ux [gavel] i guess we are ready. Okay. Good morning. The meeting will come to order. This is the meeting of the government audit and Oversight Committee for july 16, 2015. I named his supervisor yee and chaired a committee to my right is supervisor christiansen, vice chair. And on my left will be supervisor read. The Committee Clerk and the sfgtv. We have jesse larson and Cameron Smith who recorded each of our meetings the transcripts available to public online. Mdm. Clerk, do you have any announcements . Guested please make sure all cell phones and Electronic Devices are off. Items acted upon today will here on the july 28 board of supervisors agenda unless otherwise stated. Okay. Mdm. Clerk, can we talk please call item to out of order item number two is a resolution approving the agreement with nonprofit Owners Association for ministration management established propertybased Community Benefit district known as the Lower Community district. So, i believe the representative from the Mayors Office of economic reports the moment is here to present. Good morning. Good morning chairman yee christiansen. Seniooffice of economic and Workforce Development i oversee the Cities Committee benefit district program. I just like to thank supervisor christiansen for sponsoring the resolution will authorize the Management Contract for the established excuse me, lower Community Benefit disappeared as you all know, on july 29 of 2014 the board of supervisors adopted a resolution to establish the cbd and levy assessments and parcels within the proposed boundaries. In order to the city controller to transfer those assessment funds collected the city must enter into a Management Agreement with the Owners Association of the lord Polk Committee benefit district. There are members here of the lord polk cvd that in case you had questions, are here to answer them. The document attached to the resolution is a template for use for all cds in the city and adjusted accordingly. If approved august committee and by the full board, this will allow the city to transfer the collective assessment funds woefully in september of this year. We anticipate the delivery of just over seven and 60,000 to the cbd within the 2014 seven and 60,000 to the cbd within the 20 14 for the 2014 fiscal year and in 201516 we anticipate a collection of just under 800,000. I can answer any questions if you have any. Any questions . No questions. I want to point then im not sure by supervisor london breed. Okay. If theres no questions is there a motion . Any Public Comments on this item . I come to city hall every morning. On monday, tuesday, wednesday, thursday, almost every single meeting. From chinatown. [inaudible] the next up was actually [inaudible]. I know well about polk. Lower polk , every person in polk, most of those areas, they feel the business treasure, the way they conduct business. Lower polk cannot be extended to a movie theater, 20 years ago, there was actually a [inaudible]. A movie theater. So we extend the cafe of entertainment [inaudible]. Planning for this [inaudible]. Any other Public Comments on this item . Morning, supervised. My name is chris charming. Im the chair and president of the local cbd board of directors. Very briefly, im only here to think some folks. Id like to thank those who were fortunate of all three supervisors in our district here. I like to thank supervisor christiansen brawlers support, especially for curing this resolution. Our staff has been great. Supervisor kim thank you for your support as we get we met with your staff recently and we appreciate it. Supervisor read, we appreciate your continued support. I guess there are no questions, then thats all i have. I also like to thank for their support. They were key to us they support a strongly and i do want to thank the late Michelle Thomas for all his efforts to set up. We would not have been able to do it without him. Thank you. Shifted and other Public Comments . Seeing none, Public Comment is now closed [gavel] supervisor christiansen i just want to thank chris and of course show for making this happen to everybody knows, im a big proponent of the cbds. They been such a important part to augment City Services in our commercial district. I think this lower polk cvd is going to be a challenging one. Its been challenging so far and i think there will continue to be. This is certainly an area, as chris mentioned, touches on a lot of different districts, a lot of different types of conditions both commercial and residential. The money thats been allocated for this cbd is going to allow great promise and also bring great responsibility. So, i look forward to having myself and my staff continue to work with the cbd and with oe wb to make this an inclusive and Progressive Group that can hopefully accomplish great things for lower polk. So thanks to all involved. Any other comments . Seeing none, can leave a motion to for this item to the full board . So moved. Over no objection the motion passes [gavel] mdm. Clerk, please call item number one. Item number one a hearing on a jail regaled as the party city and county of San Franciscos 10 year capital plan. So, supervisor kim has joined us, and she has some questions at this year. I like to ask you to make remarks and introduce the presented. Thank you. I want to note the cosponsor of this hearing, supervisor president london breed as well. First of all, what i think everyone for joining us on this hearing. We did engage in a lively discussion yesterday when an action item was before