2015-311-Minutes for Meeting May 28,2015 Recorded 6/30/2015 DESCHUTES COUNTY OFFICIAL RECORDS CJ 1015.311
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 08/30/2015 08:28:43 AM
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Deschutes Count y Clerk
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.< Deschutes County Board of Commissioners 784
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
iprra q (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUDGET MEETING— DISTRICT ATTORNEY
DESCHUTES COUNTY BOARD OF COMMISSIONERS
THURSDAY, MAY 28, 2015
Allen Room, Deschutes Services Building
Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; Mike Maier, Clay Higuchi and Bruce Barrett, Budget
Committee; Wayne Lowry and Loni Burk, Finance; and from the District
Attorney's Office, John Hummel, Ashley Beatty, Mary Anderson, Shawnda Haynes,
Nancy Davis, Dr. Jana VanAmburg and Kara Palacio.
Meeting minutes were taken by Bonnie Baker.
Chair Bruce Barrett opened the meeting at 9:00 a.m.
District Attorney John Hummel gave an overview of his presentation through
PowerPoint. He discussed performance measures, and past, present and future
plans, and explained that the goal of his office is safe communities. They do not
want to prosecute just the cases that are easiest simply to show a higher conviction
rate; some cases are harder to prosecute and others will take a long time due to
various complications. Misdemeanors are relatively simple when compared to
felonies and should be quicker to handle, but not always.
They are looking at the DUII diversion program success rate as a measurement. If
someone fails at the diversion program, this is not a success since these individuals
are still a hazard to the community. This requires more follow-up and feedback as
a matter of being more responsible for community safety.
Mary Anderson said this was not tracked in the past. There are people who never
even start treatment and others that do not complete it. The D.A. has remained
hands-off in the past once someone has been sent to diversion. Clay Higuchi stated
that some complete the program but relapse.
Minutes of Budget Meeting—District Attorney Thursday, May 28, 2015 Page 1 of 7
Mr. Hummel stated they also need to know which counselors are the most
effective. Counselors are hired through the State and the offender pays the fee
based on financial ability. Mr. Higuchi asked if there is a way to track when
someone leaves the area. Mr. Hummel said that short-term measurement is easier;
for instance, in a year. Five or ten years out would be great but not feasible at this
time.
Mr. Hummel explained the Big List. Short-term, this means improving the
discovery billing collection process, implementing a staff survey, cold and old case
review, new performance measures and streamlining juvenile records in the Grand
Jury process. He started out with about fifty changes he would like to see over
time, although not all will be possible.
Mid-term goals include DeschutesSafe, online access to 911 calls, an office
policies and procedures manual, and guidelines for charging and case resolution so
there can be a level of standardization, but being flexible when appropriate.
Long-term goals are the file archive and scan project, the federal `gap' cases,
electronic discovery, and addressing the decline in tracking and training. They are
working with other counties to get ideas on archiving. Federal `gap' cases involve
cases that he feels that should be addressed by a federal agency, but sometimes the
federal agency thinks it is not important enough to handle. Steve Gunnels has been
deputized as a federal agent to be able to prosecute these offenses. Most of these
cases do not end up at trial but are otherwise resolved.
Regarding the budget, five categories have been reduced in scope. However, there
are some one-time expenses anticipated due to remodeling and expansion of the
office space.
His goal is to focus on tasks, and not positions. They need a half-time trial assistant
who may be converted to a file clerk position when appropriate. There is a
property team and a person team for those crimes, but they need staffing for the
drug team pilot project as well. They are assigning three trial assistants to three
attorneys, but they are no longer assigned specifically to an attorney. The
assistants are able to work with any of the attorneys, as a team effort. This is more
efficient and allows for coverage when one of the assistants is on vacation or
otherwise not available.
Minutes of Budget Meeting—District Attorney Thursday, May 28, 2015 Page 2 of 7
To improve customer service and save money, the file archiving project is key, as
is adequate staff training. Some training is required for compliance, but there
needs to be more focus on what training is appropriate. The result is being more
professional and providing better customer service.
They provide training to law enforcement, handle juvenile dependency cases and
civil commitments, and participate on multidisciplinary teams; they also review
officer use of deadly force and other important issues.
