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HomeMy WebLinkAboutFelony Prosecutor Project Toward Safety&Justice 111:Seattle-King County Response to Domestic Violence MEMORANDUM OF UNDERSTANDING Coordination through Co-location of a Felonry Prosecutor Project The City of Seattle TIuman Services Department,Domestic Violence and Sexual Assault Prevention Unit enters into a Memorandum of Understanding("MOU") as a collaborative partner with the following agencies: King County Prosecuting Attorney's Office, City of Algona, Auburn City Attorney's Office, City of Burien, City of Des Moines, Federal Way City Attorney's Office, City of North Bend, Renton City Attorney's Office,City of Tukwila, and the SeaTac City Attorney's Office. The above mentioned partner agencies have come together to collaborate and complete an application for the fiscal Year 2013 Office of Violence Against Women Grant to Encourage Arrest Policies and Enforcement of Protection Orders Program ("Arrest Program"). The agencies.have agreed to enter.into a collaborative agreement in which the City of Seattle Human Services Department is the lead agency and.named,applicant and the other agencies will be partners in this application. These agencies desire to enter into a Memorandum of Understanding setting forth the services to be provided by the collaborative. The application prepared and approved by the collaborative is to be submitted to the Office on Violence Against Women("OVW")on or before March 25, 2013. I. Description of Partner Agencies The'City of Seattle, Human Services Department, Domestic Violence & Sexual Assault Prevention Unit works across all City departments to coordinate Seattle's response to domestic violence, and is the Arrest Program applicant. The City of Seattle Human Services Department DVSAP is a lead agency on regional efforts to address victim safety and offender accountability, improve coordination across systems, and support community-based agencies as service providers. King County Prosecuting Attorney's Office, Domestic Violence Unit, established in 2000, prosecutes misdemeanor domestic violence cases in unincorporated King County and all felony domestic violence cases in the county as well as coordinates the county's protection orders for domestic violence.victims. The DV Unit also staffs a regional domestic violence task force, the Domestic Violence Initiative, led by the elected King County Prosecutor and head of the King County Coalition Against Domestic Violence to find practical solutions to improve domestic violence response. The City of Algona contracts with the Walls Law Firm, PLLC to provide prosecution of misdemeanor domestic violence cases. The City of Algona coordinates with King County and other agencies with regards to repeat offenders. The prosecutor's office works with the police Seattle-King County 2013 Arrest Program Application Memorandum of Understanding/ I Toward Safety&.Justice III:Seattle-King County Response to Domestic Violence department in identifying repeat offenders, assisting,with outstanding warrants and witness notification. Auburn City Attorney's Office prosecutes misdemeanor domestic violence cases in the City of Auburn, and coordinates with King County and other agencies with regard to repeat offenders. Together with the City,of Auburn Police Department's Victim Support Team,the Auburn City Attorney's Office works to enhance the domestic violence services available to victims. "Through this program, team members help domestic violence victims develop personal safety plans, refer victims to other resource networks, and help victims obtain protective orders. The City of Auburn also has a Domestic Violence Task Force that meets monthly. The City of Burien contracts with a private law firm to provide prosecution services including the prosecution of all misdemeanor domestic violence cases,and coordinates with King County and other ageneie's,regarding crossover cases. The City of Burien has a large Hispanic population and provides bi-lingual domestic violence advocacy services through a City-funded victim assistant. The prosecutor and the domestic violence victim assistant work closely to enhance communication with victims and keep them-informed about case status. The victim assistant also assists victims by providing a safety plan, referrals to other agency resources, and information concerning protection orders. The City of Des.Moines prosecutes misdemeanor domestic violence cases and coordinates with King County and other agencies with xegards to repeat offenders. The prosecutor's office works with the police department in idenlifying.repeat offenders, assisting with outstanding warrants and witness notification. The City of Des Moines Police Department uses specialized DV follow up investigators. They also engage in annual recurrent training for patrol.officers, and engage in regular domestic violence warrant sweeps. Federal Way City Attorney's Office has a history of working on domestic violence issues. In 1989 the City became involved with