the Budget Committee on the state Grant Application and mitigated certification kit today, this hearing is really about fleshing out all the possible alternatives that the city can take to a jail rebuild which is being proposed before this body today. I think the key question is that the board has before the city spends 290 million of taxpayer dollars, Construction Costs alone to build a replacement facility to imprison people, we should know why and whether this is the best course of action to take. One of the main questions that several members of this board is asking, what is the appropriate jail site. This number has fluctuated over the last year and a half. It actually has been shrinking as we further studied the issue. When we already have two facilities in san fran appeared San Francisco has built three gels over the last 30 years and is the only county in the state of california to have built a jail since 2000 however or pete that i get it were only in the state county in the state of california is build a new jail since 2000 and the handout for members of the committee and the public can see the history of the jill construction of San Francisco based on information contained in the may 2014 reported by the Public Policy institute of california. We know that gels are expensive to build and because we were not able to include it in our bond measure, in the past, we use very expensive form of financing in order to do this which is our certificates of participation. We end up paying for these new gels for decades. The city will be building the facility with financing obtained against cops though cost San Francisco almost a third of 1 billion in Construction Costs alone. San francisco voters not approved construction of a jail in 25 years according to the department of election. And, the Construction Costs only 10 of the total cost of the jill over its life, according to the california state sheriffs association. Originally, the plan calls for 2000 and jail beds and 2018. The controller then revised the estimate for only 2091 and we have therefore then reduced the estimate based on jail population that resulted willie from the good work of the criminal justice partner and the Sheriffs Department get the pretrial diversion project artistic attorney, public defender, our peace department, and of course our innovative Adult Probation Department. Let me just say, i applaud the work of all of our agencies in doing this work we are really a model i think the rest of the nation. In reducing our incarceration and providing real alternatives that actually prevent individuals from recidivism which is our goal to keep our city safer. We will also be hearing today from the Controllers Office on their update to the jail population forecast, which includes the lower lowest forecast published by any organization to date but options that range from zero new beds to the highend estimate of 393 beds. There are two factors that directly determine the total job population. The number of people booked into jail and the length of their stay in custody. The average length of stay for those obtained, the time between booking and release, has followed by an average of 13 since 2010. Over the last five years, the average daily population declined by an average of 8 per year faster than the previous days. In fact, the average jail population 2014 has been the lowest since 1982. Based on the impact of proposition 47, the strategic use of alternative methods of incarceration including electronic monitoring and home detention, and continuing advances being made in pretrial diversion and supervision practice the new public defenders funded program on providing more Legal Support during the actual bail hearing, the decrease in number of beds in the jill seems like a strong likelihood its not a surety. If the citys only 50 of our beds today, why dont we have enough when we still know we have 1532 beds available without a new jail facility . So, we will be exploring this is questioned. I know there are multiple perspectives and i look forward to it. I think the big question i also have is that, you know, it was a server edition eight at the Budget Committee yesterday that this is not extension of our gels. This is a rebuild. Let me just say first of all, i completely agree. The current jail is a jail three and number four are completely unsafe. Not just our inmates but the sheriffs deputies that work there and i think we need a plan today to empty both floors did weve emptied one already. Immediately. Even if we do this site to build a new jail wont be completed until 2021 ivanek six years were putting our men and women at risk at life risk, during that time her back. But others of construction of a new jail, i like to come up with a plan to empty the final floor of this current jail at the hall of justice. Second, i think before we determine what the size of the new jail should be we should further look at more alternatives. What percentage of our jail population as they are because theyre severely mentally ill ask what percentage are there because theyre homeless and nowhere to go . We realize there are other solutions to the population that is there i think we can come up with some real alternatives that will really help make our gels im sorry will help make our city safer in the long term and i believe take the city into the 21st century. With those comments, id like to give the floor to pres. London breed at all, our presenters. Thank you supervisor kim cared thank you supervisor yee for allowing