Proposition 6: Safe Neighborhoods Act

Report
PROPOSITION 6
THE “SAFE NEIGHBORHOODS ACT”
WHAT DOES IT DO?
WHAT SHOULD YOU DO ABOUT IT?
Presented by
David Steinhart, Director
Commonweal Juvenile Justice Program
July 29, 2008
Los Angeles
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Proposition 6: “Safe Neighborhoods Act”
Scope of the measure….
 Earmarks $1 billion per year in state funds for local
law enforcement & probation operations
 Adds more than 40 new crimes and penalties,
resulting in increased jail & prison populations
 Targets gangs with suppression laws including new
penalties, expanded registration, civil injunctions, GPS
tracking, housing evictions
 Changes criminal procedure laws to facilitate
prosecutions and convictions
 Provides for trying more minors as adults
 Establishes new state oversight commission to review
and approve publicly funded criminal justice programs
 Numerous other changes in 32 pages of fine print text
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Prop 6: What does it do?
MAIN FUNDING PROVISIONS
Prop 6 permanently
earmarks $1 billion per
year in state funds for
designated law
enforcement programs
Proposition 6
Permanent Appropriations
$ 365 million for
New programs
 Can be changed only by a
¾ vote of the Legislature
 Appropriation rises each year with
mandated COLAs
$ 600 million for
Existing programs
 Earmarked funds will not be
available for future state needs or
spending in other areas such as
education, health care, environment
3
Prop
Prop 6:
6: What
What does
does it
it do?
do?
JJCPA/
Probation
Funding
PERMANENTLY
FUNDED
EXISTING
PROGRAMS
Proposition 6 perpetually funds existing programs:
Total $ 600 MILLION per year
COPS
(Citizens Option for Public Safety)
JJCPA
(Juvenile Justice Crime Prevention Act)
Probation Camp/Ranch
SB 81 DJJ Realignment
Other
$$ Millions
$-
$50
$100
$150
$200
$250
4
Prop 6: What does it do?
PERMANENTLY FUNDED NEW PROGRAMS
Proposition 6 perpetually funds new programs
Total $ 365 MILLION per year
General law enforcement
Gang suppression
Jail construction
Juvenile facilities
Adult probation & parole
Juvenile supervision & programs
Victim & Other programs
$$ Millions
$-
$20
$40
$60
$80
$100
$120
5
Prop 6: FISCAL IMPACT IDENTIFIED BY CALIF.
LEGISLATIVE ANALYST OFFICE (LAO)
Fiscal Effects
Amount
More than $500 million
Increase in net annual state within the first few years,
growing by tens of
costs
millions of dollars
annually thereafter
Additional one time state
capital outlay costs for
prisons
Costs and savings to state
trial courts, county jails
and other criminal justice
agencies
Potentially more than
$500 million
Unknown net fiscal impact
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Prop 6: ADDS MORE THAN 40 NEW CRIMES
AND PENALTIES TO CURENT LAW
EXAMPLES
GANG PARTICIPATION, RECRUITMENT AND REGISTRATION
 Life term for gang related home robbery, carjacking, witness threats
 Doubles prison terms for inmates who commit gang offenses
 5 year prison enhancement for gang recruitment of person under 14
 New felony for making false statements to police in gang investigations
 New felony/ misdemeanor penalties for failure to register
 New penalties for violations of gang injunctions
NEW DRUG CRIMES & PENALITES
 Bumps meth possession to felony, increases prison terms
VEHICLE THEFT
 No probation for subsequent car theft convictions
 Additional year in prison if theft was for purpose of sale or for listed other uses
 New “joyriding” penalties
VANDALISM– increases jail and prison terms for gang-related vandalism
offenses
REMOVAL OF GPS DEVICE— New crimes and penalties for removal of GPS
device
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Prop 6:ENFORCEMENT
What does it do?
Prop 6: GANG
PACKAGE
ANTI GANG PROVISIONS
SPENDING-- of all new funds created by Prop 6…
 …the share dedicated to gang suppression (arrest, prosecution,
incarceration, registration, GPS tracking) = 30% ($100 million/yr.)
 …the share dedicated to gang prevention or intervention = 0%
(but, Prop 6 does allocate $10 million/year for “law enforcement run youth
recreation and community service” programs, not targeted to gangs)
NEW GANG SUPPRESSION LAWS– Proposition 6….






