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Home My WebLink About1998-04-01 PACKET 04.K.F2EQUEST OF CITY COUPdCIL AC710N COUNCiL AGEfVDA MEETIPJG ITEM # dATE 4/1(58 PREPARED �Y Administration F2 an Schroeder C7RIG11�,4�i"!NG ClEPAR I f�iEF� i STAFF AUTFiGR .��<�..�.�A�.ffi�.�*.�.....�«<.��tr.a»...«.«��.�� - • Receive information regarding prosecution services update. ..s• �s �1 i ` . -. . .. -r •. ■ � �� `��; ■ ��'� �.:,.. � �.. �. � �.�. ....�' ��...: � .�� ..1 �"...,. � � ADMINISTRATORS COMMEfVT5 (' � ,,_, � � � � � �.j� �� City Administrator -� � � �� % � �� Date ��.tr�><,.��<.&..*�W�.«>..>.«.....�«�..¢�..��.�� COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER I� .�� I� a� ��. �� a. F. Joseph Taylor ATTORNEY AT LA�N 7064 West Poinc Douglas Road • Suite 203 Co�tage Grove, Minnesoca 55016 (612)459-6644 Phone (612) 459-4719 Fax Patry DeRocker Criminal Paralegat Ellen Brand Adminiseraeive Assiseanc MEMORANDUM TO: Mayor Jack Denzer Councilmember Jim Wolcott Councilmember Rod Hale Councilmember Sandy Shiely Councilmember Cheryl Kohls FROM: F. Joseph Taylor DATE: March 23, 1998 RE: Prosecution Services Update Dear Mayor Denzer and Councilmembers: The purpose of this memora�dum is to update the council with respect to the status of prosecution services as we are just past the mid-year point of our contract. I will address financial considerations, our current caseload, fine revenue, 1998 �egislative changes and upcoming issues. Fees First, I have attached my "client summary" as Exhibit "A" setting forth a detailed listing of all expenditures made by the Council per our agreement. As you will note, I have broken down the list of expenditures into three primary categories: prosecution, housing matters and forfeitures. I have further separated each of those categories by hours, fees and costs. The totai fees paid by the City for prosecution services under the first half of our contract is $47,173.00. As you are aware, our agreement contains a cap in which fees shall not exceed the sum of $87,500.00 during the term of our contract. Thus, I am, at the halfway mark, $3,423.00 over what i projected when I submitted my proposal to the Council. I contribute this overage to additional trial work during the first six months as well as a slight increase in caseload. Caseload Second, with respect to our current caseload, i have attached Exhibit "B" which details the case volume by type of hearing dating back to 1986. Each of the categories have increased for 1997 with the exception of Omnibus Hearings. You will aiso note that there has been a significant increase in the number of files handled at arraignment (See Exhibit "C"). By way of background, I started attending arraignments in 1996. Our effort was to close as many files as practical at the DefendanYs �S Court appearance. Closing petty March 23, 1998 MAYOR DENZER AND COUNCILMEMBERS Page 2 misdemeanor and simpie misdemeanor cases at this stage in the process helps alleviate some of the pressure on the over crowded Court system and, serves as a cost-saving measure to the City of Cottage Grove. Specifically, the City saves money when the petty misdemeanor files are resolved at the first appearance as we do not need to schedule and prepare for a Court Triai nor do we incur overtime dollars necessary to pay the O�cer(s) involved in the case to attend the triai. In ciosing simple misdemeanor cases, we save costs in that we avoid the need to scnedule a Pre-trial hearing and/or a subsequent Jury Trial setting. I will continue to attend the Cottage Grove arraignment calendar on Wednesday morning in an effort to resolve and close as many files as I can at that stage in the process. Fine Revenue With respect to revenue received by the City of Cottage Grove, I have attached Exhibit "D" which depicts the revenue received by Cottage Grove for the last eleven years. As you will note from the Exhibit, there was an increase in 1997 of approximately $27,000.00 over 1996. As you may be aware, when a defendant is sentenced by a Court and is required to pay a fine, this fine is divided between the State, County and the municipality where the offense occurred. The $157,234.53 represents the City's share of the total fines imposed on Cottage Grove cases. Additionaliy, when the Court imposes "costs of prosecution" on a defendant, those funds are directly remitted to the City of Cottage Grove. The "prosecution costs" are in addition to the fine revenue set forth in Exhibit "D". As of this writing, 1 am researching those figures. 1998 L.egislation There were numerous statutory changes made during last year's legislative session. The biggest change occurred in Minnesota's DUI law. It is anticipated that these changes wili significantly impact the Courts, the police and prosecutors. For example, the legislature created a new crime based on a defendanYs alcohol concentration level. Prior to January 1, 1998, it was a crime to have an alcohol concentration of 0.10 or more. Effective January 1, 1998, the crime is enhanced if an offender's alcohol concentration level is 0.20 or more. The new legislation also changed the way we handle repeat offenders. Prior to January 1st, we would add the number of DUI convictions on an offender's record. Now, we can count either DUI convictions or "prior license revocations" resulting from an alcohol-related incident in determining how many so-called "priors" an offender has on his record. Another example is the creation of a new offense level to be handled by the municipai prosecutor. That level is now termed "Enhanced Gross Misdemeanor." This new offense level increases the maximum jail from one year to ivro years and extends the probation period from three years to six years. This new legislation also significantiy increased the "mandatory jail" time for all repeat offenders. March 23, 1998 MAYOR DENZER AND COUNCILMEMBERS Page 3 Other exampies of the changes to the DUI law include reducing the number of prior aicohol incidents for both "impoundment" of the offender's license piates and "forfeiting" the offender's motor vehicle. One of the most labor-intensive changes presented to police involves the new "conditional release requirements". These "conditional release requirements" provide that an offender must be brought before a judge and that either "bail" or "conditions of release", such as alcohol monitoring, be estabiished on that offender prior to release. These requirements now apply even on first-time offenders if their test if 0.20 or more. It is now a Iegislative mandate that the Cottage Grove Police Department transport these offenders to the Stiilwater jaii facility for this Judicial Determination of release conditions. This change has and will affect the number of man-hours needed for transports. Describing this new legislation as sweeping and cumbersome, is an understatement. I have put together training materials relative to these changes and provided same to our Officers at Chief Cusick's last departmentai meeting. With any new legislation, I expect numerous issues to be forthcoming as i am currently aware of several cases going up on appeal relative to the "constitutionality" of some of these changes. As of this date, the impact of this new fegislation on prosecution services has primarily been in the area of training and education. I do, however, anticipate that because of the severity of the new pe�alties, we will see an increase in the number of cases that are presented to a jury. I will keep Councii apprised as to how this impacts Cottage Grove prosecution, and should any Cottage Grove cases go up on appeal, I will solicit CounciPs approval prior to representing the City on said appeai. As an aside, the current legisiature is considering lowering Minnesota legal limit from 0.10 to 0.08. It is my opinion that this change will happen this year as a resuit of pressure from the Federal government. Conclusion At this point in time, it is too eariy to make any concrete determinations as to the impact these changes will have on prosecution services. I will continue to monitor this situation and apprise Council according(y. If anyone should have any questions regarding fees, revenue or the new legisiation, piease feel free to give me a call. If you desire a personal appearance before the Council, please advise as 1 would be happy to attend your ne� meeting. Thank you. ce: Chief Dennis Cusick Ryan Schroeder, City Administrator � U W � � � � � � O C7 = W U C� � Q N 0 h d � � U � m O � � � U � N U .. � y � o 0 0 0 o ° o ° o .-� ui �• r: o oi c*�i 0 a � rn � M � � � p d m to n. oo r. I� � � ~ W � ..� p O � O � p (�j i i i i i n1 U M i i i i i m r � N d w ��.. ,i"�� O O O O O O O d� 't c� u�i O N i� � ti � �,�q V' O tL � � � � � � C9 �J t� Q � W � O C�O f> � r �- N SD O S ` M M a� � � N i ' i N y i i i Z i O � U y � o ;;, ° o 0 0 ° o ° o C7T N � i � � � C � � � � � ti � � C � C7 � 0 x �+ ° ° m ° o, o a � t- � th `- � i - p = I I � ` O O O O O O O N h � h e- � h � � � � � � f`�') M � U � � N a�- � O O O p O O O O� "' Oi I� Qi � c'� Q� W a e�- O t�0 � W N `7 CO O�! � � d � � � � � ti � C (J Y. � � � V o O O o O o 0 � 1� r h f7 O> 1� e1' � _ � � 0�7 � O O 1.�f) m 6�- Z 0�7 m � � � � J N Q !� l� P P r �� N � '-�i Q CA O Z � �`- � • � � • � • • • • ° • - • - - � - - - .. . .: : : .. .. . • � ' � '� �� 0 0 N �� I � � � � O O N N O� W � I N � T � � Q O '. � O O � � q O O N � T � V Q) L Q O .... � fl m � � »�.� C (C Q. CO � ��1' �� U N � .0 3 O U � O O L`'�' � O �..��`. 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V�- � Q� -�i ti � Q � - � i � v ,�fl.: Q U��' Q11-2011 PROSECUTION CONTRACT SIIMMARY Year Total Hours Average Hours/Month Total fees for Year 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 859.80 923.30 974.10 1,036.80 1,110.95 1,329.40 1,460.20 1,276.15 1,272.50 1,361.35 1,304.35 x+ 396 599 503 792 560 644 816 741 779 769 734 770 57,167.40 69,247.50 73,053.00 77,757.00 85,868.00 93,022.50 93,331.00 90,777.92 92,938.50 99,401.25 97,909.9? f ir Q11-2011 PROSECUTION CASE LOAD BREAKDOWN Year Arraignments Pre-trials Omnibus �ourt Trials Jurv Trials 1986 1997 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 296 494 Year Com�laints 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 123 245 197 198 116 282 197 255 256 121 184 167 71.65 76.9 81.17 86.4 92.58 93.30 121.68 106.35 106.04 113.45 108.70 rr 14 9 12 18 41 46 31 40 45 35 28 �losed No Prosecutions (cases reviewed but not charged) 81 72 77 63 33 55 22 21 17 22 35 9 52 110 87 ias 129 53 90 114 118 90 31 42 84 159 138 137 107 91 113 108 129 146 95 116 Revocatior. Hearings 30 **Unavailable as I am without billing information from Jack Clinton for the first 6 months of 1997. EXFiI82T "8" FILES HANDLED AT ARRAIGNMENT YEAR 1995 1996 1997 PETTY MISDEMEANORS 175 � 118 � EXHIBIT "C'° TOTAL FILES CLOSED AT ARRAIGIVMENT N/A (Did not atterd Anaignments) 296 G�! COTTAGE GROVE FINE REVENUE Year Tota1 Revenue 1986 1987 1988 1989 1990 1991 1992 1993 1944 1995 1996 1997 E� i �- ; r ' 95,354 121,109 101,559 126,218 131,960 115,061 16 0 , 4'7'7 15'7, 646 139,217 140,310 130,801 157,234 00 00 46 00 00 00 00 00 40 OB 65 53