HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 12122016 - PPC Agenda Pkt
PUBLIC PROTECTION
COMMITTEE
***SPECIAL MEETING***
December 12, 2016
10:00 A.M.
651 Pine Street, Room 107, Martinez
Supervisor Candace Andersen, Chair
Supervisor John Gioia, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. APPROVE Record of Action from the October 24, 2016 meeting. (Page 4)
4. CONSIDER interviewing applicants for the Community Representative seat and
CONSIDER recommending nominees for appointment to the CY2017 Community
Corrections Partnership (CCP) and CY2017 Community Corrections Partnership
Executive Committee. (Timothy Ewell, Committee Staff) (Page 7)
5. CONSIDER approving the calendar year 2016 Public Protection Committee Annual
Report for submission to the Board of Supervisors. (Timothy Ewell, Committee Staff)
(Page 29)
6.The next meeting has not yet been scheduled.
7.Adjourn
The Public Protection Committee will provide reasonable accommodations for persons with
disabilities planning to attend Public Protection Committee meetings. Contact the staff person
listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Public Protection Committee less than
96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Timothy Ewell, Committee Staff
Phone (925) 335-1036, Fax (925) 646-1353
timothy.ewell@cao.cccounty.us
PUBLIC PROTECTION COMMITTEE 3.
Meeting Date:12/12/2016
Subject:RECORD OF ACTION - October 24, 2016
Submitted For: PUBLIC PROTECTION COMMITTEE,
Department:County Administrator
Referral No.: N/A
Referral Name: RECORD OF ACTION - October 24, 2016
Presenter: Timothy Ewell, Committee Staff Contact: Timothy Ewell, (925) 335-1036
Referral History:
County Ordinance requires that each County body keep a record of its meetings. Though the
record need not be verbatim, it must accurately reflect the agenda and the decisions made in the
meeting.
Referral Update:
Attached for the Committee's consideration is the Record of Action for its October 24, 2016
meeting.
Recommendation(s)/Next Step(s):
APPROVE Record of Action from the October 24, 2016 meeting.
Fiscal Impact (if any):
No fiscal impart. This item is informational only.
Attachments
Record of Action - October 2016
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PUBLIC PROTECTION
COMMITTEE
***RECORD OF ACTION***
October 24, 2016
9:00 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Candace Andersen, Chair
Supervisor John Gioia, Vice Chair
Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee
Present: Candace Andersen, Chair
John Gioia, Vice Chair
1. Introductions
Convene - 9:06 AM
2. Public comment on any item under the jurisdiction of the Committee and not on this agenda
(speakers may be limited to three minutes).
No public comment.
3. APPROVE Record of Action from the September 26, 2016 meeting.
Approved as presented.
Chair Candace Andersen, Vice Chair John Gioia
AYE: Chair Candace Andersen, Vice Chair John Gioia
Passed
4. RECOMMEND nominees for appointment to seats on the CY2017 Community Corrections
Partnership & Executive Committee (see attachments).
Approved as presented with the following direction to staff:
1. Initiate a recruitment process for the Community Based Organization (CBO)
representative seat on the Community Corrections Partnership (CCP).
2. Set a special meeting date for December 12, 2016 to interview candidates for the CBO
representative seat and make final appointment recommendations to the Board of
Supervisors for the 2017 CCP.
Page 5 of 38
For Additional Information Contact: Timothy Ewell, Committee Staff
Phone (925) 335-1036, Fax (925) 646-1353
timothy.ewell@cao.cccounty.us
Vice Chair John Gioia, Chair Candace Andersen
AYE: Chair Candace Andersen, Vice Chair John Gioia
Passed
5. APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with
AtHoc Inc., in an amount not to exceed $3,800,000 for the provision of proprietary software
maintenance for the County's Community Warning System for the period of July 1, 2016
through June 30, 2021.
Approved as presented with the following direction to staff:
1. Forward to the Board of Supervisors for review and approval.
2. Expand current Community Warning System (CWS) referral to the Committee to
include contracts with CWS service providers.
Chair Candace Andersen, Vice Chair John Gioia
AYE: Chair Candace Andersen, Vice Chair John Gioia
Passed
6. The next meeting is currently scheduled for November 28, 2016.
The Committee canceled the November 28, 2016 meeting due to conflicts with the CSAC
conference and rescheduled the next meeting for December 12, 2016 at 10:00 AM.
7. Adjourn
Adjourned - 10:09 AM
The Public Protection Committee will provide reasonable accommodations for persons with disabilities planning to attend Public
Protection Committee meetings. Contact the staff person listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of
members of the Public Protection Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine
Street, 10th floor, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time.
Page 6 of 38
PUBLIC PROTECTION COMMITTEE 4.
