San Francisco County Municipal Code Art. IV Reentry Council

The City hereby establishes a Reentry Council (“Council”) as an Advisory Body as defined in Section 5.1-1. Subject to the fiscal and budgetary provisions of the Charter, the Public Defender’s Office, the District Attorney’s Office, the Adult Probation Department, and the Mayor’s Office shall each designate staff to provide administrative support to the Council. (Added as Sec. 5.1-1 by Ord. 215-08, File No. 080564, App. 9/19/2008; Ord. 44-11, File No. 101480, App. 3/ 10/2011; amended and redesignated by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026) (Former Sec. 5.4-1 added by Ord. 85-02, File No. 012133, App. 6/7/2002; Ord. 127-07, File No. 070082, App. 5/31/2007; Ord. 287-08, File No. 081340, App. 12/5/2008; amended by Ord. 220-16, File No. 160964, App. 11/10/2016, Eff. 12/10/2016; expired 10/1/2020)

The purpose of the Council is to coordinate local efforts to support adults exiting San Francisco County Jail, San Francisco juvenile justice system out-of-home placements, the California Department of Corrections and Rehabilitation facilities, and the United States Federal Bureau of Prison facilities. The Council shall provide the Mayor, the Board of Supervisors, the public, and any other appropriate agency with accurate and comprehensive information about programs that serve this population, barriers faced by this population, best practices to meet the needs of this population, and funding sources for programs and practices that address the needs of this population. The Council shall coordinate information sharing, planning, and engagement among all interested private and public stakeholders to the extent permissible under Federal and State law. (Added as Sec. 5.1-2 by Ord. 215-08, File No. 080564, App. 9/19/2008; redesignated by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026) (Former Sec. 5-4.2 added by Ord. 85-02, File No. 012133, App. 6/7/2002; amended by Ord. 220-16, File No. 160964, App. 11/10/2016, Eff. 12/10/2016; Ord. 270-19, File No. 190949, App. 11/21/2019, Eff. 12/22/2019, Retro. 10/1/2019; expired 10/1/2020)

(a) Members. The Council shall consist of 25 members, as further described below. (1) Seven of the members shall be persons formerly incarcerated in the San Francisco County Jail, a California Department of Corrections and Rehabilitation adult facility, and/or a United States Bureau of Prisons facility. (2) The Mayor, or the Mayor’s designee, shall serve as a member of the Council, and the Mayor shall also appoint three of the seven members who are formerly incarcerated persons referenced in subsection (a)(1). Of these three members, at least one must be between the ages of 18 to 35, inclusive, at the time of appointment and have been a person incarcerated before the age of 24, and at least one shall have expertise in providing services to individuals exiting the criminal justice system. (3) The Board of Supervisors, or on the Board’s motion its designee referenced in subsection (a)(4), shall appoint as a member of the Council a representative of the entity or agency primarily responsible for administering pretrial services involving alternatives to incarceration in San Francisco. (4) The Board of Supervisors shall designate one of its members to serve as a member of the Council, and shall appoint the other four of the seven members who are formerly incarcerated persons referenced in subsection (a)(1). Of these four members, at least one shall have expertise in providing services to individuals exiting the criminal justice system, at least one must have been released from custody within three years of that member’s appointment, at least one must have served multiple terms of incarceration, and at least one must self-identify as a survivor of violence or crime.

(5) All members of the Council shall be exempt from the Charter requirement that they be residents of the City. (6) Mayoral and Board of Supervisors appointments to the Council shall expire 90 days following an appointee’s date of hire in any of the following City departments or agencies: the Public Defender’s Office, the District Attorney’s Office, the Sheriff’s Department, the Police Department, the Adult Probation Department, the Juvenile Probation Department, the Office of Economic and Workforce Development, the Human Services Agency, the Department of Children, Youth, and Their Families, the Department of Public Health, and the Department of Homelessness and Supportive Housing. (7) The following City departments or agencies shall appoint one member each to the Council: the Public Defender’s Office, the District Attorney’s Office, the Sheriff’s Department, the Police Department, the Adult Probation Department, the Juvenile Probation Department, the Office of Economic and Workforce Development, the Human Services Agency, the Department of Children, Youth, and Their Families, the Department of Public Health, and the Department of Homelessness and Supportive Housing. In addition, Council co- chairs shall invite the San Francisco Superior Court, the Department of Child Support Services, the California Department of Corrections and Rehabilitation Division of Adult Parole Operations, and the United States Probation and Pretrial Services System to appoint one member each to the Council. (8) Notwithstanding Section 5.1-4, members of the Council shall serve two-year terms and shall serve at the pleasure of the appointing authority. No individual shall serve more than six terms as a member of the Council. A part of a term that exceeds one year shall count as a full term; a part of a term that is one year or less shall not. Notwithstanding the preceding sentence, the current term of any person serving on the Council on January 1, 2027 shall count as a full term if the person serves more than one year of that term. Terms completed on or before December 31, 2026 shall not count as a term for the purpose of the lifetime term limit. (b) Quorum. Thirteen members of the Council shall constitute a quorum, and the Council shall have the authority to act on the vote of the majority of the quorum. (c) Officers. The four members appointed by the Adult Probation Department, the District Attorney’s Office, the Public Defender’s Office, and the Sheriff’s Department, respectively, as well as the Mayor or the Mayor’s designee, shall co-chair the Council. In addition, the seven members who are formerly incarcerated persons referenced in subsection (a)(1) shall select by majority vote one of the seven to serve as an additional co-chair of the Council. (d) Meeting Frequency. The Council shall meet in full at least three times per year. (Added as Sec. 5.1-3 by Ord. 215-08, File No. 080564, App. 9/19/2008; amended by Ord. 26-09, File No. 081511, App. 2/13/2009; Ord. 44-11, File No. 101480, App. 3/10/2011; Ord. 83-14, File No. 140141, App. 6/13/2014, Eff. 7/13/2014; Ord. 31-17, File No. 161348, App. 2/10/2017, Eff. 3/12/2017; Ord. 116-18, File No. 180081, App. 5/17/2018, Eff. 6/17/2018; Ord. 55-20, File No. 200085, App. 4/3/2020, Eff. 5/4/2020; Ord. 54-23, File No. 221245, App. 4/21/2023, Eff. 5/22/2023; amended and redesignated by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026) (Former Sec. 5.4-3 added by Ord. 220-16, File No. 160964, App. 11/10/2016, Eff. 12/10/2016; amended by Ord. 270-19, File No. 190949, App. 11/21/2019, Eff. 12/22/2019, Retro. 10/1/2019; expired 10/1/2020)

