BOARD OF

POLICE COMMISSIONERS

JOHNW. MACK PRESIDENT

ALAN J. SKOBIN VICE PRESIDENT

RICHARD OROOYAN ROBERT M. SALTZMAN DEBRA WONG YANG

MARIA SILVA COMMISSION EXECUTIVE ASSISTANT I

November 2, 2010

LC ANGELES POLICE COMM. SION

ANTONIO R. VILLARAIGOSA MAYOR

RICHARD M. TEFANK EXECUTIVE DIRECTOR

NICOLE C. BERSHON INSPECTOR GENERAL

EXECUTIVE OFFICE POLICE ADMINISTRATION BUILDING

1 DO WEST FIRST STREET, SUITE 134 Los ANGELES, CA 90012-4112

(213) 236-1400 PHONE (213) 236-1410 FAX (213) 236- 1440 TOO

BPC #10-0414

The Honorable Antonio Villaraigosa Mayor, City ofLos Angeles

The Honorable City Council CityofLos Angeles

City Hall, Room 303 c/o City Clerk's Office Los Angeles, CA 90012

Dear Honorable Members:

RE: TRANSMITTAL OF THE GRANT APPLICATION FOR THE 2010 BYRNE RAPE KIT BACKLOG ELIMINATION PROGRAM FROM THE NATIONAL INSTITUTE OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE

At the regular meeting of the Board ofPolice Commissioners held Tuesday, November 2, 2010, the Board APPROVED the Department's report relative to the above matter.

This matter is ~eing forwarded to you for approval.

Respectfully,

BOARD OF POLICE COMMISSIONERS

MARIA SILVA Commission Executive Assistant

Attachment

c: Chief.ofPolice

AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER www.LAPDOnfine.org wwwJotnLAPD.com

. 6QL~ID - O~I~ECE~VED ~A INTk. .. DEPARTMENTAL CORRESPONL. 3 CE OCT 25 2010

r~OLICE COMMISSION October 14, 2010 1.17

TO: The Honorable Board of Police Commissioners

4 (}A_fJrt'v FROM: Chief of Police

SUBJECT: TRANSMITTAL OF THE GRANT APPLICATION FOR THE 2010 BYRNE RAPE KIT BACKLOG ELIMINATION PROGRAM FROM THE NATIONAL INSTITUTE OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE

RECOMMENDED ACTIONS

1. That the Board of Police Commissioners (Board) REVIEW and APPROVE this report.

2. That the Board TRANSMIT the attached grant application, pursuant to Administrative Code Section 14.6(a), to the Mayor, Office ofthe City Administrative Officer (CAO), Office of the Chief Legislative Analyst and to the City Clerk :for committee and City Council consideration.

3. That the Board REQUEST the Mayor and City Council to:

A. AUTHORIZE the Chief of Police to ACCEPT the award of funds for the 201 0 Byrne Rape Kit Backlog Elimination Program in the amount of $500,000 for the period of October I, 2010, through March 31,2012, should funding be awarded from the National Institute of Justice, United States Department of Justice;

B. AUTHORIZE the Chief of Police to negotiate and execute the Cooperative Agreement, subject to City Attorney's approval as to form and legality;

C. AUTHORIZE the Los Angeles Police Department (LAPD) to submit grant reimbursement requests to the grantor and deposit grant receipts in Fund 339, Department 70;

D. AUTHORIZE the Controller's Office to establish a grant receivable in Fund 339 in the amount of $500,000;

I

E. AUTHORIZE the LAPD to establish an appropriations account to be determined within Fund 339, Department 70, for the disbursement of the 2010 Byrne Rape Kit Backlog Elimination Program;

The Honorable Board of Police Commissioners Page 2 1.17

F. AUTHORIZE the LAPD to spend up to the grant amount of$500,000 in accordance with the grant award agreement;

G. AUTHORIZE the Chief of Police or his designee to negotiate and execute either new agreements or to amend any agreements with contract laboratory service providers, subject to the approval of the City Attorney; and

H. AUTHORIZE the LAPD to prepare Controller Instructions for any technical adjustments, subject to the approval of the CAO, and AUTHORIZE and INSTRUCT the Controller's Office to implement the instructions.