Meeting Date:12/12/2016
Subject:APPOINTMENTS TO THE CY2017 COMMUNITY CORRECTIONS
PARTNERSHIP & EXECUTIVE COMMITTEE
Submitted For: David Twa, County Administrator
Department:County Administrator
Referral No.: N/A
Referral Name: APPOINTMENTS TO THE CY2017 COMMUNITY CORRECTIONS
PARTNERSHIP & EXECUTIVE COMMITTEE
Presenter: Timothy Ewell, (925)335-1036 Contact: Timothy Ewell, (925)335-1036
Referral History:
The California Legislature passed Assembly Bill 109 (Chapter 15, Statutes of 2011), which
transferred responsibility for supervising certain lower-level inmates and parolees from the
California Department of Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109
(AB109) took effect on October 1, 2011 and realigned three major areas of the criminal justice
system. On a prospective basis, the legislation:
• Transferred the location of incarceration for lower-level offenders (specified nonviolent,
non-serious, non-sex offenders) from state prison to local county jail and provides for an
expanded role for post-release supervision for these offenders;
• Transferred responsibility for post-release supervision of lower-level offenders (those released
from prison after having served a sentence for a non-violent, non-serious, and non-sex offense)
from the state to the county level by creating a new category of supervision called Post-Release
Community Supervision (PRCS);
• Transferred the custody responsibility for parole and PRCS revocations to local jail,
administered by county sheriffs
AB109 also created an Executive Committee of the local Community Corrections Partnership
(CCP) and tasked it with recommending a Realignment Plan (Plan) to the county Board of
Supervisors for implementation of the criminal justice realignment. The Community Corrections
Partnership is identified in statute as the following:
Community Corrections Partnership
Chief Probation Officer (Chair)1.
Presiding Judge (or designee)2.
County supervisor, CAO, or a designee of the BOS3.
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District Attorney4.
Public Defender5.
Sheriff6.
Chief of Police7.
Head of the County department of social services8.
Head of the County department of mental health9.
Head of the County department of employment10.
Head of the County alcohol and substance abuse programs11.
Head of the County Office of Education12.
CBO representative with experience in rehabilitative services for criminal offenders13.
Victims’ representative14.
Later in 2011, the Governor signed Assembly Bill 117 (Chapter 39, Statutes of 2011), which
served as “clean up” legislation to AB109. Assembly Bill 117 (AB117) changed, among other
things, the composition of the local CCP-Executive Committee. The CCP-Executive Committee
is currently identified in statute as the following:
Community Corrections Partnership-Executive Committee
Chief Probation Officer (Chair)1.
Presiding Judge (or designee)2.
District Attorney3.
Public Defender4.
Sheriff5.
A Chief of Police6.
The head of either the County department of social services, mental health, or alcohol and
drug services (as designated by the board of supervisors)
7.
Although AB109 and AB117 collectively place the majority of initial planning activities for
Realignment on the local CCP, it is important to note that neither piece of legislation cedes
powers vested in a county Board of Supervisors’ oversight of and purview over how AB109
funding is spent. Once the Plan is adopted, the Board of Supervisors may choose to implement
that Plan in any manner it may wish.
Each year, the PPC reviews the membership of the Community Corrections Partnership and makes
recommendations for appointment to non ex-offico seats to the Board of Supervisors. The Board has made these
appointments on a calendar year basis. Today's action is necessary to bring recommendations to the Board in
December, which will take effect on January 1, 2017.
Referral Update:
On October 24, 2016, the Public Protection Committee met to discuss the nominees for
appointment to the CY2017 Community Corrections Partnership and directed staff to post a
recruitment for applications to fill the Community Representative seat. On October 31, 2016, staff
issued a press release announcing the application. The deadline was initially set for November 28,
2016 for a four-week application period. On November 30, staff extended the deadline an
additional week to December 6, 2016. The County received two applications from interested
community members.
Recommendation(s)/Next Step(s):
Page 8 of 38
CONSIDER interviewing applicants for the Community Representative seat on the CY2017
Community Corrections Partnership.
RECOMMEND nominees for appointment to seats on the CY2017 Community Corrections
Partnership & Executive Committee (see attachments).
Fiscal Impact (if any):
No fiscal impact.
Attachments
CY2016 CCP Membership
CY2016 CCP Executive Committee Membership
CSAC Informational Letter
CY2017 CCP Community Seat applications
Page 9 of 38
EXHIBIT A ‐ 2016 COMMUNITY CORRECTIONS PARTNERSHIPSeatAppointeeTerm ExpirationChief Probation Officer (Chair)Todd Billeciex‐officioPresiding Judge (or designee)Magda Lopez (designee of Presiding Judge)ex‐officioCounty supervisor, CAO, or a designee of the BOSDavid J. Twa, County AdministratorDecember 31, 2016District AttorneyMark A. Petersonex‐officioPublic DefenderRobin Lipetzkyex‐officioSheriffDavid O. Livingstonex‐officioChief of PoliceAllan Cantando, City of AntiochDecember 31, 2016Head of the County department of social servicesKathy Gallagher, Employment and Human Services Directorex‐officioHead of the County department of mental healthCynthia Belon, Director of Behavioral Health Servicesex‐officioHead of the County department of employmentStephen Baiter, Executive Director‐Workforce Development Boardex‐officioHead of the County alcohol and substance abuse programsFatima Matal Sol, Interim Director of Alcohol and Other Drugsex‐officioHead of the County Office of EducationKaren Sakata, Incoming County Superintendent of Schoolsex‐officioCBO representative with experience in rehabilitative services for criminal offendersRoosevelt TerryDecember 31, 2016Victim's RepresentativeDevorah Levine, Zero Tolerance Program ManagerDecember 31, 2016Page 10 of 38
EXHIBIT B ‐ 2016 COMMUNITY CORRECTIONS PARTNERSHIP EXECUTIVE COMMITTEESeatAppointeeTerm ExpirationChief Probation Officer (Chair)Todd Billeciex‐officioPresiding Judge (or designee)Magda Lopez (designee of Presiding Judge)ex‐officioDistrict AttorneyMark A. Petersonex‐officioPublic DefenderRobin Lipetzkyex‐officioSheriffDavid O. Livingstonex‐officioChief of PoliceAllan Cantando, City of AntiochDecember 31, 2016Representative approved by BOS from the following CCP members: Kathy Gallagher, Employment and Human Services DirectorDecember 31, 2016 *Head of County department of Social Services *Head of County department of mental health *Head of County department of alcohol and substance abuse programsPage 11 of 38
MEMORANDUM
July 12, 2011
To: Members, Board of Supervisors
County Administrative Officers
From: Paul McIntosh
Executive Director
Re: AB 117 and the Community Corrections Partnership (CCP)
There continues to be a great deal of confusion and misunderstanding regarding
the changes in the Community Corrections Partnership (CCP) encompassed in
Assembly Bill 117 (Chapter 39, Statutes of 2011), passed as part of the 2011-12
budget. AB 117 did not change the make-up of the CCP, first formed in SB 678
in 2009, but does provide for revisions to the makeup of the CCP’s Executive
Committee, which originally was established in AB 109 (Chapter 15, Statutes of
2011).
