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HomeMy WebLinkAboutDiscuss Proposition 47, the "Safe Neighborhoods and Schools /Dept,1D AD 34333 Page 1 of 2 Meeting Date: 101612014 C", 4 CITY TI TBEACH p _ REQUEST FOR. ITY COUNCIL ACTION I MEETING DATE: 1016/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED Y: Fred A. Wilson, City Manager PEP BY: Teri Baker, Assistant to the City Manager SUBJECT: Discuss Proposition 47, the "Safe Neighborhoods and Schools Act"which would be funded from the cost savings achieved by various crime reduction provisions of the measure. Statement of Issue: On September 30, 2014, the Intergovernmental Relations Committee heard a presentation by Police Chief Handy regarding Proposition 47 —"Safe Neighborhoods and Schools Act." If approved by the voters in November, the program will be funded from the cost savings achieved by various crime reduction provisions in the measure. The California Police Chief's Association, among many other law enforcement agencies, is strongly opposed to Proposition 47 as it would create an early release of current state prison inmates in order to create savings to fund the Department of Education's prevention and support programs. Financial Impact: None by this action. Recommended Action: Receive and file. Alternative ction(sl: NA Analysis: Proposition 47, the "Safe Neighborhoods and Schools Act" has qualified for the November 4, 2014 ballot. If approved by the voters, this measure will reduce the penalty for many crimes from a felony to a misdemeanor, thereby reducing the sentencing for those crimes. This measure would reduce the California prison population by re-classifying and re-categorizing violent and offensive felony crimes down to a lesser misdemeanor status with little or no consequence to the perpetrator. Law enforcement agencies across California are extremely concerned that this law would send a terrible message to criminals and produce a disastrous consequence for society. Proposition 47 is called the "Safe Neighborhoods and Schools Act" by its proponents because it would provided funding for the Department of Education and other agencies to implement prevention and support programs in K — 12 public schools, trauma recovery services for crime victims and provide mental health and substance abuse treatment programs to reduce recidivism. The funding would be achieved primarily from the savings created by the early release of certain prisoners. The State Department of Finance would be responsible for calculating the savings achieved from the early release of prisoners that accrued to the State from this act and distribute Item 5. - I Dept.ID AD 14-131 Page 2 of 2 Meeting Date: 10/6/2014 the savings as follows: 25% Department of Education; 10% to the Victim Compensation Government Claims Board; 65% to BSCC for mental health treatment. Even proponents of the measure acknowledge that over 10,000 felons would be eligible for early release. The vast majority of these felons have serious or violent criminal histories. For these, and many more reasons, there is a coalition of Law Enforcement in California that have joined together to defeat Proposition 47. In addition to the California Police Chief's Association, the coalition also includes the California State Sheriffs Association, the California Peace Officers Association, and the California Narcotics Officers Association. Many Cities are adopting resolutions opposing Proposition 47; however, the City of Huntington Beach Council Manual Section 1.01.08 specifically states "The City Council shall take no stand, either pro or con, with respect to any statement ballot proposition (Minute action, 4/16/1976; Resolution 4344-October 1976). Therefore, this item is being presented to the City Council as an informational item to educate the public. Environmental Status: NA Straegiic Plan Goal: Enhance and maintain public safety Attachments): 1. Proposition 47 2. FAQs for Proposition 47 Item 5. - 2 H 13 - - ATTACHMENT '� THE SAFE NE IGHBORHOODS AND SCHOOLS ACT SECTION ONE. Title. This Act shall be krimArn as"the Safe Neighborhoods and Schools Act." SECTION TWO. Findings and Declarations. The people of the State of California find and declare as follows: The People enact the Safe Neighborhoods and Schools Act to ensure that prison spending is focused on violent and serious offenses,maximize alternatives for-non- serious,nonviolent crime, and invest the savings generated from this Act into prevention and support programs in K-12 schools,victim services, and mental health and drug treatment. This Act ensures that sentences for people convicted of dangerous crimes like rape,murder, and child molestation are not changed. SECTION THREE. Purpose and Intent. In enacting this Act, it is the purpose and intent of the people of the State of California to: (1)Ensure that people convicted of murder, rape, and child molestation will not benefit from this Act. (2) Create the Safe Neighborhoods and Schools Fund with 25% of the Rinds to be provided to the Department of Education for crime prevention and support programs in K-12 schools, 10% of the funds for trauma recovery services for crime victims, and 65% of the funds for mental health.and substance abuse treatment programs to reduce recidivism of people in the justice system. (3)Require misdemeanors