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HomeMy WebLinkAbout4.06 2000-1GrandJuryRpt CITY CLERK File # 640-80 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 16, 2001 SUBJECT: ATTACHMENTS: RECOMMENDATION: 2000-2001 Alameda County Grand Jury Final Report Report Prepared By: Richard C. Ambrose, City Manager 1.) Letter from 2000-2001 Alameda County Grand Jury 2.) Recommendations 01-08 and 01-09 of Grand Jury Final Report 3.) Draft Response Direct City Manager to respond to Grand Jury recommendations FINANCIAL STATEMENT: None DESCRIPTION: Staff has received correspondence from the Alameda County Grand Jury requesting comment on Recommendations 01-08 and 01-09 of the 2000-2001 Alameda County Grand Jury Final Report. These Recommendations direct the formation of a countywide working group to study the feasibility of constructing and operating a combined Criminalistics Laboratory. Following are the Grand Jury Recommendations and a brief discussion of each recommendation: Recommendation 01-08: The Alameda County Sheriff, the Oakland Police Chief, the District Attorney, the Chiefs of Police of all other cities in Alameda County and other concerned law enforcement agencies immediately form a working group to study the feasibility of constructing a combined law enforcement crime laboratory in Alameda County. The County Administrator and city managers should participate in this working group as needed. Discussion: Currently there are two public safety full-service crime laboratories in Alameda County. One is operated by the Oakland Police Department and is located at their Police Headquarters in Oakland. The second crime lab is a function of the Alameda County Sheriff's Office and is located at the Eden Township Substation. Dublin Police Services currently uses the Alameda County Sheriff's Office Crime Laboratory for processing of evidence on an as-needed basis. COPIES TO: ITEM NO. Recommendation 01-09: This working group should study all issues relating to a combined laboratory including location, sources of construction funding, sources of funding annual operations and selection criteria for a laboratory director. This working group should study how the laboratory will be governed, paying particular attention to existing law enforcement shared-funding models. Discussion: The Alameda County Sheriff's Office Crime Laboratory provides laboratory services to all law enforcement agencies within Alameda County, on a fee-for-service basis, including Dublin Police Services. The Property/Evidence Technician assigned to Dublin Police Services is responsible for transporting evidence to the Crime Lab for analysis. RECOMMENDATION: At the Alameda County City Managers meeting held September 19, 2001, the Grand Jury Recommendations were discussed. The consensus was that the Alameda County Chiefs of Police and Sheriff's Association (ACCPSA) review the Grand Jury report and report back to the Alameda County City Managers with its recommendation. At this time it is recommended that the City Council receive the staff report and direct the City Manager to send the attached response to the Alameda County Grand Jury. GRAND JURY County of Alameda RECEIVED AUG 9 2001 CITY OF DUBLIN 3uly 23, 2001 City Manager Richard Ambrose City of Dublin 6500 Dublin Bvd - POB 2340 Dublin, CA-94568 Dear Hr, Ambrose: Enclosed please find the 2000-2001 Alameda County Grand 3ury Final Report. Under California Penal Code sections 93.3 and 933.05 (enclosed), no later than 90 days after a Grand Jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body. Additionally, one copy shall be placed on file with the applicable grand jury report by, and in control of the currently empaneled grand jury. Please respond to recommendations O:L - 08 and 09. We look forward to your response no later than October 23, 2001, and appreciate your time and consideration. Sincerely, SHERRY H. SMITH, Foreman 2000-2001 Alameda County Grand Jury by: Cassie Ba'rr~er, Legal Assistant Alameda County Grand Jury :encl ATTACHMENT I 1401 Lakeside Drive, Suite 1104, Oakland, CA 94612 (510) 272-6259 2000-2001 ALAMEDA COUNTY GRAND JURY FINAL REPORT Law & Justice Committee INTRODUCTION The Law and Justice Committee of the Alameda County Grand Jury investigates matters relating to law enforcement issues including citizen complaints, law enforcement facility inspections, and review of law enforcement process. Dui'ing the term of the 2000-2001 Grand Jury, the Law and Justice Committee initiated two investigations into Alameda County facilities: the Alameda County Coroner's Bureau and the feasibility of