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HomeMy WebLinkAbout05-24-2018 Public Safety Task Force Agenda Packet Saratoga Public Safety Task Force Agenda - Page 1 of 2 SARATOGA PUBLIC SAFETY TASK FORCE REGULAR MEETING MAY 24, 2018 6:00 P.M. REGULAR MEETING City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on May 17, 2018. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the Public Safety Task Force for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the Public Safety Task Force from discussing or taking action on such items. However, the Public Safety Task Force schedule the item for discussion at a future meeting. AGENDA ITEMS: 1. Public Safety Task Force Minutes Recommended Action: Review and approve draft minutes from the April 26, 2018 meeting. 2. Public Safety Metrics Recommended Action: Review monthly update to public safety metrics. Metrics will be provided at the meeting. 3. Reducing Crime and Keeping California Safe Act of 2018 Recommended Action: Review the Reducing Crime and Keeping California Safe Act of 2018 and provide the City Council with a recommendation on whether to support the initiative. The Task Force’s recommendation is scheduled to go before the City Council on June 20, 2018. 4. Public Safety Postcard Recommended Action: Provide feedback on the August public safety postcard. Saratoga Public Safety Task Force Agenda - Page 2 of 2 5. Saratoga Safety Fair Debrief Recommended Action: Discuss the Saratoga Safety Fair held on May 20, 2018 and consider whether to recommend conducting the event in future years. 6. Neighborhood Watch Lead Survey Recommended Action: Discuss results of the Neighborhood Watch Lead survey. 7. Neighborhood Watch Guide Recommended Action: Provide feedback on the Neighborhood Watch Guide. 8. Future Agenda Items Recommended Action: Consider agenda items for upcoming meetings. The next meeting is on June 28, 2018. ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF AGENDA PACKET, & COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, Deputy City Manager for the City of Saratoga, declare that the foregoing agenda for the meeting of the Public Safety Task Force was posted and available for review on May 17, 2018 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 17th day of May 2018 at Saratoga, California. Crystal Bothelio, Deputy City Manager In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Public Safety Task Force by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408.868.1294. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 5.102-35.104 ADA title II] PUBLIC SAFETY TASK FORCE AGENDA PLANNER MEETING DATE AGENDA ITEMS March 27, 2017  Nomination of Chair/Vice Chair  Overview of State/City Laws & Policies  Review Public Safety Task Force Objectives, Development of Work Plan  Meeting Schedule  Future Agenda Items April 27, 2017  Review/approval of Minutes  Review of Public Safety Statistics  Proposed Public Safety Task Force Work Plan May 25, 2017  Review/approval of Minutes  Solved Crime/Arrest Data  Proposed Public Safety Task Force Work Plan  Future Agenda Items June 22, 2017  Review/approval of Minutes  Public Safety Metrics (Arrest Data: on-view vs warrant, Calls for Service)  Work Plan Implementation Council Priorities & Implementation Timeline  City Budget Overview  Work Plan Item: Improved Public Safety Webpage  Work Plan Item: Mobile App that Includes Public Safety Information  Future Agenda Items July 27, 2017  Review/approval of Minutes  Monthly Public Safety Metrics  Work Plan Item: Neighborhood Watch Leader Gathering  Work Plan Item: Mobile App  Rescheduling November and December Meeting Dates  CERT Overview  Future Agenda Items August 24, 2017  Review/approval of Minutes  Monthly Public Safety Metrics  Work Plan Item: Mobile App  Work Plan Item: Neighborhood Watch Leader Gathering  Scheduling the Saratoga Safety Fair & CERT/Neighborhood Watch Leader Gathering  Rescheduling November and December Meeting Dates  Future Agenda Items September 28, 2017  Review/approval of Minutes  Monthly Public Safety Metrics  Work Plan Item: Neighborhood Watch Gathering  Work Plan Item: Saratoga Safety Fair  Work Plan Item: Neighborhood Watch & CERT Gathering  Future Agenda Items October 26, 2017  Review/approval of Minutes  Monthly Public Safety Metrics  Work Plan Item: Neighborhood Watch Gathering – Debrief  Work Plan Item: Public Safety Webpage  Ongoing Success and Sustainability of Neighborhood Watch o Work Plan Item: Review Neighborhood Watch Process/Guidelines o Work Plan Item: Guidelines for Keeping Neighborhood Watch Groups Active  Work Plan Item: Neighborhood Watch & CERT Gathering  Work Plan Item: Saratoga Safety Fair  Future Agenda Items November 28, 2017  Review/approval of Minutes  Monthly Public Safety Metrics  Work Plan Item: Saratoga Safety Fair (Fundraising Plan)  Public Safety Task Force Budget Requests  Work Plan Item: Increase Neighborhood Watch Groups  Future Agenda Items January 25, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Task Force Work Plan and Status Update  Work Plan Item: Saratoga Safety Fair (including resource booth outreach)  Preparation for Joint Meeting with Saratoga CERT Leadership  Public Safety Postcard  Neighborhood Watch Brochure  Future Agenda Items February 22, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Joint Meeting with CERT Leadership o Work Plan Item: Neighborhood Watch/CERT Collaboration o Work Plan Item: Neighborhood Watch & CERT Gathering  Commission Work Plan Study Session & Task Force Work Plan  Neighborhood Watch Brochure  Future Agenda Items March 5, 2018 Commission Work Plan Study Session March 22, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Commission Work Plan Study Session Debrief  Work Plan Item: Review Neighborhood Watch Registration Process, Neighborhood Watch Guidelines  Work Plan Item: Neighborhood Watch & CERT Gathering  Work Plan Item: Saratoga Safety Fair (Status Update)  Future Agenda Items April 21, 2018 Neighborhood Watch/CERT Get Together 5:00 p.m. – 7:30 p.m. Saratoga Prospect Center, Friendship Hall April 26, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Work Plan Item: Neighborhood Watch Lead Survey  Work Plan Item: Neighborhood Watch & CERT Gathering Debrief  Work Plan Item: Saratoga Safety Fair  Work Plan Item: Review Neighborhood Watch Registration Process, Neighborhood Watch Guidelines  Future Agenda Items May 20, 2018 Saratoga Safety Fair 1:00 p.m. – 5:00 p.m. West Valley College, Campus Center May 24, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Work Plan Item: Reducing Crime and Keeping California Safe Act of 2018  Public Safety Postcard (August 2018)  Work Plan Item: Saratoga Safety Fair Debrief  Work Plan Item: Neighborhood Watch Lead Survey  Work Plan Item: Neighborhood Watch Guide  Future Agenda Items June 28, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Future Agenda Items July 26, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Public Safety Postcard (August 2018)  Work Plan Item: Public Safety Task Force Transition Plan  Future Agenda Items August 23, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Future Agenda Items September 27, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Public Safety Postcard (November 2018)  Future Agenda Items October 25, 2018  Review/approval of Minutes  Monthly Public Safety Metrics  Public Safety Postcard (November 2018)  Future Agenda Items November 22, 2018 *  Review/approval of Minutes  Monthly Public Safety Metrics  Future Agenda Items * Meeting falls on City Hall holiday/closure. Meeting to be rescheduled or canceled. RESOLUTION 17-010 - PUBLIC SAFETY TASK FORCE ROLE/DUTY: “The Public Safety Task Force will serve in an advisory capacity to the City Council on matters related to public safety and is charged with providing recommendations that can be considered and utilized by the City Council to enhance public safety in the City of Saratoga.” PUBLIC SAFETY TASK FORCE MEMBERSHIP FIRST NAME LAST NAME NOMINATED BY CITY EMAIL Ray Cosyn Mayor Bernald rcosyn@saratoga.ca.us John Hirokawa Chair Vice Mayor Cappello jhirokawa@saratoga.ca.us Rebecca Jepsen Council Member Lo rjepsen@saratoga.ca.us Chuck Page Vice Chair Council Member Miller cpage@saratoga.ca.us Arun Venkatachar Council Member Kumar avenkatachar@saratoga.ca.us PUBLIC SAFETY TASK FORCE WORK PLAN Approved June 7, 2017, Revised March 5, 2018 MISSION: Enhance public safety in the City of Saratoga. GOAL: Bring greater awareness to public safety through outreach and education; strengthen partnerships between residents and their neighbors, the City, and public safety agencies; and monitor and track progress of City efforts. PROPOSED ACTION ITEMS IMPLEMENTATION 1. Outreach and Education: A. Create an improved public safety website  Review existing content and provide staff with recommended changes before the launch of the new City website, scheduled for late summer/early fall 2017. B. Create a mobile app that includes public safety information  Provide staff with recommendations for desired content and functionality to be implemented in mobile app available through CivicPlus.  