the Domestic Violence Community Coordinated Response Team ("CCR") for the South King County area. The CCR established domestic violence advocates/liaisons within the legal department in 1998. A full-time prosecutor dedicated strictly to domestic violence was authorized in 2006. Additionally, the City Council enacted a sentencing enhancement for strangulation during the commission of domestic violence crime, which has subsequently been adopted by the State. The City Council also enhanced sentencing for committing domestic violence in the presence of children. The City of North Bend contracts with the Walls Law Firm, PLLC to provide prosecution of misdemeanor domestic violence cases. Police services are contracted to the King County Sheriff's Office. The City of North Bend coordinates with King County and other agencies with regards to repeat offenders and those cases of multiple jurisdiction. The City of North Bend employs a Domestic Violence Victim Advocate to assist the victim during the criminal justice process,and provide referrals to appropriate community based agencies. Kenton City Attorney's Office prosecutes misdemeanor domestic violence cases and coordinates with.King County and other agencies with regards to repeat offenders. The prosecutor's office wofks with the police department in identifying repeat offenders, assisting with outstanding Seattle-King County 2013 Arrest Program Application Metnorandum of Understanding/2 Toward Safety&Justice III: Seattle-King County Response to Domestic Violence warrants and witness notification. The City of Renton Police Department's Domestic Violence Victim Advocate assists in helping domestic violence victims develop a personal safety plan, refers to community based domestic violence programs and other resources, assists with protective orders, and assists the victim during the court process. The City of Renton has a Domestic Violence Task Force. The deputy prosecutors attend the Domestic Violence Task Force meetings and attend briefings on the topic of domestic violence. The City of Tukwila prosecutes misdemeanor domestic violence cases and coordinates with King County and,other agencies with regards to repeat offenders. The prosecutor's office,works with the police department in identifying repeat offenders, assisting with outstanding warrants and wittress notification. The City ofTukwila'Police Department's Domestic Violence Victim Advocate assists in helping domestic violence victims develop a personal safety plan,refers to community based domestic violence programs and other resources, assists with protective orders, and assists the victim during the court process. SeaTac City Attorney's Office prosecutes misdemeanor domestic violence cases and coordinates with King County and other agencies with regards to repeat offenders. The prosecutor's office works with the police department in identifying repeat offenders, assisting with outstanding warrants and witness notification. The City of SeaTac contracts with the King County Sheriff's Office to provide police services. The City of SeaTac employs a Domestic Violence Advocate and the City Attorney coordinates with the Domestic Violence victim advocate to successfully prosecute domestic violence cases with the goal of victim safety. II. Project Summary This Memorandum of Understanding represents a collaboration to strengthen and enhance safety for victims of domestic violence by coordinating domestic violence prosecutions in King County through vigorous case development, information sharing, plea negotiations, and case .. prosecution. A deputy prosecuting attorney from the Domestic Violence'Unit'of the King County Prosecutor's Office conducts.case reviews of misdemeanor filings to review for potential felony filing and assists in the coordination of those cases which are being prosecuted in more than one court. This is a continuation of a protect currently funded`through a FY2011 OVW Arrest Program grant awarded to the City of Seattle. The existing project has been so successful that five additional smaller jurisdictions have requested to become partner agencies under the FY2013 application. 11[1[. History of Collaboration For more than 10 years, the City of Seattle, Human Services Department, Domestic Violence and Sexual Assault Prevention Unit has.been working collaboratively with the King County Prosecuting Attorney's,Office. Likewise, the King County Prosecuting Attorney's Office has partnered with the cities of Algona, Auburn, Burien, Des Moines, Federal Way, North Bend, Renton,Tukwila and SeaTac. These agencies also have extensive histories of working together as well on a variety of projects related to domestic violence and other crimes in King County. Seattle-King County 2013 Arrest Program Application Memorandum of Understanding 13 Toward Safety&Justice 111: Seattle-King County Response to Domestic Violence The King County Prosecuting Attorney's Office coordinates a county-wide.Domestic Violence Initiative. The goal of the Domestic Violence Initiative Regional Task