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Second Appeal Brief
PA ID# 037-00000; Los Angeles County
PW ID# 01647,01648,22503,22504,22517; Criminal Justice System Costs
Citation: FEMA-942-DR-CA; Los Angeles County; DSRs 01647, 01648, 22503, 22504, and 22517
Cross Reference: Emergency Work, Immediate Threat
Summary: As a result of the civil unrest, thousands of people were arrested, and the subgrantee processed approximately 4,000 felony cases and over 4,000 misdemeanor cases. Damage Survey Reports (DSRs) 01647, 01648, 22503, 22504, and 22517 were prepared to propose funding for criminal justice system costs incurred by the Public Defender, District Attorney, Superior Court, Municipal Court and the Probation Department, respectively. The DSRs were determined to be ineligible, because the criminal justice system activities addressed in the DSRs were not necessary to eliminate or lessen an immediate threat. It was determined that the immediate threat posed by allegedly lawbreaking individuals was eliminated once these individuals had been arrested and incarcerated. The subgrantee submitted a first appeal of this determination stating that the administration of its criminal justice system in the aftermath of the civil unrest is eligible emergency work. The subgrantee stated that "the threat is only alleviated if the criminal justice system is allowed to run its full course" and "the criminal justice system cannot be dissected or taken piecemeal." In its second appeal, the subgrantee restates its arguments from the first appeal.
Issues: Were the criminal justice activities necessary to eliminate or lessen an immediate threat?
Findings: No. The immediate threat posed by the allegedly lawbreaking individuals was eliminated once these individuals had been arrested and incarcerated.
Rationale: According to 44 CFR 206.225(a)(3), emergency protective measures must eliminate or lessen immediate threats to life, public health or safety, or threats of significant damage to improved property to be eligible.