He used a sample of a case from arrest through to conviction, including the steps
taken at the jail and District Attorney's Office. They are now tracking how long
some aspects of a case might take and where improvements can be made. Mary
Anderson stated that an in-custody filing must be done by the next morning; a
citation takes about 30 days. If undated, there is no set timeframe.
If it is a felony, the Grand Jury has to hear it to determine the charges based on
evidence. The person is arraigned as appropriate if there is a charge. If a trial is
requested, each party prepares and a jury is involved. If there is an appeal, the
State Attorney General's Office handles those.
Dr. Jana VanAmburg, the Medical Examiner, gave her background and training.
She is also trauma director at St. Charles and is a surgeon in private practice. She
provided an overview of the requirements of the M.E. position. Shawnda Haynes
is one of the four volunteer death investigators, who are R.N.'s with special
training in forensics. All M.E. personnel are on call and have other employment.
There has been a dramatic increase in calls, from nine cases per month in 2013 to
an average of about nineteen cases per month in 2014. The volunteer hours are
almost 12,000 per month.
Commissioner Baney asked if there are standards required by the State, and
whether there are ways to get more help from local physicians. Dr. VanAmburg
said that there are some State protocols, but she gets input from funeral directors
and physicians as well, so that death certificates can be signed as appropriate.
Another budget request is to better cover administrative expenses for medical
investigations and death certificate processing. This results in reimbursement to
investigators of$16 per day, and sometimes an investigator handles more than one
case a day. They would like this increased to $32 per day.
Minutes of Budget Meeting—District Attorney Thursday, May 28, 2015 Page 3 of 7
Also, continuing education as required by the State is not currently funded; nor is
mileage reimbursement. Mr. Higuchi was surprised by the lack of funding for
this. He said they need a big enough group of volunteers to do the job, and this
means covering their time in some way that is meaningful.
Dr. VanAmburg explained a typical medical investigation from the dispatcher's
call to final documentation. Toxicology testing is done in house as much as
possible since the State takes up to three months to do this.
Commissioner DeBone asked whose job this is, the State or the County. Dr.
VanAmburg stated that it is normally done by a physician. Mr. Hummel clarified
that the M.E. position is created by statute; historically this budget was placed in
the D.A.'s Office. Ms. Anderson stated that there is a statutory obligation to
investigate certain types of death through the D.A.'s Office. In the past, this
position was not well supported. The Internal Auditor found that it is correct to
have this position there.
Mr. Maier said at one point it was handled through the Health Department. Mr.
Hummel stated that he does not supervise this position but they work together.
Other counties handle this in various ways. Ms. Haynes said that Klamath County
has a full-time physician as an M.E. with staffing. Other smaller counties may
work together, but some may not be meeting their statutory obligations.
Mr. Barrett asked who decides whether to bring in the M.E. Dr. VanAmburg
stated that there is statute in this regard, but guidelines are provided to law
enforcement so they know when to call.
Ashley Beatty coordinates the Victims' Assistance Program. The focus is
supporting the victims of crime and honoring their rights at the level the victim
desires. They work with Saving Grace, other advocacy groups, and the courts.
They eliminated the on-call program because there were not enough of these cases
to support it; so much of the on-call work is handled through Saving Grace. They
brought the program in line with the AFSCME contract. They are focusing on
tasks. Each of the three staff handles over 100 cases each. There are increasing
data requirements for grants and other tracking, and they need one more position to
be able to meet these demands. They also need additional staff training as required
by the State.
Minutes of Budget Meeting--District Attorney Thursday, May 28, 2015 Page 4 of 7
She explained a case from the call to case closure. They had 4,939 cases in 2014.
They are trying to be more efficient with notifications, meeting with victims and
preparing them for court. Often the healing process does not start until after the
court case is completed, so they try to make sure that victims get the appropriate
counseling and support. They also help people who have concerns even if there is
not an open case.
Mr. Maier asked if training is required for all of the counselors since the requested
funding is much higher than previously. Ms. Beatty stated that a new person has a
lot of training to complete, but the current counselors need to have ongoing
training as well. They also have never attended the national conference and wish
to do so. They have the same number of volunteers most of the time, but the
caseload is higher. She said average statewide caseload is 50 to 60. Volunteers
usually help only with the phone and paperwork because the advocate needs to be
available when the victim has to be in court. Not all volunteers are well suited to,
or wish to, interact directly with victims.
