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Supervisors debate pretrial funding as Humphreys decision drives supervision demand

San Francisco Board of Supervisors Budget and Finance Committee · June 22, 2018
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Summary

Supervisors pressed sheriff and pretrial officials over a funding gap created after the Humphreys appellate decision shifted many defendants from cash bail to supervised pretrial release. Pretrial Diversion said it requested $1.7 million to expand to seven-day operations; the mayor proposed $1.2 million, which staff said would not support the planned expansion.

Chair Cohen and committee members spent significant time examining pretrial diversion and sheriff's budget requests after an appellate ruling—referred throughout the hearing as the Humphreys decision—changed how courts handle bail and increased referrals to supervision.

Nancy Rubin, CEO of Pretrial Diversion, said courts were increasingly assigning people to supervised pretrial release rather than expensive bail hearings. "Our request to the mayor's office was at 1.7," Rubin said, describing the program's $1.7 million ask to expand services to seven days a week. She told the committee the mayor proposed $1.2 million instead and warned that at that level the office would not be able to staff seven-day supervision.

Rubin described current capacity limits: eight case managers supervising about 1,200 people and a high-risk caseload ratio of roughly 1:45, far above the industry standard of 1:15. She said the additional funding would allow extended hours, weekend coverage and more intensive field supervision that could include residence checks and linkage to permanent treatment or housing.

Sheriff Hennessy described related operational strain on the Sheriff epartment, including a jump in electronic monitoring cases to more than 100 from about 25 pre-decision and ongoing encumbrances for materials and supplies. The sheriff highlighted a roughly $220,000 annual loss in fee revenue and said his department had added a health worker for pretrial warm handoffs and a reentry specialist to help people leaving custody.

Several supervisors, including Supervisor Stephanie and Supervisor Yee, urged full funding for pretrial expansion. Supervisor Stephanie said she did not support cuts to pretrial and argued properly funded supervision protects public safety while offering rehabilitation. Other supervisors and the Budget Legislative Analyst moderated the discussion by pointing to tight overall city resources and competing priorities.

The committee took no final vote on adding the remaining pretrial funds during the hearing and signaled it would address any add-back requests in the committee's subsequent process. Chair Cohen and members agreed to continue some related budget deliberations to the next meeting.

The issue remains a live budget question: Rubin and the sheriff pressed that the $1.7 million request would materially change services; the mayor llegedly funded $1.2 million in the proposed budget. The committee plans to revisit funding options during its add-back and rebalancing processes.