captioned by the national captioning institute --www.ncicap.org-- supervisor chiu: good morning. welcome to the public safety committee. it is monday, december 6, 2010. we're joined today by our colleagues, supervisor elsbernd and i understand that supervisor mirkarimi is not feeling well today and i wonder

if we could entertain a motion to excuse him. without objection, he is excused. i would like to thank sfgtv for continued coverage of this committee. any announcements? >> all persons attending this meeting are requested to turn off all cell phones and pagers. please submit copies of materials submitted for the file. if you wish to speak please place your container -- speaker card into the container on the left. items recommended out of committee today will be recognized by the full board next week unless another date is indicated. supervisor chiu: please call item no. 1. >> item number one, hearing on san francisco's public safety conditions, including a discussion of citywide crime levels and crime levels by police district station and/or neighborhood. the hearing shall include a presentation from the mayor's office of criminal justice and/or the san francisco police department, which shall provide all information relevant to the discussion. the

information provided shall include, without limitation: (1) update on crime statistics citywide and broken down by police district station and/or neighborhood; (2) data and plans on the progress of crime fighting strategies and prosecutions made; and (4) any relevant category. >> good morning, supervisors. these other crime statistics from november 1 to december 1. homicide statistics are up 600%. we had an increase from one homicide to seven. supervisor chiu:." is there a reason why we have had such a big jump? let's of all seven of the homicides -- >> of all seven of the homicides, none of them are actually related. obviously they are open investigations. however, i can assure you that these homicides are isolated incidents and we have a handle

on them. >> thank you. >> robberies are up 5%. aggravated assaults are down a 11%. supervisor chiu: again, i saw thatrape numbers have had significant increase. any trends? >> i can tell you that earlier today i spoke to our sex crimes lt.. he indicated to me depth of the nine, they have made four breasts. many of them have had some sort of relationship with the victim. ex-boyfriend, spells, or an acquaintance. they are actively investigating all of those. i can assure you that we do not have a serial rapist. >> thank you. >> as i went on aggravated

assaults by 11%, moving on to property crimes by and burglary and we were down 18%. on the right-hand side if you look year to date, burglaries are down 8%. even though there has been no change year to date, we are down 25% by an auto theft. burglary, same thing, downtown 18 -- down 18% in although burglary. part to crime, -- part two crimes, assaults are down 50%. here we have weapons and firearms violations with no change. vice crimes are down 25%. sex crimes are 21% down. including rape and prosecution. missing and found runaways have

no change. drug law enforcement is down 26%. we have graffiti and vandalism with tools down 15%. also, mental health detention is down 14%. i would like to make note that the last time i was here i promised to look into how out we categorize our parks two crimes in the quality of life infractions. i know the two months ago i was asked by yourself and also support -- supervisor mirkarimi to go beyond part to end the other categories that they fall under. so called miscellaneous crimes. i researched that in was able to contact our homeless lt., who

also takes care of the housing liaison stuff. he explained to me what happens. an officer with an infraction violation, a copy of that violation is sent to our lieutenant. he compiles that information and passes along to john mariposa, from department of human services. he compiles that information into a report every six months. he sent me a copy of all of the violations that he has tracked. -everything from aggression to urinating in public. with me today i have a copy of his last report dated from august and he wanted me to make note to you, however, that on this report from the year 2006,

that informational included all of the information from october through december 2006. also, the information for the year to date 2010 included citations to august of this year. a complete report would be 2007, 2008, 2009. this report is broken down into various categories that fall under alcohol-related, animal related, camping, panhandling, public health, and trespassing. i can go over these numbers with you. in the sub-category of alcohol included drinking and public consumption of alcohol and being drunk in public. year to date of 2007 there are

1812 violations four citations issued. for 2008, 2009, and in 2010 up through august 368 violations. in the analyst subcategory, these are the pooper-scooper laws, dogs not unleash. -- not on their leash. we noticed we had one violation in 2007. in 2009 we had 27. as of august of this year we have 22. moving on to camping in public, which is camping or sleeping in vehicles or the park. we have 1210 in 2007, 1885 but in 2008.

