TO: HONORABLE MAYOR AND FROM: Toni J. Taber, CMC
CITY COUNCIL City Clerk
SUBJECT: SEE BELOW DATE: October 3, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
Recommendation
As recommended by the Public Safety, Finance, and Strategic Support Committee on June 15, 2023, accept the status report on the utilization of funds for re-arresting high-risk individuals and interagency coordination on pretrial release.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Police) [Public Safety, Finance, and Strategic Support Committee referral 6/15/2023 - Item (d)3]
COUNCIL AGENDA: 10/3/2023
ITEM: 4.1
FILE NO: 23-1325
TO: PUBLIC SAFETY, FINANCE,
AND STRATEGIC SUPPORT
COMMITTEE
FROM: Anthony Mata
SUBJECT:
SEE BELOW
DATE:
June 2, 2023
Approved Date
SUBJECT: RE-ARREST OF HIGH-RISK INDIVIDUALS AND INTERAGENCY
COORDINATION ON PRETRIAL RELEASE STATUS REPORT
RECOMMENDATION
(a) Accept the status report on the utilization of funds for re-arresting high-risk individuals and interagency coordination on pretrial release.
(b) Cross-reference this report to the August 29, 2023 City Council meeting.
SUMMARY AND OUTCOME
For the past year, the Police Department (“Department,” hereafter) has been working to address the problem of individuals who repeatedly commit crimes, are arrested, and are released in advance of trial, only to commit crimes again. The Department’s targeted efforts on this issue have fallen into two categories: first, the Department was allocated $300,000 as part of the 2022- 2023 Adopted Budget to use sworn overtime to re-arrest high-risk criminal defendants who failed to appear on their warrants. Second, the department has engaged with other partners in the criminal justice system, including the County of Santa Clara, the Santa Clara County District Attorney, and the Santa Clara County Judiciary to effect process improvements, implement training, and identify innovative social services strategies that can help to reduce recidivism.
This report provides an update on the current status of both of these efforts.
PSFSS COMMITTEE AGENDA: 6/15/2023
ITEM: (d)3
6/7/2023
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE June 2, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
BACKGROUND
Funds for Re-Arresting High-Risk Individuals
On March 15, 2022, the City Council approved the Fiscal Year 2022-2023 Mayor’s March Budget Message.1 The March Budget Message outlined Public Safety priorities , which included “Re- Arresting Defendants Who Have Failed to Appear Post -Release.” As a result, the City Manager proposed and the City Council approved one-time funding in the amount of $300,000 through the 2022-2023 Operating Budget for additional overtime to re -arrest criminal defendants who failed to appear on their warrants, with priority given to those defendants who face the most serious and violent felony charges or were previously convicted for the most serious and violent felonies.2
On October 20, 2022, the Department presented an update on the planned utilization of funds for re-arresting high-risk individuals to the Public Safety, Finance, and Strategic Support Committee (“PSFSS Committee” hereafter).3 This update provided an implementation overview, operational approach, and a description of cost analysis and outcome tracking. The report was accepted by the PSFSS Committee with additional direction to provide a follow -up report in Spring of 2023 for the purpose of reporting out on expenditure of the funds . This memorandum provides the update directed by the PSFSS Committee.
Interagency Coordination
On April 13, 2022, former Mayor Liccardo, former Councilmember Carrasco, and Mayor Mahan submitted a memorandum to the Rules and Open Government Committee entitled “Addressing Rising Crime and Expanding Treatment fo r Arrestees in San Jos é.”4 This memorandum recommended that the City Manager be directed to work with the Mayor’s Office and other key stakeholders, including the County of Santa Clara and the District Attorney , to address the high rates of recidivism among arrestees who were released prior to trial. This memorandum was deferred for two weeks to gather additional information. On April 27, 2022, the item was re-heard by the Committee.5 The Rules Committee referred the proposals included in the memorandum to the PSFSS Committee, with the understanding that staff would collaborate with the County of
1 Details from this meeting may be found here:
https://sanjose.legistar.com/MeetingDetail.aspx?ID=931130&GUID=8C4AAF4E -9115-4D44-8427- 9D3A1BC05240
2 https://www.sanjoseca.gov/home/showpublisheddocument/85306/637872629004770000 3 Details from this meeting may be found here:
https://sanjose.legistar.com/MeetingDetail.aspx?ID=987865&GUID=648E5CC1 -AB3B-4167-8204- 187F22ABC0FF
4 Details from this meeting may be found here:
https://sanjose.legistar.com/MeetingDetail.aspx?ID=955167&GUID=76C2D385 -F4EA-4A69-8E16- 22DECD54A8C2
5 Details from this meeting may be found here:
https://sanjose.legistar.com/MeetingDetail.aspx?ID=958480&GUID=F97A0E62 -AB26-4303-9CC5- 01B72659D3E8
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE June 2, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
Santa Clara to organize a joint meeting between the Public Safety, Finance and Strategic Support (PSFSS) Committee and the County’s Public Safety and Justice Committee to initiate coordination on the issues identified in the memorandum.
