Maricopa County Attorney’s Office Keeping Families Safe ANNUAL REPORT 2020 EXTRAORDINARY PEOPLE EXTRAORDINARY TIMES Maricopa County Attorney’s Office 2020 Annual Report Dear Friends, 2020 was an extraordinary year. It presented challenges never before faced in modern history. However, the residents of Maricopa County can be proud of the work done by the County Attorney’s Office. During times of extreme uncertainty, this office was able to implement important criminal justice reforms while ensuring the safety of this community. Under my leadership, as the first female county attorney, this office created efficiencies and improvements with a focus on transparency, fiscal responsibility, holding criminals accountable, and keeping families safe. The office strengthened its relationship with the community through the creation of community and business advisory boards. We focused on providing information to the public by creating a data dashboard that reported what types of cases were submitted to this office for review and how those cases were handled. A focus on providing public records in a timelier manner led to reduced wait times for documents and a reduction in a backlog of requests. For the first time in the agency’s history, office plea policies were posted online for the public to access. These plea policies outlined a “treatment first” approach to prosecution to ensure that those who want to do better and be better were given the opportunity to do so. The creation of a Felony Diversion Program, rooted in evidence-based treatment that focused on the offender and not the offense, is providing a new path for those facing criminal charges with options to avoid prosecution and seek treatment instead. Financial barriers were removed from diversion programs to ensure the opportunity was available to anyone, regardless of their economic resources. Our civil litigation group rose to the challenges presented in 2020 and provided legal service to county officials facing a myriad of issues. The experience and expertise in areas of election law, public health policy, employee relations, and other challenging issues served the residents of this county well. Throughout this annual report, you will read about the extraordinary people working in this office and I could not be more proud to highlight their work. This office remains committed to ensuring fair and equal justice in this community and dedicated to doing the right things for the right reasons each and every day. Sincerely, Allister Adel Maricopa County Attorney Introduction - Page 2 Maricopa County Attorney’s Office 2020 Annual Report MCAO by the Numbers New in 2020 1st Woman Elected as Maricopa County Attorney Hired 124 Employees 2 Advisory Boards Data Dashboard New Home Detention Program Prosecution Integrity Program New Building Our Work FY 2020-21 Adopted Budget FY 2020-21 Grant Funding Received Issued 4,800 victim compensation payments $112,965,937 $4 million+ $2.3 million 36 Weeks Working From Home IT Configured & Deployed 870 Computers Revised 9 Plea Policies (now online!) Updated Felony Diversion Program 8,267 DPS, FBI & DOJ Weapons Checks Done by Investigations Division Referred 1,744 individuals (May 18, 2020–Dec. 31, 2020) 673,795 Miles Driven by MCAO Fleet 600 Public Records Requests Received 83,900 11,400 7,500 AZ DPS Disposition Reports Processed Case Materials Archived Case Files Destroyed MCAO By The Numbers - Page 3 Maricopa County Attorney’s Office 2020 Annual Report Criminal Group Submittals Trial Decisions Filed 22,239 Total 51,200 Guilty 133 Not Filed 28,961 Total 145 Not Guilty 12 Top 5 Referring Agencies Phoenix DPS Mesa Glendale Tempe Filed Violent Offenses Filed Offenses (Overall) Possession or Use of Dangerous Drugs Possession or Use of Narcotic Drugs Aggravated Assault Possession of Marijuana DUI Most Filed Cases by Community Bureaus East Phoenix/Scottsdale Mesa North Central Phoenix Aggravated Assault Misconduct Involving Weapon Disorderly Conduct Armed Robbery Kidnapping Filed Property Offenses Burglary Criminal Trespass Theft of Means of Transportation Criminal Damage Theft Civil Services Division Top 5 Civil Litigation 66 Election challenges Bond Forfeiture Public Fiduciary Tax disputes Civil Rights Risk Management Human Resources and Behavioral Health: Court ordered evaluations hearings: 427 Court ordered treatment hearings: 4,365 MCAO By The Numbers - Page 4 Maricopa County Attorney’s Office 2020 Annual Report Noteworthy Achievements and Awards Phoenix Magazine Great 48 in 2020 2020 APAAC Lifetime Achievement Award 2020 Top Ten Animal Defender Maricopa County Attorney Allister Adel joined a short list of Valley residents who are “moving the chains, making a difference or otherwise crushing it” in the community. As the first female elected Maricopa County Attorney, Adel exemplifies the award criteria and “demonstrates brilliance and exceptional accomplishment” while in charge of the third largest prosecutorial body in the country, with more than 1,000 employees. 