community assess and resource center. an organization the partners with organizations in the mission. and the bayview throughout san francisco to provide support on young people that had contact with the system. we are looking at what do we do to completely deviate and not have young people go to the ajudecasion process? when we are looking at a prebook alternative to detention. which is why we wanted bring the presentations to the commission so the public can have an opportunity to ask question and so that the city can begin to look at what fit and when can we put together. how can we enhance when we are in accomplice to provide young people with more opportunities. to be successful and not to be involved with the probation simples so. i want to president margaret to introduce herself and some of

the folks she will be. >> our entire commission is here we're all excited about the potential of a more formalized police diversion program we have the element in place. meetings under way now what we need is to formal types and do something our version what might likelook like oak lands and l.a. we are thrilled to be here and our commission is here and we'll go become to our commission and talk about this further. and we look forward to further discussions and formalizing we hope you are as excited imsa we are formalizing a program similar to the ones you are about to hear b. i know you don't want to meet late i will not. welcome, fellow commissioners. we are happy to have you here and share our jowlous wednesday. you meet once a month we are here every wednesday for the

first 3 months. we are glad to have you i'm excited hear about this when i was approached i thought it was an personal topic the chief has worked with juveniles and especially young adult and how the brain works. had the conversations for years. great we are having the conversations and hope we don and we can develop things because it is from my understanding this model or the models can be applied juveniles but other programs the department is facing. so. without furthers adue and we ask a lot of questions so, let's get on with it so we can go to the q & aportion. >> i think next on our agenda we have jessica elis the executive director of the youth service. she is on the screen at some point soon and here we are.

so i will turn mic over to angels camp can you hear us. >> jessica, you are muted. i really do want to -- thank the chief on his leader help in this area. manage he exit talked about when i first started on the commission last year. we thought it would be manage this we could launch in the few months but covid made things challenging then and there they used to be. and we are working hard to make sure that we put something together that will be you know systematized and that can really, really produce the results we want.

i know that youth violence gotten a lot of attention lately and i don't want that to be the driving narrative am i think that we have confidence our young people can be success when provided with the right supports. >> can you hear me? yes. >> thank you. hello, commissioners and audience i'm jessica elis executive director of youth services and the every child restorative justice center. youth services found in the 1975. and we have been doing this since. long track record of experience. of community lead diversion in los angeles county. our work is evidence based and always evolving a lead in restorative yesterday for over

30 years. a process where youth make things right with the crime victim or those impacted in the communities. we defined the version interrupting the next legal steps that a case otherwise valid taken. we are interrupting the ajudecasion process. and success envelope will data is strong that in 20 lefrn we partnered with the los angeles police department to prebook diversion for the first time in the state of california. and that interrupts the results and that. lead to more dramatic result in lowering it. now the primary point at which we focused our diversion work. we divert young people from the courts the vast majority serving sick00 kids a year diverting a

point of arrest n. partnership with the los angeles police department the los angeles sheriff's department and several other local police departments. >> so, the reason we wanted divert at the points of arrest early as possible is research has shown that a single arrest even if a case mercease the inside of a courtroom, just having an arrest without conviction leaves young people to be likely to drop out of school. sometimes like low to experience adult unemployment and welfare. there is something about the system contact itself even without a conviction that sets the path way of harm. so, we want to look at that. 1 thing we found when we forced started pream booking diversion with lapd in a pilot.

a company their south l.a. stations. all of the other case were post booking. later for probation. in lieu of ajudecasion. we had a period we did a direct comparison of young people with the same crime and same demographics. some coming to prebook and in later after booking. with the same is shes we got a longer recidivism rate on the young people diverted earlier >> sooner we get that contact there is a benefit both for the young person and public safety. so, our prerest diversion is our priority. we find that this is also our data consistent with the broader research. so. looking at trends from a system

involvement how the recidivism rate in 20-30%, los angeles counts sehigher. young people diverted after the point arrest nationally seeing 11 to 15% recidivism rate that is cut in half and further when rearrest diversion. i will cover out come in l.a. our referral is a young person 18 at time offense. it is just we are operating within the juvenile court jurisdiction. the crime take all [inaudible] and a range of felonies. which i will cover. but all accepts i have 11 fell niece. program completion or enrollment is voluntary we ask it not be

court ordered. society families maintain choice in entering in the program. and extra protection for foster youth and foster care to ensure that there is supported to diversion if they are group home, does not want to be bothered with it. we have agreement in place with our county department of children, family services that ensure no foster can be denied for opportunity for diversion there is no formal admission on record of the crime they are not making an admission in the restorative justice process and confidence rowel in accomplice they can admit to the person they harmed what they have done in that part of the accountability process. that's an important voluntary part of the process.

>> there is no booking number. child is in the log in the the data base of arrests and when they complete the diversion there is no record of an arrest. legally they were not arrested they can say i was not arrested. this is important because ceiling juvenile record system not as smooth or comprehensive a process as most assume there are many, many pulls in the process and many ways which that an arrest contact can put young people back later in life. once they come to us, our structure is -- the partners are make the determination about diversion simple low based on age, no serious violent priors. and the current eligible.

no other factors. that's important to put in accomplice for equity protection. to keep it to those fact ands no other subjective information as much as possible when they come to us. our agency does a needs and risk assessment to determine the service most appropriate and all of our services are individualizeed the young person's needs. we have no formulas. oh , you did a pet theft you will do 20 hours of commune service. a young person may have come to the attention of law enforcement for a minor offense and then they find there is much deeper needs within the family that need more services and sometimes a young person is carried with peers to manage on the surface of the charge appears serious

and there are supports in place that one time make and may be a lighter implementation is needed. include anything from education am support services to parenting or mental health service. substance abuse treatment. a range behalf we can do. of includes restorative justice session. meeting with the person harmed make things right. out come young people meet with the person or harms. 99 pvrts meetings result in an agreement and 86% are completed in if you mean which is dramatically different than the outcome for court order restitution. and even at that 86% well is

another upon 9% that partially complete their agreement and the reason they could not complete after the young person's control. series mental health. homelessness, et cetera . very few young people don't complete the agreement. upon satisfaction is 98% and the youth report process is fair and satisfied with 96%. and more cost effective. the numbers are out dated costs average 2400 or 4600 a person served 6 months of service the justice system spendses over thousands on a young person on informal probation and up wards of 2-400,000 for a young person incarcerate employs them is los

angeles. county data. adjudicated in the system those informal probation. sthirt % recidivism sxraet adjudicated is 60%. our young people serve higher risk when they come to us. for those who are more typically registering is low are risk when than i come making otherwise on informal probation are at 8% recidivism. >> dramatic reduction.

eligible for diversion. ray direct comparison through the program the court system ordered do restitution found l.a. county our order of restitution the completion rates are diz medical. payingly 1.96 on average and most low not being collected.

they were issued the fees on top of that. unable to get out of the fines and fees can the victim was getting nothing. it was really a problem. versus in our profit we first have an emathel building conversation with both parties the young person talks about had they did and admit and apologize. and if you hear the impactings of a harmed party who get to share how it impacted them and reflection to understands each other. they will talk about what the solution will be and the young person come up with ideas how they like to make things right and the harmed party aggress or not and negotiate. that is helped us restitution agreements be realistic.

so take into account is what is possible within the family can doable. so -- the agreements are much less burden on families and both parties are more satisfied. also the commune service our kid complete community service 6 times the rate than probation ordered. that is because huwe got there we are working within processes and more alignment with the teen bravenl rather an authority figure order community service numbers. the young person is part of the process learning the impact of action and offering up a way to make it right. the end they understands and buy in why they are doing this and see it part of versus manage they were forced do by the authority figure.

do a sufficiency consensus building and entailed. diverts so many offenses early on or all lead through healthy debate or rerue of dataasm the data guide us and kept showing the further we push the interventions the better out come for kid and crime victims over all. and we have an order if our judge in juvenile court the kid was crime reports so law

enforcement puts the booking on hold. they don't do a booking number they release the young person to a family member and they are not transporting them anywhere to minimize that contact they look at the crime report to the family. and we get them to do an assessment and work toward plaining the program. if a young person fails the program out right, we can be further justice system processing at that point. and but we make sure that there is no failures due to lack of transportation or other resource. we make surety program is access annual with equity protections. >> equity was a big part whf we have to focus on to wrap this

up. we have many partners that upon support that. we have to review referrals for equity things like an investigate bullying. the school never took action on and the young person is responds nothing self defense and now elected. or arrestable behavior instigated by an adult. or over policing of black and brown youth. leaks and foster youth. escalated responses to minor ins debts that would have not elevated in another neighborhood or with another demographic. we do forged partnerships with patrol and build trust and able to get charges dropped. where diversion appropriate. the situation is may be unfair.

