Agenda Item 13 Reviewed: AGENDA REPORT City Manager A Finance Director MEETING DATE: APRIL 17, 2018 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JEFFREY C. PARKER, CITY MANAGER SUBJECT: KEEPING CALIFORNIA SAFE ACT RESOLUTION OF SUPPORT 1111 yi1 lr,f_1 W6 Consider formal support Reducing Crime and Keeping California Safe Act 2018. RECOMMENDATION: Adopt City Council Resolution No. 18-33. OVERVIEW: The Reducing Crime and Keeping California Safe Act 2018 is a statutory measure that has been cleared for circulation by Secretary State to qualify for November 2018 ballot. The measure would: 1. Increase penalties for certain ft -related crimes by reinstating felony convictions for serial ft when a person is caught stealing for a 3rd time with a value $250; 2. Change nonviolent fender release consideration processes and expand list violent crimes for which early release is not an option; 3. Change community supervision practices by requiring Board Parole Hearings to consider an inmate' s entire criminal history when deciding parole and require a mandatory hearing to determine wher parole should be revoked for any parolee who violates terms his/ her parole for third time. 4. Reinstate DNA collection for crimes that were reduced to misdemeanors under Prop 47. As part City Council legislative update on April 3, 2018, staff was directed to bring back attached resolution support back for City Council' s consideration. City Council Resolution 18-33 is provided for City Council' s consideration, which includes language suggested by League California Cities and is becoming widely supported by public safety, community, and business leaders. 593
Keeping California Safe Act Resolution Support April 17, 2018 Page 2 3 Background: Since 2011, changes in state law, starting with AB 109, altered fabric California' s criminal justice system. In 2011, AB 109 began to shift nearly 45, 000 felons from state prison system to local county jails. Prior to AB 109, many California' s more heavily populated counties already had jail systems that were operating under courtordered or self-imposed population caps. As a result, AB 109 implementation triggered over time county jails experienced an influx a rougher class fender, and many lower level petty criminals committing new fenses were simply booked and released, serving no jail time at all. changes Proposition 47 followed in 2014, reclassifying a host felony fenses as misdemeanors increasing threshold amount for a felony charge grand ft from $ 450. 00 to 900. 00. The effect this change was to significantly stimulate volume petty ft, and shoplifting, auto ft, and organized retail ft. Proposition 57, approved by voters in 2016, facilitates potential early release a large number "non-violent" fenders by providing that inmates areeligible for parole once y have served 100% ir base sentence, without regard to any time served as a result any sentencing enhancements. The universe " non- violent" fenders could include individuals who have committed following fenses: rape by intoxication, attempted drive- by shooting, assault with a deadly weapon, throwing acid with intent to disfigure, to name but a few fenses. Since current law defines a " non- violent fender" based on individual' s most recent commitment fense, even if individual is a repeat fender, State Parole Board must still consider that person' s parole application. This state affairs includes factors such as a higher proportion fenders at large on our city streets, many whom have had little in way rehabilitation programming while incarcerated, some with drug habits, who are more violent now that when initially incarcerated. Unless y engage in major illegal activity ( murder, rape, arson, armed robbery), available sanctions for any violations y commit, such as flash incarceration, i. e. temporary incarceration for 48-72 hours in a city or county jail, scarcely provide a meaningful deterrent to furr criminal activity. Impacts to cities: Communities in California are now facing increasing crime rates which can be linked to se recent legislative changes, which probation ficers and local law enforcement are struggling to monitor and contain a situation in which a dramatically increased universe fenders are at large in our communities. The Public Policy Institute California reports that since 2015: 594
Keeping California Safe Act Resolution Support April 17, 2018 Page 3 3 California has experienced an increase in overall crime Property crime is up 145% Violent crime is up 54% One in four Californians view violence and street crime in his or her community as a substantial problem Arrests dropped 31 % for property crimes and 68% for drug fenses (due to Prop. 47) The report concludes auto ft increase is a direct result AB 109 ATTACHMENT: City Council Resolution No. 18-33 595