instead of felonies for non-serious, nonviolent crimes like petty theft and drug possession,unless the defendant has prior convictions for specified violent or serious crimes. (4)Authorize consideration of resentencing for anyone who is currently serving a sentence for any of the offenses listed herein that are now misdemeanors. (5) Require a thorough review of criminal history and risk assessment of any individuals before resentencing to ensure that they do not pose a risk to public safety. (6)This measure will save significant state corrections dollars on an annual basis. Item 5. - 3 Preliminary estimates range from$150 million to $250 million per year. This measure will increase investments in programs that red-ace crime and improve public safety, such as prevention programs in K-12 schools, victim services,and mental health and drug treatment, which will reduce future expenditures for corrections. SECTION FOUR. Chapter 33 (commencing with Section 7599) is added to Division 7 of Title 1 of the Government Code, to read: Chapter 33, Creation of Safe Neighborhoods and Schools Fund 7599, (a)A fund to be known as the"Safe Nei ghborhoods and Schools Fund"is hereby created within the State Treasury and, notwithstanding Government Code section 13340, is continuously gppropriated without regard for fiscal year for carrying out the puMoses of this chgpter, (b) For purposes of the calculations required by Section 8 of Article XVI of the California Constitution, funds transferred to the Safe Neighborhoods and.Schools Fund shall be considered General Fund revenues which mgy be appropriated pursuant to Article X111 B. 7599.1, Funding Approt3riation (a 3 1 of each fiscal year thereafter, the ) On or before July 31,2016, and on or before e Director of Finance shall calculate the savings that accrued to the state froth the implementation of this Act during the fiscal year ending June 30, as coMpared to the fiscal year preceding the enactment of this Act. In.making the calculation rewired by this subdivision, the Director of Finance shall use actual data or best available,estin-lates where actual data is not available, The calculation shall be final and shall not bLLdiusted for at y sly changes in the underlying data, The Director of Finance shall certify the results of the calculation to the Controller no later than Am'ust I of each fiscal year. (b)Before August 15, 2016, and before August j 5 of each fiscal year thereafter, the Controller shall transfer from the General Fund to the Safe Neighborhoods and Schools Fund the total amount calculated pursuant to subdivision (a (c)Monies in the Safe Neighborhoods and Schools Fund shall be continuousl appropriated for the pMoses of this Act. Funds transferred to the Safe Neighborhoods and Schools Fund shall be used exclusively for the pumoses of this Act and shall not be subiect.to appropriation or transfer by the Legislature far any of puEpose. The funds in the Safe Neighborhoods and Schools Fund may be used without regard to fiscal year. 2 Item 5. - 4 -Sl - 7599,2. Distribution of Monies from the Safe Neighborhoods and Schools Fund (a)By August 15 of each fiscal year beginning in 2016, the Controller shall disburse monies deposited in the Safe Neighborhoods and Schools Fund as follows: (1) 25 -percent to the State Department of Education, to administer a-grant prggram to public agencies aimed at improving outcomes for public school pupils in kindergarten through 12th grade by reducing truancy and/or supporting students who are at-risk of dronning out of school or are victims of crime, (2) 10 percent to the Victim Compensation and Government Claims Board, to make grants to trauma recovery centers to provide services to victims of crime pursuant to Government Code section 13963.1. (3) 65 percent to the Board of State and Comm-unity Corrections,to administer a gant pKgg L-ain to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the ciiniinal justice sMtem,with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, sucli as those covered by this measure, and those who have substance abuse and mental health problems. (b)For each program set forth in PaTag,raphs (1) through(3) above,the agency responsible for administering the-programs shall not spend more than five percent of the total funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs. (c)Every hvo years, the Controllet shall conduct an audit of the grant programs operated by the agencies specified in paragraphs(1) through(3) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the Legislature and the public. () Any costs incurred by the Controller and the Director of Finance in connection with the administration of the Safe Neighborhoods and Schools Fund, including o of the casts calculation required by section 7599,1 and the audit required by subsection(c), a determined by the Director of Finance, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subsection(a (e)The funding established pursuant to this Act shall be used to expand programs for public school pupils in kindergarten through 12th grade,victims of crime, and mental health and substance abuse treatment and diversion programs.for people in the criminal justice system. These funds shall not be used.to supplant existing state or local funds utilized for these purposes. 