us to host this hearing today. The very important hearing about very important issue. Thank you everyone for coming today can we have i know a lot of speakers so i will be as brief as possible. Supervisor kim clearly outlines a number of things that were very concerned about. We are being asked for most recent Million Dollars to build a new jail and thats a lot of money. Gels are not something im very excited about building more poorly, i have not yet heard a detail or compelling case for why this plan is the best option. Thats my problem. More importantly, we know that is unsafe and needs to be closed. We all agree on that. Which means, only to find space for 300 or so inmates that are housed in cj four. I think be averages are right with expanded diversion program, we can and should reduce incarceration rates starting today. So lets say of those 300 we end up with 100 or 150 or even 200 needed jail beds. We have cjone has no beds. There is no Additional Space in cjfive and aptly look at what it would cost in detail three model cjtwo in order to accommodate the number of beds that we will need. I dont like the idea, buddy interests of due diligence, is there any viable Cost Effective way to model cjsix. What are the details, why or why not . If we build a new structure, why isnt it being planned as a combined jail, mental health, and diversion facility instead of just a jail . More importantly, why are we not looking at a conference a plan for a50 highend in general which also includes the das office, adult probation, the courts, the Sheriffs Department and the Public Defenders Office . We need to think about inefficient way to include all of these departments and do whats necessary in order to address some of the most pressing issues with our jail population, especially the issue of mental health. Our plan should reflect our values and include safer conditions for staff and inmates, more programs to reduce recidivism, more and more diversion programs. Whatever plan we move forward with, city staff must make a compelling case for it before im going to feel comfortable supporting it. The current plan is not something i feel comfortable supporting, which is why we are here, to ask questions and explore alternatives. I look forward to hearing those in detail today and thank you everyone again for being here. So, if there are no other comments from the committee, i will now open up for the presentation. We do have a number of presenters today. So, i apologize for the length but we did ask each of the presenters if they could keep their presentation to under 57 min. I will list all the presenters in order. So, everyone is aware of who is presenting. First we do have mr. Gonzales former member of the board of supervisors to speak on Public Defenders Office. Christine deberry district atty. Chief of staff. Will young the director of the pretrial diversion project. Sharon fletcher the chief of Adult Probation Department is actually here to answer questions if the board has any good she does not have a presentation. Jill Robinson Department of public health, director of Behavioral Health services, deputy chief friedman from the sheriffs apartment. Kyle patterson, from the Controllers Office, and finally, brian strom and charles declares capital plan and budget dg dpw project manager first i like to ask supervisor matt gonzalez. Welcome back. Thank you. Supervisors, good morning. Public defender within himself that hes on a muchneeded vacation. This is an issue thats important. Let me, if we can go to the presentation and get right into it so this is the way we see the current situation. There are, in effect, three locations were prisoners are held in our jails in San Francisco. Thats on the left there, zambrano has two facilities. The seventh street locations and the six and seven for and then im sorry. Thats the seventh street jail and 96 and 74 at the hall of justice. The figures, the first immediate column, if you go down, thats what the capacity was until recently about 2400 beds were available. The next two columns i think are the scenario one and scenario to that the controllers reports shows. In the middle column, then, that 1600 number figure, thats the figure of what our capacity would be if the annex at san bruno remained open. The sheriff has made a decision to close it. So were looking at capacity they are of just a little over 1200. So, for the purposes of my comments, im simply assuming the sharks decision is the righteous one, and that thats our capacity at the bottom. The controller is forecasting that in 2020 we are going to need 131600 beds. Of course, thats higher than the capacity we have of that 1200 figure, assuming the annex is close. We feel fairly confident that our Current Population in the jail, that is around when our capacity is without the annex, around 1200, could actually be pushed down to Something Like 800 currently. So, we think the estimates forecasted into the future would be easy to meet without constructing a new jail. The reason is, we have so many people being held in custody prior to being sentenced. In other words, they are awaiting trial. Theyre being held in custody and this figure is among the highest in the country. So, we see, basically, three main areas to meet this shortfall that we currently have based on the controllers. One, of course, state realignment in prop 47. We can see that to a certain extent, the media affects of these major changes in our society that weve already seen a decrease in the jail population, and if theres