The fourteen-member CCP in each county remains essentially unchanged and is
comprised of the following (Penal Code Section 1230.1):
Chief Probation Officer (Chair)
Presiding Judge (or designee)
County supervisor, CAO, or a designee of the BOS
District Attorney
Public Defender
Sheriff
Chief of Police
Head of the County department of social services
Head of the County department of mental health
Head of the County department of employment
Head of the County alcohol and substance abuse programs
Head of the County Office of Education
CBO representative with experience in rehabilitative services for criminal
offenders
Victims’ representative
AB 117 requires the CCP to prepare an implementation plan that will enable the
county to meet the goals of the public safety realignment. AB 117 is silent as to
what those goals may be and provides counties with flexibility in how to address
realignment. AB 117 does not abdicate the board of supervisor’s authority over
appropriations and does not enable the CCP to direct how realignment funds will
be spent.
Page 12 of 38
The seven-member CCP Executive Committee, as provided in AB 117, is
comprised of the following:
Chief Probation Officer (Chair)
Presiding Judge (or designee)
District Attorney
Public Defender
Sheriff
A Chief of Police
The head of either the County department of social services, mental health, or
alcohol and drug services (as designated by the board of supervisors)
Under AB 117, the CCP would develop an implementation plan and the
Executive Committee would vote to approve the plan and submit it to the board
of supervisors. The plan would be deemed accepted unless the board of
supervisors voted via a 4/5 vote to reject the plan and send it back to the CCP.
Concerns have been raised regarding why the CAO or board member is not part
of the Executive Committee and why a 4/5 vote is required to reject the plan.
CSAC’s role in the drafting of this component of AB 117 was as one of several
stakeholders involved in the public safety realignment. While most of the county
stakeholders maintained general agreement on realignment issues during each
phase of negotiations in general, there were disparate opinions in how the
planning process should unfold. CSAC felt strongly that the only way
realignment will be successful is if the planning effort results in a significant shift
away from a predominantly incarceration model and movement to alternatives to
incarceration. Therefore, it was critical that the planning process be structured to
encourage compromise in the CCP to reach the goals of the community in a
manner acceptable to the board of supervisors.
The CAO, as you know, must be in a position to remain objective and provide the
board of supervisors with unvarnished recommendations on matters that come
before them. Having the CAO or a board member as part of the Executive
Committee, and therefore casting a vote on the plan to be presented to the board
of supervisors, would represent a conflict of interest to the CAO or board member
and place them in a position that could compromise their independence. Rather,
this approach seemed to capture the best of both worlds – the CAO is part of the
planning process and can bring that global vision to that process but is also free
to make contrary recommendations to the board of supervisors should they
disagree with the ultimate plan adopted. Likewise with a member of the board of
supervisors being part of the executive committee.
Some have commented that the 4/5 vote requirement to reject the plan submitted
by the CCP limits local flexibility and discretion of the board of supervisors.
While the dynamics of the planning process will differ from county to county, the
goal was to force consensus within the CCP and the planning process and not
Page 13 of 38
provide an avenue for a participant to try to push their opinion outside of the CCP
with the board of supervisors. A super majority makes an “end run” difficult, but
still enables the board to reject the plan if the board disagrees with it. A 4/5 vote
requirement is not unusual, but does place a higher level of focus on the planning
process. It should be noted, as well, that counsel has opined that meetings of
the CCP and the Executive Committee will be subject to the Brown Act and all
discussions will be required to be conducted in a public meeting.
AB 117 is not a perfect solution but it represents a negotiated agreement that will
enable California’s counties to move forward with the dramatic changes
necessary to make realignment successful. Clearly the successful
implementation of realignment will require a significant paradigm shift in our
public safety communities. The successful model will not be an incarceration
model, but one that seeks to divert and rehabilitate citizens, returning them to be
productive members of our community. Hopefully, the construct of the CCP –
that is intended to drive the local public safety community to a consensus about a
“different way of doing business” - will ultimately lead to that approach.
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PUBLIC PROTECTION COMMITTEE 0.
Meeting Date:12/12/2016
Subject:CY2016 Annual Report
Submitted For: PUBLIC PROTECTION COMMITTEE,
Department:County Administrator
Referral No.: N/A
Referral Name: CY2016 Annual Report
Presenter: Timothy Ewell, Committee
Staff
Contact: Timothy Ewell, Committee Staff
(5-1036)
Referral History:
Each year, the Committee reviews its prior year activities and submits an annual report to the
Board of Supervisors. As part of that process, existing referrals are assessed as to whether they
should be continued to the next year, referred to a different Standing Committee or discontinued.
Referral Update:
Attached is a draft of the CY 2016 Public Protection Committee Draft Annual Report put together
by staff for review by the Committee.
