also been doing media outreach. the public defender, jeff adachi, has spoken to the media and there have been numerous articles written in local newspapers regarding how people can seek relief through our office. we are also going to be attending a community forum on sunday at golden gate law school where numerous groups will be there to get information they can disseminate through the san francisco community. we also have our own public defender web site with a link to information regarding prop 47 and to the application form. we have been receiving innumerable number of calls. we have two phone lines specifically that people can call us to see if they are eligible. we have been receiving many calls from lawyers from other jurisdictions who have former san francisco defendants in custody there whose sentences may be very well enhanced because of a prior possession conviction here, a prior

receiving stolen property conviction from san francisco that's a felony and we've worked very closely with the district attorney's office to see if we can expedite relief for those people if they are in fact eligible. on the other hand we are also receiving many phone calls from individuals who are not eligible and we have to review, we have to take those requests and make sure that we review them to see if -- many defendants don't even remember what they were convicted of. they just say, i had a drug offense. then we review it, we have to pull old files, we find it was with intent to sell and that's not eligible. they have a secondary burglary but it's not a commercial burglary, it's an auto burglary and that's not eligible. and that's taken a great deal of time for us to review. as you have been informed our priorities to get the people out of prison, that's been done, people out of county jail, that's been done. right now we're currently working on

people on felony probation and as the adult probation department indicated, they provided an extensive list. we have already filed numerous petitions on behalf of numerous probationers but there is a large number of files that we're still determining the eligibility. some appear ineligible upon a quick rehave you but actually when you pull the file and you read the police report, they actually are eligible and they pled out to something that makes them ineligible so this is a work in progress. the biggest portion of the iceberg are the people who have already completed the sentence, convictions that are much older. >> do you have a timeline you are working with in trying to sort through these cases and get the answers? >> i believe we have 3 years to make sure we file all the petitions for these older cases. >> was that stipulated in the legislation? >> i believe -- miss deberry,

the 3 year time frame? >> (inaudible) trying to contact the woman that's been doing the reviews. i think we've done approximately 300. the drug cases were obvious because based on the charge we can tell they are eligible, it's the theft cases we need to go through. >> the question i was trying to get to is what's the timeline and how long will it take. >> i was trying to get to that. i anticipate we would finish by the summer, we've done about 300, there's another 300 or so left where we're going through the review. there may be somewhere our office and the public defender will have a different idea and will require a hearing in a court room. >> when you guys are in disagreement you go before the court, you said? >> yes. >> can you briefly explain

that process? that's unclear. >> if we felt somebody was ineligible to be resentenced on a misdemeanor and the public defender's office felt they were eligible, we could have a hearing in the court where they could argue why they felt the conduct or the charge qualified them and we could explain why --. >> which court would this happen? >> the superior court, the hall of justice. >> you can continue. >> the file review process is what's difficult here because we have to pull, especially if we're getting many requests from individuals who have older convictions. we need to review as many cases as possible to see if people qualify for relief. there are many defendants, former defendants who are not even aware they may qualify for relief. we also want to reach out to them through our own file review to let them know we are here to assist them with that endeavor.

we don't want to file blind petitions. we may see a charge that is eligible but we don't have a rap sheet so we need to pull a file to see if there is a previous conviction that makes them ineligible was because i do not want to burden the district attorney's office when we can get a rap sheet and determine if they are ineligible. at this time we have two lawyers in the office, miss shamji and myself, who are reviewing cases. we already have our full case load at the office so we're just putting in extra hours to meet the need right now but i do envision as more calls are made as we get more data and we have to review more files, that need will increase. our clerical staff is tasked with pulling files

and bringing them to us for review. i do want to briefly touch upon what i think we can do with the savings from proposition 47. i completely agree with miss deberry, if money money could be funded to substantial abuse issues to help people with their relocative issues and mental health issues, what happens to these people when they are opposite probation when they are off parole, for example? we need to have services available to them. i know we have this city-wide case management program in san francisco with a forensics unit that provides significant mental health structured assistance and we have many people that need that assistance upon finishing probation or adult parole. and i can tell you, i work specifically in the parole court department and i can tell you right now one of the biggest problems we are facing in san francisco and the adult parole department is facing and they are trying their very best

