AB 109 and Prop 47 County Public Planning

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AB 109 and Prop 47 County Public Planning West Sacramento April 15 st, 2015 Yolo County Board of Supervisors and Community Corrections Partnership

Yolo County Board of Supervisors Supervisor Oscar Villegas Introductions and Overview

Brent Cardall, Chief Probation Officer AB 109 Realignment in Yolo County: Year 4

What is Realignment in CA? On October 1 st, 2011 California's Corrections Realignment Plan, one of the most significant changes to California's criminal justice system in decades, went into effect. AB 109 Public Safety Realignment The plan shifts responsibility from the state to counties for the custody, treatment, and supervision of individuals convicted of specified non-violent, non-serious, non-sex crimes.

Public Safety Realignment Local Jail Custody for convictions under Penal Code 1170 for: non violent non-serious non sex offenders Changes to State Parole Local Post Release Supervision Community Corrections Partnership Executive Committee Chief Probation Officer Brent Cardall (Chair) Municipal Police, Davis Police Chief Landy Black Yolo County Sheriff Ed Prieto District Attorney Jeff Reisig Public Defender Tracie Olson Yolo Superior Courts, Court Executive Officer Shawn Landry Public Health Director Jill Cook

CCP Mission The mission of the Yolo County Community Corrections Partnership is to protect the public by holding offenders accountable and providing opportunities that support victim and community restoration, offender rehabilitation and successful reintegration.

Early Planning Efforts The County s goal in 2011 was to triage criminal justice services that would receive immediate impacts from AB 109 Year 1: FY 2011/12, Re-open and maintain jail beds at Leinberger Detention Facility Expanded Sheriff s Electronic Monitoring: from 30 to 100 capacity Expanded Probation s supervision: lowered caseloads from 300/1 down to 50/1 for more intensive community supervision Funded Frontline City Police Departments Funded Severely Mentally Ill (SMI) Offender Emergency Hospitalization Supplemental Funding to District Attorney and Public Defender Planning facilitation and data management

Early Planning Efforts Year 2 Additional Priorities: FY 2012/13 Established a Day Reporting Center (50 in-custody;75 out-ofcustody) Expansion of funding for District Attorney services Expansion of jail Bed support for Sheriff s Department Funded transportation, clothing and hygiene products as needed by re-entry population Technical assistance reviews of year 1 strategies using the Crime and Justice Institute Expanded support of Probation s Pre-Trial Supervision operations Expanded substance abuse and mental health treatment 4 th and Hope (Residential/Transitional Housing) Cache Creek Lodge (Residential/Transitional Housing) CommuniCare (Outpatient and Dual Diagnosis) Alcohol, Drug and Mental Health (SMI Treatment)

Last Year s Priorities Year 3: FY 2013/14 Expanded Services for the Day Reporting Center GED Probation Case Management System Victims Services Advocate Jail Re-entry Senior Social Worker In-Custody (Jail) GED and Vocational Education Services Additional Support of Probation Pre-Trial Services Additional Support of Sheriff Jail Beds Police/Probation Collaborative Operations Public Safety Board Ad Hoc Program Technical Assistance

Year 4: New CCP Strategic Plan Last year, the Board and CCP contracted with the Crime and Justice Institute to facilitate a new strategic plan Goal 1: Ensure a Safe Environment For All Residents and Visitors by Reducing and Preventing Local Crime Goal 2: Restore Victims and the Community Goal 3: Hold Offenders Accountable Goal 4: Build Offender Competency and Support Reintegration Goal 5: Reduce Recidivism Public Outreach Meetings informed community priorities: New plan established 39 Strategic Planning Projects to be completed over a three year period (2014-2017)

2015 Planning Projects Major Initiatives Create an integrated criminal justice system database that provides consistent reporting of data and drives decisions by 2016 Implement a coordinated victim notification system by January 2015 (Completed) Expand the juvenile and adult community review boards to West Sacramento by January 1 st, 2016 and county-wide by January 1 st, 2019