um -- so, that issil leave it there for a time. thank you other angels camp in order to move this item i do we have some time for chief scott and for gabe who is representing the probation department. i worked with both presenters on project and worked with ms. elis in youth service when the program was getting started i was a part of that member the pilot to play. i do believe in just diversion

not to say we do it like either oak land or san francisco i think they are there that work for us. to make it happen. we are not starting from scratch they are things to learn from. this commission talks about the equity issues in policing and some of the pipeline for youth. that go -- into -- criminal justice system. i think that this is an opportunity if done correct low to disrupt this one thing about the program xis believe both of them but i know sin nel imsa they come with evidence based resxaefrp what was quote in the terms of the recidivism rates or lack thereof is based on the sxefdz what actually happened in the programs. there was a lot of work that

went in and mr. xhumd mrs. elis it took years to get it off the ground we have taken years, hopefully we can to this quickly. the partner with youthful probation and public defender and core systems and community based organizations and tell take all of us to make and the commission both commissions will take all of you to make this come together and work but i think i'm confidence we can to at this time per is there and will is there. and i think we can do this and make it happen. >> okay thank you, chief scott. >> commissioner young, good to see you. been a long time. thank you for allowing me to address the commission. the juvenile probation department participating in

conversations being available and the process and committed to creating an effective continuum of diversion for san francisco. with that said we know most times00 autobest way to intervain in delinquency is through community programs that you know -- employ social activities. based on evidence based problem bunkham models with restore taoism practice. again we look forward to sfpd of the diversion and thank you for your time. can we ask a few questions. or du want to wait. y continuing is kwshg and a time >> great.

didn't know. no worries. first thank you for being here. i appreciate t. one questions hi is how far along in the process are you in terms of trying to formulate your own program here in san francisco. i know you have the models from oak left-hand side and l.a.. get it going in san francisco. i say chief scott would agree, we are close. in implementing this process. you remember this is a san francisco police process. jpd is outside of that. the light touch as possible for the juvenile probation department of the ultimate low

the san fran police department program. we are just waiting to see what that program will be and support that. how do you reconcile that. i than with juvenile when we do a juveniles we want to stay away from the model, prison and incarceration. how did this work. well, the prearrest model is this. right. it is police departments is going to have to figure out what that locked like. how we have the lightest touch. for all of our departments for the police. i was lynch to the presentser talk about not creating a booking number. we know that ceiling juvenile records can be dicey. so -- you know -- again.

being in the conversations for the past few years. i think the police department is close. it is trying to figure out -- how we are going to or san francisco police will add an accountability measure to that. i'm sure asumg the juvenile probation department data and statos programs you have been successful with. and will you be using that data and the evidence based practices to recommend how the department guess about doing this? again. commissioner i'm not trying to side step the question this is outside of the juvenile probation departmentful witness we get involved this means the young person unsuccessful and we are -- tasked with dealing with that young person >> okay >> we have processes already in

accomplice for that for young people cited or booked. we already have a diversionary program in place this hearing is for the prearrest portion of diversion. i will invite angels karmic all. those other questions we want to raise. those are the unresolved issues at this moment. there are agreement in place with the communities assessment referral center for post contact youth and we are creating. >> chief? one of the vision prearrest diversion entails the youth not actually being booked or cited but president do you meaned. and you know part of this is to then introduce the young person

to supports. that takes cooperation and agreements to happen and -- also -- zee to keep in mind the victim side of the equation and the restitution is important of part of this is the restorative piece and you saw data they are part of this process -- also indicates well is less recidivism when the restitution service works. it works all the way around the consept begins with prearrest. not getting the youth in the criminal justice system.

that will young person in the system take another step that needs to be decided and i think that is where a lot of discussions are now is had that piece looks like. butt vision from the start of this from our perspective was to have a prebooking or prearrest diversion program that citation and book suggest not done. everything is documentd and the out reach to the victim but prearrest >> those charges are held for a number of time. young person and the family given opportunity to participate in programming. they develop a const. kwebs with the family or the harmed person the harmed individual which then

determined what programming they will receive. witness they complete that, that challenger held at bay can be sealed without it every filed in the court system. >> chief >> oak land model seems like it well vetd and there is a blueprint. is that manage that you the department locked at and trying to replicate? >> we have and reached out to miss elis when this conversation started. we have and we with learn from both other thing i will add-on this -- is -- we also have to land on what offensed included and l.a. mrs. emis peeks it e involved over time and offenses

include fell niece. right now we are the misdemeanor offenses that's the discussions centered. los angeles evolved and oakland did, too much not sure but looks like they expanded their list of offense as limp so we know not beyond possibility. >> and the funding is this out of the police budget or a special funds? >> no as far as funding it really is not going to take additional funding for you to get this start. when we have to do is -- concentrate on juvenile specialization we don't have a juvenile unit special ym

victim's unit handles the juvenile case there is more learn and more focus in that area that , is not a funding issue a resource issue. that is funding but it is worth the effort. we have juvenile crime in the city we tonight have a ton but enough this we need to look at the best way to get people on the right track. no place is poiseed do this program this is already funded. dcyf has an ebb 10 million dollars portfolio of programs a matter of ewile lagz, organizing, getting the police on board with a prebooking, prearrest program. and we see it is work nothing

other place. but we all the element and we have a 7 roll assessment place that is run by youth service. so -- that is unlike many other place this is is in the a barrier in san francisco. >> i will add that the make it right program. which has been in san francisco for over 5 years was the california policy lab did an evaluation. and it is an evidence based program. impacted recidivism and the da's office obtained 6 million dollars to expand the restorative justice efforts. i don't know where that spans now and have been doing a bit of ground work to figure out when we will be able to expand that capacity. because if there are 2 million dollars a year to receive more young people we should refer to the programs.

versus the aisle which is ajudecasion. resources are there. i think it is about the relationships and the mem right-handums of understand and who is on board with what. and the stick points now is clark is here at a point there are charges fell niece charged or -- incidents charged as fell niece charged as misdemeaners so young people could participate in the program this is is manage we want to expand on but this is now the challenges. how do gooet everyone on board with this program. >> commissioner walker. i also -- want top mention that

we are work nothing our city at create thanksgiving thing for mental health issues that come through. so when i saw this i'm like, let's do this. because you know the system itself is need for juvenile offenders and a lot of the recommendations. there is a real need for having a coordinated and efficient diversion -- partnership with the police. so this is really great. i do one of the questions. so, does this do we look at this as the -- situation happening within the department? like somebody gets booked but taken to somewhere else? but by the police i'm trying

tong of how it operates. the way it worked oak left-hand side and los angeles referrals. we have -- things we work through our officers can't talk to juveniles in the way. the state law to the conversation. yes. yes. there is >> consent and no transportation by -- police it is over the referral with the crime report and begin out roach to the family to get enrollment

>> does that happen the time of the event that occurs that -- may be a call. i'm trying to -- that decision is usually made and i can speak to the los angeles part of t. that decision is made at the state the commander level an officer youth was eli didn't believe for a diversion. the decision was made and approved by the commander and the referral process starts from there. yet other thing, because this -- preboxing is very somewhere to a program that happens at the d. building inspection where they don't want to issue a violation because it starts a clock ticking and puts people at risk of eviction and what not. so community groups are sent out to resolve the issue between party and do that.

obviously well is more partnerships at the end of this to help provide the services the individual needs. i'm assuming we include the education. per inships with the schools and -- colleges and -- i mean. it is a great concept. come up and make a point itchmented come ump i'm the director. i'm hillary i want to come up to let you know well is a representative to answer more questions. been around for 20 years and san francisco largest juvenile diversion program. it is a post arrest diversion

program. i loved presentations from jessica and david. our staff are similar and have been this way consistent low since the inception of clark. we have inhouse rj programs and partner with make it right with community works west in supporting the case management and agreement machine torand have pilots and restitution program after with the da's office with juvenile probation the public defelony and da office and mayor's office through the financial justice project. and we are currently working with juvenile probation the da's office the public defender's office and sfpd to build out the prearrest model. the big difference is that youth will not responsibles the trauma of handcuffed, detain exclude brought in cuffs and divert thanksgiving trauma and impact is the stats on the screen have

showed. and temperature has been 2 years of meetings we are trying to replicate the l.a. program and we are excite body when that could bring. and community the -- cyc. andmenting more partners. clark would most likely be at the centers of that. that makes sense. clark was an invaluable stake holder in the working groups for department exteriored 7.01 and other members from 7.01 tonight as well. and i guess i will ask this yes

or no low i think it might make sense to go through how it is works. what else. it seems like in this commission and the juvenile commission. there is and the chief appetite to move this forward whom needs to be at the table in what else needs to be done. i know that sounds like there is a presiding judge blanket order in l.a.. i guess thot my next series of questions. anyone from the juvenile probation commission. stake holders to get this from concept to reality. i will say the stake holders that are ins at the table. this decision need to bes made on accountability piece will look like >> not the case require like an

appropriation from the board of supervisor's level? >> that i don't believe so. that consistent with the commission's understanding? it is. we work to break it. part of me say whatting city attorneys all come up with ways to -- [laughter]. i assume -- everybody's at the table. people want to do this. the reluctance not on the part of clark or community agencies it is not on the part of the probation department. so -- we made progress on some of there were fundamental

difference long the way and we made progress on what the difference are. what is accountability? what does this electric like. does not mean at all that it the youth drops out you will go to juvenile hall there are step in between this is one thing that miss elis request speak to that to go from a to 0 had process is designed to support people in a way that will hopefully change things for their lives and not make it worse. there needs to be acounsel act. weep don't need to let people drop off and out of the program because you know we have victims involved. i think we come a long way on those conversations and we near a good place. >> sxf -- are you on? commissioner. good evening i'm alison mc gee a