3 11 - 7- Item 5. - 5 B ,�R) (f) Local agencies shall not be obligated to provide programs or levels of service described in this chanter above the level for which funding has been provided. SECTION FIN7E. Section 459a is added to the Penal Code,to read: 459a (a)Notwithstanding Section 459 shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars($950) Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause Oy) of subparagraph(C) of paragraph(2)of subdivision(e) of Section 667 or for an offense requiring registration pursuant to subdivision{c) of Section 290 ma r—be punished pursuant to subdivision(h)of Section 1170. (b) Any act of shoplifting as defined in subdivision(q),_shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property. SECTION SIX. Section 473 of the Penal Code is hereby amended to read: 473. La1yorgery is punishable by imprisonment in a county jail fax not more than one year, or by imprisonment pursuant to subdivision(h) of Section 1170. (b)Notwithstanding subdivision (a) any person who is guilty of forgery relating to a check,bond,bank bill note, cashier's check, traveler's check, or money order, where the value of the check,bond,bank bill note cashier's check, traveler's check, or money order does not exceed nine hundred fifty dollars ($950) shall be punishable by imprisonment in a county jail for not more than one year, except that such person Pay instead be punished pursuant to subdivision(h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (i } of sub] ara raph C of paragraph(2) of subdivision(e) of Section 667 or for an offense requiring registration pursuant to subdivision(c) of Section 290 This subdivision shall not be applicable to any person who is convicted both of forgery and of identity theft, as defined in Section 530.5. 4 Item 5. - 6 11B - 81- SECTION SEVEN. Section 476a of the Penal Code is hereby amended to read: 476a. (a)Any person who,for himself or herself, as the agent or representative of another, or as an officer of a corporation,willfully, with intent to defraud, makes or draws or utters or delivers a check,draft, or order upon a bank or depositary, a person, a firm,or a corporation, for the payment of motley, knowing at the time of that snaking, drawing, tittering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with the bank or depositary,person,firm, or corporation, for the payment of that check, draft, or order and all other checks, drafts, or orders upon Rinds then outstanding,in full upon its presentation, although no express representation is made with reference thereto, is punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision(h) of Section 1170. (b) However, if the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or tittering does not exceed f of b.ulidre fifty dollars r�nine hundred fifty dollars ( 9501,the offense is punishable only by imprisonment in the county jail for not more than one year,except that such person may instead be punished pursuant to subdivision(h)of Section 1170 if that person has one or more prior convictions for an offense specified in clause(iv) of subparagraph(C} of paragraph 2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision.(c) of Section 290, This subdivision shall not be applicable if the defendant has previously been convicted of a three or more violations of Section 470, 475, or 476, or of this section, or of the crime of petty theft in a case in which defendant's offense was a violation also of Section 470, 475, or 476 or of this section or if the defendant has previously been convicted of any offense under the laws of any other state or of the United States which,if committed in this state, would have been punishable as a violation of Section 470, 475 or 476 or of this section or if he has been so convicted of the cringe of petty theft in a case in which, if defendant's offense had been committed in this state, it would have been a violation also of Section 470, 475, or 476, or of this section. (c)Where the check., draft, or order is protested on the ground of insufficiency of funds or credit, the notice of protest shall be admissible as proof of presentation, nonpayment, and protest and shall be presumptive evidence of knowledge of insufficiency of funds or credit with the bank or depositary,person, firin, or corporation. (d) In any prosecution under this section involving two or more checks, drafts, or orders, it shall constitute prima facie evidence of the identity of the drawer of a check, draft, or order if both of the following occur: 5 -89- Item 5. - 7 (1) When the payee accepts the check, draft, or order fi•om the drawer,he or she obtains fi•om the drawer the following information: name and residence of the drawer, business or mailing address,either a valid driver's license number or Department of Motor Vehicles identification card number,and the drawer's home or work phone number or place of employment. That information may be recorded on the check, draft, or order itself or may be retained on file by the payee and referred to on.the check, draft, or order by identifying number or other similar means. (2) The person receiving the check, draft, or order witnesses the drawer's signature or endorsement, and, as evidence of that, initials the check,draft, or order at the tune of receipt. (e) The word"credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depositary,person, firm, or