Council Policy Prioritization: Early Consideration Response Form
Department Rules Date Item Department Rep. Name/Ext. Council Member Sponsorship Policy/Ordinance Subject Staff Recommendation܆ GREEN Adopt based on tradeoffs outlined on next page
܆ YELLOW Send to Priority
Setting Process
܆ RED Recommend Council not
adopt nominated idea
܆ NEEDS CLARIFICATION OR
MORE TIME TO EVALUATE
Staff Evaluation
/ƐƚŚŝƐĂligned with City Roadmap?
܆ Yes ܆ No
/ƐƚŚŝƐĂlready underway inĂ
DepĂƌƚŵĞŶƚ work plan?
܆ Yes ܆ No
/ƐƚŚŝƐƚime Đritical orĂŶ Ğmergency?
܆ Yes ܆ No
tŝůůƚŚŝƐƌequire substantialƌĞƐŽƵƌĐĞƐ͕
staffing͕ budget͕ŽƌƐƚƌĂƚĞŐŝĐƐƵƉƉŽƌƚ?
܆ Yes ܆ No
Criterion to Determine Scale of Project ComplexityProject complexity is determined by scoring the project in each of the 3 criterions below and then summing the score. a. Low Complexity is a sum of 6 or less.
b. Medium Complexity is a sum of 7 – 9.
c. High Complexity is a sum of 10 or greater.
Total Score =
Scoring Criterion
Low Complexity Medium Complexity High Complexity
Estimated Duration 6 – 9 months ܆ =1 9 - 18 months ܆ =2 More than 18 months ܆ =3 Organizational Complexity(Internal)
Can Easily be Absorbed into Existing Work Plan
܆ =1 Planned Work (Future) ܆ =2 Work Not Currently Proposed ܆ =3 Have staff with required skillset/knowledge
܆ =1 Have staff with required skillset/
requires moderate research
܆ =2 Do not have staff with required
skillsetͬrequires significant
research
3 =܆
Less than or equal 2 staff required
܆ =1 3 - 4 staff required ܆ =2 More than 5 staff required ܆ =3 (External) 1 Additional
Department
܆ =1 2 Other DepartmentƐ Involved ܆ =2 3 or more DepĂƌƚŵĞŶƚs Involved ܆ =3 DEPT.
Required ܆ Airport ܆ Auditor ܆ CMO ܆ OED/CA ܆ ESD ܆ Fire ܆ HR ܆ IT ܆ PRNS ܆ Police ܆ Retirement ܆ Attorney ܆ Clerk ܆ CMO – Budget ܆ Community Energy ܆ Finance ܆ Housing ܆ IPA ܆ Library ܆ PBCE ܆ PW ܆ DOT ܆CMOʹ ŽŵŵƵŶŝĐĂƚŝŽŶƐ ܆ DKʹ DKƉƉƌŽǀĂů͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺĂƚĞͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Police Department, Housing, OEDCA, API Rules Date 4-27-22 C.1 Lt. Donohue, Jacky Morales-FerrandNanci Klein, Sarah Zarate Addressing Rising Crime & Expanding Treatment for Arrestees Mayor Liccardo, CM Carrasco,CM Mahan
✔ ✔
✔ ✔ ✔
✔
✔
✔✔✔
13 API
/s/ Lee Wilcox 04/26/22
AnalysisExplain the rationale for staff recommendation, including any mitigating factors that need to be considered (recent legislative action, significant work plan changes, etc.). Please address the following as well.
GREEN LIGHT: The Administration can implement this Nominated Idea under its current work plan. Item should be sent to Council to add to Department work plan. ;ϭͿ,ŽǁǁŝůůƚŚĞ/ĚĞĂďĞĂƉƉƌŽĂĐŚĞĚ͍;ϮͿ If adopted͕ what isŝƚƐ impactĂŶĚͬŽƌtradeoff toƚŚĞ City Roadmap or ƚŽĂDepĂƌtŵĞŶƚ work plan͕ ŝŶĐůƵĚŝŶŐƐƚƌĂƚĞŐŝĐƐƵƉƉŽƌƚ? ;ϯͿWhat is the minimum viable scope to moveƚŚĞ/ĚĞĂ forward and reduceŝƚƐ complexity? YELLOW LIGHT: The Administration recommends Council send this Nominated Idea to the Priority Setting Process due to (describe cost implications, workload impacts, or other factors). RED LIGHT: The Administration recommends Council not adopt this Nominated Idea due to (describe reason implementation would be difficult if not impossible – conflict with other laws, etc.).
