HomeMy WebLinkAbout09 REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT 2020Agenda Item 9
Reviewed:
AGENDA REPORT City Manager
Finance Director N/A
MEETING DATE: MARCH 17, 2020
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MATTHEW S. WEST, CITY MANAGER
SUBJECT: REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2020
SUMMARY:
The Reducing Crime and Keeping California Safe Act of 2020 is a ballot measure that
has qualified for the November 3, 2020 general election ballot. Staff has prepared an
overview of the ballot measure and a summary of previous actions taken by the City
Council
RECOMMENDATION:
It is recommended that the City Council consider adoption of Resolution 20-14, supporting
the Reducing Crime and Keeping California Safe Act of 2020.
FISCAL IMPACT:
Not applicable.
CORRELATION TO THE STRATEGIC PLAN:
This action correlates to the City's Strategic Plan for Public Safety and Protection of Assets
(Goal B).
BACKGROUND:
Overview and History
The Reducing Crime and Keeping California Safe Act of 2020 (Act) is a ballot measure that
has qualified for the November 3, 2020 general election ballot. The Act was originally
intended to be placed on the November 2018 ballot, but was not qualified due to an issue
over the required number of verified signatures. Former Governor Jerry Brown sued
Secretary of State Alex Padilla in 2018 because of the signature threshold dispute, but the
Act, as originally constructed, has since been qualified for the November 2020 ballot. More
specific information about the Act is included in the Discussion section.
Reducing Crime and Keeping California Safe Act of 2020
March 17, 2020
Page 2 of 4
Previous Actions by the City Council
Because the Act was originally intended to appear on the November 2018 ballot, many
jurisdictions have already taken positions on the Act. On April 17, 2018, the City Council
adopted Resolution No. 18-33, supporting the 2018 version. While the Act is unchanged
for the November 2020 ballot, staff is recommending that should the City Council desire
to continue supporting the Act, an updated Resolution with the updated title should be
adopted.
Resolution No. 18-33 is attached, as well as Resolution No. 20-14, a resolution supporting
the 2020 version of the Act.
Major Support/Opposition
A full list of those in support is attached, but below is a list of major support and opposition:
Support
• Republican and Democrat members of the California Legislature;
• League of California Cities;
• Local governments (Counties and Cities);
• State public safety associations;
• Albertsons Safeway.
Opposed
• Former Governor Jerry Brown;
• American Civil Liberties Union of Northern California.
Major Funding
Support
The following table includes contribution and expenditure totals for the committee in support of the initiative 1151
Keep California Safe a Project of the
California Public Safety Partnership - Issues S3,729.371 00 $232,622 90 52.037,976 14
Committee
Protecting California Cooper Ballot Measure
Committee S29,50000 S000 S12.36069
Donors
The following were the donors who contributed S100 000 or more to the support committeeUN
California Correctional Peace Officers Association Truth in American Government Fund
$2,000,000.00
S0.00
$2,000,000.00
Association for Los Angeles Deputy Sheriffs PIC
$200,000.00
$0.00
$200,000.00
Los Angeles Police Protective League Issues PAC
$200,000.00
50.00
$200,000.00
Albertsons Safeway
$100,000.00
$0.00
$100,000.00
Peace Officers Research Association of California PIC
$100,000.00
$0.00
$100,000.00
Susan Groff
$100,000.00 1
$0.00
$100,000.00
Reducing Crime and Keeping California Safe Act of 2020
March 17, 2020
Page 3 of 4
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to the initiative h5j
California Public Safety and
Rehabilitation $500;000 00 $0.00
Committee for California Issues PAC 1 $260.478.31 $49.500.00
Donors
The following were the top donors to the opposition committee [isl
Patty Quillin
$3,445.65
$103,689.72
$250,000.00 j S0.00 1 $250,000.00
Lynn Schusterman $250,000.00 S0.00 $250,000.00
American Civil Liberties Union of Northern California $200,000.00 $49,500.00 $249,500.00
Governor Brown's Ballot Measure Committee $60,478.31 $0.00 $60,478.31
DISCUSSION:
The Act is designed to fix four related problems created by recent laws that have led to
an increase in crime in the State of California:
Violent Crime
In November 2016, California voters passed Proposition 57, which made certain
offenders eligible for early parole and release from state prison. It added a provision to
the California Constitution stating "Any person convicted of a nonviolent felony offense
and sentenced to state prison shall be eligible for parole consideration after completing
the full term for his or her primary offense. " Under current state law, there are 23 felonies
defined as violent (California Penal Code 667.5(c)). However, violent felonies committed
in our communities are not statutorily considered violent. Crimes such as sex trafficking
of children, rape of an unconscious person, felony assault with a deadly weapon, felony
domestic violence, corporal punishment on a child resulting in a traumatic condition, and
taking a hostage are not defined as violent felonies under our current laws. The Act seeks
to expand the definition of "violent felonies" to include egregious crimes such as those
listed above.
Serial Theft
In November 2014, California voters passed Proposition 47, which changed the dollar
threshold for theft to be considered a felony from $450 to $950. As a result, theft related
offenses are on the rise and our community is suffering. A person can get caught stealing
several times a day and, as long he/she does not steal more than $950 during each
incident, the crime remains a misdemeanor. The Act seeks to revise the theft threshold
Reducing Crime and Keeping California Safe Act of 2020
March 17, 2020
Page 4 of 4
by adding a felony for serial theft when a person is caught stealing for the third time with
a value of $250 or more.
Parole Violations
In April 2011, former Governor Jerry Brown signed Assembly Bill 109 into law. This law
based parole solely on an offender's commitment offense, which resulted in the release
of inmates with violent criminal histories. In addition, parolees who continually violate the
terms of their parole face very little consequences. The Act seeks to require the Board of
Parole Hearings to consider an inmate's entire criminal history when approving or denying
parole and not just his/her current commitment offense. A mandatory hearing must also
be held to determine whether parole should be revoked for any parolee who violates the
terms of his/her parole for the third time under the Act.
DNA Collection
Proposition 47 eliminated DNA collection for certain theft and drug crimes. The Act seeks
to restore DNA collection from a person convicted for such offenses. Allowing law
enforcement to collect DNA will help identify suspects, clear the innocent, and help free
the wrongly convicted.
Staff is available for any questions the City Council may have.
Attachments:
1. Official title and summary with ballot measure language (Initiative Measure)
2. Keep California Safe — An Initiative for Public Safety
3. Keep California Safe — Non-violent Crime List
4. Keep California Safe — Coalition List
5. Resolution No. 18-33 = Reducing Crime and Keeping California Safe Act of 2018
6. Resolution No. 20-14 — Reducing Crime and Keeping California Safe Act of 2020
ATTACHMENT NO. 1
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points
of the proposed measure:
(17-0044.) RESTRICTS PAROLE FOR NON-VIOLENT OFFENDERS. AUTHORIZES FELONY SENTENCES
FOR CERTAIN OFFENSES CURRENTLY TREATED ONLY AS MISDEMEANORS. INITIATIVE STATUTE.
Imposes restrictions on parole program for non-violent offenders who have completed the full term for their
primary offense. Expands list of offenses that disqualify an inmate from this parole program. Changes standards
and requirements governing parole decisions under this program. Authorizes felony charges for specified theft
crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250
and $950. Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state
database. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local
government: Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily
related to increases in penalties for certain theft -related crimes and the changes to the nonviolent offender release
consideration process. Increased state and local court -related costs of around a few million dollars annually related
to processing probation revocations and additional felony theft filings. Increased state and local law enforcement
costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from
additional offenders.
To the Honorable Secretary of State of California:
We, the undersigned, registered, qualified voters of California, residents of the County (or City and County) referenced on the signature page
of this petition, hereby propose amendments to the California Penal Code relating to parole, serial theft, and DNA collection from convicted
criminals, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding
general election or at any special statewide election held prior to that general election or as otherwise provided by law. The proposed statutory
amendments (full title and text of the measure) read as follows:
SEC. 1. TITLE
This act shall be known and may be cited as the
Reducing Crime and Keeping California Safe Act of
2018.
SEC. 2. PURPOSES
This measure will fix three related problems created
by recent laws that have threatened the public safety of
Californians and their children from violent criminals.
This measure will:
A. Reform the parole system so violent felons are not
released early from prison, strengthen oversight of post
release community supervision and tighten penalties
for violations of terms of post release community
supervision;
B. Reform theft laws to restore accountability for serial
thieves and organized theft rings; and
C. Expand DNA collection from persons convicted of
drug, theft and domestic violence related crimes to help
solve violent crimes and exonerate the innocent.
SEC. 3. FINDINGS AND DECLARATIONS
A. Prevent Early Release of Violent Felons
1. 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.
2. 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.
