HomeMy WebLinkAboutMINUTES - 06052007 - SD.3 TO: BOARD OF SUPERVISORS s L Contra
's Costa
FROM: JOHN CULLEN, County Administrator
° County
DATE: JUNE 5, 2007 c°srA couK �y c
SUBJECT: RESPONSE TO GRAND JURY REPORT NO. 0704, ENTITLED "COUNTY S �
CRIME LAB: HIGH QUALITY TEST RESULTS, CHRONICALLY DELAYED"
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE response to Grand Jury Report No. 0704, entitled "COUNTY CRIME LAB: HIGH
QUALITY TEST RESULTS, CHRONICALLY DELAYED" and DIRECT the Clerk of the Board to
forward the response to the Superior Court no later than June 11, 2007.
BACKGROUND:
On March 13, 2007, the 2006/2007 Grand Jury filed the above-referenced report, which was reviewed
by the Board of Supervisors and subsequently referred to the County Administrator and Sheriff-
Coroner, who jointly prepared the attached response that clearly specifies:
A. Whether a finding or recommendation is accepted or will be implemented;
B. If a recommendation is accepted, a statement as to who will be responsible for
implementation and by what definite target date;
C. A delineation of the constraints if a recommendation is accepted but cannot be implemented
within a six-month period; and
D. The reason for not accepting or adopting a finding or recommendati n.
CONTINUED ON ATTACHMENT: YES SIGNATURE: /
---------------------------------------------------------------------------
----------------- --- ------ --
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
----------------------- --- --------------------- ---- ----- --- -
ACTION OF BOARD ON� PPROVE AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: a(o/Os b �-
CONTACT: SARA HOFFMAN(925)335-1090 JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: PRESIDING JUDGE OF THE GRAND JURY
GRAND JURY FOREMAN t
ASSISTANT COUNTY ADMINISTRATOR
SHERIFF-CORONER Y DEPUTY
BOARD OF SUPERVISORS RESPONSE TO
GRAND JURY REPORT NO. 0704:
COUNTY CRIME LAB: HIGH QUALITY TEST RESULTS, CHRONICALLY DELAYED
FINDINGS
1. The Contra Costa County Forensics and Crime Laboratory is a division of the Office of the Sheriff.
Response: Agree.
2. The Lab has a total staff of 72, a combination of scientific, technical, support, and administrative
personnel. The Lab staff is assigned to four functional areas: Drug, Alcohol & Toxicology Section,
Criminalistics Section, Central Identification Services (fingerprinting), and Property & Evidence
Services.
Response: Agree.
3. The Lab maintains accreditation from the American Society of Crime Laboratory Directors,
Laboratory Accreditation Board (ASCLD-LAB). The Lab is one of several county crime laboratories
in the nation that has earned such recognition. ASCLD-LAB standards do not include a criterion for
test turnaround timeliness.
Response: Agree.
4. The Lab provides forensic testing and consultation services (scientific analysis of crime scene
physical evidence) to the Sheriffs Office, as well as to local police agencies, the Solano County
District Attorney, Vallejo, and recently Oakland, on a contracted, fee-for-services basis. Oakland's
services are limited to selected fingerprint testing.
Response: Agree.
5. The Lab is one of only four county crime labs in the state of California that charge contracting
agencies fees for their services;Alameda, Santa Clara, and Sacramento are the other three.
Response: Agree.
6. Based on fiscal year 2005-2006 data, forensic testing and consultation fees charged by the Lab to
contracting police agencies generated $1.8 million. That represented approximately 25% of the Lab's
$ 7. 2 million total cost of providing the services. The percentage of the service cost covered by fees
charged to police agencies ranges from a low of 19% for selected Criminalistic Section tests to a high
of 76% for selected tests completed by the Drug, Alcohol & Toxicology Section. Following are
program cost and client fee recovery percentage details:
Program Cost and Percent of Cost Recovery From Client Fees Fiscal Year 2005-2006
Program Total Cost Percent of Cost Recovery
Ciiminalistics $2.79 million 19%
Latents $320,000* 37%
Livescan $120,000* 47%**
Identification $533,000* 15%***
CAL-ID $1.45 million 47%
Alcohol $607,000 76%
Drugs $900,000 67%
Toxicology $523,000 54%
* Lab estimates
** Non-police clients; e.g.,job applicants
*** Custody Alternative program "client" and Martinez Detention Center detainee fingerprint screening
County Crime Lab: High Quality Test Results, Chronically Delayed June 5,2007
County Response to Grand Jury Report No. 0704 Page 2
Program Descriptions
Giminalistics- Firearms, DNA,Trace Evidence,Crime Scene Investigation
Latents- Fingerprint evidence from crime scenes
Livescan- Electronic fingerprinting of job, license, and pem-lit applications
Identification- Identification of subjects booked at the Martinez Detention Center by the Office of the
Sheriff
CAL-ID- Identification of subjects booked at the Martinez Detention Center by local police
Departments; Crime scene fingerprint evidence from local police departments
Alcohol-Blood and breath alcohol analysis
Drugs- Solid dosage (sample) drug analysis
Toxicology-Ante mortem (before death) and postmortem (after death) drug and body fluid analysis
NOTE: The Lab generated additional revenue from other sources, such as fines, asset seizures and state-
mandated fees. Together, revenues from other sources ($2.3 million), and fees charged to local police
agencies ($1.8 million), offset approximately 57% ($4.1 million) of the Lab's $7.2 million cost of
providing forensic services.