The Council shall have the following powers and duties: (a) Identifying Funding Streams. The Council shall identify funding at the local, State, and Federal level that is earmarked or available for services or programs designed to serve individuals exiting the criminal justice system. In addition, the Council shall identify conditions, restrictions, or limitations on each funding stream, and shall document these findings in its reports to the Mayor, the Board of Supervisors, and other appropriate entities consistent with subsection (e) below. (b) Identifying Programs Serving Individuals Exiting the Criminal Justice System. The Council shall identify programs serving individuals exiting the criminal justice system who reside in San Francisco or who will be released to San Francisco, including program capacity. (c) Identifying Needs of Reentry Population. The Council shall identify any unmet needs of this population, and propose ways to meet those needs based on existing research and best practices. (d) Identifying Barriers. The Council shall also identify barriers to safe and successful reentry presented by local, State, and Federal law, and propose ways to reduce the impact of these barriers. (e) The Council shall share information and work in collaboration with the San Francisco Community Corrections Council, as established by the California Community Corrections Performance Incentives Act of 2009 (California Penal Code Sections 1228- 1233.8). (f) Retaliation Prohibited. No City officer or employee may retaliate against other City staff or the staff of programs identified by the Council for cooperating with the Council or for participating in any activity involving the Council. This section is not intended to create a private right of action against the City and County of San Francisco. (g) The Council shall share information and work in collaboration with the San Francisco Juvenile Justice Coordinating Council, as required by the Juvenile Crime Enforcement and Accountability Challenge Grant Program (California Welfare and Institutions Code Sections 749.2-749.27). (h) The Council shall share information and work in collaboration with the San Francisco Sentencing Commission.

(Added as Sec. 5.1-4 by Ord. 215-08, File No. 080564, App. 9/19/2008; amended by Ord. 44-11, File No. 101480, App. 3/10/2011; Ord. 83-14, File No. 140141, App. 6/13/2014, Eff. 7/13/2014; Ord. 84-14, File No. 140260, App. 6/13/2014, Eff. 7/13/2014; Ord. 276-18, File No. 180913, App. 11/20/2018, Eff. 12/21/2018; Ord. 269-19, File No. 190499, App. 11/21/2019, Eff. 12/22/2019; Ord. 6-24, File No. 231081, App. 1/19/2024, Eff. 2/19/2024; amended and redesignated by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

Unless the Board of Supervisors by ordinance extends the term of the Council, Sections 5.4-1 through this Section 5.4-5 will expire by operation of law, and the Council shall sunset, on June 1, 2029. In that event and after that date, the City Attorney shall cause these sections to be removed from the Administrative Code. The Council shall submit a report to the Board of Supervisors by August 15, 2028 recommending whether the Council should continue to operate, and if so, whether the Board of Supervisors should consider legislative changes that would enhance the capacity of the Council to achieve its goals. (Added as Sec. 5.1-6 by Ord. 215-08, File No. 080564, App. 9/19/2008; amended by Ord. 44-11, File No. 101480, App. 3/10/2011; Ord. 83-14, File No. 140141, App. 6/13/2014, Eff. 7/13/2014; Ord. 31-17, File No. 161348, App. 2/10/2017, Eff. 3/12/2017; Ord. 276-18, File No. 180913, App. 11/20/2018, Eff. 12/21/2018; Ord. 6-24, File No. 231081, App. 1/19/2024, Eff. 2/19/2024; amended and redesignated by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)