3. 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
violent criminals. This measure reforms the law to define
such crimes as "violent felonies" for purposes of early
release.
10. Nothing in this act is intended to create additional
"strike" offenses which would increase the state prison
population.
11. Nothing in this act is intended to affect the
ability of the California Department of Corrections and
Rehabilitation to award educational and merit credits.
B. Restore Accountability for Serial Theft and Organized
Theft Rings
1. 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.
2. As a result, between 2014 and 2016, California had
the 2"d 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.
3. 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.
4. 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.
C. Restore DNA Collection to Solve Violent Crime
1. 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.
2. 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.
(a) Except as otherwise provided in this section,
an inmate who is released on parole or postrelease
supervision as provided by Title 2.05 (commencing with
Section 3450) shall be returned to the county that was
the last legal residence of the inmate prior to his or her
incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county
wherein the inmate committed an offense while confined
in a state prison or local jail facility or while confined for
treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be
returned to another county if that would be in the best in-
terests of the public. If the Board of Parole Hearings set-
ting the conditions of parole for inmates sentenced pur-
suant to subdivision (b) of Section 1168, as determined
by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of
parole for inmates sentenced pursuant to Section 1170,
decides on a return to another county, it shall place its
reasons in writing in the parolee's permanent record and
include these reasons in the notice to the sheriff or chief
of police pursuant to Section 3058.6. In making its deci-
sion, the paroling authority shall consider, among others,
the following factors, giving the greatest weight to the
protection of the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the
inmate's parole would be successfully completed.
(3) The verified existence of a work offer, or an
educational or vocational training program.
(4) The existence of family in another county with whom
the inmate has maintained strong ties and whose support
would increase the chance that the inmate's parole would
be successfully completed.
(5) The lack of necessary outpatient treatment programs
for parolees receiving treatment pursuant to Section
2960.
(c) The Department of Corrections and Rehabilitation,
in determining an out -of -county commitment, shall give
priority to the safety of the community and any witnesses
and victims.
(E) Registration status, if the inmate is required to
register as a result of a controlled substance, sex, or arson
offense.
(F) California Criminal Information Number, FBI
number, social security number, and driver's license
number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the
inmate.
(I) Offense or offenses for which the inmate was
convicted that resulted in parole or postrelease
community supervision in this instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are
not acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this
subparagraph was proposed to be effective.
(K) Contact officer and unit, including all of the
following information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a
single digit fingerprint of the parolee.
(M) A geographic coordinate for the inmate's residence
location for use with a Geographical Information System
(GIS) or comparable computer program.
(N) Copies of the record of supervision during _anyprior
period of parole.
(2) Unless the information is unavailable, the Department
of Corrections and Rehabilitation shall electronically
transmit to the county agency identified in subdivision (a)
of Section 3451 the inmate's tuberculosis status, specific
medical, mental health, and outpatient clinic needs,
and any medical concerns or disabilities for the county
to consider as the offender transitions onto postrelease
community supervision pursuant to Section 3450, for
the purpose of identifying the medical and mental
health needs of the individual. All transmissions to the
county agency shall be in compliance with applicable
provisions of the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA) (Public Law
104-191), the federal Health Information Technology for
Clinical Health Act (HITECH) (Public Law 111-005),
and the implementing of privacy and security regulations
in Parts 160 and 164 of Title 45 of the Code of Federal
Regulations. This paragraph shall not take effect until the
Secretary of the United States Department of Health and
Human Services, or his or her designee, determines that
this provision is not preempted by HIPAA.
(3) Except for the information required by paragraph (2),
the information required by this subdivision shall come
from the statewide parolee database. The information
obtained from each source shall be based on the same
timeframe.
(4) All of the information required by this subdivision
shall be provided utilizing a computer-to-computer
transfer in a format usable by a desktop computer
system. The transfer of this information shall be
continually available to local law enforcement agencies
upon request.
(5) The unauthorized release or receipt of the information'
described in this subdivision is a violation of Section
11143.
(f) Notwithstanding any other law,
released on parole shall not be ret=ed to a leeation
a witness to, a violent felony as defined in paragraphs -
(1) to (7), inefusive, and paragraph (16) of subdivision-
infliets great bodily iT�� on a person other than ai
aeeompliee that has been charged and proved as provi
shall not be placed or reside, for the duration of his or her
parole, within one-half mile of a public or private school
including any or all of kindergarten and grades 1 to 12,
inclusive.
(h) Notwithstanding any other law, an inmate who is
released on parole or postrelease community supervision
for a stalking offense shall not be returned to a location
within 35 miles of the victim's or witness' actual residence
or place of employment if the victim or witness has
requested additional distance in the placement of the
inmate on parole or postrelease community supervision,
and if the Board of Parole Hearings or the Department
of Corrections and Rehabilitation, or the supervising
county agency, as applicable, finds that there is a need
to protect the life, safety, or well-being of the victim.
If an inmate who is released on postrelease community
supervision cannot be placed in his or her county of last
legal residence in compliance with this subdivision, the
supervising county agency may transfer the inmate to
another county upon approval of the receiving county.
(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out -of -
county commitments from a county compared to the
number of commitments from that county when making
parole decisions.
0) An inmate may be paroled to another state pursuant
to any other law. The Department of Corrections and
Rehabilitation shall coordinate with local entities
regarding the placement of inmates placed out of state on
postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450).
(k)(1) Except as provided in paragraph (2), the Department
of Corrections and Rehabilitation shall be the agency
primarily responsible for, and shall have control over,
the program, resources, and staff implementing the
Law Enforcement Automated Data System (LEADS)
in conformance with subdivision (e). County agencies
supervising inmates released to postrelease community
supervision pursuant to Title 2.05 (commencing with
Section 3450) shall provide any information requested
by the department to ensure the availability of accurate
information regarding inmates released from state prison.
This information may include all records of supervision,
the issuance of warrants, revocations, or the termination of
postrelease community supervision. On or before August
1, 2011, county agencies designated to supervise inmates
released to postrelease community supervision shall
notify the department that the county agencies have been
designated as the local entity responsible for providing
that supervision.
(2) Notwithstanding paragraph (1), the Department of
Justice shall be the agency primarily responsible for the
proper release of information under LEADS that relates to
fingerprint cards.
(1) In addition to the requirements under subdivision (k),
the Department of Corrections and Rehabilitation shall
submit to the Department of Justice data to be included
in the supervised release file of the California Law
Enforcement Telecommunications System (CLETS) so
that law enforcement can be advised through CLETS of
all persons on postrelease community supervision and
the county agency designated to provide supervision. The
data required by this subdivision shall be provided via
electronic transfer.
Section 3040.1 is added to the Penal Code to read:
(a) For purposes of early release or parole consideration
under the authority of Section 32 of Article I of the Consti-
tution, Sections 12838.4 and 12838.5 of the Government
Code, Sections 3000.1, 3041.5, 3041.7, 3052, 5000, 5054,
5055, 5076.2 of this Code and the rulemaking authority
granted by Section 5058 of this Code, the following shall
be defined as "violent felony offenses":
subdivision (a) of Section 12022.3, or Section 12022.5
or 12022.55;
(9) Any robbery;
(10) Arson, in violation of subdivision (a) or (b) of
Section 451;
(11) Sexual penetration as defined in subdivision (a) or
6) of Section 289;
(12) Attempted murder;
(13) A violation of Section 18745, 18750, or 18755;
(14) Kidnapping;
(15) Assault with the intent to commit a specified felony,
in violation of Section 220;
(16) Continuous sexual abuse of a child, in violation of
Section 288.5;
(17) Carjacking, as defined in subdivision (a) of Section
215;
(18) Rape, spousal rape, or sexual penetration, in concert,
in violation of Section 264.1;
(19) Extortion, as defined in Section 518, which would
constitute a felony violation of Section 186.22;
(20) Threats to victims or witnesses, as defined in
subdivision (c) of Section 136.1;
(2 1) Any burglary of the first degree, as defined in
subdivision (a) of Section 460, wherein it is charged and
proved that another person, other than an accomplice,
was present in the residence during the commission of
the burglary;
(22) Any violation of Section 12022.53;
(23) A violation of subdivision (b) or (c) of Section
11418;
(24) Solicitation to commit murder;
(25) Felony assault with a firearm in violation of
subsections (a)(2) and (b) of Section 245;
(26) Felony assault with a deadly weapon in violation of
paragraph (1) of subdivision (a) of Section 245;
(27) Felony assault with a deadly weapon upon the
person of a peace officer or firefighter in violation of
subdivisions (c) and (d) of Section 245;
(28) Felony assault by means of force likely to produce
great bodily injury in violation of paragraph (4) of
subdivision (a) of Section 245;
(29) Assault with caustic chemicals in violation of
Section 244;
(30) False imprisonment in violation of Section 210.5;
(3 1) Felony discharging a firearm in violation of Section
246;
(32) Discharge of a firearm from a motor vehicle in
violation of subsection (c) of Section 26100;
(33) Felony domestic violence resulting in a traumatic
condition in violation of Section 273.5;
(34) Felony use of force or threats against a witness or
victim of a crime in violation of Section 140;
(35) Felony resisting a peace officer and causing death or
serious injury in violation of Section 148.10;
(36) A felony hate crime punishable pursuant to Section
422.7;
(37) Felony elder or dependent adult abuse in violation
of subdivision (b) of Section 368;
(38) Rape in violation of paragraphs (1), (3), or (4) of
subdivision (a) of Section 261;
(39) Rape in violation of Section 262;
(40) Sexual penetration in violation of subdivision (b),
(d) or (e) of Section 289;
(41) Sodomy in violation of subdivision (f), (g), or (i) of
Section 286;
(42) Oral copulation in violation of subdivision (f), (g),
or (i) of Section 288a;
(43) Abduction of a minor for purposes of prostitution in
violation of Section 267;
(44) Human trafficking in violation of subdivision (a),
(b), or (c) of Section 236.1;
(45) Child abuse in violation of Section 273ab;
(46) Possessing, exploding, or igniting a destructive
Hearings shall consider all relevant, reliable information
about the inmate.
