SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
M E M O R A N D U M
DATE: March 11, 2024
TO: Matt Rodriguez, City Manager
FROM: Brian Bubar, Interim Chief of Police
SUBJECT: Feasibility Evaluation of San Pablo LEAD Pilot Program
Per the National Institute of Corrections, A Law Enforcement Assisted Diversion (LEAD) Program is defined as follows:
"Law Enforcement Assisted Diversion (LEAD) is a pre-booking diversion pilot program developed with the community to address low-level drug and prostitution crimes . The program allows law enforcement officers to redirect low -level offenders engaged in drug or prostitution activity to community -based services, instead of jail and prosecution. By diverting eligible individuals to services, LEAD is committed to improving public safety and public order, and reducing the criminal behavior of people who participate in the program."
LEAD is purported to be a replicable model that enhances public safety and equity by diverting people with unmet behavioral health needs away from jail and prosecution and into nonpunitive, collaborative, community-based systems of care.
Staff reviewed several studies of LEAD Programs in California, United States, and in other countries for consideration. One of the most comprehensive studies was by the University of Cincinnati in 2021 which incorporated evaluations from LEAD Programs in the jurisdictions to include:
• Contra Costa County
• Seattle
• San Francisco
• Los Angeles (County/City)
• Fayetteville
• Baltimore
Over the past decade, LEAD programs have been implemented in approximately 50 communities across the United States. Extant research largely suggests that LEAD can improve participants’ access to housing and behavioral health outcomes. Research additionally suggests that these programs can reduce pressure on the criminal justice system through reducing the number of arrests, charges, and jail and prison incarcerations experienced by LEAD participants, resulting in substantial cost savings. LEAD is • Santa Fe
• Honolulu
• Albany (NY)
• Vietnam
SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
generally well-received by legal partners, service providers, and clients, though future efforts to improve officer perceptions of these programs are needed to maximize success.
For cost comparison, the LEAD Pilot programs in Los Angeles and San Francisco were funded through a $5.9-million grant through the Board of State and Community Corrections. (BSCC). The LEAD Program in San Francisco was reportedly budgeted in total at $6.9 million to initiate the pilot program in 2017. The majority of costs associated represented $3.9 -million in Professional Service Contracts. The LEAD SF pilot project was managed through the city’s Department of Public Health’s with an estimated operating budget of $350-million.
Positive Outcomes of LEAD Programs
Arrest
The available research suggests that LEAD programs can reduce the likelihood of future arrests among participants. Several studies report statistically significant reductions in misdemeanor and felony arrests among LEAD participants when compared to similarly situated individuals who are not engaged with a LEAD program. However, this finding is not universal.
Number of Cases
Research examining the number of cases brought against individuals during their participation in LEAD programs provide mixed findings. However, there is some evidence that individuals may benefit from their involvement in LEAD. Specifically, some studies have found that participation in LEAD programs can reduce the number of cases that individuals are charged with.
Booking & Incarceration
Fewer evaluations have examined the impact of LEAD programs on individuals’ experiences with booking and incarceration. Sill, preliminary findings suggest the benefit of LEAD participation in reducing rates of jail booking and incarceration in prison. However, these findings are not consistent across studies.
Cost Effectiveness
Few studies have examined the cost effectiveness of LEAD programs. However, researchers generally find that the criminal justice and health care costs associated with LEAD participants are substantially lower than their nonparticipant counterparts.
SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
Challenges of SF and LAC LEAD Programs
Throughout LEAD SF implementation, the site struggled with (1) a lack of investment from law enforcement, (2) questions about LEAD applicability due to Proposition 47 and the prevalence of resources in San Francisco, (3) concerns about partner autonomy and open communication, (4) a misinterpretation of policies, (5) unclear goals, procedures, and messaging, and (6) providin g law enforcement training in LEAD and harm reduction.
While LEAD LAC had significant successes, four
challenges emerged from the data: staff turnover,
workload, and open communication. These
themes are interlinked, as challenges in one area
lead to chall enges in another . Subthemes also
emerged that impacted staff turnover and
workload - including the high case manager -
client ratios, the lack of petty cash, the limits of
transportation, and the frequency of meetings
and trainings. Within open communication , the
challenges of data sharing and LEAD partner
expectations of case management staff emerged.
