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HomeMy WebLinkAboutItem 11d - Resolution Supporting and Reducing Crime and Keeping California Safe Act of 2020 DATE: November 5, 2019 TO: Honorable Mayor and City Council FROM: Robert Guthrie, Chief of Police By: Dr. Jennifer Brutus, Senior Management Analyst SUBJECT: RESOLUTION NO. 7282 SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2020 Recommendation: Adopt SUMMARY The collective impacts of the state’s criminal justice reform efforts are well known to law enforcement agencies and communities throughout the state. The Reducing Crime and Keep California Safe Act (the “Act”) seeks to address the unintended consequences of Assembly Bill 109, Proposition 47, and Proposition 57 by reclassifying the list of non- violent crimes, reforming the parole system to stop the early release of violent felons, reforming theft laws to restore accountability for serial thieves and organized theft gangs, and expanding DNA collection, amongst other provisions. With adoption of Resolution No. 7282, the City of Arcadia will join an ever-growing coalition of cities and law enforcement agencies supporting this initiative. Therefore, it is recommended that the City Council adopt Resolution No. 7282 supporting the Reducing Crime and Keeping California Safe Act of 2020. BACKGROUND In 2011, Governor Brown signed Assembly Bill 109 (“AB 109”), more commonly known as the Public Safety Realignment Act, in order to comply with a federal court order to reduce the state’s prison population to 137.5% of its design capacity. AB 109 aimed to accomplish this objective by realigning incarceration authority of roughly 45,000 criminal offenders from state prisons to county jails. Because local facilities were never designed to house violent criminals for the duration of their prison terms, and due to the shifting populations of the state’s prison population, AB 109 resulted in the early release of tens of thousands criminal offenders back into local communities. It is believed that AB 109 has had a direct impact on rising property crime rates throughout the state. Resolution No. 7282 to Support the Keeping California Safe Act of 2020 November 5, 2019 Page 2 of 4 In 2014, California voters passed Proposition 47, the Safe Neighborhoods and Schools Act, which reclassified a number of “non-violent, non-serious” crimes from felonies to misdemeanors. Offenses include drug possession, repeated shoplifting, forging checks, gun theft, and possession of date-rape drugs. The effects of this initiative have been far- reaching, as the threshold for misdemeanor thefts has been lowered to less than $950, allowing career criminals to game the system. Further, the normalization of drug possession has decimated the legal system’s ability to compel addicts to enter drug rehabilitation programs, and has been assumed as an underlying cause in the dramatic rise of the state’s homeless population. Finally, in 2016, California voters passed Proposition 57, the Public Safety and Rehabilitation Act, which allows prisoners convicted of “non-violent” felonies to apply for early release. According to the non-partisan Legislative Analyst’s Office, Proposition 57 allowed for the early release of nearly 30,000 criminals convicted of felonies that include: assault with a deadly weapon, domestic violence, first degree burglary, human trafficking involving a minor, and active participation in a street gang, to name a few. In addition, Proposition 57 gave the State Department of Corrections unlimited authority to grant credits to all criminals—regardless of the nature of their crime—which would facilitate their early release. Criminals who committed multiple crimes against multiple victims are eligible for release at the same time as offenders who only committed single crimes against a single victim. Lastly, and most importantly, repeat criminals are eligible for release after the same period of incarceration as first time offenders. DISCUSSION The City of Arcadia has not been immune to the effects of AB 109, Proposition 47, and Proposition 57. In 2016, the City experienced a 22% increase in violent and property crimes when compared to 2015 levels, including 66% more burglary or attempted burglaries and 14% more larceny attempts. By 2018, the Arcadia Police Department spent approximately $330,000 on installing additional automated license plate reader cameras in the City in order to increase the possibility of collecting suspect information. In addition, the Department has spent over $20,000 on GPS tracking devices for the BAIT Package Program, which has assisted with numerous apprehensions of theft suspects. While the recent efforts have been positive, the long-term effects of criminal justice reform in California and its impact on law enforcement’s policing strategies cannot be understated. The Reducing Crime and Keep California Safe Act seeks to address the unintended consequences of AB 109, Proposition 47, and Proposition 57 by reclassifying the list of non-violent crimes, reforming the parole system to stop the early release of violent felons, reform theft laws to restore accountability for serial thieves and organized theft gangs, and expand DNA collection, amongst other provisions. Resolution No. 7282 to Support the Keeping California Safe Act of 2020 November 5, 2019 Page 3 of 4 Specifically, the Act would expand the list of violent offenses that currently disqualify an inmate from parole. Under current law, rape of an unconscious person, trafficking a child for sex, assault of a peace officer, felony domestic violence, and other similar crimes are not classified as “violent felonies” – making criminals convicted of these crimes eligible for early release. If passed, the initiative would also give victims reasonable notice of inmates’ release and the right to submit a confidential statement to the Board of Parole Hearings. In regards reforming the parole system, the initiative would stop the early release of violent offenders, expand parolee oversight, and strengthen penalties for parole violations. AB 109 bases parole solely on an offender’s commitment offense, resulting in the release of inmates with serious and violent criminal histories. Moreover, parolees who repeatedly violate the terms of their parole currently face few consequences, allowing them to remain on the street. The Act would require the Board of Parole Hearings to consider an inmate’s entire criminal history when deciding parole and not just their recent commitment offenses, and require hearings for parolees who violate parole terms for the third time. The Act would also revise the theft threshold by adding a felony for serial theft – when a person is caught for the third time stealing with a value of $250 or more. Proposition 47 changed the dollar threshold for theft to be considered a felony — from $450 to $950. As a result, there has been an explosion of serial theft and an inability of law enforcement to prosecute these crimes effectively. Since the passing of Proposition 47, theft crimes have increased from 12% to 25%, with losses of a billion dollars as notated by the Keep California Safe committee. Furthermore, the Act would reinstate DNA collection for certain crimes that were reduced to misdemeanors as part of Proposition 47. DNA collection would be expanded to include those convicted of drug, theft, domestic violence, and other serious crimes to help solve rape, murder, and other violent crime cases. Multiple studies have shown that DNA collected from theft and drug crimes has helped solve other violent crimes, including robbery, rape, and murder. Since passage of Proposition 47, cold case hits have dropped over 2,000, with more than 450 of those hits connected to violent crimes. The new collection of DNA samples would be stored in state and federal databases. As of July 9, 2018, Secretary of State Alex Padilla reported that more than enough signatures were submitted for the measure qualifying it to be placed on the November 3, 2020, ballot as an initiated state statute. With adoption of Resolution No. 7282, the City of Arcadia will join an ever-growing coalition of cities and law enforcement agencies supporting this initiative. Resolution No. 7282 to Support the Keeping California Safe Act of 2020 November 5, 2019 Page 4 of 4 ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT There is no impact associated with the adoption of the Resolution. If the Act is ultimately adopted, it should alleviate some public safety costs in the future as the positive impacts of the Act trickle down to the Arcadia community. RECOMMENDATION It is recommended that the City Council determines that this project is exempt under the California Environmental Quality Act, and adopt Resolution No. 7282 supporting the Reducing Crime and Keeping California Safe Act of 2020. Attachment: Resolution No. 7282