A Great Act - Public Safety & Rehabilitation Act of 2016

Great news! An incredible act called the Public Safety & Rehabilitation Act of 2016 (PSRA) is trying to improve public safety, and save California taxpayers money by reducing frivolous spending on our correctional system. One pivotal point of this act, is to transfer the power back to the judge and away from the District Attorney, to decide whether a minor of 14 years of age or older should be tried as an adult. Key factors have to be considered when making this decision such as: the minor's family and school life. It has to be a clear process to decide the outcome of the minor’s life.

Next, for those who are incarcerated with non-violent offenses, Public Safety & Rehabilitation Act of 2016 will add funds for rehabilitation, and will give credit for completion of educational programs with an early release. Ultimately, it is the next step to improve Prop 47.

Altogether, 1 million signatures need to be collected in order for this act to make it on the ballot in November. Governor Brown supports and is willing to sign this act, but requested 100,000 signatures by the end of April 2016 be gathered.  

Equally important, collaborative help is needed for the collection of the mandatory signatures from all that are in support of this act. Let’s be overt, prison reform is needed in the state of California, and this is a productive step towards obtaining that goal. 

For more information or to support the (PSRA) contact Vanessa Rhodes at vanessarhodes@gmail.com or visit SafetyandRehabilitation.com.

By: 

Porscha N. Dillard

Special Project Coordinator 

Time For Change Foundation

Los Angeles Record Change & Resource Fair

SUNDAY, SEPTEMBER 27, 2015

11:00 AM - 5:00 PM

Exposition Park

Los Angeles, CA 90037

California prison population drops under Proposition 47, but public safety impact still unclear

Citrus Heights police Officer Wesley Herman recently arrested a parolee carrying stolen jewelry and a deceased man’s identification card.

If the property was valued at more than $950, the case was a felony that would let him take the man into custody. If not, it was a misdemeanor and he’d get a citation.

The first words out of his mouth, Herman said, were, “Am I going to jail?”

It’s been nine months since California voters approved a ballot measure reducing charges for some nonviolent drug and property crimes, and Herman says repeat offenders are getting savvy about the new limits of the law.

“These guys know that if they are running around with less than $950 of stolen property on them, they’re not going to jail,” he said. “They’re always trying to stay a step ahead of us.”

Continuing the recent trend away from decades of tough-on-crime policy, nearly 60 percent of voters last November supported Proposition 47, which reduced from felonies to misdemeanors offenses including drug possession for personal use. Savings on correctional spending, estimated to be hundreds of millions of dollars annually, is intended to go to mental health and drug treatment, anti-truancy efforts and victim services.

Only a spotty picture has emerged of the law’s early effects: Supporters celebrate that tens of thousands of current and former convicts have already had the felonies on their records changed to misdemeanors, opening up new opportunities for jobs, housing and public benefits. Police and prosecutors argue that it has made their jobs more difficult.

Communities across the state fret about the connection to spikes in crime, but those familiar with public safety statistics say it’s too soon to know whether anecdotes from the street are evidence that Proposition 47 is responsible.

“Law enforcement isn’t a place where change is readily embraced,” said Tom Hoffman, a longtime police officer and former director of California’s parole operations, who advised the Proposition 47 campaign. For this sentencing overhaul to succeed, it will take “a lot of time and a lot of patience and, quite candidly, a lot of courage.”

Proposition 47 has accomplished at least one of its objectives already.

As of this week, 4,347 inmates have been released from state prisons due to resentencing, according to the California Department of Corrections and Rehabilitation. The releases helped push the overcrowded prison system below court-mandated capacity levels by February, a full year ahead of its deadline.

Many more individuals have successfully petitioned at the county level to have their records changed, including approximately 1,400 so far in Sacramento County. As some inmates are released from jail and cramped facilities clear out, more serious offenders are serving longer portions of their sentences.

“We want to be very careful about who we’re putting in a cage,” said Santa Clara County District Attorney Jeff Rosen, because incarceration can sometimes “work at cross-purposes” with those people turning their lives around.

Nearly 3,600 defendants in Santa Clara County have had their felonies reduced to misdemeanors since November. Rosen, one of only three district attorneys in California to endorse Proposition 47, said they are sending fewer people to prison for these crimes than before.

“The benefits to our society from locking up fewer nonviolent offenders will in the long run translate into safer communities, a better economy, and stronger services,” he said.

Increases in crime during the first half of the year, however, have raised early doubts in many communities.

Preliminary statistics for the city of Sacramento show a 25 percent rise in violent crime, including homicide, rape, robbery and aggravated assault, through June, compared with the same period in 2014. Property crimes, such as burglary and motor vehicle theft, are up about 5 percent, though larcenies have dropped slightly.

The Sacramento County District Attorney’s Office has seen a 9 percent increase in filings so far this year for cases it is pursuing – an 11 percent drop in felonies offset by a 27 percent jump in misdemeanors.

Magnus Lofstrom, a researcher at the Public Policy Institute of California who has studied the impacts of realignment, cautioned against drawing conclusions from the data.