corporation for the payment of a check, draft, or order. (f) If any of the preceding paragraphs, or parts thereof, shall be found unconstitutional or invalid, the remainder of this section shall not thereby be invalidated, but shall remain in full force and effect. (g)A sheriff's department, police department, or other law enforcement agency may collect a fee from the defendant for investigation, collection, and processing of checks referred to their agency for investigation of alleged violations of this section or Section 476. (h)The amount of the fee shall not exceed twenty-five dollars($25)for each bad check, in addition to the amount of any bank charges incuffed by the victim as a result of the alleged offense. If the sheriff's department,police department, or other law enforcement agency collects a fee for bank charges incurred by the victim pursuant to this section, that fee shall be paid to the victim for any bank fees the victim may have been assessed. In no event shall reimbursement of the bank charge to the victim pursuant to this section exceed ten.dollars($10)per check:. SECTION EIGHT. Section 490.2 is added to the Penal Code, to read: 490.2. (a)Notwithstanding Section 487 or any other provision of law defining grand theft obtaining g any_proierty by theft where the value of the money,labor,real or personal propey taken does not exceed nine hundred fifty dollars(. 950),shall be considered petty theft and shall be piunished as a misdemeanor, except that such person may instead be punished pursuant to subdivision(h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) 6 Item 5. - 8 HB -9E£- of paragraph(2) of subdivision(e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section shall not be applicable to any theft that may be charged as an infraction -pursuant to any other provision of law. SECTION NINE Section 496 of the Penal Code is hereby amended to read: 496. (a)Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion,knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonmentpursuant to subdivision(h) of Section 1170. However, if the dist+i &491'fley Of A ffl---�Y detennines that4his aetien wetild be ifi the interests afjwAiee-, th"istt iet att--ey or-the gfaiid jufy, as the ease may �,if the value of the property does not exceed nine hundred fifty dollars ($950), speeify pleading that-the offense shall be a misdemeanor,punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph(C) of paragraph Q of subdivision Le)of Section 667 or for an offense requiring registration pursuant to subdivision(c) o Section 290. A principal in the actual theft of the property may be convicted pursuant to this section. However,no person may be convicted both pursuant to this section and of the theft of the same property. (b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion,under circumstances,that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision(h) of Section 1170, Every swap meet vendor, as defined in Section 21661 of the Business and.Professions Code,and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person,who 7 HE -91- Item 5. - 9 buys or receives any property of a value of nine hundred .fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion,under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall.be guilty of a misdemeanor. (c)Any person who has been injured by a violation of subdivision (a) or(b)may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees. (d)Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisomuent in a county jail for not more than one year, or by imprisonment pursuant to subdivision(h) of Section 1170. SECTION TEN. Section 666 of the Penal Code is hereby amended,to read; 666. y , y Seetion s } afy s ' fer-that is-Vanishable by U Notwithstanding Section 490, any person described in subdivision (b) paaph 0+who,having been.convicted of petty theft, grand theft, a conviction pursuant to subdivision(d) or(e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking,robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison. (4)LbJ This Subdivision as shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified Seetieff44-924 clause(zvl of subparagraph (Q ofarara*ph(2) of subdivision(e) of Section 667 or has a conviction pursuant to subdivision(dJ or(e) of Section 368. 8 Item 5. - 10 1 M -9111- Roe This r„r�section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b)to (i), inclusive, of Section 667, or Section 1170.12. SECTION ELEVEN. Section 11350 of the Health and Safety Code is hereby amended to read: 11350. (a)Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b),,-er(c), Leh or paragraph(1) of subdivision (f) of Section 11054, specified in paragraph(14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision. (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule 111, IV, or V which is a narcotic drug, unless upon the written prescription of a physician., dentist,podiatrist, or veterinarian licensed to practice in this state,shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause(iv) of subparagraph (C) of paragraph (2) of subdivision(c) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision.(c) of Section 290 of the Penal Code. - xeept as other-wise 1 n this di isle f 3 acro xr s�earc nti h( P-sse"Bes any J t' xc C eti n i 1'7f1 f the Penal.Code. (e) Except as otherwise provided in this division,whenever a person who possesses any of the controlled substances specified in subdivision(a)-ar-(l ,the judge may,in addition to any punishment provided for pursuant to subdivision(a)-or-(b), assess against that person a fine not to exceed seventy dollars ($70)with proceeds of this fine to he used in accordance with Section 1463.23 of the Penal Code. The court shall,however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (4yDc Except h-i unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall he ordered:. (1)For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. 9 I4 B -93- Item 5. - I I (2)For a second or subsequent offense under this section, a fine of at least two thousand dollars($2,000) or community set-vice. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs(1) and(2), community service shall be ordered in lieu of the fine. SECTION TWELVE. Section 11357 of the Health and Safety Code is hereby amended to read: 11357, (a)Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and huprisonment, 'afsuanf to mandivisjefi4h) 0fSe)tiefl1170.efth Nfial CE)de except that such person may instead be punished pursuant to subdivision.(h)of Section 1170.,of the Penal Code if that person has one or more prior convictions for an offense specified in clause (kvJ of subparagraph (Q o para rgph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration.Dursuant to subdivision (c) of Section 290 of the Penal Code. (b)Except as authorized by taw, every person who possesses not more than 28.5 grains of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). (c)Except as authorized by law, every person who possesses more than 28.5 grains of marijuana, other than concentrated cannabis, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars($500), or by both such fine and imprisonment, (d)Except as authorized by law, every person 18 years of age or over who possesses not more than 28,5 grams of marijuana, other than concentrated cannabis,upon the grounds of, or within, any school providing instruction in kindergarten or any of grades I through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars($500), or by imprisonment in a county jail for a period of not more than 10 days, or both. (e)Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grains of marijuana, other than concentrated cannabis,upon the grounds of, or within, any school providing instruction in kindergarten or any of grades I through 12 during hours the school is open for classes or school-related programs I is guilty of a misdemeanor and shall be subject to the following dispositions' to Item 5. - 12 HB -94- (1)A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed. (2)A fine of not more than five hundred dollars($500), or commitment to a juvenile hall, ranch, camp,forestry camp,or secure juvenile home for a period of not more than 10 days,or both,upon a finding that a second or subsequent offense has been committed. SECTION THIRTEEN. Section 11377 of the Health.and Safety Code is hereby amended to read: 11377. (a)Except as authorized by law and as otherwise provided in subdivision(b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is(1) classified in Schedule 11.1,IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision(d), (3) specified in paragraph (11) of subdivision(c) of Section 11056, (4) specified in paragraph(2)or(3) of subdivision(f) of Section 11054, or(5) specified in subdivision(d), (e), or(f) of Section 11055,unless upon the prescription of a physician, dentist,podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year except that such person may instead be punished pursuant to subdivision(h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense gecif"ied in clause(iv) of subparagraph(C) of paragraph(2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (b-}(l)My pefse wh eloes-,ub ossessfiig a eentr y n k tnnee n-- e f e aragaph(7) or efsii division (d) of Section 11055 is gui lB -95- Item 5. - 13 (4) Any pefsen m "Adivisien (a) by iinlawf:614Y a eentrelled I I A CP7 substanee sp Y—graph (8) ef subdivision @ ef Seeti— t'uilty of a misdemeaneT- (e)Lb�la add4iea te any fine assessed undep subdivision @;��Ihe judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a),with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall., however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted-under this subdivision. SECTION FOURTEEN. Section 1170,18 is added to the Penal Code, to read: 1170.18. (a)A person.currently serving a sentence for a conviction,whether by trial o 12lea, of a felony or felonies who would have been guilty of a misdemeanor under this Act had this Act been in effect.at the tune of the offense ingy petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 1135Q, 11357, or 11377 of the Health and Safely Code, or Sections 459a. 473. 