Staff requests that the Committee review the attached documents and provide comments,
amendments and additional direction as necessary.
Recommendation(s)/Next Step(s):
1. APPROVE calendar year 2016 Public Protection Committee Annual Report for submission to
the Board of Supervisors;
2. PROVIDE direction to staff as appropriate.
Fiscal Impact (if any):
No fiscal impact.
Attachments
CY 2016 PPC DRAFT Annual Report
Page 29 of 38
RECOMMENDATION(S):
1. ACKNOWLEDGE that the Board of Supervisors referred (11) eleven issues to the Public Protection Committee
(PPC) for its review and consideration during 2016.
2. FIND that the 2016 PPC convened nine (9) meetings, worked through and provided an opportunity for public input
on a number of significant Countywide issues.
3. RECOGNIZE the excellent work of the County department staff who provided the requisite information to the PPC
in a timely and professional manner, and members of the Contra Costa community and other public agencies who,
through their interest in improving the quality of life in Contra Costa County, provided valuable insight into our
discussions, and feedback that helped us to formulate our policy recommendations.
4. ACCEPT year-end productivity report and APPROVE recommended disposition of PPC referrals described at the
end of this report.
FISCAL IMPACT:
No fiscal impact. This is an informational report only.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/20/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Timothy Ewell, (925)
335-1036
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: December 20, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 48
To:Board of Supervisors
From:PUBLIC PROTECTION COMMITTEE
Date:December 20, 2016
Contra
Costa
County
Subject:2016 YEAR-END REPORT ON ACCOMPLISHMENTS AND DISPOSITION OF REMAINING REFERRALS TO
THE PUBLIC PROTECTION COMMITTEE
Page 30 of 38
BACKGROUND:
The Public Protection Committee (PPC) was established on January 8, 2008 to study criminal justice and public
protection issues and formulate recommendations for consideration by the Board of Supervisors. At the December
12, 2016 meeting, the Committee discussed all issues currently on referral and has made the following
recommendations to the Board of Supervisors for the 2017 PPC work-plan:
1. Opportunities to Improve Coordination of Response to Disasters and Other Public Emergencies.
Approximately three weeks following the November 2007 Cosco Busan oil spill, the Sheriff’s Office of Emergency
Services (OES) presented to the Board of Supervisors its assessment of the emergency response efforts, including
what worked well and didn’t work well, and what lessons were learned through those experiences. At the conclusion
of the Board discussion, Supervisor Gioia introduced five recommendations that were approved by the Board.
On February 5, 2008 the Board of Supervisors referred this matter to the PPC for continuing development and
oversight. PPC received a status report from the Office of the Sheriff and Health Services Department in February
2009 and requested the Hazardous Materials Program Manager to report back to the PPC on the development of
mutual aid agreements from local oil refineries. Following a second briefing to the PPC by the Office of the Sheriff,
the PPC reported out to the Board of Supervisors on May 6, 2009 with recommendations for follow-up by the Sheriff
and Human Resources departments. The Health Services Department made a report to the PPC on April 19, 2010
regarding the resources and connections available to respond to hazardous materials emergencies and, again, on
October 18, 2010 regarding who determines which local official participates in incident command if an event is in
Contra Costa County. On December 5, 2011, Health Services reported to our Committee regarding training and
deployment of community volunteers.
In January 2008, the Board of Supervisors referred to the PPC the matter of improving public response to emergency
instructions and protocols through broader and better education, which had previously been on referral to the IOC.
The Board suggested that the PPC work with the Office of the Sheriff, the Health Services Department, and the
CAER (Community Awareness & Emergency Response) Program to determine what educational efforts are being
made and what additional efforts may be undertaken to improve public response and safety during an emergency. In
April 2011, the PPC met with CAER (Community Awareness Emergency Response) Executive Director Tony
Semenza and staff from the Office of the Sheriff and Health Services to discuss what has been done to better inform
the public and what more can be done to improve public response to emergency warnings. CAER provided a thorough
report on its countywide community fairs, and programs targeted at the education system and non-English speaking
populations. The PPC asked CAER to provide a written outreach strategy that describes how new homeowners are
educated about emergency awareness. The Sheriff's Office of Emergency Services provided an update to the
Committee at the April 13, 2015 meeting. In addition, the draft update of the Countywide Emergency Operations
Plan (EOP) was reviewed and forwarded to the BOS for review and approval in 2015. Since there will be
oppurtunities for the review of future updates to the EOP, we recommend that this issue remain on referral to the
Committee.
Recommendation: REFER to the 2017 PPC
2. Welfare Fraud Investigation and Prosecution. In September 2006, the Employment and Human Services (EHS)
Department updated the Internal Operations Committee (IOC) on its efforts to improve internal security and loss
prevention activities. The IOC had requested the department to report back in nine months on any tools and
procedures that have been developed and implemented to detect changes in income eligibility for welfare benefits.
The EHS Director made follow-up reports to IOC in May and October 2007, describing what policies, procedures,
and practices are employed by the Department to ensure that public benefits are provided only to those who continue
to meet income eligibility requirements, explaining the complaint and follow-through process, and providing
statistical data for 2005/06, 2006/07, and for the first quarter of 2007/08.
Upon creation of the PPC in January 2008, this matter was reassigned from the IOC to the PPC. PPC has received
status reports on this referral in October 2008, June and October 2010, November 2011, November 2012 and, most
recently, in December 2013. The Committee has reviewed the transition of welfare fraud collections from the former
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Office of Revenue Collection to the Employment and Human Services Department; the fraud caseload and
percentage of fraud findings; fraud prosecutions and the number of convictions; and the amounts recovered.
The Committee received it's annual report on this subject from the District Attorney and Employment and Human
Services Director on September 26, 2016. The Committee wishes to continue monitoring the performance of the
welfare fraud program annually. It is recommended that this matter be retained on referral.
Recommendation: REFER to the 2017 PPC
3. Multi-Language Capability of the Telephone Emergency Notification System. This matter had been on referral
to the IOC since 2000 and was reassigned to the PPC in January 2008. The PPC met with Sheriff and Health Services
Department staff in March 2008 to receive an update on the County’s efforts to implement multilingual emergency
telephone messaging. The Committee learned that the Federal Communications Commission has before it two
rulemaking proceedings that may directly affect practices and technology for multilingual alerting and public
notification. Additionally, the federally-funded Bay Area “Super Urban Area Safety Initiative” (SUASI) has selected
a contractor undertake an assessment and develop a five-year strategic plan on notification of public emergencies,
with an emphasis on special needs populations. The Sheriff’s Office of Emergency Services reported to the PPC in
April 2009 that little has changed since the March 2008 report.
On October 18, 2010, the PPC received a report from the Sheriff’s Office of Emergency Services on the Community
Warning and Telephone Emergency Notification systems, and on developments at the federal level that impact those
systems and related technology. Sheriff staff concluded that multi-lingual public emergency messaging is too
complex to be implemented at the local level and should be initiated at the state and federal levels. New federal
protocols are now being established to provide the framework within which the technological industries and local
agencies can work to develop these capabilities.
In 2011, the Office of the Sheriff has advised staff that a recent conference on emergency notification systems
unveiled nothing extraordinary in terms of language translation. The SUASI project had just commenced and Sheriff
staff have been on the contact list for a workgroup that will be developing a gap analysis, needs assessment, and
five-year strategic plan. This matter has been on committee referral for more than ten years and technology has yet to
provide a feasible solution for multilingual public emergency messaging.
On September 18, 2012, following the Richmond Chevron refinery fire, the Board of Supervisors established an ad
hoc committee to discuss the Community Warning System and Industrial Safety Ordinance. Since that committee is
ad hoc in nature, we recommend that this issue remain on referral to the PPC.
The PPC received two updates on this issue in CY 2015; one on April 13, 2015 and one on November 9, 2015.
Following the November 2015 discussion, the Committee requested the Sheriff's Office to return in six months for an
update.
On May 23, 2016, the Committee received an update from the Sheriff's Office on the status of the TEN system and
directed staff to provide a summary of the CWS/Emergency services protocols for future review of the Committee
and prepare a handout in both English and Spanish that summarizes emergency services protocols. The Committee
continues to have interest in monitoring the implementation of a multi-lingual telephone ring down system for
emergencies. For this reason, this issue should remain on referral to the Committee in 2017.
Recommendation: REFER to the 2017 PPC
4. County support and coordination of non-profit organization resources to provide prisoner re-entry services,
implementation of AB 109 Public Safety Realignment, and appointment recommendations to the Community
Corrections Partnership . On August 25, 2009, the Board of Supervisors referred to the PPC a presentation by the
Urban Strategies Council on how the County might support and coordinate County and local non-profit organization
resources to create a network of re-entry services for individuals who are leaving jail or prison and are re-integrating
in local communities. On September 14, 2009, the PPC invited the Sheriff-Coroner, County Probation Officer,
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District Attorney, Public Defender, Health Services Director, and Employment and Human Services Director to hear
a presentation by the Urban Strategies Council. The PPC encouraged County departments to participate convene a
task force to work develop a network for prisoner re-entry services, which has been meeting independently from the
PPC.
The PPC received a status report from County departments in April 2010. The Employment and Human Services
department reported on its efforts to weave together a network of services, utilizing ARRA funding for the New Start
Program and on the role of One-Stop Centers in finding jobs for state parolees. Probation reported on the impacts of
the anticipated flood of state parolees into the county. The Sheriff reported on the costs for expanding local jail
capacity and possible expanded use of GPS (global positioning systems) use in monitoring state parolees released
back to our county. The Health Services Department reported on its Healthcare for the Homeless Program as a means
to get parolees into the healthcare system and on its development of cross-divisional teams on anti-violence. The
Public Defender reported on its Clean State Program, which has since been discontinued.
Supervisors Glover and Gioia indicated that their staff would continue to coordinate this local initiative when the
Urban Strategies Council exhausts its grant funding from the California Endowment. The PPC continued to monitor
progress on the initiative and, on February 7, 2011, received a presentation of the completed strategic plan and
recommendations. In response to public testimony at the PPC meeting regarding concerns over the "Ban the Box"
element of the plan, the plan recommendations were modified to exclude from the "Ban the Box" requirement certain
identified sensitive positions in public safety and children’s services or as determined by the agency.
On March 22, 2011, representatives from the Urban Strategies Council presented the completed Contra Costa County
Re-entry Strategic Plan (100 pages), an Executive Summary (6 pages) of the plan, and a slide show to the Board of
Supervisors, which approved the strategic plan and implementation recommendations with one modification: rather
than adopt a 'Ban the Box' policy as recommended, which would have removed the question about criminal records
from county employment applications during the initial application, the Board agreed to consider adopting such a
policy at a future date. The Board directed the County Administrator to work with the offices of Supervisors Glover
and Gioia to identify the resources needed to implement the strategic plan and to report back to the Board with his
findings and recommendations.
