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HomeMy WebLinkAboutCity Attorney's Update on the Community Prosecutor Program (2) ��NTINGT 2000 Main Street, of Po,,,»., o, Huntington Beach,CA ``y 92648 City of Huntington Beach ''if; sa<' File #: 23-531 MEETING DATE: 6/20/2023 City Attorney's Update on the Community Prosecutor Program City of Huntington Beach Page 1 of 1 Printed on 6/15/2023 poweredt*LegistarTM 44. HUNTINGTON BEACH Community %-- _ prosecutor Program ;� cRA oo��\ Update - N.' '••,9 `, City Attorne ,--.) % _....6... : -x. ys Office • ,-— 2 1 iQ Michael E. Gates , City Attorne � - '" le/ � $� Steven Pomeroy , Deputy Pros :' �a �'��s :.• � CommunityHistor Of The Prosecutor Program t4 , , In 2016 — City, .,.„,k..,„ Attorney interest in supporting f � z� � r � Huntington Beach Police Officers and their work .; '�� z in our community after State implementation of Props 47, 57 and AB 1 '' ' ' Recognized a need to address crime concerns g within the community, especially crim• es that �`' °'' im act Huntin ton Beach residents' ualit of � � � , p g q y ��� �, �, life and downtown business owners Y i k HUNTINGTON BEACH ...„ , „.. History Of The Community. ,_. : , . ....,.-, _, ..... .... frProsecutor ...„..,.... ,.,., _.,„:..,_ ,.., v„ .. . .. . , .,..,1... . ., ,t __ ..-:. ,, -. . . City Charter Section 309 ( b) : 1, ,�,l >.- . w "Prosecute on behalf of the people anyor all .�, , p p I , R!F4g� criminal cases arisin from •violation of the I,,,,,,, ;.,,..„, . . µ jp3� �r g t5; . . „_, . provisions of this Charter or of City t , „. �} ordinances and such mis demeanors as „.„,,,,,.-.,, ,,,,,,„„ . „.: tai:-.., -, the City has the power to prosecute . . ." - ‘ -, --..-- :-,.,.' ,,,, ,,,.,,..\,,\A„ ,,8;,. 40„, � �. �! £. $i II4 ! .ate .. • f f r �r/ 1E1 NAHUNTINGTO 11 its. The Commun itvHistor Of Prosecutor Program ., _ .,.... 1 In July 2016, a Mem orandumof Understanding ``" was entered into with the Ora nge County :. ;/ District Attorneyconferrin to the City zr g / F , y Attorney the authorit to Prose State a Y Y p `t, K y misdemeanors under the California Penal Code lJ f /'/ J ;s' `,ti,�'`�ti `M1 •• With City Council su ort and a roval, the ,��1 _�,, ilX Y p p p p ��� � = Community Prosecutor Program was created Ya i,, / HUNTINGTON BEACH Program Goals E vw • Prosecute crimes impacting Huntington Beach residents' _.. = p g g / quality of life i Prosecute crimes impacting Huntington Beach downtown /s44\rr.tiii. ,'%�'�� businesses • Provide prosecutorial support to Huntington Beach Police Officer arrests and citations • Prosecute for convictions, probation, stay away orders, , , restitution, etc. ,, Corrective assistance through diversionary programs A h. `pif 1 p -13 HUNTINGTON BEACH n Success Of The Community 1 , s ,.., \ . a Prosecutor Program _ . ,,,, '.., ` -4 .. __, ,-... -- tr According to Police Chief, in 2018, r \'-`' Crime in Downtown Area down 11.5% ~ ' ifr-,:, �+�y� �:r = the Golden of Innoualion .a as result of effective local prosecutions .. .�� . . c 1 ' Public Safety _ p " I / Presented to W' 'ii, �� ° In 2019, the Cityof Huntington nti n ton Beach i City of ,, r 1'+ Huntington Beach /i , � w was awarded the 1 r ,,' �t . . Community Prosecutor Program } Golden Hub of Innovation Award for �. :\ �'""` , Public Safety, by the Association of I °` " 2019 ' ' California Cities, for the Community .' �'��' Prosecutor Program �� HE) ,%t HUNTINGTON BEACH A"s t , _ Common State Crimes . §, % California Penal Codes ., �, • Public Intoxication — PC 647(f) ' ` ','� '' . • Pettyheft — PC 484 a -488 e- ,, ' , y O , ' 1 , 4 • Possession of Burglary Tools — PC 466 � lii • Vandalism — PC594 i ,v}b}b . �'� �` • Trespassing n — PC 602 ,f p g , , , ``"` Obstructing Business Establishment — PC 602 . 