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Home My WebLink AboutE-7 Staff Report - Reducing Crime and Keeping California Safe Act CONSENT ITEM E-7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: LOUIE F. LACASELLA, SENIOR MANAGEMENT ANALYST DATE: MARCH 5, 2018 SUBJECT: ADOPT RESOLUTION SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018 SUMMARY: 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 alone have increased 69.5%. 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 many California cities. 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."; 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. The proposed action requests that the City Council adopt Resolution No. 2018-C24 supporting the Reducing Crime and Keeping California Safe Act of 2018 which includes common-sense reforms to the State’s criminal justice system. RECOMMENDATION: Staff recommends the City Council take the following action: 1) Adopt Resolution No. 2018-C24 supporting the Reducing Crime and Keeping California Safe Act of 2018. DISCUSSION: The Keeping California Safe Act of 2018 (Act) includes key components that addresses the negative impacts of Assembly Bill 109 (AB 109), Proposition 47 (Prop 47) and Proposition 57 (Prop 57), implementing much needed common-sense reform to the State’s criminal justice system. Keeping California Safe Act of 2018 March 5, 2018 Page 2 AB 109, Prop 47, Prop 57 • In 2011, Assembly Bill 109, or Realignment, served the purpose of addressing the unsafe overcrowding in State prisons. The approval of AB 109 transferred nearly 45,000 felons from the State prison system to local jail facilities. As local jail facilities were never designed to house violent criminals, AB 109 has resulted in the release of tens of thousands of lower-level convicted criminals back into the communities. • Approved by 60% of voters in 2014, Proposition 47, or the Safe Neighborhoods and Schools Act, reclassified a number of non-violent, non-serious crimes. Felonies such as drug possession, repeated shoplifting, forging checks, and gun theft are now classified as misdemeanors. • Proposition 57 was approved by 65% of California voters in 2016. Titled as the Public Safety and Rehabilitation Act, it will allow the state to release up to 30,000 criminals convicted of “non- violent” felonies. Reducing Crime and Keeping California Safe Act The California Public Safety Partnership Issues Committee is circulating a proposed initiative called the Reducing Crime and Keeping California Safe Act. The proposed measure is being advanced by Sacramento District Attorney Anne Marie Schubert and Assemblymember Jim Cooper, and if the measure does obtain the requisite number of signatures needed to qualify for the November 2018 ballot, the legislation that voters will be asked to consider would do the following: • Reclassify currently “non-violent” crimes – like rape of an unconscious person, sex trafficking of a child and 14 other serious crimes – as “violent” in order to prevent the early release of inmates convicted of these crimes. • Reform the parole system to stop the early release of violent felons, expand parolee oversight, and strengthen penalties for parole violations. • Reform theft laws to restore accountability for serial thieves and organized theft gangs. • Expand DNA collection to include those convicted of drug, theft, domestic violence and other serious crimes to help solve rape, murder and other violent crimes — and to exonerate those wrongly accused. Taking Back Our Community Coalition The City of Azusa is currently a member of the Taking Back Our Community Coalition (TBOC) which has grown to over 35 cities. The Coalition was created to seek and support common sense reforms to fix the consequences of the passage of AB 109, Prop 47 and Prop 57. Although this Act does not address all the concerns that TBOC has, it does include key components that further the objectives of the Coalition. Keeping California Safe Act of 2018 March 5, 2018 Page 3 FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Louie F. Lacasella Don Penman Senior Management Analyst Interim City Manager Attachments: 1) Resolution No. 2018-C24 Supporting the Reducing Crime and Keeping California Safe Act of 2018 ATTACHMENT 1 RESOLUTION NO. 2018-C24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA 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 many California cities. WHEREAS, recent changes to parole laws allowed the early release of dangerous criminals by the law's failure to define certain crimes as "violent." These changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered "nonviolent offenders."; and WHEREAS, as a result, these so-called "non-violent" offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; and WHEREAS, violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision, like the gang member charged with the murder of Whittier Police Officer, Keith Boyer; and WHEREAS, this measure reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations; and WHEREAS, nothing in this act is intended to create additional "strike" offenses which would increase the state prison population, nor is it intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits; and WHEREAS, recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal; and 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 Azusa herby supports the Reducing Crime and Keeping California Safe Act of 2018. PASSED, APPROVED and ADOPTED this 5th day of March, 2018. _______________________________ Joseph Romero Rocha Mayor ATTEST: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2018-C24 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 5th day of March, 2018, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr., City Clerk APPROVED AS TO FORM: ___________________________________ Best Best & Krieger, LLP City Attorney