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(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)
Notwithstanding Rule 2.21 of the Board of Supervisors Rules of Order, which provides that advisory bodies created by the Board should sunset within three years, this Article XXV shall expire on June 30, 2026 unless the Board of Supervisors adopts an ordinance continuing its existence. In the event this Article expires, the City Attorney shall cause it to be removed from the Administrative Code. The Commission shall submit a report to the Board of Supervisors by January 1, 2026 recommending whether the Commission should continue to operate, and if so, whether the Board of Supervisors should consider legislative changes that would enhance the capacity of the Commission to achieve the goals underlying this Article. The Commission’s recommendations shall include drafts of ordinances that would implement its recommendations.
(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 as Sec. 5.25-4 and amended by Ord. 5-18, File No. 171106, App. 1/19/2018, Eff. 2/19/2018, Retro. 12/31/2017; redesignated by Ord. 80-20, File No. 200372, App. 5/22/2020, Eff. 6/22/2020; amended by Ord. 143-23, File No. 230569, App. 7/26/2023, Eff. 8/26/2023, Retro. 6/30/2023)
(Former Sec. 5.250 added by Ord. 94-04, File No. 020585, App. 5/27/2004; expired 3/1/2007)
(Added by Ord. 10-12
, File No. 111050, App. 2/2/2012, Eff. 3/3/2012; amended by Ord. 75-14
, File No. 140226, App. 5/28/2014, Eff. 6/27/2014; Ord. 87-15
, File No. 150332, App. 6/18/2015, Eff. 7/18/2015; redesignated as Sec. 5.25-3 and amended by Ord. 5-18, File No. 171106, App. 1/19/2018, Eff. 2/19/2018, Retro. 12/31/2017)
(Added 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 as Sec. 5.25-4 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)
Creation of Committee. | |
Membership and Qualifications. | |
Organization and Terms of Office. | |
Duties. | |
Meetings and Procedures. | |
Sunset. |
Editor’s Notes:
Former Chapter 5, Article XXVI (“Wage Theft Task Force”), which comprised former Secs. 5.260 through 5.260-5, was repealed by Ord. 4-19, File No. 180217, App. 1/25/2019, Eff. 2/25/2019.
Former Chapter 5, Article XXVI (“Back Streets Business Advisory Board”), which comprised former Secs. 5.260 through 5.265, was enacted by Ord. 279-04, File No. 041356, App. 11/26/2004, and amended in part by Ord. 8-08, File No. 071565, App. 1/18/2008. It expired by operation of its sunset provision on 12/31/2008.
The Board of Supervisors hereby establishes the South of Market Community Planning Advisory Committee (“Committee”).
(Added by Ord. 242-19, File No. 181215, App. 11/1/2019, Eff. 12/2/2019)
(a) The Committee shall consist of 11 voting members. Together, the members of the Committee shall represent the cultural diversity of the East SoMa, Central SoMa, and Western SoMa neighborhoods, and ideally will include renters of residences in the neighborhoods, resident homeowners in the neighborhoods, low-income residents, local merchants, and representatives of established neighborhood groups within the East SoMa, Central SoMa, and Western SoMa Plan Areas. All members shall live, work, or own a business within the boundaries of the East SoMa, Central SoMa, or Western SoMa Area Plans. When fully constituted, at least three members shall live within the boundaries of the East SoMa, Central SoMa, or Western SoMa Area Plans.
(b) Seats 1, 2, 3, 4, 5, 6, and 7 shall be held by individuals nominated by the District 6 Supervisor and appointed by the Board of Supervisors.
(1) Seat 1 shall be held by an individual who has small business expertise.
(2) Seat 2 shall be held by an individual with familiarity and experience in infrastructure and/or safety, as relating to pedestrians, bicyclists, or transit.
(3) Seat 3 shall be held by an individual who has familiarity and experience in historic preservation and/or cultural preservation.
(4) Seat 4 shall be held by an individual who has familiarity and experience in development and/or management of affordable housing.
(5) Seat 5 shall be held by an individual who provides direct social services to SoMa residents.
(6) Seats 6 and 7 shall have no additional required qualifications.
(c) Seats 8, 9, 10, and 11 shall be held by individuals appointed by the Mayor.
(1) Seat 8 shall be held by an individual with a record of advocacy for parks, recreation, and open space in San Francisco.
(2) Seat 9 shall be held by an individual who has expertise in employment development or represents labor interests.
(3) Seats 10 and 11 shall have no additional required qualifications.
(d) There shall be 11 alternate members of the Committee, one designated for each of the 11 seats. Alternate members shall be appointed for their respective seats in the same manner prescribed in subsections (b) and (c). The alternate members of the Committee ideally will meet the requirements set forth in subsections (b) and (c) for their respective seats, but in any event must meet the standards set for voting members in subsection (a). An alternate member shall temporarily serve on the Committee as a voting member when there is a vacancy in the seat, or when the seat is filled but the member holding the seat is absent from the meeting; the same is true for an alternate member temporarily serving on a subcommittee or working group.
(e) Each member and each alternate member of the Committee shall serve at the pleasure of their respective appointing authority and may be removed by their appointing authority at any time.
(Added by Ord. 242-19, File No. 181215, App. 11/1/2019, Eff. 12/2/2019)
(a) Members of the Committee shall serve three-year terms; provided, however, that the term of the initial appointees, including alternates, in Seats 1, 2, 7, and 8 shall expire at noon on August 1, 2021; the term of the initial appointees in Seats 3, 4, 9, and 10, including alternates, shall expire at noon on August 1, 2022; and the term of the initial appointees in Seats 5, 6, and 11, including alternates, shall expire at noon on August 1, 2023. There shall be no limits on the number of terms a member may serve on the Committee, as either a voting member or an alternate.
