FY 2011 Fill the Gap Report January 2012 ARIZONA CRIMINAL JUSTICE COMMISSION Chairperson RALPH OGDEN Yuma County Sheriff Vice-Chairperson DANIEL G. SHARP, Chief Oro Valley Police Department 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 ROBERT C. HALLIDAY, Director Department of Public Safety TOM HORNE Attorney General ROBERT HUDDLESTON, Chief Casa Grande Police Department BARBARA LAWALL Pima County Attorney BILL MONTGOMERY Maricopa County Attorney CHARLES RYAN, Director Department of Corrections DAVID SANDERS Pima County Chief Probation Officer LINDA SCOTT Former Judge GEORGE E. SILVA Santa Cruz County Attorney CARL TAYLOR Coconino County Supervisor Mayor VACANT Police Chief VACANT JOHN A. BLACKBURN, JR. Executive Director MATTHEW BILESKI Statistical Analysis Center Research Analyst PHILLIP STEVENSON Statistical Analysis Center Director Arizona Criminal Justice Commission Table of Contents EXECUTIVE SUMMARY ................................................................................................... 1 INTRODUCTION ............................................................................................................. 3 RESEARCH METHODS ..................................................................................................... 3 ARIZONA LEGISLATION ................................................................................................. 5 ARIZONA CASE TIMELINES............................................................................................ 7 REPORT LAYOUT ............................................................................................................ 7 APACHE COUNTY ............................................................................................................ 9 COCHISE COUNTY .........................................................................................................13 COCONINO COUNTY ......................................................................................................17 GILA COUNTY ................................................................................................................21 GRAHAM COUNTY..........................................................................................................25 GREENLEE COUNTY .......................................................................................................29 LA PAZ COUNTY .............................................................................................................33 MARICOPA COUNTY ......................................................................................................37 MOHAVE COUNTY ..........................................................................................................41 NAVAJO COUNTY ...........................................................................................................45 PIMA COUNTY ...............................................................................................................49 PINAL COUNTY ..............................................................................................................53 SANTA CRUZ COUNTY ...................................................................................................57 YAVAPAI COUNTY .........................................................................................................61 YUMA COUNTY...............................................................................................................65 CONCLUSION AND RECOMMENDATIONS.....................................................................69 APPENDIX A: Arizona Fill the Gap Funding ..................................................................71 APPENDIX B: Summary of the Use of Fill the Gap Funds in FY2010 ...........................72 APPENDIX C: Reported Events Positively and Negatively Affecting Case Processing...............................................................................................74 APPENDIX D: Arizona Revised Statutes Authorizing Fill the Gap Funding .................77 APPENDIX E: State Aid to County Attorney Expenditures by County .........................85 APPENDIX F: State Aid to Indigent Defense Expenditures by County ........................86 FY2011 Fill the Gap Report Arizona Criminal Justice Commission EXECUTIVE SUMMARY The passage of Senate Bill 1013 gave the Arizona Criminal Justice Commission (ACJC) the responsibility for distributing Fill the Gap (FTG) funds to the county attorneys and indigent defense agencies throughout the state. The formula for distributing Fill the Gap funds to each county is based on the average number of cases filed over a three-year period and the population of each county. Along with the Commission’s fiduciary responsibilities, A.R.S. §412409 requires ACJC to report on an annual basis each agency’s progress toward improving criminal case processing. In the 1990s, Arizona’s growing population, in combination with increased funding for law enforcement, led to a larger volume of cases being processed through the courts. In order to adequately provide resources to the prosecuting attorneys, the indigent defense attorneys, and the courts, Fill the Gap legislation was introduced to fund county agencies with general funds and fine revenues. These funds are to be used to reduce case processing time in each county and statewide. The Supreme Court of Arizona has placed strict case processing standards on Arizona’s courts. Supreme Court rules require that 90 percent of cases (excluding capital cases and complex cases) are to be adjudicated within 100 days of arraignment while 99 percent of cases are to be adjudicated within 180 days. Complex cases are given 270 days from arraignment to adjudication, and capital cases are given 730 days from capital case filing, or 24 months. The Rural Aid to County Attorneys and Indigent Defense programs funded through the General Fund were eliminated in FY2010, thus resulting in a continued loss of $307,800 during FY2011. In addition, $453,800 was cut from the fine revenue portion of the program through fund sweeps and appropriation reductions for FY2011. The Fill the Gap program is faced with additional budget cuts in FY2012, further deteriorating the ability to successfully run these programs. During the 2011 Legislative session, FY2012 funding for the Indigent Defense program was redirected to the Department of Public Safety to fund border enforcement. No Fill the Gap funds were appropriated for Indigent Defense in FY2012, essentially eliminating funding for this program for the year. From FY2010 to FY2011, prosecuting agencies experienced changes in Fill the Gap funds ranging from a decrease of six percent to an increase of eight percent while indigent defense agencies faced increases between 20 and 37 percent. Although total FY2011 revenue sent to Indigent Defense agencies increased over FY2010, it is important to emphasize that this was a result of significant budget reductions to the Indigent Defense fund in FY2010. Fund sweeps and appropriation reductions in FY2010 totaled $656,500 for the Indigent Defense fund and $199,900 for the County Attorney fund resulting in less funding available to indigent defense in FY2011. Also, the noticeable variations in funding changes across county attorney agencies and across indigent defense agencies from FY2010 to FY2011 is attributed to calculations in the funding formula, which uses population and felony filing averages. Detailed information regarding the funding formula is available on page five. At the beginning of FY2012, the ACJC requested Fill the Gap expenditure information in addition to case processing data from county attorneys and indigent defense in order to meet the reporting requirements of A.R.S. §41-2409. Of the $2,106,691.73 in expenditures reported in FY2011, $1,879,260.13 was spent on salaries, $42,880.25 was allotted for equipment, FY2011 Fill the Gap Report 1 Arizona Criminal Justice Commission $62,684.20 paid for contractual services, $62,251.12 was spent on case management software, $2,250.00 went toward coordination efforts, and $57,366.03 funded “other” (i.e. research subscriptions, association membership dues, mailing costs, etc.) expenditures. At the end of FY2011, all but one agency receiving Fill the Gap funds reported case processing numbers short of the standards set forth by the Arizona Supreme Court. One county did report adjudicating 100 percent of felony case filings within 180 days of the filing date. Some additional agencies did report improvement in their case processing from FY2010 to FY2011, even though they fell short of case processing standards. Unfortunately, other agencies remain unable to report case processing data because they do not have an appropriate case management system in place that can track their cases over time. FY2011 Fill the Gap Report 2 Arizona Criminal Justice Commission INTRODUCTION In 1999, Arizona Senate Bill 1013 (SB 1013), which came to be known as Fill the Gap (FTG) legislation, was passed into law. SB 1013 created three funds to be used by three separate stakeholders in the court process to improve criminal case processing: county attorneys, public or indigent defense, and the courts. These three entities receive monies from legislative appropriations and from fees collected from offenders by the Supreme Court and the Court of Appeals. The monies are dispersed 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 agencies 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. §12102.02). Fill the Gap legislation was created to address the increasing number of cases processed in the court system caused by the rising Arizona population and an increase in law enforcement resources and subsequent activity in the 1990s. For example, Arizona’s U.S. Census population increased 10.7 percent from FY1998 to FY2000 and, at the same time, the number of felony case filings increased from 39,515 to 40,208 (U.S. Census Bureau; Arizona Supreme Court’s Data Report, 1999 and 2000). It was anticipated that with additional funding, criminal courts in each county would meet the case 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 addresses ACJC’s statutory requirement to report on the Fill the Gap funds as required by A.R.S. §41-2409. This report provides an explanation of the Fill the Gap program including statutory authority, the appropriation formulas, and designated responsible parties. The report also presents funding allocations and expenditures by organization, case processing data and information, 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 were asked to complete the form and return them to ACJC. The reporting form captured Fill the Gap fund expenditures in FY2011, criminal case processing improvement resulting from the funding, case processing statistics, and comments on related issues that were encountered throughout the fiscal year. Data from the annual reporting forms were compiled and analyzed by county to identify common spending priorities, improvements in data gathering and reporting practices, and remaining case processing challenges that face the agencies. In previous reports, agencies were asked to provide case processing statistics for felony cases using the date of arraignment as the date of filing and the date of sentencing as the case end date. Because there are a variety of methods for calculating case processing times used by county attorneys and indigent defense agencies, ACJC no longer asks agencies to report case processing statistics in this manner. Agencies vary in the types of cases included/excluded in the statistics because of the differing case management systems used by the agencies to collect data. Instead, open-ended questions were included in the reporting form to understand what FY2011 Fill the Gap Report 3 Arizona Criminal Justice Commission types of cases each agency includes in the case processing data in addition to their definitions for “filing” and “adjudication.” This provides ACJC with a better understanding of the types of cases included by local agencies with respect to their case processing statistics. 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 over time at the agency level. However, data provided by each agency are not comparable with each other, even within the same county, because of differences in the collection and reporting process. For this reason, SAC staff analyzed county case processing times using the information in the Arizona Computerized Criminal History (ACCH) record system. ACCH data from the Arizona Department of Public Safety were not available for FY2011 data, but updates to previously reported fiscal years and the addition of FY 2010 data were made for data prior to the fiscal year. Since the date that a felony charge is filed in court by the county attorney is not included in the ACCH database, the date of arrest was used as a proxy for the arraignment date. The date of case disposition finalization was used as the adjudication date. While these alternate dates will result in a lower percentage of charges adjudicated within the 180-day window, it does provide the ability to report case processing across counties using a uniform data source and methodology. Only cases with both arrest and disposition information entered into ACCH were included in this analysis. Previous research has shown that more than 34 percent of calendar year 2009 arrest counts entered into the ACCH by December 31, 2010 were missing subsequent disposition information in the ACCH by the end of calendar year 2010. Similar percentages were discovered in prior calendar years.1 The data consisted of all arrest counts leading to felony disposition charges (except for first-degree murder), and the charges were expanded from prior Fill the Gap reports to include guilty verdicts, nolo contendere pleas, pleas to other charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. A number of guilty charges were later updated in appellate courts, and these charges were excluded from analysis since the disposition completion dates were adjusted beyond the original sentencing. To prevent having a small number of cases skew the data, a standard process that aggregated data across multiple years was used to assess case processing times. All cases included in the FY2007 case processing analysis consisted of arrest counts from calendar years 1996 to 2006 that were finalized by the end of FY2007. All cases included in the FY2008 analysis included arrest counts from calendar years 1997 to 2007 that were finalized in FY2008. All cases included in the FY2009 analysis included arrest counts from 1998 to 2008 that were completed in FY2009. The same formula was conducted for FY2010 data. Also, cases that resulted in diversion were included in the analysis. Increasing diversion cases is considered a valid use of Fill the Gap funds. However, including these cases may skew the data for counties that divert a large percentage of felony cases. This is because for many 1 Bileski, Matt. Timeliness and Completeness of Criminal History Records in Arizona Fact Sheet, Arizona Criminal Justice Commission, http://www.azcjc.gov/ACJC.Web/Pubs/Home/Timeliness_and_Completeness_of_Criminal_History_Records_in_Arizona.pdf (January 2011). FY2011 Fill the Gap Report 4 Arizona Criminal Justice Commission jurisdictions the date of case dismissal that results from an offender successfully completing a diversion program is the date included in the system as the disposition date rather than the date that a defendant enters the diversion court process. For many jurisdictions, diversion programs are designed to take longer than the 180-day period in order to monitor compliance with the conditions associated with participation in the program. While there are limitations to using ACCH data to analyze case processing times, this process does provide a uniform measure for each county. The limitations include the inability to filter out time that cases were on warrant status, the inability to include cases with data entry errors, and missing disposition data. SAC staff is also unable to analyze cases specific to county attorney and indigent defense agencies with ACCH data. Thus, the ACCH tables are to be used to view improvement in case processing at the county level. 