Report to Mayor and City Council
Wednesday, July 05, 2017
Consent
SUBJECT:
Title
CONSIDERATION OF RESOLUTION NO. 17-089 SUPPORTING AB 1408 (CALDERON) A STATE MEASURE TO REQUIRE REVOCATION OF PROBATION AFTER A THIRD VIOLATION AND RESOLUTION NO. 17-092 PROMOTING LEGISLATIVE REFORMS TO IMPROVE THE UNINTENDED NEGATIVE IMPACTS OF EXISTING CRIMINAL LAW (CITY COUNCIL)
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I. SUMMARY
Resolution No. 17-089 is before you tonight in support of AB 1408 state measure that provides a range of important reforms associated with managing the population of ex-offenders who are subject to post-release community supervision, and does so in a manner that can be expected to enhance public safety in our communities. On June 27, 2017, AB 1408 passed the Senate Public Safety Committee and was referred to the Senate Appropriations Committee.
Resolution No. 17-092 is before you tonight in support of the public safety changes advocated by the City of Whittier that could reduce the potential negative impacts from existing criminal law.
II. RECOMMENDATION
Recommendation
TAKE the following actions:
1. ADOPT Resolution No. 17-089 entitled, “A Resolution of the City Council of the City of Whittier, California, supporting AB 1408, a State Measure to require revocation of probation after a third violation;”
2. ADOPT Resolution No. 17-092 entitled, “A Resolution of the City Council of the City of carson, California, promoting legislative reforms to ADDRESS THE impacts oN COMMUNITIES FROM AB 109 AND PROPOSITION 47;” and
3. DIRECT staff to forward copies of the executed resolutions to Senator Bradford, Assemblymember Gipson and Mayor Vinatieri, City of Whittier.
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III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
Resolution No. 17-089 Supports AB 1408
Earlier this year an incident occurred in Whittier where Whittier Police Officer Keith Boyer was fatally shot and Whittier Police Officer Patrick Hazwell was wounded. AB 1408 proposes a range of important reforms to public safety.
First, it expands the volume and quality of data available to local law enforcement by mandating the California Department of Corrections and Rehabilitation to provide locals with copies of an inmate’s record of supervision during any period of parole.
Second, it specifies that during its deliberations about whether to grant an inmate parole, the state Parole Board shall consider the individual’s entire criminal history, including all past convicted offenses, in making that determination. This is a critical provision in that it ends the current policy of considering only the offender’s most recent commitment offense. It also follows other practices related to developing a realistic assessment of an individual’s actual risk of reoffending.
Third, AB 1408 prohibits the use of intermediate sanctions such as flash incarceration for ex-offenders on post-release community supervision who have violated the terms of their release for a third time. This measure specifies that in the case of such repeat offenders, the supervising agency must modify or revoke post-release community supervision.
Finally, this measure requires notice to the court, sheriff, district attorney and public defender if the local probation department employs flash incarceration, and authorizes a peace officer, including a probation officer to arrest an individual on post-release community supervision if he or she has failed to appear at a hearing on a motion to modify or revoke such supervision.
Resolution No. 17-092 Supports Public Safety Changes
Resolution No. 17-092 supports public safety changes advocated by the City of Whittier that could reduce the potential negative impacts from existing criminal law. The City of Whittier is interested in exploring additional strategies such as seeing parole hearings televised on the CAL channel so the public can watch. Another concept is to require enhanced sentencing if the violator is a member of a criminal gang.
Summary of AB 109 and Propositions 47 and 57
During the past several years, State legislative changes have made fundamental alterations to the fabric of California’s criminal justice system, specifically AB 109 and Propositions 47 and 57. The changes that have been enacted by AB 109, Proposition 47, and Proposition 57 have created a situation where career criminals are serving little to no prison time, which has had the effect of eroding the health and safety of sheriff deputies, police officers, residents, and property. The impacts from State legislative changes have been extensive, and crime rates and the number of victims are increasing throughout California. The negative impacts of these laws were unintended when voters and legislators approved the laws, which were instead intended to help lower the prison population in California prisons and appropriately rehabilitate non-violent offenders.
Ultimately, as a result of AB 109, while the State prison population has decreased, local jail facilities have seen an increase in the number inmates being incarcerated, resulting in lower-level criminals being released early. This has had a direct impact on rising property crime rates throughout the State.
The effects of Proposition 47 have been far reaching. Today, a criminal can steal as much and as many times as they like, and so long as the value of what is stolen during each theft is less than $950, the violation is considered a misdemeanor. In addition, the possession of any illegal drug - including cocaine, heroin, and methamphetamine - has been reclassified as a misdemeanor violation, which has decimated the legal system’s ability to compel addicts to enter drug rehabilitation programs.
Proposition 57, called The Public Safety and Rehabilitation Act, was approved by 65% of California voters in 2016. Proposition 57 allows the State to provide for the early release of up to 30,000 criminals convicted of “non-violent” felonies.
V. FISCAL IMPACT
None at this at this time.
VI. EXHIBITS
1. Draft Resolution No. 17-089. (pgs. 4-5)
2. Draft Resolution No. 17-092. (pgs. 6-7)
Prepared by: Lisa Berglund, Principal Administrative Analyst