COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

DATE:

January 9, 2007

BOARD MEETING DATE:

February 6, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Four-Fifths

 

TO:

Honorable Board of Supervisors

FROM:

Supervisor Mark Church

Sheriff Greg Munks

SUBJECT:

SPECIAL REPORT: Firearms Domestic Violence Education and Intervention Project in San Mateo County

 

RECOMMENDATIONS

A) Adopt a resolution authorizing the Sheriff to execute an Agreement with the California Department of Justice for San Mateo County to participate in the Firearms Domestic Violence Education & Prevention Project for the term of February 6, 2007 to February 5, 2009, in the amount of $380,000

B) Introduce an ordinance amending the County Salary Ordinance to add two Deputy Sheriff positions who will be assigned to the Firearms Domestic Violence Education and Intervention Project

C) Approve an Appropriation Transfer Request in the amount of $161,860, representing the required County match first five months of the program which fall into fiscal year 2006-07

 

VISION ALIGNMENT

This grant-funded program aligns with Vision 2010 Commitment Nos. 6 and 7, related to maintenance of public safety and ensuring that children grow up in safe homes and neighborhoods. This program also aligns to Commitment No. 22, inasmuch as this will be a collaborative approach which will involve participation by City police departments.

PERFORMANCE & DATA MEASURES

Specific performance measures for the program will need to be developed jointly with the County, participating Cities, and the Department of Justice (DOJ) during the grant start-up period. Some data that impacts the potential workload for firearms domestic violence education and intervention cases is presented below:

Data Descriptor

San Mateo Co.

Bay Area

Statewide

Criminal Protective Orders as of 2003

3,182

25,348

108,554

Criminal Protective Orders as of 2004

3,868

28,987

124,782

Percent Increase 2003 to 2004:

21.6%

14.4%

14.9%

Un-served CPO’s as of March, 2004

68

723

4,510

Emergency Protective Orders As of 2004

534

6,439

26,261

Family Court DV Restraining Orders 2003

1,255

13,021

76,419

Data Descriptor

San Mateo Co.

Bay Area

Statewide

Un-served Family Court DVRO’s

240

3,460

23,176

% DVRO’s With Firearms Prohibition

95.8%

96.1% avg

96.4% avg

% CPO’s With Firearms Prohibition

99.6%

98.8% avg

98.3% avg

BACKGROUND – THE FACTS & FIGURES

 

Domestic violence experts estimate that having a firearm in the home makes it three times more likely that a family member will be murdered by another family member or intimate partner. In addition, domestic violence calls are statistically among the most dangerous calls that law enforcement officers typically encounter. Nationally, firearms are used in two-thirds of domestic-violence homicides. In abusive households, firearms are the weapons used most often to threaten and intimidate partners.

Over the past several years, there have been many cases in which persons prohibited from possessing firearms have tragically killed family members or intimate partners. Many of these cases may have been prevented if there was a mechanism to track and enforce firearms restrictions imposed by the Courts.

According to the California Department of Justice, there are approximately 260,000 active restraining orders in California in 2006. In 2002, there were 181 domestic-violence homicides in California, over half involved firearms. Since 2004, all domestic violence restraining orders in California must have a firearm prohibition. The table above displays some vital statistics: San Mateo County experienced a 21.6% growth in criminal protective orders between 2003 to 2004, the most recent year for which State data is available. When reviewing combined Criminal Protective Orders, Emergency Protective Orders, and Family Court Domestic Violence Restraining Orders, there are over 5,657 restraining orders active in the County, with about 97% of these having a firearms prohibition. Yet, enforcement is lacking, primarily because of lack of dedicated law enforcement staff to actively enforce the orders.

Bay Area wide, there are over 48,447 types of active restraining orders in place. We know from sometimes tragic experience that persons with restraining orders travel widely and regularly cross County boundaries within a region like the Bay Area. Often, former victims of domestic violence may reside in different counties from their restrained former partners. In California, law enforcement agencies historically have not had the resources to proactively enforce a state law prohibiting anyone served with a domestic-violence restraining order from possessing or buying a firearm.

CURRENT PROTOCOLS & LIMITATIONS

Currently, San Mateo County law enforcement agencies follow a countywide protocol in which firearms (and ammunition) are seized when called to the scene of domestic violence cases. Under the authority of Penal Code Section 12028.5, law enforcement officers may seize and hold all firearms located at a domestic violence scene. Unfortunately, unless the firearms are in plain view and absent a search warrant or other court order, consent is required from the occupants to search for any firearms at a domestic-violence scene. Even after firearms are seized by law enforcement at a domestic-violence scene, the prohibited person may have access to more firearms that officers didn’t find, or the person may attempt to purchase a firearm(s) from an authorized gun dealer or private party.

In any event, additional follow up on these types of cases are beyond the capabilities of most local law enforcement agencies. Currently, the Court relies on an honor system that leaves compliance with the law almost entirely to the restrained person. It is up to the restrained person to inform the court officials about firearms they own, up to them to surrender those firearms, up to them to provide proof to the court that the firearms have been turned over to law enforcement.

Since July 2005, the San Mateo County Domestic Violence Council has been reviewing the California State Attorney General’s report on “Local Criminal Justice Response to Domestic Violence, Keeping the Promise – Victim Safety and Batterer Accountability.” A major concern of the Domestic Violence Council has been the lack of accountability and compliance of those persons prohibited from possessing firearms during civil and criminal domestic violence proceedings.

