HomeMy WebLinkAboutCity Attorney's Office - Community Prosecutor Program - Supp 3/4/2019
Community Prosecutor
Program
City of Huntington Beach, City Attorney's Office
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LH
History of the
Community Prosecutor Program
• Interest and Desire to support our Police and the work
they do
• Post implementation of Props 47, 57 and AB 109
• Need to address some of the concerns of the community,
crimes that impact the quality of life
SUPPLEMENTAL
COMMUNICATION
Meeting Date: ,�� �-
Agenda item No.`
3/4/2019
History of the
Community Prosecutor Program
• Talks with Orange County District Attorney, Police Chief,
and other City Officials
• July 2016, Memorandum between City Attorney and
OCDA (Prosecute Misdemeanors under CA Penal Code)
• October 2016, City Council approved the new position of
Deputy Community Prosecutor
History of the
Community Prosecutor Program
• Program GOALS:
• Address crimes in HB impacting the quality of life
• Get necessary prosecution/follow-through on arrests
• Hire one Deputy Community Prosecutor
• File/maintain a rolling average of 100 criminal cases
• Obtain convictions, stay away orders, probations, etc
• Provide training to Police
• Prosecute Nuisance Abatement cases (e.g., MMDs)
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3/4/2019
Community Prosecutor
Ms. Gemia Mercer
Started with the City of Huntington Beach in April 2018
• Undergrad at USC; Studied Law at Loyola Law school
• Served as a Deputy City Prosecutor for the City of Long Beach
under City Prosecutor for almost 5 years
• Prosecuted all misdemeanors that occurred in the City of
Long Beach
• Conducted jury trials and bench trials
• Was in charge of a diversion program for the City of Long
Beach for low level drug possession and prostitution cases
Works with City Attorney, Michael Gates, and Senior Trial Counsel,
Brian Williams
P ETTY TH E FT (PC 488)
• Theft under $950, e.g., Walmart, CVS, Costco, Target
• Types of sentences we have obtained include:
• Probation �'� Adbr" Ai
• Fines/Jail Time =
• stay Aways
• Restitution
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3/4/2019
DRUNK IN PUBLIC (PC 647(f))
• A person is intoxicated to the point where they are unable to
take care of themselves - Most occur in Downtown HB
• Types of sentences we have obtained include:
• Probation
• Fines/Community Service =..&
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• Alcoholic Anonymous Classes �!
• Stay Aways
RESISTING OFFICER ARREST (PC 148)
• Occurs when a person flees from a police officer while being
arrested or threatens a police officer with physical violence
while being arrested.
• Types of sentences we have obtained include:
• Probation '
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• Fines/Jail Time
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3/4/2019
TRESPASSING (PC 602)
Trespassing - one person enters onto the land of another
without permission or the legal right to be there.
Types of trespassing charges include:
• Refusing to leave
• Interfering with a Business
• Squatting
• Trespassing on school grounds
DRUG POSSESSION
Types of Drug Charges include:
• Possession of a Controlled Substance
• Methamphetamine
• Heroin
• Cocaine
• Prescription Pills
• Possession of Drug Paraphernalia
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3/4/2019
MISD. SEX CRIMES (PC 314.1, PC 647(a))
• Indecent Exposure — PC 314.1
• This charge, if convicted, will result in a lifetime sex
offender registration.
• Lewd Act in Public — PC 647 (a)
• Lewd Act — unlawful behavior that is sexual in nature,
performed with the intention arousing either the
perpetrator or the person to whom the conduct is
directed.
Diversionary Program
• Defendants with no records given the opportunity to earn a
dismissal of their criminal case if they complete certain
requirements, such as
• Residential Drug Treatment Programs
• Alcoholic/Narcotic Anonymous Classes
• Do Community Service for the City of Huntington Beach
• Stay Away from the location of the crime
• Commit no new crimes
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3/4/2019
STATUS/RESULTS
Community Prosecutor Program
• Exceeded Expectations
• Maintain Rolling Average of 300 Active Cases
(Currently approximately 80 cases filed per month)
• 343 Convictions:
• 245 Sentenced to Jail
• Jail time varies; credit for time served to 180 days
• 77 Probationary Sentences, including Stay Away Orders
• Example: probation, stay away orders, fines, restitution
• 115 cases in Warrant Status
STATUS/RESULTS
Fees/Fines Recovered To Date
• CRIMINAL CASE PROSECUTION:
• Fees/Fines ordered from 6/2017: $84,568.00
• PROSECUTION OF MMDs:
• City has recovered more than $475,000 in Attorney's
Fees, penalties, fines, through in part our Prosecutor's
efforts to prosecute Nuisance Abatement cases.
3/4/2019
STATUS/RESULTS
Community Prosecutor Program
• Addressing crimes in HB impacting the quality of life
• Get necessary prosecution/follow-through on arrests
• File/maintain a rolling average of 300 criminal cases
• Obtain convictions, stay away orders, probations, etc.
• Provide training to Police
• Prosecute Nuisance Abatement cases (e.g., MMDs)
Community Prosecutor Program
Improving the Quality of Life for the Residents of the City
of Huntington Beach, While Providing Support for the
Great Work of Our Police
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