(a) For purposes of this Section 5.25-4, the following definitions apply:
“County Jail 1” means the Intake and Release Center located at 425 7th Street, in San Francisco.
“County Jail 2” means the jail located at 425 7th Street in San Francisco.
“County Jail 4” means the jail located on the 7th floor of the Hall of Justice at 850 Bryant Street in San Francisco.
“County Jail 5” means the jail located at 1 Moreland Drive in San Bruno.
(b) The Commission shall establish the Safety and Justice Challenge Subcommittee (“Subcommittee”).
(c) The following Commission members or their designee shall serve on the Subcommittee: District Attorney, Sheriff, Public Defender, Adult Probation, the Department of Public Health, Reentry Council, the member of a nonprofit organization that works with victims, chosen by the Family Violence Council (Article XIX of this Chapter 5), the member of a nonprofit organization that works with ex-offenders, chosen by the Reentry Council (Article I of this Chapter 5), and the Superior Court if it elects to participate on the Commission and the Subcommittee. The Subcommittee also shall invite a representative of each of these entities to attend all Subcommittee meetings.
(d) To facilitate the closure of County Jail 4 as soon as possible, as mandated by Administrative Code Chapter 122, the Subcommittee shall, by October 1, 2020, develop measures and strategies to accomplish the goal of reducing and sustaining an average daily total jail population of no more than 1,044 incarcerated people combined in County Jails 2 and 5. Those measures and strategies shall address system inefficiencies and systemic racial and income disparities in the jail population, meet the needs of incarcerated persons with behavioral health and substance abuse issues, and include non-jail options for lower-risk individuals that prioritize public safety.
(e) In carrying out its duties, the Subcommittee may consult with the Capital Planning Committee, the Division of Real Estate, the Police Department, the Department of Public Health, a representative of the labor unions representing impacting workers at County Jail 4, and a representative from the contractor or agency responsible for provision of pretrial diversion services, as appropriate.
(f) In carrying out its duties, the Subcommittee shall consider the development of the following measures and strategies:
(1) Based on models like that in Washington DC, development of a public safety release mechanism in addition to the Public Safety Assessment tool, to conduct more thorough reviews (including interviews) of all denied releases, particularly at the 14-, 30-, and 60-day marks, by the contractor or agency responsible for the provision of pretrial diversion services, to expand the number of incarcerated persons eligible for pretrial release;
(2) Expansion of non-custodial supervision and support for those released, including referrals to community courts, collaborative courts, and diversion programs, excluding money bail;
(3) Evaluation of the use of electronic monitoring;
(4) Expansion of eligibility and capacity for programming, including milestone credits and work alternative programs;
(5) Evaluation and reduction of redundancies among agencies with regards to multiple court numbers for a single booking, hold and report to the court, for short-term stays;
(6) Participation and cooperation with the Superior Court’s plans to address lengthy court case processing and unnecessary continuances;
(7) Expedited and streamlined sentencing and sentencing-recommendation processes, utilizing reports that are not legally required only upon a specific, articulated need;
(8) Maximization of data-sharing among all criminal justice partners to facilitate a cohesive assessment of the jail population, using the Justice Tracking Information System (“JUSTIS”);
(9) Exploration of discontinuation of “safe-keeping” arrangements for federal arrestees;
(10) Expedited processes for providing and sharing police reports and rebooking packets with criminal justice partners;
(11) Increased transparency regarding the current jail classification system and the impact of those decisions on jail capacity to the extent permitted by law;
(12) Expedited and streamlined booking in County Jail 1;
(13) Release processes that maximize release from jail before noon to allow access to same-day essential services, and same-day transport to court-ordered placements with verified bed space;
(14) Examination of probation holds, search and seizure conditions, electronic monitoring violations, and other practices that may result in unnecessary detention and criminal records;
(15) Evaluation of the correlation between individuals who reoffend and behavioral health issues and exploration of policies shown to reduce recidivism among persons with behavioral health issues;
(16) Evaluation and recommendations to ensure that resources are in place for incarcerated people upon release that ensure stability and support and prevent recidivism, including: bridge housing with case management; models like Hummingbird Place with treatment beds and wrap-around supports, substance use treatment, and mental health supports; and employment services;
(17) Evaluation and development of targeted mental health diversion and coordination among all agencies to facilitate quick entry into behavioral health programs that ensure that persons otherwise eligible for release from jail are not held longer than necessary while waiting for treatment beds;
(18) Elimination of out-of-county custodial placements; and
(19) Consideration of the 2005 Board of Supervisors Resolution No. 545-05 endorsing the bill of rights established by the San Francisco Children of Incarcerated Parents Partnership.
