San Francisco County Municipal Code Ch. 96D Presentation of Youth Cases

Sec. 96D.1. Background and Findings. Sec. 96D.2. The District Attorney’s Right of First Refusal. Sec. 96D.3. Undertaking for the General Welfare. Sec. 96D.4. Severability.

Editor’s Note: Chapter 96E (“Domestic Violence Data Reporting”) was enacted in Ord. 213-21 and Ord. 28-22 as Chapter 96D, but it has been redesignated as Chapter 96E to avoid duplication with this chapter.

(a) As a result of multiple scientific studies on the neurological development of children and young adults, and a shift in public opinion, the Legislature has, over recent years, approved several pieces of legislation, signed into law, that have significantly altered the juvenile justice system in California. The central focus is now rehabilitation and the best interest of the youth. For example, Senate Bill 823 (2020) stated: “It is the intent of the Legislature and the administration for counties to use evidence-based and promising practices and programs that improve the outcomes of youth and public safety, reduce the transfer of youth into the adult criminal justice system, ensure that dispositions are in the least restrictive appropriate environment, reduce and then eliminate racial and ethnic disparities, and reduce the use of confinement in the juvenile justice system by utilizing community-based responses and interventions.” (b) Further, Senate Bill 395 (2017) stated: “Developmental and neurological science concludes that the process of cognitive brain development continues into adulthood, and that the human brain undergoes “dynamic changes throughout adolescence and well into young adulthood” 1 (see Richard J. Bonnie, et al., Reforming Juvenile Justice: A Developmental Approach, National Research Council (2013), page 96, and Chapter 4). As recognized by the United States Supreme Court, children “‘generally are less mature and responsible than adults’” (J.D.B. v. North Carolina (2011) 131 S.Ct. 2394, 2397, quoting Eddings v. Oklahoma (1982) 455 U.S. 104, 115); “they ‘often lack the experience, perspective, and judgment to recognize and avoid choices that could be detrimental to them’” (J.D.B., 131 S.Ct. at 2397, quoting Bellotti v. Baird (1979) 443 U.S. 622, 635); “they ‘are more vulnerable or susceptible to… outside pressures’ than adults” (J.D.B., 131 S.Ct. at 2397, quoting Roper v. Simmons (2005) 543 U.S. 551, 569); they “have limited understandings of the criminal justice system and the roles of the institutional actors within it” (Graham v. Florida (2010) 560 U.S. 48, 78); and “children characteristically lack the capacity to exercise mature judgment and possess only an incomplete ability to understand the world around them” (J.D.B., 131 S.Ct. at 2397).” (c) As a result of the above legislation, and pursuant to section 202 of the California Welfare and Institutions Code, juvenile courts and other public agencies charged with enforcing, interpreting, and administering the juvenile court law shall consider the safety and protection of the public, the importance of redressing injuries to victims, and the best interests of the minors in all deliberations. Minors under the jurisdiction of the juvenile court shall receive care, treatment, and guidance consistent with their best interests and the best interests of the public. Further, all punishment must be consistent with a rehabilitative objective. (d) The people of the City and County of San Francisco every four years elect a district attorney, who has the duty to prosecute those who commit crimes and do harm to people and property in San Francisco. Through this democratic process, the district attorney is

selected, based not only on candidates’ respective legal credentials but also on their respective values and visions for the criminal justice system, including the juvenile justice system. This ordinance intends to validate the sovereignty of San Francisco voters in their selection of the district attorney and to ensure that, barring preemption by state or federal law, the district attorney (including deputies acting on behalf of the district attorney) is the only one who should make the decision of where and when to prosecute juveniles who have committed crimes in San Francisco. (Added by Ord. 154-21, File No. 210494, App. 10/8/2021, Eff. 11/8/2021) CODIFICATION NOTE

1. So in Ord. 154-21.

The Police Department (“SFPD”) shall first present to the San Francisco District Attorney (“DA”) or DA’s designee all juvenile delinquency cases where: (1) all the alleged criminal acts occurred within the City and County of San Francisco; (2) the San Francisco Police Department (“SFPD”) is the lead or sole investigative agency; and (3) California Welfare and Institutions Code Section 651 permits commencing proceedings in juvenile delinquency court in San Francisco Superior Court or another county. The DA or DA’s designee may weigh the safety and protection of the public, the importance of redressing to victims, and the best interests of the minor; and may decide whether to file a petition in the San Francisco Superior Court. If the DA or DA’s designee declines to file in the San Francisco Superior Court, SFPD may present the case to a district attorney in another jurisdiction consistent with California Welfare and Institutions Code section 651. Notwithstanding the foregoing, nothing in Chapter 96D shall preclude SFPD from collaborating or providing information to other law enforcement agencies. (Added by Ord. 154-21, File No. 210494, App. 10/8/2021, Eff. 11/8/2021)

In enacting and implementing this Chapter 96D, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 154-21, File No. 210494, App. 10/8/2021, Eff. 11/8/2021)

If any section, subsection, sentence, clause, phrase, or word of this Chapter 96D, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. (Added by Ord. 154-21, File No. 210494, App. 10/8/2021, Eff. 11/8/2021) CHAPTER 96E [DOMESTIC VIOLENCE DATA REPORTING]*

Sec. 96E.1. Definitions. Sec. 96E.2. Quarterly Domestic Violence Data Reporting. Sec. 96E.3. Undertaking for the General Welfare. Sec. 96E.4. No Conflict with Federal or State Law. Sec. 96E.5. Severability.