20-year career prosecutor, Peter Spaw, who leads the Asset Recovery Bureau, is very deserving of the 2020 Arizona Prosecuting Attorneys' Advisory Council (APAAC) Lifetime Achievement Award. Peter is well known as an expert in his field and leads by example, often interacting with and training law enforcement partners and handling many of the most difficult cases himself. The Animal Legal Defense Fund recognized top prosecutors, law enforcement officials, lawmakers and others who champion the cause of animal crime victims. Deputy County Attorney Casey Mundell’s commitment to seeking justice in cases involving animal cruelty along with his passion for our four-legged friends, earned him this year's recognition. 2021 – 2022 Truman Young Fellowship FBI Director’s Certificate of Commendation Award MCAO Law Clerk, Jose Sanchez is a Phoenix native and a first generation Mexican American. He was among the first in his family to obtain a bachelor’s degree and is the first in his family to study law. He recently transferred from St. Mary’s University School of Law to the Sandra Day O’Connor College of Law at ASU and is interning with the Maricopa County Attorney’s Office Trial Division. In honor of Truman R. Young, Jr., a former prosecutor, this Fellowship provides a third year law student with the opportunity to work at different prosecuting agencies, while receiving a $10,000 stipend and a tuition scholarship. Maricopa County Attorney’s Office prosecutors Addison Owen and Edward Leiter were honored with the award for their work combating international terrorism. Prosecutors Owen and Leiter prosecuted Mahim Kahn, a convicted state terrorist, of two counts of assault on a corrections employee and three counts of possessing/making contraband. He will serve four years in prison in addition to the eight years he received from an original terrorism case. Noteworthy Achievements and Awards - Page 5 Maricopa County Attorney’s Office 2020 Annual Report 2020 Legal Assistant Lifetime Achievement Award MCAO Paralegal Supervisor Marion Cevette was honored by the Arizona Prosecuting Attorneys’ Advisory Council (APAAC) with a 2020 Legal Assistant Lifetime Achievement Award. Marion enjoyed a distinguished career with the MCAO and made significant contributions to the protection of public safety and the administration of justice. Her many years with the MCAO exemplify the highest standards of dedication and commitment to the profession. 2020 Structural Excellence Award In January 2020, the Maricopa County Attorney’s Office began a massive move into our long anticipated new building at 225 W. Madison. A few months later, that same building won an award from the Structural Engineers Association of Arizona recognizing the impact the newly designed building has on users, visitors and the community. 2020 Arizona Association of Crime Analysts Awards The association recognized analysts across the state who achieved excellence in 2020 and three winners are part of the MCAO Crime Analysis and Research Unit. Intelligence Analyst Alyssa Ginter won the New Analyst of the Year; Analyst Todd Huff won the Analytical Product of the Year and Senior Criminal Intelligence Analyst Ximena Bustamente won the Innovator of the Year Award. Move to New Building At the start of 2020, the Maricopa County Attorney’s Office executed a plan to move nearly 1,000 employees into a new building. This effort was years in the planning and took months to execute. Thanks to the hard work of many behind the scenes, the transition was seamless. The efficiencies created by this move will support a more collaborative environment and reduce redundancies that occurred when MCAO was housed in various commercial buildings throughout Downtown Phoenix. Noteworthy Achievements and Awards - Page 6 Maricopa County Attorney’s Office 2020 Annual Report MCAO Responds to Pandemic In 2020, the Maricopa County Attorney’s Office executed a historic effort in response to the COVID-19 pandemic. As the third largest prosecutorial agency in the country, the duty of the organization to reduce community spread and do its part to protect the safety of the community was at the forefront of the decision-making in the office over the past year. Written in stone across the front of the Maricopa County Superior Courthouse is the statement, “The first duty of society is justice.” And while thousands of people pass under these words every day, few stop to think about how important these words are to our democracy. For most, the idea that the fundamental function of government is to keep everyone safe is only relevant when government services are not readily available. During times of uncertainty, it becomes *new* more important than ever that the criminal justice system protects the community from those who seek to do harm. With the pandemic striking quickly, we swiftly moved to a new way of life. Business as Usual MCAO's IT department rapidly setup our office to continue functioning While not on the front lines fighting the deadly pandemic while keeping our staff and associates safe with the new normal of social in healthcare, county prosecutors were on the front lines distancing. of a criminal justice system facing a crisis not experienced MaricopaCountyAttorney.org/Justice-During-Pandemic in generations. Comprised of the courts, law enforcement, jails and prisons, prosecutors, defense attorneys, and victim advocates; citizens can be confident that the Maricopa County Criminal Justice System operated in a collaborative and responsible manner throughout 2020. Residents can be proud of the work done behind the scenes to respond and react to the constantly changing situation. Within the Maricopa County Attorney’s Office, County