HomeMy WebLinkAbout2018-04-10 - AGENDA REPORTS - REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF (2)11
Agenda Item: 11
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS
CITY MANAGER APPROVAL:
DATE: April 10, 2018
SUBJECT: REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF
2018
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
and Keeping California Safe Act of 2018 and transmit position statements to
legislative delegation, the League of California Cities, and any other appropriate organizations.
BACKGROUND
Since 2011, changes in state law, starting with AB 109, The Criminal Justice Realignment Act,
to reduce in-state prison overcrowding. However, the enforcement of these laws have had
unintended consequences, spurring potential for a new ballot initiative for the November 6, 2018,
The proposed initiative requires 365,880 petition signatures to be considered for the November
6, 2018, General Election ballot. The initiative reached the required 25 percent of total petition
signatures threshold or 91,740 petition signatures for circulation by the California Secretary of
State on February 7, 2018. The circulation deadline for the initiative is July 3, 2018.
The Criminal Justice Realignment Act shifted nearly 45,000 individuals from state prison to
local county jails. As a result, county jails have experienced an increase in inmates with higher
level sentences, which has resulted in many individuals who commit new, lower level petty
crimes, to simply be booked and then released, serving little to no jail time.
On November 4, 2014, voters approved Proposition 47, which reclassified some felony offenses
as misdemeanors, including personal use of ecstasy, heroin, and methamphetamine and
reclassified shoplifting, where the value of property stolen does not exceed $950, to a
misdemeanor.
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On November 8, 2016, voters approved Proposition 57, which amended the State Constitution to
specify that any person convicted of a nonviolent felony offense would be considered for early
release after completing the full term for their primary offense.
rape, robbery, and arson, have increased by over 18 percent in Los Angeles County from 2014 to
2017. In the City of Santa Clarita, Part 1 crimes have increased by approximately 25 percent
from 2014 to 2017.
The Reducing Crime and Keeping California Safe Act of 2018 proposes to amend the State
Constitution to increase penalties for certain theft-related crimes, changes the existing nonviolent
offender release consideration process, changes community supervision practices, and requires
DNA collection from adults convicted of certain misdemeanors.
This proposed initiative specifies that certain theft-related crimes such as forgery, identity theft,
and unauthorized use of a vehicle cannot be charged as petty theft or shoplifting regardless of the
value of money or property stolen, as it is directed in Proposition 47. Additionally, the initiative
would make it allowable for the certain theft-related crimes to be charged as felonies, punishable
by up to three years in county jail or state prison.
Specifically, the proposed initiative:
1. Establishes any person with two or more prior convictions for specified theft-related
crimes (such as burglary, forgery, or grand theft auto) who is subsequently found guilty
of shoplifting or petty theft, for a third time, involving money or property that exceeds
years in jail.
2. Establishes any person, acting with one or more other persons who commits two or more
instances of petty theft or shoplifting where the total value of property stolen within a
could be punishable by up to three years in jail.
Additionally, the proposed initiative makes the following changes related to Proposition 57 and
the process of early release:
1. Reclassifies some nonviolent felonies as felonies, including rape of an unconscious
person, rape of a person with a mental disorder, abduction of a minor for purposes of
prostitution, and assault with a deadly weapon on a peace officer. The reclassification
would make individuals who are found to guilty of these crimes ineligible for early
release.
2. Allows prosecuting agencies to appeal a release decision made by the California Board of
Parole Hearings.
Counties currently have discretion on whether to punish offenders on post-release community
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supervision who violate the terms of their supervision. In the case of serious violations, the
supervision, potentially resulting in harsher terms of supervision or placement in county jail.
The proposed initiative makes the following changes to community supervision practices and
information related to post-release community supervision:
1. Requires probation departments to petition the court to revoke a post-release community
time.
2. Requires counties to provide any records of supervision related to post-release
community supervision offenders upon request by the California Department of
Corrections and Rehabilitation (CDCR). CDCR would be required to provide similar
information to local law enforcement, related to individuals being released from prison
into their jurisdiction.
The California Police Chiefs Association (sponsor), California Grocers Association (sponsor),
California District Attorneys Association, League of California Cities - Los Angeles County
Division, and the following cities have taken a position of support on the Reducing Crime and
Keeping California Safe Act of 2018: Chico, Citrus Heights, Eureka, Gilroy, Morgan Hill, and
Whittier.
The City Council Legislative Committee met on March 19, 2018, and recommends the City
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of California Cities, and any other appropriate organizations.
ALTERNATIVE ACTION
1. Safe Act of 2018
2.
3. Take no action on the Reducing Crime and Keeping California Safe Act of 2018
4. Refer the Reducing Crime and Keeping California Safe Act of 2018 back to the Legislative
Committee
5. Other action, as determined by the City Council
X
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FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2017-18 budget.
ATTACHMENTS
Reducing Crime and Keeping California Safe Act of 2018 Initiative
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INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points
of the proposed measure:
To the Honorable Secretary of State of California:
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