Board of Supervisors — 2020-07-16

Criminal Justice and Racial Equity Report

• County departments presented data showing significant declines in jail populations and admissions, alongside specific actions taken to reduce incarceration.
• Presenters from the Sheriff’s Office, District Attorney, Probation, Public Defender, and Behavioral Wellness outlined current reforms, resource needs, and data integration capabilities.
• The Board discussed the report's recommendations, focusing on expanding diversion programs, improving technological capacity, and addressing systemic inequities.
• Supervisor Williams moved to approve specific recommendations and add directives for expanding felony diversion, developing performance measures, and seeking relief from the bed mandate.

Racial Equity and Diversity Initiatives

• Staff presented the county’s current efforts in racial equity, diversity, and inclusion, including past actions like hiring a Diversity and Inclusion Manager.
• Proposed actions include convening a department head committee, exploring partnerships with external organizations, and creating an integrated countywide DEI plan.
• Staff reported on an equity set-aside created during budget hearings to assess programs for racial equity focus areas.
• Staff recommended the removal of two plaques from the Santa Barbara courthouse grounds, noting they are not historic landmarks and will be archived.

Closed Session

• No closed session items were reported in the provided summary.

Meeting Overview

• The Santa Barbara County Board of Supervisors held a special meeting on July 16, 2020. All five supervisors were present. The meeting focused on a hearing regarding the report on criminal justice and racial equity in Santa Barbara County. The session included presentations from various county departments, public comment, and a final motion to approve specific recommendations and directives.

Agenda Item: Criminal Justice and Racial Equity Report

Presentations and Discussion

• The hearing began with a presentation by Mr. Malekian from the County Executive Office, who outlined the context of the report, which focuses on reducing the average daily jail population and addressing systemic inequities. Key data presented included a 15.8% decline in average daily jail population and a 21.3% decline in admissions between 2016 and 2019. Since mid-March 2020, jail population dropped by 36–37% due to decreased arrests, increased pretrial releases, and new alternatives. The report contains 15 recommendations categorized into expanding pretrial diversion, improving technological capacity for information exchange, and changing sentencing structures. The report suggests assigning these recommendations to existing groups rather than creating new committees.
• Sheriff Bill Brown presented data on jail population trends, noting the average daily population dropped from 1,268 in July 2007 to 578 in early July 2020. He detailed actions taken, including extended early releases, increased risk assessment scores for release, and adherence to the Judicial Council’s $0 bail emergency rule. Sheriff Brown reported that 12% of individuals released early or via alternative means were re-arrested. He noted that citation issuances are trending upward, with felony citations increasing by 121% compared to the previous year. The Sheriff’s Office supports the report’s recommendations in concept but suggested modifying the $0 bail schedule to prevent automatic release of repeat offenders.
• District Attorney Joyce Dudley presented the department’s approach to reducing jail populations, including the expansion of diversion programs and a reduction in filed cases. The DA expressed interest in establishing a felony diversion program, noting that current efforts are limited to misdemeanors. The DA identified funding and resources as primary requirements for new programs and emphasized the need for a dedicated data analyst to measure outcomes.
• Chief Probation Officer Tanya Heitman discussed the department’s role in recent reforms, including Senate Bill 678 and Propositions 47 and 57. She reported a 135% increase in pre-trial supervision populations from March to June 2020 compared to the same period last year. Heitman addressed Assembly Bill 1950, which seeks to limit probation terms, stating that the department believes longer terms do not necessarily improve outcomes and can create long-term stigma. She confirmed that the architecture to integrate data systems among Probation, Sheriff’s, and Court departments is in place.
• Public Defender Tracy Makuga discussed the impact of the zero bail policy, citing statistics that 88% of individuals released on zero bail have not re-offended. Makuga argued that the bail system creates a two-tiered justice system and called for the expansion of diversion programs county-wide. She raised concerns about racial equity, noting disparities in probation term lengths between the northern and southern regions of the county.
• Dr. Gleghorn, Director of the Department of Behavioral Wellness, presented data indicating that approximately 58% of individuals in jail have a history of mental health or substance abuse treatment in the county. She noted that 51% of these individuals had an admission to the behavioral health system before age 18. Dr. Gleghorn identified the need for permanent funding sources to sustain diversion programs and mentioned the development of forensic mental health rehab centers in South County and Lompoc.

