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HomeMy WebLinkAboutAnnual Report on Community Prosecutor Program (2) 2000 Main Street, 01i:2:/0 Huntington Beach,CA F9Q City of Huntington Beach 92648 - h�(�1 f09�,D�NTY to I File #: 24-546 MEETING DATE: 8/6/2024 Annual Report on Community Prosecutor Program City of Huntington Beach Page 1 of 1 Printed on 7/31/2024 powered7t LegistarTm Community Prosecutor Program Update CityAttorney's Office Michael E . Gates , City Attorney TiNcro Steven Pomeroy, Community Prosecutor ,l,����\ g•?...!L� .. Paige Cavendish , CommunityProsecutor Historyof the Community Prosecutor Program • In 2016, the City Attorney sought better support the work of Huntington Beach Police after the State's implementation of Props 47, 57 and AB 109, which reduced punishments and accountability for many crimes. • The City Attorney recognized a need to address crime -----_ AI, \WINGI concerns within the community that impacted �) ��.--•�`�c�RPoe0000••••L� residents' quality of life and local business owners, _ especially in the downtown area. �.:,.FFB —__ ,� UNTY ti History of the Community Prosecutor Program • Huntington Beach City Charter, Article III , § 309(b) empowers the City Attorney to "prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such State misdemeanors as the City has the power to prosecute[.]" ,//571\77- • abIM '_1r.. : ���NTY CP'il History of the Community Prosecutor Program • In July of 2016, the Orange County District Attorney endorsed the City Attorney's authority to prosecute state misdemeanors under the California Penal Code. • Huntington Beach and the City of Anaheim are the only two cities authorized to prosecute state misdemeanors in the County of Orange • City Council supported and provided funding for the ,I,/, j!NGrp2 •.•NORPORgTE•••• \ Community Prosecutor Program . 41 ° �••.‹;)9 ��, ��UNTY CP Mission Statement The mission of the City's Community Prosecutor Program is to enhance the quality of life for all people within the City of Huntington Beach by vigorously and conscientiously prosecuting local crime to promote public peace and safety and protect business and property owners. �����NTIN..7 • n_ .03il Ttc1 CPS/•l • Y Program Goals • Work cooperatively with the OCDA to prosecute crimes impacting residents' quality of life • Work cooperatively with the OCDA to prosecute crimes impacting the City's downtown business owners • Provide prosecutorial support to the Huntington Beach Police Department • Seek convictions, probation, stay away orders, ,g01.7; PN FT°�� restitution , etc. • Seek alternative corrective measures through %a\-:; - : _ - \�CjL ••�B Il. 1909, •'•\C.�/,�, diversionary programs =C_03UNT Success of the Community Prosecutor Program "The City Attorney's Office Prosecutor Program, empowers our officers to address quality-of-life issues that directly impact our community. With dedicated local prosecutors assigned to each case, carefully examining the merits of each unique situation, they can determine the best course of action to reduce repeat offenses while holding individuals accountable for their actions. The support of this program is crucial in maintaining the high quality of life we expect in our community." -Huntington Beach Police Chief Eric Parra 11� °\••.••NOORPRRgTEo.,,••� � 1 oUNTY i3O; The Team • Steven Pomeroy • Started September 2021 • B.A. , University of California at Berkeley • J .D. , Loyola Law School, Los Angeles • Former Deputy District Attorney, Humboldt County • Paige Cavendish • Started October 2023 • B.A. , Point Loma Nazarene University • J .D. , Universityof California, Irvine School of Law l�0�?-\�,`_oaPosA,fo....•.•���\ 1 .- , • Former Deputy District Attorney, Orange County c; Q I N.6..135.. #" Common State Crimes California Penal Code • Petty Theft — PC 484(a )-488 • Resisting/Obstructing Officers — PC 148(a )( 1 ) • False Identification to Officers — PC 148 . 9(a) • Trespassing — PC 602 • Illegal Lodging — PC 647(e) • Public Intoxication — PC 647 (f) f;>%", L)1 '-"�'��^9� • Public Indecency — PC 314 fc. JP +j • Vandalism — P C 594 = �,,, ol Petty Theft Penal Code § 484 (a )-488 • Thefts under $950 at local stores including Jack's Surfboards, HSS , Costco, Target, CVS , Nordstrom Rack, Dick's Sporting Goods, REI , etc. to TIN..1047% l O�••.•\N v �pPPORATf�•y al' • :• � ll =0DUNTy t\i" Petty Theft Penal Code § 484 (a )-488 Example: • December 30, 2023: Defendant stole $ 111 .45 worth of items from Nordstrom Rack. • March 18, 2024: Defendant pled guilty • Sentenced to 90 days jail, 1 year probation , subject to search by police, ordered to pay restitution and stay away from the store. ,,�'��No�N.04, • He had multiple prior theft convictions �'� N Fo ..