developing a county-wide Criminalistics Laboratory. CORONER'S BUREAU This facility is outdated in every way and must be replaced. A tour of the state-of-the-art Coroner's facility in Sacramento County by members of the Grand Jury certainly brought this out dramatically. That facility is 40,000 square feet. It is an example of modem efficiency and is addressing Sacramento's problems, which are the same as Alameda County's. There is good public access, complying with Americans with Disabilities Act (ADA) requirements. CONSOLIDATED CRIMINALISTICS LABORATORY There has been a need for a modem Criminalistics Laboratory in Alameda County for several decades. Two law enforcement laboratories have provided services to the county communities- the Oakland Police Department Laboratory and the Alameda County Sheriff's Office Laboratory. Both are in need of expansion and modernization. The law enforcement managers of Alameda County were interviewed in person or by mailed questionnaires about their respective views. All agreed that a consolidated Criminalistics Laboratory should be developed as soon as possible. 26 ATTACHMENT 2 2000-2001 ALAMEDA COUNTY GRAND JURY FINAL REPORT Law & Jusllce Committee Several members of the Alameda County Grand Jury visited the Oakland Police Department Crime Lab, the Alameda County Sheriff's Department Crime Lab, and the Sacramento County Crime Lab. The total combined space of both Alameda County labs is only 16,000 square feet. The space is much smaller than the expanding Sacramento facility. FACILITY INSPECTIONS Members of the Law and Justice Committee inspected five jail or lock-up facilities during this year. They were Hayward City Jail, Fremont City Jail, Oakland City Jail, and the Sheriffs Office temporary holding facilities at the Alameda County Courthouses in Hayward and Fremont. All sites inspected were generally in order, with some problems noted that need correction. COMPLAINTS The Law and Justice Committee received three complaints from citizens regarding actions by law enforcement agencies in Alameda County. After preliminary investigation of the complaints, none were deemed appropriate for further review and were not pursued. 27 2000-2001 ALAMEDA COUNTY GRAND JURY FINAL REPORT /D Law & Justice Committee FEASIBILITY. OF DEVELOPING A CONSOLIDATED COUNTY-WIDE REGIONAL CRIMINALISTICS/FORENSICS LABORATORY INTRODUCTION The Alameda County Grand Jury conducted hearings on the feasibility of developing a consolidated County-wide Regional Criminalistics/Forensics Laboratory. HISTORY OF FORENSIC SCIENCE IN ALAMEDA COUNTY Criminalistics and Forensic sciences in Alameda County have evolved slowly during the past 50 years. Local law enforcement agencies developed and adapted procedures, current at any given time, to the needs of their individual departments. This usually consisted of photography, sketching, fingerprinting and other limited approaches. There are two law enforcement Cfiminalistics/Forensics Laboratories in Alameda County that have been in existence for a number of years - the Oakland Police Department's Lab and that of the Alameda County Sheriff's Office. Oakland Police Department's Laboratory performs services primarily for that department and the Sheriff's Office performs a county-wide service. These laboratories possess more sophisticated equipment and highly trained personnel and are thus able to conduct more complex scientific investigations. Local law enforcement agencies lack adequate finances to perform such scientific investigations. Major laboratories perform analytical studies on complicated homicides, document examinations, gun shot residue tests, and drug analysis. Rapid advancements in identification such as automated fmgerprint systems and DNA analysis have caused local law enforcement agencies to make greater demands for such advanced services. Training and accreditation for these sophisticated activities, most particularly DNA examinations, along with the purchase of expensive equipment, is a time-consumption as well as a 28 2000-2001 ALAMEDA COUNTY GRAND JURY FINAL REPORT Law & Justice Committee budgetary problem. Due to the above constraints, the Sheriffs Office Laboratory will not be able to conduct DNA analysis until the end of 2001. The District Attomey's Office has traditionally relied upon the Oakland Police Department Laboratory and the Sheriff's Office facility primarily for sophisticated preparation of major cases for court presentations. The Slow process of developing qualified personnel, equipment, testing and certification in DNA analysis has delayed on-line processing