Racial Equity and Diversity Initiatives

• Staff presented on the county’s efforts regarding racial equity, diversity, and inclusion (DEI). The presentation emphasized the need for a consistent, integrated approach to addressing race inequity and the importance of retaining and recruiting employees from diverse backgrounds. Past actions included participating in the Government Alliance for Race and Equity (GAR) training, adopting a civil treatment policy, and hiring a Diversity and Inclusion Manager. Proposed actions include convening a department head committee, exploring partnerships with organizations like GAR, and creating an integrated countywide DEI plan. Staff indicated they would return to the board in late summer or fall with a specific action plan and associated budget.
• Staff also reported on an equity set-aside created during the June budget hearings, proposing an assessment of public and internal programs to identify areas needing focus on racial equity. Additionally, staff reported on a request to remove two plaques located on the grounds of the Santa Barbara courthouse, commissioned by the Daughters of the American Revolution in 1927 and 1938. Staff determined the plaques are not historic landmarks and intends to remove, photograph, document, and safeguard them in the courthouse archives.

Public Comment

• The board received public comment from numerous individuals and representatives of various organizations. Comments were limited to two minutes per speaker. Key themes included:
• Criminal Justice Reform: Advocacy for reducing jail populations, ending cash bail, expanding diversion programs (including felony diversion), and restorative justice. Speakers urged the board to suspend or cancel funding for the renovation of the South County Jail and to reallocate savings to community-based alternatives, mental health services, and youth programs.
• Policing and Oversight: Calls for the disbanding of internal sheriff-only investigations, the creation of an independent civilian review board with subpoena power, and changes to use-of-force policies to prioritize de-escalation. Speakers urged the board to end cooperation between the Sheriff’s Department and ICE.
• Community Investment: Emphasis on investing in primary prevention, early childhood education, and family support to address root causes of criminal justice involvement. Speakers called for reinvesting funds from law enforcement into community-based organizations.
• Courthouse Plaques: Speakers, including representatives from the Coastal Band of the Chumash Nation, spoke in support of removing the plaques, arguing they present a historically inaccurate narrative. They emphasized the importance of truth, reconciliation, and including the Chumash community in the process.

Board Discussion

• Supervisor Williams clarified the Board’s responsibility to fund departments and raise issues of racial justice and budgetary dimensions. Supervisor Hartman highlighted the need for investment in arts and culture, restorative justice, and addressing racism as a public health crisis, emphasizing the importance of data and transparency. Chair Hart summarized the board’s position, acknowledging the opportunity to reimagine public safety and reduce incarceration, and proposed removing the plaques as quickly as possible, potentially through digital means, to demonstrate concern and resolve the issue.

Motion and Vote

• Supervisor Williams moved to approve recommendations A through D and add the following directives: 1. Direct the CEO to support the District Attorney and other justice partners in expanding misdemeanor diversion opportunities and creating a new felony diversion program, including through restorative justice techniques. 2. Direct the CEO’s office to work with criminal justice agencies to develop performance measures related to reducing jail population and diverting individuals from the justice system, to be included in budgetary authority. 3. Ask the legislative delegation for relief from the bed mandate. 4. Ask the CEO to return with metrics and any resource requests necessary to obtain data and improve the speed of the discovery process and sharing thereof.
• Supervisor Hartman requested the addition of a directive to allocate $50,000 from the CEO’s budget to Arts & Culture. Supervisor Williams amended the motion to include this request, specifying that the CEO should return with resource requests to implement the priorities and, if possible, fund the arts initiative. Supervisor Hartman seconded the motion.
• Mr. Guzzone clarified that the "bed mandate" refers to a condition of AB 900 Phase 2 funding for the Northern Branch Jail, which required a certain number of net new beds, and that the motion seeks legislative or Department of Corrections relief from this requirement.
• The motion passed.