Before Proposition 47, Impacts from AB 109 Jail Overcrowding Full year-round 80% of County jailed sentenced offenders from AB 109 Realignment More Higher Risk to Re-offend Supervised Offenders Since October of 2011, 505 Post-Release Community Supervision (PRCS) felons came back to Yolo County from State Prisons At any given time, 750-800 High Risk Offenders Under Probation s case managed supervision Additional Burden on County Court Attorneys

Jeff Reisig District Attorney Proposition 47: Year 1

What is Proposition 47? Prop 47 was a ballot initiative passed by California voters on November 4 th, 2014 Passed with 59% of the vote The initiative reduces 9 classifications of "non-serious and non-violent property and drug crimes" from a felony to a misdemeanor Most significant, the law went into effect November 6 th, 2014. County systems that had 6 months to plan for AB 109 but only had 24 hours to plan Prop 47

Prop 47 Offenses Mandates misdemeanors instead of felonies for non-serious, nonviolent crimes," unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes The measure requires misdemeanor sentencing instead of felony for the following crimes: Shoplifting, where the value of property stolen does not exceed $950 Grand theft, where the value of the stolen property does not exceed $950 Receiving stolen property, where the value of the property does not exceed $950 Forgery, where the value of forged check, bond or bill does not exceed $950 Fraud, where the value of the fraudulent check, draft or order does not exceed $950 Writing a bad check, where the value of the check does not exceed $950 Personal use of most illegal drugs

Process and Conditions Prop 47 permits re-sentencing for anyone currently serving a prison sentence for any of the Offenses that the initiative reduces to misdemeanors. About 10,000 prison inmates will be eligible for resentencing, according to Californians for Safety and Justice. Prop 47 requires a thorough review of criminal history and risk assessment of any individuals before re-sentencing to ensure that they do not pose a risk to the public. The State did not proactively plan contingencies to support counties in providing treatment services to misdemeanors Counties must priorities high risk felon substance abusers over misdemeanors due to the other elements of their offenses

Future Funding to Mitigate System Transitions Creates the Safe Neighborhoods and Schools Fund. The fund will receive appropriations based on savings accrued by the state during the fiscal year, as compared to the previous fiscal year, due to the initiative s implementation. Estimates range from $150 million to $250 million per year. Distributes funds from the Safe Neighborhoods and Schools Fund as follows: 25% to the Department of Education 10% to the Victim Compensation and Government Claims Board 65% to the Board of State and Community Correction.

Local Impacts of Prop 47 273 local felony cases have been reduced since November 5 th 36 new misdemeanor drug cases have been sentenced Local County Jail had 90 open beds in January As of March 30 th, there were 414 in-custody offenders out of 455 available beds (91% occupancy) The Community Corrections Partnership agreed to open up AB 109 contracts with substance abuse providers to misdemeanor offenders, The penalties for non-compliance are significantly reduced Before Prop 47, felony offenses had suspended incarceration terms for multiple years, and now those offenses carry a year at most.

45 40 Prop 47 Agency Requested Charges 40 36 35 31 30 28 25 25 25 24 20 18 19 20 20 20 18 17 15 15 15 14 15 14 10 9 10 6 7 5 0 1 0 1 4 1 1 0 2 0 2 3 3 DPD UCDPD WPD WIPD WSPD YCSO Other November 2014 December 2014 January 2015 February 2015 March 2015 The Yolo County District Attorney s Office has received 464 Prop 47 charge referrals since November 5th from local law enforcement agencies.

