TO: Board of Supervisors
FROM: Oscar Ortiz, Sheriff-Coroner
REPORT BY: Rollie Soria, Sheriff’s Administrative Manager
SUBJECT: Cash Donation and Budget Amendment for Investigative Tool
RECOMMENDATION
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Accept a cash donation from Operation Underground Railroad and approve a Budget Amendment to purchase the investigative software license GrayKey from Magnet Forensics to support forensic examinations of mobile digital devices, specifically for human trafficking cases. (Fiscal Impact: $30,498 Expense; $15,249 Revenue; Sheriff Asset Forfeiture Fund and General Fund; Not Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
In criminal investigations, forensic examinations of mobile digital devices are often needed. This is especially true in complex criminal investigations of human trafficking. To solve these and other cases involving mobile devices, law enforcement personnel must collect and analyze evidence that may be stored on the device. In the last ten years, mobile device manufacturers have encrypted the data on mobile devices if a pass or pin code has been set. Users are prompted to set a pass or pin code on new mobile devices, so most devices are locked. In today’s rapidly evolving technology driven world, that critical information is often impossible to access without the pass or pin code to the device or a mobile device lock bypass tool.
For the past several years, the Sheriff’s Office has relied on the Northern California Computer Crimes Task Force (NC3TF) for access to a mobile device lock bypass tool. Between their caseload and a change in the NC3TF mission, that resource is now less available to Sheriff’s Office investigators. The Sheriff’s Office has also been able to use a bypass tool located at the Napa Police Department (NPD). Both options are dependent on the availability and access to the bypass tool of the allied agencies. The reliance on allied agency’s bypass tool can delay investigations for days and even months. Faster access to this tool and the evidence recovered using its technology allows for the quick identification of suspects and the collection of evidence to assist the Sheriff’s Office in keeping the community safe.
From the Sheriff’s Office experience with this technology at both NC3TF and NPD, the Sheriff’s Office proposes to purchase a license for the GrayKey mobile device lock bypass tool from Magnet Forensics. Magnet Forensics is one of the leaders in digital forensic technology and is constantly upgrading the capabilities of the tool in the dynamic environment of mobile digital devices. This tool is heavily relied upon in the digital forensics part of law enforcement. The company is offering the Sheriff’s Office a pilot program that provides access to an unlimited use license of their tool for the price of their intermediate subscription of 125 mobile device unlocks.
The Magnet Forensics GrayKey tool will be used across the different divisions of the Sheriff’s Office, making it a versatile tool in the investigative process. The Napa Special Investigations Bureau, which has specialized training in human trafficking, will be able to use this tool to access mobile devices when investigating suspects involved in felony pimping and pandering cases. Investigators will also have access to this tool for a variety of cases, including murder cases, child pornography investigations, drug trafficking, etc.
Sheriff’s Office proposes to use the Non-Operating SRF Asset Forfeiture - Subdivision 1360053 for the purchase of a license to use the Magnet Forensics GrayKey tool at a cost of $30,498. The Asset Forfeiture Revenue Fund generates money when the Department participates in an arrest in which property is seized and forfeited to the local government entity, the money forfeited or the proceeds of sale, and any interest accrued thereon, shall be distributed to the state or local government entity according to Health and Safety Code Section 11469. The proceeds can be utilized to supplement, not supplant the Department’s expenses. The current fund balance available in the Non-Operating SRF Asset Forfeiture is $133,924. To offset a portion of the cost, a non-profit organization, Operation Underground Railroad (O.U.R) has offered to pay 50% ($15,249) of the price of the first-year subscription of the Magnet Forensics GrayKey tool. O.U.R. works with law enforcement to combat human trafficking and child exploitation and recognizes the importance of this tool in improving the efficiency and effectiveness of law enforcement investigations.
Access to the Magnet Forensics GrayKey mobile device lock bypass tool will increase investigation effectiveness, shorten investigation times, minimize the costs associated with investigations, and help in the Sheriff’s Office overall mission to keep Napa County safe. Between the generous donation from the non-profit organization Operation Underground Railroad and funds available to the Sheriff’s Office from the Asset Forfeiture Fund, this critical tool can be purchased without impacting the general fund.
Requested Actions:
1. Accept a cash donation in the amount of $15,249 from Operation Underground Railroad a nonprofit organization; and
2. Approve a Budget Amendment in the amount $30,498 increasing appropriations in the Sheriff’s Budget 1360000-53415 with offsetting revenues from the cash donation and available fund balance in the Non-Operating SRF Asset Forfeiture - Subdivision 1360053. [4/5 vote required]
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
It is not currently budgeted. A cash donation of $15,249 from Operation Underground Railroad will be deposited in Sheriff’s Budget 1360000. Available funds in Asset Forfeiture Revenue Fund 1360053 will be transferred to increase appropriations in Sheriff’s Budget 1360000-53415. |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Without this mobile device lock bypass tool, Sheriff’s Office willcontinue to rely on other agencies to investigate mobile devices.When time is of the essence in investigations, this reliance candelay the identification of suspects and the collection of evidencein cases involving human trafficking, drug trafficking, childpornography, etc. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Any future fiscal impact will be budgeted accordingly. |
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Consequences if not approved: |
If today’s actions are not approved, Sheriff’s Office investigation of mobile devices would continue to be hampered by the reliance on other agency’s mobile device lock bypass tool. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.