HomeMy WebLinkAbout2016-10-25 - AGENDA REPORTS - PROPOSITION 57 (2)Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: fill
DATE: October 25, 2016
SUBJECT: PROPOSITION 57: THE PUBLIC SAFETY AND REHABILITATION
ACT OF 2016
DEPARTMENT: City Manager's Office
PRESENTER: Michael Murphy
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee's recommendation to oppose
Proposition 57: The Public Safety and Rehabilitation Act of 2016.
BACKGROUND
Proposition 57 is an initiative constitutional amendment and statute, which will appear on the
November 8, 2016, General Election Ballot. The ballot measure provides for early release from
prison for certain inmates convicted of nonviolent felonies, new state prison sentencing credits,
and juvenile court judge determination of whether a juvenile may be prosecuted as an adult.
As of June 2016, there are an estimated 128,000 individuals in California's state prison system.
Individuals serving time in prison have been found guilty of a primary offense. An individual
may serve additional time to their primary offense if they are also convicted of lesser crimes at
the time of their primary offense. Some individuals may also be required to serve additional
time due to various sentencing enhancements such as prior convictions, participation in gang -
related crimes or committing a felony while released on bail.
Existing law requires the California State Board of Parole Hearings (Board) to conduct a parole
consideration hearing to determine whether an individual is ready to be released from prison.
Depending on the type of conviction and sentence, some individuals are eligible to be reviewed
by the Board after serving half of their prison sentence.
Proposition 57 changes the State Constitution to make individuals who are convicted of
"nonviolent felony" offenses eligible for parole consideration after serving a full prison term for
their primary offense. As a result, the Board would decide whether to release these individuals
before they have served any additional time related to other crimes or sentencing enhancements.
This measure and current law do not specify which felony crimes are defined as nonviolent;
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therefore, this provision would apply to any felony offenses that are not specifically defined as
violent in the California Penal Code.
California statutes award conduct credits to state prison inmates and allow the California
Department of Corrections and Rehabilitation (CDCR) to administer the credits, under certain
conditions. The credits are provided for good behavior or for participating in work, training, or
education programs. In most cases, individuals are able to reduce up to 50 percent of their
sentence through awarded conduct credits. However, under current law, if a defendant is serving
a violent felony sentence, the defendant may earn conduct credits of up to 15 percent, meaning
that the defendant must serve 85 percent of their sentence. Additionally, individuals serving a
murder sentence are required to serve their full sentence without any opportunity to receive
conduct credits.
Although current law already authorizes CDCR to administer conduct credits, Proposition 57
grants CDCR constitutional authority to award credits earned for good behavior and approved
rehabilitative or educational achievements. This provision does not include any limitation or
criteria related to the type of inmate or conviction this piece of the measure would apply.
In certain circumstances, youth accused of committing crimes when they are age 14 or older can
be tried in adult court and receive adult sentences. Applicable cases are based upon the
seriousness of the crime, criminal history, or the discretion of the prosecutor or judge.
Proposition 57 changes state law to require that all youth, no matter the severity of their charge,
have a hearing in juvenile court before they can be transferred to adult court. As a result, the
only way a youth can be tried in adult court is if the juvenile court judge in the hearing decides to
transfer the youth to adult court.
The City Council Legislative Committee met on October 11, 2016, and recommends that the
City Council adopt an "oppose" position on Proposition 57.