fewer commissioner i want to add this conversation is exciting. and i would just add that it would be wonderful to include some young people in this conversation. we have community providers that are expert in work and have you and the department. but to include young people and this department and needs and make sure we listen to them would be a wonderful opportunity. i encourage to you consider that as you build this program >> have you reached out to the youth commission they used to come and be a part of our commission meetings as well and they are in our working groups >> great idea. okay how many commissions? thank you. and kin how they operate. like if there is support from the department you noted the judge did not require anything

from the l.a. county board of supervisors? in it did not at all and the only willing hurdle wanted to make sure we had confidentiality protection in accomplice for young people in the program if they admit to us they are still struggling with substance abuse we are not run and report thanksgiving to the police. or if they are gang involved and we are mandated reporters. if manage had is a safety sxsh somebody at risk we would report series potential safety,. but otherwise it is safe for young person to admit to when they have done and go throughout processes it and growing without that being used against them later. . and so this was an punish protection in place. and we also -- to answer earlier

question, by doing prebook diversion, they -- the cases then never are on the radar of probation. it is really cut out as the process. we were luck tow have the strong support of our probation department in the forming they were being put out of the process. no tracking or recommend thanksgiving goos to probation. and -- but help us later with checking recidivism data. now to hold against the individual kid but recidivism in the program, counselable to make sure it was working. looking imsa at this time in the aggregate. an important partner that way. >> thank you. was mr. mohammed able to rejoin.

my big beyond the 2 commissions that are roadblocks and sounds like, not much. so since there is commitment we might include the young. there is not a lot of structural barriers >> another thing we found essential to success was building really strong on boarding training. for law enforcement officers to build genuine buy in opposed on them. when this is different from the a lot of them trained throughout their career to see and view kids. we do a lot of retraining on the teen combran where behaviors come from that is a more genuine accomplice of sfwhae and data protections to make sure kids are diverted with equity so the

program is not used easily for others and others are unworthy of diversion that is important to have in place. we got had off the ground in less then and there a year. not a lengthy process and copying a program out of miami dade. and san francisco has amazing promise. we talked to clark they are incredible we are happy to be an outside support and share whatever we can to support you in this process. you have all the ingredients there. >> and i indicated earlier. this is the beginning of an on going conversation and you know our plan hope is this the juvenile commission and the juvenile probation will come back and give us an update and report. >> absolutely. >> how are you i'm part of the

juvenile. probation commission. like my colleague, ms. mc gee stated to bring studentsil always call them students and also parents. and grand upon parents and care givers. this brings a different lens and assesses and provides information you might not have that can move the needle more. that's all i wanted say >> that is an person remind exert for those of us on the commission that wentllow process our policy what was invaluable was having meetings in the community open to the public and the best recommendation from thes youth that were there and see that as clark committee commission works through planning process i encourage you will have the session in thes community to hear from people that may be would not be able to make it to city hall or enengage

in the formal method >> and the out reach to those already incarcerate who had can come become and talk about the process and when they feel should happen. >> i appreciate that that because the communities boards are really essential to the success of the programs we when there are service providers and community member who is have relationships with the young people. young people respond to that. when we want to do is make sure that young people are feeling supported and held and reintgrit in the their community buzz they are not necessary low the result of what action contact with the system. i thank everyone we used up our 45 minutes. >> one more >> you can't leave us yet. commissioner yee. >> thank you very much. . president, i want to thank commissioner yanis and in

support of the diversion for juvenile youth. i'm happy to see happening over dm n oak left lane now they have theed 2 year head start on us and making sure their community is safe and making youth i guess get them out of the cycle that they are in. i'm -- just you know in l.a. thank you very much for sharing your knowledge and -- you know the right directions. a couple questions of stake hold ins san francisco a long time organization community youth center. here for 50 years and advocating for at risk youth and -- so we are looking forward to working with you all and good luck and continue success. thank you. >> commissioner?

thank you. i had one comment may be my experience. one disturbing things about california luyou punch member and break a nose as an adult and bailed out straight away if you are a juvenile you are held at discretion of the court. and i found out >> if more rights than the juvenile. and it -- really shocked me in that time the juvenile spent a week incarcerated an adult would have been bailed out and i would hope in -- this discussion of reform the sdwrofl avoid

recidivism we avoid incidents like this when an adwhult a police man arrests somebody that person can be bailed out. thank you to the juvenile commission. thank you for coming. we appreciate it. and to the presenters. why are you going to take public comment. i'm getting there i want to thank you, first. don't ruin the surprise. sergeant? members of public this would like to comment regarding line item 6 approach the podium. >> hello mikal portrellis i'm

putting my health at risk taking my mask off i in here as an hiv positive person to address you bought you don't take remote comment the 2 people who presented they get that privilege. they got to make their presentations remotely and than i got to do it visually. shameow for ending remote public comment! there was not one youth presenting today. you forgot about them. do you really want juveniles who have been through the system or at risk at going through the system to take an hour to come down here then go through the -- at least 6 police -- sheriff departments to get through to come in here and then there is

like 6 to 8 cops behind them? shameow. for not making this presentation include a single juvenile. and shame on you. for not having written questions. shame on you for not having the presentsers have a time limit on themmism got a clock ticking down on me. you all should have a clock ticking down on you. where are the juveniles? where are the juveniles? and if they done want to come down here, they want to make ape presentation, you deny them the first rights to peek out by telephone. shame on you. >> i gotta in xh down here

having covid and hiv. thank you mr. portrellis. thank you. shameow. >> shame on you. where are the juveniles? any other member who would like to comment, approach the podium mr. per trellis, thank you. [inaudible]. and the cochair. hi. i'm dawn. what's up. i'm the director of sunset youth

services and the cochair of the juvenile justice provider's association. we are ansorption of about 25 organizations involved in involve and young adults justice am work. the bail system. thank you not only this is not only issue with probation juvenile probation -- or justice is -- kids men people don't know this. juveniles don't have the right it a jury trial. san francisco has a lot of great stuff we can't get out of our own way temperature is hard as a person worked for over 3 decades my adult career in justice to listen to presentations of people coming in from outside to talk about stuff we have been doing for a long time and that the reason we don't have

prearrest diversion there has not been an appetite for temperature i'm excited here chief scott talk and excited here the enthusiasm and the appetite with the police department and the da is has been missing. the piece are here the people are here. we are ready to roll there has to be an appetite for control over whether the kids can be diverted that is the police department and the da. so thank you very much i'm excited you are excited let's do this. i don't have much to add my colleague sum today up. il say a couple things. i'm molly brown a language time child advocate and do volunteer work for the justice association. sounds like you know how lucky

we torhave this robust network of services and love for to you help us to work on the prearrest side. tell need your attention for this to happen. and some deadlines. i recognize that chief scott is a very busy man you have a lot on your plate i appreciate what you do. but this is an important issue. well is no 13 we have in the implement third degree already. clark 20 years ago was a lands mark program work nothing post arrest diversion the funning 10 million dollars of searchses for juvenile justice support again, most cities don'ts that funds we are in great shape. we need in helping push to make this happen.

you could do this clark stands ready we had this program since

19 machine and it was the first in the country. and all have you to do is i think say the word. and take the action and you can make it happen. chief can we bring this back and the department present on what steps is taken to get this going and perhaps may be a draft or blueprint of how we can ghet thing enacted. yes. >> hi. mrs. brown. we are talking about the pipeline to prison. that starts when the kids are in school when they are taking those pictures. and they are using the pictures as criminal pictures the pictures than i take every year

for their pinches to get to school boovenlg not only this i piggyback off involving the families. the grand mother and it is guardians. they are left out. and you taking the children which are minors, and peeking to them without i guardian around. i had to go through this with my children and fight for that. you know my son was a minor, too. okay i had to fight. this is has been going on for a long time this is not just happening now for a long time. so -- i think that the families the families that are at home disfunctional family and some of them have drug problems. how are you going to if i can the kid if the kid go home to this neighborhood and family to whatevereen if they are raped. upon even that -- that goes to

the girl who is is loseings their life. african-american young boys. young teens. i commends you are doing this. but still need to involve the grand mothers, mothers the guardians and get that whole family in there not just the children. they will upon leave. they will not stay. buzz the trust issues. we already don't trust. our children don't trust you. when do we do about in? what happened? we can talk let somebody be of their own national. let it be an african-american. bring this become in 2 months,

chief? okay. see you then. >> item 3 chief's report. weekly crime trends and public safety concerns offenses, ins debt in san francisco impact on public safety. commission discussion on events and activities limited to determining calendar for a future meeting. chief scott? >> thank you sergeant youngblood. i will start off with yes or no crime trends over all 7% reduction in series crimes that's a difference of then00 fewer we are up in homicides. however, by 4 from year to date in 20% increase. shootings down by 8% x. out offer homicides 15, 13 of the 19