Force (DVI) is to deliver practical improvements to the region's legal and "systems-response" to domestic violence. The DVI is informed by a regional discussion about priorities for domestic violence. All project partner agencies are members in the DVI. Since the formation of DVI in October of 2009,there have been several successful projects. For example,the DV I brought together all participants in King County's Protection Order system to Find ways to improve efficiency and involvement of all parties, from courts to petitioner to law enforcement and data operators. The result was a checklist project which has improved all aspects of the protection order system, and become a state wide model for how to respond to difficulties in the critical protection order process. The City of Auburn collaborates with King County on a number of initiatives. First,City of Auburn representatives work with the King County Prosecuting Attorney's Office on training for prosecution and law enforcement county-wide. These trainings,promote understanding of county and municipal policies and protocols regarding.domestic violence cases. An example of this was in 2006 when the City of Auburn presented with King County at a conference on "Networking and Information-Sharing on DV cases in King County." The City of Auburn also collaborates with King County on the implementation of STOP Grant activities. A representative from the City of Auburn sits on the VAWA STOP Grant Prosecution Advisory Board,which determines county-wide STOP Grant activities related to the education of prosecutors, victim assistants and the community about domestic violence. The City of Burien coordinates with King County criminal justice agencies with regard to domestic violence cases. Burien has spent the last few years increasing their collaboration with the King County Prosecuting Attorney's Office due to the significant increase in domestic violence cases following the annexation of a region north of the city. The City of Federal Way works collaboratively with King County Prosecuting Attorney's Office. This collaboration began in 2005 and included cross training between the two jurisdictions on the issue of strangulation, passage of an assault by strangulation municipal code, and coordinated efforts to raise awareness of the issue of strangulation. The City of Federal Way was a key partner with King County on the creation and passage of the felony assault by strangulation statute in Washington. The City of Federal Way has also collaborated with King County in multiple trainings to promote understanding of each agencies policies and protocols on domestic violence. The City of Renton similarly has a long history of collaborating with King County Prosecuting Attorney's Office. Specifically, the City of Renton collaborates with King County on implementation of STOP Grant activities. Two representatives from Renton are members on the VAWA STOP Grant advisory hoard. One of the main initiatives of this advisory board.has been the creation of county-wide standardized reporting forms for domestic violence cases. In addition to numerous-in-kind contributions each year for STOP Grant activities,the City of Renton has ,paid for the Spanish translation of the Domestic Violence information and Resource Guide, which is currently used by 17 police agencies in King County. Senttle-King County 2013 Arrest Program Application Memorandum or Understanding/4 "Toward Safety&Justice 111• Seattle-King County Response to Domestic Violence The City of Tukwila engages in multiple collaborations related to domestic violence. From 2007 to 2011 they engaged in a DV and Children Project, which was a collaboration between Tukwila police and key community stakeholders. The City of Tukwila also operated a DV task force from 1991-2009 and now participates and provides board leadership for the South King County Community Network. As partners with community service providers; the City leads and participates in a Stop DV Walkathon and provides funding to local community based DV agencies through city funds. Thetity of SeaTac police department and prosecutor's office participate in regional domestic violence task forces, and have helped lead the effort together with community based partners to standardize U/T Visa reviews among all King County police agencies. Further,they have also helped lead the effort to improve the response to protection orders in King County through a regional task force. They have also been involved in the south King County domestic violence walk a thon,.started by their jurisdiction, and participate in the special emphasis teams and task forces related to human trafficking including domestic violence. Through these collaborative relationships, the project partner agencies, with City of Seattle taking the lead on writing the application, are well prepared to respond to the FY 13 Arrest Grant. This project was designed to address needs in our community that the criminal justice partners have identified. IV. Development of the Application