Upticks in violent and property crime rates during the first year of realignment caused similar concerns, Lofstrom said. With the exception of a boost in auto thefts, however, the spike was in line with increases in states that did not undergo realignment, and crime rates have since dropped again.

With a surge of releases under Proposition 47, “it’s fair to say it puts an upward pressure on crime rates” for the types of low-level offenses those inmates committed, he added. But he said it’s very difficult to attribute a particular change in law to a change in crime rates. Cities and counties vary in their staffing levels, law enforcement priorities and reentry services for released offenders.

Law enforcement officials feel more certain of the connection, pointing to “unintended consequences” of the law.

Herman of the Citrus Heights Police Department said Proposition 47 has limited the ability of police to respond to drug-related crimes.

Previously, he said, he was able to take someone to jail for simple possession, where at least “he’s going to be clean a few days.”

“Now you have to show that this is a crime heinous enough to take them out of the community,” he said.

Instead of being arrested, the suspect might instead receive a citation to appear in court in 30 days. Herman said that allows addicts to keep using – and potentially commit thefts to support their habit.

“It’s been difficult for us to prevent as many crimes as we could have before,” he said. “Our hands do sometimes get tied.”

The changes have also had a detrimental effect on California drug courts, according to prosecutors.

Those programs provide offenders with the option of seeking treatment for substance abuse rather than facing prison time. But without the “hammer” of a felony now hanging over them, Sacramento County District Attorney Anne Marie Schubert said, those arrested for drug-related crimes have little incentive to choose rehabilitation over the lesser charges.

“Logically, many of those people who have the addiction problems that we want to address are not going to avail themselves of that because it’s too much work,” she said, adding that it creates a “revolving door” for petty criminals to return to the streets and reoffend. “If you don’t have accountability for criminal behavior, there’s no reason not to commit that criminal behavior.”

The number of cases in Sacramento County’s two drug courts has fallen to 587 from 970 since the passage of Proposition 47. In Fresno County, one drug court has halved to 280 cases, while another lost all 80 of its participants.

San Bernardino County District Attorney Mike Ramos said proponents of the measure went about their aims in the wrong way. Established diversion programs in his county are collapsing – drug court participation is down 60 percent – and there are not yet resources to create new ones.

While 65 percent of any savings on correctional spending from Proposition 47 is earmarked for mental health and drug treatment programs to keep at-risk individuals out of custody, counties won’t see any of that money until August 2016, after the next budget cycle.

“What are they going to do in the meantime?” Ramos said. “They should have had a plan in place.”

Read more here: http://www.sacbee.com/news/politics-government/capitol-alert/article30455739.html#storylink=cpy

California bill would create third-party oversight of police shootings

Police officers who fatally shoot suspects would be subject to an outside review under California legislation being introduced by Assemblyman Kevin McCarty, D-Sacramento.

The bill follows a number of intensely scrutinized police killings, both the deaths of Michael Brown in Missouri and Eric Garner in New York, which drew national attention, and the case of an Army veteran, Parminder Singh Shergill, felled by police bullets in Lodi.

“There’s been an appetite for this on a national level and locally as well,” said McCarty. “The overarching issue is, who should investigate police shootings where a fatality is the outcome?”

Leaving that matter in the hands of local district attorneys, who typically have close ties to the police departments whose officers they are investigating, is not ideal, McCarty said. The San Joaquin County District Attorney’s Office cleared the officers who shot down Shergill of any criminal wrongdoing.

“Many times DAs run for office and have such high links with the local law enforcement, and work with them on a daily basis, that enough people ask the question: ‘Should they distance themselves when they actually have to review an officer-involved shooting?’” McCarty said.

Under McCarty’s Assembly Bill 86, a law enforcement panel, likely within the California Department of Justice, would study each case of a California police officer shooting someone and issue a recommendation. The goal would not be issuing indictments but ensuring the community trusts that fatalities are thoroughly reviewed, McCarty said.

“Whether or not there would be a subsequent criminal action regarding that, that’s totally a different conversation,” McCarty said. “I’m just talking about the investigation.”

Some prosecutors could welcome the opportunity to “quell any appearance of a conflict,” said California District Attorneys Association CEO Mark Zahner. But he disputed the notion that district attorneys handle cases involving police officers differently from others.

“A county prosecutor’s job is to investigate criminal conduct within their jurisdiction, and they all take that very seriously,” Zahner said. “To them it doesn’t matter if a suspect is a cop, a police officer, a sheriff – they feel it is their obligation to a community to prosecute a case like that.”

via: sacbee.com

AM Alert: Should California reduce penalties for nonviolent crimes?

In November, voters will be asked to weigh in on Proposition 47, which would reduce some petty crimes – such as shoplifting less than $950 worth of merchandise and possession of cocaine or heroin – from felonies to misdemeanors.

The goal of the initiative is to cut the state prison population, saving potentially hundreds of millions of dollars that would otherwise be spent incarcerating criminals. An estimated 40,000 offenders would be affected by Proposition 47 annually, instead serving time in county jails or facing no significant time behind bars. The savings would be used for truancy and dropout prevention programs, mental health and substance abuse treatment, and victim services.