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. 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 D. 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 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. Fill the Gap funding is mandated by A.R.S. §12-116.01. This statute states 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 and Title 17 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. §412421 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 administered in FY2011, 58.2 percent ($973,600.00) was allocated to the State Aid to County Attorneys Fund and 41.8 FY2011 Fill the Gap Report 5 Arizona Criminal Justice Commission percent ($700,300.00) was allocated to the State Aid to Indigent Defense Fund. Funds from the seven percent additional assessment to fines and other court fees that are allocated to improving criminal case processing are distributed as follows:       15.44 percent to the State Aid to County Attorneys Fund; 14.66 percent to the State Aid to Indigent Defense Fund; 40.97 percent to the State Aid to the Courts Fund; 0.35 percent to the Attorney General’s Office for the processing of criminal cases; 14.29 per cent to the Arizona Criminal Justice Commission for distribution to full service forensic crime laboratories; 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 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 each county’s plan which is established by county officials and outlines the use of available funds for the specific purpose of improving criminal case processing. 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 courts divided by the statewide three-year average of the total felony filings in the superior courts. 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 divided by two 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. Figure 1: Fill the Gap Fund Formula FY2011 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 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 State Felony Filings 3 Year Average County Felony Filings ÷ 3 Year Average State Felony Filings = Step 1 Result Step 2: County Population ÷ Statewide Population = Step 2 Result Step 3: ( Step 1 Result + Step 2 Result ) ÷ 2 = Composite Index* * Composite Index used as a multiplier against Fill the Gap funds to determine fund distribution. FY2011 Fill the Gap Report 6 Arizona Criminal Justice Commission The general fund appropriation and the surcharge earmarked for the courts are deposited in the State Aid to the Courts Fund pursuant to A.R.S. §12-102.02 and are administered by the Administrative Office of the Courts (AOC). The five percent set-aside of funds collected by the courts is kept and administered locally for county court use. Funds earmarked for the public defender/indigent defense counsel and county attorney are distributed through ACJC. In FY2011, county attorney agencies realized funding changes ranging from a decrease of six percent to an increase of eight percent from FY2010. This variation occurred as a direct result of the recalculation of the funding formula for FY2011. Indigent defense agencies experienced increases in funds ranging from 20 to 37 percent over the same period. The funding formula also had an effect on indigent defense funding; however, the largest contributing factor was the reduced fund sweeps in FY2011 compared to FY2010 made more funding available to indigent defense agencies in FY2011. ARIZONA CASE TIMELINES Case processing standards are established 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. Also, Arizona court rules have been modified to more accurately reflect the amount of time it takes to complete complex cases. According to the A.R.S. Rules of Criminal Procedure Rule 8.2, the following case completion timelines are currently in place: 1) A maximum of 150 days from arraignment if the person is held in custody, with the exception of complex cases. 2) A maximum of 180 days from arraignment if the person is released from custody, except for complex cases. 3) A maximum of one year from arraignment for complex cases in which the indictment, information or complaint is filed between December 1, 2002 and December 1, 2005. Subsequent cases are given a maximum 270 days from arraignment if the person is charged with any of the following: i) 1st degree murder, excluding capital cases, ii) Offenses that will require the court to consider evidence obtained as the result of an order permitting the interception of wire, electronic or oral communication, iii) Any complex cases as determined by a written factual finding by the court. 4) A maximum of 24 months from the date the state files a notice of intent to seek the death penalty for capital cases. Many agencies exclude first degree homicide and complex cases from their case processing statistics. County ACCH data provided in this report excludes all first degree homicide charges. REPORT LAYOUT This report is organized by funded counties and agencies. In each county, the county attorney’s office and the indigent defense agency received FY2011 Fill the Gap funding to work toward the common goal of improving case processing. The courts in each county also received funding toward this goal. In counties that do not have a dedicated public defender’s office, the Superior FY2011 Fill the Gap Report 7 Arizona Criminal Justice Commission 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 the county, followed by a financial breakdown of Fill the Gap allotments, a section summarizing how the county attorney used their funds, a section summarizing how indigent defense used their funds, and the ACCH case processing statistics. Each agency section contains a report on Fill the Gap activities and a table for case processing statistics. Because of varying reporting methods and case tracking limitations, data reported by the county attorney and indigent defense agencies are not comparable across jurisdictions. Following the project summaries for each county is a table with statistics generated using data from the ACCH system. Due to 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 all 15 counties. It also must be noted that the date of arrest is used as the case arraignment date in the ACCH tables, while local agencies use date of case filing to calculate case processing information. Some agencies also exclude certain cases that were included in the ACCH analysis (i.e. cases including warrant time, complex cases, etc.). Additional FY2011 data and information for Fill the Gap can be referenced in the report’s appendices. Appendix A provides a breakdown of funding allocations by county attorney offices as well as by indigent defense agencies. Appendix B provides a list of Fill the Gap expenditures reported by all agencies during FY2011. Appendix C contains a list of the reported issues that positively or negatively affected case processing in FY2011. Appendix D includes the Arizona Revised Statutes relevant to the Fill the Gap Program. Appendix E and Appendix F itemize the monetary expenditures by county attorney offices and indigent defense agencies. FY2011 Fill the Gap Report 8 Arizona Criminal Justice Commission Apache County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 71,676 3.1% 1.1% St. Johns 9 Arizona Criminal Justice Commission Fill the Gap Funding in Apache County In FY2011, the Apache County Attorney’s Office received a total of $7,986.00 in Fill the Gap funds. The Apache County Superior Court received a total of $5,744.00 in Fill the Gap funds to be used for indigent defense services. Funds for the County Attorney’s Office decreased 3.2 percent from FY2010 to FY2011, but funds for the Superior Court increased 22.8 percent. Table 1: Apache County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Apache County Attorney’s Office $8,251 $7,986 Apache County Superior Court* $4,677 $5,744 Difference -3.2% 22.8% *Increase in funding to Superior Court was largely due to fund sweeps in FY2010. Table 2: Apache County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Apache County Attorney’s Office $0.00 $7,986.00 Apache County Superior Court $0.00 $5,744.00 FY2011 Total Allocated $7,986.00 $5,744.00 Table 3: Apache County Fill the Gap Funding FY2001 – FY2011 Apache County Attorney’s Office Apache County Superior Court FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $11,900 $12,554 $13,115 $12,930 $12,237 $13,786 $14,131 $15,471 $13,108 $8,251 $7,986 $11,304 $11,923 $12,455 $12,292 $11,634 $13,104 $13,432 $14,703 $12,457 $4,677 $5,744 Apache County Attorney’s Office During FY2011, the Apache County Attorney’s Office continued allocating Fill the Gap funds toward employing a temporary secretary. The secretary was assigned to gathering, logging, organizing and tracking felony cases as well as other legal secretary tasks. The tasks performed by the secretary position directly assisted in felony case prosecution. Not all available funds were expended within the fiscal year, and the attorney’s office plans to allot the remaining funds toward the secretary position in future fiscal years. According to data provided by the Apache County Attorney’s Office, 68 percent of FY2011 felony cases were adjudicated within 180 days after arraignment, or filing date (Table 4). The county attorney’s office filed 315 felony cases during the fiscal year. Comparing data from FY2007 to FY2011 is not possible because warrants, probation revocations, and appeals were included in the FY2007 and FY2008 statistics. In contrast, the data from FY2009 excluded outstanding warrants. The agency’s backlog of cases was reported to be eliminated during FY2010, thus greater attention was given to the current caseload in FY2011. Despite a decrease in the reported percentage of felony cases adjudicated within 100 days in FY2011, the agency has increased the percentage adjudicated within 180 days to 68 percent and the total number of felony cases filed increased to 315. FY2011 Fill the Gap Report 10 Arizona Criminal Justice Commission Table 4: Felony Case Processing Statistics Apache County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: All Adult Felony Cases Except Appeals and Probation Revocations FY2007* FY2008* FY2009* FY2010 FY2011 40% 30% 38% 42% 39% 65% 58% 67% 65% 68% 614 614 253 245 315 Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed * FY2007 and FY2008 statistics include probation revocations, appeals, and outstanding warrants. FY2009 cases excluded outstanding warrants in addition to appeals, probation revocations, and juvenile cases. Apache County Indigent Defense The Apache County Superior Court directed Fill the Gap funding in FY2011 to contract with local attorneys to meet the county’s indigent defense service needs. The Fill the Gap funding helped the Superior Court compensate for continued county budget cuts. Apache County Superior Court was unable to report case processing statistics for FY2011 as a result of the implementation of their new case management system (see Table 5). The agency did report a total number of 220 felony cases filed during FY2011. In FY2009, 213 felony cases were filed. Table 5: Felony Case Processing Statistics Apache County Superior Court FY2007-FY2011 FY2007 FY2008 FY2009 Percent of Felony Cases Adjudicated 32.2% 28.3% 24.8% within 100 Days of Filing Percent of Felony Cases Adjudicated 66.3% 64.3% 51.6% within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report 363 357 213 FY2010 No Data Provided No Data Provided No Data Provided FY2011 No Data Provided No Data Provided 220 11 Arizona Criminal Justice Commission Table 6: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Apache County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 251 295 483 292 20% 12% 8% 10% 53% 41% 25% 30% 645 712 669 1,075 12 Arizona Criminal Justice Commission Cochise County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 131,789 11.6% 2.1% Bisbee 13 Arizona Criminal Justice Commission Fill the Gap Funding in Cochise County In FY2011, the Cochise County Attorney’s Office received a total of $16,371.00 in Fill the Gap funds. The Cochise County Public Defender’s Office received a total of $11,776.00 in Fill the Gap funds. Funds for the County Attorney’s Office decreased 0.9 percent from FY2010 to FY2011 while funds for the Public Defender’s Office increased 25.8 percent. Table 7: Cochise County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Cochise County Attorney’s Office $16,518 $16,371 Cochise County Public Defender’s Office* $9,362 $11,776 Difference -0.9% 25.8% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 8: Cochise County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Cochise County Attorney’s Office $0.00 $16,371.00 Cochise County Public Defender’s Office $0.00 $11,776.00 FY2011 Total Allocated $16,371.00 $11,776.00 Table 9: Cochise County Fill the Gap Funding FY2001 – FY2011 