some that telling effect occurring, but we think moving forward, the werewolf be also further reduction. For instance, with state realignment. Have with fewer felonies, you are going to have fewer state prison sentences, fewer parolees, and naturally, less people in custody. That is something thats when driving in the future as the number of felonies dropped because of prop 47, etc. Of course, wed expand collaborative course. Im going to show you the capacity in those courts is actually quite high and, as supervisor kim pointed out, i think aggressively going after real issues in the county can address the population. So, with realignment in prop 47, of course, i think everybody by now is fairly aware of some of the impacts. But, there are some things that are not being considered in terms of the longterm effect. Ugly prop 47 as an example. When you reduce certain felonies to a misdemeanor, with a drug position, you can immediately assess the fact that those individuals are going to be more likely to get out of custody and that perhaps were already seen the effect of that. But, in the longterm, some of the offenses that are not misdemeanors, thats a possession for sale of drugs, remains a felony, the value of that case and how it is perceived by the courts is also going to shift over time because of the possession is a misdemeanor the possession for sale of a small amount of contraband might be perceived differently. You might settle that case for a misdemeanor. You might settle it for probation. You might settle it for one of the alternative course. So, we think some of those effects that were going to see that moving into the future. The collaborative course were all of course very proud of the effect of these courts and at the bottom thereare some of the studies that show there very effective in reducing recidivism. But we have here is the currentparticipants in these various courts, and then we have the existing additional capacity for those different alternative courts. For instance, with the court we have 93 participants, but we have an additional capacity that could double that. Now, those numbers that are in that column related to the additional capacity, not all of those individuals, of course, are in custody at the time that they elect to participate in the collaborative courts. However, our estimate that is it could be as high as 40 of that population would be referred from in custody into those collaborative courts. We have some new collaborative courts as well. The misdemeanor Behavioral Health courts and the young adult courts. Of course those numbers are more modest, but still i think significant when youre trying to meet the controllers neck expectation of what we would need in 2020. The money belt system is also something that is coming under attack. Its interesting that the United States in the philippines are the only countries that rely on it. If you think about it, the premise is fairly absurd, which is you appear before a judge and in some cases that judge says, you are a safety risk to be released into custody. So the judge set a money there. If you compose the money belt you get out of custody. Because if that risk that you post suddenly evaporates simply because you posted money belt, and so for that reason, increasingly theres an interest in moving away from that. Our district atty. Shares our interest in coming up with risk factors that would be more equitable and more appropriate to consider at the time. Deciding whether or not someone should remain in custody. Of course, one of the unfortunate things is that even in a city like San Francisco we are seeing a very disproportionate impact on certain communities of color. So, there are some very successful bail reform models that are occurring right now in other places. Washington dc has a very Aggressive Program that tries to release virtually everyone that gets arrested except for the very few individuals that pose a safety risk, and new york city has been exterminating now with some different programs. The impact on africanamericans, there has been a lot of controversy over trying to bring attention to this. For instance, the statistic that says San Francisco has a distortion at rate of africanamericans incarcerated compared to the percentage of the population is often met with a response that says well, africanamericans commit more crime and therefore this is not an appropriate thing to look at. But a recent study and this is the cited at the bottom there the hayward burns institute, made some findings that i think are really quite dramatic. In that third paragraph there, the rates of pretrial release at arraignment are higher for white adults for almost every quarter and if you look at that, 39 of black adults had prior felonies compared to 26 of white adults. However, white adults with prior felonies were almost more likely to receive of pretrial release at arraignment. Then, the next number, 44 of black adults had prior misdemeanors compared to 45 of white adults. However, white adults with prior misdemeanors were almost always more likely to receive pretrial release at arraignment. So, that something that we are very attuned to and that there are number of very interesting studies that show that even with experienced judges when you give them a folder that lays out whether or not they think somebody should be released, the information, whether or not there should be bail set, and you include a mug shot of an africanamerican or a mug shot of a caucasian person with a very exact same data