RESOLUTION NO. 18-33 A OF RESOLUTION THE CITY SUPPORTING CALIFORNIA THE COUNCIL OF REDUCING THE CITY CRIME OF AND TUSTIN, KEEPING CALIFORNIA SAFE ACT OF 2018. protecting every person in our state, including our most vulnerable from children, violent crime is utmost importance. Murderers, rapists, child molesters and or violent criminals should not be released early from prison; and since 2014, California has had a larger increase in violent crime than rest United States. Since 2013, violent crime in Los Angeles has increased 69. 5%. Violent crime in Sacramento rose faster during first six months 2015 than in any 25 largest U. S. cities tracked by FBI; and The FBI Preliminary Semiannual Uniform Crime Report for 2017, which tracks crimes committed during first six months past year in U. S. cities with populations over 100, 000, indicates that last year violent crime increased again in most California' s largest cities; and recent changes to parole laws allowed early release dangerous by law' s failure to define certain crimes as " violent." These changes allowed individuals convicted sex trafficking children, rape an unconscious person, felony assault with a deadly weapon, battery on a police ficer or firefighter, and felony domestic criminals violence to be considered " nonviolent fenders."; and as a result, se so- called " non- violent" fenders are eligible for early release from prison after serving only a fraction sentence ordered by a judge; and violent fenders are also being allowed to remain free in our communities even when y commit new crimes and violate terms ir post release community supervision, like gang member charged with murder Whittier Police Officer, Keith Boyer; and this measure reforms law so felons who violate terms ir release can be brought back to court and held accountable for such violations; and nothing in this act is intended to create additional " strike" fenses which would increase state prison population, nor is it intended to affect ability California Department Corrections and Rehabilitation to award educational and merit credits; and recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless ir criminal record or how many times y steal; and Resolution No. 18-33 Page 1 3 596
as a result, between 2014 and 2016, California had 2nd highest increase in ft and property crimes in United States, while most states have seen a steady decline. According to California Department Justice, value property stolen in 2015 was $ 2. 5 billion with an increase 13 percent since 2014, largest single -year increase in at least ten years; and grocery store operators around state have seen unprecedented increases in amount losses associated with shoplifting in ir stores, with some reporting up to 150% increases in se losses from 2012 to present, with largest jumps occurring since 2014; and shoplifting incidents have started to escalate in such a manner that have endangered innocent customers and employees; and individuals who repeatedly steal ten do so to support ir drug habit. Recent changes to California law have reduced judges' ability to order individuals convicted repeated ft crimes into effective drug treatment programs; and California needs stronger laws for those who are repeatedly convicted ft related crimes, which will encourage those who repeatedly steal to support ir drug problem to enter into existing drug treatment programs. This measure enacts such reforms; and 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 DNA collected in 2015 from a convicted child molester solved rape -murders 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 2012 San Francisco Bay Area rape/ murder an 83 -year-old woman; and recent changes to California law unintentionally eliminated DNA collection for ft and drug crimes. This measure restores DNA collection from persons convicted for such fenses; and permitting collection more DNA samples will help identify suspects, clear innocent and free wrongly convicted, and this measure does not affect existing legal safeguards that protect privacy individuals by allowing for removal ir DNA prile if y are not charged with a crime, are acquitted or are found innocent. NOW, THEREFORE, BE IT RESOLVED that City Council City Tustin herby supports Reducing Crime and Keeping California Safe Act 2018. Resolution No. 18-33 Page 23 597
PASSED AND ADOPTED at a regular meeting City Council City Tustin held on 17th day April, 2018. ELWYN A. MURRAY, Mayor ATTEST: ERICA N. RABE, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Rabe, City Clerk and ex -ficio Clerk City Council City Tustin, California, do hereby certify that whole number members City Council is five; that above and foregoing Resolution No. 18-33 was duly and regularly passed and adopted at a regular meeting City Council held on 17th day April, 2018 by following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: ERICA N. RABE, City Clerk Resolution No. 18-33 Page 3 3 598