Pursuant to this direction, on September 8, 2022, the PSFSS Committee and the County of Santa Clara Public Safety and Justice Committe e held a joint special meeting regarding “Considering Recommendations Relating to Coordination Between the City of San José and County of Santa Clara Regarding Mental Health Crisis Response and Pretrial Release Processes.”6
On November 30, 2022, former Vice Mayor Jones submitted a memorandum to the Rules and Open Government Committee entitled “Roles in the Criminal Justice System.” 7 The item was approved by the Committee. The direction in the memorandum was as follows:
Direct City Manager to coordinate with county agencies on the following actions:
1. Engage with the Sheriff’s Office, Pre-Trial Services, the District Attorney’s Office as well as a representative from the Judicial branch to investigate how high bail should be, and to communicate the need for keeping a subject in custody.
2. Engage with the Sheriff’s Office, Pre-Trial Services, the District Attorney’s Office, and the Public Defender’s Office to understand under what circumstances, and what factors are taken into consideration when an arrestee is released on their own recognizance.
3. Engage with the District Attorney, the Public Defender, and a representative from the Judicial Branch to understand the impact of the Humphrey Decision.
4. Engage with Behavioral Health Services, Probation , and Reentry Services to understand how law enforcement may better assist persons who do not meet the criteria for 5150 W&I, suffer from mental illness, are chronic substance abusers, whose conduct is repeated and problematic and refuse services.
5. Investigate the need to also involve additional County partners, as well as Social Services and Veterans Services as appropriate.
Return to PSFSS with a report on their findings based on recommendations 1 -4 by April 2023.
Consistent with the above direction, the Department commenced a sustained effort to coordinate with the County on the identified issues. The Department provided a status update on these efforts
6 Details from this meeting may be found here:
https://sanjose.legistar.com/MeetingDetail.aspx?ID=995672&GUID=32C70889 -53CB-4E00-8D07-C51966E09864 7 Details from this meeting may be found here:
https://sanjose.legistar.com/MeetingDetail.aspx?ID=1058655&GUID=09B4 FD93-FECB-4216-9F31- 3DF0017FCBC8
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE June 2, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
as part of the “Police Department Operations and Performance Bi-Monthly Status Report”8 at the April 2023 PSFSS meeting.
ANALYSIS
Funds for Re-Arresting High-Risk Individuals
When the Department last reported to the PSFSS Committee on re-arresting high-risk individuals in October 2022, the Department explained that the Duty Manual has policies codifying how and when a wanted violent felon may be apprehended. 9 Threat assessment criteria in Duty Manual section L 3812, Precautions Prior to Serving Search Warrants, establish the benchmark by which specialty units within t he Department must be contacted for the apprehension; specifically, units within the Bureau of Field Operations Special Operations Division and the Bureau of Investigations Covert Response Unit (CRU). These units have specialty equipment, training, and experience that align with best practices and industry standards for the safe apprehension of violent felons.
The intention was to allocate supplemental overtime funding to Special Operations and CRU for the re-apprehension of high-risk offenders. In addition, officers who previously worked in these units and have the requisite skills to undertake apprehensions, but who now work elsewhere in the Department, would be able to participate in apprehensions on an overtime basis using this funding.
To date, the Department has expended $60,000 of the of the $300,000 allocation on overtime to re-arrest high-risk offenders. The remaining unspent portion of this allocation, totaling $240,000, is proposed to be re -budgeted to the 2023-2024 Fiscal Year. The Department has an alternative proposal for how these remaining funds may be best spent in the following section.
