To: Sonoma County Board of Supervisors
Department or Agency Name(s): District Attorney
Staff Name and Phone Number: Shane Lewis 565-3150
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
Board of State and Community Corrections Organized Retail Theft Vertical Prosecution Program
End
Recommended Action:
Recommended action
A) Authorize the District Attorney to enter into an agreement with California Board of State and Community Corrections for the Organized Retail Theft Vertical Prosecution Grant.
B) Adopt a resolution authorizing the District Attorney to execute a contract with the Board of State and Community Corrections to accept the award in the amount of $2,050,000 for the term October 1, 2023, to June 1, 2027.
C) Adopt a resolution adding a 1.0 FTE time-limited Deputy District Attorney III, and a 1.0 FTE time-limited District Attorney Investigator II position to the department allocation table through December 31, 2026, effective October 24, 2023.
D) Adopt a resolution authorizing adjustment to the Fiscal Year 2023/2024 Adopted Budget necessary to appropriate these grant funds totaling $349,158.
(4/5th Vote Required)
end
Executive Summary:
Board approval and authorization is requested to allow the District Attorney to enter into an agreement to participate in the Organized Retail Theft Vertical Prosecution Program funded by the Board of State and Community Corrections. Total award amount is $2,050,000 and the term of the grant is from October 1, 2023, to June 1, 2027; however, all grant funds must be expended by December 31, 2026, and final reporting must be complete by June 1, 2027.
The objective of the Organized Retail Theft Vertical Prosecution Program is to create a vertical prosecution team consisting of one Deputy District Attorney and one District Attorney Investigator that will handle all organized retail theft cases throughout the criminal justice process. Vertical prosecution has been demonstrated to improve conviction rates and provide more consistent and appropriate sentencing.
Discussion:
In 2021, the National Retail Federation found that retailers saw a 26.5% increase in organized retail crime incidents from the prior year. Locally, incidents of organized retail theft in Sonoma County have cost businesses between $1,000 to $30,000 of stolen merchandise. The costs of retail theft are felt by employees, who fear for their safety on the job, and consumers, who face price inflation. Main streets, malls, and shopping centers are part of the fabric of any community. The District Attorney’s Office is committed to addressing organized retail theft in these spaces to create a safer community for Sonoma County residents. Based on community interest in addressing retail theft, the District Attorney’s Office assessed the nature of need in Sonoma County. Sonoma County is home to a large volume of theft cases in general and since 2021 the District Attorney has filed 13 organized retail theft cases. However, investigations and prosecutions of organized retail theft cases are extremely labor intensive.
In response to the increase in retail theft crimes, California State Assembly Bill 178 established the Organized Retail Theft Vertical Prosecution Grant Program which provides funding to district attorneys to address this increase in crime by implementing a vertical prosecution model. The District Attorney’s Office applied to participate in this program in July 2023 and the award was granted on September 14, 2023. With these funds, the District Attorney will establish the Organized Retail Theft Vertical Prosecution Unit, a specialized unit addressing organized retail theft cases. The Sonoma County Organized Retail Theft Vertical Prosecution Unit will set out to achieve the following goals: 1) Develop infrastructure necessary to successfully establish, implement, and track the grant program; 2) Increase public safety in retail spaces; 3) Strengthen prosecutions of organized retail theft; and 4) Reduce recidivism among individuals charged with organized retail theft in Sonoma County.
The project will utilize new legislation that allows prosecutors to charge a felony rather than a misdemeanor in certain circumstances, which will help hold offenders accountable for the aggregate value of the merchandise stolen at multiple locations on multiple dates. Prior to this new legislation, theft of less than $950 worth of goods could only be prosecuted as a misdemeanor, making it a low-risk crime with negligible consequences. The partnerships created with law enforcement and retailers through this program will encourage the sharing of information and reporting of incidents of theft in order to identify repeat offenders who can be held accountable to a greater degree under this new legislation.
Vertical prosecution is the better option for justice because it is more efficient than horizontal prosecution and meaningfully involves the victim, however it can be more expensive. Because vertical prosecution is shown to improve conviction rates, reduce victim trauma, and provide more consistent, appropriate sentencing, the Sonoma County District Attorney’s Office has utilized grant funds to establish and maintain vertical units to prosecute sexual assault and domestic violence crimes against women, and Driving Under the Influence (DUI) crimes in the county. Since establishing these units, the District Attorney’s Office has seen improved victim participation, particularly in violent crimes against women who can be fearful about participating in prosecution, leading to more successful prosecutions. Victim participation also provides the opportunity for better understanding of the legal process and increases victim satisfaction with outcomes. Attorneys and investigators assigned to vertical prosecution units develop expertise in the subject matter through project-oriented training and experience and provide advice and mentorship in their area of expertise. The implementation of a vertical prosecution program for retail theft cases will create an expert Deputy District Attorney (DDA)/District Attorney Investigator (DAI) team for retail theft crimes and create more uniform, equitable results in court.
The assigned DDA and DAI will also work with local law enforcement, including the California Highway Patrol Organized Retail Theft Task Force, to identify organized retail theft rings and the distributors who drive the black market for stolen goods. The District Attorney’s Office has existing Memorandums of Understanding with County and City law enforcement agencies that will be leveraged for the proposed project, ensuring that partners share information as it relates to cases. The Vertical Prosecution Team will outreach to law enforcement and retailer association partners to work together on addressing organized retail theft crimes.
Data for this project will be continuously collected and reported to agency partners and to the Bureau of State and Community Corrections on a quarterly basis. Metrics to be reported will include number of cases referred by law enforcement, number of cases filed, case outcomes, and sentences imposed. The District Attorney will partner with local diversion and restorative justice programs to utilize alternatives to incarceration and reduce recidivism.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
N/A
Fiscal Summary
|
Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
|
Budgeted Expenses |
|
$667,994 |
694,501 |
|
Additional Appropriation Requested |
$349,158 |
|
|
|
Total Expenditures |
$349,158 |
$667,994 |
$694,501 |
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
$349,158 |
$667,994 |
$694,501 |
|
Fees/Other |
|
|
|
|
Use of Fund Balance |
|
|
|
|
Contingencies |
|
|
|
|
Total Sources |
$349,158 |
$667,994 |
$694,501 |
Narrative Explanation of Fiscal Impacts:
Grant funds will be distributed throughout the grant term which begins in FY23/24 and ends mid-year in FY26/27. Additional appropriations are requested for FY23/24 in the amount of $349,158 to cover prorated position costs for a partial fiscal year. Grant revenues and program expenditures for FY24/25, FY25/26, and FY26/27 will be included as a part of budget development in future years.
|
Staffing Impacts: |
|
|
|
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
Deputy District Attorney III |
$13,114.07 - $15,940.38 |
1.0 |
0 |
|
District Attorney Investigator II |
$9,997.30 - $12,152.26 |
1.0 |
0 |
Narrative Explanation of Staffing Impacts (If Required):
The addition of two time-limited positions, 1.0 FTE Deputy District Attorney III and 1.0 FTE District Attorney Investigator II, will be fully funded by the project and will prosecute and investigate retail theft crimes in Sonoma County.
Attachments:
Resolution A: Grant Acceptance
Resolution B: Position Allocation
Resolution C: Budget Adjustment
Board of State and Community Corrections Award Document
Related Items “On File” with the Clerk of the Board:
N/A