Agenda

Return

C. 36

To:	Board of Supervisors
From:	David O. Livingston, Sheriff-Coroner
Date:	December 4, 2018

Contra

Costa

County

Subject:

Appropriation Adjustment - Office of the Sheriff LC-MS/MS & GC/MS Instruments

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/04/2018

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:	Liz Arbuckle, 335-1529
cc:	Liz Arbuckle Heike Anderson Paul Reyes

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: December 4, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE Appropriation and Revenue Adjustment No. 5030 authorizing new revenue in the amount of $353,000 for the Sheriff's Forensic Services Unit to purchase a Liquid Chromatography with tandem Mass Spectrometry (LC-MS/MS) and Nitrogen Generator 2 Gas Chromatograph Mass Spectrometry (GC/MS) Instruments.

FISCAL IMPACT:

This action increases revenue and appropriations by $353,000. No change in Net County Cost.

BACKGROUND:

The Contra Costa County Office of the Sheriff-Forensic Services Division (FSD) will use monies from the Office of Traffic Safety Grant FY2018 to purchase two gas chromatography mass spectrometry (GCMS) instruments, a liquid chromatography-tandem mass spectrometry (LC-MS/MS) instrument and nitrogen generator.

BACKGROUND: (CONT'D)

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. Currently, the toxicology unit does not have up to date sensitive equipment to keep pace with current and future legislation and drug trends. 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. It is anticipated there will be 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 “bath salts”, synthetic cannabinoids and fentanyl analogs. 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 include:

(1) Purchase and installation of two new GCMS instruments hardware and software which will be supported by the manufacturer
(2) Upon approval from NHTSA, purchase and installation of new LC-MS/MS instrument hardware and software which will be supported by the manufacturer
(3) Installation of a Nitrogen generator to be used with the LC-MS/MS instrument.

The anticipated outcomes of new GCMS and LC MS/MS instrumentation include:

(1) Replacing current instrumentation that is no longer supported by the manufacturer
(2) Continue to provide toxicology results to agencies for use in the criminal justice system
(3) Providing more meaningful information on driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases to law enforcement (4) 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 per se drug laws in the future. The unit is limited in the scope of drugs that can be tested due to inadequate 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.