Review effectiveness of mobile app after implementation. C. Increase public safety communications on a broad range of public safety topics and provide regular communications on public safety (as needed or on a set schedule)  Create a public safety communications plan that identifies the audience, strategies for communicating (including priority messages/information and communication frequency), format for communications (such as email), and measure for success.  Include schools in communication efforts to target parents. D. Hold a Saratoga Safety Fair that provides residents with a variety of public safety resources, including information on domestic violence reporting/prevention, identity theft prevention, and burglary prevention  Identify event objectives and create an estimated event budget  Request event funding from the City council  Schedule event date and time  Work with staff to create outreach strategy  Document event planning process and lessons learned so that it can be recreated in future years 2. Strengthen Partnerships: A. Host a gathering of Neighborhood Watch leaders  Schedule event date and time  Work with staff to create outreach strategy  Document event planning process and lessons learned so that it can be recreated in future years B. Increase the number of Neighborhood Watch groups  Identify areas without a Neighborhood Watch  Conduct targeted outreach to those areas to solicit interest in Neighborhood Watch, including CERT members that may not be part of an existing Neighborhood Watch C. Encourage collaboration between Neighborhood Watch and CERT by working to have 1 CERT member per neighborhood  Identify Neighborhood Watch groups without active CERT Members  Conduct targeted outreach to those areas to solicit interest in CERT D. Review process and guidelines for forming Neighborhood Watch groups  Recommend changes to the City’s Neighborhood Watch registration process, if necessary E. Establish guidelines for keeping Neighborhood Watch groups active  Survey or solicit input from Neighborhood Watch groups to better understand what has worked well and should be avoided when forming Neighborhood Watch groups or keeping them active  Draft a guide for keeping a Neighborhood Watch group active 3. Monitor and Track Progress: A. Develop a metric for measuring success of public safety efforts, such as arrest rates  Work with Sheriff’s Office to identify effective measures for tracking progress, including crime rates, calls to 911, and arrest rates or case solved rates  Identify regular review period (such as annual or quarterly) to monitor success B. Measure/monitor engagement of Neighborhood Watch groups  Create Neighborhood Watch survey for leads to inquire about activities and engagement  Regularly review Neighborhood Watch registration and grant applications (such as annual or quarterly) 4. Council Directed Items A. Transition Plan  Create transition plan that provides guidance and recommendation for the City Council to consider following the sunset of the Task Force in November 2018. B. Reducing Crime and Keeping California Safe Act of 2018  Review the Reducing Crime and Keeping California Safe Act of 2018 and provide the City Council with a recommendation on whether to support the initiative. CITY COUNCIL PRIORITIES & DIRECTION FOR IMPLEMENTATION: - Improve Public Safety Website - Communications and Outreach o Include schools in outreach to target parents - Gathering of Neighborhood Watch Leaders - Development of metric(s) - Present any budget requests that may be needed to achieve work plan items to the Council by the December 6, 2017 City Council Meeting Saratoga Public Safety Task Force Minutes - Page 1 of 3 MINUTES APRIL 26, 2018 PUBLIC SAFETY TASK FORCE REGULAR MEETING Chair John Hirokawa called the meeting to order at 6:08 p.m. in the City Hall Administrative Conference Room at 13777 Fruitvale Avenue in Saratoga. ROLL CALL PRESENT: Members Ray Cosyn, John Hirokawa, Rebecca Jepsen, Chuck Page ABSENT: None ALSO PRESENT: Crystal Bothelio, Deputy City Manager Captain Rich Urena, Santa Clara County Sheriff’s Office REPORT ON POSTING OF THE AGENDA Deputy City Manager Crystal Bothelio reported that the agenda for this meeting was properly posted on April 18, 2018. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None AGENDA ITEMS: 1. Public Safety Task Force Minutes Recommended Action: Review and approve draft minutes from the March 22, 2018 meeting. PAGE/JEPSEN MOVED TO APPROVE DRAFT MINUTES FROM THE MARCH 22, 2018 MEETING. MOTION PASSED. AYES: COSYN, HIROKAWA, JEPSEN, PAGE. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. Public Safety Metrics Recommended Action: Review monthly update to public safety metrics. Captain Urena discussed activity near Prospect High School and the monthly update to the public safety metrics. 3 Saratoga Public Safety Task Force Minutes - Page 2 of 3 3. Neighborhood Watch Registration and Guidelines Recommended Action: Review recommended changes to the registration process for new Neighborhood Watch groups and guidelines for existing groups; consider additional recommended changes. The Task Force reviewed Neighborhood Watch registration and guideline recommendations from the March 2018 meeting. The consensus of the Task Force was to allow existing Neighborhood Watch groups to apply for grant, even if they have not held a social gathering in the prior year. JEPSEN/COSYN MOVED TO AMEND THE NEIGHBORHOOD WATCH GRANT AGREEMENT FORM TO STATE THAT APPLICANTS CAN APPLY AND RECEIVE A GRANT OF UP TO $300 BEFORE HOLDING A NEIGHBORHOOD SOCIAL GATHERING. MOTION PASSED. AYES: COSYN, HIROKAWA, JEPSEN, PAGE. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. JEPSEN/COSYN MOVED TO ADD A QUESTION NEIGHBORHOOD WATCH GRANT AGREEMENT FORM ASKING HOW APPLICANTS INTEND TO USE THE GRANT. MOTION FAILED. AYES: COSYN, JEPSEN. NOES: HIROKAWA, PAGE. ABSTAIN: NONE. ABSENT: NONE. JEPSEN/COSYN MOVED TO REQUIRE NEIGHBORHOOD WATCH GROUPS TO HOLD 1 SOCIAL GATHERING PER YEAR TO REMAIN ACTIVE AND REGISTERED. MOTION PASSED. AYES: COSYN, HIROKAWA, JEPSEN, PAGE. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 4. Neighborhood Watch Lead Survey Recommended Action: Discuss survey of Neighborhood Watch leads. The Task Force discussed the Neighborhood Watch lead survey. The Task Force requested that responses to question 6 be limited to yes or no. Participants that select yes should then be prompted to answer the question, “How have you used the grant funds?” The Task Force also requested that responses to question 7 be limited to weekly, monthly, quarterly and other with the option to provide additional information. 5. Neighborhood Watch/CERT Gathering Debrief Recommended Action: Discuss the Neighborhood Watch/CERT Gathering on April 21, 2018 and outcomes of the event. The Task Force discussed the Neighborhood Watch/CERT Gathering and reviewed the outcomes captured by staff. The Task Force requested additional information about how Neighborhood Watch groups may request a Personal Emergency Preparedness course for their neighborhood. 4 Saratoga Public Safety Task Force Minutes - Page 3 of 3 6. Saratoga Safety Fair Recommended Action: Receive update on Saratoga Safety Fair and provide feedback. The Task Force discussed the Safety Fair and requested an additional presentation on self- defense and personal safety specifically for women, seniors, and children, as well as a presentation titled, “How to Recover from Loss” on the recovery process following a theft or disaster. 