§ 5.25

(a) The City hereby establishes the San Francisco Sentencing Commission (“Commission”).

(b) The purpose of the Commission is to encourage the development of criminal sentencing strategies that reduce recidivism, prioritize public safety and victim protection, emphasize fairness, employ evidence-based best practices, and efficiently utilize San Francisco’s criminal justice

resources.

(Added as Sec. 5.250 by Ord. 10-12, File No. 111050, App. 2/2/2012, Eff. 3/3/2012; redesignated and amended by Ord. 5-18, File No. 171106, App. 1/19/2018, Eff. 2/19/2018, Retro. 12/31/2017)

(a) Members. The Commission shall consist of 12 members, or 13 members if the Superior Court agrees to provide one member. The head or chair of each of the following agencies and bodies shall serve on or will assign one staff member to serve on the Commission as a voting member: District Attorney; Public Defender; Adult Probation; Juvenile Probation; Sheriff; Police; the Department of Public Health; and the Reentry Council. If the Superior Court, agrees to participate on the Commission, its head, chair, or assigned staff member may elect to participate as a voting member or nonvoting member. In addition, the following additional voting public members will be appointed: a member of a nonprofit organization that works with victims, chosen by the Family Violence Council (Article XIX of this Chapter 5); a member of a nonprofit organization that works with ex-offenders, chosen by the Reentry Council (Article I of this Chapter 5); a sentencing expert chosen by the Board of Supervisors; and an academic researcher with expertise in data analysis appointed by the Mayor.

(b) Quorum. Ten voting members of the Commission shall constitute a quorum, and the Commission shall have the authority to act on the vote of a majority of the quorum.

(c) Officers. The District Attorney or the staff member of the District Attorney serving on the Commission shall chair the Commission.

(d) Staff Support. The District Attorney’s Office shall provide staff support and administrative assistance to the Commission.

(e) Meeting Frequency. The Commission shall meet at least three times a year.

(f) The members of the Commission chosen by the Family Violence Council, the Reentry Council, the Board of Supervisors, and the Mayor (collectively the “public members” of the Commission) shall serve at the pleasure of the appointing authority and can be removed at any time, with or without cause.

(g) Any public member who fails to attend at least half of the meetings in any fiscal year, without the express approval of the Commission at or before each missed meeting, shall be deemed to have resigned from the Commission 10 days after the next regular meeting following the last unapproved absence, and the Commission shall inform the appointing authority of the resignation.

(Added as Sec. 5.250-1 by Ord. 10-12, File No. 111050, App. 2/2/2012, Eff. 3/3/2012; amended by Ord. 87-15, File No. 150332, App. 6/18/2015, Eff. 7/18/2015; redesignated and amended by Ord. 5-18, File No. 171106, App. 1/19/2018, Eff. 2/19/2018, Retro. 12/31/2017)

The Commission shall have the following powers and duties:

(a) Review and assess sentencing approaches locally and compare to other jurisdictions.

(b) Review and assess the City’s capacity and utilization of services and alternatives to incarceration throughout the criminal justice continuum, including pre-adjudication and post-release.

(c) Review and assess the Justice Reinvestment Initiative recommendations to invest in best practices to reduce recidivism.

(d) Develop a recommended system of uniform definitions of recidivism for City departments to track and report on the outcomes of various criminal sentences and City programs meant to aid in reducing recidivism.

(e) Develop data collection standards and recidivism reporting standards.

(f) Develop and recommend department-specific goals to reduce recidivism for the City departments represented on the Sentencing Commission, and other relevant City departments.

(g) Make recommendations regarding changes that should be made to the Penal Code and any other state laws to remove barriers to effective implementation of best practices in criminal justice.

(h) Facilitate trainings on best practices in sentencing for various criminal justice agencies.

(i) Share information and work in collaboration with the Reentry Council, established pursuant to Administrative Code Sections 5.1-1 et seq., and the Community Corrections Partnership, as established by the California Penal Code.

(j) In December 2012, and on an annual basis thereafter, submit a report to the Mayor and the Board of Supervisors summarizing the findings of the Commission and making recommendations on the aforementioned categories.

Provided, however, that nothing in this Article XXV shall infringe on any agency’s legally mandated responsibilities in the criminal justice system, and, as such, recommendations are not statutorily binding on any City department.

(Added as Sec. 5.250-2 by Ord. 10-12, File No. 111050, App. 2/2/2012, Eff. 3/3/2012; amended by Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014; Ord. 87-15, File No. 150332, App. 6/18/2015, Eff. 7/18/2015; redesignated and amended by Ord. 5-18, File No. 171106, App. 1/19/2018, Eff. 2/19/2018, Retro. 12/31/2017)

(a) For purposes of this Section 5.25-4, the following definitions apply:

“County Jail 1” means the Intake and Release Center located at 425 7th Street, in San Francisco.