The City of Seattle's Domestic Violence and Sexual Assault Prevention Unit.together with the King County Prosecuting Attorney's Office took the lead in facilitating,the development of the written proposal. Discussions with project partner agencies were conducted via individual telephone calls and email. Project partner agencies provided the following assistance in 'developing the application: • King County Prosecuting Attorney's Office—patticipated in preparatory discussions to develop the project idea; coordinated contact and discussion with municipal city attorney'"s offices and contracted law firms; provided material for the project narrative and budget; reviewed and edited drafts of the project narrative and firmly committed to support the project. • City of Algona-participated in preparatory discussions to develop the project idea and firmly committed to support the project. • Auburn City Attorney's Office - participated in preparatory discussions to develop the project idea and firmly committed to support the project. ® City of Burien -participated in preparatory discussions to develop the project idea and firmly committed to support the project. o City of Des Moines - participated in preparatory discussions to develop the project idea and firmly committed to "support the project. ® Federal Way City Attorney's Office - participated in preparatory discussions to develop the project idea and.firmly committed to support the project. ® City of North Bend -participated in preparatory discussions to develop the project idea and firmly committed to support the project. Seattle-King County 2013 Arrest Program Application Memorandum of Understanding/5 Toward Safety&Justice III:Seattle-King County Response to Domestic Violence • Renton City Attorney'.s Office - participated in preparatory discussions to develop the project idea and firmly committed to support the project. • City of Tukwila- participated in preparatory discussions to develop the project idea and Firmly committed to support the project. ID City of SeaTac -participated in preparatory discussions to develop the project idea and f r6ily committed to support the project. These discussions, feedback provided by the collaborators, and their support led to the development of the proposed project as reflected in the proposal narrative and agreed to in this Memorandum of Understanding. V. Roles and Responsibilities The King County Prosecuting Attorney's(Juice will be responsible for the following duties and responsibilities: 1. Supervise a half-time Deputy Prosecuting Attorney in the Criminal Division to engage in filing review of domestic violence cases from the cities of Algona,Auburn, Burien, Des Moines, Federal Way, North Bend, Renton,Tukwila and SeaTac. This Deputy Prosecuting Attorney will be based out of the King County Regional Justice Center in south King County, and will spend regularly scheduled time each week at the nine partner agencies and will share information electronically on a daily basis. 2. Provide assistance to the nine city attorney's offices for the following purposes: a. Assist and advise in the screening of domestic violence cases from the cities of Algona,Auburn, gurien, Des Moines, Federal Way,North Bend, Renton, Tukwila,and SeaTac, and, if appropriate, steer potential felony and crossover cases to the Domestic Violence unit of the King County Prosecutor's Office. Rush File felony cases where required. b. Coordinate and assist in the staffing and early plea negotiations of crossover domestic violence cases between the Algona, Auburn, Burien, lies Moines, Federal Way, Renton, Tukwila, and SeaTac attorney's offices and the Domestic Violence unit of the King County Prosecutor's Office to leverage and improve case dispositions. c. Serve in the role of felony domestic violence advisor and provide case specific advice and assistance on all manner of domestic violence prosecutions. d. Advise and assist with the development and operation of high impact and serial domestic violence offender prosecution in crossover cases. e. Provide specialized domestic violence related training on felony prosecution and filing and disposition standards to attorneys in the three city attorney's offices. f. Give other unspecified domestic violence related legal assistance as required and agreed to by both agencies. 3. Convene and facilitate any meetings related to this project. 4. Attend quarterly meetings of the grant implementation team. 5. Provide data for semi-annual progress reports, as mutually agreed upon, and as required by the Department of Justice for this grant. City of Algona will be responsible for the following duties and responsibilities: Seattle-King County 2013 Arrest Program Application Memorandum of Understanding/6 Toward Safety&Justice III:Seattle-King County Response to Domestic Violence I. Assign a lead prosecutor to work with the Deputy Prosecuting Attorney. 2'. Provide adequate work space for the Deputy Prosecuting Attorney to perform the functions identified above; and/or agree to submit cases for review via electronic communications. 