Cochise County Attorney’s Office Cochise County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $25,120 $25,455 $26,436 $27,148 $28,380 $30,431 $29,517 $30,802 $26,292 $16,518 $16,371 $23,860 $24,177 $25,106 $25,807 $26,978 $28,927 $28,056 $29,270 $24,985 $9,362 $11,776 Cochise County Attorney’s Office Fill the Gap funds (both from FY2011 and from prior fiscal years) allotted to the Cochise County Attorney’s Office paid the full salaries of one attorney, one legal secretary, and one clerk position in FY2011. Funds also paid the partial salary of an attorney position during the fiscal year. According to the County Attorney’s Office, three positions would have been lost without Fill the Gap funds, and these positions are critical in maintaining the volume of cases for prosecution. The Cochise County Attorney’s Office reported that 78 percent of felony cases were adjudicated within 180 days of filing during FY2011, an increase from 76 percent reported in FY2010 (Table 10). A total of 859 felony cases were filed in FY2011. The County Attorney’s Office continued to report a steady increase in felony cases filed since FY2008. FY2011 Fill the Gap Report 14 Arizona Criminal Justice Commission Table 10: Felony Case Processing Statistics Cochise County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Indicted or Direct Information Felony Cases Filed and Closed in FY2011 Except Warrant and Adult Diversion Cases Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 No Data Provided No Data Provided No Data Provided FY2008 FY2009 FY2010 FY2011 22% 21% 48% 64% 57% 72% 76% 78% 704 758 827 859 Cochise County Indigent Defense The Cochise County Public Defender’s Office used Fill the Gap funding in FY2011 to purchase a portable projector in order to train staff on the use of the case tracking database, to support a database consultant for programming of the agency’s case tracking software, and to upgrade and maintain the TimeMatters case tracking database, applicable software, and licenses. TimeMatters databases and software provide the agency with an efficient tracking mechanism for cases and case processing statistics. Also, the County Public Defender’s Office is continuing to collaborate with county agencies to support the early resolution court, which diverts cases headed for trial through an expedited plea agreement process. Much of the success in FY2011 case processing statistics found in Table 11 are reported to be attributable to the early resolution court. The County Public Defender’s Office did not expend all Fill the Gap funds from FY2011, and the agency plans to devote additional funding to case tracking software and consultant needs in future fiscal years. The Cochise County Public Defender’s Office reported that 91 percent of all felony cases from FY2011 were adjudicated within 180 days of arraignment (Table 11). The Cochise County Legal Defender’s Department adjudicated 90 percent of felony cases within 180 days of filing (Table 12). The County Public Defender’s Office and the Legal Defender’s Department reported 404 and 245 felony case filings, respectively, in FY2011. Total felony cases filed increased in FY2011 for both the County Public Defender’s Office and the Legal Defender’s Department. FY2011 Fill the Gap Report 15 Arizona Criminal Justice Commission Table 11: Felony Case Processing Statistics Cochise County Public Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: All Superior Court Felony Cases Concluded in FY2011 Except Bench Warrants, Appeals, Significant Conflict Withdrawals, Probation Revocations, Some Jury Trials, and Failed Diversion Cases FY2007 FY2008 FY2009 FY2010 FY2011 Percent of Felony Cases Adjudicated 47% 65% 33% 58% 76% within 100 Days of Filing Percent of Felony Cases Adjudicated 76% 91% 87% 89% 91% within 180 Days of Filing Total Felony Cases Filed 319 238 362 395 404 Table 12: Felony Case Processing Statistics Cochise County Legal Defender’s Department FY2007-FY2011 Cases Included in FY2011 Statistics: All Superior Court Felony Cases Concluded in FY2011 Except Bench Warrants, Appeals, Significant Conflict Withdrawals, Probation Revocations, Some Jury Trials, and Failed Diversion Cases FY2007 FY2008 FY2009 FY2010 FY2011 Percent of Felony Cases Adjudicated 49% 41% 20% 58% 69% within 100 Days of Filing Percent of Felony Cases Adjudicated 75% 72% 71% 89% 90% within 180 Days of Filing Total Felony Cases Filed 176 124 123 223 245 Table 13: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Cochise County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. FY2007 FY2008 FY2009 FY2010 Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days 260 173 250 268 47% 42% 12% 13% 65% 71% 51% 48% Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH 1,671 777 797 1,163 FY2011 Fill the Gap Report 16 Arizona Criminal Justice Commission Coconino County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 134,651 15.3% 2.1% Flagstaff 17 Arizona Criminal Justice Commission Fill the Gap Funding in Coconino County In FY2011, the Coconino County Attorney’s Office received a total of $18,576.00 in Fill the Gap funds. The Coconino County Superior Court received a total of $13,362.00 in Fill the Gap funds to support indigent defense services. Funds for the County Attorney’s Office decreased 2.5 percent from FY2010 to FY2011, but funds for the Superior Court increased 23.7 percent. Table 14: Coconino County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Coconino County Attorney’s Office $19,062 $18,576 Coconino County Superior Court* $10,804 $13,362 Difference -2.5% 23.7% *Increase in funding to the Superior Court was largely due to fund sweeps in FY2010. Table 15: Coconino County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Coconino County Attorney’s Office $0.00 $18,576.00 Coconino County Superior Court $0.00 $13,362.00 FY2011 Total Allocated $18,576.00 $13,362.00 Table 16: Coconino County Fill the Gap Funding FY2001 – FY2011 Coconino County Attorney’s Office Coconino County Superior Court FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $30,578 $29,292 $30,070 $30,437 $30,314 $33,867 $33,697 $37,207 $30,427 $19,062 $18,576 $29,044 $27,821 $28,557 $28,934 $28,817 $32,191 $32,029 $35,358 $28,914 $10,804 $13,362 Coconino County Attorney’s Office The Coconino County Attorney’s Office assigned Fill the Gap funds in FY2011 to support the partial salaries of a deputy county attorney position and multiple legal assistant positions. The funded positions assisted the County Attorney’s Office in improving charging processing times and the processing of ongoing cases. The Coconino County Attorney’s Office reported that 73 percent of felony cases were adjudicated within 180 days of the filing date, or arraignment date (see Table 17). This is a decrease from 78 percent reported in FY2010. A total of 967 felony cases were filed by the County Attorney’s Office during FY2011. Total filings at the County Attorney’s Office rose from FY2010 after a sharp decrease reported from FY2009 to FY2010. FY2011 Fill the Gap Report 18 Arizona Criminal Justice Commission Table 17: Felony Case Processing Statistics Coconino County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Filed Felony Cases Adjudicated in FY2011 Excluding Days on Warrant Status Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 FY2009 FY2010 FY2011 60% 60% 59% 52% 44% 93% 87% 89% 78% 73% 1,557 1,446 1,447 884 967 Coconino County Indigent Defense The Coconino County Superior Court directed Fill the Gap funds in FY2011 to be used toward lab services for carrying out 4,262 random urinalysis drug tests for the DUI/Drug Court. The DUI/Drug Court was able to process a portion of the 110 participants through the expedited court system with the assistance of the random urinalysis drug tests. Testing was a requirement for the participants to complete the drug court process. Coconino County Superior Court reported completing 68 percent of felony cases within 180 days of filing (Table 18). The Superior Court reported a total of 851 felony cases filed in FY2011, which is a continuation of a decrease in the total number of filings since FY2008. Table 18: Felony Case Processing Statistics Coconino County Superior Court FY2007-FY2011 Cases Included in FY2011 Statistics: Criminal Cases Involving a Felony Charge Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 FY2011 49.7% 50% 50% 49% 38% 82.3% 81% 85% 82% 68% 1,066 1,151 1,070 986 851 19 Arizona Criminal Justice Commission Table 19: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Coconino County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 320 359 355 388 17% 14% 15% 14% 42% 39% 36% 34% 2,790 2,465 2,192 1,509 20 Arizona Criminal Justice Commission Gila County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 53,569 4.4% 0.8% Globe 21 Arizona Criminal Justice Commission Fill the Gap Funding in Gila County In FY2011, the Gila County Attorney’s Office received a total of $10,130.00 in Fill the Gap funds. Gila County Superior Court received a total of $7,287.00 in Fill the Gap funds to support indigent defense. Funds for the County Attorney’s Office increased 0.6 percent from FY2010 to FY2011 while funds for the Superior Court increased 27.6 percent. Table 20: Gila County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Gila County Attorney’s Office $10,074 $10,130 Gila County Superior Court* $5,710 $7,287 Difference 0.6% 27.6% *Increase in funding to the Superior Court was largely due to fund sweeps in FY2010. Table 21: Gila County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Gila County Attorney’s Office $0.00 $10,130.00 Gila County Superior Court $0.00 $7,287.00 FY2011 Total Allocated $10,130.00 $7,287.00 Table 22: Gila County Fill the Gap Funding FY2001 – FY2011 Gila County Attorney’s Office Gila County Superior Court FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $20,658 $21,082 $21,076 $20,105 $17,995 $18,647 $17,813 $18,319 $16,134 $10,074 $10,130 $19,622 $20,023 $20,016 $19,111 $17,012 $17,724 $16,932 $17,409 $15,333 $5,710 $7,287 Gila County Attorney’s Office In FY2011, the Gila County Attorney’s Office spent Fill the Gap funds on a desktop computer, a laser jet printer, and software support for the Judicial Dialog case management software. The County Attorney’s Office also leased two computers and printers at satellite locations of the Arizona Supreme Court. The equipment and software provides improved case tracking ability at the agency, and the leased computers will maintain access to the Superior Court minute entries promoting the timely processing of criminal cases. The leased equipment also provides attorneys with case minute entry copies not otherwise available. The County Attorney’s Office reported that remaining FY2011 funds will be put towards necessary equipment upgrades in FY2012, upgrades to the case management system, licensing of the old case management system until the system is phased out, and to continue the leasing of equipment to access minute entries at the Arizona Supreme Court. The Gila County Attorney’s Office reported in FY2011 that 60 percent of felony cases were adjudicated within 180 days of filing (Table 23). The County Attorney’s Office filed a total of 599 felony cases during the fiscal year, a decrease in the total number of filings reported in previous fiscal years. FY2011 Fill the Gap Report 22 Arizona Criminal Justice Commission Table 23: Felony Case Processing Statistics Gila County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Filed Except Cases in Warrant Status and Deferred Prosecution Status Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 FY2009* FY2010** FY2011 88% 90% 78% 32% 17% 97% 97% 95% 90% 60% 764 682 685 607 599 * Cases in FY2009 excluded appeals, warrants, homicides, and diversions. ** Cases in FY2010 excluded petitions for probation revocation, appeals, and diversions. Gila County Indigent Defense During FY2011, the Gila County Superior Court spent Fill the Gap funds on software maintenance and support of the Center Court program. The Center Court software program provides frequently updated scheduling of all criminal cases in the courts via the internet, keeping defense attorneys as well as defendants and victims abreast of any change in court dates. The software also fully automates the prioritized case trial list established by the prosecution and defense counsel. By automating this process and improving remote access to this information, hearings are less likely to be rescheduled due to insufficient notification. The Gila County Superior Court reported that approximately 57 percent of FY2011 felony cases were adjudicated within 180 days of filing (Table 24). A total of 620 felony cases were filed in FY2011, a decrease in the total number of felony cases filed from the previous fiscal year. Table 24: Felony Case Processing Statistics Gila County Superior Court FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Closed by Sentencing or Dismissal Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 FY2011 16.4% 32.3% 31.56% 23.07% 16.16% 55.6% 70.5% 73.76% 65.40% 57.06% 718 766 685 733 620 23 Arizona Criminal Justice Commission Table 25: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Gila County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 411 483 489 378 4% 2% 5% 11% 18% 9% 17% 32% 691 803 664 685 24 Arizona Criminal Justice Commission Graham County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 37,110 10.7% 0.6% Safford 25 Arizona Criminal Justice Commission Fill the Gap Funding in Graham County In FY2011, the Graham County Attorney’s Office received a total of $6,923.00 in Fill the Gap funds. The Graham County Superior Court received a total of $4,979.00 in Fill the Gap funds to support indigent defense. Funds for the County Attorney’s Office increased 7.9 percent from FY2010 to FY2011, and funds for the Superior Court increased 36.9 percent. Table 26: Graham County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Graham County Attorney’s Office $6,415 $6,923 Graham County Superior Court* $3,636 $4,979 Difference 7.9% 36.9% *Increase in funding to the Superior Court was largely due to fund sweeps in FY2010. Table 27: Graham County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Graham County Attorney’s Office $0.00 $6,923.00 Graham County Superior Court $0.00 $4,979.00 FY2011 Total Allocated $6,923.00 $4,979.00 Table 28: Graham County Fill the Gap Funding FY2001 – FY2011 Graham County Attorney’s Office Graham County Superior Court FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $9,283 $10,150 $10,491 $10,431 $9,426 $9,774 $9,606 $10,677 $10,272 $6,415 $6,923 $8,818 $9,641 $9,963 $9,915 $8,961 $9,290 $9,129 $10,147 $9,760 $3,636 $4,979 Graham County Attorney’s Office The Graham County Attorney’s Office utilized Fill the Gap funds in FY2011 to purchase office furniture and equipment— including computers, printers, voice recorders, a scanner, and additional equipment— as well as to pay fees for data processing. In addition, the County Attorney’s Office utilized funds to update the maintenance and support of LegalEdge, the County Attorney’s case management software. The office reported that these expenditures assisted in the agency’s effort to efficiently prosecute cases and improve case processing. Any additional funds will be used in FY2012 to pay case management maintenance fees and to replace equipment. The County Attorney’s Office reported completing 100 percent of felony cases within 180 days of filing in FY2011 (Table 29). There were 456 felony cases filed within the fiscal year. The number of felony case filings slightly increased from FY2010. It is important to note that data from FY2011 were pulled from the agency’s case management system while prior years’ data were collected by the Administrative Office of the Courts. FY2011 Fill the Gap Report 26 Arizona Criminal Justice Commission Table 29: Felony Case Processing Statistics Graham County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Criminal Felony Cases Bound Over from Justice to Superior Court Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing FY2007 FY2008 FY2009 FY2010 FY2011 36.1% 41% 39.6% 41.6% 51% 76.3% 73% 73% 76.4% 100% 461 606 507 449 456 Total Felony Cases Filed Graham County Indigent Defense The Graham County Superior Court devoted Fill the Gap funds in FY2011 to the contracted services of defense attorneys. The funding available through Fill the Gap was crucial in providing the Superior Court with quality indigent defense counsel amid decreasing county budgets and steady workload. The Graham County Superior Court was unable to provide case processing statistics for FY2011 since data was not available from the Arizona Judicial Case Management System (AJACS) (Table 30). In FY2011, the Superior Court did report filing a total of 456 felony cases from Graham County. This is a noticeable decrease in felony cases filed compared to FY2010. Table 30: Felony Case Processing Statistics Graham County Superior Court FY2007-FY2011 Cases Included in FY2011 Statistics: All Criminal Felony Cases Filed Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 36.1% 40.9% 39.3% 41.6% 76.3% 73.0% 72.8% 76.4% 461 490 528 520 FY2011 No Data Provided No Data Provided 456 27 Arizona Criminal Justice Commission Table 31: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Graham County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 242 251 324 328 10% 12% 9% 7% 42% 37% 27% 27% 420 605 767 744 28 Arizona Criminal Justice Commission Greenlee County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 8,353 -2.3% 0.1% Clifton 29 Arizona Criminal Justice Commission Fill the Gap Funding in Greenlee County In FY2011, the Greenlee County Attorney’s Office received a total of $1,395.00 in Fill the Gap funds. The Greenlee County Superior Court received a total of $1,003.00 in Fill the Gap funds to support indigent defense. Funds for the County Attorney’s Office increased 5.0 percent from FY2010 to FY2011 while funds for the Superior Court increased 33.2 percent. Table 32: Greenlee County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Greenlee County Attorney’s Office $1,328 $1,395 Greenlee County Superior Court* $753 $1,003 Difference 5.0% 33.2% *Increase in funding to the Superior Court was largely due to fund sweeps in FY2010. Table 33: Greenlee County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Greenlee County Attorney’s Office $0.00 $1,395.00 Greenlee County Superior Court $0.00 $1,003.00 FY2011 Total Allocated $1,395.00 $1,003.00 Table 34: Greenlee County Fill the Gap Funding FY2001 – FY2011 Greenlee County Attorney’s Office Greenlee County Superior Court FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $2,437 $2,141 $2,305 $2,443 $2,436 $2,415 $2,147 $2,334 $2,124 $1,328 $1,395 $2,315 $2,033 $2,189 $2,322 $2,315 $2,296 $2,039 $2,218 $2,019 $753 $1,003 Greenlee County Attorney’s Office In FY2011, the Greenlee County Attorney’s Office directed Fill the Gap funds toward the purchase of office supplies, including storage boxes, file folders, copier toner, paper, writing instruments, and other supplies, for the continued support of the everyday functions of the office. The supplies help to organize cases and provide staff with the necessary tools to process the office’s caseload. The Greenlee County Attorney’s Office reported completing 96 percent of felony cases in FY2011 within 180 days of filing (Table 35). The County Attorney’s Office reported a total of 117 felony cases filed during the fiscal year. The total number of felony cases filed decreased from 127 reported in FY2010. FY2011 Fill the Gap Report 30 Arizona Criminal Justice Commission Table 35: Felony Case Processing Statistics Greenlee County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: All Felony Cases Filed Excluding Cases with Active Warrants Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 FY2009 FY2010 FY2011 89% 85% 98% 94% 84% 98% 96% 99% 99% 96% 119 104 126 127 117 Greenlee County Indigent Defense Greenlee County Superior Court did not report any Fill the Gap expenditures in FY2011. The agency is saving the funds to pay for defense attorney fees in future fiscal years. The Superior Court reported that Fill the Gap funds assist in providing quality defense counsel in cases requiring extensive travel, and in turn, reduce delays in case processing. The Superior Court reported in FY2011 that 87 percent of all felony cases were adjudicated within 180 days of filing (Table 36). The Superior Court filed a total of 82 felony cases in FY2011, an increase in the total number of felony cases filed during the prior fiscal year. Table 36: Felony Case Processing Statistics Greenlee County Superior Court FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Leading to Sentencing Except Out-of-County Judge, Interstate Compact, and Opened in Error Cases Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report FY2007 No Data Provided No Data Provided No Data Provided FY2008 No Data Provided No Data Provided No Data Provided FY2009 FY2010 FY2011 76% 72% 71% 95% 96% 87% 91 75 82 31 Arizona Criminal Justice Commission Table 37: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Greenlee County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 145 192 153 147 30% 31% 48% 39% 73% 66% 76% 76% 158 135 147 169 32 Arizona Criminal Justice Commission La Paz County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 20,458 4.3% 0.3% Parker 33 Arizona Criminal Justice Commission Fill the Gap Funding in La Paz County In FY2011, the La Paz County Attorney’s Office received a total of $4,263.00 in Fill the Gap funds. The La Paz County Public Defender’s Office received a total of $3,067.00 in Fill the Gap funds. Funds for the County Attorney’s Office decreased 5.7 percent from FY2010 to FY2011, but funds for the Public Defender’s Office increased 19.7 percent. Table 38: La Paz County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 La Paz County Attorney’s Office $4,521 $4,263 La Paz County Public Defender’s Office* $2,563 $3,067 Difference -5.7% 19.7% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 39: La Paz County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue La Paz County Attorney’s Office $0.00 $4,263.00 La Paz County Public Defender’s Office $0.00 $3,067.00 FY2011 Total Allocated $4,263.00 $3,067.00 Table 40: La Paz County Fill the Gap Funding FY2001 – FY2011 La Paz County Attorney’s Office La Paz County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $7,228 $7,412 $7,478 $7,628 $8,350 $9,442 $9,513 $10,150 $7,256 $4,521 $4,263 $6,865 $7,041 $7,102 $7,251 $7,936 $8,974 $9,042 $9,646 $6,896 $2,563 $3,067 La Paz County Attorney’s Office The La Paz County Attorney’s Office used Fill the Gap funds in FY2011 to support personnel, to purchase various equipment and computer/office supplies, to provide contractual services from West Law and Judicial Dialog to staff, to purchase Smart Draw case management software, to obtain subscription reference material, and to provide tuition and training. Fill the Gap funds (both from FY 2011 and from prior fiscal years) helped support $40,612 in staff salaries and ERE. Funding has helped the office process cases more efficiently, and the access to West Law and Judicial Dialog maintained case management. Unfortunately, the new case management system at the Superior Court continued to experience complications in collecting case adjudication statistics (Table 41). The County Attorney’s Office reported a total of 318 felony cases filed in FY2011, a decrease from FY2010. FY2011 Fill the Gap Report 34 Arizona Criminal Justice Commission Table 41: Felony Case Processing Statistics La Paz County Attorney’s Office FY2007-FY2011 FY2007 FY2008 FY2009 Percent of Felony Cases Adjudicated No Data 55.7% 22.6% within 100 Days of Filing Provided Percent of Felony Cases Adjudicated No Data 71.8% 40.7% within 180 Days of Filing Provided Total Felony Cases Filed 344 337 357 FY2010 No Data Provided No Data Provided FY2011 No Data Provided No Data Provided 407 318 La Paz County Indigent Defense The La Paz County Public Defender’s Office used Fill the Gap funds in FY2011 to purchase camera equipment, to invest in legal publications, reports, and other research services, to educate one attorney at a forensic evidence class, and to obtain software and training in TimeMatters, the agency’s case management system. The camera equipment is intended to allow remote access to the office for authorized personnel without requiring staff to leave their work stations. Also, the additional legal research services save time in attorney case law research. Finally, the investment in the TimeMatters transition will lead to improved case processing. Progress towards this goal has been hindered by budget issues and turnover of trained employees. Any additional funding will be used towards improving the TimeMatters case management system. The La Paz County Public Defender’s Office was also unable to capture case processing data as it pertains to number of days between filing and case adjudication (Table 42). The agency is continuing the effort to correct this issue within the case management system. The agency did report a total of 318 felony cases filed in FY2011. A total of 369 felony cases were filed in FY2009. Table 42: Felony Case Processing Statistics La Paz County Public Defender’s Office FY2007-FY2011 FY2007 FY2008 FY2009 Percent of Felony Cases Adjudicated No Data 17.3% 22.6% within 100 Days of Filing Provided Percent of Felony Cases Adjudicated No Data 50.8% 42.9% within 180 Days of Filing Provided No Data Total Felony Cases Filed 336 369 Provided FY2011 Fill the Gap Report FY2010 No Data Provided No Data Provided No Data Provided FY2011 No Data Provided No Data Provided 318 35 Arizona Criminal Justice Commission Table 43: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System La Paz County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 501 423 344 347 7% 4% 11% 9% 28% 21% 29% 34% 610 313 447 464 36 Arizona Criminal Justice Commission Maricopa County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 3,827,371 23.8% 59.7% Phoenix 37 Arizona Criminal Justice Commission Fill the Gap Funding in Maricopa County In FY2011, the Maricopa County Attorney’s Office received a total of $622,453.00 in Fill the Gap funds. The Maricopa County Public Defender’s Office received a total of $447,723.00 in Fill the Gap funds. Funds for the County Attorney’s Office decreased by a negligible amount from FY2010 to FY2011, and funds for the County Public Defender’s Office increased 26.9 percent. Table 44: Maricopa County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Maricopa County Attorney’s Office $622,659 $622,453 Maricopa County Public Defender’s Office* $352,899 $447,723 Difference -0.0% 26.9% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 45: Maricopa County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Maricopa County Attorney’s Office $0.00 $622,453.00 Maricopa County Public Defender’s Office $0.00 $447,723.00 FY2011 Total Allocated $622,453.00 $447,723.00 Table 46: Maricopa County Fill the Gap Funding FY2001 – FY2011 Maricopa County Attorney’s Office Maricopa County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $736,403 $805,910 $425,289 $438,581 $448,062 $541,572 $560,172 $669,028 $567,104 $622,659 $622,453 $699,465 $765,429 $403,804 $416,420 $425,421 $514,231 $531,892 $635,147 $538,280 $352,899 $447,723 Maricopa County Attorney’s Office Maricopa County Attorney’s Office used over $360,000 of Fill the Gap funds in FY2011 towards support staff at the pre-trial bureaus. These positions supported the timely processing of out-ofcustody cases, the expedited processing of out-of-custody cases where the offender is actually in jail on other charges, and the prompt entering of charging decisions into the County Attorney Information System (CAIS) once the decision has been made by the prosecuting attorneys. The efforts of staff funded by Fill the Gap continued to ensure the timely processing of criminal cases at the County Attorney’s Office. An additional $629 was spent on miscellaneous services in FY2011. Maricopa County Attorney’s Office adjudicated 89.3 percent of felony cases disposed in FY2011 within 180 days of the filing date, a reported increase from FY2010. A total of 33,860 felony cases were filed during the fiscal year. The total number of felony cases filed by the County Attorney’s Office has been decreasing since FY2008. FY2011 Fill the Gap Report 38 Arizona Criminal Justice Commission Table 47: Felony Case Processing Statistics Maricopa County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Disposed in FY2011 Except Homicides, Highly Complex Cases, Appeals, Conflicts, Purged Cases, Probation Violations, Diversion Time, Time Spent in Rule 11 Proceedings, Time in Warrant Status, and Time in Special Actions Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 FY2009 FY2010 FY2011 75% 72% 68.5% 71.92% 73.7% 88% 87% 86.5% 87.96% 89.3% 40,286 42,081 40,760 38,862 33,860 Maricopa County Indigent Defense During FY2011, the Maricopa County Public Defender’s Office expended Fill