and case presentations. Private labs have had to fill the void in this area. The two private laboratories located in Alameda County have been doing DNA analysis to assist the District Attorney and local agencies. Private labs charge the District Attorney and local law enforcement a very high rate for processing evidence, and for expert testimony required for court presentations. This impacts budgets. EVALUATION During the month of February and continuing through March 2001, the Law and Justice Committee conducted hearings relative to the need, feasibility and goal of a consolidated Regional Criminalistics/Forensics Laboratory. Time constraints prevented interviewing all affected law enforcement leaders and laboratory managers in Alameda County. A cross-section of those leaders from different agencies, including the District Attorney, the Sheriff, the Oakland Police Chief as well as several other police chiefs were interviewed in person. The remaining fourteen were mailed a questionnaire to be completed and returned to the Committee. There were nine responses to the mailed questionnaire. Responses indicated diverse opinions and perspectives relative to the question of consolidation. All persons interviewed or responding to the questionnaire felt that there was an immediate need for such a facility, given the continuing rapid advancements in DNA science and forensics in general. Further, the law enforcement leaders all concurred that if properly configured 29 2000-2001 ALAMEDA COUNTY GRAND JURY FINAL REPORT Law & Justice Committee and managed, such a facility would have a stabilizing effect on that portion of their budgets allocated to forensic services. All law enforcement managers felt that the mission of such a facility was primarily to assist in and assume those forensic investigations that were beyond the scope and capability of local agencies to. perform in-house, lacking expertise, instrumentation, facilities, or monetary support. All departments would still retain those preliminary applications, such as photography and fingerprinting, which they currently conduct. As to site, while Oakland favored a site in their city and the Sheriff's Office was committed to a location in unincorporated San Leandro, all others felt that an easily accessible laboratory, centrally located, would be sufficient. No particular location was recommended. The Grand Jury is pleased to learn that the Sheriffand the Oakland Police Chief have begun a study to determine the feasibility of the consolidation of their laboratories. Personnel from both agencies have been assigned this task, and a preliminary report is expected. All of the law enforcement managers interviewed or responding to the questionnaire felt that their respective governing bodies would, under the proper development and administration of such a laboratory, be willing to allocate funding to the project. These funds would be contributed on a population or crime-rate basis as yet to be determined. 30 2000-2001 ALAMEDA COUNTY GRAND JURY FINAL REPORT Law & Justice Committee FINDINGS There are several important reasons for developing a consolidated County-wide Criminalistics/Forensics Laboratory: The Alameda County Sheriff's Office is in dire need of expanding and upgrading their over- crowded facility in San Leandro. Both Oakland Police and the Sheriff's Office are operating in a space of approximately 8,000 square feet each. It should be noted that Sacramento County's modem facility encompasses 40,000 square feet and there is current planning to further expand that lab. The Oakland Police Department Laboratory must move out of its current location almost immediately due to the renovation of the entire Oakland Police Department facility. Such a move presents a rare opportunity to combine personnel, equipment, expertise and finances with other agencies. The consolidation would develop a major and much-needed facility for Alameda County. It would be centrally located and convenient to all agencies. Consolidation will eliminate duplication of expensive equipment and systems and provide a modem research and analysis facility with reduced budgetary commitments. Criminal investigators and prosecutors will have easier access to knowledgeable laboratory personnel for assistance with difficult criminal cases. Consolidation will allow costs for laboratory services to be shared by all city/county law enforcement agencies based upon a percentage of population, crime rate, case submissions, or some other formula. 