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HomeMy WebLinkAbout2122-3 Follow-up PCE recommendations for DA's Office (Final 12-1-21)Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 FOLLOW-UP REPORT (preliminary) Prosecutors’ Center for Excellence (PCE) recommendations for the District Attorney’s Office (PCE report dated May 2021) To request this information in an alternate format, please call (541) 330-4674 or send email to David.Givans@Deschutes.org Deschutes County, Oregon David Givans, CPA, CIA County Internal Auditor 1300 NW Wall St Bend, OR 97703 David.Givans@deschutes.org Audit committee: Daryl Parrish, Chair - Public member Jodi Burch - Public member Tom Linhares - Public member Scott Reich - Public member Summer Sears - Public member Stan Turel - Public member Patti Adair, County Commissioner Charles Fadeley, Justice of the Peace Lee Randall, Facilities Director Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 TABLE OF CONTENTS: 1. INTRODUCTION 1.1. Follow-up Authority ……..……..………………………………………….……….……..…. 1 1.2. Objectives and Scope …………….………………………………….…………….………… 1 1.3. Methodology …………………………………….…..………………………….…………….… 2 1.4. PCE Report Background ………………………………………………..…………………... 2 2. FOLLOW-UP RESULTS …………………….……….……………………………………….…… 3 APPENDICES Appendix I – Updated workplan (status as of November 2021) .…................ 4-62 Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 1 1. Introduction 1.1 FOLLOW-UP AUTHORITY Internal Audit Authority: The Deschutes County Audit Committee has suggested that follow-ups occur within nine months of the report. The Audit Committee would like to make sure departments satisfactorily address recommendations. County Administrative Policy GA-15 encourages a follow-up on all recommendations. The Deschutes County Budget Committee and the Audit Committee desired a follow-up occur of the recommendations provided by the Prosecutors’ Center for Excellence (PCE) for the Deschutes County District Attorney’s Office (DCDAO). The District Attorney’s Office has been supportive of the follow-up. 1.2 OBJECTIVES and SCOPE “Objectives” define the goals of the work. Objectives: The objective was to follow-up on recommendations made by the Prosecutors’ Center for Excellence (PCE) in their Assessment of the Deschutes County District Attorney’s Office issued in May 2021 and discussed with the Deschutes County Budget Committee. This is a preliminary follow-up report as there should be another performed closer to the budget committee meetings in May 2022. This follow-up takes place at a time to inform the interim budget meeting in December. Scope: The follow-up included the eighty six (86) agreed-upon recommendations. The District Attorney’s office did not agree with five of the recommendations. The original consultants’ report should be referenced for the full text of recommendations and associated discussion. The follow-up reflects the status as of November 2021. This follow-up was done now so that the status could be shared with the interim meeting of the Deschutes County Budget Committee (held in December 2021). Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 2 1.3 METHODOLOGY The follow-up report was developed from information provided by Mary Anderson, Chief Deputy District Attorney. Comments were sought for the status of the outstanding recommendations. Follow-ups are, by nature, subjective. In determining the status of recommendations that were followed up, we relied on assertions provided by those involved and did not attempt to independently verify those assertions. The updates received are included in Appendix I. The initial response to the recommendations from the District Attorney’s Office should also be considered. Since no substantive audit work was performed, Government Auditing Standards issued by the Comptroller General of the United States were not followed. 1.4 PCE REPORT BACKGROUND The County in collaboration with the District Attorney’s Office hired through a competitive bid process Prosecutors’ Center for Excellence, a national non-profit that works with prosecutors in offices of all sizes to improve the criminal justice system. The PCE team combined data analysis with qualitative interviews. The County desired a top to bottom review of the operations and staffing level of the Deschutes County District Attorney’s Office (DCDAO) in order to ensure operations are both streamlined and efficient. Process improvement scope (at a minimum) included optimizing office performance, completing a weighted case analysis, and recommending appropriate staffing levels for each department within the DCDAO. It also included comparisons to other District Attorney’s Offices of similar size and community growth. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 3 2. Follow-up Results Figure I - How were recommendations implemented? The follow-up included eighty-six (86) outstanding recommendation agreed to by the District Attorney’s Office. Figure I provides an overview of the implementation status of the recommendations. With this follow-up, twenty-nine percent (29%) of the outstanding recommendations have been addressed. As indicated in the provided responses, many of the recommendations have not been fully addressed as it has only been six months since the report’s issuance. This seems like great progress considering the breadth of recommendations and the short time period of this follow-up. The details of the follow-up is included at the end of the report in Appendix I. In interpreting the status, the County Internal Auditor may sometimes raise or lower the status provided by the department based on the communication(s) received from the department. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 4 APPENDIX Appendix I – Updated workplan for recommendations for PCE recommendations (status as of November 2021) - Organized by Category (bold) and topic. Items that are not completed are greyed out. Some edits have been made to fit the text within this layout. Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 1 Caseloads and Time Study • Insufficient Legal Staff PCE urges Deschutes County to rectify its staffing deficit and provide the District Attorney's Office with new positions. PCE recommends, at a minimum, that the County provide the DCDAO with two additional attorneys and two new trial assistant positions as soon as possible. Further additions to staff should be considered going forward as the impact of the backlog and Deschutes County growing population is more fully understood. Completed Jun-21 PCE’s analysis suggests the office is understaffed by four attorneys. However, they recommend that instead of adding two new attorneys now, the County adds two attorneys and add new positions in other departments.  I agree with the recommendation to add two attorneys, and to add positions in other departments (but if we don’t add positons in other departments, I recommend we add the four attorneys that the data shows we need). - PCE recommends keeping the 1/1 TA to DDA ratio in the office. If we add two new deputy district attorneys this would require adding two new trial assistants.  I support adding as many new trial assistants as attorneys, thus I recommend adding two new trial assistants. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 5 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 2 PCE recommends that the CDDAs do not carry a caseload so they can focus on managing the DCDAO. If the Office receives a highly complex and serious case it may require the skillset of the CDDAs, however, their focus should be on managing and improving the Office. Completed Sep-21 With additional staffing and implementation of related recommendations, we can implement Chief deputies not carrying caseload, and moving to more of a management/supervision/quality control/mentoring role within 45 days. 3 Office Leadership and Management Though the DA and the CDDA are understandably busy, there are a number of things that can improve their connection to the Office: • Regular Contact with the Staff: The DA and the CDDAs can walk through the office on a regular basis to see how the staff is doing and listen to their concerns and suggestions. Completed The recommendation for office hours and time to check-in with DDAs is something we want to implement. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 6 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 3.1 • Improved Communication: When new initiatives are announced to the public, the DA should meet with the staff to explain the new initiatives, the reasons behind them, and how they will be implemented. Also, when a controversial issue occurs, the DA should explain the policies underlying his decisions on that issue to his managers and the Office. Completed 3.2 • Reduce the Workload of the CDDAs: The CDDAs have too many responsibilities and cannot attend to all the needs of the staff. PCE’s recommendations about the restructuring of the DCDAO teams, the hiring of an HR specialist and the elimination of their caseloads will free up the CDDAs to attend to the staff, implement new initiatives and do increased outreach to the community. Underway Mar-22 In process, but this recommendation is taking more time than expected due to an unusual number of complex cases referred to DCDA in a short amount of time. CDDAs will complete when DDA Supervision transition is completed With additional staffing and implementation of related recommendations, we can implement Chief deputies not carrying caseload, and moving to more of a management/supervision/quality control/mentoring role within 45 days. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 7 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 3.3 • Office Hours: The CDDAs could designate times as “office hours” so that the staff knows when they are free for consultation. Underway Dec-21 Office hours will start 12/1/2021 once the Supervision implementation is complete. We have tested some different options, as a result, both CDDA's will reserve 1-hour of time 4 days a week. There will be at least 1-hour available every day, and 2- hours available most days. The recommendation for office hours and time to check-in with DDAs is something we want to implement. 