to address is what to do with registered section offenders who are on their case load and many of them are sex offenders because of misdemeanor exposure cases, not necessarily rape or battery. many of these are old sex offender convictions. we can't place them in programs because programs in san francisco will not take a registered sex offender and these are offenders who are injecting methamphetamine on a regular basis. they need structured treatment and many of them also have a mental health disorder. putting them in treatment or finding programs or finding programs to provide this structure, i think we should consider this is

where it should be funneled. >> court appointed attorneys, i know there are instances where the public offender is not available to represent a case. there might be a conflict. and i notice, for example, that case load of 148,000 felonies, i was wondering what was the number of those particular cases do you think are handled by court-appointed attorneys or do you not have that number calculated into that larger number? >> that figure of 120,000 is cases our office handled. it wasn't 120,000 cases filed in san francisco, it was 120,000 felonies that our office haplgdsd.

>> what is the percentage of cases handled by the public defender's office and how many handled by out side attorneys. >> i'm sorry, i don't have that figure and i don't want to speculate. >> not only is the public defender handles cases of this nature, there are possibly outside attorneys that are maybe getting requests to handle these cases as well. so it's not just the public defender's office there's a broader picture and i think we're missing the piece of that particular puzzle. >> i do wish to inform you that we are getting calls from these conflict former cases and we have included them in some of our stipulations with the district attorney's office. so if it's an old conflict we just file the petition on behalf of the client. they are no longer on probation they are no longer -- the conflict doesn't currently exist. but if the

conflict currently exists, absolutely we have been in touch with the bar association, we have been working very closely with betsy wilkin, an attorney here in san francisco, and she will handle prop 47 relief. some of the judges on the bench used to be defense lawyers and obviously a judge cannot file a petition on behalf of someone who is eligible so they have asked someone from the private bar to step in. on the other hand we have people who are very savvy who are filing their own petitions in the court. we get a call from the court saying we don't have an order. the person is eligible and we have agreed but we don't have an order. so there's a lot of tasks that have to be performed to get these cases handled. >> people who are in custody,

same scenario? >> yes, absolutely. >> thank you. >> thank you so much. >> thank you everyone who has participated in this hearing. there are just a couple initial thoughts that i want to leave with you. first, this measure was and i anticipated to save hundreds of millions of dollars which will be channeled into neighborhoods and school funds for such items as anti-crime programs as well as truancy and prevention programs. one of the things that i heard that many of the presentations lacked was a strategy or even conversation around where and how those moneys are going to be spent. i appreciate the public defender's office because they at least gave some suggestions on how to begin to spend money. i think adult probation also will recognize the gap that exists between once folks are released and their re-entering the community, finding housing in particular is still a persistent gap that exists.

i also requested this hearing so we can begin to better understand how prop 47 will begin to affect san francisco, obviously, but also how we can begin to generate a greater benefit on the investment in public safety. i think the presentations somewhat lacked in this area. i was interested to hear where the budget impacts would be and very few people had budgetary numbers, so we acknowledge that there's a cost saving factor but none of us shared or was in a position to share what exactly is a cost-saving factor. there's multiple ways i can go about getting this information, my first attempt was to ask and i didn't get it so we will have to go through a more painful process. that was a joke, people. but i also want to really understand how departments are planning to implement and coordinate with

each other so from what i was able to gather it sounds like there's an informal structure that currently exists particularly between the public defender's office and the district attorney's office and in some ways there's i guess somewhat of a relationship with adult probation. so i would be interested in seeing a little bit more structured environment so that we are able to expedite these petitions and move a little bit more quickly through. i think at this time we're going to take public comment. we're going to take public comment on this issue. i'm sorry, the mayor's office, are you coming to --. >> i was just going to speak to what you just mentioned. i've been working with the budget office, which has already started crafting that direct inquiry as to what the cost implications will be, specifically on the departments that you heard from today.

obviously there's not a presentation on that for right now but we've already started crafting an inquiry to directly answer that question, what the impact will be both on savings and/or costs to those departments. >> great, thank you. sounds like another hearing. >> yeah. >> okay, at this time we will open this hearing up to public comment. if there are any member s of the public who would like to provide public comment, please come forward. >> good afternoon. congratulations on your presidential --. >> election. >> assignment. my name is felicia jones and i represent 1021 siu in