Interagency Coordination on Pretrial Release
Between December 2022 and March 2023, the Department held one large and several small-group meetings with the following stakeholder organizations:
• San José Police Department
• Santa Clara County District Attorney’s Office
• Santa Clara County Executive Staff
• Santa Clara County Judiciary
• Santa Clara County Main Jail Staff
8 Details from this meeting may be found here:
https://sanjose.legistar.com/MeetingDetail.aspx?ID=1074300&GUID=88B5CAD7 -CDD0-415C-B02E- 492E76981D17
9 https://www.sjpd.org/home/showdocument?id=314
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE June 2, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
• Santa Clara County Pretrial Services
• Santa Clara County Public Defender’s Office
These meetings focused on how best to approach repeat offenders that pose an ongoing risk to the community, with a focus on bail setting. The following four sections, labeled Outcome 1 through Outcome 4, provide a detailed account of the initiative the Department is pursuing through this collaboration.
Outcome 1: Form Revisions
When an individual is booked into the Santa Clara County Jail, they are accompani ed by two documents, the Pre Booking Information Sheet (Attachment 1) and the Affidavit re Probable Cause and Bail Settin g (Attachment 2) . The Pre Booking Information Sheet provides biographic information, arrest details, the listed charges and their scheduled bail , an d a catalog of the individual’s possessions.
The Affidavit re Probable Cause and Bail Setting lists the arrest charges and their scheduled bail, the reasons for the stop, search, and arrest, and some contributing factors including whether the suspect was armed, the suspect’s level of cooperation, victim injuries, and any controlled substances. At the bottom of this form, there is an area with approximately 4½ lines that reads, “Threats to victim(s) or witness(es): including information leading you to believe that the defendant may injure the victim(s)/witness(es) (threats, prior violence, etc.) or may flee prior to a court appearance.” Historically, these lines were used to articulate any request for increased bail.
In Santa Clara County, criminal bail schedules are established by the judiciary.10 Similarly, the judiciary holds the power to modify bail. To inform this decision, magistrates review the Affidavit re Probable Cause and Bail Setting and a criminal history summary provided by Pretrial Services.
Through the stakeholder meetings, staff developed a deeper understanding of what was needed by the judiciary to make the decision to deviate from the bail schedule . The 4½ lines with no instructions were insufficient to adequately express an ongoing threat to public safety or the likelihood of reoccurrence . Working collaboratively between the Police Department and the District Attorney’s Office, the Affidavit re Probable Cause and Bail Setting was revised, and a new form entitled Law Enforcement Risk / Mitigation Factor Worksheet was developed.
The Law Enforcement Risk / Mitigation Factor Worksheet will provide better instructions to law enforcement and will allow them to check pre-identified factors that should be considered when raising or lowering bail. These include factors in public safety risk, flight risk, mental health, and substance abuse or drug use. 11 These forms are currently under review by the stakeholder
10 https://www.scscourt.org/court_divisions/criminal/bail.shtml 11 The revised Affidavit re Probable Cause and Bail Setting and the new Law Enforcement Risk / Mitigation Factor Worksheet are not included with this report because they are still in development, pending review by the stakeholder organizations.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE June 2, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
organizations. Upon their approval, these forms will go into production and be distributed throughout the County for use when booking subjects into jail and requesting a modification to the scheduled bail.
Outcome 2: Relationships and Communication
The second significant outcome from the stakeholder meetings was the need for better relationships and increased communication between City-County and County -County entities.
These meetings e xposed a gap in connection and understanding, particularly between law enforcement, Pretrial Services, and the District Attorney’s Office . Once open lines of communication were established, the solution described above was quickly identified and put into place. This illustrated the need to continue collaborating between City and County agencies.
In addition, a second blind spot was identified in the relaying of information between County entities such as P retrial Services and the judiciary . The magistrates are only able to use the information they receive to make bail-setting decisions . In other words, they do not seek out information and complete their own records checks to acquire a deeper understanding of subjects’ histories. Therefore, it was quickly understood that to ensure judges were equipped with sufficient details to make an informed decision , they must be provided with more complete and illustrative information. For that reason, Pretrial Services provided significant input on the new Affidavit re Probable Cause and Bail Setting so it would either demonstrate the need for modified bail or would trigger additional information to be provided that would do so.
Outcome 3: Training
The third outcome from the stakeholder organization meetings was a need for training . This will occur with all the stakeholders, not just law enforcement. Every entity agreed that a deeper, clearer understanding of roles, responsibilities, and needs of the cohort would contribute to keeping our community safer. As such, with the implementation and release of the new Affidavit re Probable Cause and Bail Setting, training will follow.