While the percentage had been trending downward, 82% of all LEAD LAC clients were homeless at time of enrollment. This challenge would be compounded in a small jurisdiction such as San Pablo, where our homeless community is transitional across multiple jurisdictions and counties.
LEAD LAC is still operating today. It is unclear if LEAD SF continued past the pilot program implementation. However, San Francisco d oes have a Pretrial Diversion Project operating with LEAD Program principles.
Evaluation of the Contra Costa County LEAD Plus Program in Antioch Launched in September 2017, the Contra Costa County Law Enforcement Assisted Diversion (CoCo LEAD Plus) program was a four-year initiative designed to divert and serve people with behavioral health needs who have been repeatedly arrested by the Antioch Police Department (APD) for certain low-level nonviolent charges. Funds generated through California’s Proposition 47 through a $5.9-million grant, the CoCo LEAD Plus program was modeled after the LEAD program pioneered by King County, Washington.
As such, CoCo LEAD Plus was designed to provide participants peer -driven outreach and engagement, evidence-based behavioral health services, wraparound work -readiness and vocational supports, and opportunities for transitional and permanent housing. By diverting people from further involvement
SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
in the justice system, CoCo LEAD Plus’s primary goal was to break the cycl e of criminalization and repeated incarceration for people with behavioral health needs in Antioch.
In 2019, Urban Institute provided an initial evaluation report of the program. This interim evaluation’s key findings include the following:
• Program partners demonstrated a commitment to serving people with behavioral health needs in Contra Costa County, as well as a commitment to the success of the CoCo LEAD Plus program. • Although some agencies’ roles remain ed unclear, interagency collaboration and coordina tion appeared strong.
• Key program components were slow to start or were never operational. • Program enrollment was slower than anticipated.
• At the time of the report, the majority of participants had not had new arrests, probation violations, or convictions since enrolling in the program.
• The program faced barriers to locating and engaging with program participants.
San Pablo PD contacted Antioch PD for feedback. Additionally, staff spoke with former staff members of HealthRIGHT 360, who managed the CoCo LEAD Plus program. Although this feedback was anecdotal; Antioch PD elected to discontinue participation in the program after approximately two -years due to negative feedback from referred participants and Antioch PD Staff. Challenges included staffing capacity from Antioch PD to support the program, lack of communication amongst stakeholders , and challenges to incentivize participation from offenders. These challenges have been consistently identified as issues in larger jurisdictions with LEAD Programming.
Alternatives to LEAD Pilot Program
Contra Costa Neighborhood Restorative Partnership (NRP) Program The Neighborhood Restorative Partnership (NRP) is a community -based pre-filing program initiated by the Contra Costa County District Attorney’s Office in partnership with local police departments. This program has been designed to redirect low level misdemeanor offenses from entering the criminal justice system by working as a community to come up with solutions that address the harm caused by these offenses and by focusing on restoring all who have been impacted.
The goal of the NRP is to address low -level misdemeanors or infractions, such as vandal ism, assault/battery, alcohol control violations, and other quality of life crimes by partnering with our local law enforcement agencies and with community volunteers.
SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
Judgement review is derived from a panel of three community members recruited throu gh various community-based programs such as CERT or Community Police Academy. Selected panelists receive training to develop community -based solutions to redress the harm caused by low -level offenses.
Pursuant to Penal Code §14150 – 14156, the District Att orney’s Office empowers panelists with the authority and responsibility to adjudicate certain infraction/misdemeanor offenses, and it empowers facilitators with the authority to facilitate the restorative justice process.
NRP is managed through the District Attorney’s Office and is currently active in: Concord, Richmond, Pittsburg, Martinez, and Walnut Creek.
