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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. Proposition 6: “Safe Neighborhoods Act”. Scope of the measure….

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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 NeighborhoodsAct”

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 inincreased jail & prison populations

  • Targets gangs with suppression lawsincluding 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

  • Can be changed only by a

    ¾ vote of the Legislature

  • Appropriation rises each year with mandated COLAs

  • Earmarked funds will not be

    available for future state needs or spending in other areas such as education, health care, environment

$ 365 million for

New programs

$ 600 million for

Existing programs


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Prop 6: What does it do?JJCPA/ Probation Funding

Prop 6: What does it do?PERMANENTLY FUNDED EXISTING PROGRAMS

(Citizens Option for Public Safety)

(Juvenile Justice Crime Prevention Act)


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Prop 6: What does it do?PERMANENTLY FUNDED NEW PROGRAMS



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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: GANG ENFORCEMENT PACKAGE CURENT LAW

Prop 6: What does it do?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 CURENT LAW

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 CURENT LAW

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 commitmentoffense 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 PROGRAM COMMISSION CURENT LAW

Prop 6: CRIME PREVENTION

  • 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 CURENT LAW

  • For persons illegally in the US, prohibits bail or release on ORif charged with a violent or gang offense

  • Permits sheriffs to operatetemporary 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: Who’s in support? CURENT LAW

Prop 6: WHO’S IN 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? CURENT LAW

Prop 6: Who’s Bankrolling Prop 6?

  • 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 $200,000

George Runner for Senate $ 50,000

Gary Ovitt for Supervisor $ 50,000

Golden State Bail Assoc. $ 40,000

LA Deputy Sheriffs $ 25,000

Pechango Band Mission Indians $ 25,000

-- Source: Calif. Secretary of State



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THE NEED FOR PROP 6 AS CURENT LAW ASSERTED BY ITS SUPPORTERS

Prop 6: ARGUMENTS USED IN SUPPORT

  • 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 CURENT LAW ASSERTED BY ITS SUPPORTERS– cont’d

Prop 6: Who’s Against Prop 6?

  • 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 CURENT LAW

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 6: OPPONENTS’ ARGUMENTS CURENT LAW

Prop 6: Arguments USED 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 CURENT LAW, 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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