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HomeMy WebLinkAbout5322 RESOLUTION NO. 5322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ENDORSING THE DISTRICT ATTORNEY'S NARCOTIC ENFORCEMENT PROGRAM WHEREAS, street drug dealers are the target of a major crackdown announced recently by the District Attorney; and WHEREAS, the citizens of Los Angeles County expect street drug dealers to be incarcerated. This message must be conveyed to all in the justice system, WHEREAS, calling for a change in the pattern of lenient sentences for street drug dealers, the District Attorney instituted the program set forth below and in Exhibit "A" attached as part of this Resolution: 1. State Prison, Sentences, for Street,Drug,Dealers. In cases of possession for sale or sale of cocaine, heroin, or PCP, the District Attorney shall seek the maximum appropriate state prison sentence. On all cases of possession for sale of cocaine, heroin, or PCP, or sale of cocaine or heroin, where probation is legally permissible and which are first offenses involving nominal quantities, the District Attorney shall urge the sentencing judge to impose a suspended mid-term state prison sentence with, at the minimum, six to twelve months in county jail as a condition of a three-year probationary grant. -1- 5322 On all subsequent cases involving the above described offenses, the District Attorney shall urge sentencing judges to impose immediate state prison sentences. 2. No, County Parole, for, Street Drug Dealers. In any drug case of possession for sale or sale where the defendant is sentenced to county jail, the District Attorney shall urge the court to order that the defendant is ineligible for parole, 3. No, Bail,for,Repeat, Street, Drug Dealers. Whenever a defendant is on probation for sale or possession for sale of narcotics and a petition for violation of probation is filed, it is the District Attorney's position that the defendant be held without bail until disposition of the case. The District Attorney's Office is also asking that: Special Narcotic Courts be established - courts which are devoted exclusively to cases involving street drug dealers. Special probation Violation Courts be set aside to hear petitions for violation of probation. In this connection it is their aim to develop expedited procedures remanding the probation violator immediately to state prison. Bail be substantially increased for defendants charged with dealing narcotics. Presently many of these dealers are getting out of custody on a $5,000.00 bond which -2- 5322 means they are out on the street in a matter of hours after their arrest by simply giving $500.00 to a bail bondsman. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Arcadia does hereby endorse the District Attorney's program which is aimed at cracking down on street drug dealers as set forth herein. Passed, approved and adopted this 16th day of September, 1986. llJ(}17;9ifpF~1~ a or 0 e Cl 0 Arc dla ATTEST: ~~.~ City Clerk of t e Clty of Arcadla STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5322 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council on the 16th day of September, 1986 and that said Resolution was adopted by the following vote, to wit: AYES: Counci:!-man-Chan-ql~i,' Gilb, Harbicht, Lojeski and Young - .' - NOES: None .-,--- - "'c.__"~ --- - -; :~:~~'- '-'C/, ~~ ."--~ ". - ...f -C\ ; :,'- ':'''':,.>,~ '"--:. .":'.~:- ....-.,"'.-:-~ -~~'~~~~;-;;J,~~:_ .... J',.__ '~ City Clerk of the City of Arcadia ABSENT: None -3- 5322 OFFICE OF THE DISTRICT ATTORNEY COUNTY OF LOS ANGELES 18000 CRIMINAL COURTS BUILDING 210 WEST TEMPLE STREET LOS ANGELES, CALIFORNIA 90012 (213) 974-3501 IRA REINER DISTRICT ATTORNEY August 15, 1986 Chief Neal Johnson Arcadia Police Department Post Office Box 60 Arcadia, California '91008 Dear Chief Johnson: In response to the growing crisis of drugs within our communities, the District Attorney's Office has embarked upon a tough program aimed at the street dealers. It is these street dealers of narcotics who have taken over many neighborhoods and are providing easy access to drugs. The result, as all of us in law enforcement are aware, is an increase in violence and theft. The District Attorney's Office will be demanding that first-time drug dealers receive a minimum of six months to one year in county jail as a condition of probation. All repeat offenders must be sentenced to the state prison. Enclosed for your information is a Special Directive to all deputy district attorneys setting forth the new policy in more detail. The battle against the street dealers must be a cooperative effort. A large number of the dealers have been found to be on probation. Pursuant to Penal Code Section 1203.2, any peace officer may arrest a probationer who is in violation of the terms and conditions of his probation. I encourage you to work with your local District Attorney Head Deputy and