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Home My WebLink AboutMINUTES - 04221997 - C43 TO: BOARD OF SUPERVISORS Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR COSta County DATE: April 17, 1997 rrq coup - SUBJECT: LEGISLATION: AB 599 (PRENTER) AND AB 920 (DAVIS) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. ADOPT a position of SUPPORT for AB 599 by Assemblyman Robert Prenter, which would declare the intent of the Legislature to appropriate $21 million each fiscal year for the next 25 years to be divided among 19 named forensic laboratories, including Contra Costa County's laboratory or any other legislation which includes essentially the same features as AB 599, including AB 920 (Assemblywoman Susan Davis). 2. AUTHORIZE the County's lobbyist to actively lobby in support of AB 599 and AB 920. BACKGROUND: .T Assemblyman Prenter has introduced AB 599 in an effort to upgrade forensic laboratories in the State. Assemblywoman Davis has introduced AB 920 which we understand will be amended to do essentially the same things as does AB 599. AB 599 notes that 75% of all forensic services are provided by 19 city or county forensic laboratories. Our Sheriffs criminalistic's laboratory is one of the named laboratories. AB 599 declares the intent of the Legislature to appropriate $21 million per years for the next 25 years to these laboratories. The Sheriff estimates that this County would receive between $750,000 and $800,000 per year if the appropriation were included in the State Budget. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ APPROVE OTHER SIGNATURE(S): &W� . 119a ACTION OF BOARD ON Anr"I 771 Q47 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: See Page 2 ATTESTED April 22, 1997 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) The Sheriff recommends that the Board of Supervisors support AB 599 and AB 920, which is also supported by the State Sheriffs' Association and the State District Attorneys' Association. cc: County Administrator Sheriff-Coroner District Attorney Les Spahnn Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 Casey Sparks Kaneko, Executive Director Urban Counties Caucus 1100 K Street, Suite 101 Sacramento, CA 95814 Steve Szalay, Executive Director California State Association of Counties 1100 K Street, Suite 101 Sacramento, CA 95814 -2- OFFICE OF THE SHERIFF Contra Costa County APR r 2 1997 Administration Division (510) 335-1500 i < J071 q Date: April 1, 1997 To: Claude L. Va Marter, sistant County Administrator From: Warren E. R riff Subject: Legislation: AB 599 (Prenter) I am aware of AB 599 and fully support its passage. I anticipate it would generate between $750,000 and $800,000 per year in this County for the Criminalistics Laboratory. The funds can be used for facilities, equipment or operations, but will require the laboratory to be accredited to continue to receive the funds. The amount generated should be adequate to allow the lab to achieve the accreditation. The bill is essentially identical to AB3398 which was introduced last year by Knox and Rainey. AB 599 was not sponsored by the State Sheriffs Association, but it has taken a position of support. The bill is also supported by the California District Attorney's Association. The Board of Supervisors should take a position of support for AB 599. I would also like Les Spahnn to actively lobby for this bill. For your information, AB 920 (Davis) has also been introduced and will be essentially identical to AB 599. Currently, Prenter and Davis are planning to co-author AB 920 and drop AB 599 because it is likely to be more successful with a Democrat as the primary author. However, these deals between Democrats and Republicans could dissolve at any time. The Board of Supervisors should also support AB 920 and Les Spahnn should be asked to lobby for its passage. WER:KH cc: George Roemer, Senior Deputy County Administrator AMENDED iN ASSEMBLY AI.`IdUL "', CALIFORNIA LEGISLATURE--1997-98 REGULAR SESSION ASSEMBLY BILL No. 99 Introduced by Assembly Member Prenter February 25, 1997 An act to add Chapter 10 (commencing with Section 13596) to 'Title 6 of Part 4 of the Penal Code, relating to the California Forensic Science Laboratory Enhancement Program. LEGISLATIVE COUNSEL'S DIGEST AB 599, as amended, Prenter. Office of Criminal Justice Planning: California Forensic Science Laboratory Enhancement Program. Existing law requires the Office of Criminal Justice Planning, among other things, to develop the comprehensive statewide plan for the improvement of criminal justice and delinquency prevention activity throughout the state, and to .develop comprehensive, unified, and orderly procedures to insure that all local plans and all state and local projects are in accord with the comprehensive state plan, and that ;all applications for grants are processed efficiently. This bill would require the Office of Criminal Justice Planning to establish and implement the California Forensic Science Laboratory Enhancement Program to assist local agencies in the maintenance of existing criminal forensic science laboratories located within specified local agencies. This bill would declare the intent of the Legislature to appropriate $21,000,000 each fiscal year from the General 98 AB 599 — 2 — Fund to the Office of Criminal Justice Planning for fiscal years 1 1997-98 to 2022-23, inclusive, for the sole purpose of providing funds to implement this act. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows. 1 SECTION 1. To ensure that the State of California 2 fulfills its obligation to protect the safety and welfare of 3 the citizens of this state, it is the intent of the Legislature 4 to create a 25-year program to assist local agencies in the 5 operation and construction of existing forensic science 6 laboratories. 7 The public policy which supports this decision of the 8 Legislature is that, statewide, 75 percent of all forensic 9 services is provided by 19 existing city, county, and city 10 and county forensic laboratories. 