HomeMy WebLinkAboutCouncilmember Item - Mayor Posey - Filing of Claim with the'roFk�� � iN cjo e� j
Y OF HUNTINGTON BEACH
To: Honorable City Council Members
From: Mike Posey, Mayor 'AVD
Date: October 8, 2018
Subject: CITY COUNCIL MEMBER ITEM FOR THE OCTOBER 15, 2018,
CITY COUNCIL MEETING — FILING OF CLAIM WITH THE
COMMISSION ON STATE MANDATES RELATED TO THE
PASSAGE OF ASSEMBLY 109
STATEMENT OF ISSUE:
In 2011, the California Legislature passed the Public Safety Realignment Act (Assembly Bill
109) that transferred responsibility for supervising specific low-level inmates and parolees from
the California Department of Corrections and Rehabilitation to counties. This Act tasked local
government at the county level with developing a new approach to reducing recidivism among
its population. AB 109 took effect October 1, 2011, and realigned three major areas of the
criminal justice system:
1. Transferred the location of incarceration for individuals convicted of lower level specified
non-violent, non -serious, non -sex offences from state prison to local county jail;
2. Transferred responsibility from the State to the County for post -release supervision of
those released from prison after having served a sentence for a non-violent, non -
serious, non -sex offense by creating a new category of supervision called Post -Release
Community Supervision; and
3. Transferred the housing responsibility for parole and PRCS revocations to local jail
custody.
These changes to the criminal justice system resulted in an influx of so called "non-violent'
offenders into our community. The impact of AB 109 was that while it decreased the prison
population it increased the county jail population and many local jurisdictions saw an increase in
property crimes.1 This realignment has caused local jurisdictions to experience an increase in
public safety costs related to the influx of offenders. While the actual amount is unknown at this
time, it would be prudent for the City to analyze the costs related to the implementation of AB
109.
RECOMMENDED ACTION:
Direct the City Manager and the Police Chief to conduct an analysis of the existence of financial
distress placed upon the City due to the implementation of Assembly Bill 109 and report back to
the City Council within 90 days. If such financial distress exists, the City should investigate
whether this would qualify as a Test Claim with the Commission on State Mandates.
Cc.. Fred Wilson, City Manager Robin Estanislau, City Clerk
Lori Ann Farrell, Assistant City Manager Michael Gates, City Attorney
Presentation on Impacts of AB 109, Proposition 47 & 57 by Michele Hanisee President of the Association of
Deputy District Attorneys accessed online on September 27, 2018 -
https://www.cityoftnonrovia.org/home/showdocument?id=8996
City of Huntington Beach
File #: 18-430 MEETING DATE: 10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mike Posey, Mayor
Subiect:
Item Submitted by Mayor Posey for the October 15, 2018, City Council Meeting - Filing of
Claim with the Commission on State Mandates Related to the Passage of Assembly 109
Statement of Issue:
In 2011, the California Legislature passed the Public Safety Realignment Act (Assembly Bill 109) that
transferred responsibility for supervising specific low-level inmates and parolees from the California
Department of Corrections and Rehabilitation to counties. This Act tasked local government at the
county level with developing a new approach to reducing recidivism among its population. AB 109
took effect October 1, 2011, and realigned three major areas of the criminal justice system:
1. Transferred the location of incarceration for individuals convicted of lower level specified non-
violent, non -serious, non -sex offences from state prison to local county jail;
2. Transferred responsibility from the State to the County for post -release supervision of those
released from prison after having served a sentence for a non-violent, non -serious, non -sex
offense by creating a new category of supervision called Post -Release Community
Supervision; and
3. Transferred the housing responsibility for parole and PRCS revocations to local jail custody.
These changes to the criminal justice system resulted in an influx of so called "non-violent" offenders
into our community. The impact of AB 109 was that while it decreased the prison population it
increased the county jail population and many local jurisdictions saw an increase in property crimes.
This realignment has caused local jurisdictions to experience an increase in public safety costs
related to the influx of offenders. While the actual amount is unknown at this time, it would be
prudent for the City to analyze the costs related to the implementation of AB 109.
Recommended Action:
Direct the City Manager and the Police Chief to conduct an analysis of the existence of financial
distress placed upon the City due to the implementation of Assembly Bill 109 and report back to the
City Council within 90 days. If such financial distress exists, the City should investigate whether this
would qualify as a Test Claim with the Commission on State Mandates.
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