Deputy-in-Charge in identifying, monitoring and filing on such drug dealers. We realize that our policy will not solve the drug problem. We believe, however, that it will have a measurable significant impact on street dealing. With all law enforcement working together, the quality of life of the law abiding citizens can be improved. V"y /ii' U!t{EINE{ District Attorney kms enclosure EXHIBIT "A" ~ Sr~CIA~ DIF-ECTIV~ 86-]0 TO: FROM: ALL DEPUTY DISTRICT ATTORNEYS IRA REINER Ifa 1, District Attorney or SUBJECT: DATE: NARCOTIC ENFORCEMENT PROGRAM AUGUST 18, 1986 There is little that can be said about today's drug problem that has not been said before. Law enforcement statistics and the popular press have chronicled the unprecedented rise in drug related crime. Fifty percent of all our felony cases are actual drug cases and as many as one half of our remaining cases are drng motivated. Yesterday's record seizure of drugs pales in comparison to today's seizure. I share your concern and the community's frnstration as we witness on a daily basis the tragic consequences of drng abuse. I sense that many in the criminal justice system have lost hope that they can make any difference - that the drng problem is so great that it has simply overwhelmed the system. A recent survey by our office of the sentences handed out to street dealers revealed that these people receive among the lowest sentences of all convicted felons. In the Central Division, where we experience the highest volume of cases, the typical sentence for someone who sells cocaine on the streets is "time served" which often amounts to only a couple of days. Such lenient sentences do not befit the crime, do not deter further criminal conduct and do not serve justice by anyone's measure. Drug trafficking, as large as it is, is not overwhelming, it is not inevitable and it need not be tolerated. Ours Is a society that reacts to crises. That is when we tend to be at our best. The notion that drngs are a victimless crime has, by tragic examples that have touched many lives, been thoroughly - and permanently - discredited. The entire community is, at long last, galvanized against the problem. People are ready to do something about narcotics and I believe that we in the Los Angeles District Attorney's Office can lead the way. The criminal justice system has tried to solve the drug problem by focusing Its attention on large scale drug dealers. Obviously, if we can put the major suppliers in jail and out of business, we can have a significant impact on drng trafficking. Clearly, this effort must continue. We need to step up efforts to reduce the supply of drugs at the source country. We need to interdict the smuggling of drngs at our borders. We need to shut off the financing of major drug operatioJlS by money laundering through legitimate financial institutions. And we need to put major drng wholesalers away for such lengthy terms that we only have to deal with them once. ~ However, having said all that, I believe that the almost total focus on the "big picture" has caused the criminal justice system to give short shrift to an equally essential part of the drug trafficking picture - the street dealer by whose hands the vast majority of drugs are distributed. The SCHlalled small street dealer is, in reality, part of a large, complex drug dealing operation and should be treated as such. In the central district of Los Angeles alone, we have identified 154 street locations where repeat narcotic trafficking exists. At each location, at any time, there are from 5 to 20 street dealers. Citizens cannot walk on the sidewalks without being accosted and asked to buy drugs. A car slows down and is immediately surrounded by dealers eager to sell. Children cannot walk to school without being asked to spend what money they may have to buy drugs. Gangs move in to claim better street corners as their turf. Shootings and killings result. These street dealers, when arrested, invariably possess only very small quantities of drugs - thus the mythology that they are "small time." 'The fact is, of course, that the dealer stations himself on a street corner, or in a park, with only a sufficient quantity of drugs on his person for a single sale. However, he maintains a "stash" of a larger quantity of drugs a short distance away and employs a "runner" to keep him supplied from his stash after each sale. Why does he go to these lengthsT Because he knows that if he is carrying only a very small quantity of drugs when he is arrested he will receive lenient treatment. The time is right for the criminal justice system to awaken to the importance of the street dealer in the overall picture of drug dealing. It is abundantly clear that the incredibly lenient sentences that we are seeing fosters and encourages wide-open drug dealing on the streets. In order to change this pattern of lenient sentences what we in the District