Later in 2011, the California Legislature passed the Public Safety Realignment Act (Assembly Bills 109), which
transfers responsibility for supervising specific low-level inmates and parolees from the California Department of
Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109 (AB 109) takes effect October 1, 2011 and
realigns three major areas of the criminal justice system. On a prospective basis, the legislation:
• Transfers the location of incarceration for lower-level offenders (specified non-violent, non-serious, non-sex
offenders) from state prison to local county jail and provides for an expanded role for post-release supervision for
these offenders;
• Transfers responsibility for post-release supervision of lower-level offenders (those released from prison after
having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the county level by
creating a new category of supervision called Post-Release Community Supervision (PRCS);
• Transfers the housing responsibility for parole and PRCS revocations to local jail custody
AB 109 also tasked the local Community Corrections Partnership (CCP) with recommending to the County Board of
Supervisors a plan for implementing the criminal justice realignment, which shall be deemed accepted by the Board
unless rejected by a 4/5th vote. The Executive Committee of the CCP is composed of the County Probation Officer
(Chair), Sheriff-Coroner, a Chief of Police (represented by the Concord Police Chief in 2014), District Attorney,
Public Defender, Presiding Judge of the Superior Court or designee, and the Behavioral Health Director.
On October 4, 2011, the Board of Supervisors approved the CCP Realignment Implementation Plan, including
budget recommendations for fiscal year 2011/12. Throughout 2012, the PPC received regular status updated from
county staff on the implementation of public safety realignment, including recommendations from the CCP-Executive
Committee for 2012/13 budget planning. On January 15, 2013 the Board of Supervisors approved a 2012/13 budget
for continuing implementation of public safety realignment programming.
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The Committee received several reentry/AB 109 related presentations and updates throughout 2014, including
program updates, review of the proposed fiscal year 2014/15 AB 109 Public Safety Realignment budget and made
appointment recommendations to the Board of Supervisors for the CY 2015 Community Corrections Partnership. In
addition, the Committee evaluated the feasibility of submitting a grant proposal for the 2014 Byrne Justice
Assistance Grant (JAG) released by the California Board of State and Community Corrections.
As public safety realignment is a work in progress and continues to make up a substantial part of the Committee's
time. In 2016, the Committee reviewed the FY 2016/17 AB 109 budget proposed by the CCP, made appointment
recommendations for the CY2017 CCP and CCP-Executive Committee to the Board of Supervisors and advised on
grant programs that tie into AB 109 programming infrastructure. In addition, the Committee reviewed the process for
allocating the Community Programs portion of the AB109 budget, which was composed of four separate RFPs for: 1)
Employment and Placement services, 2) Short and Long-Term Housing services, 3) Monitoring and Family
Reunification services and 4) Legal services. In addition, the Committee reviewed the first AB109 Annual Report
assembled by Resource Development Associates on behalf of the Community Corrections Partnership and a
recommendation to establish an Office of Reentry and Justice in the County Administrator's Office. It is
recommended that this matter remain on referral to the 2017 PPC.
Recommendation: REFER to the 2017 PPC
5. Countywide 9-1-1 Wireless Capability. On December 14, 2010, the Board of Supervisors referred to the PPC a
letter from the Emergency Medical Care Committee regarding the transmission of 9-1-1 emergency calls from
cellular phones to the appropriate Public Safety Answering Point (PSAP). Our Committee met with representatives
from the Office of the Sheriff on April 4 to discuss the status of establishing Sheriff's Dispatch as the PSAP for
county unincorporated area wireless emergency calls.
Sheriff Department staff advised that the County is not accepting wireless 9-1-1 calls at this time. Staff explained that
the GPS (global positioning system) technology exists to enable Sheriff's Dispatch to receive 9-1-1 system emergency
calls from cellular phones and to locate the emergency location within some degree of precision. However, due to
several years of tight budgets, Sheriff's Dispatch is not currently staffed at a level that is adequate to respond to the
call volume associated with the wireless 9-1-1 calls, which are currently routed to the appropriate PSAP by the
California Highway Patrol (CHP).
While our committee believes that transferring responsibility for handling wireless 9-1-1 calls from the CHP to
Sheriff's Dispatch would be more efficient and would improve response time, it is unlikely that the County will be in
a position, fiscally, to assume this responsibility. The PPC reported on April 12, 2011 to the Board of Supervisors
and requested the Office of the Sheriff to provide a status report to the PPC in the spring of 2012 to advise if any
outside funding becomes available to support such a transition of responsibility.
On April 2, 2012, the PPC (Supervisor Glover only; Supervisor Uilkema was absent) received a status report
prepared by the Office of the Sheriff on the process that has been initiated to make the partial or full transition of
9-1-1 dispatching from the CHP to the Sheriff a reality within funding constraints. The Sheriff reports that if fully
implemented, the call volume for Sheriff’s Dispatch is projected to nearly double (from 56,000 calls to about 100,000
calls annually). Since the County can expect no additional outside revenue or other resources to support the increased
call volume, the Sheriff is planning a phased implementation at a rate and call volume that current resources will
permit. The phased implementation beginning with smaller carriers will provide the necessary experience and
feedback to inform future implementation phases. New carriers will not be added unless the previous carrier can be
effectively managed.