NOTABLE SUPPORTERS
Governor Jerry Brown, Lieutenant Governor Gavin Newsom, California Democratic Party, Los
Angeles Chamber of Commerce, Los Angeles Police Chief Charlie Beck, State Senator Loni
Hancock, District Attorney Bonnie Dumanis, San Diego, League of Women Voters, California
Federation of Teachers
NOTABLE OPPONENTS
State Assembly Member Scott Wilk, State Assembly Member Tom Lackey, Los Angeles County
Supervisor Mike Antonovich, Los Angeles County District Attorney Jackie Lacey, Southern
California Alliance of Law Enforcement, Association for Los Angeles Deputy Sheriffs, Los
Angeles County Police Chiefs' Association, The Santa Clarita Valley Signal, The Sheriffs for the
Counties of Butte, Colusa, Del Norte, El Dorado, Fresno, Kern, Mariposa, Mendocino, Merced,
Modoc, Mono, Orange, Sacramento, San Luis Obispo, San Mateo, Shasta, Siskiyou, Solano,
Sonoma, Stanislaus, Tehama, Tulare, Tuolumne, Ventura, Yolo, and The District Attorney's for
the Counties of Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado,
Fresno, Kern, Kings, Lake, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Riverside,
Sacramento, Tulare
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ALTERNATIVE ACTION
1. Adopt a "support" position on Proposition 57
2. Take no position on Proposition 57
3. Refer Proposition 57 back to the Legislative Committee
4. Other direction as determined by the City Council
FISCAL IMPACT
No additional resources beyond those approved in the FY 2016/17 budget are required for
implementation of the recommended action.
ATTACHMENTS
Proposition 57: The Public Safety and Rehabilitation Act of 2016
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THE PUBLIC SAFETY AND REHABILITATION ACT OF 2016
SECTION 1. Title.
This measure shall be known and may be cited as "The Public Safety and Rehabilitation Act of
2016."
SEC. 2. Purpose and Intent.
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In enacting this Act, it is the purpose and intent of the people of the State of California to: �.
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1. Protect and enhance public safety.
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2. Save money by reducing wasteful spending on prisons.
3. Prevent federal courts from indiscriminately releasing prisoners.
4. Stop the revolving door of crime by emphasizing rehabilitation, especially for juveniles.
5. Require a judge, not a prosecutor, to decide whether juveniles should be tried in adult
court.
SEC. 3. Section 32 is added to Article I of the California Constitution, to read:
SEC. 32. a) The following provisions are hereby enacted to enhance public safety, improve
rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding an. tag
in this article or any other of law:
(1) Parole consideration: Any person convicted of a non-violent felony offense and sentenced to
state prison shall be eligible for parole consideration after completing the full term for his or her
primary offense.
(A) For purposes of this section only, the full term for the primary offense means the longest
term of imprisonment imposed by the court for any offense, excludingtposition of an
enhancement, consecutive sentence, or alternative sentence.
(2) Credit Earning: The Department of Corrections and Rehabilitation shall have authority to
award credits earned for Lrood behavior and annroved rehabilitative or educational achievements.
(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of
these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall
certify that these regulations protect and enhance public safety_
SEC. 4. Judicial Transfer Process.
Sections 602 and 707 of the Welfare and Institutions Code are hereby amended.
Section 602 of the Welfare and Institutions Code is amended to read:
602. W Except as provided in subdivision Section 707, any person who is under 18 years of
age when he or she violates any law of this state or of the United States or any ordinance of any
city or county of this state defining crime other than an ordinance establishing a curfew based
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solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to
be a ward of the court.
(b) Any pefsen who is alleged, when he of she was 14 years of age of eldef, to have eemmit4e A
one of the following offenses shall be pfeseeuted tmdef the genefal law in a eetift of efifninal
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Section 707 of the Welfare and Institutions Code is amended to read:
707. (a)(1) In any case in which a minor is alleged to be a person described in s4divisio (a' of
Section 602 by reason of the violation, when he or she was 16 years of age or older, of any
felony criminal statutes or- or-dinanee exeept these listed in subdivision , or of an offense listed
in subdivision (b) when he or she was 14 or 15 vears of age. the District Attornev or other
appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a
court of criminal jurisdiction. upeff The motion of the „efitiore must be made prior to the
attachment of jeopardy_ Upon such motion, the juvenile court shall ea -use order the probation
officer to itwestigate a submit a report on the behavioral patterns and social history of the
minor, . The report shall include any written or
oral statement offered by the victim pursuant to Section 656.2.