4 – Management • Clarify the Responsibilities of Leadership: The primary roles of each CDDA should be clarified. Though it is helpful that the CDDAs can cover for each other, there should be a clear list of who is primarily responsible for the many duties that are required of the CDDAs. Underway Mar-22 In process, but this recommendation is taking more time than expected due to an unusual number of complex cases referred to DCDA in a short amount of time. CDDAs will complete when DDA Supervision transition is completed Clarification of Chief Deputy roles and reassignment of tasks would utilize the experience, knowledge and judgment of the Chief Deputies and allow them to be more available to the attorneys. The Team Leads recently provided feedback that many of the DDAs don’t seek guidance from the Chief Deputies because they are perceived as being too busy to assist them. The recommendation for office hours and time to check-in with DDAs is something we want to implement. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 8 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 4.1 • Management Training: All staff with supervisory responsibilities, legal and nonlegal, should be required to attend management training, including the Team Leaders. The DCDAO has encouraged such training, however, it should be mandatory and not voluntary. The DCDAO should clarify its management approach, so it is consistent across supervisors. HR can provide recommendations for what types of trainings would be most beneficial. Underway Jan-22 Pending with goal of implementation after 1/2022 Training the management team, and the adoption of consistent management approaches, is fully supported and could be implemented once the office structure is finalized. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 9 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 4.2 • Management Reports: Once the accuracy of the underlying data is verified, Prosecutor by Karpel (PbK) should create standard reports for the leadership that provide performance data of the staff. This will give management real-time data to assess the staff. Individualized reports should also be available to the attorneys, so they can check their own performance measures. As a start, the reports can include: • Active caseload of each attorney • Uncharged cases for each attorney • Age of case for each attorney • Pending trials Underway Jan-22 In process Implementation of this recommendation would allow the Chief Deputies to engage in many of the other specific recommendations in the assessment (e.g. evaluating productivity of DDAs and efficacy of programs; Policies and Procedures; complete/additional electronic evidence) and protocols for on-boarding new attorneys Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 10 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 4.3 • Make Team Leaders Supervisors: As discussed in greater detail in the section on the DCDAO teams, the Team Leaders should be the direct supervisors of the lawyers in their team. Completed Dec-21 Implemented, completing training and transition with goal date of 12/2021 Team Leads should be supervisors. The current system is cumbersome, inefficient and compromises our ability to share information between Team Leads and CDDAs. To provide full support to, and supervision of, DDAs, Team Leads should be supervisors not leads; Team Leads are in a better position to evaluate performance of DDAs. The supervision ratios for the Chief Deputies are too high. This recommendation should be implemented immediately. • A complicating factor may be removal from the district attorney union, which should be considered and discussed with the Team Leads and the association prior to implementation. • The new employee evaluation process was created as part of a workgroup involving DDAs, VAP, TAs and supervisors. We have received positive feedback on the process. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 11 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 5 - Morale To enhance morale in the Office, particularly as the staff starts to return to the office in person, the Office can engage the employees in a variety of ways to improve their morale. The new proposed team structure discussed below can also serve to improve morale. Morale boosters can include: • Lunch with the Supervisor: • Shadow the DA: An employee can join the DA as the shadow DA for the day. • Recognition: Reward extra effort in the Office with thank you events, personalized notes/emails, gift certificates, compensatory time, and recognition before peers. • Group Social Activities Underway Ongoing Launched with an IT appreciation day. Next event will be a holiday party. Implementation of the recommendations contained in the PCE assessment will likely result in a boost in morale. Some of the specific recommendations can and will be implemented immediately. Other recommendations such as more office space and remote work would boost morale but may take more time. • The impact of the understaffed court on DCDA is noted in the assessment; supporting the effort to fully staff the Circuit Court, and providing the Court with additional and separate office space will also positively impact DCDA. • Retaining DDAs, reducing workload and performance; and training is intensive, time consuming, and necessary. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 12 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 6.1 – Human Resources • Evaluations: Legal and non-legal staff, including supervisors, should receive annual evaluations at specific time every year. Consideration should be given to starting “360” evaluations so that supervisors receive evaluations from the people they supervise. The evaluation should be in writing, accompanied by a meeting with the supervisor to discuss strengths and weaknesses. Underway Feb-22 Pending, Implementation after Supervisor transition is complete, target of 2/2022 6.2 • Needed Protocols: The Office should create protocols to standardize the onboarding of staff, the off-boarding of staff, and a regular evaluation process for lawyers and non-lawyers. For example, the senior management should conduct exit interviews for all staff leaving the Office. This will provide insights into areas of improvement for the Office. Underway Mar-22 In progress, extending estimate time of completion to 3/2022 PCE has highly emphasized the importance of improving our training and onboarding process. The office has made tremendous growth in the last year in these areas, and we know we can and must do better.  By August 1st 2021 I will have a much more efficient and structured onboarding process when it comes to our case management system Karpel.  The IT team will work with our internal case management and paperless group to establish case management trainings going forward. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 13 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 6.3 • Job Descriptions and Classifications: The HR person can assist with defining job descriptions and ensuring that staff are properly classified. Planned May-22 Planned. Will coordinate with HR in conjunction with budget planning. We will do some additional research into job descriptions. If it in fact would not classify as working out of class, then we would develop additional trainings. 7 – Policies and Procedures • Collect Office Policies: The Office should review all existing office policies and, verify that they are currently applicable and posted on the DCDAO intranet. Underway Jun-22 Underway. The Policy manual is in place, procedures are being updated on the Intranet. An update to the Policy Manual for 2022 is under review and will be published by 12/2021. Underway. The Policy manual is in place, procedures are being updated on the Intranet. An update to the Policy Manual for 2022 is under review and will be published by 12/2021. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 14 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 7.1 • Policies on Specific Topics: The DCDAO should also consider developing policies in the following areas: • Plea Bargaining: The DCDAO should develop a plea/disposition policy for first arrests of similarly situated defendants. • Lawyer Contact with Witnesses: The DCDAO should determine when attorneys should speak with witnesses directly. • Review of Digital Evidence: Ideally, all digital evidence should be reviewed by the prosecutor, but it is not always possible. As a result, the Office should create a policy of when a prosecutor or TA must review digital evidence prior to charging. • Social Media Policy: The staff needs clarification about what they can say and do on social media. The Office should create a social media policy outlining the Office’s expectations. Underway Jun-22 Underway, CDDAs will complete when DDA Supervision transition is completed. Underway. See 7 Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 15 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 8 Teams • Create Two Equal Trial Teams: PCE recommends that DCDAO create two trial teams that handle all cases, equally divided between the two teams. The lawyers assigned to the teams should range from the least experienced to the most experienced, though within each team there can be people who specialize in certain kinds of cases, e.g., DV, sex crimes, white-collar cases or are given special duties, such as liaison to the Child Advocacy Center or to a particular treatment program. Completed Completed. The analysis of confidential feedback, objective data of time tracking and Karpel data, and the experience of PCE led to this recommendation. With careful consideration and inclusion of the office as a whole, this recommendation is supported. Implementation, if done correctly, would take 60-90 days. Related recommendations, including how intake is assigned are supported. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 16 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 8.1 • Team Leaders be Supervisors: Each team should have a supervisor. There are various ways to structure the supervision: one Team Leader, two co-Team Leaders or a chief Team Leader and a deputy Team Leader. Regardless of what structure is selected, the Team Leaders should be supervisors and have significantly reduced caseloads, so they have time to properly supervise their team. Completed Completed. Team Leads should be supervisors. The current system is cumbersome, inefficient and compromises our ability to share information between Team Leads and CDDAs. To provide full support to, and supervision of, DDAs, Team Leads should be supervisors not leads; Team Leads are in a better position to evaluate performance of DDAs. The supervision ratios for the Chief Deputies are too high. This recommendation should be implemented immediately. • A complicating factor may be removal from the district attorney union, which should be considered and discussed with the Team Leads and the association prior to implementation. • The new employee evaluation process was created as part of a workgroup involving DDAs, VAP, TAs and supervisors. We have received positive feedback on the process. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 17 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 8.2 • Assignment of Intake: On alternating days or weeks, the Team Leaders should receive new cases from the CDDA (see section below on Intake) and assign them to lawyers within their team who have the necessary experience. Though the initial intake of cases is done by the CDDA, the assignment of the cases should be decided by Team Leaders. In this way the Team Leaders will be familiar with the matters handled by their team, can anticipate issues, and can give the cases to the most appropriate attorney based on experience level. Completed Related recommendations, including how intake is assigned are supported. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 18 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 8.3 • Scheduling of Assignments: The Team Leaders rather than the CDDAs should create the assignment schedule for their team at least a week in advance The Team Leader will be in the best position to know who is available and who is best suited for various tasks. Also, should substitution of an assignment be needed, the Team Leader will know who is free and can make the necessary adjustments. The Team Leader should designate a “floater” for each scheduling period, so there is notice as to who can cover unexpected court appearances. The scheduling can be rotated between Teams on regular basis, such as weekly or monthly. Evaluations: The Team Leader should prepare annual evaluations for all team members, including the TAs. Completed Clarification of Chief Deputy roles and reassignment of tasks would utilize the experience, knowledge and judgment of the Chief Deputies and allow them to be more available to the attorneys. The Team Leads recently provided feedback that many of the DDAs don’t seek guidance from the Chief Deputies because they are perceived as being too busy to assist them. The recommendation for office hours and time to check-in with DDAs is something we want to implement. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 19 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 8.4 • Team Meetings: The teams should have regular meetings and roundtables to discuss difficult cases, office policy, and other current issues. This provides excellent training for the younger lawyers and creates a team spirit. Underway Jan-22 In process, but this recommendation is taking more time than expected due to an unusual number of complex cases referred to DCDA in a short amount of time. CDDAs will complete when DDA Supervision transition is completed. First meeting scheduled for November. 8.5 • Meeting with Management: The Team Leaders should meet regularly with the CDDAs and the DA to discuss office policies, challenging cases, and new initiatives. This will improve communication between leadership and mid-level management and allow the Team Leaders to convey information to the line prosecutors. This will also improve the morale of the Team Leaders as this will provide an opportunity for their comments and suggestions to be heard by leadership. Completed Completed. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 20 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 8.6 • Caseload Dashboard: To properly manage their team, the Team Leaders should know how to monitor the caseloads and case status of their attorneys through their case management system, Prosecutor by Karpel (PbK). The CDDA currently provides this information, however, the information should be made more readily available through PbK to both Team Leaders and line prosecutors. (See section below on the office’s case management system). Underway Feb-22 Pending, demo provided This has been a longstanding request and some work has been done to date, but changing case management systems, availability of IT staff due to their workload, and Chief Deputy workloads has prevented the development of productivity metrics and dashboards, establishing the accuracy of DCDA data and the ability to audit the data. This recommendation should be implemented immediately after a determination of what data set is reliable and accurate. 8.7 • Office Standards. The CDDAs can set standard timelines for various tasks, such as time to charging, time to indictment, and time to trial. Though there are many exceptions to such standards, the Team Leaders should have regular meetings with the line prosecutors to review their caseloads and the status of their cases in light of the general standards set by the Office. Underway Feb-22 Underway. We started with filing deadlines for out-of- custody cases and documentation of follow-up. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 21 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 9 Prosecutor Diversion and Alternatives to Incarceration • Program Oversight: The Office has a laudable commitment to increasing diversion and treatment. However, as the programs grow there is greater need for oversight of the programs and monitoring the participants. This requires a fulltime, rather than part-time staff. The staff member can oversee the daily operations of the various programs, provide training to the prosecutors, and develop a system for monitoring compliance that does not absorb prosecutor time. Planned May-22 Will consider whether or not to seek a .5 or 1.0 FTE in preparation of the proposed budget. Currently, CDDAs are meeting with attorneys assigned to programs. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 22 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 9.1 • Training for Staff: The staff needs more training on the policies and procedures underlying the treatment programs. This will increase their use and integrate the programs into the daily decisions made by the staff. Underway Mar-22 Training for Staff: Policy and procedure training materials on our current diversion initiatives and their associated treatment programs have been developed or will be completed by 12/1/2021. It was determined that comprehensive training on diversion activities would be best implemented after 12/1/2021 when DCDAO’s office reorganization concluded. The resource lists, addressed under 9.2 Survey Available Resources, will be incorporated into our diversion program training plan in 2022, and service providers will be invited to specific meetings to share how their work supports DCDAO programs. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 23 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 9.2 • Survey of Available Resources: The person assigned to overseeing diversion and treatment programs should conduct a survey of available services in Deschutes County. An assessment of the effectiveness of these programs should also be undertaken. PCE is informed that Deschutes County has many excellent service providers that can provide support to the DCDAO programs. Completed Dec-21 Due to limited staffing resources, DCDAO is unable to compile and maintain a comprehensive list of all treatment programs and services available in Deschutes County. However, many local non-profits with whom we partner, do keep up-to-date lists based on their areas of expertise and share that information with our office. When the lists have not been provided automatically, DCDAO follows-up with those agencies to request that information. (Completed 12/1/2021) An assessment on the effectiveness of local programs will not be conducted. Not only does DCDAO not have the staffing resources to undertake this type of massive task, but more importantly, assessing the effectiveness of these agencies and programs is outside of our area of expertise and responsibility. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 24 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 9.3 • Tracking Diversion and Treatment in PbK: PbK can be used to track the alternative to incarceration programs, as well as compliance with the programs. Completed Jun-21 DCDAO’s current alternatives to incarceration programs are being tracked and participant compliance at key points during program enrollment is monitored in PbK. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 25 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 9.4 • Research: Once the DCDAO has a reliable way to track their alternative to incarceration programs, they can collaborate with researchers to study the effectiveness of the programs. Some researchers can apply for independent grants to support this type of work. Completed Ongoing Conducting comprehensive evaluations on the impact of alternatives to incarceration programs is a practice that has been and will continue to be part of DCDAO’s diversion program implementation plans. In 2019, DCDAO secured grant funding to hire an external evaluator to conduct a preliminary evaluation on the Goldilocks Clean Slate Program. (Completed 8/2019) For DCDAO’s newer initiatives it is too early in each program’s implementation to conduct a comprehensive evaluation on their effectiveness. In the meantime, program data on each program is monitored internally every six months by tracking participant progress and potential recidivism activity within the County through PbK. This baseline assessment allows DCDAO the ability to identify any issues and make appropriate adjustments to the program’s plan. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 26 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 10.1 Case Management System • Data Entry Protocols: Protocols should be developed for who enters data and when. Where possible, support staff rather than attorneys should enter the data. Underway TBD Underway. TAs have already started this process (auditing data in Karpel) with the monthly report reviews. These reviews are monthly check-ins for the TA supervisor and the TA to evaluate the TAs caseload and the data that has been entered for the month. The current reports that are run are: open case with no future court date, number of reminders, TA case clean up, and TA staff case stats. To improve the auditing process, we will implement the following plan:  Meet with IT to identify other data points that can be review/monitored (completed by 8/1/2021)  Work with the TA leads to develop directive/polices for the new reports (completed by 10/1/2021)  Orientation and training of new reports facilitated to the TAs (completed by 12/1/2021) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 27 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 10.2 • Auditing: Unless data is entered accurately, it is of no use. Thus, the DCDAO should develop an auditing plan to spot check data entry. Also, DCDAO should resolve the discrepancies between the court’s data and the DCDAO data. Underway Jun-22 Underway. Completion of protocols will likely occur prior to 6/2022, unless there are changes to PbK. TAs have already started this process (auditing data in Karpel) with the monthly report reviews. These reviews are monthly check-ins for the TA supervisor and the TA to evaluate the TAs caseload and the data that has been entered for the month. The current reports that are run are: open case with no future court date, number of reminders, TA case clean up, and TA staff case stats. To improve the auditing process, we will implement the following plan:  Meet with IT to identify other data points that can be review/monitored (completed by 8/1/2021)  Work with the TA leads to develop directive/polices for the new reports (completed by 10/1/2021)  Orientation and training of new reports facilitated to the TAs (completed by 12/1/2021) 10.3 • Additional IT Staff: The Office would benefit from an additional IT staff, or a consultant, who can help to bring DCDAO’s data collection and PbK to its full potential. This will ultimately create efficiencies and improve the quality of everyone’s work. Planned Dec-21 Waiting for a decision from BJA on grant application. Notice expect by 12/31/2021. I don’t recommend adding a new FTE to the staff. I do recommend retaining a consultant, and we have a grant application pending that makes this request. If we are not awarded this grant we will assess whether/how to retain a consultant. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 28 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 10.4 • New Computers: Though the staff has new laptops, there are some older computers in the office that need to be replaced. Consideration can be given to whether the laptops can be used in the office with docking stations, rather than replacing the computers. Underway Dec-21 20 computers replaced between June-August of 2021; 2 computers will be replaced within the next 30 days PCE recommends replacing old computers.  We have roughly 120 desktops/laptops and have determined that about 10 are either reaching their 5th cycle year or are still running Windows 7, an operating system no longer supported.  Our first priority will be to replace the computers still running Windows 7 by June 1st 2021.  We will be replacing all laptops and desktops reaching their 4th or 5th year after budget replenishment on July 1st 2021 and before September 1st 2021. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 29 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 10.5 • Connectivity with Police: DCDAO should negotiate with its police departments to develop a memorandum of understanding of what, how, and when data can be shared. Once that is in place, DCDAO can purchase the PbK module that allows for improved connectivity with other agencies. This will save data entry time and reduce errors. The intake TA will no longer need to enter documents manually. Underway Apr-22 Worked with Karpel, Tyler Technology, and County IT to establish Application Program Interface and technical requirements for further integration prior to July 1st. Quoted at $29,500 for the total cost. Tyler was unable to process the transaction within a reasonable time, thus pushing the transaction into the next fiscal year. We decided to pursue discussions again towards the end of the next fiscal year (March-April 2022). PCE has recommended in several areas to enhance our current interface/data exchanges with other agencies.  The report undervalued the amount of integrations that are currently active. We have anywhere between 3-5 data feeds between each agency that exchange valuable information such as court dates, court numbers, subpoenas, charging information, evidence item information, and officer vacation schedules.  We have had several previous discussions with law enforcement agencies on this topic, and by July 1, 2021, will have a plan to address the whether/how of additional integration. 10.7 • 100% Paperless: All staff members must be required to go paperless. Underway May-22 50% or more completed, need to review how we define paperless. 10.8 • Mandatory Training: The DCDAO should require mandatory, continuing PbK training. Some staff received initial training but have not kept up with the nuances of the system. In some instances, this may require one-on- one training, particularly with staff members who have been resistant to using PbK. Underway May-22 Underway. Training videos and protocols on IntraNet, sent via email and reviewed in meetings. Will work with HR to determine whether to change a job description or create a lead assignment. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 30 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 10.9 • Legal Templates: The Office is working on developing and updating templates for legal work; this work enhances efficiencies and should be continued. The juvenile unit could benefit from templates in PbK. Underway Mar-22 Underway. Process will be finalized by 3/2022 and once implemented the item will be completed. 10. 10 • Streamline Processes Using PbK: PbK should be used to further streamline the victim notification process and the data entry for victim/witness information should be simplified. Underway Jun-22 Underway. Limited by staffing levels. 10.11 • Standard Reports and Data Dashboard: Once the data is deemed reliable, PbK can be the source of many valuable reports. This data can inform policy decisions, identify crime drivers, and assist supervisors with management. The Office can also post data on its website through a data dashboard so it is accessible to the public. Underway Feb-22 In process-two data dashboards are in process of development. One focuses on cases that attention should be drawn to, the other is a dashboard with statistical data. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 31 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 10.12 • Problematic Police Officers: If there are problematic police officers that may need to be disclosed to the defense, they can be flagged in PbK, so the lawyers will know when an officer on the list is associated with one of their cases. This will be a flag for the attorney to speak with a supervisor about next steps. Underway Jan-22 Brady protocol in place. Notice is sent when determination is made and all cases involving officer are reviewed. 11 Office Space • Request More Space: The DA should request more space for the staff. Having not seen the space in person, PCE cannot make recommendations about how the existing space could be reconfigured. Planned TBD unable to implement at this time due to space constraints Other recommendations such as more office space and remote work would boost morale but may take more time. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 32 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 11.1 • Rearrange Seating: If the DCDAO chooses to restructure their teams, the Office should re-configure the seating arrangements of the lawyers and TAs. The team members should sit near each other, and the TAs should sit by the lawyer for whom they work. This will build a team spirit, allow for informal training between experienced and inexperienced team members and provide efficiencies as it will be easier for supervisors to see who is available to cover various tasks. Planned TBD unable to implement at this time due to space constraints Waiting for information on the courthouse expansion project and whether or not that will created the needed space for the District Attorney's Office. Space needs and ADA compliance are concerns. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 33 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 11.2 • Allow Work from Home: The pandemic has shown that it is possible to work effectively from home. Many DCDAO staff have indicated that they enjoy working from home, they find it easier to concentrate and they experience less stress. The Office should develop a “Work at Home” policy that provides guidelines for who can work from home and when. Such a policy could allow TAs to alternate being in the office and to share a desk. Desk sharing will save space in the already cramped office. Lawyers can be given some flexibility to work from home when their duties do not require them to be present in the office. This policy can boost morale and reduce over- crowding in the office. Needless to say, supervisors will have to set goals for the work that is done at home. Completed Remote work has been allowed during Pandemic. The Management Team is monitoring the County's work on the draft "Remote Work" policy. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 34 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 12 Intake • Connectivity with the Police: DCDAO should enter into arrangements with their police departments to automatically import relevant police paperwork and data into PbK, thus avoiding the need for manual data entry and improving data quality. Underway TBD Pending notification of BJA grant. See notes. PCE recommends that we add an FTE to our case intake department. They also recommend that we improve connectivity with law enforcement agencies in Deschutes County to streamline the transfer of records from law enforcement to our office.  If we are successful in improving our connectivity with law enforcement, as recommended by PCE, we will not need a new fulltime position; we would only need a .5 addition. If we’re unable to achieve the degree of connectivity that is envisioned by PCE, I recommend we add a full-time FTE. 12.1 • Additional Intake Staff: An additional TA at Intake will enhance the process by allowing early and timely entry of victim/witness information, criminal histories, and adding a short summary of the case. The lawyers and TAs are currently entering this information at a later time when it can be more difficult to obtain and thus more time consuming. Planned TBD Budget issue If we are successful in improving our connectivity with law enforcement, as recommended by PCE, we will not need a new fulltime position; we would only need a .5 addition. If we’re unable to achieve the degree of connectivity that is envisioned by PCE, I recommend we add a full-time FTE. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 35 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 12.4 • Viewing Digital Evidence Prior to Charging: The TAs can assist with viewing body worn camera footage in some types of cases, so that the prosecutor can fully assess the case prior to charging. Planned TBD Pending-DCDA is waiting to hear back on a BJA Grant to create a process for BWCs. Currently, TA and DDAs are coordinating on a case-by-case basis. BJA grant announcement by 12/31/2021. Estimated completion date will depend on grant award status. 13 Training • Designate a Training Coordinator: The DCDAO can designate an experienced member of the staff to be the training coordinator, one for legal staff and one for support staff. This person can identify beneficial training programs and schedule the programs at regular intervals. Programs designed for new lawyers can be given annually or semi- annually for lawyers who have joined the Office within the last year. Underway May-22 Training Coordinator would require a new FTE or change in job description. The Administrative Coordinator and her Team Leads have coordinated training. The Team Leads are working with CDDAs on a structured training program, including the creation of a training PowerPoint. Implemented to the extent possible at this time. Will review when considering proposed budget. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 36 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 13.1 • Survey Training Needs: The DCDAO should conduct a training survey of the staff to determine what topics the staff believe are most needed. The Team Leaders and CDDA can also meet to discuss the errors most regularly seen and develop a training program in response. Planned Mar-22 Delayed due to staffing changes and training. The survey will go out in January and training coordinated for the Spring or any "limited docket" days announced by the court. PCE recommended providing training to the TAs to build upon their understanding of the criminal justice system. Excellent recommendation, and we will fully implement. The process of implantation will be:  Conduct a survey amongst DAs and TAs to determine what education topics would be helpful (completed by 7/1/2021)  Based on the results of the survey work with a senior attorney in office or a designated trainer out office to develop curriculum/training session (completed by 10/1/2021)  Facilitate training to TAs (completed by 11/1/2021) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 37 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 13.2 • Monthly Training: Monthly in-house training meetings on substantive legal issues for legal staff should be developed. Topics can be taught by lawyers in the Office, who have dealt with a particular issue, or by lawyers from other offices who can be recruited to train on a particular subject. Given the staff’s familiarity with Zoom as a result of the pandemic, the DCDAO can recruit prosecutors from other offices to discuss a particular topic for an hour via Zoom. Planned Mar-22 In-house training will be reviewed after Supervision transition is completed. PCE recommended providing training to the TAs for some legal work such as writing motions and letters, charging low level cases, and drafting jury charges. Excellent recommendation, and we will fully implement. The process of implementation will be:  Work with a senior attorney in the office or a designated trainer outside of the office to develop curriculum/training sessions (completed by 8/1/2021)  Facilitate Training to TAs (completed by 10/1/2021) We are hesitant to encourage additional training for charging cases and drafting jury charges as this may push the TA’s work out of class and could potentially require a reclassification of TA work to paralegal work, which would require a much larger budget for staff. We will do some additional research into job descriptions. If it in fact would not classify as working out of class, then we would develop additional trainings. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 38 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 13.3 • Training on the Grand Jury Process: The grand jury coordinators and a senior lawyer should train new lawyers on the grand jury process and the preparation needed, particularly with regard to witness preparation and review of the file. Planned Mar-22 Will be scheduled with 13.1 as whole office training. 13.4 • Case Roundtables: Team Leaders should convene a roundtable on particularly difficult cases to discuss the pros and cons of prosecuting the case. This will allow for brainstorming of ideas, will teach the younger lawyers about the issues that they should consider, and will develop a team spirit. Underway Dec-21 Implemented in part-Team Leads are scheduling time for roundtable meetings based on topic areas. Full implementation scheduled for 12/2021. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 39 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 13.5 • Outside Prosecutor Training: The DCDAO already avails itself of trainings sponsored by the Oregon District Attorney’s Association and should continue to send its lawyers to those trainings. There are other excellent training programs, many of which are free and online. The national prosecutor groups offering these trainings are Aequitas, (particularly on violence against women issues), Institute for Innovation in Prosecution, National District Attorney’s Association, and Association of Prosecuting Attorneys. Completed Implemented. All of the attorneys were provided with season passes to the ODAA CLEs, and other online and in- person training has been made available to DDAs. 13.6 • Legal Templates: The Office should continue to update PbK with standard legal documents and collect complex legal motions and briefs in a central location that can be shared by all the lawyers. Completed Implemented. Advanced Lead Attorney Shroyer is assigned to this project for consistency. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 40 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 13.7 • Trial Advocacy: Supervisors should watch younger attorneys while they are trying a case so that real time pointers can be given. Currently, most input about trial advocacy skills of the Office’s attorneys comes from the judges. Planned Jun-22 Pending. Supervision transition, hiring and training are prioritized. Need to complete and stabilize before there is time to observe DDAs in trial. In the meantime, we are assigning less experienced prosecutors to assist more experiences prosecutors in trial. CDDAs are also assisting less experienced DDAs in trial. Different method than suggested, but providing the opportunity to observe and build trial skills. 13.8 • Training on New DCDAO Initiatives: Rather than an introduction by email, the whole staff should be trained on the Office’s new initiatives so they understand when and how they should be applied and the policy underlying the program. The office leadership should also seek feedback on the efficacy of the programs. Underway Jun-22 In process-program and grant summaries are now listed on the Intra-net, program reviews are part of DDA meetings. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 41 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 14 Trial Assistants • Criminal Justice System Training: Some TAs report that they would like a better understanding of the criminal justice system and the specific issues related to their cases; this will enhance their ability to anticipate the needs of the attorneys and improve the quality of their work. If the TA duties are expanded, the lawyers should be briefed by management about the new roles of the TA, so everyone is on the same page. Underway TBD Pending-see 13 PCE recommended providing training to the TAs to build upon their understanding of the criminal justice system. Excellent recommendation, and we will fully implement. The process of implantation will be:  Conduct a survey amongst DAs and TAs (completed by 7/1/2021)  Develop curriculum/training session (completed by 10/1/2021)  Facilitate training to TAs (completed by 11/1/2021) PCE recommended providing training to the TAs for some legal work. Excellent recommendation, and we will fully implement. The process of implementation will be:  Develop curriculum/training sessions (completed by 8/1/2021)  Facilitate Training to TAs (completed by 10/1/2021) We are hesitant to encourage additional training for charging cases and drafting jury charges as this may push the TA’s work out of class, which would require a much larger budget for staff. We will do some additional research into job descriptions. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 42 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 14.1 • Paralegal Training: The TAs can be trained to do some legal work, such as writing standard motions and letters, charging low level cases, and drafting jury charges. A number of the TAs had done this type of work in earlier jobs. The lawyers should always review and approve the work. Planned May-22 Planned for consideration in the future if additional FTE or classification changes are allowed. 14.2 • Victim Advocate Training: Though assigning the overflow victim advocate work to the TAs is not recommended, if this continues to be the practice, the TAs need training on the multi-faceted tasks of the victim advocates. (See section on Victim Advocates for further discussion). Planned May-22 Planned, current staffing level does not allow for implementation. We recommend fully staffing VAP so that all cases are assigned to an advocate. If VAP is not fully staffed, and TAs have to continue to provide VAP services, we will develop clear polices/process for the required services and organize continued trainings to equip TA staff with the necessary skills to successfully execute these services. These policies and trainings would be implemented and completed by 1/1/2022. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 43 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 14.3 • Auditing Data in PbK: As the Office has gone paperless, the quality of the data in PbK is especially important. The TAs, IT, and management should work together to establish an audit routine, where the TAs can check the data in PbK relevant to their cases. This is especially important regarding data entered by the lawyers, as they may enter data in inconsistent ways, or neglect to enter the data. Underway Jun-22 Monthly report reviews were implemented for Trial Assistants. Team Leads and CDDA are working with IT on a dashboard. Procedures for data are now published on the Intra-net and sent out to attorneys via email. TAs have already started this process with the monthly report reviews. These reviews are monthly check-ins for the TA supervisor and the TA to evaluate the TAs caseload and the data that has been entered for the month. The current reports that are run are: open case with no future court date, number of reminders, TA case clean up, and TA staff case stats. To improve the auditing process, we will implement the following plan:  Meet with IT to identify other data points that can be review/monitored (completed by 8/1/2021)  Work with the TA leads to develop directive/polices for the new reports (completed by 10/1/2021)  Orientation and training of new reports facilitated to the TAs (completed by 12/1/2021) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 44 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 14.4 • TAs in Court: To improve data collection, TAs should be trained to record court events in the courtroom. This will remove this function from the lawyers, who should focus on the legal issues rather than data collection. Ideally a TA should be assigned to a specific judge, so the TA learns the routine of that judge and can more easily gather the data. If this is not possible, then the TA can be the data collector whenever their assigned lawyer is in court. Planned Jan-22 Delayed due to staffing changes and training. Will review after 12/2021. The implementation of this process is underway. We have identified a handful of TAs that are excited about this process, they will be trained first and then serve as trainers for other TAs as they are introduced to the process. We like PCE’ suggestion of assigning each TA a judge. This will likely be the practice we follow for scheduling TAs in the court. The timeline for full implantation is:  Train phase 1 of the TAs on taking notes (completed by 6/5/2021)  Phase 1 TAs train the remaining TAs (completed by 7/1/2021)  Permanent schedule is implemented for TAs appearing in court to take notes (8/1/2021) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 45 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 14.5 • Crime analyst training: Some of the TAs, who have the aptitude and interest, can be trained as a crime analyst who can assist with internet research in support of a case, as well as analyzing crime trends. This is a position that is becoming common in modern prosecutor offices and can be performed in collaboration with the DCDAO investigators. Crime analysts can do a variety of tasks including: • Gathering evidence in support of prosecutions, such as reviewing social media posts, analyzing cell phone records, and gathering related crime data. • Analyzing crime patterns through statistics, maps, and timelines. • Preparing presentations for trial or public events. • Collaborating with law enforcement to gather evidence, especially in areas where specialized knowledge of technology is required, such as social media analysis. Planned May-22 Planned for consideration in the future if additional FTE or classification changes are allowed. PCE recommended additional training for some TAs as crime analyst. We need to review this scope of work to determine if it would be beneficial, and if it would result in TAs working out of class. Once these assessments are completed we will decide whether to pursue this recommendation. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 46 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 15 Victim Advocates • Replace the VA Who Left: Victim advocacy work is fundamental to a District Attorney’s Office and to the citizens of Deschutes County. Victim advocates provide notifications and support to those who need it most and instill confidence in the criminal justice system. Given the voluminous amount of information that is statutorily required for victims, an additional VA is needed to keep up with that work. Completed Completed. Replacement Victim Advocate hired. PCE recommends that we fill the current advocate vacancy that that the County adds an FTE position.  I support this recommendation Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 47 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 15.1 • Hire a VA with Clinical or Social Work Experience: Consideration should be given to hiring a VA with clinical or social work experience, so more meaningful support can be given to victims and witnesses. This position should be in addition to replacing the VA who recently left the Office. Contact Information for Victims and Witnesses: The Office should develop a standard set of questions for the VA to ask the victims and witnesses regarding their contact information. The list should include contacts for family and friends. The VA should also ask “How do you communicate?” because some victims/witnesses use social media to communicate rather than emails and texting. The information should be added into PbK. Planned Jun-22 Planned. Additional FTE required for this recommendation was not approved. Request will be made in FY23 budget for this resource. In a follow up phone call with PCE to gain additional perspective on this recommendation, it was learned that PCE was unaware that the majority of advocates have degrees in a social service field and prior social work experience. Overall, this recommendation would be to add an 8th Victim Advocate to VAP. This recommendation is supported and VAP will continue to utilize their existing hiring practices to search out the most qualified candidate to join the DA’s Office. Victims Assistance will also work towards ensuring staff are spending more time providing enhanced direct services with victims and less time completing paperwork, per a recommendation addressed below.  Work with HR to ensure that social work experience is outlined as a preferred quality of an applicant in the Victim Advocate Position Description. (Complete before posting both Victim Advocate vacancies June 2021)  If the FY 22 budget is approved, work with HR to fill the Victim Advocate vacancy (Complete by June 2021 for an early July start date) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 48 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 15.2 • Contact Information for Victims and Witnesses: The Office should develop a standard set of questions for the VA to ask the victims and witnesses regarding their contact information. The list should include contacts for family and friends. The VA should also ask “How do you communicate?” because some victims/witnesses use social media to communicate rather than emails and texting. The information should be added into PbK. Planned Jun-22 Pending. Confidentiality issues and victim safety issues are being discussed statewide. PCE recommends a standardized set of questions to get alternate contact information for victims and witnesses in a case.  