under the next group of violations, the panhandling group, there we have basically peddling without a permit. aggressive solicitation. panhandling by a freeway. if you look at 2007 there were 744 sites. 883 in 2004. -- 2009. supervisor chiu: this is exactly the information we have been looking for for many months. it is interesting how while the the numbers seem to jump from year to year. -- while thildly they seem to jm

year to year. 100 offenses in the past year. looking at the business and professional, possession of open container goes from 300 to 530500, then 5000, down to 2300. can you explain those an enormous fluctuations? >> i do not know how they were doing the counting on in 2006 when they started. understand, these numbers are not reflective of every single citation. some of these sites go directly to the hall of justice. i do not believe that we are extracting those numbers. these are the ones that the officers are turning in and are going through lieutenants, being passed on through the

department. why they fluctuate so much, i couldn't tell you. supervisor chiu: ok. the one thing i would appreciate it is -- could you send me these statistics so that we can take a deeper look at this along with contact information for your analysts? >> i will. also, i wanted to point out to you on this sheet of paper, an e-mail sent to me by john murray, on the back page i have for you the park to crimes as they were compiled. i highlighted for you where it says primary offenses only. i wanted you to understand why some of these numbers were down. the way that the hierarchy works, we only capture the

highest offense. if someone is arrested or cited for prostitution or loitering as a secondary offense, loitering charges not captured. this sheik right here. i know that there were some questions about this last time and why these numbers are low in some categories. it has been explained to me that we are not able to capture all of these citations, only the highest charge or a fence according to the categories. that is why they come out this way. supervisor chiu: think you. any further questions? thank you, captain. any members of the public that wish to comment? two minutes for speaker during

public comment. >> ladies and gentlemen, my name is christine harrison. thank you. there are additional crimes happening in our city. state of missouri rights posted a letter to us for help for constituents in these -- in this country that are being harassed by covert stalking groups. serious violations have occurred from non-legal weapons. they are also asking for us to play a role in stopping the massive movement of tracking humans. i know that people who have been forced to have tracking in plans by dentists and surgeons. i wanted to let you in the public know that you can go to kpfa to talk about -- to listen to a lecture magnetic frequency research. think you.

supervisor chiu: are there any other members of the public that wish to comment? seeing no one, public comment is closed. could we continue this item to the call of the chair? without objection. madam clerk, please call item no. 2. >> item #2, ordinance adding article 15.7 to the san francisco police code, requiring event promoters to register with the entertainment commission; prohibiting holders of certain entertainment-related permits, and registered promoters, from retaining an unregistered promoter to hold an event; and authorizing under certain circumstances for certain promoters reporting requirements, increased security plan requirements for events they promote, general liability insurance requirements, a criminal background check requirement, and other requirements. supervisor chiu: thank you. this item has already come through this public safety committee and passed with recommendation for the board. a couple of weeks ago a number

of other ideas surfaced from the various parties that work done this legislation. i wanted to thank the entertainment commission, san francisco police department, the representatives for the entertainment industry, and my aid for all of the work that was done on this. at the full board be amended the legislation to include a number of ideas that had been requested by several of the parties. those amendments are what is in front of us today. specifically amendments that would exclude from being applied to this ordinance events sponsored by the city. secondly, it adds additional language to explain that if there are fundraising events with additional commercial marketing benefits, those events would fall under potential regulation of this promoter legislation. the third would provide to the

director of the entertainment commission the power to remove the promoter from the online registry if the director determines that a promoter intentionally submitted false or incomplete information. the fourth change would be to require the entertainment commission to lift new promoters that wish to register unspeaking agendas to provide the public with that level of notice. my understanding is that these are acceptable to the various stakeholders. i would like to open it up at this time to public comment. and to see if there is anyone that wishes to speak on this. let me ask, are there any members of the public that wish to speak? ok, i see some folks in the audience. i am glad that there is unanimity on this. at this time if there are no members of the public that wish to speak, public comment

disclosed. colleagues, let me ask you, can remove this item with amendments to the full award? without objection, that is the case. item number three? >> item number three, i believe that this has to go to the board as a committee report. let me -- supervisor chiu: of the mistake that, without objection, that is the case. -- item #3. >> item #3. ordinance implementing the california "sexual assault victims' bill of rights" by amending the san francisco administrative code to: (1) add section 2a.89 to require the police department to develop and implement procedures to collect and test dna samples in sexual assault cases and provide information and notices to victims, require the mayor to report on dna collection and testing performance as part of the budget submission, and make it the policy of the city and county of san francisco to appropriate sufficient funds each fiscal year to ensure timely testing of dna evidence in sexual assault cases; and (2) add section 10.100-172 to establish the police dna testing in sexual assault cases

account. supervisor chiu: thank you. this item was brought to us by our colleague. i understand that she is on her way. we have a representative from the san francisco police department with us. while you starred in we expect her any moment. let's thank you. i will defer to the supervisor who brought this forward.

supervisor alioto-pier: thank you. thank you, colleagues. members of the committee, thank you. this item today, we will push standards in the administrative code to have the city test evidence in sexual assault cases with dna. the collection of a rape kit within 42 hours, testing within 14 days. much focus has been on the crime lab. during these discussions it is my priority to make sure that the crimes disproportionately affecting women are treated with the respect they deserve. in sexual assault cases officers must not only collect evidence of the crime scene, but also from health-care providers.