adds multiple new crimes and penalties for gang-related conduct
increases gang registration requirements and penalties
expands gang civil injunction and lawsuit provisions
broadens prosecutor access to adult court in juvenile gang cases
adds restrictions on public housing allegedly used by gangs
augments the Department of Justice gang data base
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Prop 6: JUVENILE JUSTICE SYSTEM
PROP 6 PERPETUALLY FUNDS
 Schiff Cardenas JJCPA ($125 million/year w/ COLAs)
 SB 81 (DJJ realignment) ($92 million/year w/ COLAs)
 Probation/camp funds ($200 million/year w/ COLAs)
PROP 6 GIVES PROBATION
 AN ADDITIONAL $50 MILLION PER YEAR for juvenile facilities
and supervision
JJCPA AMENDMENT
 Prop 6 REMOVES COMMUNITY BASED AGENCIES and private
providers from local Juvenile Justice Coordinating Councils
SB 81 (DJJ Realignment) AMENDMENT
 Prop 6 DISALLOWS DIRECT FUNDING OF COUNTY MENTAL
HEALTH OR DRUG/ALCOHOL AGENCIES…only PROBATION may
receive SB 81 funds
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Prop 6: JUVENILE JUSTICE SYSTEM cont’d
TRYING MINORS AS ADULTS…. Prop 6
 Amends WIC 707 to presume minors over 14 charged w/ felony
gang crimes are “UNFIT” for juvenile court and may be tried as
adults, and
 Provides that if adjudicated as juveniles, these youth may be
sent to DJJ regardless of the commitment offense found by the
court (i.e., goes around realignment law limits of SB 81).
NEW CRIMES & PENALITES FOR JUVENILES
 Many of the crimes and penalties added by Prop 6 will apply to
juveniles, as new offenses or as “max time” enhancements
– e.g., GPS removal, vandalism, auto theft, multiple gang offenses
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Prop
6: CRIME
PREVENTION
Prop 6:
CRIME
PROGRAM
COMMISSION
Prop 6 creates the California Early Intervention,
Rehabilitation and Accountability Commission
 Purpose: evaluate publicly funded early intervention and
rehabilitation programs, including juvenile programs and
• recommend continue or terminate funding
 Members: 9 appointees ( 3 Gov, the AG, 2 Leg majority,
2 Leg minority and one from the Judicial Council)
 New rules for programs receiving public funds
• Programs must submit records annually to Commission
• Programs must adhere to listed objectives in Prop 6
• Programs will be evaluated by the commission
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Prop 6: OTHER LAW CHANGES
 For persons illegally in the US, prohibits bail or release on OR if
charged with a violent or gang offense
 Permits sheriffs to operate temporary jails in residential areas
not subject to normal jail regulations
 Relaxes hearsay evidence rules for prosecutions involving
witnesses whose unavailability is allegedly due to the defendant
 Disallows good time credits for prisoners with up-to-life sentences
 Requires adult parole officers to report any and all parole
violations to the Board of Parole Hearings
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Prop
6: 6:WHO’S
Prop
Who’sIN
inSUPPORT?
support?
AUTHORS
Sen. George & Assemblywoman Sharon Runner, 3-strikes author
Mike Reynolds, San Bernardino Co. Supervisor Gary Ovitt
SUPPORTING ORGANIZATIONS (Partial list, as of 8/1/08)
• CA State Sheriffs Association (lead role: LA Sheriff Lee Baca)
• California Police Chiefs’ Association
• Chief Probation Officers of CA
• CA District Attorneys Association
• California Correctional Peace Officers Association
• CA Probation, Parole & Correctional Association
• Crime Victims United
• Multiple Republican Office Holders
PROPONENTS’ WEBSITE: www. safeneighborhoodsact.com
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WHO’S
PAYING
FOR PROP
6? 6?
Prop
6: Who’s
Bankrolling
Prop
HENRY NICHOLAS III IS THE
BIGGEST CONTRIBUTOR-$ 1 MILLION TO DATE
• Founder of Broadcom
• “One of world’s wealthiest
individuals” (Forbes Magazine, 2006)
• Invested in other anti-crime initiatives
• Indicted in June 2008 for securities
fraud, drug crimes
OTHER LARGE CONTRIBUTORS:
Larry Rasmussen
George Runner for Senate
Gary Ovitt for Supervisor
Golden State Bail Assoc.
LA Deputy Sheriffs
Pechango Band Mission Indians
-- Source: Calif. Secretary of State
$200,000
$ 50,000
$ 50,000
$ 40,000
$ 25,000
$ 25,000
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Prop 6: Proponents’ Brochure
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THE NEED FOR PROP 6 AS
Prop
6: ARGUMENTS
IN SUPPORT
ASSERTED
BY ITSUSED
SUPPORTERS