(b) The standard of review shall be whether the inmate
will pose an unreasonable risk of creating victims as a
result of felonious conduct if released from prison.
(c) In reaching this determination, the hearing officer
shall consider the following factors:
(1) Circumstances surrounding the current conviction;
(2) The inmate's criminal history, including involvement
in other criminal conduct, both juvenile and adult, which
is reliably documented;
(3) The inmate's institutional behavior including both
rehabilitative programming and institutional misconduct;
(4) Any input from the inmate, any victim, whether
registered or not at the time of the referral, and the
prosecuting agency or agencies;
(5) The inmate's past and present mental condition
as documented in records in the possession of the
Department of Corrections and Rehabilitation;
(6) The inmate's past and present attitude about the
crime;
(7) Any other information which bears on the inmate's
suitability for release.
(d) The following circumstances shall be considered by
the hearing officer in determining whether the inmate is
unsuitable for release:
(1) Multiple victims involved in the current commitment
offense;
(2) A victim was particularly vulnerable due to age or
physical or mental condition;
(3) The inmate took advantage of a position of trust in
the commission of the crime;
(4) The inmate was armed with or used a firearm or other
deadly weapon in the commission of the crime;
(5) A victim suffered great bodily injury during the
commission of the crime;
(6) The inmate committed the crime in association with a
criminal street gang;
(7) The inmate occupied a position of leadership or
dominance over other participants in the commission of
the crime, or the inmate induced others to participate in
the commission of the crime;
(8) During the commission of the crime, the inmate had a
clear opportunity to cease but instead continued;
(9) The inmate has engaged in other reliably documented
criminal conduct which was an integral part of the crime
for which the inmate is currently committed to prison;
(10) The manner in which the crime was committed
created a potential for serious injury to persons other than.
the victim of the crime;
(11) The inmate was on probation, parole, post release
community supervision, mandatory supervision or was
in custody or had escaped from custody at the time of the
commitment offense;
(12) The inmate was on any form of pre- or post-
conviction release at the time of the commitment offense;
(13) The inmate's prior history of violence, whether as a
juvenile or adult;
(14) The inmate has engaged in misconduct in prison or
jail;
(15) The inmate is incarcerated for multiple cases from
the same or different counties or jurisdictions.
(e) The following circumstances shall be considered by
the hearing officer in determining whether the inmate is
suitable for release:
(1) The inmate does not have a juvenile record of
assaulting others or committing crimes with a potential
of harm to victims;
(2) The inmate lacks any history of violent crime;
(3) The inmate has demonstrated remorse;
(4) The inmate's present age reduces the risk of
recidivism;
(5) The inmate has made realistic plans if released or has
Section 667.5 or 3040.1 shall be deemed a violent offender
for purposes of Section 32 of Article I of the Constitution.
(b) An inmate whose current commitment includes an
indeterminate sentence shall be deemed a violent offender
for purposes of Section 32 of Article I of the Constitution.
(c) An inmate whose current commitment includes any
enhancement which makes the underlying offense violent
pursuant to subdivision (c) of Section 667.5 shall be
deemed a violent offender for purposes of Section 32 of
Article I of the Constitution.
(d) For purposes of Section 32 of Article I of the
Constitution, the "full term" of the "primary offense" shall
be calculated based only on actual days served on the
commitment offense.
Section 3040.4 is added to the Penal Code to read:
Pursuant to subsection (b) of Section 28 of Article I of the
Constitution, the Department shall give reasonable notice
to victims of crime prior to an inmate being reviewed for
early parole and release. The Department shall provide
victims with the right to be heard regarding early parole
consideration and to participate in the review process.
The Department shall consider the safety of the victims,
the victims' family, and the general public when making a
determination on early release.
(a) Prior to conducting a review for early parole, the
Department shall provide notice to the prosecuting agency
or agencies and to registered victims, and shall make
reasonable efforts to locate and notify victims who are not
registered.
(b) The prosecuting agency shall have the right to review
all information available to the hearing officer including,
but. not limited to the inmate's central file, documented
adult and juvenile criminal history, institutional
behavior including both rehabilitative programming and
institutional misconduct, any input from any person or
organization advocating on behalf of the inmate, and any
information submitted by the public.
(c) A victim shall have a right to submit a statement
for purposes of early parole consideration, including a
confidential statement.
(d) All prosecuting agencies, any involved law
enforcement agency, and all victims, whether or not
registered, shall have the right to respond to the board in
writing.
(e) Responses to the Board by prosecuting agencies,
law enforcement agencies, and victims must be made
within 90 days of the date of notification of the inmate's
eligibility for early parole review or consideration.
(f) The Board shall notify the prosecuting agencies, law
enforcement agencies, and the victims of the Nonviolent
Offender Parole decision within 10 days of the decision
being made.
(g) Within 30 days of the notice of the final decision
concerning Nonviolent Offender Parole Consideration, the
inmate and the prosecuting agencies may request review
of the decision.
(h) If an inmate is denied early release under the
Nonviolent Offender Parole provisions of Section 32
of Article I of the Constitution, the inmate shall not be
eligible for early Nonviolent Offender parole consideration
for two (2) calendar years from the date of the final
decision of the previous denial.
Section 3041 of the Penal Code is amended to read:
[language added to an existing section of law is designated
in underlined type and language deleted is designated in
strikeout type]
(a)(1) In the case of any inmate sentenced pursuant
to any law, other than Chapter 4.5 (commencing with
Section 1170) of Title 7 of Part 2, the Board of Parole
Hearings shall meet with each inmate during the sixth
year before the inmate's minimum eligible parole date for
board shall vote to either grant or deny parole and render
a statement of decision. The en bane review shall be
conducted pursuant to subdivision (e).
(4) Upon a grant of parole, the inmate shall be released
subject to all applicable review periods. However, an
inmate shall not be released before reaching his or her
minimum eligible parole date as set pursuant to Section
3046 unless the inmate is eligible for earlier release
pursuant to his or her youth offender parole eligibility
date or elderly parole eligibility date.
(5) At least one commissioner of the panel shall have
been present at the last preceding meeting, unless it is
not feasible to do so or where the last preceding meeting
was the initial meeting. Any person on the hearing panel
may request review of any decision regarding parole for
an en bane hearing by the board. In case of a review, a
majority vote in favor of parole by the board members
participating in an en bane review is required to grant
parole to any inmate.
(b)(1) The panel or the board, sitting en bane, shall grant
parole to an inmate unless it determines that the gravity
of the current convicted offense or offenses, or the
timing and gravity of current or past convicted offense
or offenses, is such that consideration of the public
safety requires a more lengthy period of incarceration
for this individual. The panel or the board, sitting en
bane, shall consider the entire criminal history of the
inmate, including all current or past convicted offenses
in making this determination.
(2) After July 30, 2001, any decision of the parole panel
finding an inmate suitable for parole shall become final
within 120 days of the date of the hearing. During that
period, the board may review the panel's decision. The
panel's decision shall become final pursuant to this
subdivision unless the board finds that the panel made an
error of law, or that the panel's decision was based on an
error of fact, or that new information should be presented
to the board, any of which when corrected or considered
by the board has a substantial likelihood of resulting
in a substantially different decision upon a rehearing.
In malting this determination, the board shall consult
with the commissioners who conducted the parole
consideration hearing.
(3) A decision of a panel shall not be disapproved and
referred for rehearing except by a majority vote of the
board, sitting en bane, following a public meeting.