were firearm related. that is an increase of 3 from this time left year. couple to report major incidents. includes i gun related homicide the 800 block of eddie on may fourth at 8. . 14 p.m. officers in the area responded locating the victim suffering from i gunshot wound. witness reported a vehicle leaving immediately left after hearing the gunshot. private cameras located with footage showing the incident and a possible suspect vehicle. vehicle spotted and pursuit initiated but terminated as it reached oak land. victim was transportd and su.comed injuries. that investigation is on going and investigators are working on that. there was a homicide on the 400

block of du bows in park district may 5 at 11 a.m. a call of a possible deceased person at the stair well. video if the building showed the victim walking in the stair well and stump knell fall. it was determined the victim suffered a stab wound. officers were on scene the information received this identified a possible suspect who was located in the same building. cause was developed and the subject was arrestd and booked. there was an rest in that kachls there was one shooting that was on 1500 block of market on may 5 at 4. . 08. victim in an argument with the subject on the muni 49 bus. witnesses on the bus the subject was insulting people when both

existed the butts subject shot the victim and mann republican away. witnesses provided statements and descriptions the victim was taken and nonlife threatening injuries this investigation is on going. if anyone has information leading to the oifkdz of the sense call. information can be sept unanimous. other incidents we had an arrest and bank robberies. 9 bank robbery in all. spanning 2 weeks from april 26 to may 9. suspecterns a citibank on may 9 a note in front teller. suspect used cell phone to translate from mandarin to english. teller gave suspect

currency. the teller gave suspect moncompetisuspect fled from the scene. later richmond officers located the suspect and rested him. a robbery detail responded and took overnight investigation. it was determined this person suspected in a series of 8 bank robbery and attempted robberies occurred the past 2 weeks. get work by our patrol officers with robbery detectives. march 30, the victim was shot in the become in the area of willow alley. information garthed during this investigation leading to the identification of possible suspect. who was believe to beed a neighborhood's dealer. probable cause was establishd and arrest the suspect. forensic evidence linked the suspect to the shooting. there was a body recovered at

pier 39 by the fire department the victim not identified. she aftercan-american female and recovered by the san francisco fire department. of fire boat and of diseased at the scene of the me arrived and will determine will hope least identity of the victim and the cause of death. at this time the incident is under investigation. again anybody with information call 415-575-4444. talk about sun driving. we had no events overnight weekend. however, reported on many occasions our officer and our investigators don't stop once those events are broken up. we tried to obtain sxefdz if we can locate and identify the vehicles and people driving them

we go and get seedsure orders for the vehicle. this reporting period or the last 2 weeks we seized 3 vehicles. by that methodology i just described. one seized on april 18th one on the 19th and one on may third. so again, for people that are committing the acts in our city. you might get away with it but our investigation is in the done and we will investigate and there is accountant the cars impounded for 30 days. we want to let public know that. and we'll continue to responded and continue the investigations on the offenses. 2 other updates. last week there were questions about the shooting at the wall

fwroenos market street. the da reported that she is taking her office is taking second lookment this investigation. we are still in the midst of followum investigation. and there is nothing more to report i wanted update on that. also on the there is nothing further to report on the -- former fire commissioner victim there is nothing with the case that is under investigation. with all the developments this happened in the last 2 weeksil keep you updated and as that evolves. and that is it for my report. >> thanks, chief. plenty of time. >> to ask questions dmou. regarding the stunt driving and side show the department has been successful at attacking the

issue and that the legislation that was introduce bide supervisor safai giving you the tools to hold people accountability which hen a great deterrent? has been successful. is that right? >> i do believe you are correct on that. and wron thing we know for sure is our responses is better over the last couple of years that legislation is helpful because -- we see on social media when people are post when we responded or we are out. coordination with outside city departments much better. california highway patrol. and south bay.

. seize the vehicle is significant had is a huge deterrent i thought oak lands had this issue and looking in the legislation that supervisor safai introduced and use that as a tool for their law enforcement agency. i hope they are successful we all have things this go to city to city. and if we all do it we have different jurisdictions and legislative body and mayors and city councils and boards.

my second question the i assume you are aware of the resolution passed yesterday. which included according to the amendment san francisco police department. and upon the request to have the department release the video in the banko brown incident i wanted have you what the sfpd responses to that resolution or if you were going to defer to the da on it? we have not responded but i will say i didn't know about it and we don't plan to release until that investigation is over. it is an active investigation. and we don't want to do anything to -- get in the way of -- what might happen and i'm not say whatting will happen homicide investigations we don't show videos of -- and that is we will

follow our protocolos this when the final decision is med that is a different story >> who will make the final decision or allow the da to make that decision for you >> the video. once the case is done and the investigation is closed we can. if it is a closed case and we

meet the criteria to clear the case with a clearance, which is within the rules of the crime reporting, this investigation is closed. if it remains open for further investigation that is different. some cases do. use information as present >> in this case i want to make sure the understanding is correct. turned over the investigation this you had to the da, they chose not to time discharged the case. a discharge code provided. the san francisco police department continued to investigate the case? and card everaccording to you the updated well is follow up investigation needed.

that will determine whether you the department release the tape in >> if a case is close exclude we have done everything we can do. if closed, we can release that information from the case. this is the public interest and a lot of people were asking about at this time case is not closed yet. at that time we will reassess we can't release it. and just to one other -- note to this in terms of how this -- works with us and what we do on

this case is -- when a homicide investigation is closed, often times get public records request by our willing folk and unit. and there are times it is present to release. somewhere never closed the case are never dismissed. they did not it is sxoep disclosed the video. so. >> you know. >> i guess this raises occurrence because i think of the mou that the department is try to enter with the da office. because in that new mou there is a confidentiality clause which allows the da the investigation to claim a privilege prohibit the releaves vos and given her

refusal to be transparent and forth right to the public. it gives me cause for concern that may be the case when it come to roch involved shooting and whether that video or evidence is being released. we'll agendize that and talk about that. s that was a concern dpa raised with this confidentiality agreement in the mou as well. it does feel like we are going toward a path of flush the occurrence out that would be helpful for you to provide us update in terms of investigation. and when the departments position is in terms of relesing the vo and responding to the board of supervisor's resolution wrochl 2 things. on releasing the video.

i'm certain during my time here real leased video after filing of the charges with consultation of the da's office or released radios when the case or responded to public record's skw q when the case has been dismissed. we have not released video during an active investigation. that i can recall. and on the i then and there needs to be agenda the mou there is language about town hall and things that nature that will preserve the department's ability to be transparent on those issues. i don't see it as a concern that was written in that mou. happy to discuss this. >> town halls are different. a dissection of videos cropped by the department we are talking about full access and evidence.

or the police commissioner's ability. that privilege is invoked. imed to ask if you have information. i don't tonight and i spoke the chief they are going to that information my understanding is this information will go to the commissioner before it is released public low. we have conversation about when they are doing daily but they asked they release their own data.

the roll out of training for the surveillance ordinance. and see how that is going yoochl going, limp we have started to do operation and we have several this have been approved. they all resulted as of left week they result in the arrest and seizure of evidence. narcotics. and so far it is going well. there is the approval process we prevented but made arrest and seized evidence yoochlt do you know how many times the live monitoring approved >> at least 3. may be more i have been out for a few days dinot -- leave today's briefing on the crime trends i did not get this

report. can i report this next week. and we will have regular reports. thank you for this report employmented to ask -- a couple questions about this banko brown investigation. sinceor left meeting in the media well were articles reporting that a witness came forward donald washington junior. and made statements about what he saw in the wall grownos that day. has the department interviewd that witness in >> i don't know. i don't know i have not seen the store and he i got become in town i don't know whether the department brewed this witness or not. the anymore is not familiar. i will say that so in case this

jogs your recollection. witness said that the -- security guard through banko brown out. wall greens came back in the wall grown and said manage to himself like not today or hell no not today and turned around and walked back outside that's when he shot and killed banko brown. that was the witness testimony. i cannot confirm that. gi cannot. >> okay. >> i guess the reason i'm interested in this is i went become and looked at the may first am statement made by da jekel consistency. and i locked at the statement

issue on may first. and it said, it is from the da, not the department. we review witness statements. statement from the scene subject in video footage. does not mead beyond a reasonable doubt to a jury. evidence clearly shoes the suspect believed he was in dang exterior act in the self defensement words, clearly showed, it was hard. won't don't have all the evidence public low or before this commission. it seems hard to reconcile the strong words it was in self defense.