the Gap funds in multiple categories. First, the agency fully and partially funded salaries and ERE for eight attorney positions (one located in the Legal Defender’s Office), one legal secretary position, and the IRIS project manager position. Purchases were made to update Microsoft software licenses. Finally, funds were also used for the IRIS database administrator to attend SQL Server training, and for mileage reimbursement of attorneys funded by the Fill the Gap Program. Funding from Fill the Gap supported staff positions in charge of processing cases through specialty courts (i.e. early disposition courts and regional court centers) and processing of felony cases in general. These specialty courts expedited cases in an effort to reduce attorney workload and subsequent case withdrawals. Data show that 69 percent of resolved felony cases were done so in the early disposition courts and regional court centers. The agency also continued to support the work of the IRIS project manager. The manager investigated available options for replacing the IRIS, TimeMatters and CACE systems and recommended the transition to JustWare Defender. Implementation of the JustWare Defender is slated for FY2012. The new case management system is expected to provide greater efficiencies and improved business practices throughout the office. JustWare Defender will also unify the various case management systems being used throughout the office. The agency, in conjunction with the courts and prosecution, continued to explore cost-effective alternatives that promote reductions in recidivism. A specialty court for veterans is currently in phase one of a two-pronged development while the Regional Homeless Court is currently expanding in case scope. The Continuity of Care Court attends to the needs of mentally ill incarcerated defendants through the court process. The agency also supports initiatives through its involvement in a variety of committees and other entities. The public defender’s office stated that any Fill the Gap funding not spent in FY2011 will go toward the proposed transition to JustWare Defender. The Maricopa County Public Defender’s Office reported that 84 percent of felony cases closed during FY2011 was adjudicated within 180 days of the arraignment date (Table 48). A total of FY2011 Fill the Gap Report 39 Arizona Criminal Justice Commission 31,270 felony cases were filed during FY2011, a continued decrease in felony cases filed since FY2008. Table 48: Felony Case Processing Statistics Maricopa County Public Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Closed in FY2011 Except Appeals and Probation Violations Percent of Felony Cases Closed within 100 Days of Arraignment/Assignment Percent of Felony Cases Closed within 180 Days of Arraignment/Assignment Total Felony Cases Filed FY2007 FY2008 FY2009 FY2010 FY2011 74.9% 74.3% 71.1% 78% 74% 87.8% 86.3% 83.5% 88% 84% 37,357 39,513 36,997 33,064 31,270 Table 49: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Maricopa County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 251 236 262 258 29% 28% 24% 27% 59% 57% 51% 51% 38,969 45,843 53,831 49,882 40 Arizona Criminal Justice Commission Mohave County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 200,181 28.1% 3.1% Kingman 41 Arizona Criminal Justice Commission Fill the Gap Funding in Mohave County In FY2011, the Mohave County Attorney’s Office received a total of $28,737.00 in Fill the Gap funds. The Mohave County Public Defender’s Office received a total of $20,671.00 in Fill the Gap funds. Funds for the County Attorney’s Office decreased 2.8 percent from FY2010 to FY2011 while funds for the Public Defender’s Office increased 23.4 percent. Table 50: Mohave County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Mohave County Attorney’s Office $29,556 $28,737 Mohave County Public Defender’s Office* $16,752 $20,671 Difference -2.8% 23.4% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 51: Mohave County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Mohave County Attorney’s Office $0.00 $28,737.00 Mohave County Public Defender’s Office $0.00 $20,671.00 FY2011 Total Allocated $28,737.00 $20,671.00 Table 52: Mohave County Fill the Gap Funding FY2001 – FY2011 Mohave County Attorney’s Office Mohave County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $43,535 $43,518 $44,103 $43,424 $42,493 $45,185 $46,149 $51,717 $47,197 $29,556 $28,737 $41,353 $41,332 $41,883 $41,278 $40,395 $42,950 $43,865 $49,147 $44,853 $16,752 $20,671 Mohave County Attorney’s Office The Mohave County Attorney’s Office devoted FY2011 Fill the Gap funding to information technology expenses supporting grant funded employees, non-general fund employees, and volunteers within the Crime Victim Services Division. Improving and maintaining current technology standards has assisted the office with case disclosures, informing victims regarding case hearings, and general case processing. Mohave County Attorney’s Office reported that 87 percent of FY2011 felony cases (including cases involving juvenile defendants) were completed within 180 days of filing (Table 53). The county attorney’s office also reported that a total of 2,163 felony cases were filed during the fiscal year. The total number of felony cases filed by the County Attorney’s Office increased from FY2010 to FY2011. FY2011 Fill the Gap Report 42 Arizona Criminal Justice Commission Table 53: Felony Case Processing Statistics Mohave County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: All Felony Adult and Juvenile Cases FY2007 FY2008 FY2009 FY2010 FY2011 62% 69% 68% 66% 64% 85% 90% 85% 86% 87% 1,850 2,647 2,281 1,991 2,163 Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Mohave County Indigent Defense In FY2011, the Mohave County Public Defender’s Office used Fill the Gap funds to support the salary of one staff position to process the scanning of closed files. Funds were also used to purchase a scanner and supplies for the scanning project. Additional expenditures were allocated for the following: legal research and dues for LexisNexis and National Legal Aid & Defender Association (NLADA) membership; a client’s laundered clothes; travel and attendance at various conferences, trainings and seminars; transcription, mailing, and transportation costs connected to defense cases; vehicle use; various law library books; and professional association dues. The new digital case archiving backlog has been cleared much earlier than planned. As a result, previous cases are more accessible for reference or research. This greatly improves the efficiency of staff in the office. Access to research tools also improves the staff efficiencies and overall case processing. Finally, staff trainings are expected to improve case management and processing. The Public Defender’s Office was not able to obtain the necessary case processing statistics from the Arizona Superior Court for FY2011 (Table 54). Data was collected from the Superior Court in FY2010, and the total number of felony case filings in FY2010 reached 2,121. The Defender’s Office is making every effort to update the data for the FY2012 report. Table 54: Felony Case Processing Statistics Mohave County Public Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Appointed Counsel in FY2011 Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 50.7% 40% 85.7% 79% No Data Provided 824 FY2009 No Data Provided No Data Provided No Data Provided FY2010* 58% 75% 2,121 FY2011 No Data Provided No Data Provided No Data Provided * The FY2010 data excludes 256 cases assigned to contract counsel for which data is not available. FY2011 Fill the Gap Report 43 Arizona Criminal Justice Commission Table 55: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Mohave County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 190 225 234 204 36% 25% 27% 30% 65% 54% 57% 59% 1,902 1,941 1,540 1,874 44 Arizona Criminal Justice Commission Navajo County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 107,551 10.1% 1.7% Holbrook 45 Arizona Criminal Justice Commission Fill the Gap Funding in Navajo County In FY2011, the Navajo County Attorney’s Office received a total of $18,256.00 in Fill the Gap funds. The Navajo County Public Defender’s Office received a total of $13,131.00 in Fill the Gap funds. Funds for the County Attorney’s Office decreased 0.6 percent from FY2010 to FY2011, but funds for the Public Defender’s Office increased 26.1 percent. Table 56: Navajo County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Navajo County Attorney’s Office $18,371 $18,256 Navajo County Public Defender’s Office* $10,413 $13,131 Difference -0.6% 26.1% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 57: Navajo County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Navajo County Attorney’s Office $0.00 $18,256.00 Navajo County Public Defender’s Office $0.00 $13,131.00 FY2011 Total Allocated $18,256.00 $13,131.00 Table 58: Navajo County Fill the Gap Funding FY2001 – FY2011 Navajo County Attorney’s Office Navajo County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $25,138 $26,231 $27,377 $27,407 $25,888 $28,828 $28,338 $31,553 $29,384 $18,371 $18,256 $23,877 $24,913 $25,999 $26,052 $24,607 $27,402 $26,936 $29,985 $27,925 $10,413 $13,131 Navajo County Attorney’s Office The Navajo County Attorney’s Office allotted Fill the Gap funds in FY2011 toward a computer and training for Adobe Acrobat 9 Pro software. The County Attorney’s Office also continues to dedicate funding to licenses for Microsoft Enterprise. The agency is planning to go paperless within a year, so the Adobe training will assist in the transition. Meanwhile, the Microsoft Enterprise licensing keeps the office current on software and support. Finally, one computer was purchased to replace an attorney’s broken computer. The County Attorney’s Office reported to have completed 9 percent of FY2011 felony cases within 180 days of filing (Table 59). A total of 1,266 felony cases were filed by the Navajo County Attorney’s Office in FY2011, a small increase in the total number of felony cases filed by the agency from FY2010. FY2011 Fill the Gap Report 46 Arizona Criminal Justice Commission Table 59: Felony Case Processing Statistics Navajo County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Filed in FY2011 FY2007 FY2008 FY2009 FY2010 FY2011 66% 88% 9% 8% 6% 73% 92% 16% 11% 9% 1,006 1,798 1,635 1,258 1,266 Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed Navajo County Indigent Defense During FY2011, the Navajo County Legal Defender’s Office utilized Fill the Gap funds to support the enterprise licensing agreement for case management and various other computer program support. The Navajo Public Defender’s Office did not spend FY2011 funding, so Fill the Gap funding will be used in future fiscal years to replace outdated computers with laptops for better remote access to the case management system. The Defender’s Office will use any remaining funds on office equipment, such as more efficient printers. The Public Defender’s Office adjudicated 95 percent of FY2011 felony cases filed within 180 days of filing, or appointment date (Table 60). The agency reported a total of 823 felony cases filed in FY2011. The Legal Defender’s Office adjudicated 79 percent of felony cases filed during FY2011 (Table 61). The Legal Defender’s Office reported a decrease in felony cases filed to 335 in FY2011. Table 60: Felony Case Processing Statistics Navajo County Public Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases with an Appointed Public Defender during FY2011 FY2007 FY2008 FY2009 FY2010 FY2011 Percent of Felony Cases Adjudicated No Data 33% 53% 75% 87% within 100 Days of Filing Provided Percent of Felony Cases Adjudicated No Data 50% 100% 91% 95% within 180 Days of Filing Provided No Data Total Felony Cases Filed 522 538 1,254 823 Provided FY2011 Fill the Gap Report 47 Arizona Criminal Justice Commission Table 61: Felony Case Processing Statistics Navajo County Legal Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases with an Appointed Legal Defender during FY2011 FY2007 FY2008 77% 71% 90% 88% 661 494 Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2009 No Data Provided No Data Provided No Data Provided FY2010 FY2011 65% 64% 82% 79% 399 335 Table 62: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Navajo County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 449 330 311 318 14% 15% 18% 16% 33% 34% 42% 39% 1,800 1,422 1,400 1,066 48 Arizona Criminal Justice Commission Pima County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 982,154 15.8% 15.3% Tucson 49 Arizona Criminal Justice Commission Fill the Gap Funding in Pima County In FY2011, the Pima County Attorney’s Office received a total of $122,825.00 in Fill the Gap funds. The Pima County Public Defender’s Office received a total of $88,346.00 in Fill the Gap funds. Funds for the County Attorney’s Office increased 1.5 percent from FY2010 to FY2011, and funds for the Public Defender’s Office increased 28.8 percent. Table 63: Pima County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Pima County Attorney’s Office $121,061 $122,825 Pima County Public Defender’s Office* $68,613 $88,346 Difference 1.5% 28.8% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 64: Pima County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Pima County Attorney’s Office $0.00 $122,825.00 Pima County Public Defender’s Office $0.00 $88,346.00 FY2011 Total Allocated $122,825.00 $88,346.00 Table 65: Pima County Fill the Gap Funding FY2001 – FY2011 Pima County Attorney’s Office Pima County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $180,040 $188,127 $99,271 $99,376 $90,432 $106,073 $110,401 $133,092 $110,260 $121,061 $122,825 $171,010 $178,677 $94,256 $94,355 $85,862 $100,718 $104,827 $126,352 $104,656 $68,613 $88,346 Pima County Attorney’s Office During FY2011, the Pima County Attorney’s Office used Fill the Gap funds to support the salaries and ERE of two prosecutors, two paralegals, one legal secretary, and one legal processing support position. Additional Fill the Gap funds were allocated to attorney bar dues. Staff supported by Fill the Gap funds managed caseloads by assessing which cases should move to trial and disposing of the non-trial cases, often leading to a plea agreement. As a result, prosecutors were better able to concentrate on court cases, and minimizing unnecessary court hearings. The office cited continued hiring freezes, complex caseloads, and high turnover across many positions as challenges to case processing, and that Fill the Gap funds