usually a hospital emergency room. when the rape kit is picked up and how quickly it is tested makes all of this -- all of the difference. one of the issues i wanted to quickly address is the cost. i believe that this legislation can be implemented at no cost. we have a minimum staffing for police officers that can retrieve the samples. more was at of four additional dna testing with the goal of testing every sample. offering new dna testing accounts similar to the budget measuring process, the use of funds, and whether or not they are combining with projected. one more cleanup amendment on page 3, 15. rather than having the male role of court, it would be changed to

the police department so that it would have the information on the first step of the process. i want to say that it was a mistake to think that because the budget analysts -- sorry, because the mayor's budget office would be submitting his budget, we thought it was inappropriate place to have the mayor's office report. looking into it further, it probably is not. we are joined by the assistant chief. we can discuss the operational impact to the department and the appointee to the police commissioner. jim hammer is also here. he brought this issue to our attention. one more fact that i would like to bring up is that in new york city, where they started processing these kits quickly in alignment with what we are suggesting, they sought an increase in convictions. something that has been proven to work and something that is in

my opinion important to the city and county of san francisco and as elected officials is our responsibility to ensure the safety and health of the people that live in the city and county. with that, if i could do that, having the chief take the podium once more. >> thank you, i appreciate that. i wanted to say that to start this is a great undertaking. law enforcement, dna analysis is a vital tool and as a city we need to find a way to support the up loading. with respect to these crimes we have to find ways to streamline the procedures up loaded into the statewide data base, identifying suspects as quickly as possible. we are using dna collection as evidence with wall enforcement

in general, collecting far more samples than we ever have. we are training more of the line officers to collect it. still using experts to collect it. in our department we are about to launch a civilian first responder crime scene tech physician who will have as a part of their function, collecting this evidence. not in briefcases, but in others. coming the issue of case management, so essential to make sure that you are getting the best use of your crime laboratory to efficiently move evidence forward. something that we have worked very hard on. especially with the commander. it is a partnership between investigations and the crime lab. so that we are looking at each case individually and making sure the most probative

evidence and the most probable evidence for giving us a good sample is being looked at as quickly as possible. rate kits are the most valuable piece of evidence often in these cases. with respect to the ordinance itself and of the first portion, the rape kit collection, you should know that we support this 70 to our collection process and have instituted a program some time ago to make sure that we were collecting these kits from the provider within 72 hours. since the institution we have been able to meet that target in get these symbols with other evidence. they can be limited to the exam, or limited to other evidence as well. we are meeting the first portion of the ordinance before we start. with respect to the up loading within four -- 14 days, we are

in the initial stages and had been able to analyze and identify profiles in several of these. the steps that will have to be looked at is the technical review and of loading it to make sure that we can hit the 14 denmark so that we are meeting goals on the ordinance where we have to concentrate our focus and energy. with respect to the ordinance going on, it begins to discuss setting time goals for other evidence and other dna evidence in rape cases. i know that will take a lot of effort and energy on the part of the department. look at balancing the cases and priorities that we have. including burglary cases, from which we can also get good dna with samples of loaded quickly, giving us a way to close down. most criminals are not focusing on one crime only what are doing

multiple crimes across the spectrum. we are trying to move the best evidence for were across the most cases at any given time. the only point that i see on this that i want to make clear that the department does not want to see happen, this is a very forward-looking way to make sure that funding continues without looking at funding for a laboratory and criminals, that we are not already taking existing funds from the existing budgets this was they department priority, obligations as well as

other victims. we need to not directed all towards one type of crime at the laboratory. supervisor chiu: supervisor? supervisor alioto-pier: i was calling to thank the chief and ask if there were any questions. >> thank you. supervisor alioto-pier: commissioner hammer? >> thank you, supervisors. good morning. if i could just briefly put this in context, one of the issues that came to my attention was the problem of dna backlog. spending most of my career as a prosecutor, i know that speed the testing of dna and telling victims that speedy results can help the victim to come forward with conviction, in my meetings with community members six months ago the people that work in the field told me that they would tell rape victims, but it

would ask when it would get the test back, to not expect speedy results. i almost fell off my chair. they said the practice of the department -- not well, but until some time ago, was to get those samples once every week. and because the backlog had been so bad they had to tell victims not to expect speedy results. you can imagine the response of victims. they do not want to cooperate in a prosecution. the facts on the ground until recently were those. i have worked with steve schmidt and tremendous progress has been made by the apartment in the dna laboratory. these problems are real and they cost lives. one example that was well reported, march of 2007, just a couple of years ago, rudi [unintelligible] was raped and murdered in san