31 2000-2001 ALAMEDA COUNTY GRAND JURY FINAL REPORT Law & Justice Committee A laboratory of this nature will also allow law enforcement agencies to better anticipate and control their criminalistics/forensics budgets. Tm-around time on laboratory investigations and analysis will be greatly reduced. Communication between the laboratory and city/county law enforcement agencies will be greatly improved. The consolidated laboratory will be better able to compete for and retain qualified personnel. A fully developed DNA program with a major data base can be made available to all local agencies in Alameda County. Scientific investigations can be assigned to greater numbers of qualified personnel, which will reduce now-crowded schedules and caseloads. This will eliminate interruptions of ongoing scientific process. All evidence pertaining to laboratory investigations can be sent to one central location. Because the major activity of such a laboratory is to prepare and present cases to the court system, the District Attorney's Office will have instant access to information they might require. The District Attorney's Office can develop a liaison program with such a laboratory to review work and address problems as they arise. 32 2000-2001 ALAMEDA COUNTY GRAND JURY FINAL REPORT Law & Justice Committee With consolidation of budgets and contributions from agencies county-w/de, a Regional Criminalistics/Forensics Laboratory can be developed and built w/th county law enforcement's long-range plmming needs being clearly addressed. Past attempts to consolidate Alameda County's law enforcement crime labs have floundered, in part because money was not available to construct and operate a joint lab. Today's situation is different. In addition to Oakland and the County's commitment to construct new labs, many other police agencies in Alameda County are willing to contribute funds annually to help operate a combined crime lab. Finally, state grant funds are available now for crime lab construction through a competitive grant application process. A combined crime lab will be more successful in competing for state monies than would either lab individually. The window of opportunity for a combined crime lab is small. Oakland needs a new facility very soon. If the law enforcement leaders of our county and the cities do not act quickly, the opportunity may pass by. RECOMMENDATION 01-08: The Alameda County Sheriff, the Oakland Police Chief, the District Attorney, the Chiefs of Police of all other cities in Alameda County and other concerned law enforcement agencies immediately form a working group to study the feasibility of constructing a combined law enforcement crime laboratory in Alameda County. The County Administrator and city managers should participate in this working group as needed. RECOMMENDATION 01-09: This working group should study all issues relating to a combined laboratory including location, sources of construction funding, sources of funding annual operations and selection criteria for a laboratory director. This working group should study how the laboratory will be governed, paying particular attention to existing law enforcement shared-funding models. 33 CITY OF DUBLIN P.O. Box 2340, Dublin, California 94568 City Offices, 100 Civic Plaza, Dublin, California 94568 October 17, 2001 Sherry H. Smith, Foreperson Alameda County Grand Jury 1401 Lakeside Drive, Suite 1104 Oakland, CA 94612 Dear Foreperson Smith: I am in receipt of a copy of the 2000-2001 Alameda COunty Grand Jury Final Report and have reviewed Recommendations 01-08 and 01-09 concerning the Criminalistics Laboratory per your direction. These recommendations were also discussed at the Alameda County City Managers meeting held September 19, 2001. At this meeting the managers agreed that the Alameda County Chiefs of Police and Sheriff'S Association (ACCPSA) should review the Grand Jury report and report backto the Alameda County City Managers with its recommendation. The City of Dublin supports the proposal that the ACCPSA review the recommendations and report back to the Alameda County City Managers with their opinion. Please do not hesitate to contact me should you require additional information. I can be reached at 925- 833-6650. Sincerely, Richard C. Ambrose City Manager ATTACHMENT 3 Administration (925)833-6650 ' City Council (925)833-6605 · Finance (925)833-6640 · Building Inspection (925)833-6620 Code Enforcement (925) 833-6620 · Engineering (925) 833-6630 · Parks & Community Services (925) 833-6645 Economic Development (925) 833-6650 · Police (925) 833-6670 - Public Works (925) 833-6630 Community Development (925) 833-6610 · Fire Prevention Bureau (925) 833-6606