Response: Agree.
7. The Lab's published mission statement reads. "Provide a high level of timely (emphasis added),
thorough, accurate, and objective evidence analysis, consultation, and crime scene processing
services."
Response: Agree.
8. The Lab's Drug, Alcohol & Toxicology Section, located at Muir Road in Martinez, regularly reports
testing turnaround times that do not vary widely from those of other crime labs around the state and
across the country. This section's reported turnaround times are accurate because they do not carry a
significant backlog of test requests.
Response: Agree.
9. The Lab's Criminalistics Section, located at Escobar Road in Martinez, also reports turnaround times
that do not vary widely from those reported by other labs. However, in this case the information is
inaccurate and misleading because this section consistently carries a significant backlog of test
requests.
Response: Agree.
10. The Criminalistics Section reports the average length of time between receiving test requests and
completion. The turnaround time calculations do not include any "backlogged" or "aging" test
requests;i.e., cases where testing is either incomplete or has not yet begun.
Response: Agree.
11. Contracting police agencies routinely follow a procedure encouraged by the Criminalistics Section
management to expedite cases of special interest. They call management directly to request special
2
i
County Crime Lab. High Quality Test Results, Chronically Delayed June 5,2007
County Response to Grand Jury Report No. 0704 Page 3
consideration of selected cases. Management responds as often as it can by directing criminalists to
set aside other test requests in the work queue to complete the special requests.
Response: Agree.
12. Local police agencies report a consistently high level of confidence in the quality of Lab test results.
However, they also report long-standing dissatisfaction and frustration with testing turnaround times,
especially those involving the Criminalistics Section. Local police agencies report they are using, or
are considering using, alternative testing facilities such as the FBI or private labs on a selective basis.
Response: Agree.
13. The Criminalistic Section's Biology, Firearms and Trace backlog data reflects test requests dating
back more than three years. Further, the Criminalistics Section reports an estimated 2500-3000
firearms that have not even been catalogued,and are yet to be added to the formal backlog count.
Response: Agree.
14. The Lab's Criminalistics Section is organized into four functional sub-units based on the types of
services each provides; i.e., Biology (DNA, liquid blood, sexual assault, and miscellaneous biology
screening), Firearms (identification and testing), Trace & Impressions (fabrics, paint, hair, and
arson), and Crime Scene Investigation.
Response: Agree.
15. The Criminalistics Section staff includes 11 approved criminalist positions for all three sub-units, as
well as two crime scene investigators. However, one of the approved criminalist positions currently is
unfunded due to budgetary constraints. In 1980, the Lab had the same number of approved
criminalists as it does today. At that time, criminalists had a broader range of testing responsibilities,
including drug, alcohol and toxicology. In 1980, DNA testing procedures did not exist. Today, four
of the 10 budgeted criminalists are assigned to DNA testing.
Response: Agree with clarification. In addition, the Lab has 10 forensic Toxicologist
positions assigned to the Alcohol, Drug, and Toxicology disciplines, resulting in 21 total
approved scientist-level positions.
16. By comparison the city of San Diego police department's crime lab has a complement of 26
criminalists, 13 of which are assigned to DNA testing. The city of San Diego's population is similar
in size to Contra Costa County.
Response: Agree.
17. Since 1980, Contra Costa County's population has increased from approximately 656,000 to more
than 1.1 million.
Response: Agree.
3
County Crime Lab: High Quality Test Results, Chronically Delayed June 5,2007
County Response to Grand Jury Report No.0704 Page 4
18. The Lab makes use of a 40-year old functional model that requires criminalists to divide their time
between performing laboratory-based scientific tests and conducting crime scene investigations.
Statistics for 2005 show that 36% of total criminalists' work hours were devoted to crime scene
investigations.
Response: Agree.
19. The County requires scientifically trained criminalists to be sworn peace officers; i.e., County Deputy
Sheriffs. Contra Costa is the last county in the state with the sworn officer requirement. The next to
last, San Bernardino County, eliminated the requirement 20 years ago.
Response: Agree.