(c) For the purpose of reviewing the suitability for parole
of those inmates eligible for parole under prior law at a
date earlier than that calculated under Section 1170.2,
the board shall appoint panels of at least two persons
to meet annually with each inmate until the time the
person is released pursuant to proceedings or reaches the
expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that, during times
when there is no backlog of inmates awaiting parole
hearings, life parole consideration hearings, or life
rescission hearings, hearings will be conducted by a
panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly
on the number of cases where an inmate has not received
a completed initial or subsequent parole consideration
hearing within 30 days of the hearing date required by
subdivision (a) of Section 3041.5 or paragraph (2) of
subdivision (b) of Section 3041.5, unless the inmate
has waived the right to those timeframes. That report
shall be considered the backlog of cases for purposes
of this section, and shall include information on the
progress toward eliminating the backlog, and on the
number of inmates who have waived their right to the
above timeframes. The report shall be made public
at a regularly scheduled meeting of the board and a
written report shall be made available to the public and
en Banc review.
Section 3454 of the Penal Code is amended to read:
[language added to an existing section of law is designat-
ed in underlined type and language deleted is designated
in strikeout type]
(a) Each supervising county agency, as established by
the county board of supervisors pursuant to subdivision
(a) of Section 3451, shall establish a review process for
assessing and refining a person's program of postrelease
supervision. Any additional postrelease supervision
conditions shall be reasonably related to the underlying
offense for which the offender spent time in prison, or
to the offender's risk of recidivism, and the offender's
criminal history, and be otherwise consistent with law.
(b) Each county agency responsible for postrelease
supervision, as established by the county board of
supervisors pursuant to subdivision (a) of Section
3451, may determine additional appropriate conditions
of supervision listed in Section 3453 consistent with
public safety, including the use of continuous electronic
monitoring as defined in Section 1210.7, order the
provision of appropriate rehabilitation and treatment
services, determine appropriate incentives, and
determine and order appropriate responses to alleged
violations, which can include, but shall not be limited
to, immediate, structured, and intermediate sanctions up
to and including referral to a reentry court pursuant to
Section 3015, or flash incarceration in a city or county
jail. Periods of flash incarceration are encouraged as one
method of punishment for violations of an offender's
condition of postrelease supervision.
(c) As used in this title, "flash incarceration" is a period
of detention in a city or county jail due to a violation of
an offender's conditions of postrelease supervision. The
length of the detention period can range between one
and 10 consecutive days. Flash incarceration is a tool
that may be used by each county agency responsible
for postrelease supervision. Shorter, but if necessary
more frequent, periods of detention for violations of
an offender's postrelease supervision conditions shall
appropriately punish an offender while preventing the
disruption in a work or home establishment that typically
arises from longer term revocations.
(d)Upon a decision to impose a period of flash
incarceration, the probation department shall notify the
court, public defender, district attorney, and sheriff of
each imposition of flash incarceration.
Section 3455 of the Penal Code is amended to read:
[language added to an existing section of law is designat-
ed in underlined type and language deleted is designated
in stiikeettt type]
(a) If the supervising county agency has determined,
following application of its assessment processes, that
intermediate sanctions as authorized in subdivision (b)
of Section 3454 are not appropriate, or if the supervised
person has violated the terms of his or her release for a
third time, the supervising county agency shall petition
the court pursuant to Section 1203.2 to revoke, modify,
or terminate postrelease community supervision. At
any point..during the process initiated pursuant to this
section, a person may waive, in writing, his or her right
to counsel, admit the violation of his or her postrelease
community supervision, waive a court hearing, and
accept the proposed modification of his or her postrelease
community supervision. The petition shall include
a written report that contains additional information
regarding the petition, including the relevant terms
and conditions of postrelease community supervision,
the circumstances of the alleged underlying violation,
the history and background of the violator, and any
recommendations. The Judicial Council shall adopt
person subject to postrelease community supervision is
violating any term or condition of his or her release, or has
failed to appear at a hearing pursuant to Section 1203.2
to revoke. modify, or terminate postrelease community
supervision, the officer may, without a warrant or other
process, arrest the person and bring him or her before
the supervising county agency established by the county
board of supervisors pursuant to subdivision (a) of Section
3451. Additionally, an officer employed by the supervising
county agency may seek a warrant and a court or its
designated hearing officer appointed pursuant to Section
71622.5 of the Government Code shall have the authority
to issue a warrant for that person's arrest.
(2) The court or its designated hearing officer shall have
the authority to issue a warrant for a person who is the
subject of a petition filed under this section who has failed
to appear for a hearing on the petition or for any reason in
the interests of justice, or to remand to custody a person
who does appear at a hearing on the petition for any reason
in the interests of justice.
(3) Unless a person subject to postrelease community
supervision is otherwise serving a period of flash
incarceration, whenever a person who is subject to this
section is arrested, with or without a warrant or the filing
of a petition for revocation, the court may order the release
of the person under supervision from custody under any
terms and conditions the court deems appropriate.
(c) The revocation hearing shall be held within a
reasonable time after the filing of the revocation petition.
Except as provided in paragraph (3) of subdivision (b),
based upon a showing of a preponderance of the evidence
that a person under supervision poses an unreasonable
risk to public safety, or that the person may not appear if
released from custody, or for any reason in the interests
of justice, the supervising county agency shall have
the authority to make a determination whether the
person should remain in custody pending the first court
appearance on a petition to revolve postrelease community
supervision, and upon that determination, may order the
person confined pending his or her first court appearance.
(d) Confinement pursuant to paragraphs (1) and (2) of
subdivision (a) shall not exceed a period of 180 days in a
county jail for each custodial sanction.
(e) A person shall not remain under supervision or
in custody pursuant to this title on or after three
years from the date of the person's initial, entry onto
postrelease community supervision, except when his or
her supervision is tolled pursuant to Section 1203.2 or
subdivision (b) of Section 3456.
SEC. 5. DNA COLLECTION
Section 296 of the Penal Code is amended to read:
[language added to an existing section of law is designated
in underlined type and language deleted is designated in
strikeent type]
(a) The following persons shall provide buccal swab
samples, right thumbprints, and a full palm print
impression of each hand, and any blood specimens or
other biological samples required pursuant to this chapter
for law enforcement identification analysis:
(1) Any person, including any juvenile, who is convicted
of or pleads guilty or no contest to any felony offense,
or is found not guilty by reason of insanity of any felony
offense, or any juvenile who is adjudicated under Section
602 of the Welfare and Institutions Code for committing
any felony offense.
(2) Any adult person who is arrested for or charged with
any of the following felony offenses:
(A) Any felony offense specified in Section 290 or attempt
to commit any felony offense described in Section 290, or
any felony offense that imposes upon a person the duty to
register in California as a sex offender under Section 290.
punishable as a misdemeanor pursuant to subdivision (b)
of Section 476a:
(D) A violation of Section 487 that is punishable as a
misdemeanor pursuant to Section 490.2:
(E) A violation of Section 496 that is punishable as a
misdemeanor:
(F) A misdemeanor violation of subdivision (a, of
Section 11350 of the Health and Safety Code:
(G) A misdemeanor violation of subdivision (a) of
Section 11377 of the Health and Safety Code;
(H) A misdemeanor violation of paragraph (1) of
subdivision (e) of Section 243:
(I) A misdemeanor violation of Section 273.5:
(J) A misdemeanor violation of paragraph (1) of
subdivision (b) of Section 368:
(K) Any misdemeanor violation where the victim is
defined as set forth in Section 6211 of the Family Code;
(L) A misdemeanor violation of paragraph(3) of
subdivision (b) of Section 647.
(4XQ The term "felony" as used in this subdivision
includes an attempt to commit the offense.
f 5)(6M Nothing in this chapter shall be construed as
prohibiting collection and analysis of specimens,
samples, or print impressions as a condition of a plea for
a non -qualifying offense.
(b) The provisions of this chapter and its requirements
for submission of specimens, samples and print
impressions as soon as administratively practicable shall
apply to all qualifying persons regardless of sentence
imposed, including any sentence of death, life without
the possibility of parole, or any life or indeterminate
term, or any other disposition rendered in the case of
an adult or juvenile tried as an adult, or whether the
person is diverted, fined, or referred for evaluation, and
regardless of disposition rendered or placement made in
the case of juvenile who is found to have committed any
felony offense or is adjudicated under Section 602 of the
Welfare and Institutions Code.
(c) The provisions of this chapter and its requirements for
submission of specimens, samples, and print impressions
as soon as administratively practicable by qualified
persons as described in subdivision (a) shall apply
regardless of placement or confinement in any mental
hospital or other public or private treatment facility,
and shall include, but not be limited to, the following
persons, including juveniles:
(1) Any person committed to a state hospital or other
treatment facility as a mentally disordered sex offender
under Article 1 (commencing with Section 63 00) of
Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code.