Gang crime and homicide rates in CA are trending dangerously
upward-- a criminal justice crisis to which Prop 6 responds
FACT-- While gang homicides in Los Angeles are up, statewide
California violent crime rates including homicide are down over
the last year and significantly lower over the last 20 years
(Source: “Crime in California”, CA Dept. of Justice, 2007)

New gang suppression laws– with tough new crimes, penalties
and prosecutions—will be effective in combating gang violence
RESEARCHERS dispute this noting that suppression tactics
have not been found to be effective in reducing gang violence
unless combined with strategies that provide youth with
alternatives to gangs.
(Justice Policy Institute, “Gang Wars: the Failure of Enforcement Tactics and the
Need for Effective Public Safety Strategies”, 2007, at www.justicepolicy.org).
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THE NEED FOR PROP 6 AS
Prop 6:BY
Who’s
Against Prop 6?cont’d
ASSERTED
ITS SUPPORTERS–
 Local public safety programs have lost funding in the CA budget
compared to growth in other state-funded programs
FACT: According to the Legislative Analyst, the Local Public
Safety Fund for law enforcement has more than doubled from
$ 1.4 billion in FY 93/94 to over $ 3 billion in FY 08/09. The state
budget for local law enforcement exceeded $3.5 billion last year.
(Source: LAO, FY 08/09 Budget Analysis, Judicial & Criminal Justice)
 Probation-based juvenile justice operations are under-funded by
the state
FACT: State financial subsidies for probation-run juvenile justice
programs have grown steadily and significantly over the last ten
years, rising from less than $100 million in 1997 to more than
$400 million in 2007. Prime subsidies include: JJCPA ($125 mil),
Probation/camp ($200 mil), SB 81 ($66 mil).
(Source: California state budgets FY 96/97 – FY 07/08)
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Prop 6: GROUPS IN OPPOSITION
ORGANIZATIONS AGAINST
(Partial list, as of 8/1/08)







California Democratic Party
California Teachers Association, Calif. Federation of Teachers
Calif. Professional Firefighters
SEIU (Service Employees International Union)
Minorities in Law Enforcement
Los Angeles City Council, SF Board of Supervisors
Youth Advocacy Organizations (Ella Baker Center, Youth Law
Center, Children’s Defense Fund, CJCJ, others)
 League of Women Voters of CA
Opponents’ website: www.votenoprop6.com
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PROP
OPPONENTS’
Prop
6: 6:
Arguments
USEDARGUMENTS
in Opposition
 Crime statistics cited by proponents (and need for the measure)
do not accurately state statewide trends
 Gang suppression emphasis of Prop 6 is not effective in
deterring or reducing gang violence. Prop 6 undermines the
Governor’s Cal-GRIP gang initiative launched just last year.
 Prop 6 will cost taxpayers over $500 million per year in new
spending
 Permanent set-aside of $1 billion in state general funds is not
appropriate given chronic state deficits; funds will not be
available to meet other future needs
 New Prop 6 programs ($365 million) have no performance
objectives or accountability. Prop 6 perpetuates “COPS”
program cited as having “no definable goals” and “no
identifiable results” by the state Legislative Analyst
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PROP 6: OPPONENTS’ ARGUMENTS, cont’d
 Prop 6 over-reaches by adding more than 40 new crimes and
penalties and a host of prosecution-based law changes
 Prop 6 will drive up prison and jail populations, driving up the
cost of a state prison system that is already in receivership
 Prop 6 will have a disproportionate impact on minority and
immigrant populations
 Prop 6 can only be amended by a ¾ vote of the Legislature,
except to increase crimes and penalties (majority vote OK).
 Prop 6 has “unworthy” funding by a wealthy individual who has
been indicted by U.S. prosecutors for securities & drug crimes.
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