On April 17, 2012, the PPC provided an update to the Board of Supervisors on this topic and recommended
continued monitoring of this referral. Staff was directed to only schedule for a future meeting at the request of the
Sheriff-Coroner. Since there has been no activity on this topic for the last several years, we recommend terminating
this referral for the 2017 PPC
Recommendation: TERMINATE REFERRAL
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6. Civil gang injunctions. This matter was referred to the PPC on May 12, 2011 at the request of the District
Attorney, who suggested under Public Comment at the April 4, 2011 PPC meeting that the Committee consider the
use of gang injunctions to help prevent gang violence. The District Attorney has advised committee staff that he is
currently focusing on implementing a Ceasefire Program with Richmond Police Department and has requested that
this referral be postponed until further notice. The referral was only to be scheduled at the request of the District
Attorney. Since there has been no activity on this referral by the District Attorney over the past several years, we
recommend terminating the referral.
Recommendation: TERMINATE REFERRAL
7. Report on Emergency Gas Shut Off Valves for various structures in Unincorporated Contra Costa County.
On September 25, during a presentation on Emergency Preparedness within Contra Costa County, the Board of
Supervisors referred to the Public Protection Committee a report on the county Gas Shut-Off valve ordinance
(Ordinance Code § 718-8 et seq.). Originally, the former Building Inspection Department was responsible for
regulation related to the Ordinance, now the Department of Conservation and Development (DCD) provides
oversight through its Building Inspection Division. On November 5, 2012, the Conservation and Development
Department provided a review of the program. The Committee requested additional information from staff at the
February 2013 regular meeting. The Department returned to the Committee in February 2013 and presented the
requested information. The Committee accepted the staff report and recommended no further action.
On May 11, 2015, the Department provided an update to the Committee on the status of the ordinance. Following the
presentation and discussion, the Committee had no further direction for staff, but indicated that the referral should
remain with the Committee. During 2016, there were no issues under this topic that required scheduling on the
Committee's calendar. For this reason, we believe that this issue should be terminated.
Recommendation: TERMINATE REFERRAL
8. Inmate Welfare Fund/Telecommunications/Visitation Issues. On July 16, 2013, the Board of Supervisors
referred a review of the Inmate Welfare Fund (IWF) and inmate visitation policies to the Public Protection
Committee for review. The Inmate Welfare Fund is authorized by Penal Code § 4025 for the “…benefit, education,
and welfare of the inmates confined within the jail.” The statute also mandates that an itemized accounting of IWF
expenditures must be submitted annually to the County Board of Supervisors.
The Sheriff's Office has made several reports to the Committee throughout 2013 and 2014 regarding funding of IWF
programs, visitation/communication policies and an upcoming RFP for inmate telecommunications services. The
referral was placed on hold pending further discussion and outcomes of state and federal level changes to statute or
rulemaking that could curtail the collection of telephone commissions individuals contacting inmates and wards
housed in county adult and juvenile detention facilities normally pay. Such changes could potentially impact
programming provided within the County's detention facilities.
In late 2015, the Federal Communications Commission (FCC) issued new regulations significantly curtailing the
costs charged to inmates or the families of inmates for use of a jail or prison telecommunications system. During
2016, the final rulemaking process was anticipated by the FCC. Ultimately, the FCC passed updated regulations
related to telecommunications in detention facilities. For this reason, this issue should remain on referral to the
Committee in 2017.
Recommendation: REFER to the 2017 PPC (to be scheduled at the request of the Sheriff-Coroner)
9. Racial Justice Coalition of Contra Costa County . On April 7, 2015, the Board of Supervisors received a letter
from the Contra Costa County Racial Justice Coalition requesting review of topics within the local criminal justice
system. The Public Protection Committee (the "Committee") generally hears all matters related to public safety
within the County.
On July 6, 2015, the Committee initiated discussion regarding this referral and directed staff to research certain items
identified in the Coalition's letter to the Board of Supervisors and return to the Committee in September 2015.
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On September 14, 2015, the Committee received a comprehensive report from staff on current data related to race in
the Contra Costa County criminal justice system, information regarding the County's Workplace Diversity Training
and information regarding diversity and implicit bias trainings and presentations from across the country.
On December 14, 2015, the Committee received an update from the Public Defender, District Attorney and Probation
Department on how best to proceed with an update to the Disproportionate Minority Contact (DMC) report
completed in 2008. At that time, the concept of establishing a new task force was discussed. The Committee directed
the three departments above to provide a written project scope and task force composition to the Committee for final
review.
At the November 9, 2015 meeting, the Committee received a brief presentation reintroducing the referral and
providing an update on how the DMC report compares with the statistical data presented at the September meeting.
Following discussion, the Committee directed staff to return in December 2015 following discussions between the
County Probation Officer, District Attorney and Public Defender with thoughts about how to approach a new DMC
initiative in the County.
On April 12, 2016, the Board of Supervisors accepted a report and related recommendations from the Committee
resulting in the formation of a 17-member Disproportionate Minority Contact Task Force composed of the following:
•County Probation Officer
•Public Defender
•District Attorney
•Sheriff-Coroner
•Health Services Director
•Superior Court representative
•County Police Chief’s Association representative
•Mount Diablo Unified School District representative
•Antioch Unified School District representative
•West Contra Costa Unified School District representative
•(5) Community-based organization (CBO) representatives (at least 1 representative from each region of the County
and at least one representative from the faith and family community)
•Mental Health representative (not a County employee)
•Public Member – At Large
Subsequently, a seven-week recruitment process was initiated to fill the (5) five CBO representative seats, the (1) one
Mental Health representative seat and the (1) one Public Member - At Large seat. The deadline for submissions was
June 15, 2016 and the County received a total of 28 applications.
