REPORT TO THE CITY COUNCIL FROM: PACO BALDERRAMA, Chief of Police Police Department BY: MARK SALAZAR, Deputy Police Chief Investigations Division SUBJECT ..Title Actions pertaining to the 2021 National Sexual Assault Kit Initiative (SAKI) grant program, herein referred to as the SAKI grant 1. Authorize the Chief of Police or his designee to accept $1,000,000 in grant funding for the SAKI grant awarded to the Fresno Police Department from the U.S. Department of Justice, through the Office of Justice Programs Bureau of Justice Assistance (BJA) 2. Authorize the Chief of Police or his designee to enter into a Memorandum of Understanding (MOU) with the Fresno County District Attorney's Office to fund .10 of the full-time equivalent Senior Deputy District Attorney for years two and three of the three-year grant performance period totaling $51,120 ($25,560 Year 2 and $25,560 Year 3) 3. ***RESOLUTION -Adopt the 9th Amendment to Position Authorization Resolution ("PAR") No. 2022-153 entitled "a Resolution of the Council of the City of Fresno establishing the number of positions authorized in the various departments and offices of the City for Fiscal Year 2023;" adding two full-time Crime Specialist positions to the Fresno Police Department (Subject to Mayor's Veto) ..Body RECOMMENDATION Staff recommends that Council authorize acceptance of $1,000,000 in grant funding from the U.S. Department of Justice, through the Office of Justice Programs Bureau of Justice Assistance, allowing the Chief of Police or his designee to enter into and execute the agreement and any amendments or modifications, authorize the Chief of Police or his designee to enter into a Memorandum of Understanding with Fresno County District Attorney's Office to fund .10 FTE Deputy District Attorney for years two and three of the three year term grant performance period totaling $51,120, and adopt the 9th Amendment to Position Authorization Resolution No. 2022-153 adding two full-time Crime Specialist positions to the Fresno Police Department. Funds have been awarded for the 2021 National Sexual Assault Kit Initiative to the Fresno Police Department's Family Justice Bureau within the Investigations Division. EXECUTIVE SUMMARY The City of Fresno has been awarded grant funds of $1,000,000 from the U.S. Department of Justice, through the Office of Justice Programs Bureau of Justice Assistance to assist with obtaining lawfully owed DNA from convicted offenders. The grant period is from October 1, 2021, to September 30, 2024. BACKGROUND In 2018, the Fresno Police Department Sexual Assault Cold Case Unit (CCU) was formed with grant funding from the 2018 National Sexual Assault Kit Initiative (SAKI) grant from the U.S Department of Justice through the Bureau of Justice Assistance. The funds were used to investigate 694 Combined DNA Index System (CODIS) potential suspect DNA hits received from the period 2000-2015. Two detectives along with a Rape Crisis Services Advocate were assigned to the unit. In September 2019, the Police Department was awarded the 2019 SAKI grant. This grant funding provided one additional full-time Police Detective and one full-time Fresno County Deputy District Attorney to pursue all DNA hits and leads related to the cases being returned from lab testing for cold cases from 2016 to 2018. Both grants provided essential funding to provide personnel to investigate and prosecute the backlog of cases. In September 2020, the Police Department was awarded the 2020 SAKI grant. This funding involves identifying and testing the Sexual Assault Kits (SAKs) in our inventory that BJA would classify as "partially tested." Of the approximate 2,500 SAKs in our inventory, it is estimated that nearly 50% have suspect DNA profiles while the others do not. A retired Department of Justice Forensic Laboratory Supervisor (Criminalist) was hired and is currently reviewing each of the SAKs in evidence to determine if further testing is needed to meet the requirements of BJA. In the event further testing is required, the SAKs will be sent to BODE Cellmark Forensics (a CA DOJ certified forensic DNA laboratory) for analysis to ensure "partially tested" kits are fully tested. After a competitive bidding process, BODE Cellmark Forensics was selected as the laboratory to perform the further analysis. With funding from the SAKI 2021 grant, two new full-time Crime Specialist positions were approved for this project. The use of current budgeted PAR allocations is not allowable as it will result in supplanting, which is not permissible under the grant agreement. The Crime Specialist will be responsible for the census portion of the grant as it is very tedious, time-consuming and a heavy lift. It is not cost effective to have sworn personnel for this portion of the grant as the work will involve a lot of administrative work (majority desk work - reviewing criminal histories, etc.). The sworn personnel, currently assigned to the Cold Case Sexual Assault Unit under the SAKI 2020 grant, will be utilized to handle the actual collection of Lawfully Owed DNA and other high-risk investigations. In addition, the Crime Specialists will be able to review cases during the census portion and point out any similarities, etc., with the anticipation of solving other cases. With the augmentation of grant funding, FPD and the Fresno County District Attorney's Office will collectively work to ensure all lawfully owed DNA is collected within the laws established by local, State and Federal law. This grant funding will provide proper sexual assault kit investigative and evidence sustainability. This is not subject to meet and confer because the City positions are existing classifications. ENVIRONMENTAL FINDINGS This is not a "project" for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference was not considered because accepting grant funds does not include a bid or award of a construction or service contract. FISCAL IMPACT There will be no net impact to the general fund during the term of the grant. The grant provides full cost recovery for all positions, operations, training, equipment and supplies for this program during the period of the grant. Expenses will be claimed and reimbursed on a quarterly basis. By adding these positions, we can dedicate the two full-time Crime Specialists to handle the census portion and the police Detectives currently assigned to the SAKI 2020 grants to facilitate the collection of lawfully owed DNA to ensure compliance with local, State and Federal law. This funding will enable the Fresno Police Department to enhance its current capabilities and response to sexual assault cold cases identified within the City of Fresno. At the end of the grant period the Crime Specialist positions will be re-allocated to the general fund in the appropriate budget year. Attachments: Grant Agreement MOU Agreement with Fresno County District Attorney's Office 9th Amendment to the Position Authorization Resolution No. 2022-153