476a, 490.2, 496,or 666 of the Penal Code, as those sections have been amended by this Act, (b)-Upon receiving a petition under subdivision(a), the court shall determine whether the petitioner satisfies the criteria in subdivision(a). If the petitioner satisfies the criteria in subdivision(a) the petitioner's felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11.357, or 11377 of the Health and Safqty Code, or Sections 459a,473,476a, 490.2,496. or 666 of the Penal Code, as those sections have been amended by this Act unless the court, in its discretion, determines that resentencing_the petitioner would pose an unreasonable risk of danger to public safety In exercising its discretion, the court may consider: (1)The petitioner's criminal conviction histog, including the!Ype of crimes committed., the extent of ini.uty to victims, the length of prior prison commitments,and the remoteness of the crimes, (2)The petitioner's disciplina1y record and record of rehabilitation while incarcerated, and (3)Any other evidence the court,within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safe L. 12 Item 5. - 14 11 B -96- (c) As used throughout this Code, "unreasonable risk of danger to public safety"means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause(iv) of subparagraph (C) of paragraph(2) of subdivision(e) of Section 667. (d) A person who is resentenced pursuant to subdivision b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court in its discretion,as part of its resentencing order, releases the person from parole Such person is subject to Section 3000.08 parole supervision by the Department of Corrections and Rehabilitation and the iurisdiction of the court in the county in which the parolee is released, resides,or in which an alleged violation of Supervision has occurred, for the purpose of hearingpetitions to revoke parole and impose a term of custody. De Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence. (, A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this Act had this Act been in effect at the time of the offense may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors. (g)If the application satisfies the criteria in subdivision(f) the court shall designate the felony offense or offenses as a misdemeanor. (li) Unless requested by the applicant no hearing is necessary to grant or deny an application filed under subsection(fl. (1)I'lie provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause Gv) of subparagraph(C) of paragraph(2) o;f subdivision(e) of Section 667 or for an offense requiring registration pursuant to subdivision (0 of Section 290. (j) Any petition or application under this section must be filed within three years after the effective date of the Act that added this section or at a later date upon a showing of good cause. (k) Any felony conviction that is recalled and resentenced under subsection(b) or designated as a misdemeanor und for all purposes except that such resentencing shall not permit that person to own,possess, or have in his or her custody or control ate firearm or prevent his or her conviction under Chapter 2(commencing with Section 29800) of Division 9 of Title 4 Of Part 6. 13 llr, -97- Item 5. - 15 (1)If the court that orig—inally sentenced the petitioner is not available, the presiding judge shall designate another iudge to rule on the petition or application. (Ln)Nothing in this section is intended to diminish or abrogate M rights or remedies otherwise available to the-petitioner or applicant. Ln)Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this Act. (o)A resentencing hearing ordered under this Act shall constitute a'-post-conviction release proceeding"under paragraph (7) of subdivision(b) of Section 28 of Article I of the California Constitution(Marsy's Law). SECTION FIFTEEN. Amendment. This Act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a two-thirds-vote of the members of each house of the Legislature and signed by the Governor so long as such amendments are consistent with and further the intent of this Act. The Legislature may by majority vote amend, add, or repeal provisions to further reduce the penalties for any of the offenses addressed by this Act. SECTION SIXTEEN. Severabilily. 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. SECTION SEVENTEEN. Conflicting Initiatives. (a)This Act changes the penalties associated with certain non-serous,nonviolent crimes. In the event that this measure and another initiative measure or measures relating to the same subject appear on the same statewide election 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,the provisions of this measure shall prevail in their entirety, and the provisions of the other measure shall be null and void. However,in the event that this measure and another measure or measures containing provisions that eliminate penalties for the possession of concentrated cannabis are approved at the same election, the voters intend such provisions relating to concentrated cannabis in the other measure or measures to prevail, regardless of which measure receives a greater number of affirmative votes. The voters also intend to give 14 Item 5. - 16 T_413 _18- full force and effect to all other applications and provisions of this measure,and such other measure or measures, but only to the extent such other measure or measures are not inconsistent with the provisions of this Act. (b)If this measure is approved by voters but superseded by law by ally 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. SECTION EIGHTEEN. Liberal Construction. This Act shall be liberally construed to effectuate its purposes. l5 AB -90- Item 5. - 17 ATTAt; H M E N T #2 THE SAFE NFUGHBORHOODS AND SCHOOLS ACT Last week, the Secretary of State deteirtzined that this measure lead