(2) Any person who has a severe mental disorder as set
forth within the provisions of Article 4 (commencing
with Section 2960) of Chapter 7 of Title 1 of Part 3 of the
Penal Code.
(3) Any person found to be a sexually violent predator
pursuant to Article 4 (commencing with Section 6600)
of Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code.
(d) The provisions of this chapter are mandatory
and apply whether or not the court advises a person,
including any juvenile, that he or she must provide the
data bank and database specimens, samples, and print
impressions as a condition of probation, parole, or
any plea of guilty, no contest, or not guilty by reason
of insanity, or any admission to any of the offenses
described in subdivision (a).
(e) If at any stage of court proceedings the prosecuting
attorney determines that specimens, samples, and print
impressions required by this chapter have not already
been taken from any person, as defined under subdivision
(a) of Section 296, the prosecuting attorney shall notify
the court orally on the record, or in writing, and request
a juvenile shall not invalidate an arrest, plea, conviction,
or disposition, or otherwise relieve a person from the
requirements of this chapter.
SEC. 6. SHOPLIFTING
Section 459.5 of the Penal Code is amended to read:
[language added to an existing section of law is designat-
ed in underlined type and language deleted is designated
in strikeout type]
(a) Notwithstanding Section 459, shoplifting is defined
as entering a commercial establishment with intent to
earmnit lare=y steal retail property or merchandise
while that establishment is open during regular business
hours, where the value of the property that is taken
or intended to be taken does not exceed nine hundred
fifty dollars ($950). Any other entry into a commercial
establishment with intent to commit larceny is burglary.
Shoplifting shall be punished as a misdemeanor, except
that a person with one or more prior convictions for an
offense specified in clause (iv) of subparagraph (C) of
paragraph (2) of subdivision (e) of Section 667 or for an
offense requiring registration pursuant to subdivision (c)
of Section 290 may be punished pursuant to subdivision
(h) of Section 1170.
(b) Any act of shoplifting as defined in subdivision (a)
shall be charged as shoplifting. No person who is charged
with shoplifting may also be charged with burglary or
theft of the same property.
(c) "Retail property or merchandise" means any article,
product, commodity, item or component intended to be
sold in retail commerce.
(d) "Value" means the retail value of an item as
advertised by the affected retail establishment, including
applicable taxes.
(e) This section shall not apply to theft of a firearm,
forgery, the unlawful sale, transfer, or conveyance of
an access card pursuant to Section 484e, forgery of an
access card pursuant to Section 484f, the unlawful use
of an access card pursuant to Section 4842, theft from
an elder pursuant to subdivision (e) of Section 368,
receiving stolen property, embezzlement, or identi1y theft
pursuant to Section 530.5, or the theft or unauthorized
use of a vehicle pursuant to Section 10851 of the Vehicle
Code.
Section 490.2 of the Penal Code is amended to"read:
[language added to an existing section of law is designat-
ed in underlined type and language deleted is designated
in strikeettt type]
(a) Notwithstanding Section 487 or any other provision
of law defining grand theft, obtaining any property
by theft where the value of the money, labor, real or
personal property taken does not exceed nine hundred
fifty dollars ($950) shall be considered petty theft and
shall be punished as a misdemeanor, except that such
person may instead be punished pursuant to subdivision
(h) of Section 1170 if that person has one or more prior
convictions for an offense specified in clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e)
of Section 667 or for an offense requiring registration
pursuant to subdivision (c) of Section 290.
(b) This section shall not be applicable to any theft that
may be charged as an infraction pursuant to any other
provision of law.
(c) This section shall not apply to theft of a firearm,
forgery, the unlawful sale, transfer, or conveyance of
an access card pursuant to Section 484e, forgery of an
access card pursuant to Section 484f, the unlawful use
of an access card pursuant to Section 4848, theft from
an elder pursuant to subdivision (e) of Section 368,
receiving stolen property, embezzlement, or identity theft
pursuant to Section 530.5, or the theft or unauthorized
access card pursuant to Section 484e.
(12) Forgery of an access card pursuant to Section 484f.
(13) The unlawful use of an access card pursuant to
Section 484g.
(14) Identity theft pursuant to Section 530.5.
(15) The theft or unauthorized use of a vehicle pursuant to
Section 10851 of the Vehicle Code.
(b) Notwithstanding subsection (3) of subdivision (h) of
Section 1170, subsections (2) and (4) of subdivision (a) of
Section 1170.12, subsections (2) and (4) of subdivision (c)
of Section 667, any person who, having been previously
convicted of two or more of the offenses specified in
subdivision (a), which offenses were committed on
separate occasions, and who is subsequently convicted
of petty theft or shoplifting where the value of the
money, labor, or real or personal property taken exceeds
two hundred fifty dollars ($250) shall be punished by
imprisonment in the county jail not exceeding one year, or
imprisonment pursuant to subdivision (h) of Section 1170.
(c) This section does not prohibit a person or persons from
being charged with any violation of law arising out of the
same criminal transaction that violates this section.
SEC. 8. ORGANIZED RETAIL THEFT
Section 490.4 is added to the Penal Code to read:
(a) "Retail property or merchandise" means any article,
product, commodity, item or component intended to be
sold in retail commerce.
(b) "Value" means the retail value of an item as advertised
by the affected retail establishment, including applicable
taxes.
(c) Any person, who, acting in concert with one or more
other persons, commits two (2) or more thefts pursuant to
Sections 459.5 or 490.2 of retail property or merchandise
having an aggregate value exceeding two hundred fifty
dollars ($250) and unlawfully takes such property during
a period of one hundred eighty days (180) is guilty of
organized retail theft.
(d) Notwithstanding subsection (3) of subdivision (h) of
Section 1170, subsections (2) and (4) of subdivision (a) of
Section 1170.12, subsections (2) and (4) of subdivision (c)
of Section 667, organized retail theft shall be punished by
imprisonment in the county jail not exceeding one year, or
imprisonment pursuant to subdivision (h) of Section 1170.
(e) For purposes of this section, the value of retail property
stolen by persons acting in concert may be aggregated into
a single count or charge, with the sum of the value of all
of the retail merchandise being the values considered in
determining the degree of theft.
(f) An offense under this section may be prosecuted in
any county in which an underlying theft could have been
prosecuted as a separate offense.
(g) This section does not prohibit a person or persons from
being charged with any violation of law arising out of the
same criminal transaction that violates this section.
SEC. 9. AMENDMENTS
This act shall not be amended by the Legislature except by
a statute that furthers the purposes, findings and declara-
tions of the Act and is passed in each house by roll call
vote entered in the journal, three-fourths of the member-
ship of each house concurring, or by a statute that becomes
effective only when approved by the voters.
SEC. 10. SEVERABILITY
If any provision of this Act, or any part of any provision,
or its application to any person or circumstance is for
any reason held to be invalid or unconstitutional, the
remaining provisions and applications which can be given
effect without the invalid or unconstitutional provision or
measure is later held invalid, this measure shall be self-
executing and given full force and effect.
ATTACHMENT NO
An Initiative for Public Safety
VIOLENT CRIME
What is a violent crime'? For California's new parole law,
the definition is murky — and it matters (Los Angeles Times)
Expands the list of violent crimes for which early release is not an option
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
Gives victims reasonable notice of inmates' release and the right to submit a
confidential statement to the Board of Parole Hearings
DNA COLLECTION
California's DNA database gets fewer
hits due to Prop. 47 (KCRA)
Reinstates DNA collection for certain crimes that were reduced to misdemeanors as
part of Proposition 47
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 Prop. 47, cold case hits have dropped over 2,000, with more than 450 of those hits
connected to violent crimes
SERIAL THEFT
An explosion of California property crimes
— due to Prop. 47 (San Francisco Chronicle)
Revises the theft threshold by adding a felony for serial theft — when a person is
caught for the 3rd time stealing with a value of $250
Prop. 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. Theft has increased by
12% to 25%, with losses of a billion dollars since the law was passed.
This problem won't be solved legislatively
PAROLE VIOLATIONS
Suspect in Whittier police officer shooting death
arrested 5 times in last 7 months (Whittier Daily News)
Requires the Board of Parole Hearings to consider an inmate's entire criminal history
when deciding parole, not just his most recent commitment offense; and requires a
mandatory hearing to determine whether parole should be revoked for any parolee
who violates the terms of his parole for the third time
■ 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
Keep California Safe
A Project of the California Public Safety Partnership Issues Committee
Paid for by Keep California Safe, a Project of the California Public Safety Partnership Issues Committee
Committee mal rfunding from
San Bernardino County Sheriff's Employees' Benefit Association
Funding details at www.fppc.ca.gov
ATTACH M EN
Sell a child for sex in California.