1 a• fib g ( ) �� • ResistingArrest — PC 148 a FE3 ,, ( ) .. ;:, ,,4,,,..„ k,, , . . ,,, ,,., . • Illegal Lodging — PC 647(e) t! ....,.. t 1,/,,' ';,is 1 , HUNTINGTON BEACH Ex . Theft Penal Code Section 484(a)-488 Theft under $950 at local stores including Costco, Jack's Surfboards, Target, CVS, etc. Exam le. p. m., on November 30, 2022 p � At10:08 HBPD „,�` responded to the Bella Terra Mall regarding a report of a ,.tax theft from a vehicle. The victim had tracked her stolen hi I, electronics to BJs on Main Street. Officers made an arrest. The suspect pled guilty and was sentenced to one-year informal prol3ation, ordered to complete 5-days of work with Caltrans, pay restitution, and stay away from the theft location. tName, HUNTINGTON BEACH /t I Ex . Vandalism � ,, Penal Code Section 594(a)(1) ram . �'�` -� Aperson who maliciouslydefaces with graffiti or other �.-- - � .„, a inscribed material against any real or personal property not -� { , his or her own. ire ti t`� \ � r ` Example: At 4:40 p.m., on December 27, 2022, HBPD f ; , responded to report of vandalism at Teresita's Mexican s Restaurant. The suspect allegedly vandalized the women's 6, bathroom with a marker. The suspect was arrested . fe Y She pled guilty and was sentenced to 6-days jail, ordered to �`` 4 ' pay restitution and to stay 100-yards away from the restaurant. yY'4ii � 111EIB. E /,r ! I. HUNTINGTUN BEACH 41. I!, , ' Ex . Public Intoxication s ,, Penal Code Section 647(f) `` A person that is unable to exercise care for their own safety or the _- safety of others 1 =: ' ,l'``�, . Example: At 2:12 a.m., on September 17, 2022, HBPD responded to 4 - report of an assault downtown. The alleged perpetrator exhibited a p g p p - ` objective signs of intoxication. After officers determined the assault <; report was unfounded, they determined the defendant was too ,I intoxicated to care for his own safety or the safety of others and he < was arrested for public intoxication. Since the individual had no criminal record, he was permitted to s,� participate in a diversionary program, and attended a series of AA meetings for a dismissal. 11 11 74- ' 1 HUNTINGTON BEACH a , , 'th rk. Ex . Resisting Arrest Penal Code Section 148(a)(1) A person who either resists, delays, or obstructs any peace -�-, 'J'�r officer, or EMT 4 ih r fir "00,,,,, �,: , r Example: On November 29, 2022, HBPD responded to a report of '{ two subjects in a vacant residence under construction . Officers �, r� ` °'` investigated and observed a male sus ect, who was hiding, as '`' ` officers entered the residence. Officers ordered the suspect ,. the p , , ' to exit the residence but he refused. After one-hour, a team of ' ` ;} officers entered and located the suspect. The suspect was Rf arrested and charged with trespassing and resisting arrest. Because the defendant was on probation, he was sentenced to , 60-days of jail. ,t J J` • HUNTINGTON BEACH i A ' Huntington Beach Municipal Code ,,, ., , - HBMC Section 13.08.090 — Alcoholic Beverages . No person shall, on or upon the beach or adjacent beach area, consume or sell, any alcoholic beverage I t 4'yit, 17 "._, 17'y� ' ' _ �• HBMC Section 13.10.030 — Unlawful Camping ik It is unlawful for any person to camp, in any public or private '' � ��: property unless byconsent or authorization ; p p y (1. D ,� • HBMC Section 13.48.310 - Curfew A� ' `' No person shall remain, stay or loiter on or about any such park between the hours of 10 p.m. and 5 a.m. a „ HE3 71 f 4 ( .�I y t, ; p, I HUNTINGTON BEACH j1 I it :,'_ DiversionaryPrograms � �- First-time offenders are given an opportunity to earn a case dismissal if the complete certain requirements including: Residential drug and alcohol treatment f • Alcoholics Anonymous or Narcotic Anonymous ,Yr f rrt'' t : meetings • Huntington Beach community service supporting, g, g e. the Bolsa Chica Conservancy, non- rofits etc. � } .' • Commit no new crimes during the diversionary j . period HE) + / � HUNTINGTON BEACH DiversionaryPrograms , t //, "-„/„.