7. Future Agenda Items Recommended Action: Consider agenda items for upcoming meetings. The next meeting is on May 24, 2018. Vice Chair Page shared he would be unable to attend the May meeting. Chair Hirokawa excused the absence. ADJOURNMENT Chair Hirokawa adjourned the meeting at 7:51 p.m. Minutes respectfully submitted: Crystal Bothelio, Deputy City Manager City of Saratoga 5 CITY OF SARATOGA Memorandum To: Public Safety Task Force From: Crystal Bothelio, Deputy City Manager Date: May 24, 2018 Subject: Public Safety Metrics At the June 22, 2017 Public Safety Task Force Meeting, the Task Force requested monthly update to public safety metrics, including reported crime, arrests, and suspicious calls. This information is now provided as a monthly agenda item, so that the Task Force may discuss the data if desired. 6 Burglary, Residential ID Theft, Forgery, Fraud Vandalism Grand Theft Burglary, Vehicle Domestic Violence Burglary, Commercial Auto Theft Simple & Aggravated Assaults Sex Crimes Robbery 2014 98 66 24 32 34 21 26 20 8 6 1 2015 123 103 36 29 33 29 24 20 13 9 1 2016 130 107 31 24 15 31 16 9 21 9 6 2017 69 70 19 23 14 20 19 18 12 7 6 2018 26 22 6 6 6 6 2 1 3 1 0 0 20 40 60 80 100 120 140 CRIMES 2014 -2018 2014 2015 2016 2017 2018 7 Burglary, Residential 33% ID Theft, Forgery, Fraud 28% Vandalism 7% Grand Theft 8% Burglary, Vehicle 8% Domestic Violence 8% Burglary, Commercial 2% Auto Theft 1%Simple & Aggravated Assaults 4% Sex Crimes 1%Robbery 0% CRIMES 2018 8 9 Jan Feb Mar Apr # Residential Burglaries 5 10 8 3 Arrests 1 3 0 0 Patrol Arrests 1 3 0 0 Detective/Warrant Arrests 0 0 0 0 Calls for Service 29 26 31 27 0 5 10 15 20 25 30 35 RESIDENTIAL BURGLARIES, ARRESTS, & CALLS FOR SERVICE BY MONTH - 2018 10 2014 2015 2016 2017 2018 Total Arrests 25 7 8 11 4 Patrol Arrests 14 6 6 8 4 Detective/Warrant Arrests 11 1 1 3 0 # Residential Burglaries 98 123 130 69 26 0 20 40 60 80 100 120 140 RESIDENTIAL BURGLARY & ARRESTS 2014 -2018 11 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2014 Calls 22 26 27 24 23 21 31 26 15 20 21 23 2015 Calls 15 30 27 26 27 24 16 25 13 22 28 43 2016 Calls 28 25 39 25 29 16 24 37 37 34 33 53 2017 Calls 25 36 28 20 22 24 17 38 34 17 24 40 2018 Calls 29 26 31 27 0 10 20 30 40 50 60 CALLS FOR SERVICE/SUSPICIOUS ACTIVITY 2014 -2018 BY MONTH 12 2014 2015 2016 2017 2018 Calls 279 296 380 325 113 Res. Burglaries 98 123 130 69 26 0 50 100 150 200 250 300 350 400 CALLS FOR SERVICE & RESIDENTIAL BURGLARIES 2014 -2018 13 Santa Clara County Sheriff’s Office Crime Definitions Burglary, Residential The criminal offense of breaking and entering a residence illegally for the purpose of committing a crime. Identity Theft, Forgery, Fraud Identity Theft: Knowingly transferring or using, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity Forgery: The creation of a false written document or alteration of a genuine one, with the intent to defraud Fraud: A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury. Vandalism Deliberate defacing or destruction of property Grand Theft Unlawful taking in any of the following, with the intent to steal:  Money, labor, or property with a value of over $950  Farm products including domestic fowl and crops with a value of over $250  Ocean and agricultural products taken from a research facility with a value of over $250  Money, labor, or property taken by an employee from their direct employer over a 12 month period with an aggregate value of over $950  Property taken from the person of another  When the property taken is a car, firearm, horse, or any other farm animal, regardless of value Burglary, Vehicle The criminal offense of breaking and entering a vehicle illegally for the purpose of committing a crime. Domestic Violence Abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together) Burglary, Commercial The criminal offense of breaking and entering a commercial building illegally for the purpose of committing a crime. Auto Theft Unlawful taking or driving of a vehicle Simple & Aggravated Assaults Simple Assault: Unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another Aggravated Assault: Assault with an "aggravating circumstance" to elevate the charges against the defendant. For example, use of a deadly weapon is often considered an aggravating circumstance that can elevate a charge to aggravated assault. Sex Crimes Criminal acts involving but not limited to rape, indecent exposure, lewd conduct, sexual assault, child pornography, child sex abuse, and violations of sex offender registration requirements pursuant to PC 290. Robbery The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation. 14 CITY OF SARATOGA Memorandum To: Public Safety Task Force From: Crystal Bothelio, Deputy City Manager Date: May 24, 2018 Subject: Reducing Crime and Keeping California Safe Act of 2018 At the March 2018 Commission Work Plan Study Session, the City Council directed the Public Safety Task Force to review the Reducing Crime and Keeping California Safe Act of 2018 (Keep California Safe) and provide a recommendation on whether to support the initiative. The Task Force’s recommendation is tentatively scheduled to go before the City Council on June 20, 2018. If the initiative receives sufficient signatures, it will appear on the November 2018 ballot. A copy of the initiative is attached. Proponents of Keep California Safe, state that the initiative will address issues that developed following passage of Prop 47 passed by California voters in 2014 and Assembly Bill (AB) 109 in 2011. Prop 47 reduced a number of crimes to misdemeanors. For example, shoplifting and grand theft where the value of stolen property does not exceed $950 were reclassified as misdemeanor. With the change in classification of these crimes as misdemeanors, fewer DNA samples were collected as California law only requires individuals convicted of felony crimes to provide DNA samples. Additionally, AB 109 allowed transfer of “non-serious, non-violent, and non-sex related” felony offenders to county jails or probation. Keep California Safe proponents claim that the initiative will reclassify a number of crimes currently considered non-violent as violent to prevent early release of inmates convicted of these crimes, reform the parole system to prevent early release of violent felons (as defined by the initiative), reform laws related to serial thieves and organized theft gangs, and expand DNA collection to include individuals convicted of drug, theft, domestic violence, or other serious crimes. A summary of the initiative from the Secretary of State website is below: - Imposes restrictions on parole program for non-violent offenders who have completed the full term for their primary offense. - Expands list of offenses that disqualify an inmate from this parole program. - Changes standards and requirements governing parole decisions under this program. - Authorizes felony charges for specified theft crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250 and $950. - Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state database. 15 The Legislative Analyst and Director of Finance estimate that the financial impact on the State and local governments will include: - Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily related to increases in penalties for certain theft-related crimes and the changes to the nonviolent offender release consideration process. - Increased state and local court-related costs of around a few million dollars annually related to processing probation revocations and additional felony theft filings. - Increased state and local law enforcement costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from additional offenders. Supporters of Keep California Safe include the City of Gilroy, City of Morgan Hill, as well as many other individuals and organizations. The list of supporters is available on the Keep California Safe website at https://keepcalsafe.org/assets/kcs-coalition-list.pdf. Below are several recent articles and opinion pieces on Keep California Safe: - Opinion: Initiative will fix flaws generated by California’s public safety ‘reforms’ - A gang member killed a cop nine days after he got out of jail. Did California’s justice reforms play a role? - Why is California fighting over collecting criminal’s DNA? - Opinion: Criminal justice reform is working - Opinion: It’s time to fix justice-reform laws 16 Date: RECEIVED Initiative Coordinator NOV 2 8 2017 Office of the Attorney General State of California INITIATIVE COORDINATOR PO Box ATTORNEY GENERAL'S OFFICE 994255 Sacramento, CA 94244-25550 Re: Initiative No. 17-0044 -Amendment# I Dear Initiative Coordinator: Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment# I to Initiative No. 17-0044. The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed. I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language. For purposes of inquiries from the public and the media, please direct them as follows: Charles H. Bell, Jr. 455 Capitol Mall, Suite 600 Sacramento, CA 95814 cbell@bmhlaw.com (916) 442-7757 Thank you for your time and attention processing my request. 