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Criminal Justice System Costs

Appeal Brief

DisasterFEMA-0942-DR
ApplicantLos Angeles County
Appeal Type2nd
PA ID#037-00000
PW ID#01647,01648,22503,22504,22517
Date Signed

Citation: FEMA-942-DR-CA; Los Angeles County; DSRs 01647, 01648, 22503, 22504, and 22517Cross Reference: Emergency Work, Immediate ThreatSummary: 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.

Appeal Letter

October 4, 1999Mr. Gilbert NajeraGovernor's Authorized RepresentativeDisaster Field Office - Public Assistance Section74 North Pasadena AvenueWest Annex, 2nd FloorPasadena, CA 91103-3678Reference: Second Appeal - Los Angeles County; DSRs 01647, 01648, 22503, 22504, and 22517 (Criminal Justice System Costs);FEMA-942-DR-CA, P. A. 037-00000Dear Mr. Najera:This is in response to your letter dated July 6, 1999, transmitting the above referenced appeal. 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 the allegedly lawbreaking individuals was eliminated once these individuals had been arrested and incarcerated.In the second appeal, Los Angeles County (subgrantee) restates arguments from the first appeal that Federal Emergency Management Agency's (FEMA's) "cut-off" point for when the immediate threat ended is arbitrary and without foundation. The subgrantee states that the County's criminal law enforcement system is an unsegregable, continuous process, and the immediate threat was not abated until the system ran its full course. Further, the subgrantee states that prosecution, investigation, defense, trial and supervision are legally mandated procedures.FEMA has previously addressed the subgrantee's position in the response to the first appeal (see enclosure). The response to the first appeal accurately states that while the criminal justice activities were necessary and required by law, they were not required to eliminate or lessen an immediate threat. Pursuant to Title 44 of the Code of Federal Regulations (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. DSR 22510 provided funding in the amount of $13,844,907 for the work performed by the Sheriff's Department in response to the civil unrest, including the arrest of those individuals who posed a threat and the processing of these individuals into the county jail system.I have carefully reviewed the subgrantee's second appeal and have determined that the subgrantee has not sufficiently demonstrated that an immediate threat remained after the individuals were arrested and incarcerated. The subgrantee has not provided justification for the reversal of the Regional Director's determination. Therefore, I am denying the second appeal. Please inform the subgrantee of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.Sincerely,/S/Lacy E. SuiterExecutive Associate DirectorResponse and Recovery DirectorateEnclosurecc: Richard A. BuckDisaster Recovery ManagerFEMA Region IX

Appeal Analysis

Last updated Feb 4, 2020

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