DISCUSSION

The $500,000 award will allow the LAPD to reduce its backlog by 360 cases through the outsourcing of 300 sexual assault kits to the City approved contract laboratories for serological screening and DNA typing. In addition, 60 sexual assault cases will be serologically screened by the LAPD and potentially probative samples and exemplars will be outsourced to the City approved contract laboratories for DNA typing.

If you have any questions, please have a member of your staff contact Sr. Management Analyst Nancy Cammarata, Officer in Charge, Contracts and Grants Section, at (213) 486-03 80.

Respectfully,

~ CHARLIE BECK Chief of Police

Attachment

The 2010 Byrne Discretionary Award

Los Angeles Police Department

1. PROPOSAL ABSTRACT

The Los Angeles Police Department (LAPD) intends to reduce its backlog by 360 cases

through the outsourcing of 300 sexual assault kits to City approved contract laboratories for

serological screening and DNA typing. In addition, 60 sexual assault cases will be serologically

screened by the LAPD, potentially probative samples and exemplars will be outsourced to the

City approved contract laboratories for DNA typing.

Outsourcing will allow the LAPD time to concentrate on efficiency improvements within

the specialized Serology DNA Unit (SDU) of the Scientific Investigation Division (SID).

Analyst's time can be redirected to the validation of new equipment and analytical platforms. In

addition, new hires and recent promotions have allowed the SDU to expand its operation.

Outsourcing will allow time for the experienced DNA analysts to train the new analysts in

serological screening and eventually, DNA typing of forensic samples.

TABLE OF CONTENTS

1. PROPOSAL ABSTRACT .......... ........ ......... .................................................... ................................... ................ 1

2. PROGRAM NARRATIVE ............... .. .............. ................................................................................................. 3

PROBLEM STATEMENT .................................. . .... .. ... .... ..... ... . .. .. .............. . .............. .... ... . ...... . .. .-...... . ... .......... . .. .... . ..... .. 3 DATA COLLECTION PLAN ... .... ............ .. . .......... .............. .............. ...... .... .. . .... ...... . ... . .. ... .. ................................. .. .. .... .. 5 CASES IDENTIFIED FOR THIS A WARD WILL BE ENTERED INTO A MS EXCEL DATABASE THAT WILL BE OPERA TED AND

MAINTAINED BY THE OFFICE MANAGER OF THE SEROLOGY DNA UNIT (SDU) OF THE SCIENTIFIC INVESTIGATION .

D IVISION (SID). THE FOLLOWING INFORMAT ION WILL BE TRACKED, INCLUDING, BUT NOT LIMITED TO: DIVISIONAL

RECORD (DR) NO., REQUEST DATE, CRIME INVESTIGATED, CO DIS UPLOADS AND HITS. TN ADDlTION, CASEWORK

STAT ISTICAL DATA CAPTURE WILL BE MAINTAINED BY THE SID LABORATORY INFORMATI ON MANAGEMENT

SYSTEM (LIMS). CASES WILL BE ASSIGNED THROUGH THE LIMS. THE INFORMA TJON WILL BE AUDJT ABLE AND

ACCURATE, AND AVA ILA BLE FOR 3 YEARS AFTER THE AWARD END DATE .............. .. ............................... ....... · ......... .. 5

IMPLEMENTATION ......... ...... ................................. . ...... . ... .. .. ....................... . ......... . .. .... .. ............. .. .... .... ..... . ....... ... .. ... 6 DETAILED PLAN ..... . .... .. . .. ........ ...... ................................ ..... . ........ . .. ............ .. . ... ...... ... . ............................ ............. .. . .. 6

3. LIST OF KEY PERSONNEL ............ .......... .... .............................................................................................. .... 9

