Item 09: Interlocal Funding Agreement with Hays County Related to Drug Evidence Testing

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COSM_Admin

Administrator
Staff member
Consider approval of Resolution 2022-02R, approving an Interlocal Funding Agreement with Hays County relating to the testing of drug evidence by the Texas Department of Public Safety; authorizing the City Manager or his designee to execute the agreement on behalf of the City; and declaring an effective date.
 

MBaker

Council Member
Since we've had this contract, how often have they missed their 30 day commitment?

What types of drugs are we using this on and what are the outcomes?
Of the 100+ tests we paid for last year, are we able to parse out the percentage of each (marijuana, cocaine, heroine, meth, etc)?
We're testing drugs presumably to find out how much of the drug there is and what type of drug it is, right?
Are we always right, or has this helped prove people innocent of having some other substance?

What is done with the drugs once they are tested by DPS?

Why does TXST pay so little? My assumption would be that some of the cases we're paying involve TXST students.
Do they just pay for things found in dorms or on campus, but not other identified "student housing"?
 

COSM_Admin

Administrator
Staff member
Response provided by Chase Stapp, Director of Public Safety:
Since we've had this contract, how often have they missed their 30 day commitment?
My understanding is that this will be a new contract designed to improve upon what would be considered the “normal” turnaround time for these lab tests. The DPS crime lab provides these services for agencies across the state, but they are backlogged and the time it takes to get results can delay justice proceedings. In order to achieve faster turnaround times, we previously entered into an agreement with Hays County and the other law enforcement agencies in the county to essentially cover the cost of an additional chemist at the Austin PD crime lab. That chemist was dedicated to Hays County cases, so the turnaround times on analysis could be guaranteed. About four years ago, APD cancelled that agreement citing increasing demands on their own local workload. This agreement with the DPS lab is designed to work much the same way as the one did with APD in that the collective Hays County funding will be used to fund a chemist that could be dedicated to only Hays cases.

What types of drugs are we using this on and what are the outcomes? All felony drug cases filed with the Hays County D.A. require a lab analysis to confirm the presence of an illegal substance before prosecution. The most common examples we see locally are marihuana, cocaine, methamphetamine and a few others. Staff would have to complete a manual analysis of drug cases filed in order to provide a frequency of a seized substances being determined by the lab to not contain illegal substances. This would be extremely time consuming and could not be accomplished before this meeting.
Of the 100+ tests we paid for last year, are we able to parse out the percentage of each (marijuana, cocaine, heroine, meth, etc)? Not without diverting staff from an already overburdened workload.
We're testing drugs presumably to find out how much of the drug there is and what type of drug it is, right?
This is partially correct. The lab does not provide a quantity in weight but rather confirms the presence or lack thereof of one or more controlled substances. The weight is determined by our staff using calibrated scales.
Are we always right, or has this helped prove people innocent of having some other substance? There have been times when a person has been arrested for possession of a particular substance and the lab could not confirm the identify of the substance as one being controlled. However, the frequency of this happening is very small. Our officers are equipped with field testing kits that allow them to conduct a presumptive test in the field on the most common controlled substances. While these tests are not admissible in court like a true lab test would be, they do help cut down on someone being charged with possessing the wrong substance.

What is done with the drugs once they are tested by DPS? When the lab is finished with their testing, the evidence is brought back to the SMPD evidence storage area until the case is finally adjudicated. Once that happens, the department’s evidence staff petition the court for permission to destroy the evidence. This is done with a court order called a destruction order. After a destruction order has been signed by a judge, evidence can be destroyed, typically via the use of a medical incinerator.

Why does TXST pay so little? My assumption would be that some of the cases we're paying involve TXST students. The cost share is based upon the size of the agency in sworn officer count. The assumption here is that smaller agencies will file fewer cases requiring analysis.
Do they just pay for things found in dorms or on campus, but not other identified "student housing"? The intent would be for their share to cover all of the cases they file regardless of where the incident occurred.
 
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