To effectively and equitably respond to the devastating direct and indirect impacts of the COVID-19 Pandemic, San José prioritized the City’s most critical needs as reflected in the City Enterprise Priorities and City Council-adopted City Roadmap for FY 2021-2022. This prioritization helps with the general focus of limited resources, especially during a time of crisis response and recovery. Our City organization is not alone in weathering these impacts; our criminal justice and behavioral health systems too have been deeply impacted by the pandemic during a time where violent crime is on the rise. And, as our organizations intersect and function within a broad ecosystem, impacts felt in those systems are not only felt by our city residents and businesses, but they are also felt in a profound way by our frontline police officers who are already stretched within a lean workforce. The City Manager’s Office and Police Department have been discussing various approaches to help address factors outlined in the Rules memorandum from Mayor Liccardo and Councilmembers Carrasco and Mahan. While this Early Consideration Form itemizes responses (both green and yellow) to each recommendation and does so within the real limitations of time and resources, the overall spirit of the Administrative response is a green acknowledgment that the City has a role to play to address these community challenges, and will need to more fully engage, align, and advocate to, and with, other local agencies to address these issues in a comprehensive manner.
See BelowSee Below
Analysis (Continued)
1) Re-arrest Repeat Felony and Violent Offenders 1(a) GREEN - The Police Department will provide the data requested regarding repeat offenders arrested by the Police Department to the Mayor’s Office. The Police Department will advocate with the Mayor's Office to encourage the revision of pandemic-era bail and release policies. The Santa Clara County District Attorney's Office holds information regarding individuals failing to appear in court; this data is not readily available at the Police Department. However, the Police Department will reach out to the District Attorney's Office to request data sharing. 1(b) GREEN Cross-sector collaboration is essential to leverage the strengths, information, and data required to formulate a long-term, sustainable solution to the problem of felons with violent criminal histories not appearing in court; intentional and repeated engagement with the Sheriff’s Office, District Attorney’s Office, and the Santa Clara County Police Chiefs’ Association is required to develop strategies that move the needle on this issue. The Police Department, with support from the CMO, will begin discussions with these key stakeholders to better collaborate on this issue and formulate strategic goals and activities, which may take the form of an established countywide working group, such as a taskforce. The Police Department will try to forge new working relationships around this issue with the goal of reaching a new depth of collaboration that enables effective interventions that serve our community’s needs. If a taskforce were the collectively agreed upon solution and the City was the agency lead, this item would require additional resources and would be referred to the budget process. 2) Detain High-Risk Arrestees - GREEN PENDING COUNCIL APPROVAL OF PROPOSED BUDGET Preparing high-quality, detailed affidavits is key for detained high-risk arrestees engaged in violent or serious felonies, or the sales of dangerous drugs. The Police Department will author a Training Bulletin to sworn personnel to provide guidance on documentation for increased bail for these high-risk arrestees and will explore opportunities for better internal coordination of information to support more robust affidavits. However, in regard to using non-sworn staff to prepare affidavits, unfortunately, though based in good reason, this idea would result in significant inefficiencies as it would require not only back and forth between a sworn officer and the non-sworn staff to complete the form (which officer's already carry with them), but then the sworn officer would also need to travel to collect the form from non-sworn staff as the end point of this process--signing and submitting the affidavits to a judge--can only be done by a sworn officer. --CONTINUE NEXT PAGE-- Page ϰ
Analysis (Continued)
3) Expand Access to Detoxification and Treatment for Released Arrestees 3(a) GREEN under the conditions outlined below with the Mayor's Office submitting application. The Housing Department sees the value in cross-sector collaboration with the County and local health plans with the goal of having quick-build housing or rehabilitated hotels that locally serve the substance use challenges of arrestees. However, the Housing Department does not currently have the staff capacity to submit a funding application by May 31, 2022 since this is a new, unfamiliar funding source and, the same team that would engage in this activity will be submitting the Homeless Housing, Assistance and Prevention Round 3 Grant application and will be focused on relocating the people living at the Guadalupe encampment during the same time period. However, the Housing Department will meet with County staff to determine if there is an opportunity to partner on a future application. The initial feedback from the County is that they are not prepared to submit an application for the May deadline. However, the City Manager's Office and Housing Department understand the Mayor's Office may develop and submit an application on behalf of the City. If this proceeds, the Housing Department and IGR Team can provide high-level guidance if needed. 3(b) GREEN The Police Department, with support from the Intergovernmental Relations Team (IGR), will continue to explore and develop partnerships with allied agencies. The Police Department will provide data and support to the Housing Department in their effort to collaborate with other local agencies to secure state funding for a behavioral treatment program for addicted arrestees. IGR will also continue to explore opportunities to secure state funding for a behavioral treatment program for arrestees with substance use needs, in collaboration with the County as behavioral treatment is within their core service delivery. With upcoming CARE Court bills and other proposed legislation, this team will work closely with internal stakeholders and the County to identify opportunities. 