Commissioner Unger asked if they have a relationship with Behavioral Health
Services. Ms. Beatty stated that they definitely can refer victims and partner when
possible. Mr. Higuchi asked if they could get a big enough pool of volunteers to
handle more of the cases, and whether people always need an advocate based on
the crime. Ms. Beatty said that the cases being handled by advocates are only
felonies and person crimes. They can help victims of property crimes in another
way. They have agreements with COCC, Portland State University and. OSU-
Cascades, Volunteer Connect, CASA and others. There is also a learning curve so
they ask for a six-month commitment.
CASA's main focus is juvenile dependency cases. Saving Grace covers sexual
assault and domestic abuse cases. They work together, but this has to be decided
by the victim. Community agencies have more leeway regarding mandatory
reporting.
Mr. Anderson said comparables are Clackamas County at 150 cases and Lane
County with 60 per advocate.
Mr. Maier asked why the liability line went up significantly. Mr. Kropp said that
there are various reasons for this, concerning general liability and workers
compensation coverage. Some of this is based on the department's history.
Minutes of Budget Meeting—District Attorney Thursday, May 28, 2015 Page 5 of 7
Mr. Maier noted that the State grant has gone down significantly. Ms. Anderson
stated that this is a timing issue regarding the Juvenile grant from the DOJ. They
expect to get some of this funding back. Mr. Maier asked about other reductions in
revenue projections related to sale of maps and discovery. Mr. Andersons said this
went from $19,000 to $47,000 requested this year. Mr. Hummel will clarify this.
Mr. Maier is concerned about the huge increase in training and in particular
attendance at national conferences. He questions the value of this for all.
Commissioner Baney asked if they could send a certain number each year and
spread it out. She attends some conferences and found that the results can be
mixed.
She agreed that bringing in new volunteers is difficult and there needs to be
consistent staff to handle sensitive cases. Ms. Anderson noted that you have to be
careful about conferences, but it helps to identify biases, and to see how others are
doing things. There could be new developments that they do not recognize or
processes that would increase efficiencies.
Mr. Higuchi said that the previous D.A. wanted more separation from the County.
The new group wants to digitize records. He would like to be sure that this is a
viable, long-term solution, based on what they now have in place. Mr. Hummel
replied that he analyzed the system from the perspective of whether it is
appropriate. He is not sure if he would have wanted to purchase this system, but a
transition to another system would result in marginally increased benefits.
JustWare will tie into the new court system adequately. Changing to another
system would not be cost-efficient.
Commissioner Baney asked if the scanner is being purchased; it is per Mr. Hunnel.
He noted that they also looked at bringing in an outside contractor, which is much
more expensive. He also wants staff to learn from the temporary workers so this
can be ongoing. Ms. Palacio said that outside workers often do not have a vested
interest in the work they are doing. It is much more accurate having it done in-
house.
Commissioner DeBone said that next year is Deschutes County's Centennial. He
would like to see the public able to tour the old jail (upstairs in the D.A. Office),
and it would help to get the records out of there. He thinks the scanning project
should be over two years rather than three, and he would authorize additional
temporary staff funding to make this happen.
Minutes of Budget Meeting—District Attorney Thursday, May 28, 2015 Page 6 of 7
Mr. Anderson said that he and County I.T. support the scanning project, but would.
like Mr. Hunnel to look at the whole spectrum of I.T. services. Mr. Hunnel said
that the D.A.'s I.T. staff and County I.T. staff are meeting regularly to investigate
backup issues and other opportunities to work together.
Being no further discussion, the session ended at 10:50 a.m.
