Administration of Justice update 3/14/2014
2014-15 Proposed Budget
The key public safety issues in the Governor’s budget are scheduled to be heard in the relevant Senate and Assembly budget subcommittees toward the latter part of April. In the meantime, the Legislative Analyst’s Office (LAO) has put out two reports of interest that assess the Governor’s public safety budget items.
Assessment of 2014-15 Budget Proposals : This report discusses and provides alternative recommendations on the Governor’s key public safety proposals. It covers the judicial branch, state corrections system, and local government publicsafety related budget issues. Of most significance to counties is the discussion and recommendations on the realignment-related proposals, including the Governor’s commitment of an additional $500 million in local jail construction projects, the proposed presumption of a split sentence for 1170(h) jail terms, and the establishment of 10-year sentence cap for 1170(h) terms that are eligible to be served in county jails. The LAO raises a number of concerns regarding these proposals and recommends the Legislature consider other alternatives. This discussion begins on page 44 of the report.
Prison Overcrowding : In a separate publication released recently, the LAO discusses at length the history of prison overcrowding, the impacts of 2011 Realignment on the state prison population, and the challenges the state faces over the long-term in meeting the court-ordered population cap. The report recommends modification to the Governor’s budget proposal related to use of resources from the Recidivism Reduction Fund, suggests further investment in county efforts to reduce new prison admissions, and emphasizes the need to focus on long-term, sustainable compliance with the court’s order.
2011 Realignment
AB 1050 Executive Steering Committee Work Underway
The Board of State and Community Corrections (BSCC), pursuant to AB 1050 (Dickinson) enacted in 2013, has convened an Executive Steering Committee (ESC) to develop definitions for key realignment-related terms. As counties will recall, this measure requires the BSCC to convene a group of key stakeholders – including counties and a range of public safety officials – to establish definitions of terms such as “recidivism,” “average daily population,” “treatment program completion rates,” and “any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs.” Pat Blacklock, the Yolo County Administrative Officer and chair of the Data Advisory Committee to the Realignment Allocation Committee, is serving as the county representative on the ESC. Counties interested in learning more about the matters before the ESC may wish to review this staff memo.
Stanford Criminal Justice Center Reports and Resources
Counties should be aware that the Stanford Criminal Justice Center (SCJC) has published a series of reports on various aspects of 2011 Public Safety Realignment. While there are other publications available online, we highlight below the most recently issued reports, including an examination of prosecutorial charging practices in a post-realignment world released this week.
- The New Normal? Prosecutorial Charging in California After Public Safety Realignment by W. David Ball and Robert Weisberg (January 2014). Link to full report here
- Reallocation of Responsibility: Changes to the Correctional System in California Post-Realignment by Lisa T. Quan, Sara Abarbanel, and Debbie Mukamal (January 2014). Link to full report here Link to Executive Summary here
- Assessing Judicial Sentencing Preferences After Public Safety Realignment: A Survey of California Judges by Robert Weisberg and Lisa T. Quan (January 2014) Link to full report here
- Follow the Money: How California Counties Are Spending Their Public Safety Realignment Funds by Jeffrey Lin and Joan Petersilia (January 2014) Link to full reporthere Link to Executive Summary here
- Voices from the Field: How California Stakeholders View Public Policy Safety Realignment by Joan Petersilia (January 2014). Link to full report here
Little Hoover Commission
The Little Hoover Commission (LHC) also released a report recently assessing recent correctional reforms. Sensible Sentencing for a Safer California explores the state’s prison overcrowding as well as the impacts of realignment and makes a number of recommendations for additional policy changes. These recommendations include the proposed establishment of a Criminal Justice Information Center to collect data on sentencing policies; a requirement that all 1170(h) jail sentences be followed by a period of mandatory supervision in the community; and incentives to expand public-private partnerships to help with successful community reintegration.
Legislators Introduce Bills to Address Human Trafficking
As you may be aware, child sexual exploitation and trafficking is estimated to be one of the fastest growing criminal enterprises in the world, with more than $12 billion in global underground economy activity annually. Here in California, even with strong efforts from local law enforcement to reduce the occurrence of human trafficking, exploitation and victimization continue to persist. This was demonstrated in a recent report from the National Human Trafficking Resource Hotline which found that the organization received more calls for assistance originating from California than any other state.
This legislative session, a number of members have introduced bills that touch upon the issue of human trafficking in some way. While CSAC has yet to take a position on any of the measures discussed below, our 2014 policy priorities emphasize promoting smart prevention and intervention investments in the area of criminal justice and public safety which includes working to prevent human trafficking in our communities. We welcome your input and comments on these bills.
AB 1585 (Alejo) Human Trafficking: Petition for Relief
This bill, authored by Assemblyman Alejo, provides that a defendant who has been convicted of solicitation or prostitution may petition the court to set aside the conviction if the defendant can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking. Specifically, this bill allows a court to issue an order that does all of the following:
- Sets forth a finding that the petitioner was a victim of human trafficking when he or she committed the crime; Orders expungement relief; and Notifies the Department of Justice (DOJ) that the petitioner was a victim of human trafficking when he or she committed the crime and the relief that has been ordered by the court.
- Prohibits DOJ from disseminating the petitioner’s record of conviction for applications and petitions related to adoptions, and other specified licensing, employment and certification requirements.
There is no registered opposition to AB 1585 at this time. The bill left the Assembly Public Safety Committee on a unanimous vote and will be set for a hearing in the Assembly Appropriations Committee.
AB 1610 (Bonta) Material Witnesses: Human Trafficking
This bill, authored by Assemblyman Bonta, aims to expand the ability for witnesses who are victims or material witnesses in serious felony cases involving human trafficking to provide their testimony on a conditional status ahead of the trial.