3. Attend quarterly meetings of the grant implementation team. 4. Provide data for semi-annual progress reports due to the Department of Justice for this grant. Auburn City Attorney's Office will be responsible for the following duties and responsibilities: 1. Assign a lead prosecutor to work with the Deputy Prosecuting Attorney. 2. Provide adequate work space for the Deputy Prosecuting Attorney in its offices in the Auburn City HalI or Auburn Justice Center to perform the functions identified above; and/or agree to submit cases for review via electronic communications. 3. Attend quarterly meetings of the grant implementation team. 4. Provide'data for semi-annual progress reports due to the Department of Justice for this grant. City of Burien will be responsible for the following duties and responsibilities: 1. Assign a lead prosecutor to work with the Deputy Prosecuting Attorney. 2. Provide adequate work space for the Deputy Prosecuting Attorney to perform the functions identified above; and/or agree to submit cases for review via electronic communications. 3. Attend quarterly meetings of the grant implementation team. 4. Provide data for semi-annual progress reports due to the Department of Justice for this grant. City of Des Moines will be responsible for the following duties and responsibilities: 1. Assign a lead prosecutor to work with the Deputy Prosecuting Attorney. 2. Provide adequate workspace for the Deputy Prosecuting Attorney in the Des Moines City'Hall.or Des Moines Municipal Court to perform the functions identified above; and/or agree to submit cases for review via electronic communications. 3. Attend quarterly meetings of the grant implementation team. 4. Provide data for semi-annual progress reports due to the Department of Justice for this grant. Federal Way City Attorney's Office will be responsible for the following duties and responsibilities: 1. Assign a lead prosecutor to work with the Deputy Prosecuting Attorney. 2. Provide adequate work space for the Deputy Prosecuting Attorney in its offices in the Federal Way City Hall or Justice Center to perform the functions identified above; and/or agreeto submit cases for review via electronic communications. 3. Attend,quarterly meetings of the grant implementation team. 4. Provide data for semi-annual progress reports due to the Department of Justice for this grant. City of North Bend will be responsible for the following duties and responsibilities: Seattle-King County 2013 Arrest Program Application Memorandum of Understanding/7 Toward Safety &Justice 11L• Seattle-King County Response to Domestic Violence 1. Assign a lead prosecutor to work with the Deputy Prosecuting Attorney. 2. Provide adequate work space for the Deputy Prosecuting Attorney to perform the functions identified above;.and/or agree to submit cases for review via electronic communications. 3. Attend quarterly meetings of the grant implementation team. 4. Provide data for semi-annual progress reports due to the Department of Justice for this grant. Renton City Attorney's.Office will be responsible for the following duties and responsibilities: I. Assign a lead prosecutor to work with the Deputy Prosecuting,Attorney. 2. Provide adequate work space for the Deputy Prosecuting Attorney in its offices in the Renton City.Hall or Justice Center to perform the functions identified above; and/or agree to submit cases for review via electronic communications. 3. Attend quarterly meetings of the grant implementation team. 4. Provide.data for semi-annual progress reports due to.the Department of Justice for this grant. City of Tukwila will be responsible for the following duties and responsibilities: 1. Assign a lead prosecutor to work.with the Deputy Prosecuting Attorney. 2. Provide adequate work space for the Deputy Prosecuting.Attorney to perform the functions identified above; and/or agree to submit cases for review via electronic communications. 3. Attend quarterly meetings of the grant implementation team. 4. Provide data for semi-annual progress reports due to the Department of Justice for this grant. SeaTac City Attorney's Office will be responsible for the following duties and responsibilities: I. Assign a lead prosecutor to work with the Deputy Prosecuting Attorney. 2. Provide adequate work space for the Deputy Prosecuting Attorney in its offices in the SeaTac City Hall to perform the functions identified above; and/or agree to submit cases for review via electronic communications. 