sufficient signatures to qualify for the November ballot. Proponents of THE SAFE NEIGHBORHOODS AND SCHOOLS ACT—a measure ostensibly sponsored by former San Diego Police Chief Bill Lansdowne and San Francisco District Attorney George Gascon—raised and spent$ 1.3 million during the first quarter of2014 to qualify the measure for the ballot. The largest contributions came from two sources: Charles Feeney,who contributed$ 600,000; and B. Wayne Hughes, who chipped in$250,000. WHAT IS THE STATED OBJECTIVE OF THE MEASURE? The measure purports to create the"Safe Neighborhoods and Schools Fund"which would be funded from the cost savings achieved by the various crime reduction provisions of the measure. The measure provides that 25%of the fiord is to beset aside for the Department of Education for crime prevention and support programs in K-12 public schools, 10%for trauma recovery services for crime victims,and 6S% of the funds for mental health and substance abuse treatment programs to reduce recidivism of persons in the justice system. HOW ARE THE SAVINGS TO BE ACHFEVEll? The measure reduces a number of crimes from either wobblers or straight felonies to outright misdemeanors. Here are the crimes that will be impacted by the measure: 1. Commercial burglary-- entering a commercial establishment during business hours with intent to commit larceny of property not exceeding$950 will no longer be commercial burglary. Instead, that conduct will be defined as shoplifting,which is a misdemeanor. 2. Forgery—under current law, forgery is a wobbles, but this measure now provides that forgery is a straight misdemeanor if the person is forging a financial instrument that does not exceed $ 950.00. The language of the measure suggests that even where a person had forged multiple documents whose aggregate value exceeded$ 950.00,the person could only be charged with a misdemeanor. 3. Bad Checks—Under current law, anything under$ 450.00 is a misdemeanor, unless the defendant had previously been convicted of a similar offense. Under this measure,however,the cut-off will be$ 950.00. instead of one prior conviction triggering a felony charge,however,the measure now requires that the person have not one,not two, but three priors for similar offenses, 4. Grand theft—the measure deems all theft where the value is less than$950.00 to be a misdemeanor. 5. Receiving stolen property—Under current law, receipt of stolen property was a wobbler,with District Attorneys being given discretion to charge a misdemeanor if the value of the property did not exceed$ 950.00. Udder this measure,however, a receipt of stolen property cases under$ 950.00 are deemed to be misdemeanors. 6. Petty with a Prior—Under current law, a person who had more than three priors for theft could be charged as a felony. Under this measure, a felony charge will only lie Item 5. - 18 1 B -1 00- if the person had been previously convicted of a serious or violent felony and they had one theft-related prior. 7. Drug Possession--All drug possession cases will now be reduced to straight misdemeanors. It is unclear how much"savings" is achieved by this measure, since Proposition 36(enacted in 2000)requires multiple treatment opportunities before someone could be incarcerated for felony drug possession, The likely impact of this provision will be to disincentivise that cohort from seeking treatment at all. Effectively this provision increases the prospects of addicts continuing their addiction and continuing to commit crimes to feed their habit. SUPPOSE PERSONS CONVICTED OF THE CRIMES EJ NUMERATED ABOVE ALSO HAVE PRIORS FOR A SERIOUS,VIOLENT OR SEXUAL FELONY,WOULD THE Y STILL ONLY 13E CHARGED AS MISDEM-ENANTS? With respect to each of these crimes the measure does provide that where the defendant has one or more prior convictions for an offense specified in clause(iv) of subparagraph(C) of paragraph(2) of subdivision(e) of Section 667 or for an offense requiring registration pursuant to subdivision(c)of Section 290 may be punished pursuant to subdivision(h) of Section 1170, In other words,persons with prior convictions for a serious or violent felony, or for a felony requiring registration as a sex offender may still be given a felony sanction for any of the crimes enumerated above. There is a big difference, however,from current law. Under current law,persons convicted of a so-called"non-non-non"felony having one or more prior convictions for a serious, violent or sex registration felony, serve their sentence in state prison,not county jail. Under this measure, however, the persons convicted of the above referenced offenses would appear to serve their term in county jail.