Law enforcement groups oppose the measure, arguing it could hurt public safety, but have raised little for their effort. Meanwhile, big money is pouring into the yes campaign, including six-figure contributions from Public Storage executive B. Wayne Hughes, Netflix CEO Reed Hastings, and Sean Parker of Napster and Facebook fame.

The state Senate and Assembly public safety committees will hold a joint informational hearing on Proposition 47, starting at noon in Room 4203 of the Capitol. After an overview from the nonpartisan Legislative Analyst’s Office, supporters including San Francisco District Attorney George Gascón, and opponents such as Harriet Salarno, chair of Crime Victims United, will provide testimony on the measure.

via: http://www.sacbee.com/2014/10/02/6753371/am-alert-should-california-reduce.html

Read more here: http://www.sacbee.com/2014/10/02/6753371/am-alert-should-california-reduce.html#storylink=cpy

Senate Dems push for spending on mentally ill criminals

As budget negotiations reach their final weeks in the state Capitol, state Senate leader Darrell Steinberg is pressing for more spending to treat mental illness among inmates and people being released from prison, arguing that the proposals will reduce prison crowding and promote public safety.

The proposals by Senate Democrats to spend $132 million on reducing recidivism among mentally ill offenders are based on suggestions by professors at Stanford Law School, who studied the proliferation of mental illness within California’s prison population. Gov. Jerry Brown has proposed $91 million in spending.

The Senate Democrats’ package comes as lawmakers respond to Friday’s rampage near UC Santa Barbara in which a disturbed student killed six people and injured 13 in a spree of stabbing and shooting.

“These proposals finalized earlier this month are now cast under a different light than any of us had originally planned,” Steinberg said during a news conference Wednesday. “It’s a cruel and of course sad coincidence that the significance of one proposal – to improve training among front line law enforcement to recognize the warning signs of mental illness – was illustrated by a gun rampage in Santa Barbara County.”

The proposals from Senate Democrats include:

• $12 million to train law enforcement officers and $24 million to train prison employees in dealing with people who are mentally ill

• $25 million to expand re-entry programs for mentally ill offenders

• $20 million to help parolees by providing case managers to make sure they get treatment for mental health issues and substance abuse

• $20 million to expand so-called mental health courts that manage offenders who are mentally ill or addicted to drugs

• $50 million to re-establish a grant program for counties offering substance abuse treatment, job training or other programs to help mentally ill offenders after they’re released from prison.

via: http://www.sacbee.com/2014/05/28/6440139/senate-dems-push-for-spending.html#mi_rss=State%20Politics

Read more here: http://www.sacbee.com/2014/05/28/6440139/senate-dems-push-for-spending.html#mi_rss=State%20Politics#storylink=cpy

Declaring an impasse, judges to order solution on prisons

SACRAMENTO — Gov. Jerry Brown and lawyers for state prison inmates have failed to agree on a plan to handle crowding in the state's prisons, and the judges who ordered the two sides into talks said they would now order a solution themselves.

The judges gave Brown and the prisoners' attorneys until Jan. 23 to file proposals for achieving "durable compliance" with population limits that are scheduled to go into effect April 18.


The federal jurists — U.S. District Judges Thelton Henderson in San Francisco and Lawrence Karlton in Sacramento, and 9th Circuit Appellate Judge Stephen Reinhardt in Los Angeles — had set last Friday as a deadline for a negotiated solution to overcrowding that they say endangers inmates' health and safety.

But after three months of talks, "it now appears that no such agreement will be reached," the judges said in an order released Monday.

The jurists said they would make their decision within a month, possibly extending the April deadline.

Brown said Tuesday that any deal permitting the early release of offenders would have been untenable.

"We've talked a lot to the prison lawyers, and I understand their job is to get people out of prison, regardless of what the law may say," he told reporters in Bakersfield, where he stopped during a brief state tour to discuss policy issues. "My job is to protect public safety."

The governor said he would handle any order to further lower inmate numbers by moving more prisoners to privately owned lockups and county facilities.

"We're prepared to respond, and certainly over the next couple years to purchase more prison capacity," Brown said.

Brown had asked the judges to delay the population caps by three years. The state budget he proposed last week assumes at least a two-year delay.

The judges' latest order means a short delay before Brown and state lawmakers learn whether they will need to increase spending to send more prisoners to alternate facilities.

If the judges push the April deadline back to 2016, as Brown seeks, the governor proposes in his budget to direct $81 million in savings to prisoner rehabilitation programs.

Meanwhile, as the governor revealed in his budget plan, he is immediately extending eligibility for parole to more frail and elderly inmates, as well as expanding the number of some repeat offenders eligible for early release.

Those steps would make about 2,200 inmates newly eligible to be removed from the prisons, but state officials have told the court they expect only about 440 to be freed in the first six months of such changes.

California's prison population has dropped by more than 27,000 since Brown took office. But state reports show it has been growing since June and will continue to expand in the coming years.


"We are hopeful the court will recognize that the state has made significant reforms to our criminal justice system and will allow us an extension so we can build upon these landmark reforms," corrections spokeswoman Deborah Hoffman said.

via: http://www.latimes.com/local/la-me-ff-prisons-20140115,0,1442683.story#axzz2qVgzIeX5