(b) Service on the Committee shall be voluntary and members shall receive no compensation from the City.
(c) Any voting member who misses three regular meetings of the Committee within a six-month period without the express approval of the Committee by majority vote at or before each missed meeting shall be deemed to have resigned from the Committee 10 days after the third unapproved absence. The Committee shall inform the Clerk of the Board of Supervisors in the case of a Board appointee, and the Mayor’s Office in the case of a mayoral appointee, of any such resignation. Any absence of a voting member of the Committee shall be deemed approved by the Committee, and shall not count as an unapproved absence, if the alternate member of the Committee designated for the seat attends a meeting in place of the absent voting member.
(d) The Planning Department, in consultation as appropriate with other members of the Interagency Planning and Implementation Committee described in Chapter 36 of the Administrative Code, shall provide expertise to the Committee as appropriate. The Planning Department shall provide administrative and clerical support for the Committee.
(Added by Ord. 242-19, File No. 181215, App. 11/1/2019, Eff. 12/2/2019)
(a) The general purpose of the Committee shall be to provide input to the Board of Supervisors, the Mayor, and City agencies regarding the implementation of the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan. The City agencies to which the Committee may provide input include, but are not limited to, the Planning Department, the Mayor’s Office of Housing and Community Development, the Office of Economic and Workforce Development, the Municipal Transportation Agency, the Recreation and Park Department, the Department of Public Works, the Arts Commission, and the Interagency Planning and Implementation Committee. The Committee’s prioritization of revenue expenditures described in subsection (b) below that are collected from development projects in the Central SoMa Plan Area shall be consistent with the Central SoMa Implementation Program document.
(b) The Committee may provide advice regarding the following:
(1) Prioritization of community improvement projects and other public investments funded by the Central SoMa Infrastructure Impact Fund, established in Planning Code Section 433.4, including review of any proposed In-Kind Agreements;
(2) Prioritization of community improvement projects and other public investments related to transit, parks and recreation, complete streets, and environmental sustainability that are funded by proceeds of the Central SoMa Community Facilities District special tax, as described in Planning Code Section 434;
(3) Prioritization of community improvement projects and other public investments funded with Eastern Neighborhoods Impact Fee revenues collected from development projects within East SoMa, Central SoMa, and Western SoMa pursuant to Planning Code Section 423, including review of any proposed In-Kind Agreements;
(4) Proposed revisions or updates to the Central SoMa Implementation Program Document;
(5) Proposed revisions to the sections of the Planning Code or other Codes that are related to implementation of the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan; and
(6) Monitoring implementation of the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan.
(c) The Committee also may provide advice on the following issues regarding development projects and proposals within the boundaries of the East SoMa Area Plan, Central SoMa Plan, or Western SoMa Area Plan, or within 0.25 miles of the boundaries of said area plans but outside the boundaries of the Showplace Square/Potrero Hill, Mission, Central Waterfront, and Market and Octavia Area Plans:
(1) Individual development proposals;
(2) Compliance by individual development projects with specific conditions of project approvals;
(3) Design and programming of open spaces, including Privately-Owned Public Open Spaces (POPOS); and
(4) Development proposals for public properties.
(d) City agencies may seek input from the Committee on policy matters regarding land use and zoning changes, capital improvement plans, and other activities that implement the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan.
(e) The Committee shall collaborate with the Planning Department and relevant city agencies in monitoring implementation of the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan at approximately every fifth year, in coordination with the duties required by this Section 5.26-4 and Administrative Code Section 10.E;1
and provide input to Plan Area monitoring efforts for required time-series reporting.
(f) The Committee shall coordinate with the SoMa Community Stabilization Fund Community Advisory Committee established in Administrative Code Chapter 5, Article XXVII, when providing advice on matters within the programmatic jurisdiction of both committees.
(Added by Ord. 242-19, File No. 181215, App. 11/1/2019, Eff. 12/2/2019)
CODIFICATION NOTE
(a) The Board of Supervisors and Mayor shall make initial appointments to the Committee by no later than three months after the effective date of the ordinance in Board File No. 181215 establishing the Committee. The Committee shall hold its inaugural meeting not more than 30 days after voting members have been appointed to six seats. There shall be at least 10 days’ notice of the inaugural meeting. Following the inaugural meeting, the Committee shall hold a regular meeting not less than once every three months until the sunset date set forth in Section 5.26-6.
(b) The Committee shall elect its officers and may establish bylaws and rules for its organization and procedures. The Committee may establish subcommittees or working groups. Each such subcommittee or working group shall include at least two voting Committee members, but may also include other individuals selected by the Committee who are not voting members of the Committee.
(Added by Ord. 242-19, File No. 181215, App. 11/1/2019, Eff. 12/2/2019)
Unless the Board of Supervisors by ordinance extends the term of the Committee, this Article XXVI
, and hence the Committee, shall expire by operation of law, and the Committee shall terminate, on January 1, 2035. After that date, the City Attorney shall cause this Article XXVI
to be removed from the Administrative Code. Notwithstanding Rule 2.21 of the Board of Supervisors Rules of Order, which provides that advisory bodies created by the Board should sunset within three years, the Board intends the Committee to exist for longer than three years.
(Added by Ord. 242-19, File No. 181215, App. 11/1/2019, Eff. 12/2/2019)
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