title
Approve a contract with Sicuro Data Analytics, LLC for the period of June 17, 2024 through April 30, 2026 for an amount not to exceed $440,000 for data analysis services related to the Racial Justice Act; Delegate authority to the County Administrator to execute the contract and any subsequent amendments, with County Counsel concurrence, up to an annual aggregate of $74,999; and Approve an Appropriation Transfer Request of $175,000 to fund phase 1 of the contract, offset by salary savings
body
Published Notice Required? Yes ____ No __X_
Public Hearing Required? Yes ____ No __X_
DEPARTMENTAL RECOMMENDATION:
The District Attorney recommends that the Board of Supervisors:
1. Approve a contract with Sicuro Data Analytics, LLC for the period of June 17, 2024 through April 30, 2026 for an amount not to exceed $440,000 for data analysis services related to the Racial Justice Act;
2. Delegate authority to the County Administrator to execute the contract and any subsequent amendments, with County Counsel concurrence, up to an annual aggregate of $74,999; and
3. Approve an Appropriation Transfer Request of $175,000 to fund phase 1 of the contract, offset by salary savings.
SUMMARY:
In September 2020, Governor Newsom signed AB 2542, the Racial Justice Act (now codified as Penal Code §745) which provides remedies to defendants who allege and prove disparate treatment based upon race, ethnicity, or national origin. Obtaining and analyzing appropriate data is remarkably difficult and time-consuming, and many District Attorney’s Offices have begun working with groups that have significant experience in conducting complicated empirical analyses of raw computer data. These niche businesses have come to recognize that accurate data mining requires identifying “otherwise similar” defendants, and then conduct a comparison of prosecutor choices for these individuals.
In order to fairly, objectively, and comprehensively analyze the District Attorney’s historical data, it is being recommended the Board approve a contract with Sicuro Data Analytics to provide statistical analysis of criminal charging and outcomes for compliance with the Racial Justice Act. The work will be performed in three phases. Phase 1 is an audit by Sicuro of existing data in the Solano County District Attorney’s case management system. Phase 2 involves backfilling any missing data from the case management system by using publicly accessible data from the Solano County courts. Phase 3 involves Sicuro conducting empirical analysis through an Average Outcomes Analysis and an Outlier Analysis.
FINANCIAL IMPACT:
The total cost for Sicuro Data Analytics contract for the period June 17, 2024 through April 30, 2026 is $440,000. It is expected that Phase 1 will take up to six months to complete. Phase 2 is expected to take up to six months to complete. Phase 3 is expected to take up to 10 months to complete. Funding for this contract was identified in the District Attorney’s FY2023/24 Midyear through salary savings and it is being recommended that an Appropriation Transfer Request is approved to fund Phase 1 of contract, $175,000, offset by salary savings. There is $230,000 included in the FY2024/25 Recommended Budget to fund Phase 2 and most of Phase 3. The remaining $35,000 will be included in the FY2025/26 Requested Budget.
DISCUSSION:
In September 2020, Governor Newsom signed AB 2542. The Racial Justice Act (now codified as Penal Code §745) provides remedies to defendants who allege and prove disparate treatment based upon race, ethnicity, or national origin. To establish disparate treatment, petitioners look to “statistical evidence or aggregate data [that] demonstrate a significant difference in seeking or obtaining convictions or in imposing sentences comparing individuals who have committed similar offenses and are similarly situated, and the prosecution cannot establish race-neutral reasons for the disparity.”
It is incumbent upon prosecutors to ensure that the data relied upon in this process compares “similar offenses” and individuals who are “similarly situated.” These critical components represent the most difficult for District Attorney’s Offices to measure as these categories have the potential to produce considerable ambiguity in discerning appropriate comparisons between defendants and cases.
Obtaining and analyzing appropriate data is remarkably difficult and time-consuming, and many District Attorney’s Offices have begun working with groups that have significant experience in conducting complicated empirical analyses of raw computer data. These niche businesses have come to recognize that accurate data mining requires identifying “otherwise similar” defendants, and then conduct a comparison of prosecutor choices for these individuals.
In order to fairly, objectively, and comprehensively analyze our historical data, the Solano County District Attorney’s Office requests approval to enter into a contract with Sicuro Data Analytics. Sicuro Data Analytics is comprised of a team of experts that specialize in complex data and analysis in numerous professional capacities-including several District Attorney’s Offices in California. Since the passage of Penal Code §745, Sicuro Data Analytics began working with several District Attorney’s Offices within the state to assist in the complex analysis needed to ensure the fairness within the prosecutorial function.
Through work with other District Attorney’s offices, Sicuro Data Analytics has identified and addressed many of the complications that are involved in extracting and analyzing data from case management systems, learning office processes/systems, and quantifying missing/corrupted data. Extracting and analyzing case data from the Solano County District Attorney’s Office will be challenging. Case data currently is comprised of information migrated between past and current case management systems. Experience has shown that data from some of the past case management systems is incomplete, inaccurate, or contained in varied digital fields. It is expected that this process will be an exacting undertaking and as such it is well beyond the current capabilities of office staff.
Access to this type of data and analysis will enable the Solano County District Attorney’s Office to produce data and statistical analysis to ensure equitable and fair treatment within prosecutorial decision-making process and will enable this office to accurately and quickly respond to court petitions. This data will also provide a measurable outcome in the form of analysis that can be distributed to stakeholders, which will promote understanding of the criminal justice system in Solano County.
Ultimately, access to accurate data assists in ensuring equitable and fair treatment under the law regardless of race, ethnicity, or national origin, and may provide trajectory analyses to identify which prosecutorial options work to reduce recidivism. For all prosecutors, assuring equal treatment to all persons under the law is of the utmost importance. It is the cornerstone of the American criminal justice system. This contract will enable access to data and reports so that the District Attorney’s Office can evaluate its own performance and provide the community with verifiable information that will enhance their trust in the criminal justice system.
The work will be performed in three phases. Phase 1 is an audit by Sicuro of existing data in the Solano County District Attorney’s case management system. The database files are ingested by Sicuro, with the data being converted in the flat files (csv format). The flat files are used to reconstruct the case management system in a manner that allows for use in conducting statistical empirical analysis. The data is then reshaped at the case-defendant level. An audit report will be issued that outlines the steps taken to construct an analytically usable database and what will be needed to backfill missing content to develop a comprehensive data set. Phase 2 involves backfilling any missing data from the case management system by using publicly accessible data from the Solano County courts. Data from the courts will be formatted and backfilled into the data that was collected in Phase 1. A Phase 2 Data Audit Report will be issued that describes the completeness of the data after backfilling with the court’s data. Sicuro will then create code that will allow the Solano County District Attorney’s case management system to be updated with this data. Phase 3 involves Sicuro conducting empirical analysis through an Average Outcomes Analysis and an Outlier Analysis. The Average Outcome Analysis will seek to determine whether disparities exist in charging practices and case outcomes. The Outlier Analysis will seek to generate a “norm” with regards to charging and sentencing practices, accounting for the differences that arise due to crime type, requested charges, defendant age, and criminal history. A report will then be issued that reports any findings that the analyses discovered.
ALTERNATIVES:
The Board of Supervisors could choose not to approve this contract, or direct staff to consider other options and return with new recommendations. However, this alternative is not recommended as compliance with the Racial Justice Act is mandated by law.
OTHER AGENCY INVOLVEMENT:
County Counsel has approved the contract as to form.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION