Title
District Attorney recommending the Board:
1) Find that a public benefit is derived from supporting a contribution to California District Attorneys Association (CDAA) for the purposes of increasing public safety through the analysis of the Zero Bail Policy;
2) Approve the use of Department of Justice Asset Forfeiture Funds for a $10,000 contribution towards the CDAA Zero Bail Study, as a participating County;
3) Adopt and authorize the Chair to sign Resolution 175-2024, approving the $10,000 contribution to CDAA for the purposes of increasing public safety through the analysis of the Zero Bail Policy; and
4) Approve and authorize the Board Chair to sign Fiscal Year 2024-25 budget transfer increasing revenue and appropriations within the District Attorney’s General Fund by $10,000 (4/5 vote required).
FUNDING: Department of Justice Asset Forfeiture Equitable Sharing Funds.
Body
DISCUSSION / BACKGROUND
The District Attorney’s Office (DA), through an agreement with the Federal Department of Justice (DOJ), receives monies for assets seized by partner agencies, also referred to as Equitable Sharing Funds (EQSHR). The funds are deposited into a sub fund until such time the District Attorney requests the use of the funds per the guidelines established in the Equitable Sharing agreement with DOJ. One of the requirements outlined is obtaining Board approval for the use of EQSHR funds. According to the guidelines, EQSHR funds shall be used by law enforcement agencies for law enforcement purposes only, which includes a wide range of operational expenses. The District Attorney is requesting the use of $10,000 from the EQSHR fund, in the form of a contribution, to support their participation in the Zero Bail Study as administered by the California District Attorneys Association (CDAA), a non-profit organization.
Recently, a new policy, known as the “zero bail” policy was implemented as part of the pretrial process. This policy significantly alters how the criminal justice system handles pretrial detention for most offenses in the efforts of addressing jail overcrowding and equitable treatment for defendants regardless of their financial status. The new policy eliminates the cash bail system for all but the most severe crimes, such as misdemeanors and specific non-violent felonies.
As a response to the policy, CDAA has initiated the Zero Bail Study with support from the following counties: Madera, Monterey, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, Santa Barbara, Yolo, and El Dorado. Under this study, analysis shall be conducted to examine the potential impacts of the zero bail policy on criminal re-offenses, failures to appear in court, how custodial status affects plea agreements, and the impact of bail on sentencing outcomes.
The District Attorney is requesting the Board adopt the enclosed resolution, approving the $10,000 contribution towards the study.
ALTERNATIVES
Should the board opt not to approve the use of Equitable Sharing Funds for CDAA Zero bail Study contribution; the department will have to resort to General Fund appropriations.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost as the use of Equitable Sharing Funds is being requested. The enclosed budget transfer increases revenue and appropriations in the District Attorney’s Fiscal Year 2024-25 General Fund budget by $10,000 for the CDAA Zero Bail Study contribution
CLERK OF THE BOARD FOLLOW UP ACTIONS
Upon approval, Clerk of the Board to:
1) Return one certified copy of the resolution to the CAO Central Fiscal Unit, Attn: Justene Cline, and
2) Forward executed budget transfer to the Chief Administrative Office.
STRATEGIC PLAN COMPONENT
Focus Area: Safe and Healthy Communities
Priority: Enhance Information Sharing with Neighboring Law Enforcement Agencies. Supporting the CDAA Zero Bail Study directly encourages information sharing with other Counties for one of the purposes of analyzing the impact of the policy as it relates to public safety.
CONTACT
Vern Pierson, District Attorney