working with this proposition for a number of years who it's going to effect, i believe it's a good thing. but at the same time what happens is, and i know supervisor cohen has asked the question strategickally, how are the funds going to be spent. and one of the things that often happens when we come into these large types of propositions and the public passes these large propositions is that the moneys never get to the communities in which it's needed. so i am hoping the board of supervisors will begin to look at the moneys going into the communities especially district 10, because district 10 is the largest district that the parolees and probationers are, when they are released that's where they go back, the largest arrests come from district 10 not only for adults but also juveniles. so right now you don't have a lot of reentry services in communities. there is the adult probation department p is doing a good

job with their (inaudible) center but with this particular population they need resources in the community so i'm hoping that we will be able to funnel resources back into the community, especially in district 10 where they are needed the most. thank you. >> thank you. next speaker, please. and if there are any other member s of the public who would like to provide public comment, please line up to my left. >> how you guys doing today? it's almost over, right? i just wanted to really speak about two things, community development, i really think and hope, like supervisor cohen was saying that we'll actually have a plan that we can see and follow that will put the money back in those communities that will work not only toward reentry but prevention and intervention. i have worked with both the da's office and the public defender's office different times, either through

magic or a great reentry program last year what society calls at risk but i call inner city youth. i don't like those names because then our youth can start claiming those names and being what we're saying. i would really like forward to and i'm kind of excited by the plan the probation department did speak, what should follow-up look like for reentry? should it be only food and housing and i would say if it is food and housing or we come up with funding that can support those things then it should be tieed to rehabilitation. for us to get safer communities we have to have change of mind so we have to look for programs that either are doing that and have the numbers to show it and support themselves financially as well as if necessary develop programs that will support programs change of mind. how people define themselves and how our neighborhoods define

themselves. thank you guys and i look forward to whatever is next. >> thank you, next speaker, please. >> hi, my name is robert cohen representing community youth. i don't pretend to be an expert on the whole budgeting process so i'm not sure how it works, but i think a danger exists that the funds represent a savings in the budget and it's going to be easy to miss the fact that a budget has been diminished by prop 47 and by accounting and book keeping maybe shifting it around so a true reduction is not evident which will mean that if a pool of money exists because of the cost savings it won't be as large as it could be or as it should be so that those funds

that should be, i believe redirected into rehab and into anti-truancy measures will never reach there. personally, without more evidence i find it difficult to believe that the police department investigation for a misdemeanor costs the same as an investigation for a felony. it seems that that would be inappropriate distribution of funds to put the same amount of investigation effort into those crimes. but, you know, that's just my perspective. at any rate i think when it comes to accounting, particular care should be taken to make sure that reductions because of prop 47 are actually reported. thank you very much. >> thank you, are there any other members of the public who would like to provide public comment at this time? seeing none, public comment is closed. colleagues, are there any

additional comments? >> no other comments. i just want to thank pastor cohen for coming and giving some public testimony, also acknowledge his leadership within the community. this hearing request -- i see rex devora up there too -- comes from a concerned group of community partners that made that request. it's been good to deliver to the neighborhood on that. with that, madam clerk, this was just a hearing so i would like to file to the call of the chair. >> excuse me, continue to the call of the chair. thank you. >> before we move forward with that motion i just wanted to make a few comments. i am excited about the opportunity that exists as a result of the passage of proposition 47. i am concerned, definitely, about just the lack of what i see, the lack of structure within the department and how these things are being handled. i do

understand that it will take time to develop the right system in order to deal with these issues, especially because they are retroactive and because i know that there are so many people who are interested in looking to determine whether or not they qualify for reduced sentences. i don't think i could tell whether or not priority went to those who are actually incarcerated versus those who aren't incarcerated or what's definitely the priorities here, but i do think it is important to consider developing a working group, hopefully the mayor's office would consider facilitating a working group with the various departments in order to talk about a more structured system that makes sense that would allow for clear understanding to those inmates or those who are looking to have their sentences reduced to know exactly the timeline of when they can expect a response. i'd just like to see a little bit more

structure and also understand the shift of how the budget works and what needs to be redirected. because i definitely heard a request for additional resources but at the same time it looks like, you know, our jail population is being reduced, how is that impacting adult probase, how is that impacting cases, understanding exactly why the cases for both felony charges and misdemeanor charges are pretty of the same in terms of cost. those are the kinds of things i want to understand before i get a request for any budget increases. so i'm asking that you pull it together so that if there are going to be requests coming to us, especially with the upcoming budget season we need to understand, you know, what you are actually doing and how it makes sense and how you all are working together cooperatively to develop an efficient system. so those are my comments and

