HomeMy WebLinkAboutMINUTES - 01182011 - C.70RECOMMENDATION(S):
ADOPT Resolution No. 2011/27 requiring HIV (human immunodeficiency virus) testing of individuals charged with
sexual assault crimes no later than 48 hours after the filing of the Information or Indictment.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The County of Contra Costa is the recipient of a grant in the amount of $4,227,924 from the U.S. Department of
Justice’s (DOJ) Community Defined Solutions to Violence Against Women (formerly Grants to Encourage Arrest)
grant program. The program is designed to strengthen law enforcement and prosecution of cases involving domestic
violence, sexual assault, dating violence or stalking.
One of the grant conditions states that 5% of the grant will be withheld unless the County certifies that it has a law or
regulation that requires: (1) the local government at the request of a victim to administer to a defendant, against
whom an information or indictment is presented for a crime which, by force or threat of force, the perpetrator
compels the victim to engage in
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 01/18/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: DEVORAH LEVINE (925)
313-1524
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: January 18, 2011
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: District Attorney, County Administrator, Zero Tolerance Program Admin
C.70
To:Board of Supervisors
From:Mark Peterson, District Attorney
Date:January 18, 2011
Contra
Costa
County
Subject:Resolution requiring HIV testing of individuals charged with sexual assault crimes within 48 hours
BACKGROUND: (CONT'D)
sexual activity, testing for the immunodeficiency virus (HIV) not later than 48 hours after the date on which the
information or indictment is presented; (2) as soon as practicable notification to the victim, or parent and guardian of
the victim, and defendant of the testing results; and (3) follow-up tests for HIV as may be medically appropriate, and
that as soon as practicable after each such test the results be made available.
Courts are statutorily authorized to issue search warrants, at the request of the victim, to test the blood of an accused
person who has been charged with force or threat of force to engage in sexual activity (California Penal Code Section
1524.1). However, the statute does not specify when the testing must be completed.
CONSEQUENCE OF NEGATIVE ACTION:
If the resolution is not adopted, the County, as grantee, would forfeit 5% of the grant funding described above
($171,396) – funds which are passed through the County to support the Community Defined Solutions to Violence
Against Women Program. The amount that would be forfeited is based on $50,000 for the most recently awarded
grant, plus an additional $121,396 based on DOJ’s retroactive application of the requirement to two previous grant
cycles.
CHILDREN'S IMPACT STATEMENT:
No Impact.