“County Jail 2” means the jail located at 425 7th Street in San Francisco.

“County Jail 4” means the jail located on the 7th floor of the Hall of Justice at 850 Bryant Street in San Francisco.

“County Jail 5” means the jail located at 1 Moreland Drive in San Bruno.

(b) The Commission shall establish the Safety and Justice Challenge Subcommittee (“Subcommittee”).

(c) The following Commission members or their designee shall serve on the Subcommittee: District Attorney, Sheriff, Public Defender, Adult Probation, the Department of Public Health, Reentry Council, the member of a nonprofit organization that works with victims, chosen by the Family Violence Council (Article XIX of this Chapter 5), the member of a nonprofit organization that works with ex-offenders, chosen by the Reentry Council (Article I of this Chapter 5), and the Superior Court if it elects to participate on the Commission and the Subcommittee. The Subcommittee also shall invite a representative of each of these entities to attend all Subcommittee meetings.

(d) To facilitate the closure of County Jail 4 as soon as possible, as mandated by Administrative Code Chapter 122, the Subcommittee shall, by October 1, 2020, develop measures and strategies to accomplish the goal of reducing and sustaining an average daily total jail population of no more than 1,044 incarcerated people combined in County Jails 2 and 5. Those measures and strategies shall address system inefficiencies and systemic racial and income disparities in the jail population, meet the needs of incarcerated persons with behavioral health and substance abuse issues, and include non-jail options for lower-risk individuals that prioritize public safety.

(e) In carrying out its duties, the Subcommittee may consult with the Capital Planning Committee, the Division of Real Estate, the Police Department, the Department of Public Health, a representative of the labor unions representing impacting workers at County Jail 4, and a representative from the contractor or agency responsible for provision of pretrial diversion services, as appropriate.

(f) In carrying out its duties, the Subcommittee shall consider the development of the following measures and strategies:

(1) Based on models like that in Washington DC, development of a public safety release mechanism in addition to the Public Safety Assessment tool, to conduct more thorough reviews (including interviews) of all denied releases, particularly at the 14-, 30-, and 60-day marks, by the contractor or agency responsible for the provision of pretrial diversion services, to expand the number of incarcerated persons eligible for pretrial release;

(2) Expansion of non-custodial supervision and support for those released, including referrals to community courts, collaborative courts, and diversion programs, excluding money bail;

(3) Evaluation of the use of electronic monitoring;

(4) Expansion of eligibility and capacity for programming, including milestone credits and work alternative programs;

(5) Evaluation and reduction of redundancies among agencies with regards to multiple court numbers for a single booking, hold and report to the court, for short-term stays;

(6) Participation and cooperation with the Superior Court’s plans to address lengthy court case processing and unnecessary continuances;

(7) Expedited and streamlined sentencing and sentencing-recommendation processes, utilizing reports that are not legally required only upon a specific, articulated need;

(8) Maximization of data-sharing among all criminal justice partners to facilitate a cohesive assessment of the jail population, using the Justice Tracking Information System (“JUSTIS”);

(9) Exploration of discontinuation of “safe-keeping” arrangements for federal arrestees;

(10) Expedited processes for providing and sharing police reports and rebooking packets with criminal justice partners;

(11) Increased transparency regarding the current jail classification system and the impact of those decisions on jail capacity to the extent permitted by law;

(12) Expedited and streamlined booking in County Jail 1;

(13) Release processes that maximize release from jail before noon to allow access to same-day essential services, and same-day transport to court-ordered placements with verified bed space;

(14) Examination of probation holds, search and seizure conditions, electronic monitoring violations, and other practices that may result in unnecessary detention and criminal records;

(15) Evaluation of the correlation between individuals who reoffend and behavioral health issues and exploration of policies shown to reduce recidivism among persons with behavioral health issues;

(16) Evaluation and recommendations to ensure that resources are in place for incarcerated people upon release that ensure stability and support and prevent recidivism, including: bridge housing with case management; models like Hummingbird Place with treatment beds and wrap-around supports, substance use treatment, and mental health supports; and employment services;

(17) Evaluation and development of targeted mental health diversion and coordination among all agencies to facilitate quick entry into behavioral health programs that ensure that persons otherwise eligible for release from jail are not held longer than necessary while waiting for treatment beds;

(18) Elimination of out-of-county custodial placements; and

(19) Consideration of the 2005 Board of Supervisors Resolution No. 545-05 endorsing the bill of rights established by the San Francisco Children of Incarcerated Parents Partnership.

(20) Formulation of a plan to prepare for an increase in the average daily population above 1,044 (90% capacity at County Jails 2 and 5), after the closure of County Jail 4.

(21) Measures to protect public health in the jails and protect against the spread of infectious diseases within jail facilities among incarcerated people and staff, including identifying incarcerated people and jail staff as priority populations for infectious disease testing moving forward, and developing policy recommendations for temporary housing facilities if the population exceeds a threshold determined by the Director of Jail Health to be safe in preventing the spread of infectious disease.

