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Home My WebLink About09/15/2009 13 Budget Amendment in Justice Capital Funds for Criminal Justice Expenditures BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT " Item No. / _ For Meeting of: Sept. 15, 2009 ITEM TITLE: An Ordinance Amending the 2009 Budget in the General and Law and Justice Capital Funds for Criminal Justice Expenditures Supported by Reserves and Grants SUBMITTED BY: Kelly Rosenow, Deputy Police Chief Cindy Epperson, Deputy Director of Accounting & Budgeting CONTACT PERSON/TELEPHONE: Cindy Epperson, 575 -6070 SUMMARY EXPLANATION: In 2009, the City of Yakima has seen an overall reduction in crime rates, but also experienced an escalation in gang violence. In order to respond to gang shootings and homicides, the Yakima Police , Department required additional resources above and beyond regular patrols. Detectives were required to respond after hours to investigate homicides and serious shooting cases. At the height of the situation, an emergency gang emphasis was conducted. Every option to add more patrol units on the streets without overtime was exercised, including cancelling in- service and SWAT training days, altering Pro Active and Gang Unit shifts to have one of these units on each day of the week, assigning part of the detective division to night shifts, and reassigning light duty officers to backfill inside detective duties. Part of the approach of 0 he gang emphasis was to utilize our crime analysis unit to identify days, times, and locations of gang activity in order to pinpoint areas most in need of emphasis patrols. In order for crime analysis to be effective, it is critical to have accurate, up -to -date information. This information is pulled from our Records Management System (RMS). Due to unfilled positions in the Police Services unit, there has been a backlog of approximately 500 cases each day that are not entered into RMS. Overtime was required in order to input the most current reports for analysis. All of these factors have resulted in an increase in overtime expended in the Police Department. Additionally, the City of Yakima contracts with the Yakima County-Department of Corrections and the cities of Wapato, Toppenish and Sunnyside for jail services. Utilization of the lower valley jails is more cost effective than housing at the YCDOC, consequently, they are heavily used. In many cases, this also requires transportation to and from court. This, too, has created an overtime expense in order to safely transport prisoners and ensure employee safety. Continued Resolution _Ordinance X Other (Specify) Schedule I Funding Source: General Fund Reserves, Operating and Capital Grants Approved for Submittal: �� City Manager STAFF RECOMMENDATION: Read Ordinance by title only at the September 15, 2009 Pass Ordinance after second reading at the October 6, 2009 meeting. * meeting. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Agenda Statement - Criminal Justice Appropriation — Continued . • Part of the reduction in overall crime rates is due to the incarceration of known offenders on lesser charges. Although they,may be known to commit more serious crimes, they may only be caught in the commission of a lesser crime. By arresting, prosecuting, and incarcerating them on the lesser crimes, they are not on the street committing the more serious crimes. This, however, has a marked impact on our jail costs.. Additionally, the gang emphasis patrols served to get as many gang members off the streets and into jail as possible, also having a direct impact on jail costs. Although the Department uses all resources available to. minimize incarceration costs, the . number of prisoners housed has resulted in an increase in jail costs. The Department continues to, look for and integrate innovative ways to reduce the jail impacts, such as the Crisis Intervention Team program that diverts mentally ill offenders into treatment programs rather than into the jail system, and having indigent defense available at in- custody arraignments. Note: A contract is being developed with Comprehensive Mental. Health for the Crisis Intervention, and the appropriation for that program will be presented when that-contract goes to Council. , An additional appropriation for Indigent Defense of $40,000. for 2009 is necessary to fund two significant changes authorized by the City Council earlier this year, specifically: 1. Contract for indigent defense conflict counsel services. 2. Provide for representation of indigent defendants at in- custody arraignments. With respect to the contracting of conflict counsel, recent' changes in the Rules. of Professional Conduct (RPC) pertaining to conflict counsel for indigent defendants have created new requirements for each city in . ' Washington State. Historically, the City has relied on the primary contracted indigent defense firm to procure and compensate outside counsel for conflict services. The RPC change precludes the City's primary contractor from procuring or paying for such services. To resolve this, the City Council authorized the City Manager to execute a contract with Gillihan Law Firm to provide conflict" services. The other significant change involves representation indigent defendants at in- custody arraignments. This service was added to the current contract with the City's primary contractor Dixon & Lee Law Firm. The addition of this service, will result in a significant savings in jail cost which will more than offset the additional cost. During the development of the 2009 preliminary budget and the review of 2009 budget trends and estimates, the following items were identified to be included in this appropriation: ➢ 000 - General Fund Total $970,478 o Yakima County Jail Costs $729,000 o Police Overtime -Gang Emphasis Patrols $80,000 o Police Overtime -Other (i.e. Homicide response, Records update) $100,000 o Additional Indigent Defense services . ' $40,000 o Police Training Grant $21,478 Of these appropriations, the Indigent Defense contract is partially funded by an increase in grant revenue of $35,000, and the Training program is 100% funded by a federal grant. Therefore, $914,000 is proposed to be funded by General Fund reserves. . Additionally, there was an Auto Theft grant that was not fully budgeted in the Law and Justice Capital Fund. The 2009 budget only included $40,000 for this grant, when the actual program called for capital outlay of $92,336. Therefore, the balance of $52,336 for both revenue and expenditures is also included in the attached appropriation. • ORDINANCE NO. 2009 AN ORDINANCE amending the 2009 budget for the City of Yakima; and making appropriations in Various Funds for Criminal Justice Expenditures Supported by Reserves and Additional Revenue Received from Grants. WHEREAS, the City of Yakima applied for and received grant funding from various agencies to promote Public Safety through the Criminal Justice System, and WHEREAS, the City of Yakima is committed to addressing criminal activity, including gang violence, in the community, and WHEREAS, at the time of the adoption of the 2009 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, • BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1: Appropriations are hereby made, for expenditure during 2009, from Unappropriated Fund Balances in the various Funds to the various accounts and in the various amounts, and for the various specific purposes, all as specified in the Schedule attached hereto and incorporated herein. Section 2: This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of October, 2009. DAVID EDLER, MAYOR ATTEST: CITY CLERK First Reading: Publication Date: Effective Date: • Cje Crim Justice Approp Ord 09 9/10/2009 Schedule I Fund Account Description Account Number Resources Appropriations 000- General Fund Police Yakima County Jail 000 -031- 119 - 0000 - 52360 -511 $ 729,000.00 Overtime- Patrol 000 - 031 - 113 - 0000 -52120 -120 $ 50,000.00 Overtime - Special Operations 000 -031- 117 - 0000 - 52120 -120 $ 130,000.00 Total Police $ 909,000.00 Indigent Defense Additional Public Defense Grant 000- 000 - 132 - 0000 - 33401 -2PD $ 35,000.00 Professional Services 000- 024 -132- 0000 - 51283 -410 $ 40,000.00 Byrn Training Grant Inter -local Grant - Police 000 - 000 - 117 -BYRN- 33116 -738 $ 21,478.00 Prof Services - Training 000 - 031 - 117 -BYRN- 52140 -410 $ 21,478.00 Total General Fund $ 56,478.00 $ 970,478.00 333 - Law and Justice Capital Fund WATPA Auto Theft Grant WATPA Auto Theft Grant 333 - 333 - 111 - AUTO- 33401 -1 CJ $ 52,336.00 Operating Equipment 333 - 333 - 111 - AUTO - 59421 -642 $ 52,336.00 •