he was interviewed by an upon journalist. >> i didn't mean in a legal sense. if you have other thoughts can you put your anymore in the chat like the rest of us do. perhaps for next meeting, chief if it is something you are able to discloes close whether or not the department has interviewd that witness i would be interested to know. >> so -- i -- i can't peek to the da's statement. as a matter of fact i can't speak on homicide they are evolving. i don't know that the da said to the public oi don't keep up i get my briefings from our folk

and our team and try to stay focussed on that i can't peek for the da, i do know having worked these types of cases they evolve and sometimes things change and you change your opinions of the case. i don't know whether had is the case or not. i can't -- i don't think i should be put in that position to either -- say it or not. and this is an active investigation so like i said with the case and all the cases, i try to say the things that are appropriate i don't think it is appropriate for me to come in here while this controversialy, heated discussion is happening and then commenting on the facts of the investigation until appropriate to do that. i ask the commission respect that. you -- as in the lee case and others we don't get up and quote

upon and mrin when is said in the newspaper with these investigations. so i will do the best i can to be as trans parent i can when appropriate but it it is not appropriate for me to come in come discuss the details of the case when it is still open. hopefully be resolved soon. >> understood i was not asking you to defend or not defend something said. the reason i gave that back ground to explain i didn't was interested in knowing whether or not the department interviewed a person i'm curious to know whether the da had that information on may first bh she issue third degree statement saying she had interviewed witnesses and med that determination i wanted what i want to say whether on may first the that witness -- interview was part behalf was considered. that why i asked. the question about the -- dody

case. case involving an unhoused person attack of a form are fire commissioner and the subsequent investigation to whether or not that form are commissioner himself is a suspect in a slew of atalked on unhoused people. there is one thing i asked but left week i was not clear about what i left the meeting. my understanding from reading the murp is that the defense attorney obtained the video and the 8 police departments from the da via the police departmentful; is that correct yoochlt i'm pretty sure that is correct. >> my question is, why did the police department believe that those 8 reports were relevant to the case because at the time, i

don't know it was there was anything said by the defendant yet that accusing the item of bear spraying him. you used the 8 police departments of people using bear spray against unhoused people what made the department believe these reports could potentially be tied to the victim? >> well, my understanding is this they it was information after the allegation was raised a community in these reports there was a type of pep are pray it was described bear pray in the public but used in each of the reports. suspects not at all consistent in the happening sdripzs. it was the variety of descriptions there were a couple

that were similar buff -- information and i don't know how the public defender approached the subject. the department new there was an allegation of that before it went to search for police departments in the case? i believe it was raised all the reports this community in it. i don't know how i can't tell you how -- the defense reys raises the issue in court if an allegation was made that the victim in the case may have been involved in these incident and that had to be locked bo and turned over.

i can't tell you when but this was raise said. i you a report it was april 10th when sfpd investigator thought that for some reason the 8 reports were linked. other than the fact it was raised i know in january was there was an e mail asking to identify a report that had a video the image in it. in did not i don't know what happened. i can't tell you i can follow up what happened on april 10th. i understood and told is that it

was when it was raised in court this the victim the victim the -- the former fire commissioner may have been or allege exclude involved in the other dintss. so -- that is i don't finish this happened on our around april 10th that's when it made my attention. thank you. members who would like to comment regarding item 3 the chief's report approach podium. >> michael portrellis again. i long complained that um who the police of chief is they come before the commission um and present information. ooum -- we need 3 days advanced notice. i think that the chief prepares

remarks before he come here. and we had know some general out line of when we will talk b. i think it is shameful that um, there is nothing in the agenda this says the chief will discuss case x, y come z. especially with the um -- banko brown murder. there should have been something in that line item that said the chief give a brief update about it. the family the friends of um -- this black transmurder victim should have known it was going to be discussed. if you look behind me, there are so many empty seats. that is a shameful blot on all of you. that the public is in the here. and that you are not going to hear any remote public comment

by telephone. . i put my health at risk to come here. and i don't think it matters. he is coughing. i don't think it matters to you. because you ended remote public comment. that my health is at risk. look at those empty seats behind me. it is a blot of shame on all of you for ending remote comment. i'm going to i understand by saying, the chief really needs to mitt an out line of what he is going to say and it has to appear on the agenda. ure putting me at risk. boy. >> um -- i wanted say, too. is it on. you notice when i come here and you guys pledge the energy i

don't stand up. i don't stands up there is in justice for my child and my son there is in justice for me. justice delayed is justice denied. that's why i don't stand. i wish i could. but i have no reason to. you said that as accountable for murder where is account act for my son what about this young man brown at wall greens the man on eddie street. what about those parents what are they feeling now we did not bring nothing about those parents it is almost about when that kid did. i know left week when i was here somebody said that the browns spit on him. so is this a reason for that boy to be murdered?

no it isn't. i'm saying that i feel for the paraphernalias that gotta go through what i'm going through. i don't when this young boy did and i'm not his mother but did not deserve to die. did not deserve to die. the the man on eddie street, toochlt that's around where i'm at what do we do about this. i'm talking about unsolved homicides. there will be retaliation whether by the police or done by community violence. what is the difference. one more emphasis put on police do it or member that carries a gun. it is a little stronger then of we need to solve the unsolved cases. something needs to be financial i'm worried about why mental health is for mother's that can't come down here.

thank you. ms. upon brownful item 4dpa director's reports. commission discussion limited whether to calendar issues for a future meeting. >> thank you. good evening president elias and overstone. sxhrns public and chief scott. main statistic i want to highlight in our new format is the case had to 72 days. there is a time clock for dpa

investigations they need to be completed within a year and 12 to complete them before 270 days thank you very much time left year we had 34 case this year down to 26 and of those 20 are told for legal will reasonings officer unavailability or other pending criminal [inaudible] that is a test imsa am to the work of our agency through this investigator and the legal team really fortunate in pursuing cases. we have 7 cases pending with the police commission. an officer failed to proper low investigate 19%. this is i trend we have been

seeing for the past year and talking about not guilty disciplinary review board this is an allegation we are seeing and second low the officer behaved or spoke inappropriate low 11% of the 47 this came in the past week. in terms audit the next key issue report on officer discipline this covers sfpd holding of discipline and the timeliness of chief hearings. the report is available on our website at sfgov.org/dpa. they are scheduled to present this report to the commission on june 7th. and as we talked about, lot last week. we want to won an aword and the audit team of 2 is presenting on the audit that won and receiving the, ward and i'm sure the

director will want to talk about the next time he is before you. we don't have anything in closed session. present here is senior investigator chris januariel who ponent to members of community and is continuing to be here if issues arise. where dpa can be helpful. thank you. commissioner benedicto >> thank you. briefly. do you know how many of the there are were told from the >> i don't. i don't have that number. i can report become on that the next time. okay yoochlt the case pulled for a time. i imagine it was probably a good at least 50% this is anecdotal and will get the number. i note that not own a drop from 34 to 26 this tha is despite more cases opened at the same time.

hymn impressive. thank you. >> will thank you. i ask this bring the award when he come. >> i'm sure he will or not. >> perfect. >> >> public comment, please? member who is would like to comment regarding item 40dp adirector's report approach the podium. [no audio] [no audio]

>> and i was silent for a minute for the silence of the mother who is can't come inform people with aids the people at risk of covid. who can't call in. ure not hearing their voices.

until you start taking remote public comment, this body is not an accountability body. you are not delivering accountability until you take public comment of. end of public mental. why commission reports discussion and possible action. will be limited to a description of announce ams discussion will being limed determined to calendar raises for a future meeting. commissioner president report. commissioner president and scheduling of item for consideration at a future commission meeting.

>> members that would like to make comment regarding item time commission reports approach the podium. [no audio] [no audio].

>> i hope you have it on the agenda. to discuss the murder of banko brown. the subject of this black transman's murder. without any advance notice. i want to you put it on your agenda for next week and every other week until the case is

resolved. the family and friends of banko brown need to be here. you need to hear them directly. president the end of public meant. >> line item 7 early intervention present discussion. welcome. all right. good evening i will get started. so i'm commander with the risk management office. good evening president, vice president carter. commissioners. chief scott will come back and acting director hello. okay. so, tonight we will talk about the early director hawkins [inaudible].

okay we talk about the early intervention system the eis want to talk about the third and fourth quarter of 2022. tonight's in this presentation an overue of the eis system, trend and progress report on work with our new venner moving forward, bench mark. so let's get started. i brought friends with me brous tout team that does this workllow lute bill toomey in the become. receive in charge of legal division. next is sergeant darwin. we have senior analyst not with us wendy young and stefani. why do zee eis system. identifies performance indicators mechanism encuring acountable cause liability. extra support during a stressful

time before an officer suffers an add verevent and we like it to improve over all employee performance. the current performance we use, use are force. officer involved shooting i will not go over all i presented before. thresholds those will change with bench mashes. i presented to the support. and now the presentation over to sergeant for the rest of the presentation. >> good evening. good evening. chief and director. i'm sergeants narvalil present the rest the slides for q low and 4 of the eis. for quarter 3 of 2022, we reported about 2% gent ritted

alerts involved sick indicator in 12 mons, 4% 5 or more in 6 months. in this quarter. 93% were gent ritted having 3-more use of force. quarter 4. again the majority for 3 or more within 3 months for about 82 opinion 7% of the alertsienerated the others by 5 or more indicators. >> break down of receiving alerts. each month are system generateings, letters quarter 3463 members received at least one alert and quarter 4, 443

members. a break down of alerts by the quarter. 3 or 4. quarterly however 600 equalize it 19.sick % decrease in generated alerts. >> moving on to the indicator points by quarter. 3 compared to 4 there is i significance decrease in the indicators for uses of force and -- there was a thing opinion 1% decrease. and we attribute that to the change of the use of force policy. our interventions in the q3 of

