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Home My WebLink About60B - DISCUSS OC SUPERIOR COURT RELEASE OF 7 CONVICTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2020 TITLE DISCUSS THE ORANGE COUNTY SUPERIOR COURT COMMISSIONER'S ORDER TO RELEASE INDIVIDUALS WITH PRIOR SEXUAL ASSAULT CONVICTIONS EARLY AND INTO THE COMMUNITY /s/Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO RECOMMENDED ACTION Discuss the Orange County Superior Court commissioner's order to release individuals with prior sexual assault convictions early and into the community and provide direction to staff. DISCUSSION On April 28, 2020 Orange County District Attorney Todd Spitzer issued a community warning (Exhibit 1) regarding the early release of seven high risk registered sex offenders (Luis Joel Ramirez (27), James Franklin Bowling (50), Rudy William Grajeda Magdaleno (39), Calvin Curtis Coleman (52), Kyle Albert Winton (40), Jose Adrian Oregel (46), Mario Ernesto Sandoval (45)) who have been released from jail months early despite being charged with cutting off their GPS monitors or otherwise tampering with the tracking devices to render them inoperable. Since April 7, 2020, these individuals have been released as a result of rulings by appointed Orange County Superior Court Commissioner Joseph Dane. This action was taken by the Orange County Superior Court and was not related to the action taken by the Orange County Sheriffs Department to reduce the population at the Orange County Jail to limit the spread of COVID-19 Members of the City Council have expressed a desire to discuss this item at a public meeting and to consider options that the City Council may direct staff to implement in response to the above - mentioned court ruling. At this time, staff seeks feedback and direction from the City Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #1 - Community Safety, Objective #4 (broaden communications, information sharing and community awareness of public safety activities). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. April 28, 2020 Press Release from Orange County District Attorney's Office L. 1 OFFICE OF THE DISTRICT ATTORNEY ORANGE COUNTY, CALIFORNIA TODD SPITZER I Y01:4 1515141) (_%1 ;1:7 4 4;T;M 4 Date:April 28, 2020 PRESS RELEASE Kimberly Edds Public Information Officer Office: 714-347-8405, Cell: 714-504-1917 media@da.ocgov.com Orange County District Attorney Issues Community Warning Regarding Release of Registered Sex Offenders With jailpopulation at historic low, there is no reason to release dangerous criminals back into our communities SANTA ANA, Calif. — The Orange County District Attorney's Office is issuing a warning to county residents about seven high risk registered sex offenders who have been released from jail months early despite being charged with cutting off their GPS monitors or otherwise tampering with the tracking devices to render them inoperable. Many of the registered sex offenders who were released early spent just days behind bars instead of the six months required by law for registered sex offenders who violate parole by removing or disabling GPS monitors. The sex offenders are monitored by the California Department of Corrections and Rehabilitation (CDCR), which submitted the parole violations to the court. Since April 7, 2020 seven registered sex offenders — with crimes ranging from indecent exposure and sexual battery to child molestation — have been released as a result of rulings by appointed Court Commissioner Joseph Dane. One of the registered sex offenders, convicted of sexual battery, was released on April 7, 2020 after Commissioner Dane sentenced him 20 days credit time served and ordered him to report to parole. Just two weeks later — on April 24, 2020 - he appeared in court on another parole violation and Commissioner Dane again released him after sentencing him to 16 days credit time served. Sheriff Don Barnes reported to the Orange County Board of Supervisors today the population in the Orange County jail system has been reduced by nearly 45% since March 7 and there is no overcrowding issue. Sheriff Barnes assured that proper steps, including social distancing, masks, and quarantining of new inmates, are in place. "These /ands of high -risk sex offenders are the most dangerous kind ofo7minal and the most likely to re -offend. They are doing everything they can to avoid detection by the parole officers assigned to monitor them so they can potentially commi additional sex offenses These are not the kind ofpeople who should be getting a breakAid Orange County District Attomey Todd Spitzer. 'As a state legislator, I was the author and founder of the State ofCalifomia Sex Offender Management Board and the author ofMegan Y Law on the Intem4 which a0ows the public to see where these sex offenders are so that they can protect themselves and their families. Ris not the Courts responsibility to control the jail population by releasing these dangerous criminals back into our communities The residents of Orange County deserve6ft t2 peace of mind that registered sex offenders are being held accountable and notjust let out the front door ofa jail by a court commissioner who refuses to follow the law" As a result of these dangerous decisions to not follow the law, the Orange County District Attorney's Office will not stipulate to appear in front of Commissioner Dane on parole violations involving registered sex offenders. These seven registered sex offenders were released prior to the minimum 180-day sentence required by law for removing or disabling a GPS monitor. WARNING: Do not contact, confront, or attempt to apprehend. The purpose of the release of the information & to allow members of the public to protect themselves and their dMldren from sex offenders (Penal Code section 290.45 (a)(1)) Any use of this information other than for the stated purpose is unlawful. Luis Joel Ramirez - 27 Last known address: Costa Mesa Selected criminal history: sexual battery, assault with a deadly weapon, resisting a peace officer, burglary and possessing a leaded cane, a deadly weapon Four parole violations since 2019 Released 4/7/2020 after serving 20 days credit time served on a parole violation for cutting off his GPS despite 180 day minimum sentence. Released 4/24/2020 after serving 16 days credit time served on a parole violation for failing to report to parole. James Franklin Bowling - 50 Last known address: Orange Selected criminal history: lewd conduct in a public place, repeated convictions for failing to register as a sex offender, repeated convictions for sex offender on school grounds, possession of controlled substance and paraphernalia Two parole violations since February 2020. Released 4/9/2020 after serving 14 days credit time served on a parole violation for failing to charge GPS monitor despite 180 day minimum sentence. Ordered to report to parole. He does not report. �. 1 Rudy William Grajeda Magdaleno - 39 Last known address: Anaheim Selected criminal history: child molestation, indecent exposure, assault, battery, criminal threats, inflicting injury on an elder adult Five parole violations since 2017 Released 4/13/2020 after serving 142 days credit time served on a parole violation for failing to charge GPS monitor despite 180 day minimum sentence. He is ordered to report to parole. He does not report. Calvin Curtis Coleman - 52 Last known address: Santa Ana Selected criminal history: lewd conduct in a public place Three parole violations since 2019 Released 4/13/2020 after serving 18 days credit time served on a parole violation after failing to charge GPS monitor despite 180 day minimum sentence and ordered to report to parole. Kyle Albert Winton - 40 Last known address: Mission Viejo Selected criminal history: annoy/molest a child, criminal threats to cause great bodily injury or death, resisting a peace officer, DUI and hit and run with property damage One parole violation. Released 4/17/2020 after serving 10 days credit time served on a parole violation after failing to charge GPS monitor despite 180 day minimum sentence and ordered to report to parole. He does not report. �. 1 Jose Adrian Oregel - 46 Last known address: Santa Ana Selected criminal history: Unlawful sexual intercourse with a minor, oral copulation of a person under the age of 18, great bodily injury, second striker Six parole violations since June 2019 Released 4/22/2020 after serving 18 days credit time served a parole violation for failing to charge GPS monitor despite 180 day minimum sentence and ordered to report to parole. Z� • Mario Ernesto Sandoval - 45 Last known address: Stanton Selected criminal history: sexual battery, touching for sexual arousal, indecent exposure, assault on a peace officer, assault One parole violation in 2020 Sandoval failed to charge his GPS device as required by law, and was unaccounted for one third of the time he was out of custody Released 4/22/2020 after serving 16 credit time served on a parole violation for failing to report to charge GPS monitor despite 180 day minimum sentence and ordered to report to parole.