1 7 - 0 0 4 4 Arndt.#/ 17 1 7 - 0 0 4 4 Arndt.#/ 17-0044 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO VOTERS SEC. 1. TITLE This act shall be known and may be cited as the Reducing Crime and Keeping California Safe Act of 2018. SEC. 2. PURPOSES This measure will fix three related problems created by recent laws that have threatened the public safety of Californians and their children from violent criminals. This measure will: A. Reform the parole system so violent felons are not released early from prison, strengthen oversight of post release community supervision and tighten penalties for violations of terms of post release community supervision; B. Reform theft laws to restore accountability for serial thieves and organized theft rings; and C. Expand DNA collection from persons convicted of drug, theft and domestic violence related crimes to help solve violent crimes and exonerate the innocent. SEC. 3. FINDINGS AND DECLARATIONS A. Prevent Early Release of Violent Felons 1. Protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance. Murderers, rapists, child molesters and other violent criminals should not be released early from prison. 2. Since 2014, California has had a larger increase in violent crime than the rest of the United States. Since 2013, violent crime in Los Angeles has increased 69.5%. Violent crime in Sacramento rose faster during the first six months of 2015 than in any of the 25 largest U.S. cities tracked by the FBI. 3. Recent changes to parole laws allowed the early release of dangerous criminals by the law's failure to define certain crimes as "violent." These changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered "non- violent offenders." 4. As a result, these so-called "non-violent" offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge. 5. Violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision, like the gang member charged with the murder of Whittier Police Officer, Keith Boyer. 6. Californians need better protection from such violent criminals. 7. Californians need better protection from felons who repeatedly violate the terms of their post release community supervision. 8. This measure reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations. 9. Californians need better protection from such violent criminals. This measure reforms the law to define such crimes as "violent felonies" for purposes of early release. Amended 11/28/17 Page I 18 17-0044 10. Nothing in this act is intended to create additional "strike" offenses which would increase the state prison population. 11. Nothing in this act is intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits. B. Restore Accountability for Serial Theft and Organized Theft Rings 1. Recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal. 2. As a result, between 2014 and 2016, California had the 2nd highest increase in theft and property crimes in the United States, while most states have seen a steady decline. According to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014, the largest single-year increase in at least ten years. 3. Individuals who repeatedly steal often do so to support their drug habit. Recent changes to California law have reduced judges' ability to order individuals convicted of repeated theft crimes into effective drug treatment programs. 4. California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal to support their drug problem to enter into existing drug treatment programs. This measure enacts such reforms. C. Restore DNA Collection to Solve Violent Crime 1. Collecting DNA from criminals is essential to solving violent crimes. Over 450 violent crimes including murder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals. 2. DNA collected in 2015 from a convicted child molester solved the rape-murders of two six- year-old boys that occurred three decades ago in Los Angeles County. DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape- murder of an 83-year-old woman. 3. Recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes. This measure restores DNA collection from persons convicted for such offenses. 4. Permitting collection of more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted. 5. This measure does not affect existing legal safeguards that protect the privacy of individuals by allowing for the removal of their DNA profile if they are not charged with a crime, are acquitted or are found innocent. SEC. 4. PAROLE CONSIDERATION Section 3003 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 ( commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, "last legal residence" shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital. (b) Notwithstanding subdivision ( a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of Amended 11/28/17 Page2 19 17-0044 parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 11 70, decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community: (1) The need to protect the life or safety of a victim, the parolee, a witness, or any other person. (2) Public concern that would reduce the chance that the inmate's parole would be successfully completed. (3) The verified existence of a work offer, or an educational or vocational training program. ( 4) The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate's parole would be successfully completed. (5) The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960. ( c) The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims. (d) In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release. (e)(l) The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 ( commencing with Section 3450) who is released in their jurisdictions: (A) Last, first, and middle names. (B) Birth date. (C) Sex, race, height, weight, and hair and eye color. (D) Date of parole or placement on postrelease community supervision and discharge. (E) Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense. (F) California Criminal Information Number, FBI number, social security number, and driver's license number. (G) County of commitment. (H) A description of scars, marks, and tattoos on the inmate. (I) Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance. (J) Address, including all of the following information: (i) Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph. (ii) City and ZIP Code. (iii) Date that the address provided pursuant to this subparagraph was proposed to be effective. (K) Contact officer and unit, including all of the following information: (i) Name and telephone number of each contact officer. Amended 11/28/17 Page 3 20 17-0044 (ii) Contact unit type of each contact officer such as units responsible for parole, registration, or county probation. (L) A digitized image of the photograph and at least a single digit fingerprint of the parolee. (M) A geographic coordinate for the inmate's residence location for use with a Geographical Information System (GIS) or comparable computer program. (N) Copies of the record of supervision during any prior period of parole. (2) Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision ( a) of Section 3451 the inmate's tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIP AA) (Public Law 104-191 ), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIP AA. (3) Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe. ( 4) All of the information required by this subdivision shall be provided utilizing a computer-to- computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request. (5) The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143. (f) Notwithstanding any other law, an inmate •.vho is released on parole shall not be returned to a loeation •.vithin 3 5 miles of the actual residence of a victim of, or a •.vitness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in v,rlrich the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or \Vitness. the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes: (1) A violent felony as defined subdivision (c) of Section 667.5 or subdivision (a) of Section 