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Q Following submission and consideration of the report, and of any other relevant evidence that
the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor
should be transferred to a court of criminal jurisdiction. In making its decision, the court shall
consider the criteria specified in subparagraphs (A)to E) below. If the court orders a transfer of
jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes.
In any case in which a hearing has been noticed pursuant to this section, the court shall postpone
the taking of a Dlea to the petition until the conclusion of the transfer hearing. and no alea that
may have been entered already shall constitute evidence at the hearing_ may find thM the mine
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(A)(i) The degree of criminal sophistication exhibited by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
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any relevant factor, including, but not limited to, the minor's age, maturity, intellectual capacity,
and physical, mental, and emotional health at the time of the alleged offense, the minor's
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impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of
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familial, adult, or peer pressure on the minor's actions, and the effect of the minor's family and
community environment and childhood trauma on the minor's criminal sophistication.
(B)(i) Whether the minor can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction.
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(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
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any relevant factor, including, but not limited to, the minor's potential to grow and mature.
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(C)(i) The minor's previous delinquent history.
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(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
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(D)(i) Success of previous attempts by the juvenile court to rehabilitate the minor.
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(E)(i) The circumstances and gravity of the offense alleged in the petition to have been
committed by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including but not limited to, the actual behavior of the person, the mental
state of the person, the person's degree of involvement in the crime, the level of harm actually
caused by the person, and the person's mental and emotional development.
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(b) Subdivision (e) (a) shall be applicable in any case in which a minor is alleged to be a person
described in Section 602 by reason of the violation of one of the following offenses when he or
she was 14 or 15 years of age:
(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3) Robbery.
(4) Rape with force, violence, or threat of great bodily harm.
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(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8) An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purposes of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) An offense described in Section 1203.09 of the Penal Code.
(17) An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) A felony offense in which the minor personally used a weapon described in any provision
listed in Section 16590 of the Penal Code.
(19) A felony offense described in Section 136.1 or 137 of the Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a
controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code
(21) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which
also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or
forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally
inflicted upon an employee of the juvenile facility during the commission of the escape.
(23) Torture as described in Sections 206 and 206.1 of the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or
deadly weapon.
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(26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209
of the Penal Code.
(27) Kidnapping as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal Code.
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SEC.5. Amendment.
This Act shall be broadly construed to accomplish its purposes. The provisions of Section 4 of
this measure may be amended so long as such amendments are consistent with and further the
intent of this Act by a statute that is passed by a majority vote of the members of each house of
the Legislature and signed by the Governor.
SEC.6. Severability.
If any provision of this measure, or part of this measure, or the application of any provision or
part to any person or circumstances, is for any reason held to be invalid, the remaining
provisions, or applications of provisions, shall not be affected, but shall remain in full force and
effect, and to this end the provisions of this measure are severable.
SEC. 7. Conflicting Initiatives.
(a) In the event that this measure and another measure addressing credits and parole eligibility
for state prisoners or adult court prosecution for juvenile defendants shall appear on the same
statewide ballot, the provisions of the other measure or measures shall be deemed to be in
conflict with this measure. In the event that this measure receives a greater number of
affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure
shall prevail in their entirety, and the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure
approved by voters at the same election, and the conflicting ballot measure is later held invalid,
this measure shall be self-executing and given full force and effect.
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SEC. 8. Proponent Standing.
Notwithstanding any other provision of law, if the State, government agency, or any of its
officials fail to defend the constitutionality of this act, following its approval by the voters, any
other government employer, the proponent, or in their absence, any citizen of this State shall
have the authority to intervene in any court action challenging the constitutionality of this act for
the purpose of defending its constitutionality, whether such action is in any trial court, on appeal,
or on discretionary review by the Supreme Court of California and/or the Supreme Court of the
United States. The reasonable fees and costs of defending the action shall be a charge on funds LO
appropriated to the Department of Justice, which shall be satisfied promptly. c
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SEC. 9. Liberal Construction.
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This Act shall be liberally construed to effectuate its purposes.
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