Get out of prison early.
The following crimes are not considered "violent" under current California law, allowing inmates convicted of these
crimes to be released from prison early. Our initiative stops early release by making these crimes violent.
■ Human trafficking of a child
• Abducting a minor for prostitution
• Rape by intoxication
■ Rape of an unconscious person
• Felony sexual penetration, sodomy, or oral
copulation when drugs are used or the victim
is unconscious
■ Drive by shooting, or shooting, at an inhabited
dwelling or vehicle
■ Assault with a firearm
■ Felony domestic violence
■ Felony assault with a deadly weapon
■ Serial arson
■ Solicitation to commit murder
m Assault with caustic chemicals
m Assault by a caregiver on a child under 8 that could result
in death or coma
■ Felony assault using force likely to produce great bodily injury
• False imprisonment/taking a hostage when avoiding arrest
or to use as a shield
w Assaulting a police officer with anything except a firearm
• Exploding a bomb to injure people
• Felony hate crime
■ Any felony where a deadly weapon is used
■ Felony use of force or threats against
a witness or victim of a crime
• Felony elder or dependent adult abuse
■ Any crime requiring lifetime (290) sex offender registration
Keep California Safe
A Project of the California Public Safety Partnership Issues Committee
Paid for by Keep California Safe, a Project of the California Public Safety Partnership Issues Committee
Committee majorfunding from
San Bernardino County Sheriff's Employees' Benefit Association
Funding details at www.fppc.ca.gov
ATTACHMENT NO. 4
Keep California Safe
A Project of the California Public Safety Partnership Issues Committee
COALITION LIST
Public Officials
Assemblyman Jim Cooper (D)
Assemblyman Vince Fong (R)
Senator Melissa Hurtado (D)
Assemblyman Kevin Kiley (R)
Assemblyman Jim Patterson (R)
Former Assemblyman Mike Gatto (D)
Fresno County District Attorney Lisa Smittcamp
Kern County District Attorney Cynthia Zimmer
Orange County District Attorney Todd Spitzer
Riverside County District Attorney Michael Hestrin
Sacramento County District Attorney
Anne Marie Schubert
San Luis Obispo County District Attorney Dan Dow
Tulare County District Attorney Tim Ward
Fresno County Board of Supervisors
Modoc County Board of Supervisors
Sacramento County Supervisor Sue Frost
EI Dorado County Sheriff John D'Agostini
Modoc County Sheriff William "Tex" Dowdy
Orange County Sheriff Don Barnes
Former Sacramento County Sheriff John McGinnis
Atwater Police Chief Michael Salvador
Beaumont Police Chief Sean Thuilliez
Calexico Police Chief Gonzalo C. Gerardo
Carlsbad Assistant Police Chief Mickey Williams
Citrus Heights Police Chief Ron Lawrence
Clayton Police Chief Elise Warren
Covina Police Chief John Curley
Dinuba Police Chief Devon Popovich
Fresno Police Chief Jerry P. Dyer
Hemet Police Chief Rob Webb
Hercules Police Chief William Imboden
Huron Police Chief George Turegano
La Habra Police Chief Jerry Price
La Verne Police Chief Nicolas Paz
Lakeport Police Chief Brad Rasmussen
Madera Police Chief Dino Lawson
Patterson Police Chief Marc Nuno
Roseville Police Chief James Maccoun
Santa Ana Police Chief David Valentin
Tehachapi Police Chief Kent Kroeger
-1-
Westmorland Police Chief Perry J. Monita
Aliso Viejo Mayor David Harrington
Bakersfield Mayor Karen Goh
Monrovia Mayor Tom Adams
Redlands Mayor Paul Foster
San Diego Mayor Kevin Faulconer
San Dimas Mayor Pro Tem Ryan Vienna
South EI Monte Mayor Gloria Olmos
Whittier Mayor Joe Vinatieri
Anaheim City Councilman Steve Faessel
Chino Hills City Councilman Brian Johnz
La Puenta City Councilman Don Holloway
Pomona City Councilman Rubio Ramio Gonzalez
San Diego City Councilman Mark Kersey
Carlsbad Unified School District Board Trustee
Ray Pearson
Public Safety Organizations
Association of Deputy District Attorneys
Association of Orange County Deputy Sheriffs
Association for Los Angeles Deputy Sheriffs
Association of Probation Supervisors,
Los Angeles County
California Police Chiefs Association
Crime Victims Alliance (aka Crime Victims Action
Alliance)
Crime Victims United
Criminal Justice Legal Foundation President
Michael Rushford
Long Beach Police Officers Association
Los Angeles Police Protective League
Los Angeles Association of Deputy District Attorneys
Los Angeles County Police Chief's Association PAC
Los Angeles County Professional Peace
Officers Association
Peace Officers Research Association
of California (PORAC)
Riverside Area Rape Crisis Center
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs' Association
Sacramento Police Officers Association
San Bernardino County Sheriff's Employee
Benefit Association
San Diego Police Officers Association Inc.
San Francisco Deputy Sheriffs' Association
San Luis Obispo County District Attorney's Victim
Witness Director Diana Lynn McPartlan
Community and Business Leaders
California Grocers Association
Chico Chamber of Commerce Board of Directors
League of California Cities
Lenora Claire, Media Personality and
Victims Advocate
California Contract Cities Association
Patricia Wenskunas, Crime Survivors CEO
Crime Survivors and Crime Survivors PAC
Marc Klaas, Klaas Kids Foundation
Ralphs Grocery
Riverside Area Rape Crisis Center
Take Back Santa Cruz
Women Escaping a Violent Environment (WEAVE)
City of Anderson
City of Atascadero
City of Auburn
City of Chowchilla
City of Citrus Heights
City of Clovis
City of Colusa
City of Covina
City of Dinuba
City of Eureka
City of Fairfield
City of Farmersville
City of Galt
City of Gilroy
City of Glendale
City of Hughson
City of Huntington Beach
City of Huron
City of Kingsburg
City of La Habra
City of La Puenta
City of La Verne
City of Lakeport
City of Lincoln
City of Modesto
City of Morgan Hill
City of Oakdale
City of Orland
City of Rocklin
City of Rosemead
City of Roseville
City of San Clemente
City of San Joaquin
City of Shasta Lake
City of South EI Monte
City of Tulelake
City of Turlock
City of Tustin
City of Visalia
City of Whittier
City of Winters
City of Yorba Linda
City of Yuba City
Sacramento County Republican Party
Your Friends and Neighbors
Victor Abarca
Lee Abernethy
Deena Acosta
Lourdes Adair
Janiece Adams
Nancy Adams
Adam Adkisson
Nathan Affleck
Heidi Ahearnee
Margaret Alatorre
Lory Alconcher
Brendon Alexander
Racheal Allen
Tammie Allison
Angelina Alvarez
Mar'a Alvarezgarcia
Cheryl Alvord-Smart
Joanna Amador
Ninus Amirfar
Anneka Anderson
Elizabeth Anderson
Kathleen Anderson
Karl Andrews
Kat Andrews
Ashlee Angel
-2-
Diana Antony
Jeanette Applegate
Deanna Araujo
Katherine Archibald
Tim Armbruster
Crystal Armbruster
Stacy Arnold
Ramona Arroyo
Mary Atalla
Stephen Auerbach
John Avila
Nancy Awbrey
Audrea Badial
Vincent Baez
Hilary Bagley
Michelle Bailey
Salette Bailey
Florita Baldomero
Edward Baney
Alicia Barclay
Deborah Barkley
Megan Barnett
Marcia Barrett
David Barron
Matthew Barron
Erica Bass
Mike Bassett
Patrick Batten
Don Bauer
Shirley Baumann
Karl Baysinger
Laura Bednar
Erin Beene
Ann Bell
Jillian Bell
Michael Benca
James Berg
Andreas Berger
Neal Berke
John Berry
Rob Berry
Robert Berry
Carol Bertrand
Marsha Bianchi
Brian Biglione
Taylor Biglione
Tobbie Biglione
Travis Binen
Michelle Bishop
Cassie Bittle
Wendy Bjurstrom
James Blackwell
Michelle Blackwell
Daryl Blaine
Peter Blake
Lynn Bonas
Lee Bonelli
Leza Bonelli
Rick Bonham
Wayne Boom
Christina Borgman
Christine Botti
Kent Botti
Jonathan Boudreau
Jane Bouffard
Betty Bowen
Steve Bowles
Deb Bowyer
Deborah Boyd
Verda Boyd
Deborah Brady
Joseph Brady
Joseph Branston
Randy Bratton
Jeannie Breslin
Dixie Brewer
Burton Brink
Joseph Brockbank
David Broderick
Michelle Brooks
Lloyd Brown
Sandra Brown
Shannon Brown
Staci Brown
Tom Buford
Brett Burgoyne
Howard Burkons
Lindsey Burks
Ellen Buzzard
Jeanine Cain
Fernando Calera, Jr.
