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Home My WebLink AboutMINUTES - 01252005 - SD3 400 ore BOARD OF SUPERVISORS Contra FROM: County Administrator0 's Costa O% t DATE: January 25, 2005 - ` '� °° y �� Count SrAcovK'� SUBJECT: IMPLEMENTATION OF THE DNA FINGERPRINT, UNSOLVED CRIME AND INNOCENCE PROTECTION ACT (Proposition 69) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. ACKNOWLEDGE that on November 2, 2004, Proposition 69 was approved by the voters to amend the California Penal Code and California Government Code with the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, thereby expanding and modifying state law related to collection and use of criminal offender DNA samples. 2. DIRECT the County Administrator to work with impacted agencies, including the Sheriff's Office, Probation Department, District Attorney, Superior Court, Court Collections, and Mental Health Facilities, in implementing the new law. 3. REQUEST the Superior Court to levy an additional penalty of$1 for every$10 in fines, penalties, and forfeitures ordered in all criminal cases, including all offenses of the Vehicle Code, except parking offenses, as authorized in the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (Government Code 76104.6). 4, ESTABLISH Fund #115600 and Department#0275 as the DNA Identification Fund and deposit all surcharge money collected from fines, penalties, and forfeitures in criminal cases pursuant to the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (Government Code 76104.6(a)). 5. RETURN to the Board with revenue estimates and proposed allocations for cost reimbursement to agencies participating in Proposition 69 activities. FISCAL IMPACT The DNA Fingerprint, Unsolved Crime and Innocence Protection Act directs the Superior Courts to levy an additional penalty of one dollar for every ten dollars ($10) upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including Vehicle Code violations, except parking offenses. These funds are to be deposited into a separate DNA Identification Fund in the County Treasury. Annually, the County will transfer money from the County's DNA Identification Fund, together with any interest earned, to the State Controller for credit to the state's DNA Identification Fund. In the first two calendar years, 70% of the amounts collected will go to the State. In the third year, 50%, and in the fourth and fifth year, 25% will go to the State. Funds remaining in the County's DNA Identification Fund may on be used to reimburse the Sheriff or other law enforcement agencies to collect DNA specimens, samples, and print impressions. CONTINUED ON ATTACHMENT: _X YES SIGNATURE: ./RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): oe ao �I Action of Boar on: O Approved as Recommended_ Other 1W VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT, M0l1LO __) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: f ATTESTED ��)�03 CONTACT: Lisa Driscoll(335-1023) / JOHN SWEETEN,CLERKOF THE BOARD OF Cc: Superior Court AdministRation t/ SUPERVISORS AND COUNTY ADMINISTRATOR Office of the Sheriff County Administration BY ,DEPUTY Probation District Attorney Mental Health lop BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On November 2, 2004, voters approved Proposition 69 amending the California Penal Code and California Government Code with the DNA Fingerprint, Unsolved Crime and Innocence Protection Act thereby expanding and modifying state law related to collection and use of criminal offender DNA samples. With the passage of Proposition 69, DNA information for every felon, including those currently incarcerated or on probation or parole, will be contained in the State's DNA Data Bank, which will greatly enhance law enforcement's ability to solve crimes. The new law now requires the following persons to submit DNA samples to the Cal-DNA Data Bank: • Adults convicted of felony • Allregistered sex and arson offenders (both felonies and misdemeanors) • Juveniles adjudicated for or convicted of any felony • Adults and Juveniles housed in mental health/sex offender treatment programs for felony offenses • Any person required to provide DNA samples as a condition of a plea • Adults arrested for a murder, voluntary manslaughter, any PC 290 felony sex offense, or an attempt to commit of these crimes • Starting in 2009, any adult arrested for a felony offense Most voter approved initiative measures, including Proposition 69, take effect immediately after passage. Implementation of Proposition 69 creates new requirements for criminal offenders, law enforcement and correctional agencies, mental health and sex offender treatment facilities, and the judiciary. In Contra Costa County, the initiative will impact the Sheriffs Office (Patrol and Jail), the Probation Department (Supervision and Juvenile Facilities), the District Attorney, the Superior Courts, Court Collections, and Mental Health Facilities. Currently, DNA is collected with blood/saliva samples. Under Proposition 69, DNA samples will be collected from qualifying offenders through the form of a buccal swab (inner cheek scraping). The State is assembling buccal swab collection kits to be available in early 2005. In addition to the buccal swab samples, the right thumb print, and full palm print from each hand is required. Proposition 69 does include provision for counties to be reimbursed for the costs of obtaining specimens, samples, and print impressions. Specifically, the legislation adds Section 76104.6 to the Government Code and levies an additional penalty of one dollar for every ten dollars ($10) to be collected with every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses involving a violation of the Vehicle Code (excludes parking offenses). The initiative requires the Board of Supervisors to establish in the county treasury a DNA Identification Fund for deposit of the funds collected. Part of the money in the County's DNA Identification Fund will be transferred to the State Controller for credit to the state's DNA Identification Fund. In the first two calendar years, 70% of the amounts collected including interest earned will go to the State. In the third year, 50% and in the fourth year 25% will go to the State. Funds remaining in the County's DNA Identification Fund may only be used to reimburse local sheriff or other law enforcement agencies to collect DNA specimens.