Attorney's Office must do is say that we have had enough and Ill.l:1lD U! . Today I am instituting the start of a new program for the Los Angeles District Attorney's Office which is aimed directly at the street dealers. What I am seeking from the courts is a dramatic shift in sentencing policy. People who stand out in the street openly dealing drugs belolll!: in jail - first offense, no exceptions. I realize that this policy will meet with considerable opposition. We can expect the criticism that it will add to the overburdened court system and the jail overcrowding problem. Implicit in this criticism is the notion that narcotics are not as important as other cases and that the courts and jails should be reserved for the more serious cases. In the most profound sense of the word, as we see the mounting evidence of the havoc that drugs have wreaked, drug cases W serious. Indeed they should be treated as among our most serious cases. Therefore, we will not accept the excuses that there are not enough courts or enough jail cells as a reason for turning drug dealers loose. Accordingly, within the requirements of the felony case settlement policy (Legal Policies Manual VII. E.), the following policies are to be immediately implemented: -2- . ~ 1. &tllte Prison Sentences For Stre~t DMJV X>~alers In cases of possession for sale of cocaine, heroin, or PCP, or sale of cocaine or heroin, deputies are to seek the maximum appropriate sentence. On all cases of possession for sale of cocaine, heroin, or PCP, or sale of cocaine or heroin, where probation is legally permissible and which are first offenses involving nominal quantities, deputies are to urge the sentencing judge to impose a suspended mid-term state prison sentence with, at the minimum, six to twelve months of custody time as a condition of a three-year probationary grant. On all subsequent cases involving the above described offenses, deputies are to urge sentencing judges to impose state prison sentences for the appropriate term as dictated by surrounding factors. 2. No .Cquntv Parole For Str~et DmV Dealers In any case of possession for sale or sale where the defendant is sentenced to county jail, deputies shall urge tn"e court to order that the defendant is ineligible for parole. 3. No Bail For Reoeat Str~~~ DMlV De~er..s Whenever a defendant is on probation for sale or possession for sale of narcotics and we file a petition for violation of probation, it is our position that the defendant be held without bail until disposition of the case. In addition to these disposition policies we shall be seeking from the court additional tools in our efforts to obtain appropriate sentences for street dealers. 1. Soecial ~m:c9tic Q9urts For Street Dnut. DeQ)~~ We are asking that special narcotic courts be established - courts which are devoted exclusively to caSes involving street drug dealers. 2. SD~iH1. .Probation ViolatiQtJ Courts For. Str~et Drnv pealws We are asking that special courts be set aside to hear petitions for violation of probation. In this connection it is our aim to develop expedited procedures remanding the defendant to state prison for his violation of probation. 3. lnereased ijail F~ rSv~et DIVV De~lef':S We are asking that the bail for defendants charged with dealing narcotics be substantially increased. Presently many of these dealers are getting out of custody on a $5,000 bond; that means for a $500 bail premium they are out on the street in a matter of hours after their arrest. -3- ~ We will request that the bail be raised to recOgnize the-serious nature of the crime and the substantial risk to public safety posed by the street dealer's continuing presence in the community. I have already met with all Head Deputies responsible for the prosecution of drug offenses. I have made my intentions clear to them and you can expect their support for your efforts in implementing this policy. In addition, they will communicate our policy and goals to the judges with whom we deal. I also welcome any suggestions regarding other methods by which to address this terrible problem. Over the last two years our office has experienced an incredible increase in the number of cases we have been asked to handle - without any meaningful staff increases. Through your dedication, perseverance and talent, we have prevailed. This new program I am initiating shall undoubtedly further intensify the burdens you face on a daily basis. Unfortunately, I cannot promise you additional staff to ease those burdens. I nevertheless must ask eact. of you to find additional reserves of strength and commitment and dig in for battle. What we are doing is right. What we are doing fulfills our professional and ethical obligations and permits us to meet our responsibilites to our community. I know that I am asking much of you, but I am confident you will meet the challenge. Thanks for your cooperation. Id . -4- ~