COBI 2015 - Criminal Prosecution

Overview
Issues
Performance
Background
Financials

Sources Uses

FY 2016 Appropriation

The Criminal Prosecution Program consists of six divisions of the Attorney General's Office: Justice, Markets & Financial Fraud, Investigations, Commercial Enforcement, Child and Family Support, and Criminal Appeals.

Funding History

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $19,162,400 from all sources for Criminal Prosecution. This is a 2.7 percent reduction from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $10,150,700 from the General/Education Funds, a reduction of 0.9 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Citizens Communication Portal ($200,000)$0

OngoingOne-TimeFinancing Source

($200,000)$0General Fund

The Citizens Communication Portal was designed and implemented as a public report of local instances of crime. An internet search returns more than 6 commercial sites on the first page of results that offer the same service. Many local law enforcement agencies, including the Salt Lake City Police Department, also provide this service. In the last fiscal year, $50,000 of the $200,000 appropriation was spent on the VINE program, which notifies victims when the person who committed a crime against them will be released from prison.

Average number of Child and Family Support cases handled per attorney

Workload in this Division is measured, in part, by how many cases on average are handled by the Child & Family Support attorneys as they enforce child support agreements.

Number of appeals pending under the Criminal Appeals Division

Number of appeals pending is a workload measure which indicates the backlog that is created when there are more appeals than the attorneys can realistically handle.

Number of briefs filed under the Criminal Appeals Division

The number of briefs filed is one indication of the results of the Criminal Appeals Division. Since different appeals require a different amount of effort, this is a somewhat inaccurate measure of the volume of results.

Number of cases handled by the Commercial Enforcement Division

The Commercial Enforcement Division provides legal representation to the Department of Commerce in enforcement actions of its various Divisions. The number of cases closed is both a workload and performance measure of the success of these attorneys.

Number of claims and judgments ordered by the State and its citizens

Claims and judgements ordered in behalf of the State and its citizens is an indication of the success of legal actions taken.

The Justice Division conducts criminal prosecutions, particularly homicide and public corruption cases, prosecutes crimes when county attorneys disqualify, and assists county attorneys with major cases. In addition, it now includes the staff and carries out the functions previously in the Children's Justice Division. This includes prosecution of internet crimes against children and criminal prosecution of egregious cases of non-support.

The Markets and Financial Fraud Division is a new division created by moving various prosecution functions from the former Criminal Justice and Commercial Enforcement Divisions. This division now enforces antitrust laws and prosecutes white collar crimes, including financial crimes and money laundering, which previously were functions of the Commercial Enforcement Division. Medicaid Fraud efforts also were moved into this new division from the former Criminal Justice Division.

Investigations provides investigative services in support of all divisions of the Attorney General's Office. In addition, this division operates several law enforcement projects aimed at catching criminals involved in internet fraud, crimes against children, ID theft and mortgage fraud. The division also works extensively with local law enforcement agencies to coordinate statewide efforts.

Commercial Enforcement represents most of the divisions of the Department of Commerce, including the divisions of Occupational and Professional Licensing, Real Estate, Securities, Corporations, and Consumer Protection. The functions of antitrust law enforcement and prosecution of white collar crimes, including financial crimes and money laundering, have been moved to the new Markets and Financial Fraud Division.

Child and Family Support serves as legal counsel to the Office of Recovery Services (ORS). It directly helps children by assisting in establishing paternity, determining child support obligations, and enforcing child support orders.

Criminal Appeals handles all appeals arising from felony prosecutions and juvenile delinquency. It appeals adverse trial court rulings, and it responds to state post-conviction writs and federal habeas corpus petitions challenging state convictions, including death sentences.

Intent Language

HB0003: Item 10

Under Section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Attorney General in Item 22, Chapter 14, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015.

SB0002: Item 10

The Legislature intends that $1,000,000 appropriated in this item for "Legal Fees - Endangered Species" be used for multi-stage sage grouse litigation.

Special Funds

Attorney General Litigation Fund. A special revenue fund established in UCA 76-10-922 for costs and expenses incurred by the Attorney General in relation to actions under state or federal anti-trust, criminal laws, or civil proceedings under the Protection of Personal Information Act. At the close of any fiscal year, any balance in the fund in excess of $2,000,000 must be transferred to the General Fund.

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Funding Source

Expenditure Category

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Appropriation History by

Sources of Finance	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
General Fund	5,535,100	5,664,800	7,325,400	6,967,400	8,437,900	1,626,200	10,064,100	46,300	10,110,400
General Fund, One-time	0	550,000	0	139,300	206,700	(26,700)	180,000	(139,700)	40,300
Federal Funds	2,140,300	2,028,400	1,650,100	1,683,100	1,863,900	(30,700)	1,833,200	45,400	1,878,600
Dedicated Credits Revenue	5,385,900	5,153,500	4,914,900	5,252,200	6,538,000	(1,266,300)	5,271,700	21,200	5,292,900
GFR - Mortgage and Financial Fraud	0	0	2,000,000	0	0	0	0	0	0
Attorney General Litigation Fund	336,500	336,900	345,000	356,100	366,600	0	366,600	11,400	378,000
Transfers - Commission on Criminal and J	701,500	416,200	44,900	18,600	0	0	0	0	0
Transfers - Federal	367,100	573,100	549,600	518,400	589,200	141,300	730,500	25,300	755,800
Transfers - Other Agencies	60,000	60,000	59,100	50,100	52,100	447,900	500,000	(500,000)	0
Beginning Nonlapsing	2,695,400	2,534,100	1,887,300	0	2,307,900	(855,700)	1,452,200	(745,800)	706,400
Closing Nonlapsing	(2,629,200)	(2,399,100)	(3,052,300)	(1,452,200)	(962,800)	256,400	(706,400)	706,400	0
Total	$14,592,600	$14,917,900	$15,724,000	$13,533,000	$19,399,500	$292,400	$19,691,900	($529,500)	$19,162,400

Categories of Expenditure	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Personnel Services	13,039,700	13,112,900	13,959,400	14,286,000	17,536,300	(476,100)	17,060,200	495,100	17,555,300
In-state Travel	51,400	40,700	65,900	44,900	72,800	(35,300)	37,500	0	37,500
Out-of-state Travel	36,300	59,700	65,100	41,400	64,500	(23,500)	41,000	0	41,000
Current Expense	846,100	1,058,000	1,023,000	976,500	1,043,000	(8,000)	1,035,000	(199,500)	835,500
DP Current Expense	338,100	392,000	367,100	419,100	646,600	(492,100)	154,500	7,600	162,100
DP Capital Outlay	0	0	0	0	0	400,000	400,000	(400,000)	0
Capital Outlay	15,600	0	5,500	23,100	0	0	0	0	0
Other Charges/Pass Thru	265,400	254,600	238,000	334,600	36,300	927,400	963,700	(432,700)	531,000
Total	$14,592,600	$14,917,900	$15,724,000	$16,125,600	$19,399,500	$292,400	$19,691,900	($529,500)	$19,162,400

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Other Indicators	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Approp
Budgeted FTE	150	148	138	140.80	144	0	144	144
Actual FTE	134.40	138.40	144.70	141.90	0	0	0	0
Vehicles	35	38	39	37	38	(1)	37	37

COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.