Attorney Adel directed staff to address the following priorities: • When charging cases, look at the nature of the crime, the criminal history of an offender, and input from victims; and then balance this information with the need to reduce the number of individuals interacting with the criminal justice system during the pandemic. • Assess and respond appropriately to motions from defense counsel on a case-by-case basis who seek to modify release conditions related to complications from COVID-19. • Ensure sound legal advice to county departments as they face a myriad of legal issues never considered when facing a crisis like this. • Work collaboratively to ensure victims have the ability to attend telephonic court hearings and keep them informed on the status of their case. • Assess the effects of social distancing expectations on diversion programs and those who seek treatment for substance abuse and/or behavioral health issues. During times of public uncertainty, it is more important than ever the criminal justice system operates efficiently and fairly. The totality of the pandemic was challenging in ways we never could have imagined; however, this office did not abandon its duty to protect the community during the unprecedented public health crisis. Response to COVID-19 - Page 7 Maricopa County Attorney’s Office 2020 Annual Report Keeping Families Safe Outreach Highlights The Maricopa County Attorney’s Office is committed to helping keep families and communities safe beyond the courtroom. The Keeping Families Safe outreach is a priority of our office to help educate residents of Maricopa County on the issues that affect families the most. Topics Keeping Families Safe DUI Vehicular Heatstroke Families with Children under 18 Adults 21+ Substance Abuse Domestic Violence Families with Children Ages 0-3 Alcohol Consumers Women Ages 18-24 Reach 11,396,954 12,802 830 Total Impressions Webpage Visits Daily Web Visitors Mediums Radio TV Social Media 7,833,100+ 2,700 Spots 400+ Estimated Delivery to Adults 18+ Across Cox Media Networks Total Posts 200,100+ 35+ Crime Prevention Presentations Topics Include: Scams, Fraud and Identity Theft Reach Across All Platforms 4,805 Followers | 1,111 New Followers 14,084 Profile Visits 549,700 Impressions 991 Followers Keeping Families Safe Campaign Highlights - Page 8 Maricopa County Attorney’s Office 2020 Annual Report National Human Trafficking Awareness and Prevention Month In January, County Attorney Allister Adel hosted a special event using red sand to bring awareness to the vulnerabilities that can lead to human trafficking and exploitation. MaricopaCountyAttorney.org/Red-Sand Keeping Families Safe Campaign Highlights - Page 9 Maricopa County Attorney’s Office 2020 Annual Report Top News Stories MCAO Newsroom Stats 90 35 12 4,948 Safety Articles News Releases Newsletters Subscribers 2020 Snapshot: Crime Across the Valley This year the MCAO launched the “Keeping Families Safe” campaign to help educate residents of ways they can help prevent crime. Creating safety habits can make a real difference in protecting yourself, your property, and preventing crime. To prepare for next year, we want to provide a quick look at the crime trends that took place across the valley in 2020. Help Prevent Substance Abuse: Dispose of Unused Prescription Drugs Almost half of all Americans take at least one prescription drug, making leftover and expired medication a serious threat in many homes. The unauthorized use of prescription drugs is the most common form of drug abuse in America. Remove the risk in your home today and prevent a tragedy tomorrow. Felony vs. Misdemeanor: What’s the Difference? Understanding the criminal justice system can be difficult. From complicated language to confusing processes and various key players, it’s not something that is easily understood. MCAO has a very important job in keeping communities safe and while many don’t plan to ever be involved with the criminal justice system, it’s necessary to be prepared and take time to understand how it works. Don’t Drag this New Year into the Next: Avoid a DUI The best way to start this new year is to get home safe and sound. According to Mothers Against Drunk Driving (MADD), drunk drivers cause 40% of traffic fatalities between Christmas and New Year’s. There is no excuse for risking your life and that of others on the road by driving under the influence of alcohol or drugs. Choose to stay safe this new year and give yourself a good start to the next. COVID-19 Contact Tracing Scams To help slow the spread of COVID-19, state health departments are “tracing” people who were in contact with someone who tested positive for COVID-19. Unfortunately, due to its complexity, contact tracing has become the new target for those looking to take advantage and make a profit. Text messages, emails, and phone calls with alarming language, links, and requests for personal data are sent by scammers claiming to be contact tracers. Prevent yourself from being scammed by paying attention to the warning signs and reporting any suspicious request to your local law enforcement. Top New Stories - Page 10 Maricopa County Attorney’s Office 2020 Annual Report Organizational Chart Allister Adel County Attorney Finance Manager Accounting Grants & Contracts Data-Litigation Support Manager Statistical Reporting Evidence Technicians