20. The County received applications from only two qualified, experienced candidates for the vacant
Deputy Sheriff-Criminalists positions during the 2005 recruitment effort, due in part to the sworn
officer requirement.
Response: Agree.
21. Few of the local police agencies the Lab's Criminalistics Section serves have their own dedicated
Crime Scene Investigation ('CSF") units. Instead, they rely on the Critninalistics Section to provide
such support, reportedly in some cases, coverage for simply unavailable, ill or vacationing
investigators in some local police departments.
Response: Agree.
22. By comparison to the Lab's newer and larger Muir Road facility, the available space for the
Criminalistics Section's staff at the Escobar Road location is outdated and inadequate from a square
footage standpoint to meet current staff, testing, and storage requirements, let alone future, needs if
it were appropriately staffed.
Response: Agree.
23. The County's Office of the District Attorney ("DA") points to a consistently high level of test quality
and Lab staff professionalism. The DA is unaware of any instances when his office was not able to
expedite Lab testing if necessary for a felony case that finally went to trial.
Response: Agree, with confirmation from the District Attorney.
RECOMMENDATIONS
1. The Sheriff should seek approval to increase the number of authorized and budgeted criminalists in
the Lab from the current 1980 level of 11, to between 20 and 24, to be assigned as required in the
Criminalistics Section's Biology, Firearms, and Trace & Impression sub-units.
4
County Crime Lab: High Quality Test Results,Chronically Delayed June 5,2007
County Response to Grand Jury Report No.0704 Page 5
Response: Has not been implemented, but will be implemented in the future once funding
is available. County funding is not available for the expansion of criminalist staffing in the
upcoming Fiscal Year 07/08.
The Sheriff's Office is actively pursuing federal and state grants to augment existing staff
pending availability of county funding.
2. The Sheriff should expedite the anticipated elimination of the requirement that new criminalists must
also be sworn peace officers.
Response: Has been implemented. A new civilian criminalist job classification of
"Crinunalist-Non Sworn" is being processed in the Human Resources Department. It
should be brought before the Board of Supervisors for its consideration in July, 2007.
3. The Sheriff should eliminate the requirement that staff criminalists divide their time between
scientific, laboratory-based testing and crime scene investigation.
Response: Has not been implemented, but will be implemented in the future. The
timeframe to implement this recommendation cannot be accurately determined given the
current budget constraints.
The new civilian job classification of Crime Scene Investigator was created to relieve Deputy
Sheriff-Criminalists from the majority of routine crime scene response and processing. There
are currently two authorized Crime Scene Investigator positions, one of which must be held
vacant due to Fiscal Year 07/08 budget constraints. There are no County funds available to
increase Crime Scene Investigator staffing in Fiscal Year 07/08.
The Sheriff's Office is also moving forward to train individuals in the Fingerprint Technician
job classification to assist at crime scenes, thus reducing the number of Deputy Sheriff-
Criminalists
herifCriminalists needed for call out responses.
4. The Sheriff should work with those contracting police agencies without their own CSI units to help
them transition to their own units to support local investigators.
Response: Has not been implemented but should be completed within the next four
months.
During the past two years, the Sheriff's OiNce has provided training for Evidence
Technicians in selected local law enforcement agencies. Plans are underway to expand
training for Evidence Technicians to assist local law enforcement agencies in developing or
enhancing their own CSI capabilities.
5. The Sheriff should secure adequate and up-to-date workspace to accommodate not only the Lab's
existing Criminalistics Section staff but also the recommended increase in staff members.
Response: Has not been implemented but will be implemented in the future, once a funding
source is secured. The timeframe to implement this recommendation cannot be accurately
determined given the current budget constraints.
5
1
County Crime Lab: High Quality Test Results, Chronically Delayed June 5,2007
County Response to Grand Jury Report No.0704 Page 6
The Sheriffs Office is actively looking for a larger facility to house the Criminalistics Section
and, if space permits, to possibly consolidate Criminalistics and Central Identification
Services in the same location. This planning effort will expedite the process of acquiring
appropriate work space, once funding is available.
6. The Lab should expand its turnaround time reports to include all backlog data to more accurately
and completely report "aging" test requests.
Response: Has been implemented. A report is now available that lists backlogged cases
and their corresponding dates ofrequest.
7. Once the Lab improves its overall test turnaround time performance levels, it should take the
opportunity to increase its fees so that local police agency contract income, when combined with
other sources of revenue,more closely approximates the cost of providing all forensic services.
Response: Has not been implemented but will be implemented in the future. A time frame
for the implementation cannot be accurately determined, as the recommendation is
predicated on staffincreases for which funding has not yet been identified.
Nonetheless, a financial analysis is underway in the Forensic Services Division to determine
the appropriate level of fees to local police agencies. New fee revenue will be used to
increase the timeliness of forensic services in all disciplines.
6