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, they are more likely to let the caucasian person out of custody. I think that is something that we are just coming to terms with. So, we are excited about the bail reform efforts. We know that we can address the racial disparities, the dist. Atty. Is also committed to it. I dont think anybody, when this information is presented to them, is trying to defend it. I think we are just trying to find a way of creating a more equitable system and make sure that everybody gets due process. Here, with our new resources to really focus on bail, we are hoping that judges that make that immediate determination at arraignment, to set bail and keep somebody in custody, will have an opportunity with a written bail motion and some investigation behind it that can really give that judge an opportunity to know somebody better than perhaps build the confidence that they need to release somebody into the public that they will more likely reached that conclusion. We are estimating that with two attorneys, to paralegals, that were dedicating to this effort, in addition to our entire misdemeanor and felony unit that already bring these motions, but this kind of real emphasis on it, can result in 600 additional bail or motions argued in felony and misdemeanor cases, and given our success rate in the last year we are estimating that alone could reduce the jail population by 240. We do think there is an under utilized nation of electronic monitoring this is all something you should consider conducting the sheriff has been committed to this. Its a fairly strong lawenforcement tool of course while somebody is out of custody awaiting trial, you know exactly where they are because of the ankle monitor. We only got 42 individuals anticipating in it right now. We think a very conservative estimate is that could be expanded by 100, and again, thats a substantial reduction in jail population. So, just to conclude then, we have got the point i made earlier that realignment may have plateaued in the short term, but because of fewer felonies and fewer state prison sentences there there be fewer parolees in the future. Bob 47 will continue to reduce the jail population because its also going to be pushing down the value of some of the offenses that remain a felony offense. Weve have got the currently available slots and collaborative courts and of course, if we expand the criteria, which we occasionally do when we meet with the dist. Atty. And try to find a way to make this available for more individuals, again, that can expand. We got the bail motion efforts. Electronic monitoring. And of course there are other larger strategies that will impact us in the years to come. Certainly, the illumination of money belt will be a major issue. So, thank you all. Thank you. Thank you supervisor for being here and was actually incredibly informative and also really helpful in understanding with public defender has done and what they can hope to continue to do and i look forward to the work on the pretrial detention unit one. Next kristin dubarry from the District Attorneys Office. I just want to my presenters, all this information is so interesting so far for me to stop it which is to be aware of time because we have a number of presenters and a number of members of public that want to speak on this item as well. Good morning, supervise. Chairman yee thanks for having me on have addition to journey george to talk briefly about the give that a try to keep my comments brief and readable for any questions you may have. I want to just first sleep set some context why we came to this congress get odyssey, were one of the big drivers people end up in custody. We are the people that decide how long summary states for the most part. Aside from the judges and the courtrooms making decisions independent of us. I think its important to look at criminal justice is a tectonic shift and we been in that moment for the entirety of this decade with the realignment, prop 47, losing dramatic changes in our jail population in our approach to criminal justice in this country. Just yesterday the president was commuting sentences for drug offenders. Its not in San Francisco phenomena. Or having a National Conversation about whether incarceration is the right way to proceed as an intervention and i think its important to have this conversation in that backdrop and not think about this just as a momentary lip there were expensing in 2013 or 14 were actually in the midst of a sea change. Thats particularly important because were talking about infrastructure investment. Talk about making longterm investments in facilities that may no longer meet the needs of our society. So, in San Francisco and around the country drug offenses have been when the largest drivers of jail populations. They always have been since the 1980s. In the last 10 years San Francisco steak and a different approach from a Police Department to the District Attorneys Office. The shares of him, the Public Defenders Office. Weve all take a fresh look at drug prosecutions and arrest and try to decide if thats the most appropriate way to handle that behavior. You can see from these statistics, in 2009, 63 of all our felonies in the District Attorneys Office were drug prosecutions. Last year, 2014, prior to prop 47 passing. 226 . We are receiving fewer drug arrest from the Police Department. Were filing fewer drug prosecutions and fewer people in custody for drugs. Today than there were hired to prop 47 and certainly after. So to talk briefly about the trends. I think the board as were trying to forecast where we should land in 2020, jail population is the continued to decrease down 35 in the last 10 years since 2008 we seen a 34 reduction justin even in admissions, not just gel speak. Jill states themselves have been reduced from an average of 53 days down to an average of 28 days in 2014. Im sure youre all aware the two biggest predictors of your jail need our admissions and length of stay. So, we look at the controllers reports using the shares data from 2014, average daily population lowest in 33 it. I think weve map reference that as a matter of 1285. I think what i found surprising in reading the report continues 2015 numbers. Proposition 47 passed in november of 2014, so the controllers data is 11 months of preprop 47 data and one month of prop 47 date. Maybe a month and a half. So, if we were to take a look at this same information using 2015 data, we would see a further decrease in how average daily population of around 1189. I apologize for interrupting can ask your question about that. I guess the question will post prop 47 will see further decline . The response i got was actually, because we been influencing many aspects of prop 47 prior to the passage by the state, we would not see an impact to prop 47 in San Francisco. Is that what you been seeing in the District Attorneys Office . We are seeing impact. I know there was a hearing shortly after prop 47 passing talking to testify to that people talk about the shift in the work they were experiencing such that they didnt proceed reductions in their staff related to that, but the work itself is absolutely changing and is most noticeable in the jail population. So, if you look at the numbers from 20142015, its about 100 fewer inmates on an average daily population. Thank you for that clarification. This is important because we went through realignment, which every other county in the state experience an increase in the local jail population. We do not experience that. The Sheriffs Office and our agencies were able to maintain the jail population that continued to the client during that time and now prop 47 in additional reduction of 100. This is a chart that shows the average jail population from 2004 through 2015. The solid line is the controllers forecasted population for five years from now. We talked about 2020 but its far away but in five years they are suggesting that there will be 1235 inmates. Rowley below that. So, if you have looked at the 2014 numbers we wouldve needed a slight further reduction in our inmate population to about that 2020 production, but if you use the 2015 average daily population is actually weve gone beneath that which would suggest were forecasting an increase in our jail population in the next five years rather than a decrease. This population reduction using this 2015 numbers shows we would have just rated beds, that the sheriffs the barman says are eligible to be filled by an inmate, not ones in a cell to smile when i would result in overcrowding, just using the appropriate weighted gel vacancy, we have a 50 vacancy with the Current Population. If we were to go close three and four, the floors of all injustice, we still have a vacancy of 27 . This life just shows the different studies that have been conducted in the past four years find to estimate what our jail population is and what i find important about this is just that were on a continuous downward slide in this. Each time weve done the production we were confident in the number and thes office is work earnestly to give us that numbers but when we reevaluated the number goes down further. It suggest were in the middle of a move and its not necessarily the right time to make a final decision such as infrastructure. This just shows an inverse of the increase in the number of vacancies that we have right. As of today we have 1171 rated vacant beds. I know the purpose of this hearing was to spend some time what else we could do if we wanted to look in a different direction rather than building a jill. I raise the context of the National Conversation because here in San Francisco we been having and now receiving the support through grants the larger National Conversation about really trying to find