HomeMy WebLinkAbout02/06/2024 14.B. Prosecution Division 2023 Year End Report 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 14.B.
For Meeting of: February 6, 2024
ITEM TITLE: Prosecution Division 2023 Year End Report
SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney
SUMMARY EXPLANATION:
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D COY Prosecution Diusion 2023 Year End Report
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Office of the City Attorney
City of Yakima
MEMORANDUM
January 23, 2024
TO: Sara Watkins, City Attorney
FROM: Cynthia Martinez, Senior Assistant City Attorney
SUBJECT: Prosecution Division 2023 Year End Report
Charging Unit and Pre-Filing Diversion Program: The Charging Unit and Pre-Filing Diversion
Program were implemented in May 2013 as a measure to control case filings and control caseload
growth in preparation for the Washington Supreme Court indigent defense caseload limits. These
measures have been very successful in reducing costs to the City.
Attached (Exhibit A) is a breakdown of the case types referred to the prosecutor in 2023. Of the
4,283 cases our office reviewed, 3,131 cases were charged, which is within our 3200-caseload
limit'. 108 individuals were offered the chance to participate in the Pre-Filing Diversion Program
(first time offenders), and to date 61 participants have successfully completed the program. We
are striving to increase the use of the Pre-Filing Diversion Program, when appropriate.
Prosecution Unit: Staffing has remained stable in the Prosecution Unit in 2023. This will be
our third year with the two Unit system: Traffic and Property Crimes Unit and Family and
Community Violence Unit.
Traffic and Property Crimes Unit: The prosecutors carry a higher caseload of 900 cases, per
prosecutor. This unit mainly works with professional witnesses: Loss Prevention Officers,
Department of Licensing, State Toxicologists, BAC Technicians, and YPD Officers. These
numbers do not include car and dog impound hearings and contested infraction hearings also
handled by this unit (approximately 290 cases a year).
Attached are the statistics concerning DUI and theft cases. Attached (Exhibit B). When looking
at the 2023 outcomes please note that there are still a number of 2023 cases pending. You will
200 South Third Street,2nd Fl. I Yakima,WA 98901
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January 26, 2024
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observe an increase in DUI charges (160 more filings over a two-year period). This increase is
to be expected given the creation of the two YPD DUI enforcement officer positions and
increased traffic crime emphasis.
In July, the Prosecution Division began charging possession of controlled substance (drug)
cases, which were formerly felony matters. We handled a total of 59 stand-alone drug cases,
which is more than we anticipated. The State Crime Lab initially indicated they would be able to
analyze the drug evidence within sixty days, but as time goes on, the wait appears to be
increasing. In some cases, we are delaying the filing of charges to wait for test results so as to
avoid speedy trial violations.
The State Toxicologist DUI-blood analyses and Eastern State Hospital out-of-custody mental
health evaluations are taking well over a year to complete. These delays also frustrate our
prosecution efforts.
Family and Community Violence Unit: Prosecutors in this unit handle approximately 650 cases,
per prosecutor. The Family and Community Violence cases involve more victim and witness
work. Fortunately, the two Domestic Violence Victim Advocacy Coordinators manage that
workload. These Coordinators have specialized training to support victims of domestic violence
with the goal of keeping them engaged with the prosecution efforts. This year they each handled
at least 445 cases.
The unit continues to be involved in the DV Coordinated Community Response Team and the
DV Coalition. Attached are the Intimate Partner Domestic Violence (IPDV) numbers, (Exhibit C).
When looking at the 2023 outcomes please note that there are still a number of 2023 cases
pending. I am pleased to see a decrease in the IPDV numbers. Overall, we received less IPDV
referrals in 2023. We declined more cases, but our dismissals are down, which may indicate we
were better at choosing which cases to file. It is too early to draw conclusions for 2023. The
percent of positive outcomes slightly increased in 2022, which coincides with the
implementation of the unit.
Community Diversion Program: The Community Diversion Program was initiated in 2016
with donated grant funds and has been funded by the City Council since that time. The program
is designed to connect low level repeat offenders with services that address the issues that are
leading to crime. The program is voluntary for individuals who want to make a change in their
life. Participants work with Danielle Fish of People for People. She supports participants
through the process of drug/alcohol treatment, housing, relicensing, community service hours
and preparation to return to work. Employees from Triumph, Comprehensive Healthcare,
People for People, Union Gospel Mission, YWCA, and indigent defense service providers meet
twice a month to discuss the progress of the participants. The team is also able to leverage
other existing service providers in the community
If the participant successfully completes the program, the case is dismissed. If they do not
complete, the case is sent back to court for revocation and sentencing. In 2023, the program
served 37 participants.
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January 26, 2024
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Officer Training: The Legal Department conducted officer training in August 2023. The
training topics included:
- Case Law and Statute Update
- Collection of Evidence to Support Domestic Violence Prosecution
- Report Writing Tips
- Civil Litigation Update
Trespass of Sex Offenders from City Pools: In 2011, the City Council initiated a policy
pursuant to RCW 9A.44.193 to trespass of all level 2 and 3 sex offenders living within the City of
Yakima and within a five-mile radius of the city from the City of Yakima operated pools. The list
of sex offenders was updated in early March 2023 and notices of trespass were served on eight
individuals. The statute allows for a broader application and we may be seeking to update this
policy in 2024.
eProsecutor: We continue to work towards the implementation of eProsecutor, the case
management system that will replace our now defunct JustWare system (the program has been
decommissioned by the owner and tech support has ceased). The City and County program
administrators have spent many hours working with the Journal Technology programmers.
Implementation is scheduled for early fall 2024.
' Our filing caseload limit is tied to the number of public defense attorneys the City has
contracted to handle cases. Public defenders are limited by court rule to 400 cases a year. The
City currently contracts with public defense service providers to handle 3200 new cases a year.
Expanding the number of cases filed by the prosecutor, means contracting for more public
defense services.
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