3040.1. (2) A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9. (g) Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one- Amended 11/28/17 Page4 21 17-0044 half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive. (h) Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victim's or witness' actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county oflast legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county. (i) The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions. G) An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 ( commencing with Section 3450). (k)(l) Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 ( commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision. (2) Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards. (1) In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer. Section 3040.1 is added to the Penal Code to read: (a) For purposes of early release or parole consideration under the authority of Section 32 of Article I of the Constitution, Sections 12838.4 and 12838.5 of the Government Code, Sections 3000.1, 3041.5, 3041.7, 3052, 5000, 5054, 5055, 5076.2 of this Code and the rulemaking authority granted by Section 5058 ofthis Code, the following shall be defined as "violent felony offenses": (1) Murder or voluntary manslaughter; Amended 11/28/17 Page 5 22 17-0044 (2)Mayhem; (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262; ( 4) Sodomy as defined in subdivision ( c) or ( d) of Section 286; (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a; (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288; (7) Any felony punishable by death or imprisonment in the state prison for life; (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213,264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55; (9) Any robbery; (10) Arson, in violation of subdivision (a) or (b) of Section 451; (11) Sexual penetration as defined in subdivision (a) or G) of Section 289; (12) Attempted murder; (13) A violation of Section 18745, 18750, or 18755; (14) Kidnapping; (15) Assault with the intent to commit a specified felony, in violation of Section 220; (16) Continuous sexual abuse of a child, in violation of Section 288.5; (17) Carjacking, as defined in subdivision (a) of Section 215; (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1; (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22; (20) Threats to victims or witnesses, as defined in subdivision ( c) of Section 136.1; (21) Any burglary of the first degree, as defined in subdivision ( a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary; (22) Any violation of Section 12022.53; (23) A violation of subdivision (b) or ( c) of Section 11418; (24) Solicitation to commit murder; (25) Felony assault with a firearm in violation of subsections (a)(2) and (b) of Section 245; (26) Felony assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245; (27) Felony assault with a deadly weapon upon the person of a peace officer or firefighter in violation of subdivisions (c) and (d) of Section 245; (28) Felony assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245; (29) Assault with caustic chemicals in violation of Section 244; (30) False imprisonment in violation of Section 210.5; (31) Felony discharging a firearm in violation of Section 246; (32) Discharge of a firearm from a motor vehicle in violation of subsection ( c) of Section 26100; (33) Felony domestic violence resulting in a traumatic condition in violation of Section 273.5; (34) Felony use of force or threats against a witness or victim of a crime in violation of Section 140; Amended 11/28/17 Page6 23 17-0044 (35) Felony resisting a peace officer and causing death or serious injury in violation of Section 148.10; (36) A felony hate crime punishable pursuant to Section 422.7; (37) Felony elder or dependent adult abuse in violation of subdivision (b) of Section 368; (38) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261; (39) Rape in violation of Section 262; ( 40) Sexual penetration in violation of subdivision (b ), ( d) or ( e) of Section 289; ( 41) Sodomy in violation of subdivision (f), (g), or (i) of Section 286; ( 42) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a; (43) Abduction of a minor for purposes of prostitution in violation of Section 267; (44) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1; (45) Child abuse in violation of Section 273ab; (46) Possessing, exploding, or igniting a destructive device in violation of Section 18740; ( 4 7) Two or more violations of subsection ( c) of Section 451; ( 48) Any attempt to commit an offense described in this subdivision; ( 49) Any felony in which it is pled and proven that the Defendant personally used a dangerous or deadly weapon; (50) Any offense resulting in lifetime sex offender registration pursuant to Sections 290 through 290.009. ( 51) Any conspiracy to commit an offense described in this Section. (b) The provisions of this section shall apply to any inmate serving a custodial prison sentence on or after the effective date of this section, regardless of when the sentence was imposed. Section 3040.2 is added to the Penal Code to read: (a) Upon conducting a nonviolent offender parole consideration review, the hearing officer for the Board of Parole Hearings shall consider all relevant, reliable information about the inmate. (b) The standard of review shall be whether the inmate will pose an unreasonable risk of creating victims as a result of felonious conduct if released from prison. (c) In reaching this determination, the hearing officer shall consider the following factors: (1) Circumstances surrounding the current conviction; (2) The inmate's criminal history, including involvement in other criminal conduct, both juvenile and adult, which is reliably documented; (3) The inmate's institutional behavior including both rehabilitative programming and institutional misconduct; (4) Any input from the inmate, any victim, whether registered or not at the time of the referral, and the prosecuting agency or agencies; (5) The inmate's past and present mental condition as documented in records in the possession of the Department of Corrections and Rehabilitation; (6) The inmate's past and present attitude about the crime; (7) Any other information which bears on the inmate's suitability for release. ( d) The following circumstances shall be considered by the hearing officer in determining whether the inmate is unsuitable for release: (1) Multiple victims involved in the current commitment offense; (2) A victim was particularly vulnerable due to age or physical or mental condition; (3) The inmate took advantage of a position of trust in the commission of the crime; Amended 11/28/17 Page7 24 17-0044 (4) The inmate was armed with or used a firearm or other deadly weapon in the commission of the crime; (5) A victim suffered great bodily injury during the commission of the crime; (6) The inmate committed the crime in association with a criminal street gang; (7) The inmate occupied a position of leadership or dominance over other participants in the commission of the crime, or the inmate induced others to participate in the commission of the crime; (8) During the commission of the crime, the inmate had a clear opportunity to cease but instead continued; (9) The inmate has engaged in other reliably documented criminal conduct which was an integral part of the crime for which the inmate is currently committed to prison; (10) The manner in which the crime was committed created a potential for serious injury to persons other than the victim of the crime; (11) The inmate was on probation, parole, post release community supervision, mandatory supervision or was in custody or had escaped from custody at the time of the commitment offense; (12) The inmate was on any form of pre-or post-conviction release at the time of the commitment offense; (13) The inmate's prior history of violence, whether as a juvenile or adult; (14) The inmate has engaged in misconduct in prison or jail; (15) The inmate is incarcerated for multiple cases from the same or different counties or jurisdictions. (e) The following circumstances shall be considered by the hearing officer in determining whether the inmate is suitable for release: (1) The inmate does not have a juvenile record of assaulting others or committing crimes with a potential of harm to victims; (2) The inmate lacks any history of violent crime; (3) The inmate has