•��9\\ 1.64 C,••• ......... . DUNT`I C�i#1 Petty Theft Penal Code § 484 (a )-488 Example: • March 10, 2024: Defendant stole $84.52 worth of items from Walmart. • June 14, 2024: Defendant pled guilty • Sentenced to 1 year probation , subject to search by police, ordered to complete 8 hours of volunteer communityservice, pay restitution , and ,, I N G T stay away from the store. �, � ANTo�•.••�NCDRPORgTFO.••••�F\ • She had one prior theft charge that was dismissed o - _- =Q uNT\c," Resisting/ObstructingPolice Officers Penal Code § 148 (a )( 1 ) • Willfully resisting, obstructing , or delaying a police officer lawfully performing his or her duties. ,"��NTIN?T •••N . •y CJ .• CoUNTY t\ i" Resisting/ObstructingPolice Officers Penal Code § 148 (a )( 1 ) Example: • February 14, 2024: Defendant refused to comply with officer commands to stop illegally loitering and sleeping in the downtown parking structure and physically resisted being taken into custody • July 10, 2024: Defendant pled guilty • Sentenced to 1 year probation , subject to search by police • Ordered to stay away from the downtown parking structure ,,. --- • �i��NT I� NGT��L` Defendant had minor criminal history Ir � .. 00RPORAre,%. ) �•• =�\ k 1 Resisting/ObstructingPolice Officers Penal Code § 148 (a ) ( 1 ) Example: • December 9, 2023: Defendant kicked and fought with officers trying to cite her for drinking in public downtown • March 18, 2024: Defendant pled guilty • Sentenced to 30 days jail • Defendant had a history of misdemeanor assaults and batteries 1o/ � j'N.T ......... 1 � .••Nco rFa.,. 1 couKIT`I �, 1# Trespassing Penal Code § 602 (o )( 1 ) • Entering and remaining on property not open to the general public after being asked to leave Example: • January 17, 2024: Defendant continued to return unwelcome to the Shorebreak Hotel. • June 10, 2024: Defendant pled guilty • Sentenced to 90 days jail • Ordered to stay away from the hotel as a condition of probati r, .; No,NCTo4c\ felony case prosecuted by the DA's office ��� - �1*.`�=��` • Defendant had a long criminal history �o = Q��% \9 : Illegal Lodging Penal Code § 647 (e ) • Lodging in any public or private place without permission Example: • December 22, 2022: Defendant was temporarily staying and sleeping on a private shopping center at Warner Ave and PCH. • May 20, 2024: Defendant pled guilty • Sentenced to 1 year probation • 30 days of jail stayed if Defendant entered the Navigation Cen -----_ and took steps to obtain permeant housing ���'o IN6T� 6, • Minor criminal history, resistant to homeless services CIA` • FF t- _CoUNTY C 1 Common Local Crimes Huntington Beach Municipal Code • HBMC 13. 10.030 — Unlawful Camping • HBMC 9.44.010 — Drinking in Public Places • HBMC 13.52.040 — Loitering in City-Owned Parking Structure • HBMC 9.20.020 — Urinating/Defecating in Public • HBMC 13.08.240, 13.48. 130 — Beach , Pier, and Park Curfew • HBMC 13.08. 115, 13.48. 115 — Smoking at Beach, Pier, or Park �iANTI..GT 0• 4/• , : 1 COUNTY t�i," Diversion for Homeless Individuals Homeless defendants may have their cases dismissed if they engage with services, including : • Attending Huntington Beach social worker office hours • Entering into the Huntington Beach Navigation Center or another shelter • Engaging in Drug, Alcohol, and Mental Health Treatment • Enrolling in Homeless Outreach Court • Orange County Collaborative Court where comprehensive services are made available ,• �i��NT I N q T - Potential criminal penalties incentivize service resistant , �- '••:._ individuals to accept assistance. i _c�UNTY ��i#0 Repeat Offenders In the past year, the Community Prosecutors have had tremendous success holding repeat offenders accountable. ev �I/��NT I N ?1 c0UNTY ��,,� Repeat Offenders For example, HBPD arrested Defendant on 32 outstanding warrants for crimes of disorderly conduct. City's Community Prosecutors obtained a sentence of 90 days jail , one year probation , and an order that Defendant stay 100 yards away from the Pier, Pier Plaza , and downtown parking structure at 200 Main Street. 0 ��NTIN T Most importantly, this Defendant has not been ,•!°`„--"\Nc°"°84reo•...A arrested again since serving his sentence. VIW.....te8 ;7 lg°o . Q ll ONTY /a C' rt Case Statistics June 16, 2023 - July 1 , 2024 Total Criminal Cases Filed: 1,184 > 290 Convictions > Nearly a 200% increase over year before (290 vs. 153) > 34 (12%) sentenced with probation > 21 (7%) sentence with a stay-away term ➢ 222 (77%) sentence with a jail term > 36 Diversion Resolutions > Diversion terms may include attendance of AA/NA meetings, rehab programs, community service work, and/or courses addressing theft, anger management, and life skills > 858 Pending Cases (open or with a warrant out) Community Program Update CityAttorney's Office Michael E . Gates , City Attorney � \ Steven Pomeroy, Corn �0'51I• N6T� munity Prosecutor • _„�••�.\,topoRA, *... � Paige Cavendish CornrnunityProsecutor, I t COUNTY 'i i.