„,..:, : p. Homeless offenders are given an opportunity to earn a case dismissal if they engage with social services including: \,, .,... . • The Navigation Center .y ` t • Be Well Mental Health Services tl • Drug and Alcohol Treatment Programs . • The Homeless Outreach Court (an OC Collaborative ,voi. Court Where Comprehensive Services are Available) -N.-- HE) ........ + ,�' • IdentifyTemporary or Permanent Housing ., p Y I , ? HUNTINGTON BEACH Ex . Homeless Outreach At 4:43 a . m ., on September 24, 2022, Homeless i.$, #f Task Force officers were conducting beach curfew , , enforcement per H BMC Section 13 .08. 240(a) . Two i suspects were found asleep by KokomosSurfside `'' `' " Grill . The two were arrested for curfew violations. r- jT t' „r On April 26, 2023, one of the suspects appeared '` in Court and proved he began living at the '\\\ Navigation Center. His case was then dismissed . g ! p 7,' 1 HUNTINGTDN BEACH Ex . Homeless Outreach , , . \\ . On October 20, 2022, Homeless Task Force officers were =g ` conducting a patrol check of small businesses at a location �, j on Beach Boulevard. An individual was illegally lodging on the This individual had been repeatedly warned property. p Y i „, ,A\ � . against trespassing and lodging at this location previously. 't, The officers offered him transport to the Navigation Center. t,; He refused. He was arrested for Penal Code Sections 647(e) (Illegal Lodging) and 602(o) ( Refusing to Leave Property). I 4 ,.%,N4j. During appearance in Court, he was offered a dismissal if ��� ' he could locate temporary or permanent housing. Three Months later, he presented a proof of housing to our t# ; ° Community Prosecutor and his case was dismissed. , ' 4,1 \t, ii:\ -E3 �:f f, if, AHUNTINGTON BEACH l Case Load Statistics May 1, 2022 — June 15, 2023 A Total Criminal Cases filed: 990 ✓ 153 Convictions -- V 19 (12%) sentenced with probation pox- V 21 (13%) sentenced with a stay-away term V 117 (74%) sentenced with a jail term V 35 Diversion Resolutions V Resolution may include: ✓ Attendance of AA or Recovery meetings, community service work, a theft or anger management class, or meeting with HB Services — V 802 Pending (ongoing prosecutions) vHE) ,..... v HUNTINGTON BEACH HUNTINGTON BEACH INS" [MB _,_ 1,,. :',, ...1: '4' ::::‘-',:%' :4174'Z: . Community .. .._ ig= a ProsecutorProgram #. .. ,. 0 RA rF©*'4. ��► Update • •. . , c,...„ , City Attorney ' s ffi e O c - . i , � � e s.\• 4# Michae0 l E. Gates , City Attor !f is\,::_ '# 1, us Steven Pomeroy, Deputy Pros } 7, l 'i% ' .0. • Oi 10UNTN ...I' Moore, Tania From: Douglas Von Dollen <von.dollendouglas@gmail.com> Sent: Saturday,June 17, 2023 5:29 PM To: supplementalcomm@surfcity-hb.org Subject: Item#5: City Attorney's Update on the Community Prosecutor Program Is there supposed to be a report attached to this item? A set of goals and targets,with progress towards them benchmarked and analyzed? A break-down of demographics for those convicted vs.the city as a whole to ensure inadvertent bias hasn't been applied? Perhaps a workflow showing how those facing mental health, addiction and/or homelessness are diverted from the criminal justice system and into assistance programs, resulting in a safer community? Are there details on how outside groups that instigate or provoke violence against protected groups are shown a zero- tolerance policy when it comes to prosecution? Is there a list of community groups that provide input and oversight for the program? SUPPLEMENTAL COMMUNICATION Meeting Date: (DI r'D f o?3 Agenda Item No.; (9,3 - Sl3 I