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HomeMy WebLinkAbout05 - LCC Reso for Public Safety Realignmentz - Agenda Item No. s September 10, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Jay R. Johnson, Chief of Police 949 - 644- 3701,JJohnson @nbpd.org PREPARED BY: Jon Lewis, Police ieatenant 949 - 644- 37).•, J�eewis @nbpd.org TITLEResorution Supporting the League of California Cities and California Police Chiefs' Association Efforts to Identify and Enact Strategies to Ensure the Success of Public Safety Realignment On September 20, 2013, the League of California Cities ( "League ") will hold their General Assembly Meeting where they will also vote on resolutions that are designed to shape public policy statewide. One of the resolutions that will be voted on is a resolution asking for the Governor and State Legislature to enter into discussions with the League and California Police Chiefs' Association ( "Association ") to identify and enact strategies to ensure the success of realignment from the perspective of municipal law enforcement. The League is asking cities throughout California, including the City of Newport Beach, to adopt a resolution supporting the League's and the Association's efforts to work with the Governor and Legislature to improve realignment efforts. RECOMMENDATION: Adopt Resolution No. 2013- 66 of the League of California Cities calling upon the Governor and Legislature to enter into discussion with the League and the Association representatives to identify and enact strategies that will ensure the success of Public Safety Realignment from a local municipal law enforcement perspective. FUNDING REQUIREMENTS: There is no fiscal impact related to this item Resolution of the League of California Cities September 10, 2013 Page 2 DISCUSSION: In October 2011, the Governor proposed the realignment of public safety tasks from State Prisons to local government as a way to address certain judicial orders dealing with state prison overcrowding and to reduce State expenditures. This program shifts the prisoner burden from state prisons to local counties and cities. When the Governor signed the law realignment, he stated that realignment needed to be fully funded with a constitutionally protected source of funds to succeed. Nonetheless, the law was implemented without full constitutional protected funding for counties and cities; insufficient liability protections to local agencies; jail space; probation officers; housing and job placement programs; medical and mental health facilities; and with an inappropriate definition of non - serious, non - sexual, non - violent criminal convictions (N3) used to screen inmates for participation in the program. Two - thirds of California's 58 counties are already under some form of mandated early release. Currently, 20 counties must comply with maximum population capacity limits enforced by court order, while another 12 counties have self- imposed population caps to avoid lawsuits. At this time, no one knows what the full impact of realignment will ultimately be on crime. We hope that crime will continue to drop, but with the current experience of the 40,000 offenders realigned since October 2011, and an estimated additional 12,000 offenders being shifted from state prison to local jails and community supervision by the end of fiscal year 2013 -14, it will be very difficult to realize lower crime rates in the future. Beginning in October 2011, California state prisons began moving N3 offenders into county jails, the county probation and court systems, and ultimately funneled them into community supervision or alternative sentencing program in cities where they will live, work, and commit crime. The League and the Association desire to work with the Governor and Legislature to improve realignment efforts and to reduce potential negative effects for cities. The attached resolution supports the League's and Association's efforts. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. F1 Resolution of the League of California Cities September 10, 2013 Page 3 NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers this item). Submitted by: GZO/L� Jay R. nso Chief Police Attachment: Resolution No. 2013- RESOLUTION NO. 2013- 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; -1- a 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 -2- 5 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 10th day of September, 2013. r,IJ0r� -1S Leilani I. Brown City Clerk Keith D. Curry Mayor -3- 6