Welcome to the April/May 2017 Sheriff's Department Newsletter. For this edition, I provided information on the various forms of pretrial release and bail alternatives that have been in place in San Francisco for a few decades. 

On April 13, I was honored to attend a retirement celebration for Will Leong, the Executive Director of the San Francisco Pretrial Diversion Project (SFPDP). Will, along with other criminal justice partners, created in 1975 the concept for pretrial diversion and release of those arrested for misdemeanor crimes. This concept, based on "dignity, respect, compassion and accountability," with an understanding that the goals of crime prevention and rehabilitation would be better served by alternatives to jail that included education and community service work, was groundbreaking. With Will at the helm and funding provided by the Sheriff's Department, the program services expanded over many years to include more crime-involved populations, and in 1995, began to include supervised release of those defendants charged with nonviolent felony crimes. 

Today, there are many services that combine the original concept. Working with the Superior Courts, whose judges review all recommendations and make decisions regarding release, the SFPDP provides three levels of supervision, which are: no active supervision, minimum supervision and assertive case management to clients, dependent on their risk assessment. If not for the work of this organization, the San Francisco jail population would almost be double the current average of 1,250.

Additionally, the Sheriff's Department, with the help of SFPDP, has been a leader in alternatives to money bail for decades. Now there is a statewide movement to replicate this model alternative through legislation and possibly eliminate or reform the current bail system. 

Many may not realize that only a few people with misdemeanor charges are booked in our jails. The San Francisco Police Department and other law enforcement agencies issue citations to most individuals suspected of committing misdemeanor crimes. An Assistant District Attorney reviews each citation and police report to determine if the case should be prosecuted. The citation includes a future court date that allows individuals to stay out of jail if they appear in court at the appointed time. If they do not show up as directed, a warrant for their arrest may be issued by the court.

People who are booked into our jail for felony crimes are evaluated through the SFPDP to determine if they meet the criteria for pre-arraignment release based on California law. For persons eligible for pre-arraignment release, a Superior Court commissioner reviews a completed risk assessment and renders a release decision. The commissioner also has the latitude to alter the tool's recommended conditions of release. If an individual is denied release before arraignment, the judge, at arraignment, may also determine whether a release is warranted and the conditions of such release. The SFPDP follows up with people on its caseload to ensure they are engaging in the conditions set forth for their release. Examples may include attending substance abuse groups; anger management sessions; behavioral health therapy; or even residential treatment. If the person does not comply, the court will be informed and may order a warrant for arrest. 

The San Francisco District Attorney's Office is responsible for reviewing each felony case to determine whether to file the case with the court, known as "rebooking" a case. Based on the evidence and facts of the case, the assigned Assistant District Attorney (ADA) can decide whether to rebook. The ADA can also dismiss, change, add or reduce charges. This rebooking process for felonies must take place within 48 hours after arrest, absent weekends or holidays. Some charges do not get rebooked and if the arrestee has no other active charges, he or she will be released. 

If a booked person is not eligible for pretrial release, and does not have any charges that cannot be bailed, cash bail can be posted at any time. An average of 11 people per day post bail. Before the first court appearance there is a standard set bail for each criminal charge. These bail amounts are determined by the Superior Court in each county. During the first or subsequent appearances in court, the judge may set an alternate bail amount. Bail bonds agents may be engaged by the defendant to post bail. Generally, the defendant will pay a nonrefundable fee of up to 10 percent of the bail amount to the bail agent. The bail agent will post the full amount of the bail that is refundable to that agent if the defendant appears in court as ordered. Here is a link to the San Francisco Superior Court bail schedule. 

There are many nuances and exceptions to the above, but these are the most common methods for release of defendants from jail before a final court determination. 

Besides attending Will's retirement event, I swore in a new class of deputy sheriffs and welcomed a new class of sheriff's cadets. I spoke to a class of veteran supervisors about expectations and their concerns. I also addressed a class of newly promoted supervisors. On April 3, I was one of several city officials who each met and addressed the Social Action Committee of the African American women's Delta Sigma Theta Sorority during its annual Delta Day at City Hall event. On April 8, I was privileged to represent the department at the San Francisco Coordinating Council of Lions Clubs' 54th annual Annual Awards Banquet for Police, Fire and Sheriffs. Five members of the Sheriff's Department received awards, many with their families in attendance. I attended the annual 5 a.m. 1906 earthquake commemoration at Lotta's Fountain along with many city dignitaries, the Mayor, Fire Chief Joanne Hayes-White, Police Chief Bill Scott and scores of other hearty souls, many dressed in period costumes. It was a wet morning, but the spirit was not dampened as we all sang a rousing chorus of "San Francisco."

Finally, I want to comment on one other item in this newsletter. That is the article on National Crime Victims' Rights Week. Many of you have heard me speak about the idea of balance in our delivery of the many services we provide. That idea is conveyed very well by the concept of "dignity, respect, compassion and accountability" mentioned in connection with the SFPDP tenets. In maintaining our balance of criminal justice and social justice, we must never forget the victims of crime, especially violent crime, and those victims without voices, in our efforts to serve all people.