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ADOPT FINDINGS WHICH SUPPORT AND JUSTIFY AN EXCEPTION TO THE COMPETITIVE BID PROCESS AND AUTHORIZE PAYMENTS TO SAN JOAQUIN GENERAL HOSPITAL FOR MEDICAL EXAMS
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RECOMMENDATION
It is recommended that the City Council adopt a Resolution to:
1. Approve findings which support and justify an exception to the competitive bid process and authorize payments to San Joaquin General Hospital for the costs of providing medical examinations following a sexual assault, as required by California Penal Code section 13823.95 in an amount of $1,824 per exam; and
2. Authorize the City Manager to take appropriate actions to carry out the purpose and intent of the Resolution.
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Summary
When a victim has been sexually assaulted, a medical protocol must be followed so that evidence collected during the medical examination may be used in court. In San Joaquin County, the San Joaquin General Hospital has trained and qualified personnel to perform that medical protocol for law enforcement agencies throughout the County. Under Penal Code section 13823.95, the law enforcement agency in whose jurisdiction the crime took place is responsible for paying the costs associated with the sexual assault medical examination; currently, the cost of such an examination is $1,824. Funds for these examinations are incorporated into the Police Department’s annual operating budget.
DISCUSSION
Background
The law enforcement agencies in San Joaquin County established a Sexual Assault Response Team (SART) protocol for victims of sexual assault crimes. The protocol involves police personnel; representatives from the Women's Center of San Joaquin County who meet the victim and the victim's family at the hospital as well as accompany the victim during the medical examination and interview process; and specially trained doctors and nurses who have completed prescribed courses for such examinations. This protocol is critical to the preservation of evidence which may be used in criminal prosecutions.
Historically, the cost to provide the medical examination was borne by the County. However, in 2009, a decision was made by the County to invoke State law and charge the law enforcement agency in whose jurisdiction the incident occurred for the medical examination. In San Joaquin County, the specially trained doctors and nurses who have completed prescribed courses for such examinations are located at San Joaquin General Hospital. The SART, in conjunction with doctors at San Joaquin General Hospital, negotiated the price at $1,824 per examination.
The City Council, by motion, previously authorized payments to the San Joaquin General Hospital in the amount of $144,000 on June 25, 2013 (Motion No. 2013-06-25-1206), $158,000 on November 18, 2014 (Motion No. 2014-11-18-1210), and $158,000 on December 8, 2015 (Motion No. 2015-12-8-1207).
Present Situation
As stated above, Penal Code section 13823.95 requires the jurisdiction in which the assault took place to pay for the examination. The Stockton Police Department (SPD) averages between 80 and 100 examinations each year and includes funding in its annual operating budget request. The exact amount of the billing is based on the actual number of tests performed which can vary. All invoices are verified by the SPD’s Sexual Assault Sergeant prior to payment. A total of 48 examinations were completed between July and December 2017, which is consistent with the annual average. Staff recommends authorizing payments to San Joaquin General Hospital for the purpose of providing the required sexual assault medical exam.
Findings
Stockton Municipal Code Section 3.68.070 provides for an exception to the competitive bidding requirements in cases where the City Council has approved findings which support and justify the purchase via a sole source vendor. Proposed findings to support the authorizations of payments to San Joaquin General Hospital are as follows:
1. All law enforcement agencies agreed on a specific protocol for victims of sexual assault crimes to ensure consistency across jurisdictions which includes a standardized medical exam;
2. The SART protocol is critical to the preservation of evidence to be used in criminal prosecutions;
3. San Joaquin General Hospital employs specially trained doctors and nurses who have completed prescribed courses for sexual assault medical examinations; and
4. San Joaquin General Hospital has agreed to provide the required SART exam at the cost of $1,824.
FINANCIAL SUMMARY
Sufficient funding for these exams is included in the Police Department’s annual budget. In FY 2017-18, a total of $158,000 is included in the General Fund Police Investigations - Testing & Analysis Services (account number 010-2431-530). Annual allocations may vary based on the prior year average number of exams and total cost of the services incurred.