22 we did open a new innerrengz with one member of the police department and -- that is the only intervention going on in quarter 4. we conditioned with our engagements outside eis that involves formal kournsing and frms performance improve. plans. i wanted give you a few wants on our progress with our new vendor bench mark analytics. we did run in a few technical setbacks like with anything new there will be bumps in the road and bench mark is no exception. however we worked daily with the bench mark team and technology team to finds solutions to

problems and we implemented further ways to prevent this further loss of data that we encountered. we are also -- working on -- other immediatules with the bench mark project. however we have prioritized our first signed module with bench mark analytics. that concludes our presentation. we are here for questions. why great. thank you. >> commissioner. >> thank you president elias. i guess i have been involved in the conversations around the eis system and bench mark system i know there are delays we can't aroadway and will delay the going live sufficient there an u. we will project to go live.

we are in the user -- and conferred. until we -- hit like request from the department in

determining what type of information can be shared >> the information can be shared --. and operations hen in multiple meetings around this. i want it make sure those are being connected. only 2 other questions i have, there are -- in -- on page 6, there is a report you know 6% right and -- well is worn -- active intervention can one new intrens opened. what is come someone gent rit

for a large number in a short period of time and what props these innerrengzs and when do they entail. >> that is a great question. i want to break it down. there are 3 parts there. with generating an alert, we the first why is for myself to review the alerts i will review those and see if they are used as forced or if they are civil suitis will review hem and see if there is a pattern of that risk behavior. if there is a multitude of inld indicators i will 7 those off to the station level. they are pip sergeants to know the members more they spent time with them daily. they'll then review those themselves and determine if

there is a pattern of at risk behavior. i -- when it come to determining whether intervention is needed, this will be at the discretion of the sergeant. and that will also be discussed with our unit as well. we partner with the station. and intervention and moving forward. when you identify those is that does this pit sergeants have the distruction to did to a formal or natural performance improve. plan it is >> yes , there is another layer the sergeant am revisit the documentation involve with the alert. police departments, claims, or use of force logs after they make their determination they make findings to the unit they w

in stlchlt another layer of scrutiny there and determines what the proper course of actions will be for this officer. whether more training or a formal pit. they could make a plan for improve ament is this communicated throughout that process? i think once it gets to the sergeant's level the communication about the indicators occur. because the paperwork does not answer the questions the sergeants needs the conversation. also under lying factors that the supervisors don't know about until they have that conversation. there might be something going on in personnel life causing the

things. it is complicated but this is one example. >> um -- and i guess the last question is really -- obviously and alerts come up well is a pattern. if you are getting 6 alerts in sick months or 12 mont period. i would hope that these conversations are taking place than i may not always go in write nothing a formal plan. and so i mean that is the work in progress for every manager and supervisor you said every circumstance is different. the last question the numbers on one page and a total number of individuals in the second page, is there a reason for this or could we maintain consistency there? >> the actual quarter low report we publish is almost 50 pages.

that report is a little more broken down. detailed as you -- mentioned. this was just more for an effort to keep it more brief. >> i was say nothing page 6. it says for the third quarter 6% who reach 5 and 6 alerts. page 7 for the fourth quarter it says 30 and 90. >> we make sure we build the same graphs. >> yea. >> thank you. a quick question on slide 8 the number of members receiving within-3 alerts after that the new officer receive more than 3? no can you reason jay one alert per month. okay. thank you. members that would like to

comment regarding item 7 early innering vention, approach the podium. no commentful 8 the collaborative reform quarter low update presentation, discussion. good evening. >> like you were just here. i foal like it as well. [laughter]. welcome become we are happy to have you. we are all happy to be here, right?

commission president e lies thank you. i appreciate the town to present for the collaborative reform initiative. as before there were 272 recommendations that came from the 2015 assessment of the police department. 245 of those have been compliant by the california d. justice with 20 recommendations remaining spread amongst 4 of 5 with the recruitment having all recommendations completed. this is a graph of the progress as it moved phases 1-3 with 245 recommendation in october of 2021. after 2021 the project transitioned to a sustainability model we made adjustments to the remaining 27 recommendations.

in addition to the 27 recommendations the department worked on sustainability that require periodic updates. of those 245 and substantial compliance. 170 require some time review. things that reports or -- plans required to be submitted. are the efforts used as foundational work we continue on the remaining in progress recommendations jump as our electronic use of form force form. quarter leave activity and data report and updated use of force policy. field tactic and option's unit will review use of force in our early inter~ vention system will

be upgraded with tools in development. this graph shoes the uchz force for 2717 through december 8 of 22. 2 different lines blue and green. blue and green represent the change in use of force policy that occur in the april of 2022. and in significantly. the category regarding the below ready of fire arms more use of force reports were required. >> policy changed in december of 2022, and that data will be included in our future updates. through work with audits and the need for more robust systems

work on in progress build currents efforts to identify and address through education, accountsability, transparency and policy development. communities mroegs. the chief's commute forums and community police boards are reinvigorated. to support departments strategic plan and to support development of the manuals with the goal of improving commune engagement on needs. the strategic plans found on the department's website along with community related reform recommendations. management tools make progress on the development. long with training development. the discipline review board includes review of complain trends. added analyst to the internal

affairs is jurisdictioning ability to collect and analyze data >> look back -- project planning bohn 2 under the use of force objective. practical plan woornld the improvement of the capturing and analysis of both arrest data and use of force data to include causal fact ours. 40 demographic data of the suspects and officers when force is used. the plans are accomplished through department analysts and

technology department. as they identify data points and build out the interface. project plan 3 focussed on community policing. included here the revision of community policing manual and chief's 4 manual. these will assist in the reini havingerating of the chief's forms and develop of strategies. the management dash board ourndz plan foufrm. plan number 4 is regarding reform effort and our about furthering biassed free policy supervisor involve am in systems through the use of technology to better collect data to further our knowing of potential bias behavior. vendor made progress in many stages of build completed. project plan 5 is around internal develop. this plan calls for committee to

report finings to this commission. that committee identified as the disciplinary review board accepts responsibility to review internal trends long with partnership of department's office of equity sxhe inclusion. these are inspect recommendations are stand alone. those rink from the staffed causal factors of use of force to the further development of upon dpp plans. use deadly force we are in discussions with our collaborative partners. and the california department of justice. and seek guidance how to move for the. supporting plans and electronic and monitoring of the plans.

both these have been prescreened. stemming from this are incorporated. expect to resubmit these 2 in the future. 41.1 updating the policing manual remaining recommendation under, counselability 55.to complaint trend data and analysis with internal affairs xangd the content of internal affair's reports to this commission. why implementation needs 4 ofifiy project plans technology, technology service, data analysis to complete. and for improve the data collection the department gone through procurement for a record's management system. this with the personnel can software service will be

critical for sustainability. most of the reform work moving forward does not does require additional analysts who are needed to driveway from the increased dataasm cii on schedule to be completed by 2024 with a final report few months later. thank you. thank you p. just -- border patrol i thank you for the presentation it was comprehensive and we got the record and i like to commend the manager bureau of department under mc mc guire this has been a long process. and twhoon was very bumpy since it begaurnd the administration and then the administration and shut down the area the work had to resume urn

the california department of yesterday who had never done a review of this kind. had to learn together the vender worked with changed entity combhs ownership. there have been many changes overnight course well is work to be done temperature is worth noting this has been. the department remained commit exclude made this progress. thank you to the bureau also handling policy development thank you. is it revisited on going or do we move on and focus on the remaining recommendations? >> we, cal d oj and the

successor organization to hilliard hinze. and jensen hughes. >> good question. no, for i mentioned after october of 2021, when we roached the 245 in substantial plans moveed a sustain moss rereview of every recommendation we had gone through. of those 1 upon 70 were identified as having targeted rerue. well is a regular update or thing that must be submitted or adammed for best practice or new plan. and the other ones that don't call for a specific item. are still revisited under general review and a schedule with how we go through those and we have been although we have not submitted recommendations in 20 remaining we engage with cal d oj and submit them weekly and

have been since october of 21. >> great that is helpful. thank you. eighty-one of the recommendations that00 autodoj made the use of department bulletins to circumvent the process and cut out the public from the policy making process that was under a countability heading we in compliance that that was the genesis of the original 3.where are 1. >> correct. why but there perform recommendationless 3.where are one hits one of them. i guess, yes we are in compliance with those? >> yes. are those is that cluster recommendations if you know off the top of your head, part of the recommendations periodically revisited part of this

sustainability model. >> i don't know which of those once are part of the targeted. i do than whatever group of recommendations under whatever the number calls for the 3 year review of policy and i think 3 opinion 01 expandod this. great. and to be clear we are not sure whether or not i think those 3 or 4 recommend eggs the use department bulletince whether that is manage that will get periodically revisited in making sure we are on compliance or not. >> correct. i'm not sure in the 64 series? but not sure >> great. thank you, operate it. >> mechanics when would like to comment regarding item 8 approach the podium. thereupon is no public meant.