(20) Formulation of a plan to prepare for an increase in the average daily population above 1,044 (90% capacity at County Jails 2 and 5), after the closure of County Jail 4.
(21) Measures to protect public health in the jails and protect against the spread of infectious diseases within jail facilities among incarcerated people and staff, including identifying incarcerated people and jail staff as priority populations for infectious disease testing moving forward, and developing policy recommendations for temporary housing facilities if the population exceeds a threshold determined by the Director of Jail Health to be safe in preventing the spread of infectious disease.
(g) In carrying out its duties, the Subcommittee shall not consider or develop:
(1) measures or strategies that add new jail beds beyond the current rated capacity of County Jails 2 and 5 through construction, renovation, or reopening of another facility to replace County Jail 4, with the exception of measures or strategies to rehabilitate an existing facility like County Jail 2; or
(2) the transfer of incarcerated people to placements out of county.
(h) Subject to the fiscal, budgetary, and civil service provisions of the Charter, and to the extent consistent with open government laws, the Subcommittee shall, as needed, investigate criminal justice best practices by retaining subject matter experts.
(i) The Subcommittee shall prepare and submit to the Board of Supervisors two reports that describe the Subcommittee’s progress in fulfilling the duties set forth in this Section 5.25-4: a preliminary progress report due August 1, 2020, and a final progress report due October 1, 2020. Both reports shall include an assessment of progress made in reducing the daily total jail population to no more than 1,044 in County Jails 2 and 5 combined and sustaining the reduction, data on the average daily total jail population, the measures and strategies that have been implemented across all justice agencies to accomplish the goal of reducing the total jail population to no more than 1,044, and any outstanding tasks, challenges, or needs. Both reports also shall include an assessment of the impact of COVID-19 on the jail population, the ability to achieve social distancing to prevent spread of the virus within the jails, temporary facilities to house individuals to maintain social distancing recommended by the Health Officer, and policy recommendations to the Board of Supervisors and the Mayor to protect public health and prevent the spread of COVID-19. Both reports shall be accompanied by a proposed Board of Supervisors resolution accepting the report, and the Board may act by resolution to accept, reject, or modify the report. The Subcommittee also shall submit both reports to the Mayor, any City department or office responsible for a program identified in the report, and the City Administrator. The reports shall be available to the public, and the City Administrator shall post the reports on the City Administrator’s website.
(j) In carrying out its duties, the Subcommittee shall receive prompt and full cooperation and assistance from all City departments, offices, officers, and employees. All components of City government shall promptly produce all records and information requested by the Subcommittee, unless prohibited from doing so by state or federal law.
(l) Nothing in this Section 5.25-4 shall be interpreted to interfere with the duties of the District Attorney, Sheriff, or Adult Probation Chief, under State law.
(Added by Ord. 80-20, File No. 200372, App. 5/22/2020, Eff. 6/22/2020)
(Former Sec. 5.25-4 added as Sec. 5.250-3 by Ord. 10-12, File No. 111050, App. 2/2/2012, Eff. 3/3/2012; amended by Ord. 87-15, File No. 150332, App. 6/18/2015, Eff. 7/18/2015; redesignated and amended by Ord. 5-18, File No. 171106, App. 1/19/2018, Eff. 2/19/2018, Retro. 12/31/2017; redesignated as Sec. 5.25-5 by Ord. 80-20, File No. 200372, App. 5/22/2020, Eff. 6/22/2020)