—even where they have priors that are serious, violent, or give rise to a sex offender registration requirement. Given the challenges that jails are currently facing with respect to realignment, this measure will raise those challenges exponentially. HOW ISTHE FUNDING CREATED FOR THE"SAFE NEIGHBORHOODS AND SCHOOLS FUND"? Beginning July 31,2016 and for each fiscal year thereafter,the Department of Finance is charged with calculating"the savings that accrued to the state from the implementation of this Act" during the preceding fiscal year. The calculation of the Department of Finance is final and shall not be adjusted for any subsequent changes in the underlying data. Presumably,the"savings"would then be removed from the agencies who-no longer needed the funds, and then transferred to the Safe Neighborhoods and Schools Fund. Please note that the"savings" can come from anywhere in the state budget. For example, fewer incarcerations in CDCR could result in a reduction of CDCR budget items and a transfer of those funds to the Safe Neighborhoods and Schools Fund. It is equally likely, however, that "savings" could be identified in the funds that the state now sends to counties pursuant to HB -I Item 5. - 19 I realignment, For example, since these seven categories of crimes would no longer be felonies (currently they are all non-non-non felonies)they would be outside the scope of county .realignment responsibilities. This could give rise to a take-away from counties of a portion of realignment funding. Since the decision of the Department of Finance is-final,this closed door decision could have severe implications for current realignment funding, Once funds are in the Safe Neighborhoods and School Fund,the Controller is to send 25% of those funds to the Department of Education. Their charge is to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten through 12'h grade by"reducing truancy and/or supporting students who are at-risk of dropping out of school or are victims of crime," The Controller is directed to convey 10% of the fund to the Victim Compensation and Government Claims Board to make grants to trauma recovery centers to provide services to victims of crime pursuant to Government Code 139631 The remaining 65%will be conveyed to the Board of State and Community Corrections to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes such as those covered by this measure, and those who have substance abuse and mental health problems, The measure is silent as to how persons so criminally situated can be obliged to attend any of these treatment programs,there being no specific conditions that accompany a misdemeanor conviction. WHAT ABOUT PEOPLE WHO I-L&D PREVIOUSLY BEEN CONVICTED OF A FELONY FOR ONE OF THESE CRIMES? The measure allows for anyone currently serving a felony sentence for one of the crimes that will now be a misdemeanor to petition for resentencing -- but gives the court discretion to deny the petition if resentencing would pose an unreasonable risk that the petitioner will commit a new violent felony The measure also provides that anyone who has complete([ a-felony sentence for one of the new misdemeanors can apply to have their felony conviction designated as a misdemeanor-- prosecutors and victims cannot request a hearing on the application How does this Purport to create "safe neiahborhoods and schools"?, Beginning in July 2016, the Department of Finance would annually be required to calculate how much money was saved by the implementation of this act and transfer that amount of money from the General Fund to the Safe Neighborhoods and Schools Fund,which will be a continuously appropriated Special Fund, Money from the Safe Neighborhoods and Schools Fund will be allocated as follows: Item 5. - 20 HB -10 27 65% to the Board of State and Community Corrections(BSCC)for grant programs to public agencies aimed at supporting mental health and substance abuse treatment, as well as diversion programs 25%to the California Department of Education(CDE) for grants targeted at reducing truancy, drop-outs, and crime victims among K-12 students 10%to the Victims Compensation and Government Claims Board(VCGCB) for victim services grants How does this create fiscal savings? Overall,the Legislative Analyst's fiscal analysis of the measure estimates that net state criminal justice savings could reach the low hundred millions annually, and that county criminal.justice savings could also reach the low hundred millions annually. State Prisonsfl'arole- ultimately lowers the state prison population,but creates a temporary increase in parole costs for resentenced felons who will now be released onto parole State Courts -one-time increase in costs for resentencing and reclassification.hearings,as well as more parole revocation hearings as a result of more people being placed on parole following resentencing• These costs will be partially offset because misdemeanors are generally shorter i trials, and fewer people on county community supervision(like felony probation)means fewer revocation hearings. In sum, state court costs will increase in the short terse, but the LAO projects a net savings annually thereafter. County Jails/Supervision-anticipated to reduce county jail population through shorter sentences and release of resentenced inmates, though there would be some new inmates who would have otherwise gone to state prison. Additionally, revocations of the large new population supervised individuals would increase the county jail population. On balance,the LAO projects that the county jail population will decrease within a few years. The population on supervision is also projected to decrease because terms of supervision will be shorter for misdemeanants. Other local costs-LAO anticipates that District Attorneys, Public Defenders,and Sheriffs(due to increased court security costs) will see increase workloads in the first few years,but ultimately reduced workload in the long teem 1-11 -10'- Item 5. - 21