IT Director Candice Copple Chief of Staff Travel & Procurement Translation & Interpretation Support Center Systems & Network Admins Project Management & Solutions Architects Litigation Graphics General Services Manager Facilities Couriers Legal Services Manager Intake DT & SEF Reception Communications Director Community Affairs Communications & Public Information HR Manager Payroll Recruitment Onboarding Sr. Projects Manager Public Records Initial Discovery Records Legislative Liaison Ken Vick Chief Deputy Victim Services Division Victim Information Community Based East Community Based West Civil Services Division Behavioral Health/HR Government Advice Trial Division East Phoenix/Scottsdale Grand Jury Mesa North Central Phoenix Phoenix Central/South Mountain Southeast Valley Southwest Valley West Central Phoenix/Peoria Appeals/Probation Violation Asset Recovery JC East JC West Training and Post Conviction Division Field Response Property and Financial Crimes Special Victims Litigation West Valley Training Juvenile Crimes Division West Bureau A West Bureau B East Bureau A Special Prosecution 1 Division Capital Litigation Homicide Gangs First Responder Special Prosecution 2 Division Drug Enforcement White Collar/Cyber Crime Sex Crimes East Sex Crimes West Director of Investigations Public Safety Liaisons Executive Protection Detail Investigations Crime Analysis & Research Director of Diversion Strategies Survivor Advocacy and Support Victim Compensation Child Advocacy Vehicular Family Violence East Family Violence West Check Enforcement Diversion Programs Special Assistant Prosecution Integrity Judicial Liaison Top New Stories - Page 11 Maricopa County Attorney’s Office 2020 Annual Report Top 10 Major Accomplishments Launch of Felony Diversion Program The creation of a new Felony Diversion Program now allows prosecutors to respond more effectively to the needs of adult offenders, by using research-based programming to address specific individual criminogenic needs. Diverting these offenders reduces their contact with the criminal justice system, increases connections to appropriate community-based systems of care, and holds the individual accountable for criminal conduct. An education and treatment program for individuals suspected or charged with crimes involving specific felony offenses, including the possession of controlled substances, and other non-violent offenses that meet eligibility criteria, the new program combined what was formerly known as the Drug Diversion Program and Felony Pre-Trial Intervention Program (FPIP.) If applicable to a case, restitution must be paid in full to earn a successful completion. For offenders who successfully complete the Felony Diversion Program, the County Attorney’s Office dismisses the charges with prejudice. If unsuccessful, the office reinstates prosecution. Creation of Home Detention Program For the first time in Maricopa County Justice Courts, when someone is convicted of misdemeanor DUI, home detention became a sentencing option for a portion of the offender’s mandatory jail sentence. Efforts by County Attorney Allister Adel led to the implementation of this program in 2020. Home detention reduces and helps avoid collateral consequences associated with incarceration, such as disruption in employment, schooling, and family stability. A home detention program allows a DUI defendant, following an initial mandatory period in custody, to serve the remainder of the sentence on home detention. The sentence involves either GPS monitoring and a breathalyzer, or continuous alcohol monitoring. The team worked closely with the Maricopa County Justice Courts to develop the program and the Maricopa County Board of Supervisors, utilizing the authority granted to them in A.R.S. § 11-251.15, authorized the creation of the program. The home detention program is fully funded by offender fees, and vendors use a sliding scale based on the offender’s ability to pay to determine the fees for each defendant. County Attorney Calls for Body-Worn Camera Mandate County Attorney Allister Adel called for a mandated use of body-worn cameras for all uniformed officers in the field throughout the state. Adel addressed the state legislature and Governor publicly on the issue with the belief that the matter was of public concern. While she acknowledged challenges with the cost associated with deploying body -worn cameras widely, Adel stated that when trying to determine what happens after an interaction with law enforcement, it is better for prosecutors, better for the public, and better for anyone who is committed to keeping our community safe to have access to information like body-worn camera footage. Given the importance of events where life and death decisions are made, having additional information for those who must sit in judgment of someone’s actions, body-worn cameras are good public policy. Creation of a Public-Facing Data Dashboard The Maricopa County Attorney’s Office created and launched a new data dashboard on its public-facing website. The public facing dashboard is the first time the office has published data of this nature for review and consumption by the public. Information contained in the dashboard includes cases referred to MCAO by law enforcement, how the cases were disposed or handled, types of offenses, race and gender of offenders as submitted by