4. RESUMES OF KEY PERSONNEL ................ ......................................................... ... .................................... JO

S. LETTERS OF COOPERATION/SUPPORT ..................................... ............................................................. 11

6. CERTIFICATE OF ACCREDITATION ........................................................................................................ l2

2

2. PROGRAM NARRATIVE

Problem Statement

Although the LAPD's Scientific Investigations Division (SID) has been increasing the

capacity of its laboratory since 1993 when it first started offering DNA analysis, it must continue

its efforts in order to meet current and future demand. The SID is accredited by the American

Society of Crime Laboratory Directors Laboratory Accreditation Board (ASCLD/LAB). The

Serology/DNA Unit (SDU) of SID complies with the Federal Bureau of Investigation (FBI)

Quality Assurance Audit document by undergoing an external audit once every two years. The

LAPD is a National DNA Index System (NDIS) participant, in good standing, willing to upload

all eligible DNA profiles generated under this program into NDIS.

The current demand for screening and/or DNA typing services continues to exceed

capacity due to the increase in requests for DNA analysis. The LAPD, which had to investigate

26,517 Uniform Crime Reports (UCR), Part 1 violent crimes in 2008 (14.32 percent of State

total), has a current backlog that exceeds 2,000 cases. Currently, the LAPD's laboratory takes

approximately 115 days to analyze a forensic case from submission to delivery of DNA test

results. Criminalists in the SDU analyze an average of 16.8 DNA samples per analyst per

month.

Table 1

Requests for service for the Serology/DNA Unit 2003 through April 2010 Requests received 2004 2005 2006 2007 2008 2009 2010** Screen for bio logical evidence 702 702 657 794 866 1468 1725** DNA profi ling (in-house and 650 685 1034 1258 1426 1006 1272** contract) DNA samples examined 1922 2066 2252 2780 3050 3941* 4377** *In-house and outsourced **Projected from the first 4 Months of2010

3

Two developments are primarily responsible for the steadily increasing demand for DNA

analyses: the success of solving property crimes through DNA, and a greater ability to solve

crimes through "touch" DNA. "Touch DNA" is DNA that is left behind in trace amounts when

hands come into contact with an object.

Since detectives learned about the value of using DNA to solve property crimes through a

pilot program that the LAPD participated in, demand has increased. The results from the pilot

program have suggested that testing DNA evidence improves the likelihood that property crimes

will be solved. As a result, detectives at all 21 Areas of the LAPD are actively submitting

requests for the analysis of"touch" DNA.

"Touch" DNA samples can associate an individual with an evidence item by identifying

trace amounts of human DNA deposited through transfer from a hand to an object. Although a

specific body fluid source (such as blood, saliva or perspiration) can not be readily identified for

"touch" samples, fuil 13 locus profiles have been obtained through standard DNA typing

methods. Requests for the sampling of gun handles, weapons of blunt force trauma, steering

wheels, eyeglasses, etc. have increased due to the relative success in typing for "touch" DNA.

In addition, demand is expected to rise because of the increase in numbers of profiles that

are being uploaded into COD IS since the expansion of California Proposition 69, which was

implemented January 1, 2009. Proposition 69 requires all adult felony anestees in California to

provide DNA samples through cheek or buccal swabs. The DNA samples are then analyzed and

uploaded into the State Database Index System (SDIS). Because the numbers of profiles in

CODIS are increasing, more DNA "hits" or matches are likely to occur. As a result, Crimin<tlists

will have to analyze additional reference samples to verify the match, and perform additional

work on cases to prepare for trial.

4

Currently, the LAPD has 15 Criminalists that are qualified to analyze DNA and are

actively performing DNA analysis on casework. In addition, eight Criminalists will qualify to be

DNA analysts during calendar year 2010, eventually increasing throughput and reducing the

need for contract laboratory services. Ten Criminalists are qualified to screen evidence for body

fluids that may contain DNA (screeners). At least three additional screeners will qualify in the

calendar year 2010. The LAPD has hired an additional 10 criminalists in calendar year 2010.

Although these new hires will not be immediately qualified to perform casework analyses, they

can be quickly trained to send evidence out to contract laboratories for testing.

The LAPD will utilize contract laboratory services to reduce its existing backlog that

continues to grow due to an increasing demand for DNA analysis, while ensuring that its

Criminalists have the time to receive training and work on active cases. The LAPD will send

300 sexual assault cases to contract laboratories for both the screening and the DNA typing of

the samples that are deemed suitable for further testing. Because Criminalists will have the

opportunity to work on active cases, the number of cases that will become part of the backlog

will be fewer. In addition, the Criminalists will be able to receive and provide training during

their regular work hours, since the demand on their time will be reduced.

Analysis of DNA conducted under this grant will be maintained under all applicable

Federal privacy requirements.

Data Collection Plan

Cases identified for this award will be entered into a MS Excel database that will be operated and

maintained by the Office Manager of the Serology DNA Unit (SDU) of the Scientific

Investigation Division (SID). The following information will be tracked, including, but not

5

limited to: Divisional Record (DR) No., request date, crime investigated, CODIS uploads and

hits. In addition, casework statistical data capture will be maintained by the SID Laboratory

Information Management System (LIMS). Cases will be assigned through the LIMS. The

information will be auditable and accurate, and available for 3 years after the award end date.

Implementation

The LAPD will implement the program, upon receiving the award. The LAPD has DNA

analysis contracts with four accredited fee-for-service vendors (tluee of which will be utilized for

analysis funded through this award), that will allow it to better meet its outsourcing needs. As

part of the City contract, all contractors are required to have an approved Finding ofNo

Significant Impact (FONSI) on file for the National Environmental Policy Act (NEPA).

Detailed Plan

The following is a description of already identified bottlenecks and a plan to resolve them.

1. Bottleneck: DNA training for screening analysts.

Solution: Outsource 300 sexual assault cases for both, screening and DNA typing.

Assuming that approximately 100 cases will require DNA typing, this will create about

1500 hours (about 9 months of DNA analyst full-time equivalents) that can be used to

instruct screening analysts in DNA analysis. Additionally, the time required to screen

sexual assault kits, 300 at eight hours each, is approximately 1800 hours (about 11

months of screening analyst full time equivalents). The outsource funding covers the

time necessary for one DNA analyst to train two screening analysts in DNA typing.

(about six months of training for 2 students)

By utilizing a training progran1 designed through the joint efforts of the Los Angeles

Sheriffs Department and the LAPD at the Los Angeles Regional Crime Laboratory, the

6

_,

combined pool of instructors will be able to provide frequent training and will expand

expe1iise in different subject areas, increasing the overall efficiency of the program. This

program is designed to train an analyst (with serology screening experience) to be a fully

qualified DNA typing expert in approximately six months. It is anticipated that 8-10

analysts will be systematically trained over an 18 month pe1iod.

2. Bottleneck: Time necessary for performing the internal validations of new analytical

platforms. These validations are necessary for expanding capacity and improving upon

unit efficiency.

Solution: Outsource 60 pre-screened DNA cases to City approved contract laboratories.

This will create approximately 900 hours (about six months of DNA analyst full-time

equivalents) that can be dedicated to the internal validations of instruments and analytical

platforms. The validations will be performed in conjunction with City approved contract

service professionals specifically hired to assist and instmct in the validation of their

company's products.

1. Contractors can work with qualified LAPD analysts at accomplishing the validation

projects. This will enable the LAPD analysts to perform similar validations

independently on future endeavors.

2. The contractors can save the LAPD approximately two months of down time that

would ordinarily require the attention of two to four LAPD full time equivalents.

Time that should be spent in the direct analysis of casework. (Validation

Contracting- to be funded through the 2010 Backlog Reduction grant.)

7

All together, the Byrne Discretionary Award will assist the LAPD with the training of two DNA

analysts and the validation of DNA instruments and analytical platfmms by funding casework

outsourcing to approved contract vendors. This will benefit the LAPD by improving the

efficiency and capacity ofthe Serology DNA Unit.

8

BUDGET NARRATIVE

The 2010 Byrne Discretionary Award

Los Angeles Police Department

The Los Angeles Police Department (LAPD) intends to use $500,000 in awarded funds to

continue contract services for the analysis of forensic DNA samples.

Consultants/Contracts

Funding will be utilized to obtain contract laboratory services at a cost of $500,000. The

LAPD will send approximately 300 sexual assault evidence kits to 3 contract labs. The median

price per kit is approximately $1,127 to screen, and then subsequently perform DNA typing on

the samples which may contain foreign DNA (approximately one-half are negative for a foreign

body fluid and do not need DNA typing). The remaining funds will be used to outsource

samples that have been pre-screened by the LAPD for subsequent DNA typing. 60 pre-screened

sexual assault cases with approximately 4 samples per case will be sent out to contract

laboratories at ~m approximate cost of $650 per sample.

The LAPD will utilize the following contraCt laboratories for the outsourcing of

casework:

Orchid Cellmark, Inc. - Contract #113413-SAl expiration 1/31110

The Bode Technology Group, Inc. - Contract #113411-SAl expiration 5/31/10

AIBioTech (Fairfax Identity Laboratories) - Contract #113414-SAl expiration 5/31/LO

All three contracts are in the process ofbeing extended for another year as part of the original

contractual agreements. The supplemental contractual agreements will be as follows:

Orchid Cellmark, Inc.- Contract #113413-SA2 expiration 1/31/11

The Bode Technology Group, Inc.- Contract #113411-SA2 expiration 5/31111

AIBioTech- Contract #113414-SA2 expiration 5/31/11

Additionally, the LAPD is beginning the process of seeking competitive bids for new contract

laboratories that will be in place prior to the expiration of the one-year extensions of the existing

contracts. All three existing DNA analysis contracts were acquired through a competitive bid

process. All three of the contract laboratories have an approved Finding of No Significant Impact

(FONSI) on tile for the National Environmental Policy Act (NEPA).

2

Budget Detail Worksheet

Purpose: The Budget Detail Worksheet may be used as a guide to assist you in the preparation of the bud_get and budget narrative. You may submit the·· budget and budget narrative using this form or in the format of your choice (plain sheets, your own form, or a variation of this form) . However, all required information (including the budget narrative) must be provided. Any category of expense not appl icable to your budget may be deleted.

A. Personnel--List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization.

Computation

I Nome/Position I Amo,nt per "nit I I define "nrtJ I • "n'" !" lndlvrd,als I I ~f'

Note - In the# of units column - you can display the entry as a % or a number. To change between numbers and perccentage­select the cell- then click on FORMAT, then CELL, then NUMBER- then select number or percentage

TOTAL $0.00

B. Fringe Benefits- Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are for the personnel listed category (A) and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Workman's Compensation, and Unemployment Compensation .

Employer's FICA Retirement Uniform Allowance Health Insurance

Amount of Personnel for

- -- --'' ' ~·· ·:

.: .. ·· ~

I.' . ~:~

c . "'>-·· ··: .. , '·!'

%of Amount of Personnel

0% 0% 0% 0%

Additional computation

-

$0.00 $0.00 $0.00 $0.00

00 00 00 ~~

0 0 c) ~

0 0 0 ~

C. Travel- Itemize travel expenses of project personnel by purpose (e.g. , staff to train ing, field interviews, advisory group meetings, etc. Show the basis of computation (e.g., six people 3-day training at $X airfare, $X lodging, $X subsistence). In training projects travel and meals for trainees should be listed separately. Show the number of trainees and unit cost involved. Identify the location of travel, if known. Indicate source of Travel Policies applied , Applicant or Federal Travel Regulations.

("'pose ofT•avel I

I I

Location It• --

Airfare Hotel Meals

§ Airfare Hotel Meals

Computation Cost # lndivid

$0.00 0 $0.00 0 $0.00 0

$0.00 0 $0.00 0 $0.00 0

# Niahts/D ~

#T' Cost 1 1 $0.00 1 1 $0.00 1 1 $0.00

1 1 $0.00 1 1 $0.00 1 1 $0.00

TOTAL $0.00

D. Equipment-- List non-expendable items that are to be purchased . (Note: Organization's own capitalization policy for classification of equipment should be used. Expendable items should be included in the "Supplies" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project. Attach a narrative describing. the procurement method to be used.

Computation Item Cost per Unit #Units Cost

$0.00 $0.00 $0.00

TOTAL $0.00

E.-Supplies--List items by type (office supplies, postage, training materials, copying paper, and other expendable items such as books, hand held tape recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the course of the project.

Supply Items Computation Cost per unit # Units Cost

~ -- -~- I -1 --- I I TOTAL

$0.00 $0.00 $0.00

$0.00

F. Construction-- As a rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Consult with the program office before budaetina funds in this cateaorv.

Purpose Description of Work Cost [NIA I I Notaii0Wa6ie under these awards I l$0.00 --]

TOTAL $0.00

G. ConsultantsiContracts- Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisitions

Consultant Fee: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Consultant fees in excess of $450 per day require additional justification and prior approval from OJP.

Computation Name of Consultant Service Provided Cost per unit (define unit) #Units Cost

$0.00 $0.00

Subtotal $0

Consultant Expenses: List all expenses to be paid from the grant to the individual consultant in addition to their fees (i.e., travel, meals, lodging, etc.)

Computation Item Location Cost per unit (define unit) #Units #Individuals Cost

I --l 1- I I I ·- ----I I : I - ~~-~ Subtotal $0

Contracts: Provide a description of the product or services to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of $100,000.

Item Vendor Service Provided Cost Biological Samples Orchid Gel/mark Diagnostics DNA analysis $200,000 Biological Samples Fairfax Identity Laboratories DNA analysis $100,000 B_ic)logicaf Samples Bode Technology, Inc. DNA analysis $200,000

Subtotal $500,000

CONSULTANTS{ CONTRACTS TOTAL$500,000

I H. Other Costs-- List items (e.g., rent, reproduction , telephone, janitorial or security services, and investigative or confidential funds) by major type and th€1

.. Q2sis-.g.q.J:1~--C-9m~ati~J:--S,X-amp!e.,-{X0V~0e--the-s.qJJ.a.re-..fQQt.age.~~e.-£.9..~~~-+e~-PW¥itJe. a monthly rental cost and how many months to rent.

Description Compu~tion

Costperunrt define unit) #Units Cost $0.00 $0.00

TOTAL $0.00

I. Indirect Cost-Indirect costs are allowed only if the applicant has Federally approved indirect cost rate. A copy of the rate approval, (a tully executed, negotiated agreement). must be attached. If the applicant does not have an approved rate, one can be requested by contacting the applicant's cognizant Federal agency, which will review all documentation and approve a rate for the applicant organization, or if the applicant's accounting system permits, costs may be allocated in the direct costs categories.

Description Computation $0.00 1%

Cost $0.00

TOTAL $0.00

Budget Summary--When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total costs and the total project costs. Indicate the amount of Federal requested and the amount of non-Federal funds that will support the project.

Budget Category Amount --------------------~A~- ~P~~r~ -- .~

B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Construction G. Consul~nts/Contracts H. Other

To~l Direct Costs I. Indirect Costs

$0.00 $0.00 $0.00 $0.00 $0.00 $500,000.00 $0.00 $500,000.00 $0.00

TOTAL PROJECT COSTS

Federal Request Non-Federal Amount

$500,000.00

l$soo,ooo.oo I $0.00

NOTE: If a Non-Federal amount is entered, make sure those items for which they will be used must be incorporated into your overall budget. Indicate clearly throughout you budget narrative and detail worksheet for which items these funds will be used.