*Editor’s Notes:

This chapter was enacted as Chapter 96D, but to avoid duplication with Chapter 96D (“Presentation of Youth Cases”), it has been redesignated as Chapter 96E, and its component sections and internal cross-references have been renumbered with 96E accordingly. Ordinance 213-21 and Ordinance 28-22, establishing Chapter 96E, did not provide a chapter name. The current chapter name was added by the editor as a placeholder and is not official.

For purposes of this Chapter 96E: “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. “Domestic Violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. “Domestic Violence Cases” are cases presented or charged consistent with the definition of Domestic Violence set forth above, including cases charged under Penal Code sections 273.5 and 243(e)(1), cases that the San Francisco Police Department’s Special Victims Unit presents to the San Francisco District Attorney (“District Attorney”), and cases that the District Attorney refers to its internal domestic violence unit. “Personal Identifying Information” means any information that can, on its own or in combination with other information, be used to contact, track, locate, identify, or reasonably infer the identity of, a specific individual. (Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)

(a) On a quarterly basis (the first Tuesday in February, May, August, and November), the Police Department and the District Attorney shall each transmit a written report to the Board of Supervisors, the Mayor, the Office of Racial Equity, the Human Rights Commission, the Department on the Status of Women, and the Police Commission. The Police Department and District Attorney shall each post their report on their respective department website. The reports shall contain the following information: (1) The Police Department shall report: (A) The number of calls for service for Domestic Violence that the Police Department received from the Department of Emergency Management in the prior quarter (quarters commencing January 1, April 1, July 1, and October 1); and (B) The number of Domestic Violence Cases that the Police Department presented to the District Attorney for investigation and/or prosecution in the prior quarter, and of those cases, the number in which a child or children were present and/or a firearm or firearms were present. (2) The District Attorney shall report: (A) The number of Domestic Violence Cases that the District Attorney charged in the prior quarter, broken down by cases alleging violations of Penal Code Section 273.5, cases alleging violations of Penal Code Section 243(e)(1), cases presented by the Police Department’s Special Victims Unit to the District Attorney, cases that the District Attorney has referred to its internal domestic violence unit, and all other Domestic Violence Cases, and what charges were filed in those cases; and (B) The number of Domestic Violence Cases resolved in the prior quarter, broken down by cases alleging violations of Penal Code Section 273.5, cases alleging violations of Penal Code Section 243(e)(1), cases presented by the Police Department’s Special Victims Unit to the District Attorney, cases that the District Attorney has referred to its internal domestic violence unit, and all other Domestic Violence Cases, and the outcome of those cases, including disposition by dismissal, diversion, acquittal, conviction, release to another court or agency, or other means. (C) The number of crime victims to whom, in the prior quarter, the District Attorney has provided or made documented efforts to provide victim services, including but not limited to assistance applying for civil protective orders, crisis support services and counseling, guidance in navigating the criminal justice system, referrals to local resources and services, and support at court hearings. (b) In addition to the reports required by subsection (a), above, the Police Department and the District Attorney shall report the same information for the period September 1, 2019 to September 1, 2021 to the Board of Supervisors, the Mayor, the Office of Racial Equity, the Human Rights Commission, the Department on the Status of Women, and the Police Commission, and shall each post their reports on their respective department website, no later than December 31, 2021. (c) The reports shall not include Personal Identifying Information. (d) The reporting obligations under this Section 96E.2 are in addition to, and do not supplant, any reporting obligations under

Administrative Code Chapter 96A. (e) This Section 96E.2 shall not be interpreted to require the Police Department or the District Attorney to collect data but instead requires only that the Police Department and District Attorney report available data. (f) In any report required under subsection (a) or (b) above, the District Attorney may, in its discretion, and to the extent consistent with applicable law, provide supplemental information regarding the Domestic Violence Cases and victim services reported. Any such supplemental information shall not include Personal Identifying Information. (Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)

In enacting and implementing this Chapter 96E, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)

(a) Nothing in this Chapter 96E shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (b) No provision of this Chapter 96E is intended to abrogate or interfere with the constitutional and statutory power and duties of the District Attorney as interpreted under Government Code Section 25303, or other applicable State law or judicial decision. (Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)

If any section, subsection, sentence, clause, phrase, or word of this Chapter 96E, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. (Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)