supervisor cohen has made a motion to continue this item to the call of the chair. without objection. you didn't hear that? >> i'm sorry, what -- was it filed? oh, okay. >> okay, so she has made a motion to continue this item to the call of the chair and without objection this item is continued to the call of the chair. thank you all so much for coming. madam clerk, can you please call the next item? >> item 3 is a resolution --. >> excuse me, can you exit quietly? we do have other business to deal with. excuse me. thank you. >> item no. 3 is a resolution receiving and approving annual reports for the yerba buena community benefit district for fiscal years 2010-2014. >> okay. >> afternoon, president breed, supervisor tang, we will try to keep this brief. and we're going to load an

updated powerpoint. we had to make a few adjustments afternoon again, christine tano, i oversee the community benefit district program for the city. just very briefly, there are two pieces of legislation that govern the cbd program, that's the state law which is the 1994 act, and our local law, article 15, which is a part of the business and tax regulations code.

during this review process for yerba buena community benefit district program we are going to be reviewing four fiscal years from july 2010 to 2014. we sure all s are meeting their management plans, reviewing their financial reports and there is a memo that you all received as part of your packet. yerba buena cbd has close to 2,000 parcels throughout their district. it is a property-based district. currently the cbd has over 2.5 million dollars in assessments that were collected. it was established in 200ate. it will be expired on june 30, 2015. they are currently undergoing a renewal campaign at this moment. in terms of operations, the

executive director is kathy moppen and the director of neighborhood partnerships is andrew robinson. they are both here and will be presenting later. they have additional staff that support the cbd operations. there are 3 areas of general service which include tree beautification, street improvements and administration and corporate operations. in terms of benchmarks we oversee 4 critical pieces in terms of their financials: the first benchmark is whether they are within 10 percentage points of their management points to the budget they set for each year. the second is whether or not they have collected at least 5 percent of their revenue from non-assessment sources. the third is whether or not their budget to actuals are within 10 percentage points and the fourth is whether they have indicated their carry forward amounts for the fiscal year into the next and identifying those projects for

the following year. so with respect to benchmark 1, their management plan versus annual budged, ybcbd has met this requirement for each of the four fiscal years. in terms of collections for non-assessment revenue, the yerba buena cbn in 10-11 and 13-14 were unable to collect that. i will say that 5 percent is fairly high for cbd's, especially with respect to the amount that yerba buena collects, so this is a fairly high bar for any cbd to meet. and in fiscal year 13-14 they were just shy point 1 percent of achieving that. in terms of budget tax rules they have met this requirement from all 4 fiscal years and

have been no foreseable issues in the future for this particular benchmark. and in terms of their carry over amount, the yerba buena cbd structures a carry over and typically has had $2 million annually that they take into the next fiscal year. because of how our collections work we build for a fiscal year july 1 to june 30, but the assessment funds don't get klifred to cbd's until january of the following calendar year and in addition to this, the carry over funds include non-assessment dollars which may be grants from the city, private donations that are tied to specific capital projects, physical assessments, et cetera, and that's why it's higher than what we've seen in the past. in terms of recommendations for the community benefit district, we encourage the organization to work diligently to ensure that 5 percent general benefit requirement is

met and with respect to the carry over moneys, because the cbd will be expiring this year on june 30th we will work closely with the staff to ensure that all assessment funds are spent by december 31st, 2015. i'd like to bring up executive director kathy moppen -- i'm sorry? one other thing, in terms of their performance in their programmatic respects the yerba buena cbd continues to perform at a high function. they provide several community neighborhood events to attract both local residents and visitors to the neighborhood. they have really increased their partnerships on the ground, especially with municipal agencies to introduce their street life plan and their community benefit fund and they continue to maintain an active board of directors and several sub-committees that lead their charge. i'd like to bring up kathy

moppen from the cbd to present. >> good afternoon, thank you for the opportunity to come and talk to you about the yerba buena cbd i know you've had a long meeting already so we'll try to whip through this as much as possible but i'm happy to answer any questions you might have. through the presentation that you should have i think in front of you, the first slide is image of our neighborhood, which i know you just saw. the mission of the yerba buena cbd is to improve the quality of life of everyone who lives, works, studies and visits there. we have a lot of vezation because of the convention center, there's a lot of activity going on. what you see is our current map. we are the largest geographic cbd in san francisco. we have 172 acres to cover and basically the boundaries are second to 5th, market to harrison,