Criteria for consideration of participation in NRP:
• First time or non-repetitive crimes
• Crime must be a low-end misdemeanor (vandalism, drug possession, theft) • Cannot be a sex crime, felony, habitual criminal or transient NRP Work Flow Process:
NRP Cases 2023:
(110) Cases reviewed:
(41) Offenders enrolled in program
(18) Offenders poised to graduate/complete program
(1) Did not comply with program and original charges were filed
Arrest of low-level
offense
DA/Agency review
for possible NRP
Case Review by NRP
Coordinator at DA
Office
Offender / Victim
agrees to appear via
Zoom Panel Hearing
Panel reviews all
related reports and
party testimony
Panel Decision:
Restorative Justice
Remedies Include:
Pay Restitution;
ADVENT Class, Anger
Mgmt, Counseling
Successful
Completion results in
No Formal Criminal
Charges
Failure to comply
results in Filing
Criminal Case
Charges
SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
Program Costs:
Program costs are required to cover remedy/restorative justice courses for offenders. The DA’s Office pursues re-entry solution grants to support program costs. However, agencies should be prepared with appropriate budget accordingly (Estimated Budget: $50,000).
REACH Project – Juvenile Diversion Program
REACH is managed by a 501 c ( 3) organization. Provides prevention programs in East County and outpatient substance abuse programs for adolescents grades 9-12 and adults. The prevention programs include REACH skills and similar topics for teens grades 6 -12 and parent -child (ages 11 -18) groups in English and Spanish. Offers free drug testing services for adults and adolescents. Provides juvenile diversion program for Antioch, Brentwood and Oakley police depart ments. Offers drug testing services free of charge. Substance abuse treatment program for Pittsburg High School Students.
Additional research is needed to understand workflow coordination and budget impact of initiating a REACH Project in San Pablo.
San Pablo PD has established evidence -based programing within the seven (7) schools located in San Pablo’s jurisdiction. The Juvenile Education and Welfare Liaisons (JEWL) deliver the Gang Reduction Education and Training (GREAT) curriculum to all 6 th grade students annually. Due in large part to the commitment through our community -based programs within the Police Department, San Pablo has experienced a significant reduction in juvenile arrests and gang involvement over the past decade. From 2005-2010, San Pablo PD averaged 155 juvenile arrests annually. From 2018 -2023, San Pablo PD averaged 23.3 juvenile arrests annually (85% decrease).
0 20
40 60
80 100
120
140
160
180
200
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 San Pablo PD Juvenile Arrests
SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
Arrest and Recidivism Analysis in San Pablo
Arrest and recidivism analysis are limited to statistics and data from the San Pablo Police Department. This is an inherent challenge for smaller agencies and cities due to impact s of contacts and arrests across multiple jurisdictions. Here are some key takeaways from 2023 San Pablo PD Arrest Stats:
• There was a total of 2,140 Arrests by San Pablo PD in 2023. The San Pablo PD recidivism arrest rate was 32.9%. Based on available statistics, the national three-year average recidivism rate provided by CDCR was 66.7% in 2018-19.
• The offenses most commonly related to LEAD programs are low-level drug offenses and/or prostitution. San Pablo P D had 267 arrests for standalone low-level drug offenses (12% of total arrests). San Pablo PD has not arrested any individual for prostitution since 2020. This was a regional effort by law enforcement to support awareness of human trafficking victimization and to not prosecute victims involved in prostitution.
• Of the 267 low-level drug arrests, there was a 10% recidivism rate in San Pablo. • 25% of the low-level drug arrests were actual San Pablo Residents. There was only a 7.4% rate of recidivism amongst San Pablo residents for low-level drug offenses. • Subsequent to adoption of Prop 47 beginning in 2014 in California, policy changes in filing thresholds by the District Attorney’s Office were implemented. As such, of the 267 low -level drug offense cases:
o 32% of cases were returned with a decision to not file any criminal charges o 5% of cases resulted in criminal charges being filed by DA’s Office o 73% of cases are being held for disposition as multiple arrests are needed for criminal charge consideration by the DA’s Office
Staff Recommendations
There is empirical evidence to suggest the positive benefits of a LEAD Program for a community.
Successful implementation of such programming can directly reduce arrests and costs associated with criminal justice system processing. However, due to the imme nse coordination of stakeholders required to implement a LEAD Program; a standalone LEAD Pilot Program in San Pablo could prove challenging and cost prohibitive.
