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PUBLIC PROTECTION
COMMITTEE
***RECORD OF ACTION***
  August 6, 2018
9:00 A.M.
651 Pine Street, Room 101, Martinez
Supervisor John Gioia, Chair
Supervisor Federal D. Glover, Vice Chair
Agenda Items: Items may be taken out of order based on the business of the day and preference of the Committee
             
1. Introductions
  Convene - 9:05 AM
             
2. Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers may be limited to three minutes).
  The Committee received public comment.
             
3. APPROVE Record of Action from the June 25, 2018 meeting.
  Approved as presented.
  Attachments:
  Record of Action - June 2018
 
             
4. To implement the recommendations of the Racial Justice Task Force, staff recommends the Committee:
  1. PROVIDE direction to staff for the establishment of a Racial Justice Oversight Body, and DIRECT staff to propose a process to identify nominees for appointment to the Racial Justice Oversight Body by the Board of Supervisors; and
As recommended by the Racial Justice Task Force, and adopted by the Board of Supervisors, a Racial Justice Task Force Oversight Body shall be established to guide the implementation of the Task Force's recommendations, and assess the efficacy of the interventions, with transparency and ongoing input from a diverse array of stakeholders.  Additionally, the RJOB should be expected to review local criminal and juvenile justice data to identify and report on the current state of racial disparities in the local justice system.  To accomplish these functions, the full RJOB shall at least meet quarterly, provide the BOS with an annual report on its work, and be comprised of the following members:
  1. A representative from the Superior Court, as a non-voting member
  2. The Sheriff or his designee
  3. The Chief Probation Officer or his designee
  4. The Public Defender or her designee
  5. The District Attorney or her designee
  6. A representative from a local law enforcement agency, nominated by the Contra Costa County Police Chiefs’ Association
  7. A representative from the Contra Costa County Board of Education
  8. A representative from Contra Costa County Health Services
  9. Eight community-based representatives, that include at a minimum:
    1. Two members of the Racial Justice Coalition,
    2. Two individuals with prior personal criminal or juvenile justice system involvement,
    3. Three representatives from community-based organizations that work with individuals in the justice system, including at least one person who works directly with youth
    4. One representative from a faith-based organization
It should be noted that the main differences between the Racial Justice Task Force membership, and that of the RJOB, is that the three school district seats have been replaced with a single seat for the County Office of Education, and the seven community-based representatives has been increased to eight with and had their regional restrictions replaced with more specific characteristics for each seat.

In implementing this first Task Force recommendation the Committee should also notice the recommendation identified a need for resources to staff and facilitate the work of the RJOB.  While the level of administrative support required will depend on the volume of additional subcommittees and amount of work required between meetings of the full RJOB.  Notwithstanding this, the Office of Reentry and Justice is able to staff quarterly meetings of the RJOB, as recommended by the Task Force, with current ORJ staffing levels.  Inquiries into the cost of outside facilitation and support for the work of the RJOB beyond its quarterly meeting resulted in estimates of around $100,000 per year.  In considering any recommendations for funding, the Committee should be aware that no revenue source has been identified to cover any of the costs to implement the Task Force recommendations.
  Approved as presented with the following direction to staff:

1. Correct Page 11, N. 7 to read "Office" of Education.
2. Add one "School District" seat and request that the Mount Diablo, West Contra Costa and Antioch Unified school districts convene to determine which District will serve in the seat.
3. Add one "Community Representative" seat with a preference for a student to serve. If a student cannot be identified to serve, then seat should be filled by an individual working with school aged youth.
4. The Racial Justice Coalition shall select it's own representation on the Task Force.
4. Non ex-officio appointees shall be appointed to two-year terms of office.
  Chair John Gioia, Vice Chair Federal D. Glover 
 
AYE: Chair John Gioia, Vice Chair Federal D. Glover
Passed
  Attachments:
  Racial Justice Task Force Recommendations - Revised
 
             
5. When the Task Force Recommendations were being considered by the Board, County Counsel was clear that oversight of the type being contemplated would require the participation of the Sheriff’s Office.  Notably, both examples described above had the full support of the local Sheriff. 

Staff recommends the Committee take the following action:
  1. ACCEPT input from the Office of the Sheriff-Coroner and members of the Racial Justice Task Force re amendments to Racial Justice Task Force Recommendations that were stricken by the Board of Supervisors; or

  2. DIRECT staff to work with County Counsel to convene a small working group of up to two Sheriff representatives and two Racial Justice Task Force members to develop amended recommendations to be considered by the Committee.
  Approved as presented with the following direction to staff:

1. District Attorney representative clarifies that the intent of the Task Force is not oversight, but rather advisory to the Board of Supervisors.
2. County Counsel shall provide advice as to what is possible and what is not possible with regard to "oversight" of the County adult detention facility system.
3. County Counsel shall convene a discussion between the Racial Justice Coalition and the Sheriff's Office regarding Recommendation Nos. 18 and 19.
4. Direct the Racial Justice Task Force to reconvene to discuss solutions to conflicts raised by the Sheriff's Office  as to Task Force Recommendation Nos. 18 and 19 prior to the next PPC meeting.
  Vice Chair Federal D. Glover, Chair John Gioia 
 
AYE: Chair John Gioia, Vice Chair Federal D. Glover
Passed
  Attachments:
  Final RJTF Memo - Revised
  Sheriff Letter to BOS
  LA County - Office of Inspector General
  LA County - Civilian Oversight Commission
  LA County - Sheriff MOA with Inspector General
  Santa Clara County - Office of Correction and Law Enforcement Monitoring
 
             
6. 1. ACCEPT reports from staff related to various immigration related issues, including compliance with state and federal law, status of federal litigation and correspondence with the U.S. Department of Justice related to federal grants.

2. PROVIDE direction to staff on next steps.
 
  Approved as presented.
  Attachments:
  Board of Supervisors' Referral
  Senate Bill 54 (De León), Chapter 495 Statutes of 2017
  Senate Bill 54 (De León) - Redline of Existing Law
  Senate Bill 54 Analysis - County Counsel
  Chicago Tribune Article, October 13, 2017
  Brief of Amici Curiae - City of Philadelphia vs Sessions III, filed October 19, 2017
  Letter from USDOJ to Contra Costa re: 8 USC 1373 Compliance
  Interagency Service Agreement ICE w/ Amendments
  Probation Department Immigration Policy
  Sheriff's Office Immigration Policy
  Stand Together CoCo - Partner Advisory Letter
  Letter from Asian Law Caucus to Sheriff David O. Livingston, April 12, 2018
  County Counsel Response to Letter from Asian Law Caucus, May 23, 2018
  Practice Advisory, SB 54 and the California Values Act: A Guide for Criminal Defenders, February 2018
 
             
7. The next meeting is currently scheduled for September 10, 2018 at 9:00 AM.
             
8. Adjourn
  Adjourned - 10:47 AM

The Public Protection Committee will provide reasonable accommodations for persons with disabilities planning to attend Public Protection Committee meetings. Contact the staff person listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of members of the Public Protection Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time.


For Additional Information Contact:

Timothy Ewell, Committee Staff
Phone (925) 335-1036, Fax (925) 646-1353
timothy.ewell@cao.cccounty.us

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