are vital in maintaining current case processing levels. Pima County Attorney’s Office reported that 72 percent of felony cases were adjudicated within 180 days of filing, or arraignment date, in FY2011 (Table 66). The agency also reported that 4,401 felony cases were filed during FY2011. The total number of felony case filings decreased compared to the 5,312 filed in FY2010. FY2011 Fill the Gap Report 50 Arizona Criminal Justice Commission Table 66: Felony Case Processing Statistics Pima County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Adjudicated Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 FY2009 FY2010 FY2011 43% 42% 45% 41% 37% 75% 75% 76% 74% 72% 5,595 5,765 5,993 5,312 4,401 Pima County Indigent Defense The Pima County Public Defender’s Office utilized Fill the Gap funds in FY2011 to support one staff assistant position and to provide attorneys with computers and software for training on the new JustWare case management system. The staff assistant worked on the case management system, information technology issues at the agency, and the maintenance and operation of the jail video visitation system. The Public Defender’s Office initiated the case management system implementation process by investing in the program during the prior fiscal year. The staff assistant will be assigned to training the staff on the new JustWare product. The JustWare system is expected to improve case processing and business functions throughout the office. The Public Defender’s Office reported coordinating with agencies through the Justice Coordinating Council, which was reinstated by the presiding superior court judge. The office continues to get involved with the information technology professionals committee to encourage coordination of resources across county departments. Continued improvements include the following: wireless Internet access is now available to prosecutors and defense counsel within the court rooms, the County Attorney is disclosing information to the defense electronically, customized reports at the Superior Court are available electronically, and the County Attorney offers statute information to the Public Defender’s Office electronically as well. In FY2011, the Public Defender’s Office reported that 72 percent of felony case filings were completed within 180 days of the filing date (Table 67). The agency also reported a total of 4,783 felony cases filed during the fiscal year, a decrease from the totals in FY2009 and FY2010. Table 67: Felony Case Processing Statistics Pima County Public Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: All Felony Cases Adjudicated Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 FY2011 43% 42% 45% 41% 37% 75% 76% 76% 74% 72% 5,318 5,634 5,993 5,312 4,783 51 Arizona Criminal Justice Commission Table 68: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Pima County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 231 242 262 259 21% 19% 19% 17% 54% 53% 54% 52% 12,026 10,968 10,193 8,258 52 Arizona Criminal Justice Commission Pinal County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 383,842 111.7% 6.0% Florence 53 Arizona Criminal Justice Commission Fill the Gap Funding in Pinal County In FY2011, the Pinal County Attorney’s Office received a total of $40,692.00 in Fill the Gap funds. The Pinal County Public Defender’s Office received a total of $29,269.00 in Fill the Gap funds. Funds for the County Attorney’s Office increased slightly by 0.1 percent from FY2010 to FY2011, and funds for the Public Defender’s Office increased 27.0 percent. Table 69: Pinal County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Pinal County Attorney’s Office $40,668 $40,692 Pinal County Public Defender’s Office* $23,050 $29,269 Difference 0.1% 27.0% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 70: Pinal County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Pinal County Attorney’s Office $0.00 $40,692.00 Pinal County Public Defender’s Office $0.00 $29,269.00 FY2011 Total Allocated $40,692.00 $29,269.00 Table 71: Pinal County Fill the Gap Funding FY2001 – FY2011 Pinal County Attorney’s Office Pinal County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $43,256 $44,647 $44,679 $44,744 $46,850 $51,926 $57,175 $69,562 $64,769 $40,668 $40,692 $41,087 $42,404 $42,431 $42,535 $44,537 $49,357 $54,346 $66,105 $61,552 $23,050 $29,269 Pinal County Attorney’s Office The Pinal County Attorney’s Office spent FY2011 Fill the Gap funds on the salary and ERE of one legal secretary position. The legal secretary position continued to support improved case processing and time management at the agency. The County Attorney’s Office expressed the high priority of maintaining this position for timely case processing. The Pinal County Attorney’s Office adjudicated 68 percent of FY2011 felony cases within 180 days of the filing date (Table 72). A total of 2,469 felony cases were filed during the fiscal year. The total number of felony cases filed by the County Attorney’s Office in FY2011 was reported to have increased by more than 500 cases from FY2010. FY2011 Fill the Gap Report 54 Arizona Criminal Justice Commission Table 72: Felony Case Processing Statistics Pinal County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Adjudicated in FY2011 Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 FY2009 FY2010 FY2011 17% 20% 18% 36% 52% 53% 55% 31% 57% 68% 1,965 2,272 1,606 1,915 2,469 Pinal County Indigent Defense In FY2011, the Pinal County Public Defender’s Office directed Fill the Gap funds to support the partial salary of one attorney. The attorney helped the agency meet the needs of its clients, and the agency staff can more efficiently allocate resources to benefit the justice system. In FY2011, approximately 86 percent of felony cases filed in FY2011 at the Public Defender’s Office was adjudicated within 180 days of the filing date (Table 73). A total of 3,511 felony cases were filed during FY2011, a substantial increase in the number of reported felony case filings from FY2009 and FY2010. Table 73: Felony Case Processing Statistics Pinal County Public Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: All Adult Felony Cases with an Appointed Public Defender Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report FY2007 No Data Provided No Data Provided FY2008 FY2009 FY2010 FY2011 40.26% 34% 68% 69.19% 58.08% 69% 86% 86.01% 3,230 2,316 1,990 2,426 3,511 55 Arizona Criminal Justice Commission Table 74: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Pinal County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 273 295 297 256 11% 13% 14% 17% 43% 40% 43% 55% 2,407 2,197 2,167 2,621 56 Arizona Criminal Justice Commission Santa Cruz County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 47,462 23.0% 0.7% Nogales 57 Arizona Criminal Justice Commission Fill the Gap Funding in Santa Cruz County In FY2011, the Santa Cruz County Attorney’s Office received a total of $5,853.00 in Fill the Gap funds. The Santa Cruz County Superior Court received a total of $4,210.00 in Fill the Gap funds. Funds for the County Attorney’s Office decreased 3.6 percent from FY2010 to FY2011, but funds for the Superior Court increased 22.3 percent. Table 75: Santa Cruz County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Santa Cruz County Attorney’s Office $6,071 $5,853 Santa Cruz County Superior Court* $3,442 $4,210 Difference -3.6% 22.3% *Increase in funding to the Superior Court was largely due to fund sweeps in FY2010. Table 76: Santa Cruz County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Santa Cruz County Attorney’s Office $0.00 $5,853.00 Santa Cruz County Superior Court $0.00 $4,210.00 FY2011 Total Allocated $5,853.00 $4,210.00 Table 77: Santa Cruz County Fill the Gap Funding FY2001 – FY2011 Santa Cruz County Attorney’s Office Santa Cruz County Superior Court FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $8,741 $8,483 $8,799 $8,705 $8,885 $9,438 $9,801 $10,722 $9,677 $6,071 $5,853 $8,302 $8,057 $8,356 $8,274 $8,447 $8,971 $9,317 $10,189 $9,197 $3,442 $4,210 Santa Cruz County Attorney’s Office In FY2011, the Santa Cruz County Attorney’s Office decided to save available Fill the Gap funds for future investment in temporary legal assistant positions. These positions are anticipated to assist the agency with case processing from filing through the entire justice system process. The temporary positions will enable permanent staff to focus on preparing documents for criminal cases. The County Attorney’s Office currently does not have the case tracking capabilities to provide the case processing data requested (Table 78). Prior Fill the Gap reports note the agency’s intention to transition to a new case management system in the future. FY2011 Fill the Gap Report 58 Arizona Criminal Justice Commission Table 78: Felony Case Processing Statistics Santa Cruz County Attorney’s Office FY2007-FY2011 FY2007 FY2008 FY2009 Percent of Felony Cases Adjudicated No Data No Data No Data within 100 Days of Filing Provided Provided Provided Percent of Felony Cases Adjudicated No Data No Data No Data within 180 Days of Filing Provided Provided Provided No Data No Data No Data Total Felony Cases Filed Provided Provided Provided FY2010 No Data Provided No Data Provided No Data Provided FY2011 No Data Provided No Data Provided No Data Provided Santa Cruz County Indigent Defense Santa Cruz County Superior Court reported to have not spent Fill the Gap funding in FY2011 due to the small monetary allocation. The court spent the funding on contractual legal services in FY2010, and the agency will likely be saving FY2011 funds for indigent defense representation in future fiscal years. The Superior Court reported that 37 percent of FY2011 felony case filings were completed within 180 days of filing (Table 79). The agency also reported that a total of 199 felony cases were filed during the fiscal year. The total number of felony cases filed by the Superior Court decreased noticeably since FY2009. Table 79: Felony Case Processing Statistics Santa Cruz County Superior Court FY2007-FY2011 Cases Included in FY2011 Statistics: All Felony Cases Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report FY2007 FY2008 38.1% 38.0% 73.3% 69.6% 339 297 FY2009 No Data Provided No Data Provided FY2010 FY2011 24% 21% 42% 37% 311 309 199 59 Arizona Criminal Justice Commission Table 80: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Santa Cruz County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 377 245 277 233 15% 26% 27% 23% 33% 49% 54% 52% 1,069 805 651 710 60 Arizona Criminal Justice Commission Yavapai County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 211,061 25.2% 3.3% Prescott 61 Arizona Criminal Justice Commission Fill the Gap Funding in Yavapai County In FY2011, the Yavapai County Attorney’s Office received a total of $40,255.00 in Fill the Gap funds. The Yavapai County Public Defender’s Office received a total of $28,955.00 in Fill the Gap funds. Funds for the County Attorney’s Office decreased 1.4 percent from FY2010 to FY2011, and funds for the Public Defender’s Office increased 25.1 percent. Table 81: Yavapai County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Yavapai County Attorney’s Office $40,842 $40,255 Yavapai County Public Defender’s Office* $23,148 $28,955 Difference -1.4% 25.1% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 82: Yavapai County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Yavapai County Attorney’s Office $0.00 $40,255.00 Yavapai County Public Defender’s Office $0.00 $28,955.00 FY2011 Total Allocated $40,255.00 $28,955.00 Table 83: Yavapai County Fill the Gap Funding FY2001 – FY2011 Yavapai County Attorney’s Office Yavapai County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $41,765 $44,641 $46,245 $48,078 $51,322 $58,499 $60,766 $68,851 $65,431 $40,842 $40,255 $39,761 $42,398 $43,919 $45,705 $48,787 $55,605 $57,759 $65,429 $62,179 $23,148 $28,955 Yavapai County Attorney’s Office During FY2011, the Yavapai County Attorney’s Office allotted Fill the Gap funds for staff salary. Fill the Gap funds continue to support their involvement in the Early Disposition Court, also supported by the Superior Court and Indigent Defense. The Early Disposition Court focuses on expediting felony cases through the court process and reducing caseloads for attorneys working cases at the conventional courts. The Yavapai County Court Administration Office was again unable to provide case processing statistics as a result of the new case management system implemented in September 2009. The County Attorney’s Office was able to provide a total of 1,837 felony cases filed during FY2011. The total number of felony cases filed has decreased steadily since FY2007. FY2011 Fill the Gap Report 62 Arizona Criminal Justice Commission Table 84: Felony Case Processing Statistics Yavapai County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Filed during FY2011 Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 No Data Provided No Data Provided FY2008 No Data Provided No Data Provided FY2009 3,162 2,914 2,453 69% 84% FY2010 No Data Provided No Data Provided FY2011 No Data Provided No Data Provided 2,105 1,837 Yavapai County Indigent Defense In FY2011, the Yavapai County Public Defender’s Office used Fill the Gap funds to support half of an attorney position and a full support staff position. As a result of reduced county funds, Fill the Gap funds were critical in FY2011 in order for the office to keep up with large caseloads. Attorneys were better able to attend to the needs of their clients with the funding assistance. The Yavapai County Public Defender’s Office reported that approximately 77 percent of all FY2011 felony case filings were completed within 180 days of filing (Table 85). A total of 2,245 felony cases were filed by the Public Defender’s Office during this fiscal year. The total number of FY2011 felony case filings decreased from the totals reported in FY2009 and FY2010. The agency acknowledged that variations in the data may exist as a result of the transition to inhouse data collection in FY2010. Table 85: Felony Case Processing Statistics Yavapai County Public Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Excluding Capital Murder, Bench Warrant, Rule 11, and Probation Violation Cases Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 FY2009 FY2010* FY2011 72% 68% 69% 64.08% 61.66% 87% 85% 84% 79.89% 76.68% 2,868 2,647 2,686 2,510 2,245 * Data were provided by the Yavapai County Public Defender’s Office. Previous fiscal years’ data were submitted by the