Loading...
2020-10-07 City Council Item No. 5.1 Reducing Crime and Keeping California Safe Act of 2020 Presentation Regular MEETING - Additional Meeting MaterialsCity Council Presentation Item 5.1 Reducing Crime and Keeping California Safe Act of 2020 October 7, 2020 City Council Presentation Item 5.1 Office of the City Manager Menifee Police Department •On October 2, 2019, the City Council received a presentation from Chief Walsh and the City Attorney concerning the implementation and impact of Senate Bill 678, Assembly Bill 109, and Proposition 47, all of which contributed to “realignment” of prisoners and inmates throughout California. •At the conclusion of the meeting, the City Council requested that staff prepare a Resolution supporting reforms to mitigate the adverse effects that realignment has had on local communities. Background •On November 6, 2019, City Council adopted Resolution No. 19-846, supporting reforms to mitigate the impacts of the realignment on local communities. •City Council unanimously agreed to forward the approved Resolution to the City’s legislators. Resolution Restricts parole for non-violent offenders. Authorizes felony sentences for certain offenses currently treated only as misdemeanors. Initiative statute. Proposition 20 •Proposition 20 was developed in response to the Legislature’s failure to fix significant public safety problems created by AB 109 and Propositions 47 and 57: •AB 109 shifted tens of thousands of criminals from state custody to overcrowded local jails and under-resourced post-release community supervision•Prop. 57 allowed many inmates to apply for parole earlier •Prop. 47 changed some drug and property crimes from felonies to misdemeanors, allowing early parole for violent criminals, and a surge in retail theft, car break-ins, burglaries, illegal drug use and other property crimes throughout the state Keep California Safe Initiative Why: •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 under Prop. 57 What the Initiative Does Violent Crimes •Expands the list of violent crimes for which early release is not an option •Gives victims reasonable notice of inmates’ release and the right to submit a confidential statement to the Board of Parole Hearings Why: •Prop. 47 created the new crime of “shoplifting.” This new crime allows serial thieves to steal repeatedly, even multiple times a day, and each act of theft is separate and dollar amounts cannot be aggregated •As a result, there has been an explosion of serial theft and an inability of law enforcement to prosecute these crimes effectively, instilling fear and resentment in local residents. Theft has increased by 12-25 percent, with billions in losses since the law was passed What the Initiative Does Serial Theft •Revises the theft threshold by adding a felony for serial theft –when a person is convicted for the third time stealing with a value of $250 Why: •Multiple studies have shown that DNA collected from theft and drug crimes 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 What the Initiative Does DNA Collection •Reinstates DNA collection for certain crimes that were reduced to misdemeanors as part of Prop. 47 Why: •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 What the Initiative Does Parole Violations •The initiative 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 •It does not repeal Props 47 or 57 —it was carefully and narrowly drafted to fix very specific, yet serious and dangerous flaws contained in both, but it is not a wholesale repeal of either •It does not put additional people in prison —it addresses components of Props 47 and 57 specific to early release and parole, not prison sentencing. What it does is keeps people in prison who have committed truly violent crimes —such as rape of an unconscious person, human trafficking and assault with a deadly weapon What the Initiative Does Not Do QUESTIONS? Thank you.