Currently, Karpel (our case management program) limits our collection of contact information to the standard forms of communication. We will ask the Karpel programmers to consider updating the software to add a social media contact information field, as well as a way to document more than one email address. (Complete by June 2021)  Discuss victim contact information collection and documentation at the Oregon Victim Advocate Karpel User Group Meeting. (Complete by June 2021)  Discuss contact information collection and documentation at the Paperless Team meeting to see how we want to address collecting and documenting this information up front while there is no designated space in Karpel. (Complete by July 2021)  Draft and discuss office policy around contacting victims and witnesses through social media outlets (Complete by September 2021) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 49 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 15.3 • Outreach to Witnesses: The Office should develop a plan for how the VA can reach out to witnesses, who are not also victims. Witnesses, who are essential to a criminal case, often need just as much support and services as a victim. Planned May-22 Planned. Request will be made in FY23 budget for this resource. In a recent phone call with PCE, they provided clarity that this recommendation can only be accomplished in conjunction with their other recommendations regarding streamlining documentation in Karpel and reducing some advocate work on restitution to free up advocate capacity. This is a long-term goal for VAP.  Survey DA and TA team regarding the scope of how many witnesses they foresee VAP needing to connect with (Complete by 10/1/2021)  Meet with VAP team to strategize ways to manage new caseload and document these contacts (Complete by 2/1/2022)  Update VAP policy and procedure manual (Complete by 3/1/2022)  Slowly assimilate highest acuity witness contacts into VAP caseload starting April 2022  Create report to closely manage requests for witness contact to determine workload needs and capabilities. (3/1/2022) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 50 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 15.4 • Survey of Local Service Providers: The DCDAO should conduct a survey of available victim/witness resources in the county, as well as assessing their effectiveness. A list of reliable programs should be kept by the Office and updated regularly. Completed Implemented in part-current list is maintained. The determination of what constitutes a "Reliable Program" is not made by VAP. Completed the recommendation in part and reject the assessment of providers. Given each victim/survivor reports a different experience with service providers, an evaluation of the effectiveness of outside programs would be too time-consuming to be completed by our team (and outside the scope of our expertise).  VAP already maintains a list of service providers which is stored on the shared drive for advocates to access and update at any time.  Create a formal calendar for reviewing and updating service provider list (Complete by 7/1/2021) 15.5 • Regular Meetings with Service Providers: The DCDAO should host meetings with the local service providers so that relationships are formed, and the staff is familiar with their resources. Often victims and witnesses have a variety of issues that can benefit from a coordinated approach across government agencies. Where there are gaps in services, the DA can advocate for a coordinated solution. Planned TBD No change-see notes VAP already hosts regular unit meetings in which local service providers attend and discuss service provision. (Already completed)  VAP will establish a monthly calendar for 2022 unit meetings to ensure we host at least one service provider a month (Complete 12/1/2021) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 51 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 15.6 • Training for VAs and TAs: The VAs and TAs should attend regular trainings or webinars on how to work with victims and witnesses in a trauma-informed way. Training on how to provide safety planning for victims and witness would also be beneficial. Completed Implemented. VAP attends regular ongoing training in which topics frequently include Trauma Informed Service Delivery, Vicarious Trauma, and Safety Planning. (Already Completed)  VAP will extend future invitations for training to Kara Palacio, TA manager for her determination on whether or not it is appropriate for her team to attend. 15.7 • Automating and Streamlining VA Work: Automating various aspects of the VAs work will save time. PbK should be reviewed to assess how to further streamline victim notifications and outreach. The pandemic has demonstrated that much outreach can be done remotely, including contacts with victims and witnesses. The VA staff should receive additional training on PbK and how it can make their work more efficient. For example, PbK can now text victims though an office computer or office cellphone. Some VAs may need an office cellphone as they understandably do not want to use their personal phones to text victims. Underway Jun-22 Pending. IT Supervisor Casey Newsom and Program Manager Ashley Beatty met with Program Expert Laurie Duke with PbK to go over current office process and practices. Per Ms. Duke, Deschutes County VAP is as “efficient as we can be with the system we have.” After meeting with us, Ms. Duke wrote up 4 enhancement requests that would streamline processes for our office. To this day, there is no movement on these requests. Until changes are made, VAP is unable to make any improvements. Manager will meet with the Oregon Karpel Workgroup to discuss streamlining capabilities. (Complete by June 2021)  Manager will work with our IT team to write enhancement requests for any streamlining option not already existing in Karpel (Complete by July 2021)  VAP will work with IT to determine if there are any existing capabilities within Karpel that aren’t already in use (Complete by July 2021)  Manager will work with IT to determine if any additional work-around can be developed outside of Karpel to enhance/streamline victims’ services. (Complete by 1/1/2022) Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 52 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 15.8 • Training for Legal Staff: The legal staff are not fully informed about what a VA’s work entails and what services can be offered. The lawyers should receive training on the VA tasks, how to update victim/witness contact information, office policy on when they are required to speak with victims and witnesses, what services are available, and how to speak with witnesses in a trauma informed way. Planned Apr-22 Given the recent turnover in the office, there has not been an appropriate time that we could implement this. We will implement some cross training in the early Spring of 2022. Survey will be sent to DDAs to determine what information they would like to see contained in a training (Complete by 12/1/2021)  Deliver a training on VAP services to legal staff (Complete by 4/1/2022) 15.9 • Restitution: Restitution is important to victims and can be a part of restorative justice for the defendant. It is also a helpful form of community outreach, as it demonstrates the benefit of government. The Office should designate a restitution coordinator on the legal staff, as well as a VA/TA point person. Some restitution matters require complicated civil litigation for which some lawyers have little training. This may be an excellent task for a modified-duty attorney and a part- time VA/TA. Completed Implemented. VAP has been working with the trial assistants to identify a designated resource within the trial assistant team. We have cross trained the person and started assigning some restitution tasks. There is not an identified DA resource at this time as each attorney likes to work every aspect of their case. PCE recommends designating an attorney as a point of contact for restitution coordination. Given the vertical prosecution within the office, it may pose additional challenges to have a singular point of contact to make decisions regarding restitution on other attorneys’ cases. However, it would create consistency for both the VAP team and the courts to receive consistent restitution information from the DA’s Office. Should the DA’s Office designate a Legal Restitution Coordinator, VAP will work with that person to streamline restitution processes. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 53 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 16 Other Office Staff • Roles and Classifications: Once the roles of the staff are defined, then their HR classifications should also be re- evaluated. Planned May-22 Will work with HR and consider changes in preparation of the proposed budget. 16.1 • Cross-Training: In some instances, there is only one staff member who knows how to complete a needed task. This is a risk to the Office if that staff member is out or leaves the Office. An analysis should be done as to who needs cross training and on which tasks. Underway TBD Underway. Staff turnover and onboarding has been prioritized at this time. 17 Community Outreach • Community Advisory Board: The DA should revitalize DeschutesSafe or create a Community Advisory Board that can provide continuing input on crime issues and new initiatives. Planned May-22 Pending. Requires additional FTE. Will review in conjunction with drafting the proposed budget. 17.1 • Open Forum Meetings: The DA can continue the open forum meetings that were held in 2016. The meetings can center around issues of general concern, for example, opioid overdoses, drunken driving, or homelessness. Planned May-22 Pending. Requires additional FTE. Will review in conjunction with drafting the proposed budget. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 54 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 17.2 • Youth Education Programs: Though the DCDAO does some education programs in schools, it can develop a regular education program for middle and high school students that explains the criminal justice system and highlights the many types of jobs that exist in that system. Lawyers, police officers, victim advocates, trial assistants, and others can participate in the program. There may be educators who can assist with curriculum development. Planned May-22 Pending. Requires additional FTE. Will review in conjunction with drafting the proposed budget. 