>> thank you. thank you. line item 9 discussion and action to approve general order 2.01 rules of conduct for the department to use in meeting and conferring with the bargain units required by law. discussion and possible action. >> good evening. commissioners cho. i'm back. i brought more friends this is lieutenant in charge of internal affairs division. [cannot hear speaker].

thank you a few questions. soo page 4 of the draft, in the middle. number 6 under i don't is shes know off duty officer under the influence of upon substance place themselves in police peace officer status. as you will recall commander, we had a back and fourth last week about the clarity of our policy governing use of alcohol or other drugs on or off duty i was concerned about issues of clarity i fwling up because.

2.where are tw we pass last week section 3 gashing says you had not activate on on duty if you are impair third degree says not activate if you are under the influence, a different standard. i don't know think that credits a -- -- it is not consistent. obviously but i gismented ask if you think this inconsistency sea problem or if we should make the 2 policy consistent? >> this one is more strict and alcohol 2.where are 2 and use impaired standard we defined that there was a blood alcohol level associate with the impair am and under the influence.

and where are 3 addressed the same issue under into being cant and drugs and then in 2.01 i understands yu are asking what is the difference with the 3. this one surrender the influence of any intoks indicating substanceful include alcohol, right? >> right >> right. in my opinion had is inclusive of 2.2 and 3 and higher standard. noted activating yourself. right. as it relates to alcohol would be a different standard what we tell officers under 2 versus this policy. tell them don't activate if impaired whatever the higher state your name control if you look at the wrong policy you may make a good faith make the standard is in the event you have to activate.

that's why i'm worry body it. i than officers are supposed to have committed to memory the page of dto's we issue but in the 97 they -- had, had a drink and sdoided look at the policy covering alcohol and looked the what and thought that was the standard and didn't know there was another policy that actually expressed a different standardism wonder whether that is whether in the sentence we should break off alcohol if -- go back and change the sentence to make clear the standard for alcohol is impaired but everything else is urn the influence >> thank you. [cannot hear speaker]. there are 2 different standards.

pick the more strict standard or -- yea. >> okay. i. to add. >> okay. i think that or would [inaudible]. [cannot hear speakers]. inclusive urn the influence but they are on notice for both >> i brought my editting pen with me. noted. you were ready. >> okay. so i think we near agreement we can add -- [inaudible]. are you after intoks indicating substance influence of any -- urn the influence of intoksicating substance or

impaired. on the other hand the influence or impaired by -- of. happening i think that worked. >> lieutenant you are good with that, too? >> yea yoochl under the influence or impaired by. >> yes. sergeants, you got that. >> okay. thank you. further question was page 6. number 14 and insubordination. will i had a lot of questions about this one men i will state them all up front and gauge your reactions. so i guess my top level take was this section expresses, lot of different standards for what insubordination is and -- some of them are very different and some set a high bar and low bar

and i'm worried about the potential lack for clarity for officers about what the policy requires of them. so, specific question system whether we think a lawful order is an or this complies with state clsd commission policy or not. and out for an implication. lawful and commission policy we don't do this here example so -- if we mean for this to include commission policy we should say that. if it is -- you imagine if a senior officer does a lawful order under state law and not comply with commission policy the subordinate officer would

decide whether they want to commit insubordination or violate another commission policy. again elsewhere we make clear the upon difference with lawful and commission policy law. this upon last sentence failure or refusal of a member or employee to obey an order begin by a high rinking member constitutes insuborination, failure includes a good faith effort to comply and failure to carry out. to me that is troubling. obviously well is all the other

prior sentences that provide a whole spectrum but -- that sentence, sloan would include something i think most of us agree does not institute insubordination. and a general question is -- you know what imsa the behavior that we want to -- incentivize. i imagine certain situations where we would want an officer to -- push back or offer a different perspective the receive might have information that the senior officer does not have or have experience the senior officer does not have. that would allow a better decision to be madism wonder if that would be swept in by this i talked a lot i will stop there.

>> i will have to go back from i heard several questions. as to the refusal to obey an order, to your point, i think am this does not exclude a subordinate from opine whatting they think should be done or expressing views on what is being done. i think good leaders take that information in consideration. buoy donning for our department to function we are pair imsa military witness this decision made and it is love and within policy, that we have to move forward after we hear out our subordinates on their opinions. i don't know if that addresses your question about that? >> you know what come to minds are civil unrest and protests we

would love to hear differing pregnancy but we need to get our work done and expect upon the subordinates whether they want to be alined that is going to be our exteriored love they need to follow it. i hope i addressd that portion and don't know if you have follow up for me on that >> that is helpful. i would like you should thought on the last sentence and lieutenant the last sentence says that the failure whether that includes a good faith effort to a good faith attempt to obey but filature to do so. >> the word failure that we are do you want to strike the word

failure and move with refusal? or. >> yea. i money this is a question to me, yea that would address the potential concern i'm raise figure we put failure and left refusal. >> you i'm happy top hear i missed something. i'm hearing including the word failure not giving the member the tune to comply or not comply. seems like failure is an automatic without you being begin the opportunity to choose to not respond? is this what i'm hearing >> or you will the other standards expressed like willful neglect they conoat a decision like an actual choice on the part of the person they decided not to comply or failure with no modifier make its seem like you tried comply but failed no intent to insubordinate you

failed to carry through that was why i asked. >> yea. i understand your point and your question and it is good the intent was failure intentionally failing on obey lawful should. not meant to imply infer if you don't complete the task you are insubboard nay or fail to investigate. it is i think it fall in willful. a willful act you are required do something and you didn't do temperature >> that was intent in terms of insubboardination. neglect of duty you did a poor job or those things. this was tinldzed be willful.

>> refusal can be tested as limp i will not say, no , i will not do it. being be passive but -- that would intend. in10ingal and not i try exclude done complete it think for insubordination. willful neglect or flouting authority the other delineate refusal is another. it means different than the other standards that are set out. failure in starting with refusal. y continuing makes sense when read you failed to obey the lawful order or refused. has to be read as a whole not

like i could not you know climb do 20 pushups in the minute they directed me to do it. like that it is a different situation.

question about your comment. i don't what work that second sentence is dog. the first, sentence defines if refusal. willful neglect. and that second sentence failure of refusal feels repetitive of the first one. i don't think we need that seck sentence if is confusing because like vice president carter said is lays out different stoornsd not over lapping and speaks to insubboardation twice when it is

defined in the first, sentence of deleting that sentence and having insubordination defined with the first sentence which is fully prittive to me. you think that would also make sense to me. but. nawould work. we spoke to that and can strike the last line >> okay. great yoochlt and last one this is a small one. i don't know if change needs to be made on page 10 number 33, this is about providing notice to our supervisor when you file a lawsuit for damages sustained in the scope of police duties. it requires providing a detailed description of the s. surrounding the incident. and i guess i would just the

only thing that stuck out to me with this is that -- making sure we would not ask someone to disclose more information than already public in there complaint. when machine files a let you they include less instead of more information and the initial complaint and leave out information. i guess i did not want the requirement of detailed. the word detail? or may be like make sure it is

not requiring them to disclose nonpublic informing. it is burglar to the commanding receive. not going to be not guilty public. >> >> ask what is the low i didn't mate need for nonpublic informing not disclosed the department knows if there is a let you they notify the city attorney to defend there is liability or risk to the department that they need to be made aware of. your argument could be if i file a lawsuit and open my mouthing that it is on me. i think that this situation is such that it is not going to be -- distributed to the public. but internal memo to the superior. you don't my point is would the

public complaint accomplish all those thing you said prosecute voidingly notice to the city of potential liable. >> as an employee you want to know if your employee is filing a suit that exposes you to something. i agree. not saying get rid it do we need compel people to provide information beyond in the public facing complaint yoochlt that is too lawyer low for this. >> okay. i did preface had the potatose. you burned us with the other edits. >> okay. laugh love i give up >> will a quick thing reference to the first chink we made about the or impairment can we site in that section the dgo it is defined it as well as added to the end. we know how you love this add it

to the ending the reference section. >> yea >> 2.24 to and 3. that was the brilliant lead. our attorney. all right. director hop consistency. i wanted to say the people from dpa were jonnel and diana shout out to them it was collaborate rigz with sfpd to get had one in the shape wanted shout out for the hard work. thank you. >> thank you. commissioner benedicto are you going to kill us with lawyerly? notice. i wanted add thank yous and in addition to the people that were thanked the second time this come up pulled left machine before important changes spotted boy department city attorney and the changes work through with director at sfpd i want to thank

those individuals hope to identify the last million language changes improve third degree version of the dgo and yea. il make the motion, on make the motion to adopt the general order for use in meeting with burglar units with the following changes on page 46 the sentence read under no s off duty member under the influence of or impaired by any intoks kath substance.

second. i. to thank you commissioner benedicto i know this you worked irrelevant heard with the stele attorney on this. depilot the vice president's to ruin your work project. i get the quick -- commandser lieutenant this it is a major change from the prior i want to thank them as well. more members that would like to comment regarding item 9 approach the podium. there is no public comment. on the motion commissioner walker? >> yes. >> commissioner benedicto. >> yes >> commissioner byrne.

