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HomeMy WebLinkAbout13 KEEPING CALIFORNIA SAFE ACT RESOLUTION OF SUPPORTMEETING DATE: TO: FROM: SUBJECT: �1111►yi1►lr,F_1 W6 Agenda Item 13 Reviewed: AGENDA REPORT City Manager Finance Director�A APRIL 17, 2018 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL JEFFREY C. PARKER, CITY MANAGER KEEPING CALIFORNIA SAFE ACT RESOLUTION OF SUPPORT Consider formal support of Reducing Crime and Keeping California Safe Act of 2018. RECOMMENDATION: Adopt City Council Resolution No. 18-33. OVERVIEW: The Reducing Crime and Keeping California Safe Act of 2018 is a statutory measure that has been cleared for circulation by the Secretary of State to qualify for the November 2018 ballot. The measure would: 1. Increase penalties for certain theft -related crimes by reinstating felony convictions for serial theft when a person is caught stealing for a 3rd time with a value of $250; 2. Change nonviolent offender release consideration processes and expand the list of violent crimes for which early release is not an option; 3. Change community supervision practices by requiring the Board of Parole Hearings to consider an inmate's entire criminal history when deciding parole and require a mandatory hearing to determine whether parole should be revoked for any parolee who violates the terms of his/her parole for the third time. 4. Reinstate DNA collection for crimes that were reduced to misdemeanors under Prop 47. As part of the City Council legislative update on April 3, 2018, staff was directed to bring back the attached resolution of support back for the City Council's consideration. City Council Resolution 18-33 is provided for the City Council's consideration, which includes language suggested by the League of California Cities and is becoming widely supported by public safety, community, and business leaders. Keeping California Safe Act Resolution of Support April 17, 2018 Page 2 of 3 Background: Since 2011, changes in state law, starting with AB 109, altered the fabric of California's criminal justice system. In 2011, AB 109 began to shift nearly 45,000 felons from the state prison system to local county jails. Prior to AB 109, many of California's more heavily populated counties already had jail systems that were operating under court- ordered or self-imposed population caps. As a result, AB 109 implementation triggered changes—over time county jails experienced an influx of a rougher class of offender, and many lower level petty criminals committing new offenses were simply booked and released, serving no jail time at all. Proposition 47 followed in 2014, reclassifying a host of felony offenses as misdemeanors and increasing the threshold amount for a felony charge of grand theft from $450.00 to $900.00. The effect of this change was to significantly stimulate the volume of petty theft, shoplifting, auto theft, and organized retail theft. Proposition 57, approved by voters in 2016, facilitates the potential early release of a large number of "non-violent" offenders by providing that inmates areeligible for parole once they have served 100% of their base sentence, without regard to any time served as a result of any sentencing enhancements. The universe of "non-violent" offenders could include individuals who have committed the following offenses: rape by intoxication, attempted drive-by shooting, assault with a deadly weapon, throwing acid with the intent to disfigure, to name but a few offenses. Since current law defines a "non-violent offender" based on the individual's most recent commitment offense, even if the individual is a repeat offender, the State Parole Board must still consider that person's parole application. This state of affairs includes factors such as a higher proportion of offenders at large on our city streets, many of whom have had little in the way of rehabilitation programming while incarcerated, some with drug habits, who are more violent now that when initially incarcerated. Unless they engage in major illegal activity (murder, rape, arson, armed robbery), the available sanctions for any violations they commit, such as flash incarceration, i.e. temporary incarceration for 48-72 hours in a city or county jail, scarcely provide a meaningful deterrent to further criminal activity. Impacts to cities: Communities in California are now facing increasing crime rates which can be linked to these recent legislative changes, which probation officers and local law enforcement are struggling to monitor and contain a situation in which a dramatically increased universe of offenders are at large in our communities. The Public Policy Institute of California reports that since 2015: Keeping California Safe Act Resolution of Support April 17, 2018 Page 3 of 3 • California has experienced an increase in overall crime • Property crime is up 145% • Violent crime is up 54% • One in four Californians view violence and street crime in his or her community as a substantial problem • Arrests dropped 31 % for property crimes and 68% for drug offenses (due to Prop. 47) • The report concludes auto theft increase is a direct result of AB 109 ATTACHMENT: City Council Resolution No. 18-33 RESOLUTION NO. 18-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018. WHEREAS, protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance. Murderers, rapists, child molesters and other violent criminals should not be released early from prison; and WHEREAS, since 2014, California has had a larger increase in violent crime than the rest of the United States. Since 2013, violent crime in Los Angeles has increased 69.5%. Violent crime in Sacramento rose faster during the first six months of 2015 than in any of the 25 largest U.S. cities tracked by the FBI; and WHEREAS, The FBI Preliminary Semiannual Uniform Crime Report for 2017, which tracks crimes committed during the first six months of the past year in U. S. cities with populations over 100,000, indicates that last year violent crime increased again in most of California's largest cities; and WHEREAS, recent changes to parole laws allowed the early release of dangerous criminals by the law's failure to define certain crimes as "violent." These changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered "nonviolent offenders."; and WHEREAS, as a result, these so-called "non-violent" offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; and WHEREAS, violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision, like the gang member charged with the murder of Whittier Police Officer, Keith Boyer; and WHEREAS, this measure reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations; and WHEREAS, nothing in this act is intended to create additional "strike" offenses which would increase the state prison population, nor is it intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits; and WHEREAS, recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal; and Resolution No. 18-33 Page 1 of 3 WHEREAS, as a result, between 2014 and 2016, California had the 2nd highest increase in theft and property crimes in the United States, while most states have seen a steady decline. According to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014, the largest single -year increase in at least ten years; and WHEREAS, grocery store operators around the state have seen unprecedented increases in the amount of losses associated with shoplifting in their stores, with some reporting up to 150% increases in these losses from 2012 to present, with the largest jumps occurring since 2014; and WHEREAS, shoplifting incidents have started to escalate in such a manner that have endangered innocent customers and employees; and WHEREAS, individuals who repeatedly steal often do so to support their drug habit. Recent changes to California law have reduced judges' ability to order individuals convicted of repeated theft crimes into effective drug treatment programs; and WHEREAS, California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal to support their drug problem to enter into existing drug treatment programs. This measure enacts such reforms; and WHEREAS, collecting DNA from criminals is essential to solving violent crimes. Over 450 violent crimes including murder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals; and WHEREAS, DNA collected in 2015 from a convicted child molester solved the rape -murders of two six-year-old boys that occurred three decades ago in Los Angeles County. DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape/murder of an 83 -year-old woman; and WHEREAS, recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes. This measure restores DNA collection from persons convicted for such offenses; and WHEREAS, permitting collection of more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted, and WHEREAS, this measure does not affect existing legal safeguards that protect the privacy of individuals by allowing for the removal of their DNA profile if they are not charged with a crime, are acquitted or are found innocent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin herby supports the Reducing Crime and Keeping California Safe Act of 2018. Resolution No. 18-33 Page 2of3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17th day of April, 2018. ELWYN A. MURRAY, Mayor ATTEST: ERICA N. RABE, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 18-33 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 17th day of April, 2018 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: ERICA N. RABE, City Clerk Resolution No. 18-33 Page 3 of 3