17.3 • Adult Education Programs: As the Allyship report noted, the public does not understand the role of the prosecutor. The DCDAO can form a Citizen’s Academy for adults with regularly scheduled classes taught by prosecutors and police on criminal justice topics. Planned May-22 Pending. Requires additional FTE. Will review in conjunction with drafting the proposed budget. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 55 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 17.4 • Multi-Disciplinary Approach to Repeat Offenders: The DA can convene stakeholders, such as hospitals, schools, police, and social services to develop a multi-disciplinary individualized approach to repeat offenders with mental illness and substance abuse. This can be coordinated with some of the multi-disciplinary meetings outlined above. Planned May-22 Pending. Requires additional FTE. Will review in conjunction with drafting the proposed budget. 17.5 • Improve Website: The DCDAO’s website should be improved to include educational materials about the criminal justice system, public service bulletins (e.g. how to obtain Narcan), and schedules of community events. The DA can seek input from a community advisory committee about what should be on the website. Once the Office’s data is improved, the Office can post its data on the website. Planned TBD Pending. Waiting for decision on BJA grant application. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 56 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 18 Police • Prosecutor-Police Coordination of Crime Data: The prosecutor is a central hub for all the police departments and can assist with creating a centralized data collection system to identify and analyze crime trends. For example, once countywide data is collected, the prosecutors and the police can strategize about pressing crime issues such as drug overdoses, or crime issues related to homelessness. Modern prosecutors work collectively with their police departments on this type of analytics. Planned Dec-22 Pending. Implemented to the extent possible at this time. If BJA grant is approved, DCDA will look at additional positions, hardware, and software. PCE has recommended in several areas to enhance our current interface/data exchanges with other agencies.  The report undervalued the amount of integrations that are currently active. We have anywhere between 3-5 data feeds between each agency that exchange valuable information such as court dates, court numbers, subpoenas, charging information, evidence item information, and officer vacation schedules.  We have had several previous discussions with law enforcement agencies on this topic, and by July 1, 2021, will have a plan to address the whether/how of additional integration. 18.1 • Coordination of Release of Information: The police and DA should coordinate regarding the release of investigative information prior to a press conference, particularly with regard to victim and witness information. Completed Implemented. They also recommend that we improve connectivity with law enforcement agencies in Deschutes County to streamline the transfer of records from law enforcement to our office.  If we are successful in improving our connectivity with law enforcement, as recommended by PCE, we will not need a new fulltime position; we would only need a .5 addition. If we’re unable to achieve the degree of connectivity that is envisioned by PCE, I recommend we add a full-time FTE. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 57 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 18.2 • DA-Police Collaboration on Ongoing Challenges: The DCDAO, as well as other agencies in Deschutes County, should work closely with the police to address the homelessness issue and the new law legalizing drugs. This requires uniformity across police departments and the participation of the community and Deschutes County officials. Completed Completed training re new law legalizing drugs. Continue to work with police to address the homelessness issue. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 58 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 19 Courts • More Judges and More Space: Deschutes County should advocate for more judges that are desperately needed. The requirement for more judges will be painfully apparent as the courts re-open. Even if the Oregon Legislature fails to appoint new judges, the county should work to have judges temporarily assigned to the county or recruit retired judges to do some of the more routine matters. More Space for the Courts: Regardless of how additional judges are brought to the county, they will need additional space. The County should immediately develop a plan for how to accommodate two or three new judges. Underway Mar-22 Underway. Two new judges have been improved and the County is preparing to expand the courthouse to accommodate them. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 59 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 19.1 • Develop a Priority Trial System: The DA and the public defender should meet with the judges to advocate for an improved method of scheduling trials. Other counties in Oregon have developed a priority trial list that has been successful. A priority list will give the litigants and the witnesses some notice of which cases are most likely to go forward, thus reducing wasted time on cases that end up being adjourned for over for six months, leading to year- long delays. Completed Completed. The court directs the process and is not seeking input on this matter at this time. The Trial Court Administrator has engaged in conversations on this topic and DCDA provided input. 19.2 • Relationship with the DA and the Courts: The DA should meet with the presiding judge on a regular basis to discuss issues of mutual interest; this can also be done with the public defender. This regular contact should improve their relationship and allow the DA to explain new initiatives and hear feedback about the DCDAO attorneys. The DA can also alert the presiding judge to rude or inappropriate conduct of the judges. Completed Completed-channels of communication between DCDA and the Court (via the Presiding Judge) are open. The CDDAs and Team Leads are having more conversations with Judges when appropriate. Complete Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 60 Rec # Recommendations Status Estimated or Actual Date of Completion Updated Follow-up comments Initial Comments 19.3 • Lessons Learned from the Pandemic: The pandemic has revealed many new methods for appearing in court. This has proven to be a benefit for all concerned, particularly witnesses and defendants who can appear remotely and do not have to take time off from work or obtain childcare. The courts, the DCDAO and the public defender should meet to discuss lessons learned from the pandemic. Completed Court procedures related to appearances has been announced by the Chief Justice. The DC Presiding Judge has asked for input throughout the Pandemic, DCDA has been responsive. Complete Recommendations not included in follow-up (Not agreed to) Rec # Recommendations Ccomments 6 – Human Resources • Hiring an HR professional. The Office should hire an HR professional, even if it is part-time or as a consultant. This person can address HR issues in the Office and assist with tasks such as leave, payroll, employee disputes, and discipline. The HR professional can also help with developing formal management protocols for the Office. This person can take over HR tasks from the CDDAs. I disagree with this recommendation. I will meet with Kathleen Hinman to discuss the best way to address the HR needs of the DA’s office. Perhaps a dedicated person in her office to devote a certain amount of hours per month to the DA’s office, or a consultant retained on an as-needed basis. In any event, I am not recommending adding a new HR FTE to the DA’s office. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 61 Rec # Recommendations Ccomments 10 Case Management System • Supervision: One member of the IT staff should be designated as the supervisor and that person should report to the CDDAs, rather than to the DA. PCE has recommended changing the current organizational structure of IT. In the assessment they suggest “one member of the IT staff should be designated as the supervisor and that person should report to the CDDAs, rather than to the DA”. We believe the IT department benefits from having an autonomous methodology and I disagree with the recommendation, however, we believe there should be adjustments in how we operate internally for better accountability:  IT will implement an internal incident/ticketing system. This system will provide clear understanding of incident prioritization, delegation of tasks, and timelines for project completion to both IT and the requestor. This would result in accountability for the IT team while providing status information to requestors. This system will be implemented by July 1st. 10.6 • Connectivity with the Courts: DCDAO should receive a feed of data from the courts on pending and disposed cases. This will significantly improve the DCDAO’s ability to create accurate management reports. We have reached the limits of integrating our case management system with the courts. Unfortunately, at this time no further integration is available. 12.2 Intake • TAs or Law Students Charging Low Level Cases: Various low-level cases are very routine. A TA or a law student can be trained to prepare draft charges that can later be reviewed by a DDA. This may be amenable to remote work and the TA or law student can be very effective as they gain expertise in these charges and their work will reduce the number of cases awaiting charging and disposition. Follow-up PCE recommendations for District Attorney’s Office #21/22-3 December 2021 Page 62 Rec # Recommendations Ccomments 12.3 • Part-Time DDA: The DCDAO can hire a part-time DDA to assist with charging out-of- custody cases. This is a good position for an attorney who needs a modified work plan or needs to work from home. It should be noted that given the DCDAO’s excellent vertical prosecution system, the more serious cases should continue to be charged by the assigned DDA. {End of Report}