Budget and Audit Committee Reviews Audit of Police Department's Sexual Assault Evidence Kits – September 5, 2023

The Sacramento City Council's Budget and Audit Committee met on September 5, 2023, from 3:03 p.m. to 4:08 p.m. to discuss a city auditor's audit of the Sacramento Police Department's (SPD) Property and Evidence Division regarding sexual assault evidence kits (SAE kits). The audit found that SPD had not complied with a state law requiring an inventory and reporting of untested kits collected before 2016, but was in full compliance with a separate law for kits collected after 2016. The committee heard public testimony, deliberated, and voted unanimously to accept the audit and forward it to the full City Council with additional directives.

Consent Calendar

• Approved the Budget and Audit Committee meeting minutes of May 9 and May 30, 2023.
• Accepted and forwarded the City Auditor's Activity Report for the 4th Quarter of FY2022/23.
• Accepted and forwarded the City Auditor's Recommendation Follow-Up Report for the six-month period ending June 30, 2023.
• Accepted and forwarded the Fiscal Year (FY) 2021/22 Sacramento City Employees’ Retirement System Annual Financial Report.
• Accepted and forwarded the FY 2021/22 Single Audit Report.

Public Comments & Testimony

• Kate Carpolo (public policy advocate, organizer of a work group on SAE kits): Expressed strong support for the audit and SPD's response, calling it a "model of positive and constructive response." She urged the committee to maintain oversight and noted that budget funds are available for follow-up testing. She emphasized that changes in technology mean even cases with a known perpetrator can yield DNA that helps solve other cases.
• Dylan Hoy Bianchi (public comment via phone): Strongly criticized SPD, stating the untested kits represent a failure of the police's core responsibility. He called the number of untested kits "sickening and unacceptable" and expressed disbelief at any suggestion of accountability, noting that the department had received budget increases.

Discussion Items

• Presentation by City Auditor Jorge Oseguera: The audit focused on two state laws – AB 3118 (requiring an audit of untested kits) and SB 22 (requiring testing of all kits collected after January 1, 2016). Key findings included:
  • SPD had not previously complied with AB 3118; no audit of pre-2016 kits had been conducted.
  • A statistical sample of pre-2016 kits found 21% untested, yielding an estimated 340 untested kits in the total pre-2016 population.
  • 100% compliance with SB 22: all 973 kits from 2016 onward were tested.
  • Recommendations included completing the required audit, reporting to the Attorney General, developing policies for regular audits and disposition, and seeking grant resources for testing.
  • SPD has already begun implementing many recommendations.
• Response by Police Chief Kathy Lester and Deputy Chief Steve Oliveira: The department concurred with all audit recommendations. They reported that as of the week before the meeting, 291 untested kits were identified (pre-2016). Approximately 20 of those were never sent to the crime lab; the others had been sent but not tested for various reasons. SPD is now reviewing each case individually to determine why testing did not occur and will re-examine whether testing is now viable. The department has assigned a retired sex assault detective to this review. Moving forward, all kits go directly from medical providers to the county crime lab, eliminating discretion.
• Committee Discussion and Concerns:
  • Vice Mayor Eric Guerra pressed for a clear timeline and an explanation of why the department failed to comply with AB 3118. He expressed concern that "unknown reasons" are insufficient and requested an annual report from the city manager on kit status.
  • Councilmember Karina Talamantes called the situation "completely unacceptable" and shared personal safety concerns. She asked why SPD did not apply for available grant funding and highlighted the potential for missed prosecutions.
  • Mayor Darrell Steinberg sought an accounting of the past, noting that hundreds of victims' kits sat untested between 2016 and 2020. He questioned the cost-benefit reasoning cited in the audit (testing is "expensive" with low success probability) and called it "implied bias." He stressed the need to determine if any serial offenders were missed.
  • Councilmember Mai Vang also demanded accountability, emphasizing that this is about people's lives and the need for the city to own and apologize for harm caused.
• Auditor's Closing Remark: Jorge Oseguera acknowledged that SPD did not hesitate to engage in solutions once the issue was identified.

Key Outcomes

• Motion passed unanimously (Members Guerra, Talamantes, Vang, Mayor Steinberg): Accepted the city auditor's audit of SPD's Property and Evidence Division – Sexual Assault Evidence Kits and forwarded it to the City Council for final approval.
• The motion included a directive for SPD to provide a timeline for completing the audit recommendations and reporting on the status of untested kits. This timeline is to be presented when the item goes to the full City Council.
• The committee also requested the city manager provide an annual report on the status of sexual assault evidence kits to ensure ongoing compliance.
• SPD has already initiated compliance steps: assigned staff to audit remaining kits, contacted the Attorney General’s office, designed a disposition policy, and is reviewing all untested cases for potential retesting.