demonstrated remorse; (4) The inmate's present age reduces the risk of recidivism; ( 5) The inmate has made realistic plans if released or has developed marketable skills that can be put to use upon release; (6) The inmate's institutional activities demonstrate an enhanced ability to function within the law upon release; (7) The inmate participated in the crime under partially excusable circumstances which do not amount to a legal defense; (8) The inmate had no apparent predisposition to commit the crime but was induced by others to participate in its commission; (9) The inmate has a minimal or no criminal history; (10) The inmate was a passive participant or played a minor role in the commission of the crime; (11) The crime was committed during or due to an unusual situation unlikely to reoccur. Section 3040.3 is added to the Penal Code to read: (a) An inmate whose current commitment includes a concurrent, consecutive or stayed sentence for an offense or allegation defined as violent by subdivision (c) of Section 667.5 or 3040.1 shall be deemed a violent offender for purposes of Section 32 of Article I of the Constitution. Amended 11/28/17 Page8 25 17-0044 (b) An inmate whose current commitment includes an indeterminate sentence shall be deemed a violent offender for purposes of Section 32 of Article I of the Constitution. ( c) An inmate whose current commitment includes any enhancement which makes the underlying offense violent pursuant to subdivision (c) of Section 667.5 shall be deemed a violent offender for purposes of Section 32 of Article I of the Constitution. ( d) For purposes of Section 32 of Article I of the Constitution, the "full term" of the "primary offense" shall be calculated based only on actual days served on the commitment offense. Section 3040.4 is added to the Penal Code to read: Pursuant to subsection (b) of Section 28 of Article I of the Constitution, the Department shall give reasonable notice to victims of crime prior to an inmate being reviewed for early parole and release. The Department shall provide victims with the right to be heard regarding early parole consideration and to participate in the review process. The Department shall consider the safety of the victims, the victims' family, and the general public when making a determination on early release. (a) Prior to conducting a review for early parole, the Department shall provide notice to the prosecuting agency or agencies and to registered victims, and shall make reasonable efforts to locate and notify victims who are not registered. (b) The prosecuting agency shall have the right to review all information available to the hearing officer including, but not limited to the inmate's central file, documented adult and juvenile criminal history, institutional behavior including both rehabilitative programming and institutional misconduct, any input from any person or organization advocating on behalf of the inmate, and any information submitted by the public. ( c) A victim shall have a right to submit a statement for purposes of early parole consideration, including a confidential statement. ( d) All prosecuting agencies, any involved law enforcement agency, and all victims, whether or not registered, shall have the right to respond to the board in writing. ( e) Responses to the Board by prosecuting agencies, law enforcement agencies, and victims must be made within 90 days of the date of notification of the inmate's eligibility for early parole review or consideration. (f) The Board shall notify the prosecuting agencies, law enforcement agencies, and the victims of the Nonviolent Offender Parole decision within 10 days of the decision being made. (g) Within 30 days of the notice of the final decision concerning Nonviolent Offender Parole Consideration, the inmate and the prosecuting agencies may request review of the decision. (h) If an inmate is denied early release under the Nonviolent Offender Parole provisions of Section 32 of Article I of the Constitution, the inmate shall not be eligible for early Nonviolent Offender parole consideration for two (2) calendar years from the date of the final decision of the previous denial. Section 3041 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a)(l) In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmate's minimum eligible parole date for the purposes ofreviewing and documenting the inmate's activities and conduct pertinent to parole Amended 11/28/17 Page9 26 17-0044 eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing. (2) One year before the inmate's minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner. (3) In the event of a tie vote, the matter shall be referred for an en bane review of the record that was before the panel that rendered the tie vote. Upon en bane review, the board shall vote to either grant or deny parole and render a statement of decision. The en bane review shall be conducted pursuant to subdivision ( e ). (4) Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date or elderly parole eligibility date. ( 5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en bane hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en bane review is required to grant parole to any inmate. (b)(l) The panel or the board, sitting en bane, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en bane, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination. (2) After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panel's decision. The panel's decision shall become final pursuant to this subdivision unless the board finds that the panel made an error oflaw, or that the panel's decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing. (3) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en bane, following a public meeting. ( c) For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2. (d) It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings Amended 11/28/17 Page 10 27 17-0044 will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly. ( e) For purposes of this section, an en bane review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en bane review shall be conducted in compliance with the following: (1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote. (2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en bane proceeding. (3) The board shall separately state reasons for its decision to grant or deny parole. (4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en bane review. Section 3454 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a) Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process for assessing and refining a person's program ofpostrelease supervision. Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offender's risk of recidivism, and the offender's criminal history, and be otherwise consistent with law. (b) Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, may determine additional appropriate conditions of supervision listed in Section 3453 consistent with public safety, including the use of continuous electronic monitoring as defined in Section 1210. 7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offender's condition of postrelease supervision. (c) As used in this title, "flash incarceration" is a period of detention in a city or county jail due to a violation of an offender's conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days. Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary Amended 11/28/17 Page 11 28 17-0044 more frequent, periods of detention for violations of an offender's postrelease supervision conditions shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations. ( d) Upon a decision to impose a period of flash incarceration, the probation department shall notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. Section 3455 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a) If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, or if the supervised person has violated the terms of his or her release for a third time, the supervising county agency shall petition the court pursuant to Section 1203 .2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, and any recommendations. The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the conditions of postrelease community supervision, the revocation hearing officer shall have authority to do all of the following: (1) Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail. (2) Revoke and terminate postrelease community supervision and order the person to confinement in a county jail. (3) Refer the person to a reentry court pursuant to Section 3015 or other evidence-based program in the court's discretion. (b) (1) At any time during the period of postrelease community supervision, if a peace officer,. including a probation officer, has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, or has failed to appear at a hearing pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that person's arrest. (2) The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice. Amended 11/28/17 Page 12 29 17-0044 (3) Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate. ( c) The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Except as provided in paragraph (3) of subdivision (b ), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance. (d) Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction. ( e) A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the person's initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203 .2 or subdivision (b) of Section 3456. SEC. 5. DNA COLLECTION Section 296 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: (1) Any person, including any juvenile, who is convicted of or pleads guilty or no contest to any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense. (2) Any adult person who is arrested for or charged with any of the following felony offenses: (A) Any felony offense specified in Section 290 or attempt to commit any felony offense described in Section 290, or any felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290. (B) Murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. (C) Commencing on January 1, 2009, any adult person arrested or charged with any felony offense. (3) Any person, including any juvenile, who is required to register under Section 290 through 290.009 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense. Amended 11/28/17 Page 13 30 17-0044 ( 4) Any person, excluding a juvenile, who is convicted of, or pleads guilty or no contest to, any of the following offenses: (A) A misdemeanor violation of Section 459.5; (B) A violation of subdivision (a) of Section 473 that is punishable as a misdemeanor pursuant to subdivision (b) of Section 473; (C) A violation of subdivision (a) of Section 476a that is punishable as a misdemeanor pursuant to subdivision (b) of Section 476a; (D) A violation of Section 487 that is punishable as a misdemeanor pursuant to Section 490.2; (E) A violation of Section 496 that is punishable as a misdemeanor; (F) A misdemeanor violation of subdivision (a) of Section 11350 of the Health and Safety Code; (G) A misdemeanor violation of subdivision (a) of Section 113 77 of the Health and Safety Code; (H) A misdemeanor violation of paragraph (1) of subdivision (e) of Section 243; (I) A misdemeanor violation of Section 273.5; (J) A misdemeanor violation of paragraph (l) of subdivision (b) of Section 368; (K) Any misdemeanor violation where the victim is defined as set forth in Section 6211 of the Family Code; (L) A misdemeanor violation of paragraph (3) of subdivision (b) of Section 647. f41ill The term "felony" as used in this subdivision includes an attempt to commit the offense. ~® Nothing in this chapter shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non-qualifying offense. (b) The provisions of this chapter and its requirements for submission of specimens, samples and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of death, life without the possibility of parole, or any life or indetenninate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed any felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code. ( c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles: (1) Any person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (3) Any person found to be a sexually violent predator pursuant to Article 4 ( commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. ( d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a). Amended 11/28/17 Page 14 31 17-0044 ( e) If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any person, as defined under subdivision (a) of Section 296, the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter. (f) Prior to final disposition or sentencing in the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state's DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter. However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. SEC. 6. SHOPLIFTING Section 459.5 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny steal retail property or merchandise while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision ( c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170. (b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property. (c) "Retail property or merchandise" means any article, product, commodity, item or component intended to be sold in retail commerce. (d) "Value" means the retail value of an item as advertised by the affected retail establishment, including applicable taxes. (e) This section shall not apply to theft of a firearm, forgery, the unlawful sale, transfer, or conveyance of an access card pursuant to Section 484e, forgery of an access card pursuant to Section 484f, the unlawful use of an access card pursuant to Section 484g, theft from an elder pursuant to subdivision (e) of Section 368, receiving stolen property, embezzlement, or identity theft pursuant to Section 530.5, or the theft or unauthorized use of a vehicle pursuant to Section 10851 of the Vehicle Code. Amended 11/28/17 Page 15 32 17-0044 Section 490.2 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a) Notwithstanding Section 487 or any other provision oflaw defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision ( c) of Section 290. (b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law. ( c) This section shall not apply to theft of a firearm, forgery, the unlawful sale, transfer, or conveyance of an access card pursuant to Section 484e, forgery of an access card pursuant to Section 484f, the unlawful use of an access card pursuant to Section 484g, theft from an elder pursuant to subdivision (e) of Section 368, receiving stolen property, embezzlement, or identity theft pursuant to Section 530.5, or the theft or unauthorized use of a vehicle pursuant to Section 10851 of the Vehicle Code. SEC. 7. SERIAL THEFT Section 490.3 is added to the Penal Code to read: (a) This section applies to the following crimes: (1) petty theft; (2) shoplifting; (3) grand theft; ( 4) burglary; (5) carjacking; (6) robbery; (7) a crime against an elder or dependent adult within the meaning of subdivision ( d) or ( e) of Section 368; (8) any violation of Section 496; (9) unlawful taking or driving of a vehicle within the meaning of Section 10851 of the Vehicle Code. (10) Forgery. (11) The unlawful sale, transfer, or conveyance of an access card pursuant to Section 484e. (12) Forgery of an access card pursuant to Section 484f. (13) The unlawful use of an access card pursuant to Section 484g. (14) Identity theft pursuant to Section 530.5. (15) The theft or unauthorized use of a vehicle pursuant to Section 10851 of the Vehicle Code. (b) Notwithstanding subsection (3) of subdivision (h) of Section 1170, subsections (2) and ( 4) of subdivision (a) of Section 1170.12, subsections (2) and (4) of subdivision (c) of Section 667, any person who, having been previously convicted of two or more of the offenses specified in subdivision (a), which offenses were committed on separate occasions, and who is subsequently convicted of petty theft or shoplifting where the value of the money, labor, or real or personal Amended 11/28/17 Page 16 33 17-0044 property taken exceeds two hundred fifty dollars ($250) shall be punished by imprisonment in the county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170. ( c) This section does not prohibit a person or persons from being charged with any violation of law arising out of the same criminal transaction that violates this section. SEC. 8. ORGANIZED RETAIL THEFT Section 490.4 is added to the Penal Code to read: (a) "Retail property or merchandise" means any article, product, commodity, item or component intended to be sold in retail commerce. (b) "Value" means the retail value of an item as advertised by the affected retail establishment, including applicable taxes. (c) Any person, who, acting in concert with one or more other persons, commits two (2) or