Administrative Office of the Courts. FY2011 Fill the Gap Report 63 Arizona Criminal Justice Commission Table 86: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Yavapai County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 178 186 189 201 42% 40% 47% 43% 65% 63% 68% 63% 3,601 4,635 5,202 3,825 64 Arizona Criminal Justice Commission Yuma County 2010 U.S. Census Population Estimate: Estimated Population Growth 2000-2010: Percent of Arizona Population: County Seat: FY2011 Fill the Gap Report 196,509 22.4% 3.1% Yuma 65 Arizona Criminal Justice Commission Fill the Gap Funding in Yuma County In FY2011, the Yuma County Attorney’s Office received a total of $28,885.00 in Fill the Gap funds. The Yuma County Public Defender’s Office received a total of $20,777.00 in Fill the Gap funds. Funds for the County Attorney’s Office increased 2.5 percent from FY2010 to FY2011, and funds for the Public Defender’s Office increased 30.0 percent. Table 87: Yuma County Fill the Gap Funding FY2010 – FY2011 FY2010 FY2011 Yuma County Attorney’s Office $28,194 $28,885 Yuma County Public Defender’s Office* $15,980 $20,777 Difference 2.5% 30.0% *Increase in funding to the Public Defender’s Office was largely due to fund sweeps in FY2010. Table 88: Yuma County Funding Breakdown FY2011 FY2011 FY2011 General Fund Fine Revenue Yuma County Attorney’s Office $0.00 $28,885.00 Yuma County Public Defender’s Office $0.00 $20,777.00 FY2011 Total Allocated $28,885.00 $20,777.00 Table 89: Yuma County Fill the Gap Funding FY2001 – FY2011 Yuma County Attorney’s Office Yuma County Public Defender’s Office FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 $42,493 $43,498 $43,766 $42,763 $41,230 $45,617 $45,974 $50,715 $44,997 $28,194 $28,885 $40,362 $41,313 $41,564 $40,649 $39,191 $43,360 $43,699 $48,195 $42,761 $15,980 $20,777 Yuma County Attorney’s Office In FY2011, the Yuma County Attorney’s Office directed Fill the Gap funds toward the salary of an investigator position. The additional staff position helps the office maintain its case disclosure requirements and timely case processing. The County Attorney’s Office reported a 70 percent completion rate of FY2011 felony cases filed within 180 days of filing (Table 90). A total of 1,691 felony cases were filed during FY2011. This total is a slight decrease from the number of felony cases filed by the County Attorney’s Office in FY2010. FY2011 Fill the Gap Report 66 Arizona Criminal Justice Commission Table 90: Felony Case Processing Statistics Yuma County Attorney’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: Felony Cases Filed in FY2011 Except Probation Violations, Juvenile Cases, and Extraditions Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2007 FY2008 FY2009 FY2010 FY2011 50% 39% 29% 30% 27% 80% 76% 72% 68% 70% 1,827 1,815 1,838 1,701 1,691 Yuma County Indigent Defense During FY2011, the Yuma County Public Defender’s Office allocated Fill the Gap funds to partially cover the salary of a capital attorney position. The Public Defender’s Office continues to process more serious cases than in prior fiscal years, and this position helps with case processing. The Public Defender’s Office reported that 69 percent of felony case filings from FY2011 were completed within 180 days of filing (Table 91). The agency reported a total of 908 felony cases filed during FY2011, a decrease from the total number of felony cases filed by the office in FY2009 and FY2010. Table 91: Felony Case Processing Statistics Yuma County Public Defender’s Office FY2007-FY2011 Cases Included in FY2011 Statistics: All Felony Cases Percent of Felony Cases Adjudicated within 100 Days of Filing Percent of Felony Cases Adjudicated within 180 Days of Filing Total Felony Cases Filed FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 FY2011 59% 51% 26% 38% 29% 87% 72% 55% 73% 69% 500 693 971 940 908 67 Arizona Criminal Justice Commission Table 92: Felony Case Processing Statistics Arizona Computerized Criminal History (ACCH) System Yuma County FY2007-2010 Cases Included in Analysis: All arrest counts leading to disposed felony charges (excluding firstdegree homicides) during the fiscal year and resulting in guilty verdicts, nolo contendere pleas, pleas to other felony charges, deferred sentencing, deferred prosecution, acquittals, court dismissals, and findings of no responsibility by reason of insanity. Average Number of Days from Arrest (per Count) to Felony Case Adjudication for Finalized Cases in the ACCH Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 100 Days Percent of Adjudicated Felony Cases (by Arrest Count) Finalized within 180 Days Total Number of Arrest Counts Resulting in Felony Case Adjudication in the ACCH FY2011 Fill the Gap Report FY2007 FY2008 FY2009 FY2010 187 238 220 239 29% 23% 16% 14% 63% 62% 53% 49% 2,313 2,599 2,617 3,133 68 Arizona Criminal Justice Commission CONCLUSION AND RECOMMENDATIONS Funding for the FY2011 Fill the Gap Program increased from FY2010 for the majority of recipients, with the exception of a number of prosecuting agencies. Fiscal Year 2011 was the second year when both the general fund allotment was eliminated and a portion of fine revenue was swept. The State Legislature cut the general fund allotment to the Fill the Gap funded agencies starting in FY2010. A total amount of $453,800 in fine revenue was also redirected through fund sweeps and appropriation reductions in FY2011. The prosecuting agencies experienced a change in funding from FY2010 ranging from a decrease of six percent to an increase of eight percent in FY2011. All indigent defense agencies experienced an increase of Fill the Gap Funds ranging from 20 to 37 percent over the same period. These funding changes are directly related to updates to the funding formula and reductions in Fill the Gap fund sweeps in FY2011. At the present, the majority of agencies have yet to meet the requirements set forth by the Arizona Supreme Court. Several agencies are well below the standard of completing 90 percent of felony cases within 100 days and 99 percent of felony cases within 180 days. One agency reported processing 100 percent of its felony cases filed within 180 days in FY2011. Agencies have reported the following events as affecting case processing: reductions in funding and budgets, increased volume of felony and complex cases, failure to coordinate with other agencies involved in the case process, and staffing reductions combined with hiring freezes (Additional reported events effecting case processing can be found in Appendix C). Nonetheless, agencies reported that without Fill the Gap funds, case processing statistics would not be at the level they have reached today. ACCH Data SAC researchers analyzed the Arizona Computerized Criminal History (ACCH) records to provide standardized measures of case processing by county. Because the filing date is not recorded in the ACCH records, the date of arrest was used along with the disposition completion date. The data includes all arrest counts resulting in a felony case disposition (except for first-degree homicide cases) during the fiscal year (FY2007 to FY2010) resulting in a guilty verdict, nolo contendere plea, plea to other charges, deferred sentencing, deferred prosecution, acquittal, court dismissal, or a finding of no responsibility by reason of insanity. All charges resolved in appellate court were excluded from the analysis. Although each charge was given 180 days for disposition completion, the disposition data for several counts (especially in FY2010) may not have had sufficient time to populate the ACCH. The cases with missing disposition data are excluded from the ACCH analysis. Nonetheless, the same data methodology was used across all counties to allow for comparability across counties. The percentage of arrest counts leading to felony dispositions within 180 days of the arrest date fell from 51.1 percent in FY2009 to 50.9 percent in FY2010 across Arizona. Alternately, the percentage of felony charges adjudicated within 100 days increased from 23.7 percent in FY2009 to 24.3 percent in FY2010. A total of 83,307 and 77,242 felony charges were completed in Arizona during FY2009 and FY2010, respectively. At the county level, there was significant variation in ACCH case processing percentages. Multiple agencies showed improvement in case processing times while other agencies showed no change or declines in case processing times. FY2011 Fill the Gap Report 69 Arizona Criminal Justice Commission Reduced funding and attorney caseloads are two plausible explanations for some counties lacking improvement. Recommendations To move forward with improving case processing times and documenting progress made, several recommendations are suggested:  Guidelines should be created detailing appropriate expenditures for Fill the Gap funds. At the present time, there is no guidance as to what Fill the Gap funds should or should not be used for. Present legislation does not adequately outline expenditures that are accepted as being valid uses of Fill the Gap funds to reduce case processing times.  Future funding levels should remain consistent with the levels FY2009 by reinstating the general fund contribution to the Fill reinstatement of general fund appropriations and the elimination of for all county prosecuting and indigent defense agencies will investment in improving case processing. established prior to the Gap fund. The fine revenue sweeps ensure a renewed  Each agency should develop long-term strategic plans to reduce case processing times, including coordination with other agencies using Fill the Gap funds, rather than using funds to fill the immediate needs of each agency.  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. Each agency within the county should make a collaborative effort to standardize definitions and data processing within their respective case management systems.  Counties that have not reported progress in improving case processing times should learn from some of the successes from other counties, such as Early Disposition Courts and DUI/Drug Courts. Coordination among agencies within the county is also advantageous (i.e. Justice Coordinating Councils) in identifying current gaps in case processing as well as resources available across agencies. FY2011 Fill the Gap Report 70 Arizona Criminal Justice Commission APPENDIX A: Arizona Fill the Gap Funding In FY2011, county attorneys’ offices received nothing from general fund appropriations, and $973,600.00 from fine surcharges, for a total of $973,600.00. Table 93: County Attorney Fill the Gap Funding FY2011 General Fund Fine Appropriations Revenue* Apache County Attorney Cochise County Attorney Coconino County Attorney Gila County Attorney Graham County Attorney Greenlee County Attorney La Paz County Attorney Maricopa County Attorney Mohave County Attorney Navajo County Attorney Pima County Attorney Pinal County Attorney Santa Cruz County Attorney Yavapai County Attorney Yuma County Attorney County Attorney Total $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 $0.00 $0.00 $7,986.00 $16,371.00 $18,576.00 $10,130.00 $6,923.00 $1,395.00 $4,263.00 $622,453.00 $28,737.00 $18,256.00 $122,825.00 $40,692.00 $5,853.00 $40,255.00 $28,885.00 $973,600.00 Total Fill the Gap Revenues $7,986.00 $16,371.00 $18,576.00 $10,130.00 $6,923.00 $1,395.00 $4,263.00 $622,453.00 $28,737.00 $18,256.00 $122,825.00 $40,692.00 $5,853.00 $40,255.00 $28,885.00 $973,600.00 In FY2011, indigent defense agencies received nothing from general fund appropriations, and $700,300.00 from fine surcharges, for a total of $700,300.00. Table 94: Indigent Defense Fill the Gap Funding FY2011 Apache County Superior Court Cochise County Public Defender Coconino County Superior Court Gila County Superior Court Graham County Superior Court Greenlee County Superior Court La Paz County Public Defender Maricopa County Public Defender Mohave County Public Defender Navajo County Public Defender Pima County Public Defender Pinal County Public Defender Santa Cruz County Superior Court Yavapai County Public Defender Yuma County Public Defender Indigent Defense Total FY2011 Fill the Gap Report General Fund Appropriations $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 $0.00 $0.00 Fine Revenue* $5,744.00 $11,776.00 $13,362.00 $7,287.00 $4,979.00 $1,003.00 $3,067.00 $447,723.00 $20,671.00 $13,131.00 $88,346.00 $29,269.00 $4,210.00 $28,955.00 $20,777.00 $700,300.00 Total Fill the Gap Revenues $5,744.00 $11,776.00 $13,362.00 $7,287.00 $4,979.00 $1,003.00 $3,067.00 $447,723.00 $20,671.00 $13,131.00 $88,346.00 $29,269.00 $4,210.00 $28,955.00 $20,777.00 $700,300.00 71 Arizona Criminal Justice Commission APPENDIX B: Summary of the Use of Fill the Gap Funds in FY2011 Staff Salary and Contractual Services - Attorney positions funded to reduce the case load of attorneys in charge of felony cases and to improve case processing - Support staff positions assisting attorneys in the tracking, organizing, and prosecution of felony cases - Contract with local attorneys to provide indigent defense services - Attorney and support positions at expedited disposition courts reducing the number of felony cases going to trial at the superior courts - Project manager hired to oversee the process of maintaining a new case management system - Support staff position hired to archive closed files for speedy retrieval and reference - Support staff position funded to manage jail video visitation and IT issues - Contract with a consultant to work with case tracking software. Equipment and Software - Purchase computers, printers, scanners and other equipment for case processing - A scanner to continue the transfer of closed case files from paper to electronic records - Office equipment including a portable projector for training purposes, office furniture, voice recorders, remote camera system for secure entry, and other equipment/supplies - Office supplies including file folders, paper, writing instruments, storage boxes, and copier toner - Office software used to improve daily functions (i.e. Court calendaring software, Microsoft, Microsoft Enterprise, etc.). Specialty Courts - Assist the DUI/Drug Court with funding random drug testing (contractual). Case Management Systems - Upgrade, maintenance, licensing, and/or support of case management software - Leasing computers and printers at the Superior Court to access minute entries and case management systems - Hardware and software purchases toward the case management program. Training and Travel Expenses - Software training for Adobe products Training for