 

A COLLABORATIVE SOLUTION

In May 2006, the San Mateo County Domestic Violence Council, in cooperation with the Offices of Supervisor Mark Church, Sheriff Don Horsley, District Attorney Jim Fox, Chief Probation Officer Loren Buddress, San Mateo County Superior Court and Administrative Offices of the Court, Community Overcoming Relationship Abuse (CORA), and the San Mateo County Police Chiefs and Sheriff Association, began working with representatives from the California Department of Justice - Firearms Division to create a model program for ensuring that firearms are surrendered pursuant to court orders and existing state laws in San Mateo County.

This multi-disciplinary focus group has recommended that the Sheriff’s Office team up with the California Department of Justice - Firearms Division to form a Domestic Violence Firearm Compliance (DVFC) Unit. This will be a comprehensive countywide domestic violence intervention project focused on providing training, education and firearm intervention/enforcement - primarily focused within San Mateo County, but also participating in a Bay Area-wide program that has multi-jurisdictional authority to pursue domestic violence restraining order firearms violators across county boundaries. The DOJ has responded positively and enthusiastically: the attached November 27th, 2006 letter from Randy Rossi, State DOJ Firearms Division Director, sets forth their proposal to fund local positions, as well as their commitment to provide State staffing resources, for this important program. A Memorandum of Understanding (MOU) with State DOJ is anticipated to arrive this month, per the 11/27/06 letter.

The DVFC Unit will consist of four staff: two detectives (Deputy Sheriffs) from the San Mateo County Sheriff’s Office, and one Special Agent and one Crime Prevention Specialist from the California Department of Justice. Three of the four staff will be co-located with the Sheriff’s Gang Intelligence Unit in the City of San Mateo and will work closely with San Mateo County law enforcement agencies and others to provide domestic violence firearms officer training, and ensure restraining order compliance by ongoing enforcement, and coordination of sweeps and critical enforcement activities with Bay Area law enforcement agencies. The fourth position, a Sheriff’s detective, will be based with the San Francisco Bay Area DOJ Armed and Prohibited Persons System (APPS) Task Force, operating out of Oakland, representing Peninsula law enforcement involvement and requirements, and supporting local efforts in San Mateo County. The Department of Justice will provide additional officer training, analysis, research and investigative support to the Firearms Division, through the APPS Task Force.

The goal is to reduce firearms-related homicides and attempted homicides involving domestic violence situations in San Mateo County. The objectives of the APPS program, generally, is to work with local law enforcement agencies, probation and parole authorities, prosecutors, and the Courts to identify and disarm more than 60,000 armed and prohibited career criminals, dangerous mental patients, violent domestic abusers, and other prior offenders statewide before they commit additional offenses and violence, often domestic in nature. Once formed, the San Mateo County Unit will develop specific performance goals and objectives to measure forward progress in this important and sometimes life-saving enforcement effort.

One potential area of ancillary workload increase associated with this program may be analysis of confiscated firearms by staff at the Sheriff's Forensic Laboratory. The firearms will be examined with existing resources at the Forensic Laboratory and logged into the National Integrated Ballistics Information Network (NIBIN), a nation-wide law enforcement database administered through the Department of Justice, to see if they may have been associated with criminal activity in the County or in other jurisdictions. This could involve up to four hours processing time per weapon, depending on findings. We hope to mitigate this impact by prioritizing analysis to handguns seized from individuals with a known prior criminal history.

 

FISCAL IMPACT

State DOJ Funding is for a two year period, which will be February 1, 2007 to February 1, 2009, or starting from the execution date of the proposed MOU. The State DOJ will contribute a total of $972,000: $380,000 in grant funds to San Mateo County, and $592,000 for funding of one fulltime dedicated DOJ Special Agent, and one fulltime Crime Analyst position. The grant to San Mateo County will be $380,000 across the two-year period. This will cover the fulltime cost of one Sheriff’s detective, and overtime for that position; and overtime-only costs for one additional, County-funded detective position, as well as the provision cost of specialized firearms domestic violence training for the officers.

The County’s contribution over the two-year period is anticipated to be approximately $387,440, which breaks down to $86,860 for 2006-07; $193,720 for FY 2007-08; and $118,720 for FY 2008-09. This will cover the base salary and benefits costs of the second detective position, plus out-of-pocket costs for per-mile vehicle expenses, radio and cellphone communications, and travel expenses. The Sheriff’s Office will provide office furnishings and computer expenses, administrative support, safety and surveillance equipment on an in-kind basis.

For mid-year implementation in FY 2006-07, assuming a February 1st start-up date for County staff, a five-month Appropriation Transfer of $161,860 is required. The State DOJ contribution for this five-month period is $199,084, or $75,000 for the County share alone, plus $124,084 for internal expenses related to the San Mateo County project. This leaves a County cost for this same five-month start-up period of $86,860. These costs are reflected in the attached five-month, start-up Appropriation Transfer, as well as being documenting in the project budget.

 

This report, ordinance, and resolution have been reviewed and approved as to form by County Counsel. Additionally, the Sheriff’s Office will work with County Counsel to review the MOU once it is received (anticipated to be before February 1) and ensure that it conforms to legal form and with the general terms of the report presented herein.