DATED this "2 9(6 Day of 2015 for the
Deschutes County Board of Commissioners
atOdine"-c---
Anthony DeBone, Chair
Alan Unger, Vice Chair
ATTEST:
Tammy aney, missioner
Recording Secretary
Minutes of Budget Meeting—District Attorney Thursday, May 28, 2015 Page 7 of 7
BUDGET COMMITTEE AGENDA
Thursday.May 28`h,2015
Program
Budget
Tabaee
9:00 AM • Reconvene the Deschutes County budget meeting
9:00- 10:30 AM District Attorney's Office (Finds 001-11 and 212) 3 /97
• Introductions
• Budget discussion; Special Requests 14/403
10:30- 10:45 AM Break
10:45 - 11:45 AM Community Justice (Funds 230 and 355) 3 /86
• Introductions
• Bu disc ion' 14/ 7
11:45- 1:15 PM Sheriffs Qf ce (Three Districts) 3/ 110
(1) Sheriffs Office (Funds 235-256),
(2) Countywide Law Enforcement District
(District 1) (Funds 701 and 703), and
(3) Rural Law Enforcement District
(District 2) Funds(702 and 704)
• Open public meeting for Countywide Law
Enforcement District (District 1)
• Open public meeting for Rural Law Enforcement
District(District 2)
• Introductions
• Budget discussion;Special Requests 14/415
• Public comment
• At conclus'on of resentation
• At conclus" of resent-KO
1:15- 1:25 PM Break
Sul:wort Services
• Introductions
• Budget discussion
1:25- 1:35 PM • Board of County Commissioners (Fund 628) 6/203
I
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C'- Service
County Contact Advocates Attorneys Caseload Area Notes
Diana 70 cases at 209,000 They assign an advocate to every case.Their mote is to
Jackson Jackson 7 14 any time. population. serve every victim in Jackson County.
•VAP Director-Homocides
• •1.5 DV Advocates(one addresses rural population)
•1 Child Abuse Advocate and Volunteer Coordinator and
Trainer
"1 Juvenile Advocate
'2 Restitution Advocates-Lower classification
•No 24 crisis response
•Do not assist with protection orders
50-60 cases at 323,614
Marlon Co. Kim Larson 10 33 any time population Assign an advocate to every person crime,DV felony
•VAP Director non case carrying
'1 Restitution,Burg and Property Crimes
•5 Take cases and supervise volunteers
•4 interns and 5 volunteers at a time-they carry a small
caseload
"2 specialized child abuse,juvenile
Around 60 356,212
Lane Co. Lori Silano 6.5 advocates 22 cases at a time population Team Structure-Advocates assigned to attorneys
29 volunteers 20-40 •VAP Director carries 20 SA and homocide cases
1 yr.
requirement 'Restitution Advocate
•DV advocate-has a volunteer assigned to assist her
'Volunteer Coordinator(30-50 cases)
•Assist with Protective Orders every day
•Volunteers cover lower level cases
'Crisis response cut
'Juvenile advocate 520 hours/yr for juvenile SA.Juvenile
holds their own advocate for all other cases.
100 cases at 119,000
Linn Co. Amy Guyer 4.5 11 any time population Assign any case that the DDA files on
•Have teams-assigned to DDAs
•Not specialized caseload-variety
• •Part time restitution clerk-lower pay grade
•VAP Director holds homocides
'Do not assist with protection orders
"No crisis response
150 at any
time-which
includes walk-
ins,crisis
intervention,
and things not
Clackamas Diane reported to 388,263 Assign an advocate to every case except property crimes
Co. Wehage 7.4 32 LEA population of businesses
They respond
5 law student to Sexual
21 volunteers interns Assault Cases 'No category specific advocates
•1 FTE is the advocate supervisor-allows director to build
the program
•1 FTE does.5 volunteer retention and recruitment
•.4 is Juvenile Advocate
•Have evening workers from 6pm-Sam
'Juvenile Advocate handles person crimes,Juvenile Justice
maintains their own advocate for property crimes
•Fileless office
•Provide Protective Orders
Deschutes Ashley 166,000 Capacity to only assign major person crimes,but provides
Co Beatty 4 20 120 population victim's rights on every case.
'Doesn't
include walk-
ins,protection `Assign misdemeanor person crimes and property crimes
orders on a case by case or request basis.
• 'Assists every person who walks into Victim Assistance
with questions or needing assistance regardless of open
case.
•Child Abuse advocate
*DV Advocate
•Juvenile advocate-1.5 days a week,3.5 covers adults
•Assists with Protection Orders
'Provides assistance with Grand Jury
. 1
NUTS AND BOLTS OF DA VICTIMS'ASSISTANCE PROGRAM
Statewide Comparison:
• Clackamas County VAP carries 150 cases per advocate but this includes walk-ins and cases that are not open in
their system. We don't track our walk-ins or the support we provide on closed cases.With this standard, we are
closer to 130+cases.