Under existing law, this ability to be examined conditionally prior to trial only exisits for specified criminal trial cases, including when a person is about to leave the state or is so sick or infirm that he or she will be unable to attend the trial.
This bill is set for hearing in the Assembly Public Safety Committee on March 25, 2014.
AB 1623 (Atkins) Family Justice Centers
This bill, authored by Assemblywoman Atkins, would authorize any city, county, or community-based nonprofit organization to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder abuse, and human trafficking, as specified beginning January 1st of 2015. The bill would also specify additional confidentiality provisions relating to information disclosed by a victim in a family justice center and would require each family justice center to provide mandatory training for all staff members, volunteers, and agency professionals.
Under existing law, only the cities of Anaheim and San Diego, as well as the counties of Alameda and Sonoma have been authorized to establish a family justice center as part of a 2-year pilot program which ended as of January 1, 2014.
This bill will be heard in Assembly Public Safety Committee on March 25, 2014. It has also been referred to the Assembly Judiciary Committee for a subsequent hearing.
AB 1791 (Maienschein) Human Trafficking: Sex Offender Registration
This bill, authored by Assemblyman Maienschein, would expand the Sex Offender Registration Act to apply to a person who recruits, harbors, transports, provides, sells, purchases, or obtains, or attempts to recruit, harbor, transport, provide, sell, purchase, or obtain, a person who is a minor at the time of the commission of certain commercial sex acts.
In addition, the bill would expand that list of certain sex offenses such as disorderly conduct relating to soliciting prostitution, which are currently punishable as misdemeanor offenses and make them punishable as felonies instead.
This bill has been referred to the Assembly Public Safety Committee, but is not yet set for a hearing.
AB 1887 (Campos) Human Trafficking: Sealing and Destruction of Arrest Records
This bill, authored by Assemblywoman Campos, would authorize a person to petition a court to set aside a conviction for an offense relating to solicitation or prostitution based on a finding that the person is factually innocent of the charge if the person is a victim of human trafficking and the offense is a result of the petitioner’s status as a victim of that crime. If the court finds that the petitioner is factually innocent, the bill would further require the court to order the records of the arrest to be sealed and destroyed.
The bill would also provide that a finding that the petitioner is factually innocent pursuant to this provision shall be admissible as evidence in a civil action brought by the petitioner, or his or her estate or representative, against an individual or entity for damages arising from the individual’s or entity’s alleged involvement in human trafficking.
The bill is currently in the Assembly Committee on Public Safety and has been set for a hearing on March 25, 2014.
SB 955 (Mitchell) Human Trafficking: Interception of Electronic Communication
This bill, authored by Senator Mitchell, would add human
trafficking to the list of offenses for which interception of
electronic communications may be ordered if a judge finds, among
other things, that there is probable cause to believe that an
individual is committing, has committed, or is about to commit,
one of several offenses, including possession for sale of certain
controlled substances, murder, and certain felonies involving
destructive devices.
The bill has been co-authored by Senators Lieu, Hill and Huff, as
well as Assembly Member Eggman, The bill will be heard in the
Senate Public Safety Committee on April 8, 2014.
SB 1084 (Walters) Human Trafficking: Serious Felony
This bill, authored by Senator Walters, would simply add human trafficking to the definition of a serious felony and make that felony punishable under California’s Three Strikes Law. The bill will be heard in the Senate Public Safety Committee on April 8, 2014.
SB 1085 (Walters) Human Trafficking: Probation
This bill, authored by Senator Walters, would prohibit the granting of probation to, or the suspension of sentence for, a person who is convicted of human trafficking. The bill will also be heard in the Senate Public Safety Committee on April 8, 2014.
SB 1388 (Lieu) Commercial Sexual Exploitation of Children Services Fund
This bill, authored by Senator Lieu, aims to set up a fund based on fine revenue that will support child sexual abuse victim counseling centers and programs that fund services for child victims of human trafficking.
Specifically, under the bill, a person who seeks to purchase or purchases a commercial sex act will be guilty of a misdemeanor, punishable by imprisonment in the county jail for at least 48 hours, but not more than 6 months, and by a fine of at least $1,000. If probation is granted, the fine will be at least $1,000, but not more than $50,000, and will be deposited in the Victim-Witness Assistance Fund to fund grants to local programs.
The bill would also authorize the court to order a defendant who is convicted of purchasing a commercial sex act involving any person who was a minor at the time of the offense, to pay an additional fine of not less than $1,000 and not more than $10,000. These fines would be collected and deposited into the Commercial Sexual Exploitation of Children Services Fund, which would be created in the State Treasury and available upon appropriation from the Legislature.
The bill is co-authored by Senators Mitchell, Hill and Huff. It’s first policy hearing will take place in the Senate Public Safety Committee on April 22, 2014.
AB 1512 (Stone): County Inmate Transfers
As Amended – March 11, 2014
SUPPORT
CSAC is pleased to support AB 1512 by Assemblyman Stone which would allow the Board of Supervisors of a county to enter into a transfer agreement with another county to house local jail inmates when it is deemed in the opinion of the Sheriff of the transferring county that the current facilities for housing inmates are inadequate to serve the population.
Amendments taken in the Assembly Public Safety Committee require any transferred inmates to be sentenced inmates and individuals required to serve a term of imprisonment in county jail as a condition of probation, rather than pre-trial inmates.
Additionally, the bill was further amended to reduce the authorization term for the program from July 1, 2020, to July 1, 2018.
With these changes, CSAC believes this legislation will maintain county flexibility and preserve a clear population management tool for local law enforcement.