COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager’s Office

DATE:

January 3, 2005

BOARD MEETING DATE:

January 11, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

John L. Maltbie, County Manager

SUBJECT:

DNA Fingerprint, Unresolved Crime and Innocence Protection Act (Proposition 69)

RECOMMENDATION:

Adopt a Resolution:

1) authorizing and directing the County Controller to establish in the County Treasury an interest bearing “DNA Identification Fund “ pursuant to Government Code § 76104.6; and

2) providing that following transfer of the funds to the State as required by law, the remainder of the funds shall be used to support the Sheriff’s forensic laboratory, consistent with the objectives and requirements set forth in Government Code § 76104.6.

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all.

Goal 7: Maintain and enhance the public safety of all residents and visitors.

The establishment of the DNA Identification Fund contributes to this commitment by providing a mechanism for depositing criminal penalties, accruing interest thereon, and transferring penalties plus accrued interest to State and local law enforcement agencies to provide assistance in prosecuting crime through the expanded use of DNA collection, analysis and data sharing.

BACKGROUND:

The passage of Proposition 69 by the California voters on November 2, 2004 created the DNA Fingerprint, Unresolved Crime and Innocence Protection Act (“the Act”). As the name implies, the purpose of the Act is to enhance the ability of law enforcement officials in collecting, processing, analyzing, tracking and storing DNA crime scene samples for use in solving future crimes, reducing the backlog of unresolved crimes and ensuring that people are not wrongfully accused. The Act expands California law enforcement’s right to collect DNA samples and store genetic information in the California DNA and Identification Database.

DISCUSSION:

To provide funding, the Act adds G.C. § 76104.6, which levies an additional penalty of one dollar for every ten dollars ($10) or fraction thereof upon every fine, penalty, or forfeiture imposed by the Court for criminal offenses and requires that the Board of Supervisors establish an interest bearing DNA Identification Fund for the purpose of depositing and distributing the amounts collected.

In the first two calendar years (2005 and 2006) that the Act takes effect, 70% of the additional penalties collected plus accrued interest thereon will be transferred to the State on a quarterly basis and 30% will remain with the County. In the third year (2007) the County’s portion is increased to 50%, and beginning in the fourth year (2008) and every year thereafter, the County’s portion will be 75%. Funds retained by the County may be used by the Sheriff to help defray the cost of operating the forensic lab, specifically the cost of collecting, processing, analyzing, tracking and storing DNA crime scene samples. Proceeds from the penalties may continue through the 20^th year (2024) or longer if necessary to make payments upon any lease or leaseback arrangements used to finance any of the projects specified by the Act.

County Counsel has reviewed the Resolution.

FISCAL IMPACT:

There is no cost to the County in establishing the Fund.