HomeMy WebLinkAbout2013-66 - Calling Upon the Governor and Legislature to Enter Into Discussions With League and California Police Chiefs' Association Representatives to Identify and Enact Strategies That Will Ensure the Success of Public Safety Realignment From a Local MunRESOLUTION NO. 2013 -66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA CALLING UPON
THE GOVERNOR AND LEGISLATURE TO ENTER INTO
DISCUSSIONS WITH LEAGUE AND CALIFORNIA
POLICE CHIEFS' ASSOCIATION REPRESENTATIVES TO
IDENTIFY AND ENACT STRATEGIES THAT WILL
ENSURE THE SUCCESS OF PUBLIC SAFETY
REALIGNMENT FROM A LOCAL MUNICIPAL LAW
ENFORCEMENT PERSPECTIVE
WHEREAS, in October 2011, the Governor proposed the realignment of public
safety responsibilities from state prisons to local government as a way to address recent
court orders in response to litigation related to state prison overcrowding, and to reduce
state expenditures;
WHEREAS, the Governor stated that realignment needed to be fully funded with
a constitutionally protected source of funds if it were to succeed;
WHEREAS, the Legislature enacted the realignment measures, AB 109 and AB
117, and the Governor signed them into law without full constitutionally protected
funding and liability protection for stakeholders;
WHEREAS, California currently has insufficient jail space, probation officers,
housing and job placement programs, medical and mental health facilities, lacks a
uniform definition of recidivism; and utilizes inappropriate convictions used to determine
inmate eligibility for participation in the realignment program;
WHEREAS, since the implementation of realignment there have been numerous
issues identified that have not been properly addressed that significantly impact
municipal police departments' efforts to successfully implement realignment;
WHEREAS, ultimately many of these probationers who have severe mental
illness are released into communities where they continue to commit crimes that impact
the safety of community members and drain the resources of probation departments
and police departments throughout the state;
WHEREAS, an estimated 30 counties were operating under court- ordered or
self- imposed population caps before realignment, and the current lack of bed space in
county jails has since led to many convicted probationers being released early after
serving a fraction of their time, with inadequate to no subsequent supervision, leaving
them free to engage in further criminal offenses in our local cities;
WHEREAS, there are inadequate data bases to share critical offender
information with local police departments; and
WHEREAS, local police departments have not received adequate funding to
properly address this new population of offenders who are victimizing California
communities.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The City Council encourages the Governor and State Legislature to
immediately enter into discussions with League of California Cities representatives and
the California Police Chiefs' Association to address the following issues:
1. The need to fully fund municipal police departments with constitutionally
protected funding to appropriately address realignment issues facing front line
law enforcement;
2. Amend appropriate sections of AB 109 to change the criteria justifying the
release of non - violent, non - serious, non -sex offender inmates (N3) to include
their total criminal and mental history instead of only their last criminal conviction;
3. Establish a uniform definition of recidivism with the input of all criminal justice
stakeholders throughout the state;
4. Enact legislation that will accommodate the option for city police officers to make
ten (10) day flash incarcerations in city jails for probationers who violate the
conditions of their probation;
5. Establish oversight procedures to encourage transparency and accountability
over the use of realignment funding;
6. Implement the recommendations identified in the California Little Hoover
Commission Report dated May 30, 2013;
7. Provide for greater representation of city officials on the local Community
Corrections Partnerships. Currently AB 117 provides for only one city official (a
police chief) on the 7- member body, 6 of which are aligned with the county in
which the partnership has been established. As a result, the counties dominate
the committees and the subsequent distribution of realignment funds.
8. Provide, either administratively or by legislation, an effective statewide data
sharing mechanism allowing state and local law enforcement agencies to rapidly
and efficiently share offender information to assist in tracking and monitoring the
activities of AB 109 and other offenders.
Section 2: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution,
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ( °CEQA ") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 10`h day of September, 2013.
ATTEST:
am v
Leilani 1. Brown
City Clerk
Keith D. Curry
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
1, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whale number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2013 -66 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 10'h day of September, 2013, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the official seat of
said City this 11'h day of September, 2013.
V�'UV IiIA i✓^C .
City Clerk'
Newport Beach, California
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