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Home My WebLink About60C - RESO FOR CA SAFE ACTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2020 TITLE: RESOLUTION SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2020 (PROPOSITION 20) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 sl Reading ❑ Ordinance on 2od Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution supporting the Reducing Crime and Keeping California Safe Act of 2020. DISCUSSION At the September 1, 2020 meeting, members of the City Council directed staff to prepare a resolution endorsing Proposition 20, also referred to as the Reducing Crime and Keeping California Safe Act of 2020. Proposition 20 ("ballot initiative") would amend several criminal sentencing and supervision laws that were passed between 2011 and 2016. The ballot initiative would make specific types of theft and fraud crimes, including firearm theft, vehicle theft, and unlawful use of a credit card, chargeable as either misdemeanors or felonies, rather than only as misdemeanors. The ballot initiative would also establish two additional types of crimes in state code —serial crime and organized retail crime —and charge them as wobblers (crimes chargeable as misdemeanors or felonies). The ballot initiative would require persons convicted of certain misdemeanors that were classified as wobblers or felonies before 2014, such as shoplifting, grand theft, and drug possession, along with several other crimes, including domestic violence and soliciting prostitution with a minor, to submit to the collection of DNA samples for state and federal databases. The California Department of Corrections and Rehabilitation (CDCR) has a parole review program in which felons convicted of non-violent crimes, as defined by law, can be released on parole upon completing the sentence for his or her offense, with the longest imprisonment term. The ballot initiative would require the parole review board to consider additional factors, such as the felon's age, marketable skills, attitude toward the crime, and mental condition, as well as the circumstances of the crimes committed, before deciding whether to release a felon on parole. The ballot initiative would allow prosecutors to request a review of the board's final decision. The ballot 60C-1 Resolution Supporting the Reducing Crime and Keeping California Safe Act of 2020 (Prop. 20) September 15, 2020 Page 2 initiative would also define 51 crimes and sentence enhancements as violent in order to exclude them from the parole review program. In California, counties are responsible for supervising paroled felons convicted of non -serious and non-violent crimes, as defined by law, and who were not classified as high -risk sex offenders nor classified as needing treatment from the state's Department of Mental Health. Counties have discretion on whether to petition the judicial system to change a felon's post -release supervision terms or status. The ballot initiative would require local probation departments to ask a judge to change the conditions or status of a felon's post -release supervision if the felon violated supervision terms for the third time. The information included in this staff report was retrieved from Ballotpedia.org: https:Hballotpedia.org/California Proposition 20, Criminal Sentencing, Parole, and DNA Colle ction Initiative (2020). FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Kristine Ridge, City Manager Exhibit: 1. Resolution 60C-2 V*10110j1Eel 0f��➢��1>:�:�5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2020 WHEREAS, protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance. Murderers, rapists, child molesters and other violent criminals should not be released early from prison; and WHERAS, since 2014, California has had a larger increase in violent crime than the rest of the United States: and WHEREAS, since 2013, violent crime in Los Angeles has increased 69.5% and violent crime in Sacramento rose faster during the first six months of 2015 than in any of the 25 largest U.S. cities tracked by the FBI; and WHEREAS, the FBI Preliminary Semiannual Uniform Crime Report for 2017, which tracks crimes committed during the first six months of the past year in U.S. cities with populations over 100,000 indicates that last year violent crime increased again in most of California's largest cities; and WHEREAS, recent changes to parole laws allow the early release of dangerous criminals by the law's failure to define certain crimes as "violent," and these changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, and felony domestic violence to be considered "nonviolent" offenders; and WHEREAS, as a result, these "nonviolent" offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; and WHEREAS, violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision; and WHEREAS, the Reducing Crime and Keeping California Safe Act of 2018 ("Act") reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations; and WHEREAS, nothing in the Act is intended to create additional "strike" offenses which would increase the state prison population; nor is it intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits; and WHEREAS, recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal; and Resolution No. 2020-XXX Page 1 of 60C-3 WHEREAS, as a result, between 2014 and 2016, California had the second highest increase in theft and property crimes in the United States, while most states have seen a steady decline; and WHEREAS, according to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014, the largest single -year increase in at least ten years; and WHEREAS, grocery store operators around the state have seen unprecedented increases in the amount of losses associated with shoplifting in their stores, with some reporting up to 150 percent increases in these losses from 2012 to present, with the largest jumps occurring since 2014; and WHEREAS, shoplifting incidents have started to escalate in such a manner that have endangered innocent customers and employees; and WHEREAS, individuals who repeatedly steal often do so to support their drug habit, but recent changes to California law have reduced judges' ability to order individuals convicted of repeated theft crimes into effective drug treatment programs; and WHEREAS, California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal to support their drug problem to enter into existing drug treatment programs, and this Act would enact such reforms; and WHEREAS, collecting DNA from criminals is essential to solving violent crimes, and over 450 violent crimes including murder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals; and WHERAS, DNA collected in 2015 from a convicted child molester solved the rape -murders of two six -year -old boys that occurred three decades ago in Los Angeles County; and DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape -murder of an 83-yearold woman; and WHEREAS, recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes, but this Act restores DNA collection from persons convicted for such offenses; and WHEREAS, permitting collection and more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted; and WHEREAS, this Act does not affect existing legal safeguards that protect the privacy of individuals by allowing for their removal of their DNA profile if they are not charged with a crime, are acquitted or are found innocent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that : Resolution No. 2020-XXX Page 2 of 2 60C-4 Section 1. The City Council for the City of Santa Ana hereby finds, declares, and determines as follows that the City Council hereby supports the Reducing Crime and Keeping California Safe Act. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of September, 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2020 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 12020. Date: Clerk of the Council City of Santa Ana 60C-5