Special Notice / Hearing: None__
Vote Required: 4/5ths
To: Honorable Board of Supervisors
From: Christina Corpus, Sheriff
Subject: Agreement with the California Department of Justice Bureau of Forensic Services
RECOMMENDATION:
title
Recommendation to:
A) Adopt a resolution authorizing execution of an agreement with the California Department of Justice (DOJ) Bureau of Forensic Services for distribution of the FY 2025 Sexual Assault Evidence Submission Grant Program funds to the San Mateo County Sheriff’s Office, for the term of April 1, 2025 through June 30, 2028, in an amount not to exceed $2,362,500; and
B) Authorizing an Appropriation Transfer Request (ATR) in the amount of $2,362,500 from unanticipated revenue for the FY 2025 Sexual Assault Evidence Submission Grant Program.
body
BACKGROUND:
On September 30, 2018, Assembly Bill 3118 amended Penal Code § 680.4 to require every law enforcement agency to conduct an audit of all untested sexual assault evidence kits in its possession by no later than July 1, 2019.
On October 8, 2019, Senate Bill 22 amended Penal Code §§ 680 and 680.3 to require law enforcement agencies to submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days. The crime lab must process sexual assault forensic evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System (CODIS) as soon as practically possible, but no later than 120 days after initially receiving the evidence for testing.
The California DOJ’s Statewide Audit of Untested Sexual Assault Forensic Evidence Kits 2020 Report to the Legislature indicated that the County of San Mateo had 154 untested sexual assault kits collected in 2016 or later and 497 untested sexual assault kits collected in 2015 or earlier (with three kit collection dates unknown, for a total of 654 untested kits).
The Sheriff’s Office Forensic Laboratory and the Redwood City Police Department previously obtained grants to have some untested kits outsourced for testing. Approximately 450 kits, however, still have not been tested. The Laboratory does not have the resources to test these kits nor the funding to outsource their testing.
Established under the Budget Act of 2021, California DOJ’s Sexual Assault Evidence Submission Grant Program offers funding for local law enforcement agencies to cover the costs of submitting and DNA-testing sexual assault forensic evidence. Receipt of these grant funds will allow the County to have its remaining kits tested.
DISCUSSION:
The Sheriff’s Office applied for and has been awarded FY 2025 Sexual Assault Evidence Submission Grant Program funding in the amount of $2,362,500, for the term of April 1, 2025, through June 30, 2028. The funding is expected to allow the Sheriff’s Office Forensic Laboratory to outsource DNA-testing of all of its remaining untested sexual assault kits.
The amendment and resolution have been reviewed and approved by the County Attorney’s Office as to form.
PERFORMANCE MEASURE:
It is anticipated that by June 2028, 100% of the 654 untested sexual assault kits will have been tested.
COMMUNITY IMPACT:
Accepting the grant funds to test all untested sexual assault evidence kits promotes equity by ensuring that survivors of sexual assault, regardless of race, ethnicity, gender identity, sexual orientation, disability, or socioeconomic background, have equal access to justice, safety, and healing.
FISCAL IMPACT:
The term of this agreement is from April 1, 2025 through June 30, 2028, for a total amount not to exceed $2,362,500. Approval of the Appropriation Transfer Request (ATR) is needed to realize this unanticipated revenue. There is no Net County Cost associated with this agreement.