Part I Crimes: Violent (2011-2014) 350 300 250 200 150 100 50 0 2011 2012 2013 2014 Davis West Sacramento Winters Woodland 2011 2012 2013 2014 Davis 114 93 105 84 West Sacramento 172 190 249 262 Winters 11 6 7 21 Woodland 179 177 272 300

Part I Crimes: Property (2011-2014) 2,500 2,000 1,500 1,000 500 0 2011 2012 2013 2014 Davis West Sacramento Winters Woodland 2011 2012 2013 2014 Davis 1,499 1,497 1,805 1,470 West Sacramento 1,389 1,480 1,494 1,313 Winters 106 84 117 159 Woodland 1,213 1,787 1,978 1,785 2013: Burglaries and larcenies were abnormally high in Davis & Woodland

Adult & Juvenile Arrests (2011-2014) 4,000 Adult Arrests 3,000 2,000 1,000 800 Juvenile Arrests 0 2011 2012 2013 2014 Davis West Sacramento Winters Woodland 2011 2012 2013 2014 0 Davis 860 852 766 936 2011 2012 2013 2014 West Sacramento 1,757 1,792 2,101 2,523 Winters 307 362 259 298 Davis West Sacramento Winters Woodland Woodland 2,549 2,344 2,416 3,083 2011 2012 2013 2014 Davis 133 152 157 98 West Sacramento 206 168 163 215 Winters 23 29 13 14 Woodland 702 467 466 390 600 400 200

West Sacramento Police Department Chief Thomas McDonald Crime Summary

AB109 and PRCS Contacts (2012-2014) 450 400 409 PRCS Contacts 350 300 250 200 150 100 50 319 297 0 2012 2013 2014 There are currently 72 PRCS and 11 1170(h) subjects living in West Sacramento.

Prop 47 Penal Codes that were Felonies and are now Misdemeanors Property Related Codes Now Misdemeanors 459.5 = Shoplifting 473(b) = Forgery less than $950 476a = NSF checks less than $950 490.2 = Grand Theft less than $950 496(a) = Receiving/Concealing stolen property less than $950 666 = Petty Theft with a prior Drug Related Codes Now Misdemeanors 11350 HS = simple possession of heroin, cocaine, listed controlled substances 11357(a) HS = simple possession of concentrated cannabis 11377 HS = simple possession of methamphetamine, ecstasy, GHB, listed substances

Prop 47 Adult Arrests (5 Month Period Nov 2014-Mar 2015) Felony/Misde meanor 100 90 80 70 60 50 40 30 20 10 0 87 86 0 1 2013/2014 2014/2015 Felony Misdemeanor In 2013/2014 there were 87 Felony charges. Since the implementation of Prop 47 these same codes are now charged as Misdemeanors. In 2014/2015 there are 86 Misdemeanor charges and 1 Felony charge.

First Quarter Stats (2015 YTD) Week 1-13 Violent Crime has increased by 22% Property Crime has increased by 12% Overall Part I UCR Crime has increased by 14% Adult Arrests have increased by 19% Misdemeanor Adult Arrests have increased by 48% Felony Adult Arrests have decreased by 24% Adult H&S Arrests are the same as the first quarter of 2014.

Quarterly UCR Comparison (2013-2014) 500 UCR Part I Total Crime 450 400 350 300 250 200 150 100 50 0 2013 2014 2015 450 400 350 300 250 200 150 100 50 0 Property Crime 2013 2014 2015 80 70 60 50 40 30 20 10 0 Violent Crime 2013 2014 2015

First Quarter (Jan-Mar) UCR Comparison (2013-2015) VIOLENT CRIME 2013-2014 = 15% Increase 2014-2015 = 22% Increase PROPERTY CRIME 2013-2014 = 20% Increase 2014-2015 = 12% Increase TOTAL CRIME 2013-2014 = 20% Increase 2014-2015 = 14% Increase

Activity/Productivity (First Qtr.) (2013-2015) Reports 2000 1458 1523 1500 1783 1000 500 Calls For Service 30000 24719 25000 22143 20000 14660 15000 10000 5000 0 2013 2014 2015 Calls For Service: 2013-2014 = 123% Increase 0 2013 2014 2015 Reports: 2013-2015 = 22% Increase Officer Initiated Activity (2013-2014): Adult Arrests: +21% Juvenile Arrests: +23% Citations: +25% Field Interviews: +395% Officer Initiated Calls For Service: +44%

Question and Answer

Thank you for your involvement! Contact Information: Yolo County Probation Department 2780 East Gibson Road Woodland, Ca 95776 (530) 406-5331 brent.cardall@yolocounty.org