(g) In carrying out its duties, the Subcommittee shall not consider or develop:

(1) measures or strategies that add new jail beds beyond the current rated capacity of County Jails 2 and 5 through construction, renovation, or reopening of another facility to replace County Jail 4, with the exception of measures or strategies to rehabilitate an existing facility like County Jail 2;

or

(2) the transfer of incarcerated people to placements out of county.

(h) Subject to the fiscal, budgetary, and civil service provisions of the Charter, and to the extent consistent with open government laws, the Subcommittee shall, as needed, investigate criminal justice best practices by retaining subject matter experts.

(i) The Subcommittee shall prepare and submit to the Board of Supervisors two reports that describe the Subcommittee’s progress in fulfilling the duties set forth in this Section 5.25-4: a preliminary progress report due August 1, 2020, and a final progress report due October 1, 2020. Both reports shall include an assessment of progress made in reducing the daily total jail population to no more than 1,044 in County Jails 2 and 5 combined and sustaining the reduction, data on the average daily total jail population, the measures and strategies that have been implemented across all justice agencies to accomplish the goal of reducing the total jail population to no more than 1,044, and any outstanding tasks, challenges, or needs. Both reports also shall include an assessment of the impact of COVID-19 on the jail population, the ability to achieve social distancing to prevent spread of the virus within the jails, temporary facilities to house individuals to maintain social distancing recommended by the Health Officer, and policy recommendations to the Board of Supervisors and the Mayor to protect public health and prevent the spread of COVID-19. Both reports shall be accompanied by a proposed Board of Supervisors resolution accepting the report, and the Board may act by resolution to accept, reject, or modify the report. The Subcommittee also shall submit both reports to the Mayor, any City department or office responsible for a program identified in the report, and the City Administrator. The reports shall be available to the public, and the City Administrator shall post the reports on the City Administrator’s website.

epting the report, and the Board may act by resolution to accept, reject, or modify the report. The Subcommittee also shall submit both reports to the Mayor, any City department or office responsible for a program identified in the report, and the City Administrator. The reports shall be available to the public, and the City Administrator shall post the reports on the City Administrator’s website.

(j) In carrying out its duties, the Subcommittee shall receive prompt and full cooperation and assistance from all City departments, offices, officers, and employees. All components of City government shall promptly produce all records and information requested by the Subcommittee, unless prohibited from doing so by state or federal law.

(k) This Section 5.25-4 shall expire by operation of law, and the Subcommittee shall terminate, when the Sheriff certifies in writing that County Jail 4 is closed. After said certification, the City Attorney shall cause this Section 5.25-4 to be removed from the Administrative Code.

(l) Nothing in this Section 5.25-4 shall be interpreted to interfere with the duties of the District Attorney, Sheriff, or Adult Probation Chief, under State law.

(Added by Ord. 80-20, File No. 200372, App. 5/22/2020, Eff. 6/22/2020)

(Former Sec. 5.25-4 added as Sec. 5.250-3 by Ord. 10-12, File No. 111050, App. 2/2/2012, Eff. 3/3/2012; amended by Ord. 87-15, File No. 150332, App. 6/18/2015, Eff. 7/18/2015; redesignated and amended by Ord. 5-18, File No. 171106, App. 1/19/2018, Eff. 2/19/2018, Retro. 12/31/2017; redesignated as Sec. 5.25-5 by Ord. 80-20, File No. 200372, App. 5/22/2020, Eff. 6/22/2020)

Notwithstanding Rule 2.21 of the Board of Supervisors Rules of Order, which provides that advisory bodies created by the Board should sunset within three years, this Article XXV shall expire on June 30, 2026 unless the Board of Supervisors adopts an ordinance continuing its existence. In the event this Article expires, the City Attorney shall cause it to be removed from the Administrative Code. The Commission shall submit a report to the Board of Supervisors by January 1, 2026 recommending whether the Commission should continue to operate, and if so, whether the Board of Supervisors should consider legislative changes that would enhance the capacity of the Commission to achieve the goals underlying this Article. The Commission’s recommendations shall include drafts of ordinances that would implement its recommendations.

(Added as Sec. 5.250-3 by Ord. 10-12, File No. 111050, App. 2/2/2012, Eff. 3/3/2012; amended by Ord. 87-15, File No. 150332, App. 6/18/2015, Eff. 7/18/2015; redesignated as Sec. 5.25-4 and amended by Ord. 5-18, File No. 171106, App. 1/19/2018, Eff. 2/19/2018, Retro. 12/31/2017; redesignated by Ord. 80-20, File No. 200372, App. 5/22/2020, Eff. 6/22/2020; amended by Ord. 143- 23, File No. 230569, App. 7/26/2023, Eff. 8/26/2023, Retro. 6/30/2023)