Charisse Calomiris
Manuel Camara
Joyce Canepa
Albert Cano
Timothy Cantwell
Samaria Cardenas
Cheryl Carey
Debra Carey
Patricia Carrillo
Jim Carson
Jennifer Carter
Jonathan Casanova
Donn Case
Jose Castillo
Domenica Catalano
Karen Catania
Chris Caulder
Teresa Chalabian
Robert Chapman
Amina Charif
Joseph Charney
Daniel Chavez
Frank Chavez
Steven Chavez
David Clarke
Patrick Cleary
Sylvia Cleary
Sue Cobb
Stephanie Cockrell
Jon Coffman
Bryan Cogburn
Ryan Cole
Susan Collins
Kristen Collishaw
Shannon Congdon
Shane Patrick Connolly
Ellen Connor
David Contreras
Yashira Contreras
Paul Cooper
Amanda Couch
Cristina Covelli
Luigi Covelli
Marc Coventry
-3-
Natalie Cozby
Richard Crawford
Michael Credi
Virginia Crother
Pamela Crowson
Yolanda Cruz
Sean Culler
John Curley
Micah Currado
Colleen Curtin
Lisa Curtis
Didi Jo Dalton
Rebecca David
Cassandra Davis
Mary Davis
Rana Davis
Dean Dawson
Jay Dayvault
Nicole Dekorne
Hilary Delaney
Janet Delay-011enberger
Rhiana Demarco
Brenna Demartini
Jack Denny
Mike Derrig
Sambhav Desai
Erryn Desmond
Jeanne Dhillon-Aguilar
Janice Dias
Eloise Diebel
Tina Diep
Olga Dimitratos
Racheal Dineley
Corrine Dixon
Raymond Dominguez
Tom Donahue
Melanie Dougall
Gregory Downer
Michael Dyt
Melissa Eastman
Loni Edgar
Howard Ekerling
Leslie Elkan
Ryan Ellison
Kathleen Enge
Vincent Erviti
Valerie Escalante
Joe Esqueda
Sandra Estok
Maria Etchepare
Paula Evans
David Facio
Jonathan Feldman
Jana Ferguson
Jason Ferguson
Ron Fernald
Andrea Fiacco
Roxanne Figueroa
Irene Fisher
Joe Flemming
Katharina Fletcher
Denver Floyd
Michele Foerch
Christopher Folkman
Karen Folkman
Sammie Fong
Hannah Forbus
Laurie Forman
Selina Fousekis
Erika Foy
David Franceschini
Joyce Freeman
Bonnie Freitag
Kim Fries
Dawn Froeschner
Andrew Fuentes
Briana Fugitt
Linzie Fukushima
Eirik Fulton
Jeanette Gabriel
David Gadd
Damara Gaidano
Monica Gallagher
Debbie Galletly
Greg Galletly
Megan Galletly
Suzanne Galletly
Delphine Gan
Patrick Ganguet
Yang Gao
Frank Garcia
John Garcia
Raul Garcia
Dale George
Elizabeth Gerszewski
Terry Gherardi
Tonmoy Ghosh
Lisa Gilford
Sherry Gilkey
Joseph Gintier
Adrienne Gladson
Jennifer Glennan
Alexandra Goedrich
Karen Goh
Anita Goldbaum
Aimee Goldberg
Susie Gomez
Crystal Gonzales
David Gonzales
Robert Gonzales
Robin Gonzales
Ivan Gonzalez
Steve Gorski
Kimberly Grahn
Shawn Granger
Donna Granillo
Jami Greer
Becky Gribble
Jodie Grundmann
Kristine Guerrero
Vanesa Guffey
Ryan Gunstream
Lauren Gunter
Deborah Gurry
Mitchell Guzik
Ty Hagenson
Bruce Hall
Melinda Hall
Kristie Hallert
Russell Halterman
Marlene Halvorson
Garrett Hamilton
Terry Hammon
Diane Harkey
Joann Harlan
Darryl Harmon
Monica Harmon
Joe Harrell
Alexander Harris
Emily Harris
Alexander Harrison
Rachel Hart
Malika Hassan
Beverly Hatch
Patricia Havens
Brian Hawkins
Jeff Hawkins
Suzanne Hazel
Christina Heap
Kimberley Heilemann-Witt
Rebecca Heinemann
Marina Hendrickson
Holly Hendrix
Jennifer Henry
Dustin Henschel
Michele Henson
Jeff Herman
Aimee Hernandez
Lisa Hernandez
Valerie Hernandez
Sarah Hickman
Jackie Hicks
Brandy Hill
Patricia Hill
Rick Hillman
Karen Hitch
Joann Hockersmith
Diane Hodapp
Don Holland
Callien Holleran
Dan Holloway
Stephanie Holt
Eric Hood
Khristina Horn
David Horne
Spencer Horowitz
Jeffrey Hoyne
Sara Hubert
Pam Huffman
Deborah Hughes
Diana Hulin
Michael Hull
Sheryl Husmann
Wolfgang Hutton
Ronell laleggio
Michael Impastato
Val Indvik
Mary Jacoby
John Jay
Aj Jha
Kristen Johnson
Ross Johnson
Bobby and Michele Jones
Donna Jones
James Jones
Natalie Jones
Leonid Kamenetsky
Marla Kanelos
Lisa Kauks
Elaine Keane
Paul Keith
Merina Keller
John Kelley
Jonathan Kelley
Kristen Kelley
Hugh Kelly
Tim Kelly
Daniel Kenneally
Bryant Kennedy
Jennifer Kerzie
Johnny Khamis
Jon King
Kayla Kittleson
Nancy Kitz
Marilyn Kohler
Emily Korsgaden
Mahtty Kowalik
Jason Kraft
Max Krasny
Cynthia Krause
Maggie Kreins
Jill Kretschmann
Monika Krupa
Stefanie Krutilek
Nicholas Kufasimes
Rishi Kumar
Chad Lynde
Amy Meyer
Charlene Nord
Helen Kwok
Jackie Lynds
Greg Miculinich
Morgan Nyberg
Cindy La Marr
James Maccoun
Beverly Mier
Candy Oar
Lucia La Rosa Ames
Ana Teresa Maciel
Carol Mill
Michelle O'Brien
Judy La Russa
Gerald Madriaga
Shawn Miller
Laurie Obrien
Amanda Lacour
Naomi Maggard
Victoria Minetta
Shelly Obrien
Teresa Lafever
Betsy Mahan
Jackie Miranda
Eva Okeefe
Bret Langdon
Susan Manheimer
Kristina Mitchell
Samantha Olden
Karl Langhorst
Robert Mann
Linda Molina
Laura Olson
Kema Laporte
Susan Marino
Steve Mooney
Daniel Ormonde
Debbie Laroche
Kathryne Marke
Denise Moore
Carol Ortiz
Julia Larson
Karen Markuson
Steve Mooshagian
Lea Osborne
Ronald Lawrence
Jolene Marquez
Marilu Morales
Krisztina Owyang
Dino Lawson
Joel Marsh
Cynthia Moran
Diana Palmer
Sara Lazarus
Amanda Martin
Mark Moran
Mei Pan
Deb Lebish
Richard Martinez
Jay Morena
Marie Pando
Doug Lee
Janet Martinusen
Analisa Moreno
Andrea Parker
Samantha Lee
Ernest Matsumoto
Sally Moreno
Richard Parker
Stephen Lee
Watson Matthew
Yvonne Morentin
Donna Parsons
Janine Leggitt
Sara May
Jennifer Morgan
Janie Partain
Carol Lehman
Gregg Maynard
John Morrison
Steve Partain
Patricia Lehman
Nancy Maynard
Susan Motander
Jason Passmore
James Lehmann
Vonda Mayo
Kris Motola
Lisa Patrick
Kelly Leitzell
Rachel McCann
Haley Mott
Blaine Patriquin
Amber Lerps
Shayne McCool
Desiree Mulsow
Melinda Peacock
Todd Levitt
Kimberly McCormick
George Munoz
Pat Pearson
Dongxuan Li
Kim McElhattan
Steve Murcko
Kimberly Pemberton
Haifeng Li
Tobie McElrath
Jon Murphy
Karina Perez
Dayona Liana
Tonya McKenzie
Michael Murphy
Vanessa Perez
Reanna Lilga
Stephanie McLaughlin
Dirk Murset
Jannai Pero
John Lin
De Anna McNeal
Susan Murtishaw
Ronald L. Perrigo, Jr.