staff regarding the new case management system Training and mileage provided to attorneys, management and staff Training on SQL Servers Attorney and staff mileage and vehicle costs Tuition for coursework (i.e. Forensic evidence class, etc.) Attendance at seminars and conferences for educational purposes. FY2011 Fill the Gap Report 72 Arizona Criminal Justice Commission Other Expenditures - Data processing fees (equipment) Access to online case law research services (i.e. LexisNexis) Legal books and subscriptions for case law research in specialized areas Information technology charges paid to support the work of staff Dues for the attorney bar, NLADA membership, and professional associations Laundered clothes for a client Transcription and mailing costs for cases. FY2011 Fill the Gap Report 73 Arizona Criminal Justice Commission APPENDIX C: Reported Events Positively and Negatively Affecting Case Processing Positive Events - Specialty courts (i.e. early disposition courts, regional court centers, etc.) were dedicated to expediting the court process for qualifying felony offenses. - A new county attorney resolved the backlog of cases at the agency in FY2010, and the agency has become more efficient in prosecution and adjudication of cases. - Criminal case filings have declined at multiple agencies, and the agencies attributed improvements in case processing to the reduced case loads. - Support staff (full and part-time) assisted attorneys and full-time staff throughout the case process by preparing data, filings, and statements and performing other office duties. - Fill the Gap funding provides agencies the ability to purchase technology and equipment not attainable otherwise. - One county attorney reviewed outstanding bench warrant cases and dismissed those cases that were beyond the statute of limitations. - One county agency continued to meet with early disposition court participating agencies to discuss ways in making the specialty court more efficient. - One court rarely grants continuances and the moving of trial dates. - A video conferencing system at a public defender’s office provided a mechanism to contact clients without leaving the office. - County stakeholders hold periodic meetings with representatives from the courts, defense, prosecution, and other justice agencies to benefit case processing. - Attorney offices are working closely with law enforcement agencies to improve information technology systems, to increase electronic data sharing, and to encourage coordination for improved case processing. - One agency reported strong cooperation among indigent defense, prosecution, and the court for plea agreements and disposition processing. - One county court had a special case list for older cases requiring additional attention. Prosecution, the court, and defense attorneys focused their attention on these cases. - The agencies within one county improved case processing via the digital record submittal process. - One public defender agency has been doing a good job of retaining experienced attorneys. - Agencies have or will have a new case management system to improve case processing results. - One county attorney brought in a new prosecutor for the DUI/Drug Court, and case processing improved at the same time that cases referred increased. - One public defender is reporting that prosecutors are providing greater latitude within the early disposition process. Negative Events - Cuts to Fill the Gap, federal funding reductions for prosecution programs, and county budget reductions forced agencies to continue providing quality services with less funding, resources, and staff. FY2011 Fill the Gap Report 74 Arizona Criminal Justice Commission Negative Events (Continued) - Improved communications between prosecutors and indigent defense would lead to better case processing times. - County processes and policies impacted the time required to implement change. - Agencies had staff vacancies often due to hiring freezes and high attorney and support staff turnover that negatively impacted prompt case processing. - Increasing caseloads presented problems to attorneys and support staff. - Newly hired attorneys have minimal criminal experience, and experienced attorneys can more efficiently process cases. - Delays, motions and continuances slow the adjudication process at the courts. - Several court decisions, such as Apprendi vs. New Jersey, Ring vs. Arizona, and Blakely vs. Washington, along with Arizona’s Rule 15, played a role in longer case processing times. - Changes in immigration laws increased processing times by heightening penalties and requiring attorneys to obtain knowledge in immigration consequences of criminal proceedings. - Plea agreements that were not drafted in time for the hearings. - One agency reported difficulties in attending various hearings held across two distant locations within the county. - One agency noted that the transport orders and holds from jails and prisons in other counties and jurisdictions slow down case processing. Another agency reported complications with transportation at a newly opened jail facility. - One county’s justice courts are delayed 30 to 90 days from the complaint to the arraignment date, and the courts are failing to provide attorneys with arraignment data in a timely fashion. - One public defender argued that regional court centers are taking on more serious cases, thus limiting the number of cases that can be handled at the center. - One agency reported difficulties resulting from the court’s management of division calendars, lack of coordination among the divisions, and judge turnover. - One indigent defense agency reported that change in policy towards consideration of defendant backgrounds and other factors by the prosecution would improve case processing. The prosecution should also be open to alternative treatments for defendants (i.e. home treatment and halfway houses). - One agency cited conflict checks and overflow statistics as impacting case processing. - One defense agency expressed difficulties when judicial officers re-assign cases or carry a cross-over docket. - One public defender stated that despite a reduction in filings, case processing has become more difficult with the loss of a criminal judge. - One public defender reported that the assignment of out-of-county judges impacts case processing times along with the time during a case that is waived by a defendant. - One agency finds it complicated to have a jail in a remote area. - One county agency did not have the funding to carry out the scanning of records based on the retention guidelines. - One county’s total number of complex cases increased resulting in longer prosecution times and a subsequent backlog of cases. - One agency reported that penalties were excessive for the low level crimes committed and further complicated the timely processing of the cases. FY2011 Fill the Gap Report 75 Arizona Criminal Justice Commission Negative Events (Continued) - A public defense agency cited late dismissals and deferred prosecutions as complications to the case processing. The same agency noted that new charges added to a case that is close to resolution can delay processing as well. - One agency lacked expert witness availability and appropriate storage space. - A public defender office faced an increase in murder cases greatly affecting their workload. - One public defender reported that the AJACS system at the Arizona Superior Court is unable to provide case processing reports for monitoring of progress. - Funding reductions prevented one agency from investing in technological advances, and psychological/scientific methods to aid its clients. - One public defender reported that the policies of the prosecution in limiting their flexibility regarding pleas at the early disposition court complicates the process. FY2011 Fill the Gap Report 76 Arizona Criminal Justice Commission APPENDIX D: 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 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. 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 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. 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. FY2011 Fill the Gap Report 77 Arizona Criminal Justice Commission 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 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. FY2011 Fill the Gap Report 78 Arizona Criminal Justice Commission 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. 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, the presiding justice of the peace and an elected 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, the presiding justice of the peace and an elected 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. FY2011 Fill the Gap Report 79 Arizona Criminal Justice Commission 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. Surcharges; fund deposits A. In addition to any penalty provided by law, a surcharge 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 penalty provided by law, a surcharge 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 penalty provided by law, a surcharge shall be levied through December 31, 2011 in an amount of seven per cent, and beginning January 1, 2012 in an amount of six 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 surcharge 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 surcharge pursuant to subsection H of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned. E. After addition of the surcharge, 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 surcharge, 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 surcharges 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 surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due. FY2011 Fill the Gap Report 80 Arizona Criminal Justice Commission G. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed. H. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A, B, C and D of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, B, C and D of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer. I. The appropriate authorities specified in subsection H of this section shall transmit the forty-seven per cent surcharge prescribed in subsection A of this section and the remittance report as required in subsection H 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. J. The appropriate authorities specified in subsection H of this section shall transmit the seven per cent surcharge prescribed in subsection B of this section and the remittance report as required in subsection H 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. K. The appropriate authorities specified in subsection H of this section shall transmit the surcharge prescribed in subsection C of this section and the remittance report as required in subsection H 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. L. Partial payments of the amount due shall be transmitted as prescribed in subsections H, I, J and K of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge 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. 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 FY2011 Fill the Gap Report 81 Arizona Criminal Justice Commission 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 12102.02. FY2011 Fill the Gap Report 82 Arizona Criminal Justice Commission 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 of this section. 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 12102.03. 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: FY2011 Fill the Gap Report 83 Arizona Criminal Justice Commission 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 12102.02. 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 surcharges 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 surcharges 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. FY2011 Fill the Gap Report 84 Arizona Criminal Justice Commission APPENDIX E: State Aid to County Attorney Expenditures by County Table 95: State Aid to County Attorney Expenditures by County FY2011 Apache $7,701.60 $0.00 $0.00 Case Management Software $0.00 $0.00 $0.00 $7,701.60 Cochise $144,341.60 $0.00 $0.00 $0.00 $0.00 $0.00 $144,341.60 $18,576.00 $0.00 $0.00 $0.00 $0.00 $0.00 $18,576.00 Gila $0.00 $2,110.11 $0.00 $1,454.99 $2,250.00 $0.00 $5,815.10 Graham $0.00 $6,773.73 $0.00 $2,806.80 $0.00 $0.00 $9,580.53 Greenlee $0.00 $0.00 $0.00 $0.00 $0.00 $1,395.00 $1,395.00 $40,611.90 $10,005.36 $25,546.36 $99.00 $0.00 $3,914.45 $80,177.07 Staff Salary Coconino La Paz Maricopa Equipment Purchases Contractual Services Coordination Efforts Other Total Expended $360,087.10 $0.00 $0.00 $0.00 $0.00 $629.00 $360,716.10 Mohave $0.00 $0.00 $0.00 $0.00 $0.00 $28,737.00 $28,737.00 Navajo $0.00 $1,239.20 $3,700.00 $0.00 $0.00 $10,022.48 $14,961.68 Pima $92,179.77 $0.00 $0.00 $0.00 $0.00 $460.00 $92,639.77 Pinal $40,692.00 $0.00 $0.00 $0.00 $0.00 $0.00 $40,692.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $140,839.37 $0.00 $0.00 $0.00 $0.00 $0.00 $140,839.37 Santa Cruz Yavapai Yuma State Total $28,885.00 $0.00 $0.00 $0.00 $0.00 $0.00 $28,885.00 $873,914.34 $20,128.40 $29,246.36 $4,360.79 $2,250.00 $45,157.93 $975,057.82 FY2011 Fill the Gap Report 85 Arizona Criminal Justice Commission APPENDIX F: State Aid to Indigent Defense Expenditures by County Table 96: State Aid to Indigent Defense Expenditures by County FY2011 Apache $0.00 $0.00 $5,842.90 Case Management Software $0.00 $0.00 $0.00 $5,842.90 Cochise $0.00 $1,014.70 $3,037.50 $16,902.17 $0.00 $0.00 $20,954.37 Coconino $0.00 $0.00 $13,362.00 $0.00 $0.00 $0.00 $13,362.00 Gila $0.00 $0.00 $0.00 $1,491.00 $0.00 $0.00 $1,491.00 Graham $0.00 $0.00 $7,006.42 $0.00 $0.00 $0.00 $7,006.42 Greenlee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 La Paz* $0.00 $310.00 $1,000.00 $1,668.00 $0.00 $0.00 $2,978.00 Staff Salary Maricopa Equipment Purchases Contractual Services Coordination Efforts Other Total Expended $823,843.97 $0.00 $0.00 $36,304.00 $0.00 $1,771.08 $861,919.05 $6,187.74 $1,050.63 $3,189.02 $0.00 $0.00 $10,437.02 $20,864.41 $0.00 $0.00 $0.00 $1,525.16 $0.00 $0.00 $1,525.16 Pima $58,208.81 $20,376.52 $0.00 $0.00 $0.00 $0.00 $78,585.33 Pinal $29,269.00 $0.00 $0.00 $0.00 $0.00 $0.00 $29,269.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Yavapai $67,059.27 $0.00 $0.00 $0.00 $0.00 $0.00 $67,059.27 Yuma $20,777.00 $0.00 Mohave Navajo Santa Cruz State Total $1,005,345.79 $22,751.85 * Monetary expenditure totals are approximate. FY2011 Fill the Gap Report $0.00 $0.00 $0.00 $0.00 $20,777.00 $33,437.84 $57,890.33 $ 0.00 $12,208.10 $1,131,633.91 86