• Jackson County VAP is closest in population with similar rural challenges to Deschutes County.They have 7
advocates to cover 14 DDAs with a population 209,000. They do not provide crisis response or assist walk-ins,
but they assign an advocate to every single case.Their caseload is 70 per advocate.
• Linn County VAP is closest in office size to our VAP,with 4.5 advocates and caseloads of approximately 100;
however,they provide support to only 11 DDAs, and do not provide walk-in support or crisis response. They also
assign a victims' advocate to every case a DDA files on.
Deschutes County VAP :
• 3 advocates and Program Coordinator to provide support to 20 DDAs with a population of 166,000.
• We average caseloads of 100-120 without including assistance to walk-ins and closed cases. We also provide
assistance completing Protection Orders,and will respond to crisis 24/7 by law enforcement request.
• We only assign felony person and property crimes,or complicated/high need cases to advocates.
If given an additional resource,we could not only sustain our current support,but we could also provide advocate support
to additional cases that are currently left unassigned. One additional staff person would reduce each advocate's current
load to approximately 100 and allow us to assign 40 additional major cases.
A DAY IN OUR OFFICE
With two staff having served 20+years each,the gravity of vicarious trauma is evident.These women make daily
sacrifices in their personal lives to provide support to victims and help them feel heard.They take calls in the evening
from panicked victims about court the next day,they sacrifice their breaks to talk to walk-in people needing help with a
restraining order.They stay late to help someone in crisis and allow them to feel heard. We make these sacrifices every
day to meet our current case demand,but it is wearing on us.None of us want to say no to a person in need. We do this
work because our heart is in it.But without an additional resource,we will have to start saying no.
Our team meets promptly at 8:00 for their morning huddle. They decide who does intake,who covers each grand jury
scheduled for the day, who will cover in-custody hearings,who will cover high priority victim notification(hearings set
within 7 days-requiring advocates to reach out to victims immediately),who will put together victim's rights packets,
who can handle victim notification mailings,and they go over the entire court docket to ensure someone is present for
each of our hearings. This work is all on top of the team's assigned cases they still need to manage. This also doesn't
include answering our hotline and attending to any walk-ins.Additionally, our team actively participates in the Child
Abuse Multidisciplinary Team(MDT),Elder Abuse MDT,Domestic Violence Council, Sexual Assault Response Team,
Domestic Violence Witness Project(assisting families whose children have witnessed intimate partner violence), and
Central Oregon Child Sexual Exploitation/Human Trafficking Task Force. We also put on a monthly Victim Impact
Panel for the DUII Diversion Program.
We currently have six volunteers-two are long standing volunteers,the other 4 are new.Most of our volunteers are placed
here through universities-meaning their time is limited to a term or two. It takes several days to train a volunteer to be
able to complete the basics of our computer system, answer calls,and understand our internal processes. Based on the
volunteers' schedule,this could be over the course of several weeks to a month. This training also takes time away from
our caseloads,and with the limited duration of our volunteers-feels like a sacrifice that is not worth the benefit. We have
recruited volunteers who are not in school hoping to find more long-term volunteers,and unfortunately, we have not had
success maintaining them. The burden of bearing a victim's story can weigh on a person.