11 The Legislature further recognizes that in the past 10 12 years arrests for violent crimes increased in the state 95 13 percent. During the same period, funding for forensic 14 science laboratories increased only 37 percent. Most of 15 the 37 percent increase in funding has been used to add 16 new programs rather than to respond to the increasing 17 number of crimes. Unfortunately, this has forced local 18 forensic science laboratories to weigh the value of new 19 technology against the need to analyze the volume of 20 cases received. 21 The Legislature finds this approach to be unacceptable 22 to maintaining the safety and welfare of the people of the 23 State of California. It is important that local forensic 24 science laboratories be able to possess advanced 25 technology while handling the increased caseload. 26 SEC. 2. Chapter 10 (commencing with Section 13890) 27 is added to Title 6 of Part 4 of the Penal Code, to read: 28 98 - 3 — AB 599 1 CHAPTER 10. CALIFORNIA FORENSIC SCIENCE 2 LABORATORY ENHANCEMENT PROGRAM 3 4 13890. This chapter shall be known and may be cited 5 as the California Forensic Science Laboratory 6 Enhancement Act. 7 13891. (a) The Office of Criminal Justice Planning 8 shall establish and implement the California Forensic 9 Science Laboratory Enhancement Program to assist local 10 agencies in the maintenance of existing criminal forensic 11 science laboratories located within the following local 12 agencies: the El Cajon Police Department, the 13 Huntington Beach Police Department, the Long Beach 14 Police Department, the Los Angeles Police Department, 15 the Oakland Police Department, the San Diego Police 16 Department, the City and County of San Francisco Police 17 Department, the Alameda County Sheriff's Department, 18 the Contra Costa County Sheriff's Department, the 19 Fresno County Sheriff's Department, the Kern County 20 District Attorney's Office, the Los Angeles County 21 Sheriff's Department, the Orange County 22 Sheriff-Coroner's Department, the Sacramento County 23 District Attorney's Office, the San Bernardino County 24 Sheriff's Department, the San Diego County Sheriff's 25 Department, the San Mateo County Sheriff's 26 . Department, the Santa Clara County District Attorney's 27 Office, and the Ventura County Sheriff's Department. 28 (b) A local agency specified in subdivision (a) shall be 29 eligible for funding pursuant to this chapter only if the 30 laboratory of the agency meets all of the following 31 conditions: 32 (1) The laboratory has not less than one regularly 33 employed forensic scientist in the analysis of physical 34 evidence. t 35 (2) The laboratory is registered with the Drug 36 Enforcement Administration of the United States 37 Department of Justice for possession of all scheduled 38 controlled substances. 98 AB 599 — 4 - 1 - 4 -- 1 (3) If the laboratory performs blood, breath, and urine 2 alcohol analysis, it is licensed by the Department of' 3 Flealth Services to perform these analyses. 4 (4) The laboratory has been accredited by the 5 American Society of Crime Laboratory 6 Directors!Laboratory Accreditation Board by December 7 31., 9 2003. 8 13892. (a) Funds allocated to a local agency pursuant 9 to this chapter may be used only for the following 10 purposes: 11 (1) Construction, reconstruction, expansion, or 12 improvement of a forensic science laboratory, including, 13 but not limited to, retirement of bonded indebtedness, 14 loan repayment, and monthly payments for leases and for 15 those involving lease-purchase programs that reduce an 16 obligation incurred in reliance upon the authority 17 granted pursuant to this chapter. 18 (2) Implementation or continuation of laboratory 19 programs, including, but not limited to,' firearm 20 identification, gunshot residue analysis, blood and body 21 fluid typing, polymerase chain reaction deoxyribonucleic 22 acid (DIVA) analysis, restriction fragment length 23 polymorphism DNA analysis, hair and fiber analysis, 24 miscellaneous trace evidence analysis, imprint evidence 25 analysis, arson and explosives analysis, latent print 26 identification, blood, breath, and urine alcohol analysis, 27 toxicology analysis, controlled substance analysis, 28 questioned documents examination, and crime scene 29 examination, including personnel to provide these 30 services. 31 (b) Funds allocated to each local agency shall be 32 limited to an amount not to exceed a percentage 33 calculated by dividing the total population served by a 34 local agency specified in subdivision (a) of Section 13891 35 into the total population served by all 19 existing local 36 forensic science laboratories. 37 1.3893. (a) The Office of Criminal Justice Planning 38 shall, in the implementation of this chapter, do all of the 39 following: 98 - 5 — AB 599 rine' 1 (1) Monitor compliance with eligibility standards t of' 2 established in subdivision (b) of Section 13891. 3 (2) Monitor compliance regarding use of funds as the 4 established in subdivision (a) of Section 13892. tory 5 (3) Allocate funds to each eligible local agency in fiber 6 accordance with subdivision (b) of Section 13892. 7 (b) A local agency may apply to receive funds rant 8 pursuant to this chapter by submitting an application to ving 9 the Office of Criminal Justice Planning in a manner and 10 at a time determined by the office. The office shall or 11 develop an application form consistent with this chapter. I ing, 12 13894. It is the intent of the Legislature to appropriate less, 13 the sum of twenty-one million dollars ($21,000,000) each 1 for 14 fiscal year from the General Fund to the Office of an 15 Criminal Justice Planning, commencing with the 1997-98 )rity 16 fiscal year and concluding with the 2022-23 fiscal year, for 17 the sole purpose of providing funds to implement the tory 18 provisions of this chapter. arm ►ody oleic igth ysis, ,nee ,rint ysis, ysis, gene lese �. be Cage ,y a 3891 ocal .ling the O 98 98