Statewide
SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
These challenges are directly related to the size and population of San Pablo. It has bee n previously reported approximately 65% of criminal offenders in San Pablo are not San Pablo residents. The specific low-level crimes in 2023 which are considered for LEAD programming represent a lower ratio of 25% of those offenders residing in San Pablo. The overall recidivism rate of San Pablo PD arrests in 2023 (32.9%) was more than half of the reported national average (66.7%). The recidivism rate of those low -level San Pablo offenders was approximately 7% in 2023.
This analysis of arres ts and jurisdictional limitations speaks to the challenges in realizing actual community benefit with a LEAD program in San Pablo. Much of the incentive of LEAD participation from offenders is voluntary. This can be applied to larger jurisdictions such as San Francisco and Los Angeles, where offenders typically reside or will remain in the jurisdiction to which they offended. Conversely, when the LEAD model was applied to a smaller jurisdiction like the City of Antioch, inability to incentivize participation and track participants was a contributing factor in shutting down the program.
Due to the consistent pattern of “out -of-towners” committing crimes in San Pablo, pre -booking diversion would not be a successful formula. However, post -booking/pre-filing diversion does have an opportunity to realize success in San Pablo. Staff should explore participation with the District Attorney’s Office in the Neighborhood Restorative Partnership Program. Due to the high -level of review and criteria for case acceptance, there is a higher percentage of success associated with individual cases. The disadvantage of the NRP Program is many low-level arrests may not qualify for consideration due in part to the strict criteria requirements.
Staff should also pursue additional information on the REACH Project for incorporation in service to youth in schools. San Pablo PD has a history of successful outreach and crime reduction for the youth in San Pablo. However, emerging issues related to substance abuse (fentanyl, tobacco/vapi ng), may require additional service coordination. Staff should further evaluate the potential need of diversion services within the San Pablo school sites.
San Pablo PD is committed to this issue in reducing recidivism and pursuing alternative methods for resource allocation. The San Pablo PD Priority Oriented Policing (POP) Unit will begin coordinating with clinicians on mental health response in West Contra Costa County beginning this fiscal year. Lieutenant Shawn Ray has been one of the only law enforcement representatives to have a seat on County Council for Homelessness. Lt. Ray is coordinating a feasibility study on mandatory diversion programming for those individuals who repeatedly offend but do not qualify for voluntary programming like NRP or Community Courts. We believe continued pursuit of these measures will have a community benefit in San Pablo and West County. Additional information will be provided for City Council Consideration on these programs this calendar year.
SAN PABLO POLICE DEPARTMENT
Office of the Chief of Police
13880 San Pablo Avenue ● San Pablo, CA 94806 ● Main: 510-215-3130 ● Fax: 510-235- 6882
www.sanpabloca.gov/pol ice
Resources
Board of State and Community Corrections. Law Enforcement Assisted Diversion (LEAD) External Evaluation Report to the California State Legislature, School of Criminology - California State University Long Beach, www.bscc.ca.gov/wp-content/uploads/CSULB-LEAD-REPORT-TO- LEGISLATURE-1-15-2020.pdf.
“Evaluation of the Contra Costa County Law Enforcement Assisted Diversion Plus Program.” Urban Institute Evaluation of CoCo County LEAD Plus Program, www.bscc.ca.gov/wp- content/uploads/Contra-Costa-County-Health-Services-Department-1.pdf. “Lead: Law Enforcement Assisted Diversion.” LEAD: Law Enforcement Assisted Diversion | National Institute of Corrections, nicic.gov/resources/nic-library/web-items/lead-law-enforcement-assisted- diversion. Accessed 6 Mar. 2024.
Offender Recidivism Statewide, www.cdcr.ca.gov/research/offender-outcomes-characteristics/offender- recidivism/.
University of Cincinnati. Assessing the Impact of Law Enforcement Assisted Diversion (LEAD): A Review of Research, Mar. 2021, Assessing the Impact of Law Enforcement Assisted Diversion (LEAD): A Review of Research.