>> yes. >> commissioner yee >> yes >> vice president overstone >> yes. >> president elias. >> 10, adjournment.

you're watching san francisco rising with chris manners. special guest is david chu. hi i'm chris manners and you're watching san francisco rising the show that's about restarting rebuilding and re imagining our city. i guess today is david chiu, the city attorney for the city and county of san francisco

, and he's here today to talk to us about the opioid crisis, reproductive rights and the non citizen voting program. mr chu, welcome to the show. thanks for having me on happy to talk about whatever you want me to talk about, so can we start by explaining the difference between the city attorney's office and the district attorney's office? i think it could be slightly confused. that is a very common fusion with members of the public so um, if you get arrested in san francisco by the san francisco police department, all criminal matters are dealt with by the san francisco district attorney . we handle all civil matters on behalf of the city and county of san francisco. what that means is a number of things. we provide advice and counsel to all actors within city government from our mayor. every member of the board of supervisors to the 100 plus departments, commissions boards that represent the city and county of san francisco. we also defend the city against thousands of lawsuits. so if you slip and fall in front of city

hall if there's a bus accident if there is an incident involving the san francisco police department, we defend those matters. we also bring lawsuits on behalf of the city and county of san francisco, where most famous for litigating and obtaining the constitutional right to marry for lgbtq couples have sued gun manufacturers, payday lenders, oil companies, you name it, who are undercutting the rights of san franciscans and the city and county of san francisco. so now moving on to the opioid crisis. i understand you've had some success in court, um, dealing with manufacturers, distributors and pharmacies. could you elaborate a little bit on that for us, so the opioid industry and by that i refer to the legal industry that prescribes pain pills. um over years. uh, deceived americans and resulted in literally thousands upon

thousands of deaths and tragedies that we see on our streets every day when it comes to the addictions that folks are experiencing. many of the addictions really stemmed from what happened over a decade plus period where the prescription pain industry marketed prescription pills in ways that were false. we were one of thousands of jurisdictions around america that brought a lawsuit against the opioid industry. but we've had a particular set of successes that others have not. ah we initially brought a lawsuit a few years ago against every part of the opioid supply chain, and that included manufacturers, distributors and retailers, including pharmacies over the course of four plus years. a number of these corporate defendants settled with us. we've as of this moment brought in over $120 million of cash and services. to the city to help address the root causes of what we're talking about. but a few

months ago, we had a really historic verdict against the pharmacy, walgreens and their role walgreens was responsible for literally over 100 million pills, flooding the streets of san francisco over a period of years where they flouted federal law that require them to track where they're pills were going to. they had a what? what we refer to as a phil phil phil. pharmacy culture where folks would bring in their prescriptions, and the pharmacist would just fill them without checking why someone was coming in multiple times without checking why certain doctors were seen a 100 fold increase in the number of opioid prescriptions that they were prescribing. so we had a historic judgment against walgreens recently, but it's been a very intense lawsuit. and we know that will never bring back the lives that we have lost to opioid addictions. but it's critical for us that we get the resources that we need. maybe one other thing i'll mention

because it's often confusion. a large percentage of folks who are addicted to street level drugs say heroin or fentanyl started their addictions. with painkillers, opioid medications that were prescribed through doctors provided through pharmacies and so literally the suffering that we're seeing on our streets was caused by the opioid industry over many, many years and has created the significant crisis that we are dealing with right now. right right now moving on. i understand after the recent supreme court ruling, striking down robust as wade that you've put together an organization that's designed to help mm. provide free services to people who are both. seeking abortions and providing them can you tell us about the organization? sure so, um, before the dobbs decision came down, but after we learned about the leak from the supreme court about the draft that suggested the decision would be as bad as it has turned out to be, um, i reached out to

leadership from the bar association of san francisco because we knew that if that decision came down there would be tens of thousands of patients around the country as well as providers whose legal situation would be in jeopardy. women doctors, nurses who could be subjected to lawsuits who could be arrested who could be prosecuted, particularly in red states? 26 states where rights are being rolled back or in the process or have already been rolled back because of the dobbs decision. so we put out a call to lawyers all over the bay and frankly, all over the country, and as of this moment there have been over 70 law firms that have answered our call to be part of the legal alliance for reproductive rights who have committed to reviewing cases and providing pro bono assistance to patients and providers who are at legal risk. we also are looking at potential cases that these lawyers can bring against various states. in these areas

that are looking to deprive women and patients and providers of their of their rights. um it is a very dark time in america, and i'm really proud that that barrier attorneys, the legal community care have stepped up to answer the call. it's very important that's great. so now the non citizen voting program that was passed by voters just for school boards has faced them court challenges recently, but it was in place for the most recent election that we've had. how do you see that situation panning out? in fact, it's been in place for now. five school board elections. um so a little bit of background in our san francisco schools over one out of three kids. has a parent who is a non citizen who doesn't have a say in the election of the policy makers that dictate the future of our san francisco public schools, and so over a number of years, there has been a movement to allow immigrant parents to vote in school board elections. few things i'll

mention about that is our country has a very long history when it comes to allowing immigrants to vote. from 17 76 for 100 and 50 years until after world war. one immigrants were allowed to vote in most states in our country on the theory that we want to assimilate immigrants in american democratic values and institutions, and it wasn't until an anti immigrant backlash in world war one that that sort of ended. but in recent years, um cities across america have allowed this to happen. in fact, at this moment, believe there are over a dozen cities that have voted to allow non citizens to vote in a number of context. now, this is particularly important in our schools just given how challenge our schools are, and given that we know that when we engage more parents in her school system, regardless of their citizenship it helps to lift up our schools for all parents. and so in 2016 the voters of san francisco past about measure that allowed this

to happen. unfortunately earlier this year, there were conservative organizations that came to san francisco to bring a lawsuit to try to overturn this , and i should also mention it is obviously the perspective of our office and our city that this is constitutional. nothing in the constitution prohibits non citizens from voting. and in fact, there's an explicit provision in the constitution that allows chartered cities like san francisco when it comes to school board elections to be able to dictate the time and manner of those elections. and so, uh, we are involved in litigation on this issue. there was an initial ruling that was not good for us that essentially said at the trial court level. we shouldn't allow this. um we appealed it up to the appellate level. the appellate court made an initial decision to allow this past november election to proceed as it has for the last previous four elections. we're going to be in front of that court soon. stay tuned. we'll

see what happens. it was good to hear that the city was able to reach a settlement with the center for medicare and medicaid services are meant laguna honda could still operate. how did you manage to reach that agreement? it was not an easy conversation . just a little bit of background. so laguna honda has been an incredibly important institution in san francisco for 150 years, taking care of our most vulnerable patients are frail, very elderly patients, many of whom are at end of life. and a few years ago, there were some issues in that hospital. some violations of rules that we very much want to make sure don't get violated. there were folks that weren't using proper ppe, who are bringing cigarette lighters into the facility, who might have brought some contraband into the facilities. we have zero tolerance for that and have made that very clear. we self reported some of these violations to the federal authorities. and unfortunately from our perspective, they took the very disproportionate step of ordering the closure. the permanent closure of lugano,

honda. problematic on a number of reasons. first and foremost, there are just no skilled nursing facility beds not just in california but around the country. after their order came down. we literally were putting 1000 calls a day to skilled nursing facilities around california and around the country and could find nowhere to move the 700 patients that we had had in the gonna honda but just as disturbingly as we were forced to start moving some of these patients, a number of them died. there's a concept in medicine known as transfer trauma. when you move someone who is that frail and unfortunately, folks folks died and we were at a point where we were five weeks away from the deadline for the federal government. that they had provided to us to close the facility. so uh and we have been trying for months to get the federal government to reconsider their action, so i was compelled to bring a lawsuit on behalf of the city and county of san francisco and very pleased and

appreciate that we were able to come to a settlement whereby transfers will be delayed at least until next year. we're going to have at least a year of funding. to keep the facility open, and hopefully we can get back up on our feet and ensure that no future violations occur because this is an institution that has to stay open for the good of these patients. quite right, quite right. so finally, congratulations on winning an important public power service dispute with pg and e. um why is it important that the city's rights as a local power provider maintained well, so san francisco has been a local power provider for decades. we are fortunate to have access through our hedge hetchy hydroelectric system to provide electricity to a number of providers, particularly public recipients of that. and unfortunately, pg any has used its monopoly when it comes to private electricity to try to stop that, and to block that, and from our

perspective, they violated federal law in adding literally tens of millions of dollars of expenses to san francisco and institutions that we're trying to ensure um, public power infrastructure. put years of delays on our ability to do this, and so we had to bring a number of appeals in the federal commission. ah we were successful in those appeals, and there was a decision recently that basically held the pg and e could not use its monopoly to unfairly delay or add tens of millions of dollars of cost. to the city and county of san francisco, as we are trying to move forward with our vision of public power. clearly pgd has not been able to serve not just san francisco but northern california. well we all know that with the wildfires with its bankruptcies, with all the issues that they've had, we think there is a different model to move forward on and we are grateful to the court. and providing a ruling that allows us to move forward. well thank

you so much for coming on the show. i really appreciate the time you've given us here today. i appreciate and thanks for your thanks for your questions. thank you. well that's it. for this episode, we'll be back with another one shortly for sf gov t v. i'm chris manners. thanks for watching. yeah.