law enforcement, referring agencies and precincts (when available), and other data related to gang involvement. The launch of the dashboard contained information about cases for calendar years 2017, 2018, and 2019, and continues to be updated regularly. This dashboard supports the County Attorney’s vision for a more transparent process, and the importance of data-driven decision making. Top 10 Major Accomplishments - Page 12 Maricopa County Attorney’s Office 2020 Annual Report Transparency and Efficiency with Public Records Holding Criminals Accountable and Protecting the Rights of Victims One of the first priorities of County Attorney Adel was to address a backlog of public records requests with the office. After a review of process in late 2019, the team streamlined the system and additional resources were provided to ensure the office was not only responsive to requests, but that it was able to dramatically reduce the amount of time it took to provide publicly available documents. Most public records requests filed with the office are now provided in days and weeks, rather than months, and efficiencies continue to improve the process. The improvements utilized technology and personnel to prioritize requests and ensure timely release of information. Protecting the rights of victims and holding criminals accountable, while being just and reasonable, is the first duty of this office. 2020 presented numerous challenges to executing this duty, however, the County Attorney’s Office collaborated with its partners in the criminal justice system to ensure justice was not delayed. Everyone in the office worked creatively and diligently to ensure trials were executed seamlessly and efficiently. Victim advocates ensured that victims continued to have a voice in proceedings when court matters were moved online because of the pandemic. Grand juries and jury trials were suspended at various times during the pandemic however, solutions were implemented to ensure the most dangerous in our community were held accountable. Plea Policy Revisions With 90% of criminal charges ending in plea agreements, the Maricopa County Attorney’s Office revised the office’s plea policies in 2020 to guide prosecutors on how to handle cases. For the first time in the history of the county attorney’s office, also posted the new policies online for public review. The policies provide line prosecutors with more discretion to do the right thing for the right reasons in their cases without the need to seek approval for every decision. The revised plea policies ensure that plea offers are not based on a standard application of a series of rules, or any type of “mathematical” formula. It requires prosecutors look at each case independently with the understanding that defendants are individuals with unique backgrounds and circumstances, who committed specific acts that had specific impacts on individuals in our community. Reorganization of the Maricopa County Attorney’s Office In 2020, the Maricopa County Attorney’s Office undertook an organization-wide restructuring. Efficiency improvements and ensuring those working in the office had the resources they needed to perform their job duties were the primary drivers for the action. There were several considerations for the restructuring, and they included the following goals: create a clear training path for new lawyers that gives them the opportunity to learn the basics of felony prosecution including sentencing, plea writing, and negotiation before assuming a trial caseload; shift charging responsibilities from new lawyers to more seasoned staff; consolidate resources by reducing the number of divisions and bureaus. In addition to the organizational changes, there were also leadership changes that brought new perspectives to the culture and management of the office. Assisting County Government with legal decisions The Civil Services Division of the Maricopa County Attorney’s Office serves as the lawyer for County government. In addition to providing legal representation and advice to elected officials and County agencies, the Civil Services Division handles tax appeals by County taxpayers, environmental enforcement cases, public records requests and defends legal actions, lawsuits and claims brought against the County. In 2020, the office handled many high profiles legal challenges involving, election law, response to the pandemic, teleworking, and a myriad of other unique issues. Creation of a Prosecution Integrity Unit With the creation of a Prosecution Integrity Unit, the agency saw an organizational change that created a centralized place to handle claims of actual innocence, potential inappropriate police conduct including excessive use of force, and other claims of prosecutorial unfairness in handling cases. While these types of matters had been regularly addressed by individual prosecutors and supervisors, the unit will be able to more effectively address these issues by centralizing the process. Additionally, this new unit gives MCAO the ability to have someone outside the direct supervision of any case work to take a fresh look at the decisions made by the prosecutors and supervisors when issues this important are raised. Top 10 Major Accomplishments - Page 13 Maricopa County Attorney’s Office Keeping Families Safe ANNUAL REPORT 2020 EXTRAORDINARY PEOPLE EXTRAORDINARY TIMES