Gary Linafelter
Meredith McNeil
Stephen Muser
Chris Perry
Cari Liptak
Diana McPartlan
Dave Mustard
Jodi Pesicka
Arianne Littlebuck
Amy McPherson
Helen Myers
Hamilton Peter
Helen Liu
Kathryn McSkimming
Brent Navarro
John Peters
Ken Lomba
James Medeiros
Heather Neal
Shari Petrik
Lara Longo
Samantha Medeiros
Mike Neal
Andrew Peyton
Adriana Lopez
Rick Medlin, Sr.
Erin Nelsen
Greg Philippon
Destiny Lopez
Lee Meller
K. Nelson
William Phillips
Luis Lopez
Tracey Melstrom
Susan Nelson
Alexandria Pierce
Jose M. Lorenzana
Adriana Mendes
Richard Neves
Phillip Pistoresi
Jerry Louie
David Mendez
Patrick Newman
Debra Poage
Kara Lowry
Jan Mericle
April Newton
Mary Pollaro
Miguel Lucerom
Nooshin Meshkaty
Les Nickerson
Ame Ponce
M. Ly
Cinthya Messick
Jeff Noland
Liniah Poole
-5-
Sarah Popkey
Walker Romer
Dan Shoham
Dick Taylor
Devon Popovich
Katherine Romine
Karen Shonka
Farrell Taylor
Deborah Powell
Shirley Rosenberg
Wendy Shrove
Tami Taylor
Stephen Powell
Jeff Rossel
Bernardita Sides
Cassondra Teig
Donna Powers
Shaun Rundle
Deborah Sieckman
Wendy Testa
Terry Prather
Michael Rushford
Loma Siegel
Christopher Thomas
Nicholas Previsich
Matthew Rusinek
Jennifer Silva
Jeffery Thomas
Lorraine Pudarich
Katherine Russ-Hotfelter
Sandra Sim
Elenzia Thompson
Jennifer Quan
Cecilia Sabbatella
Kari Sisto
Leslie Thompson
Alma Quinn
Mary Sabo
Diane Skidmore
Pamela Thornton
Amanda Radtke
Monica Sabunas
Barry Smith
Sean Thuilliez
Adrian Ramirez
Kenia Sagastume
Paula Smith
Loyce Tobler
Alonso Ramirez
Tom Saggau
Randy Smith
James Tolerico
Cindy Ramirez
Marissa Salazar
Renee Smith
Mike Tom
Damian Ramirez
Irma Salazar -Allen
Teri Snitzler
Jose Torres
Brad Rasmussen
Orlando Saldana
Ladonna Snow
Marianne Traughber
Linda Carty Ray
Katherine Salgado
Todd Spitzer
Alicia Trent
Karen Redding
Michael Salvador
Herbert Stackhouse
Rudy Trevino
Michele Reed
Lorenzo Sanchez
Beverly Stafford
Tamara Trevino
Catherine Regan
Erica Sandberg
Kellie Stafford
Heather Triffo
Anthony Reginato
Sandra Sanders
William Stafford
Christopher Trinh
Kelli Reid
Elizabeth Sanoff
Inga Stanelun
April Tucker
Chris Reiman
Rhonda Saunders
Beverly Stanley
Barbara Tyler
Garry Reynolds
Wendy Sauter
Betsy Starman
Nicole Ueno
Michael Reynolds
Greta Schadler
Terry Starr
Corey Uhden
Becky Rhodes
Julie Schell
Ted Stec
Moon Um
Nick Ricci
Patricia Schell
Joetta Steed
Daniel Umphenour
Lavon Rich
Dan Schmidt
Reine Steel
Robert Utermohlen
Pamela Richardson
Amy Schoenbaum
Victor Stegman
Elena Valido
Katina Richison
Patricia Schroeder
Bruce Stephens
Les Van Meter
Kristina Richman
Julia Schultz
Jason Stephens
Benjamin Van Zee
Michael Rieder
Elena Schuss
Monica Stephenson
Linda Vancamp
Emily Riley
Shelly Schwartz
Ellyn Stern
Will Vander Poel
Brian Rinder
Matthew Sciaroni
John Stone
Heather Vandermark
Rebecca Rinder
Bryan Scott
Zach Strei
Tanja Vasicovschi
Martin Rivera
Michelle Seghezzi
Scott Strong
Ingrid Vaynovsky
Dana Roberts
Phila Seng
Leah Suelter
Donna Vela
Betty Robinson
Laurie Sharpe
Maria Sulsona
Ronald Verdugo
Susan Rodeck
Steve Shatynski
Jessica Sutton
Charlotte Vermeulen
Michelle Rodriguez
Chien Cheng Sher
Chantele Tactacan
Andrew Vestey
Richard Rodriguez
Shirley Sherman
Joe Tait
Vanessa Vizard
Windy Rodriguez
Taylor Sherman
Janelly Tapia
Dawn Vogelgesang
Jason Roe
Randolph Shieff
Mary Ann Tapia
Laurann Wakefield
Cheryl Roeder
Marsha Shipley -Lawrence
Audrey Taylor
Mr. Walker
Kristina Rogers
Bonnie Shirley
Caterina Taylor
Bruce Walker
Celeste Walter
Kellie Workman
Edmund Wang
Carey Worthy
Wentong Wang
Dixie Wright
Elise Warren
Justin Wyatt
Robert Wasson
Viki Xing
Rachael Watkins
Peter Y
Gabriella Webb
Renee Yamas
Paul Webster
Anthony Yamas
Patricia Wenskunas
Michelle Yang
Kathy Foss West
Liyu Yang
Stephanie Westerfield
Steve Yparrea
Elaine Wheeler
Ana Zamora
Briana Whitmer
Victoria Zdarko
Kathy Wickman
Kathy Zelaya
Ann Wiebe
Hedan Zhang
Mary Wieder
Johnny Zhou
Maryann Wieder
Timothy Zimmer
Rebecca Wiest
Carla Zuniga
Hannah Wilkerson
Dave & Christine Williams
Kathleen Williams
Mickey Williams
L. Wilson
Lynn Ann Wilson
Brooke Winfrey
William Wood
Trisha Wooles
Eric Wong
Keep California Safe
A Project of the California Public Safety Partnership Issues Committee
Ad paid for by Keep California Safe, a Project of the California Public Safety Partnership Issues Committee
Committee major funding from
San Bernardino County Sheriff's Employees' Benefit Association
Funding details at www.fppc.ca.gov
-7-
ATTACHMENT NO. 5
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
repeatedly to face few consequences,
times they steal; and
Resolution No. 18-33
Page 1 of 3
to California law allow individuals who steal
regardless of their criminal record or how many
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 2 of 3
PASSED AND ADOPTED at a
Tustin held on the 17th day of April, 2(
ATTEST:
#4 e z —
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: Murray, Gomez, Puckett, Bernstein, Clark (5)
COUNCILPERSONS NOES: (0)
COUNCILPERSONS ABSTAINED: (0)
COUNCILPERSONS ABSENT: (0)
M ERICA N. RABE,
City Clerk
Resolution No. 18-33
Page 3 of 3
ATTACHMENT NO. 6
RESOLUTION NO. 20-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA SUPPORTING THE REDUCING CRIME AND KEEPING
CALIFORNIA SAFE ACT OF 2020
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: and
WHEREAS, since 2013, violent crime in Los Angeles has increased 69.5% and
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 allow the early release of dangerous
criminals by the law's failure to define certain crimes as "violent," and these changes
allowed individuals convicted of sex trafficking of children, rape of an unconscious person,
felony assault with a deadly weapon, and felony domestic violence to be considered
"nonviolent" offenders; and
WHEREAS, as a result, these "nonviolent" 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; and
WHEREAS, the Reducing Crime and Keeping California Safe Act of 2020 ("Act")
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 the 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
Resolution 20-14
Page 1 of 4
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
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; and
WHEREAS, 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 percent 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, but 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, and this Act would enact
such reforms; and
WHEREAS, collecting DNA from criminals is essential to solving violent crimes,
and over 450 violent crimes including murder, rape and robbery have gone unsolved
because DNA is being collected from fewer criminals; and
WHERAS, 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;
and 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, but this Act restores DNA collection from persons
convicted for such offenses; and
WHEREAS, permitting collection and more DNA samples will help identify
suspects, clear the innocent and free the wrongly convicted; and
Resolution 20-14
Page 2 of 4
WHEREAS, this Act does not affect existing legal safeguards that protect the
privacy of individuals by allowing for their removal of their DNA profile if they are not
charged with a crime, are acquitted or are found innocent.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 17th day of March, 2020.
DR. ALLAN BERNSTEIN,
Mayor
U11aI:Na
ERICA N. YASUDA,
City Clerk
Resolution 20-14
Page 3 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 20-14 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 17th day of March, 2020
by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA,
City Clerk
Resolution 20-14
Page 4 of 4