2 Resolution Supporting the “Reducing Crime and Keeping California Safe Act of 2018.”

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MEETING DATE: April 03, 2018

STAFF REPORT

AGENDA ITEM: Resolution Supporting the “Reducing Crime and Keeping California Safe Act of 2018.”

MEETING DATE: April 3, 2018

PREPARED BY: Ruben Chavez, Chief of Police

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution No. 2018-_, relaying the City Council’s support of the public safety initiative referred to as the “Reducing Crime and Keeping Safe Act of 2018.”

BACKGROUND:

The State of California has approved several ballot measures which were intended to lower recidivism and incarceration rates while increasing opportunities for rehabilitation. While the overall goals had the best interest at heart and in fact were somewhat successful, there were a series of unintended consequences. The California Police Chiefs Association has asked cities to support a proposition to restore several of the deterrent factors which were removed.

DISCUSSION:

The implementation of several rehabilitation measures resulted in major changes to our justice system. With passages of AB 109 and Propositions 47 & 57, while the intent was worthy, it allowed for the early release of those incarcerated for “non-violent,” drug related, or property crimes. As such, crimes which were previously categorized as a felony and allowed the collection of DNA, were now misdemeanors and prohibited this most useful investigatory practice. Some jurisdictions experienced an increase in violent crimes where early release resulted in hardened criminals benefiting from the measures by getting out early. Several documented cases showed those who committed serious crimes, including the murder of a police officer, would have not been able to commit the crimes had the measures not been passed as they would still be incarcerated.

Another example relates to property crimes. While previous theft related convictions were classified as felonies after the second conviction, they were not simple misdemeanors. In essence, a prolific thief could steal an item valued at less than $950 and continue to be convicted even after 100 convictions and would still only face a simple misdemeanor. Those whom the public wanted to provide the benefit of rehabilitation to, were actually taking advantage of this loophole. As a result, many retail establishments experienced a significant increase in property related theft cnmes.

This measure would not impact some of the basic tenants of the measure, however, would restore or “fix” several of the loopholes which were not realized until after implementation. This would include the collection of DNA from those crimes previously listed a felonies, restore the felony

section for petty theft with a prior conviction, and reclassify those felony crimes which were classified as “non-violent” and prohibit the early release of those convicted of those crimes.

The California Police Chiefs Associations strongly supports the measure and asks that each municipality in California support the “Reducing Crime and Keeping Safe Act of 2018” through passage of a resolution.

FISCAL IMPACT:

There is no fiscal impact

ATTACHMENTS:

1. Resolution No. 2018-

2. Initiative Fact Sheet

RESOLUTION NO. 2018-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON 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 most of California’s largest cities; and

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 sentences 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 Livingston herby supports the “Reducing Crime and Keeping California Safe Act of2018.”

Passed and adopted this 3rd day of April 2018, by the following vote: AYES:

NOES:

ABSTAIN:

ABSENT:

Jim Soria, Mayor

of the City of Livingston

ATTEST:

I, hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 3rd day of April, 2018.

Antonio Silva, City Clerk of the City of Livingston