g' a
Victims'Assistance Program
Caseload per Advocate Statistics
•
Current Staffing With Added 1.0 FTE
Cases per Cases per
County #Advocates Advocate #Advocates Advocate
Clackamas 7.4 150 7.4 150
Deschutes 4 120. 5 90
Linn 4.5 100 4.5 100
Jackson 7 70 7 70
Lane 6.5 60 6.5 60
•
Deschutes County CLEs Cost Frequency
Federal Firearms CLE/Other US DOJ updates -$40 for CLE approval As Requested
-
State of the Courts at courthouse Annual
Mandatory Child Abuse-DCBA/OWIS 25-30 Annual
DCBA 25-30 Monthly(not all apply)
NNS of Court 1 scholarship/$275-325 _Monthly Sept-May
MDT Quarterly Training Free Quarterly
Quarterly In-House CLE $40 for CLE approval Quarterly
ODAA Dull Training(location varies-but usually In Bend free limited spots with Officer annual
In-State Training
-
ODAA Annual Summer Conference $325-$350 per person Annual
ODAA Winter Conference $325-$350 per person Annual
v
US DOJ financial crimes and digital evidence $175 Annual
Protecting Lives Saving Futures(DUO) scholarship Every two years
Annual DUI!MDT Conference $200 Annual
Annual Criminal Law Update-P:oltland $145 Annual
Prosecutor Bootcamp(New DDAS) free Annual
Interstate Compact Training unk unk
Prosecuting the Drugged Driver scholarship unk
State Child Abuse&Family Violence Summit MDT Conft 395(partially funded MDT funds)Annual
ODAA Institute for Prosecutors-Advanced $50 Annual
Juvenile Conference-05B $105 Annual
Oregon Elder Abuse Reporting Requirements unk Annual
Relevant State CLES on emerging topic Unk Varies annually
National Conferences-Based on Relevance/Need
Lethal Weapon(DUI'Homicide) $595 varies
Battered Women's Project Justice Project/US DOJ scholarship/Saving Grace annual
Justice for Vets Vet Court Conference(Vet Con) $700 annual
Child Proof $595 varies
Unsafe Havens I and II $595 varies
Arson $595 varies
■nnual Conference for Das $595—varies
NDAA Summit on Professional Integrity $595 varies
National Homicide Conference $595`varies
LifeSavers-Traffic Safety/Drugged Driving $400-$500 annual
BJA Mortgage Fraud Training scholarship'varies
Human Sex Trafficking.Conference unk varies
Forensic Evidence Course $595 varies
Evidence For Prosecutors $595 varies
2015 National Sexual Assault Conference unk varies
Unknown Issues,resulting in National Conference $595 varies
a
FFY1415 FY1516 difference
Conference Seminars _001-1100-412.50-30 $ 3,250.00 $ 14,270.00 $ 11,020.00
education&training 001-1100-412.50.40 $ 7,000.00 $ 7,500.00 $ 500.00
!Travel Meals T001-110041258-20 I.$ 1000.00 f$ 3;so0.00 1$ 2,500.001
!Travel Accomodatlons 1001-1100412.85-30 [5 3,000.00 j$ 7,6'37.001$ 10,637.001
......
.................
.................
1-Trarref Airfare I001-iioo-422.50-40 I.$ 1,500.001$ 4,000.00[$ 2,500.00 1
lrravel Mileage 1001-1100-41258-70 1$. 3 soo.00 1$ s,000.00 I$ 1.500.00.1
'Travel Parkin$/Ground 1001-1.100412.58-50 J$ 500.00[$ 1,000.001$ 500.001
$ 19,750.00 $ 42,907.00 $ 29,157.00
Page 411
w
FY 2016 Special Request
Department Fund Date
District Attorney's Office 212 3/9/2015
Position Type: Regular Priority: 3
Project or Position Title #FIE 1.00
Victim's Advocate Salary I Wages 38,000
Description and Itemized Costs Benefits 27,444
Requesting 1 FTE increase to the line item 212-1100-412.18-38 Position Total 65,444
titled Victim's Advocate. This increase would create a line item total
of 4 FTE. Materials/Svcs 0
Describe Specific Personnel Capital Outlay 0
This Needs equest would add 1 FTE to the Victim Advocate budget and WOW 0'" . , i ,,, . a
would require insurance and benefits be calculated. Revenue Offset 0
Net Cost 65,444
Justification
The Deschutes County Victim Assistance Program currently has 3 FTE staff. These staff share a combined
caseload of 352 cases all of which are person specific crimes.With an average of 117 cases a piece, the
advocates are unable to provide the kind of customer service to these victims that represent the quality
Deschutes County expects.The Victim Assistance Program is also in the process of expanding the support we
offer to our victims, which includes assistance with abuse prevention applications. This is a critical addition of
service to our team, but with drastically increase the amount of face time we are spending with victims. The
additional of an additional FTE would take their caseloads to 88, and allow for this additional service provision
to victims. - -----
Funding Source
New funds being requested.
Administrator Comrr&AL In Pro op sed: