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File Number: 19-248 <br />(2) Prosecution and court programs, including indigent defense. <br />(3) Prevention and education programs. <br />(4) Corrections and community corrections programs. <br />(5) Drug treatment and enforcement programs. <br />(6) Planning, evaluation and technology improvement programs. <br />(7) Crime victim and witness programs (other than compensation). <br />The JAG funding must be spent according to certain federal guidelines, including the following: <br />(1)Byrne JAG funds must be used to supplement existing funds for program activities and <br />cannot replace, or supplant, nonfederal funds that were appropriated for the same <br />purpose. <br />(2)Byrne JAG funds cannot be used to fund security enhancements or to purchase equipment <br />by nongovernmental entities not engaged in criminal justice or public safety directly or <br />indirectly. <br />(3)Byrne JAG funds cannot be used to purchase vehicles (excluding police cruisers), vessels <br />(excluding police boats), or aircraft (excluding police helicopters); luxury items; real estate; <br />or for construction projects, other than penal or correctional institutions. <br />(4)JAG funds can be used for state and local initiatives, technical assistance, training, <br />personnel, equipment, supplies, contractual support, and information systems for criminal <br />justice for any one or more of the following purpose areas: <br />1.law enforcement programs; <br />2.prosecution and court programs; <br />3.prevention and education programs; <br />4.corrections and community corrections programs; <br />5.drug treatment programs; <br />6.planning, evaluation, and technology improvement programs; and <br />7.Crime victim and witness programs (other than compensation). <br />The Police Department has a need for additional unmanned aerial system (UAS) equipment <br />(“drones”) to complement its current program. The department recommends the City Council <br />appropriate the JAG funding to purchase this software application, which satisfies the “technology <br />improvement program” purpose area listed above. <br /> <br />Legal Analysis <br />Litigation specifically involved a challenge to the Byrne JAG grant certification and eligibility <br />conditions primarily related to cooperation with Federal immigration enforcement authorities. In <br />summary, the court found that: 1) U.S. Code section 1373 is unconstitutional because it <br />commandeers state officials to carry out federal duties by requiring states and local governments <br />to share information about the citizenship status of individuals; 2) regardless of the <br />constitutionality of Section 1373, the law creating the Byrne JAG program and does not authorize <br />the Attorney General to require certification of compliance with Section 1373 as a condition of the <br />eligibility to receive the grant; and 3) even if the condition was permissible, both California’s and <br />San Francisco’s sanctuary laws comply with Section 1373. As a result of the case, the District <br />Court issued a mandamus ordering the Attorney General to disburse Byrne JAG funding it had <br />previously withheld because of failure to submit the required certifications (City & County of San <br />Francisco v. Sessions , 349 F. Supp. 3d 924, 974 (N.D. Cal. 2018).) <br />The holding that the State’s sanctuary law does not violate Section 1373 was recently affirmed in <br />Page 2 City of San Leandro Printed on 5/14/2019