Agenda

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C. 39

To:	Board of Supervisors
From:	David O. Livingston, Sheriff-Coroner
Date:	January 21, 2020

Contra

Costa

County

Subject:

State of California Office of Traffic Safety Grant

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 01/21/2020

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Sandra Brown 925-335-1553

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: January 21, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2020/16 authorizing the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Office of Traffic Safety in an initial amount of $408,854 for the Sheriff's Forensic Services Unit to purchase a Liquid Chromatography-Tandem Mass Spectrometry Instrument beginning October 1, 2020 to the end of the grant period.

FISCAL IMPACT:

Initial revenue of $408,854, 100% State funds.

BACKGROUND:

The Contra Costa County Office of the Sheriff-Forensic Services Division (FSD) will use monies from the Office of Traffic Safety Grant FFY2019 to purchase a liquid chromatography-tandem mass spectrometry (LC-MS/MS) instrument. The FSD is an accredited crime laboratory providing forensic services to more than 20 law enforcement agencies in the County. The LC-MS/MS instrument will enable the laboratory to provide more meaningful information on driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases without the need for outside testing. The toxicology requires this equipment to keep pace with current and future legislation and drug trends.

BACKGROUND: (CONT'D)

On January 1, 2014, changes to driving under the influence laws (Sections 23152 and 23153 of the Vehicle Code) went into effect. With the prevalence of drivers driving under the influence on California roads and highways rising, these changes were implemented in efforts for law enforcement to identify and ultimately increase the prosecution of drug impaired driving cases. The section (e) that became operative on January 1, 2014 makes it unlawful for a person who is under the influence of any drug to drive a motor vehicle; this not only includes illegal narcotics and stimulants, but also even legal prescriptions, herbs, and over-the-counter drugs.

In November 2016, California passed Proposition 64 (Adult Use of Marijuana Act) that allows adults age 21 and over to possess, transport, purchase, consume and share up to one ounce of marijuana and eight grams of marijuana concentrates. There has been an influx of marijuana analysis requests for “DUID” cases.

Recently there has been increased forensic and public safety interest in newer or “emerging drugs” inclusive of fentanyl analogs, designer benzodiazepines, synthetic cannabinoids and “bath salts”; a LC-MS/MS would enable the crime laboratory to increase the variety of drugs that can be tested. This information will provide a comprehensive report to police agencies and the District Attorney’s Office for prosecution purposes.

The project objectives includes the purchase and installation of new LC-MS/MS instrument hardware and software which will be supported by the manufacturer. The anticipated outcomes of the LC-MS/MS instrumentation include providing more meaningful information on driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases to law enforcement and increasing the variety of drugs tested at the crime laboratory.

CONSEQUENCE OF NEGATIVE ACTION:

The crime laboratory currently provides limited toxicology analysis which does not meet the needs of client agencies. The current instrumentation is not adequate for current legislation related to driving under the influence of drugs or potential drug laws in the future. The unit is limited in the scope of drugs that can be tested due to limited availability of instrumentation. To meet the needs of law enforcement agencies, many requests for analysis must be sent to an accredited outside laboratory. Any analysis performed by an outside laboratory creates an increased burden and cost to Contra Costa County law enforcement agencies and the District Attorney’s Office if the case is prosecuted.