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Report # 02-342

August 27, 2002

SUBJECT:

Biological Evidence Freezer Project and Budget Modification #3

REPORT IN BRIEF

Approval is requested for Budget Modification #3 for project funding of $139,323 to purchase and install a new biological evidence freezer. This project will be funded from Asset Forfeiture Funds and the purchase of this freezer will alleviate existing space constraints for the handling and storage of biological evidence for the Sunnyvale Department of Public Safety.

BACKGROUND

The Santa Clara County District Attorney’s Office decided in 1996 to discontinue the inventory and storage of evidence at the Crime Lab for the surrounding law enforcement communities. In response to this decision, The City of Sunnyvale installed a biological evidence freezer in April 1996 for the Sunnyvale Department of Public Safety and this freezer is now at 100% capacity.

The Office of District Attorney in the County of Santa Clara has defined procedures for the handling and storage of biological evidence. The Crime Laboratory Manual outlines procedures The City of Sunnyvale Department of Public Safety must adhere to during the collection, handling and storage of evidence from crime scenes. Evidence is collected during the investigation of crime scenes (e.g. rape, murder, narcotics, burglaries, automobile hit-an-run, etc.) to aid in the identification and prosecution of criminals. The District Attorney’s Office mandates collected biological evidence be frozen (See Attachment A, Pages 35 and 36, Section B). This RTC requests this project be approved and funded so the City of Sunnyvale, Department of Public Safety will continue to meet the mandates of the County of Santa Clara, District Attorney’s Office.

EXISTING POLICY

Policy 4.1.A.3: Provide investigative services directed toward successful prosecution and conviction of criminal offenders.

DISCUSSION

Current capacity to store biological evidence requiring refrigeration is at maximum capacity. Additional storage space for DNA and blood borne pathogens is needed immediately to meet ongoing and future investigative needs. Investigative techniques and technology continue to advance at an aggressive rate increasing the amount of evidence that can be collected from every crime scene. The collection of evidence may contribute to the identification of a suspect involved in a current case or assist in linking a subject from another crime scene to previous criminal activities.

In addition to technological advancements, pending legislation is pointing in the direction of requiring agencies to maintain DNA evidence for longer periods of time and in more types of cases. Senate Bill 1342 allows convicted persons to have DNA re-sampling at any time throughout their incarceration, as opposed to storing DNA evidence until conviction only. Assembly Bill 2499 would require us to maintain all records and evidence related to domestic violence for 10 years (now it is only a 3-year period). It also extends the District Attorney's filing time for cases involving sexual abuse towards children, which means we would be required to hold evidence for up to 3 years without charges being filed. Normally, if the District Attorney doesn't file charges, we would dispose of the case.

DPS has an existing 120 square foot (10x10) Imperial Manufacturing freezer able to maintain a minus twenty (-20 ) degree temperature. DPS has identified a 552 square foot (23X24) freezer by the same manufacturer with the same operating specifications. Delivery of this unit will be two weeks from the point of order. The freezer is to be located within a secured area at the Sunnyvale Corporation Facility with a security and fire protection system installed. The physical installation of this equipment will take 3 months to complete.

Estimated operating expenditures for FY 2002/2003 are $11,800 and in FY 2003/2004 $15,800. Operating cost during the current budget cycle will be absorbed within the operating budget of Program 432. Staff will submit a request during the next budget cycle to include this expense for Program 432.

To meet the handling and storage requirements mandated by the County of Santa Clara District Attorney’s office, approval of this project provides DPS the ability to meet the immediate and future needs for the storage of biological evidence.

FISCAL IMPACT

Project cost for the biological freezer is outlined as follows:

Warranty for parts and labor on the freezer is for one year. Staff has forecasted $1,000 maintenance expenditure for the 2nd through 5th years of service for the freezer. In the 6th and 7th years, Staff projects this expense will increase to $1,500 per year for service to the condensers. Staff has estimated that the useful life of this freezer at seven years and replacement, if necessary, will be through alternative sources of funding.

BUDGET MODIFICATION NO. 3
FISCAL YEAR 2002/2003

Current Budget

Increase/(Decrease)

Revised Budget

Expenditures

Asset Forfeiture Fund

     

New Project – Evidence Freezer Purchase and Installation

0

$139,323

$139,323

Reserve

       

Asset Forfeiture

$681,075

($139,323)

$541,752

PUBLIC CONTACT

Public contact was made through posting of the Council agenda in public places, on the City's web page, and the publication of the general business/public hearing items in the San Jose Mercury News.

ALTERNATIVES

  1. Approve funding for project from Asset Forfeiture Funds.
  2. Do not approve funding for project from Asset Forfeiture Funds.

RECOMMENDATION

Staff recommends approval of Alternative 1.

Prepared by:

William P. Bielinski
Administrative Manager

Reviewed by:

Captain Chuck Eaneff
Program Manager

Reviewed by:

Chief Ernie Bakin
Director, Department Public Safety

Reviewed by:

Mary Bradley
Director, Finance

 

Approved by:

Robert S. LaSala
City Manager

Attachments

  1. County of Santa Clara, Office of the District Attorney, Crime Laboratory Physical Evidence Manual Pages 35 and 36 revised July 8, 1998.

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