3. Attend quarterly meetings of the grant implementation team. 4. Provide data for semi=anmial progress reports due to the Department of Justice,for this grant. The City of Seattle, Human Services Department, Domestic Violence and Sexual Assault Prevention Unit will be responsible for the following duties and responsibilities: 1. Contract with King County Prosecuting Attorney's Office for the part-time Deputy Prosecuting Attorney's salary, benefits and other expenses per the project budget; 2. Convene and facilitate the quarterly meetings of the grant implementation team; 3. Submit all required reports,records,and financial audits to the Department of Justice; 4. Provide all required copies of publications and materials produced under this grant to the Department of Justice; and 5. Negotiate any necessary extensions or amendments with the Department of Justice. Seattle-K ing County 2013 Arrest Program Application Memorandum of Understanding/8 Toward Safety&Justice III: Seattle-King County Response to Domestic Violence The roles and responsibilities described above are contingent on City of Seattle HSD receiving funds requested for the project described in the OV W grant application. Responsibilities under this Memorandum of Understanding would coincide with the grant period, anticipated to be September 1, 2013 through August 31, 2016. VI. Planning and Development Team Representatives of the planning and development team include: • Dusty Olson, a Planner with the City of Seattle's Human Services Department; • David Martin, Senior Deputy Prosecuting Attorney and Chair of the King County Prosecuting Attorney's Office Domestic Violence Unit; • Gabrielle Charlton, Deputy Prosecuting Attorney, South King County DV Liaison, King County Prosecuting Attorney's Office Domestic Violence Unit; • Renee Walls, Contracted Prosecutor, Cities of Algona and Burien • Harry Boesche, Prosecuting Attorney, City of Auburn; • Matthew Hutchins, Prosecutor, City of Des Moines • Renee Walls, City of Burien contracted prosecutor; • Pauline Freund, DV Prosecutor,City of Federal Way • Aaron Walls,,Contracted Prosecutor, Cities of North Bend and Tukwila • Shawn Arthur,.Chief Prosecuting Attorney, City of Kenton; and • . 'Cindy Corsilles, Prosecutor, City of'SeaTac 'T'hese representatives, or their appointed representative, are responsible for developing and implementing the project activities as described in the project narrative. Representatives will meet immediately following award.of the grant to determine project continuation, expansion strategies and timeline, and will subsequently meet at least quarterly to monitor project implementation. V11. Resources A. City of Seattle Human Services Department will provide a portion of salary and benefits for the grant program manager(Dusty Olson),prorated office space, and supplies. B. King County Prosecuting Attorney's Office will provide office space, supplies, training and supervision for the Deputy Prosecuting Attorney. C. City of Algona will provide adequate work space, as described above. D. Auburn City Attorney's Office will provide adequate work space, as described above. E. Cityof,Burien will provide adequate work space, as described above. F. City of Moines will provide adequate work space, as described above. G. Federal Way City Attorney's Office will provide adequate work space, as described above. H. City of North Bend-will provide adequate work space, as described above. I. Renton City Attorney's Office will provide adequate work space, as described above. J. City of Tukwila will provide adequate work space, as described above. K. ScaTac City Attorney's Office will provide adequate work space, as described above. Seattle-King County 2013 Arrest Program Application Memorandum of Understandi ng/9 Toward Safety&Justice I II: Seattle-King County Response to Domestic Violence V1I1. Commitment A. There is a firm commitment from each of the project partner agencies to achieve the stated project goals by working together. The collaboration service area is King County. B. The partner agencies agree to collaborate on a project to improve domestic violence victims' access to the criminal legal system through prosecution co-location pursuant to the program narrative of the grant application attached to this MOU. C. Compensation for partner agencies' contribution to this project will he provided as outlined in the attached OVW budget detail worksheet. IX., Approval We, the undersigned, have read and agree with this MOU. Further, we have reviewed and approve the 'ortion of the proposed budget and project pertaining to the collaborative effort descri d re. - Dannette R. Smith, Director Daniel T. Satterberg City of Seattle Human Services Department King County Prosecuting Attorney Date: t 9 Date: ® 21 20 t2) L.��gA rtiA..►,�,�., c.�+E o STr�,FF I ! l niel B. Hetd, City Attorney Craig Knutson; City Attorney City of Aubum. City of Burien Date: f Date: �2 c' Anthony A."asecki, City Manager Patricia A. Richardson, City Attorney City of 1 s M roes City of Federal Way Date: _ _ Date: _-'Larry Warren, City t rney Mary Mir 44e Bartolo,City Xttorney City of.Renton City o fd aT� Date: _ .. +e - �, Date: Seattle-King County 2013 Arrest Program Application Memorandum of Understanding 1 10 Toward Safety&Justice III: Seattle-King County Response to Domestic Violence _ Mayor David Hill -'"Londi Lindell, City Adminstrator City of Algona City of Nosh Bend Date: 3-Zl— 1 Date: `? Mayo Ji IIaggc City of ukwila Date. Seattle-King County 2013 Arrest Program Application Memorandum of Understanding/ I 1