Outcome 4: Innovative Steps in High-Frequency Offenders
On May 8, 2023, the City of San José hosted a meeting with the following stakeholders:
• San José Mayor Matt Mahan
• San José Assistant City Manager Leland Wilcox
• San José Chief of Police Anthony Mata and Assistant Chief of Police Paul Joseph • Santa Clara County District Attorney Jeff Rosen and Chief Assistant District Attorney Jay Boyarsky
• Santa Clara County Sheriff Robert Jonsen
• Santa Clara County Superior Court Judge Stephen Manley • Several Supporting Staff Members from the Above Organizations
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE June 2, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
The purpose of this meeting was to discuss alternative approaches to interrupting the arrest-release- arrest cycle for high-frequency offenders. Often, these subjects commit relatively low-level crimes that are exacerbated by mental health issues and drug addiction.
Agencies throughout the United States are experimenting with strategies to effectively respond to people they r epeatedly encounter. In a press release from April 2022, former Mayor Liccardo stated, “in a single 14-month period, police officers arre sted & re-arrested 30 individuals at least ten times, with one ‘frequent flyer’ earning 19 arrests .”12 Progressive strategies to address this problem combine behavioral health , addiction, and other social service resources with either incarceration alternatives or uninterrupted incarceration, as dictated by the needs of the community. The Law Enforcement Assisted Diversion Grant Program s in Los Angeles County and San Francisco County13 and the Seattle High Utilizer Initiative14 are three such efforts. While the success of these programs is still being fully vetted, preliminary findings show exceptional benefits, as described by the One Year Review of the High Utilizer Initiative in Seattle:
In its first year of operation, the High Utilizer Initiative successfully improved public safety by decreasing the impacts of the highest utilizers of Seattle public safety and criminal justice resources. The City Attorney’s Office estimates, based on historical data from this population, that the initiative’s crime reduction impact was thousands fewer crimes and over 750 fewer misdemeanor [cases filed by] the City Attorney’s Office. For community members, this translated to meaningful impacts for those neighborhoods most effected by high utilizer criminal activity.
The Department recognizes the ecosystem available to provide services addressing the root causes of criminal behavior and the benefit s that may come from redirected efforts in this area . The Department would like to continue to explore opportunities to collaborate with the County on a pilot project designed to positively affect the incidence of high-frequency offenders. To provide funding for this pilot project, the Department proposes to repurpose the $240,000 re-budget of the funding originally dedicated to the re-arrest of high-risk offenders. The Department believes that efforts to address r oot causes of recidivism would be a wise use of this funding as it has the potential to reduce the need to rearrest offenders multiple times, thus enhancing the safety of our community and advancing the goal for which this funding was originally allocated . The Department will return to the PSFSS Committee in late 2023 through the Police Department Operations and Performance Bimonthly Report item with a proposal for this pilot project.
12 https://www.sanjoseca.gov/Home/Components/News/News/3995/4959 13 https://www.bscc.ca.gov/s_cppleadgrant/
14 https://www.seattle.gov/documents/Departments/CityAttorney/Reports/HUI2023Report.pdf
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE June 2, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
EVALUATION AND FOLLOW UP
The Department will bring forth a proposal to the PSFSS Committee for a pilot project addressing high-frequency offenders in late 2023 through the Police Department Operations and Performance Bimonthly Report item.
COORDINATION
This memorandum has been coordinated with the City Manager’s Office, City Attorney’s Office, and the City Manager’s Budget Office.
PUBLIC OUTREACH
This memorandum will be posted on the PSFSS Committee Agenda website for the June 15, 2023 Committee meeting, and, if cross -referenced to the City Council, will be posted on the City’s Council Agenda website for August 29, 2023.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendations or input is associated with this item.
CEQA
Not a Project, File No. PP17-008, General Procedure and Policy Making, resulting in no changes to the physical environment.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
ANTHONY MATA
Chief of Police
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE June 2, 2023
SUBJECT: Re-Arrest of High-Risk Individuals and Interagency Coordination on Pretrial Release Status Report
For questions, please contact Captain Stephen Donohue, San José Police Department, Bureau of Field Operations at (408) 277-4631.
Attachments
Attachment 1: Pre Booking Information Sheet
Attachment 2: Affidavit re Probable Cause and Bail Setting
Attachment 1: Pre Booking Information Sheet
Attachment 2: Affidavit re Probable Cause and Bail Setting