On June 27, 2016, the PPC met to consider making appointments to the (5) five CBO representative seats, the (1) one
Mental Health representative seat and the (1) one Public Member - At Large seat. The PPC nominated to following
individuals to be considered by the full Board of Supervisors:
1.CBO seat 1: Stephanie Medley (RYSE, AB109 CAB) (District I)
2.CBO seat 2: Donnell Jones (CCISCO) (District I)
3.CBO seat 3: Edith Fajardo (ACCE Institute) (District IV)
4.CBO seat 4: My Christian (CCISCO) (District V, but works in District III)
5.CBO seat 5: Dennisha Marsh (First Five CCC; City of Pittsburg Community Advisory Council) (District V)
6.Mental Health: Christine Gerchow, PhD. (Psychologist, Juvenile Hall-Martinez) (District IV)
7.Public (At-Large): Harlan Grossman (Past Chair AB 109 CAB, GARE participant) (District II)
During the meeting, it was noted that Ms. Christine Gerchow had an exceptional background in mental health that
would be very beneficial to the Task Force discussions. Ms. Gerchow is a County employee in the Health Services
department working in the juvenile hall. In light of Ms. Gerchow's qualifications, the Committee voted to recommend
her for appointment to the Mental Health representative seat and request that the full Board remove the requirement
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that the Mental Health representative not be a County employee. At the conclusion of the of the meeting, the
Committee directed staff to set a special meeting for early August to consider the final composition of the entire (17)
seventeen member Task Force once all names were received from county departments, school districts, etc. In
addition, the Committee recommended changing the title of the Task Force to the "Racial Justice Task Force", which
was determined to be more reflective of the current efforts to evaluate racial disparities in the local criminal justice
system.
On August 15, 2016, the Committee approved nominations for appointment to the Task Force for consideration by
the Board of Supervisors, including a recommendation that the Superior Court designee seat be a non-voting member
of the Task Force at the request of the Superior Court.
On September 13, 2016, the Board of Supervisors approved the Task Force. The Task Force will make reports to the
Public Protection Committee as needed. For this reason, the referral should be continued to the 2017 PPC
Recommendation: REFER to the 2017 PPC
10. Review of Juvenile Fees assessed by the Probation Department. On July 19, 2016, the Board of Supervisors
referred to the Public Protection Committee a review of fees assessed for services provided while a minor is in the
custody of the Probation Department. Welfare and Institutions Code 903 et seq. provides that the County may assess
a fee for the provision of services to a minor in the custody of its Probation Department. This referral follows a
statewide discussion as to whether or not these fees should be imposed by counties on the parents or legal guardians
of minors in the custody of the County.
On September 26, 2016, the Public Protection Committee accepted an introductory report on the issue and voted
unanimously to refer the issue to the full Board of Supervisors with two separate options: 1) to adopt a temporary
moratorium on the fees and/or 2) refer the issue to the newly formed Racial Justice Task Force for review.
On, October 25, 2016, the Board of Supervisors approved a moratorium on certain juvenile fees and directed staff to
further review the assessment of juvenile fees and report back to the Public Protection Committee. Ultimately, the
Board directed staff and the Committee to return back to the full Board no later than May 2017 with a
recommendation as to whether or not juvenile fees should be permanently repealed. For this reason, we recommend
that this referral remain with the 2017 PPC.
Recommendation: REFER to the 2017 PPC
11. Review of Community Warning System Operating Contracts . AtHoc Inc., is a full-service alert and warning
company specializing in fixed siren systems and emergency notification systems. Alerting Solutions, Inc., provides
support for the Contra Costa County Community Warning System. The Contra Costa County Community Warning
System consists of 25 separate and linked control centers, monitoring systems, and communication systems between
emergency responders, sirens (40), and other alerting devices (700+), and automated links to radio and television
stations serving the community.
On October 18, 2016, the Board of Supervisors referred this contract to the Public Protection Committee for
additional review and discussion and on October 24, 2016, the Committee met to discuss this item. Representatives
from the Sheriff's Office were present to discuss the item and it's importance to the County's Community Warning
System (CWS) operations. Following that discussion, the Committee recommended that the contract be rescheduled
on the Board of Supervisors' agenda for approval, but directed staff to continue reporting on CWS operating contracts
on a periodic basis. Since the Committee has an existing referral on the CWS telephone electronic notification system
(TENS), we are recommending that this referral be combined with the TENS referral that the Committee receives
coordinated updates on both issues in the future.
Recommendation: COMBINE with existing referral on the Community Warning System - Telephone
Electronic Notification (TEN) system
LIST OF REFERRALS TO BE TERMINATED
Report on Emergency Gas Shut Off Valves for various structures in unincorporated Contra Costa CountyPage 37 of 38
Report on Emergency Gas Shut Off Valves for various structures in unincorporated Contra Costa County
Directing 9-1-1 emergency calls to the appropriate Public Safety Answering Point (schedule at the request of
the Sheriff)
Civil gang injunctions (schedule at the request of the District Attorney)
Review of Community Warning System operating contracts (combined with existing referral on Multilingual
capabilities of the TENs system)
LIST OF ITEMS TO BE REFERRED TO THE
2017 PUBLIC PROTECTION COMMITTEE
Welfare fraud investigation and prosecution
Multilingual capabilities of the telephone emergency notification system
County support and coordination of non-profit organization resources to provide prisoner re-entry services and
implementation of AB109 public safety realignment
Inmate Welfare Fund/Telecommunications/Visitation Issues
Opportunities to improve coordination of response to disasters and other public emergencies
Racial Justice Coalition of Contra Costa County
Review of juvenile fees assessed by the Probation Department
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors will not receive the annual report from the 2016 Public Protection Committee.
CHILDREN'S IMPACT STATEMENT:
No impact.
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