4) Relief for Victimized Small Businesses 4(a) Uploading Video Evidence GREEN - In August 2020, the Police Department transitioned to collecting digital evidence in the field by using Axon Capture (Capture). Capture is an application that is on the police officers' City-issued FirstNet cellphones that allow officers to directly upload picture and video evidence to the Department’s evidence storage system Evidence.com. Capture allows officers to send an email or text message link to the residents allowing the resident to easily upload their video and/or picture evidence to the Department. The officer receives an email notification of the upload, reviews the submission, and approves the evidence to be added to Evidence.com. The Police Department's Operations Support Service Division reviews online report submissions. If the resident advises there is video evidence, they reach out to the resident and provide them a Capture link to upload evidence. YELLOW – Axon offers a solution called “Citizen,” which allows law enforcement agencies to create community-wide event portals. The Press Information Officers open a public portal and share a social media link where community members can submit evidence. The law enforcement agencies can review the media to accept or reject submissions. Axon recommends this for limited types of situations and not a general evidence collection platform as it is labor-intensive and requires dedicated full-time staff to monitor. Further, an open Citizen portal may create issues with the source of the video, chain of custody, and relating it to the appropriate event. These operational inefficiencies would create added work for an already stressed detective bureau. If there was still interest in pursuing the addition of Citizen, the addition to the Department's Axon portfolio is estimated at $123,120 annually, not including staff time to monitor submission. Consistent with existing procedure, as this would have a budgetary impact, this item would have to be considered within the context of the budget process, and as such, staff will complete a Manager's Budget Addendum. --CONTINUE NEXT PAGE-- Page ϱ
Analysis (Continued)
4(b) GREEN PENDING COUNCIL APPROVAL OF PROPOSED BUDGET - Crime Cameras for Small Businesses in High-Crime Neighborhoods The Office of Economic Development and Cultural Affairs and Police Department will work together to develop a small pilot designed to offer a security camera rebate program for small businesses in high-crime neighborhoods, in accordance with the Mayor's March Message. Staff will submit a FY 22-23 MBA outlining potential resource allocations for a pilot. Importantly, staff will need to conduct limited outreach for program design to ensure that business needs are being met in the pilot, including ongoing interactions and collaboration with the Police Department. 4(c) GREEN - Halt Online Fencing IGR will look for ways to support federal and state legislation to halt online fencing. While the current INFORM for Consumers Act has been stalled in Congress, IGR will continue to explore opportunities to advocate for similar federal legislation. SB 301 is a two-year bill and IGR will continue to monitor for opportunities to support; further action on this bill is expected in June 2022. The Police Department too will support legislation designed to halt online fencing. 4(d) Theft Enforcement Bullet #1 – GREEN– As outlined in under (2 - Detain High-Risk Arrestees ), using non-sworn staff to prepare warrant applications would result in significant inefficiencies. However, if the Administration is successful in securing funding from the federal and/or state government the Police Department can develop a workplan that increases warrant applications for the arrest of high-frequency repeat thieves. Bullet #2 – GREEN – To date, officers have observed operational inefficiencies in using this technology as it requires retailers to predict what merchandise may be stolen in order to tag that merchandise. Nevertheless, the Robbery, Burglary Prevention, and Financial Crimes Units will explore partnerships to use decoy technology for theft detection and suspect apprehension. Bullet #3 – GREEN – The Robbery, Burglary Prevention, and Financial Crimes Units will continue to work with stakeholders and small businesses in anti-theft efforts. The Crime Prevention Unit will continue to provide presentations at retail locations for education and collaboration. As the above efforts are advanced, IGR will continue to seek funding for public safety activities and will seek and advocate for specific funding opportunities for local anti-theft efforts. CONTINUE NEXT PAGE Page ϲ
Analysis (Continued)
5) Improve Accountability and Inform Policy 5 (a) Release Outcomes The Police Department and IGR will work together to present data to our local Assembly and Senate delegation, the judiciary, and other local policymakers relating to the effect of elevated rates of pretrial releases on public safety. However, as pre-trial release and electronic monitoring data is held by the Sheriff’s Office, the Police Department will only be able to provide re-arrest data. The Police Department will also present this information to the public through the Crime Prevention Unit and Divisional Community Meetings. 5(b) Public Costs of Re-Arrest Bullets #1 and #2 – GREEN – The Police Department and IGR will work together to present data related to the effect of elevated rates of pretrial releases on public safety, the cost of travel outside the county for extraditions, and cases in which the Police Department has declined to extradite subjects due to budget or staffing limitations. The Police Department will also present this information to the public through the Crime Prevention Unit and Divisional Community Meetings. Bullet #3 – YELLOW – The Police Department does not have data on the cost to City and County taxpayers of re-arrest within Santa Clara County of individuals released prior to trial who have re-offended or failed to appear. Such an analysis would require significant dedicated analytical resources to identify those who were rearrested, the quantity and rank of officers on the scene at the time, the length of time on the scene, and any specialized equipment used in the event (such as the fuel and maintenance of Air-3). If it was a call for service, it would also necessitate knowing the calltaker and dispatcher quantity and rank and the length of time they spent on the event. Once that is calculated, an approximate cost for that event could be determined. No event is identical; each would need to be evaluated for those who were rearrested. This analysis would only yield the cost to the City, not to the County.