more thefts pursuant to Sections 459.5 or 490.2 ofretail property or merchandise having an aggregate value exceeding two hundred fifty dollars ($250) and unlawfully takes such property during a period of one hundred eighty days (180) is guilty of organized retail theft. ( d) Notwithstanding subsection (3) of subdivision (h) of Section 1170, subsections (2) and ( 4) of subdivision (a) of Section 1170.12, subsections (2) and (4) of subdivision (c) of Section 667, organized retail theft shall be punished by imprisonment in the county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170. (e) For purposes of this section, the value ofretail property stolen by persons acting in concert may be aggregated into a single count or charge, with the sum of the value of all of the retail merchandise being the values considered in determining the degree of theft. (f) An offense under this section may be prosecuted in any county in which an underlying theft could have been prosecuted as a separate offense. (g) This section does not prohibit a person or persons from being charged with any violation of law arising out of the same criminal transaction that violates this section. SEC. 9. AMENDMENTS This act shall not be amended by the Legislature except by a statute that furthers the purposes, findings and declarations of the Act and is passed in each house by roll call vote entered in the journal, three-fourths of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. SEC. 10. SEVERABILITY If any provision of this Act, or any part of any provision, or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications which can be given effect without the invalid or unconstitutional provision or application shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable. SEC. 11. CONFLICTING INITIATIVES (a) In the event that this measure and another measure addressing parole consideration pursuant to Section 32 of Article I of the Constitution, revocation of parole and post release community supervision, DNA collection, or theft offenses shall appear on the same statewide ballot, the Amended 11/28/17 Page 17 34 17-0044 provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the other measure or measures shall be null and void. (b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. Amended 11/28/17 Page 18 35 CITY OF SARATOGA Memorandum To: Public Safety Task Force From: Crystal Bothelio, Deputy City Manager Date: May 24, 2018 Subject: Public Safety Postcard At the recommendation of the Public Safety Task Force, the City Council allocated funds in the Fiscal Year 2018/19 budget to send a postcard with public safety messaging to Saratoga residents on a quarterly basis. Postcards are 6.25 inches by 9 inches and are mailed to all residences in the 95070 zip code. In previous discussions on the postcard, the Task Force has requested that post card include: - A seasonal message - 6 bullet pointed safety tips - Summary statement - Call to action - Bulleted tips from Captain Urena on the front The next postcard is scheduled to be mailed in August. A draft of the postcard is attached and below is the postcard mailing schedule. Mailing Schedule: - August 2018 - November 2018 - February 2019 - May 2019 36 See Something Say Something CITY OF SARATOGA PUBLIC SAFETY TIPS ** Fall into good safety habits ** Check out these tips from the City of Saratoga to keep you and your family safe this fall. 1. School traffic is back. Follow speed limits in school zones, keep an eye out for pedestrians and bicyclists, and give yourself more time to get to your destination if your route passes by a school. 2. Biking to school is a great way to beat school traffic. Wear a helmet and bright clothing, always ride with traffic, keep your eyes on the road to spot hazards, make eye contact with drivers at intersections, signal when turning, use a taillight, and steer clear of parked cars. 3. Watch out for Halloween tricks. Wear bright, reflective clothing and use a flash light while trick-or-treating, make sure children are accompanied by a responsible adult, watch for vehicles before crossing the road, and carefully inspect Halloween treats before they get eaten. 4. Replace smoke and carbon monoxide alarms when you change the clocks in the fall. 5. Winter (and cold season) is coming! Get a flu shot now. 6. Don’t let fall get you down. Check your home for trip hazards, including throw rugs that bunch up, extension cords across walkways, or uneven pathways. Make the most of this fall by following these tips! ** New Neighborhood Watch Requirement ** Neighborhood Watch groups are now required to hold 1 neighborhood gathering per calendar year to stay registered. Make sure your group is eligible for the Neighborhood Watch grant and stays on the Neighborhood Watch map by holding your neighborhood activity/gathering/get together before December 2018. For ideas and more information, visit www.saratoga.ca.us/neighborhoodwatch. 37 CITY OF SARATOGA13777 FRUITVALE AVESARATOGA, CA 95070CITY o f S ARATO G A CALIFO R N IA1956 ** Get Funded ** NEIGHBORHOOD WATCH GRANT Apply today for a Neighborhood Watch Grant to help your group get started or stay active. www.saratoga.ca.us/neighborhoodwatch ** Tip from Captain rich ** Many of us start holiday shopping in the fall. Here are some tips to keep you safe: * Do not leave valuable items in plain view in your vehicle and do not move valuable items to the trunk while in public * Never leave a purse or wallet on a store counter unattended * Call 911 if you see anyone not wearing a delivery company uniform removing packages from a front patio ** More Information ** www.saratoga.ca.us/stayingsafe 38 CITY OF SARATOGA Memorandum To: Public Safety Task Force From: Crystal Bothelio, Deputy City Manager Date: May 24, 2018 Subject: Neighborhood Watch Lead Survey One of the Task Force’s work plan items includes conducting a survey of Neighborhood Watch leads to help inform content for the Neighborhood Watch Guide. At the April meeting, the Task Force reviewed the questions, provided input, and agreed to proceed with the survey. The survey was sent out after the April meeting and the City received a total of 17 responses. The survey responses are shown below. Neighborhood Watch Lead Survey Results: 1. What, if any, benefits, have you observed as a result of Neighborhood Watch? - Better neighbor communication, more vigilance for strangers in neighborhood, hopefully resulting in reduced crime. - The commitment of our neighbors to ensure a safe community. We are able to look out for each other and share our concerns and ways to keep each other safe especially when one is on vacation. - It has brought awareness and a sense of shared security. It has also brought us closer together. - No benefits; has not formed - We know more of our close neighbors and watch out for each other's homes when others go on vacation. Every household has a list of the information we all contributed when signing up. - Got to know my neighbors better through block party - Neighbors talking to one another. - A safer neighborhood - better communication and awareness of neighbors needs - Safer communities - Being alerted to suspicious activities, people in our neighborhood - Association with Neighbors - Bring neighborhood together. - Get to know more people in the neighborhood 39 - Neighbors meet and talk more. - So far, no break-ins. Signs must be helping. - Neighbors getting to know each other better, sometimes for the first time. Crime seems to be down in our own watch area, as well as city-wide. Thanks for all your work at the city level! 2. What, if any, challenges do you face as a Neighborhood Watch lead? - Takes time to keep communication lists up to date. - As the Neighborhood Watch Lead I face the challenge of using the Grant Money and sometimes other Neighbors do not participate on our Google Groups but we are able to work on dividing up the tasks but it can be frustrating at times. Crystal Bothelio has been instrumental to get the Neighborhood Watch signs which were delayed. - The examination of installing cameras in the neighborhood as a result of a spate of recent burglaries, some where the occupants were in the house at the time. - I am not a neighborhood watch lead, just in charge of the email list. We do not have a willing lead so this has not gotten off the ground in our neighborhood. - Still trying to get a Neighborhood Watch sign for the area of Beaumont between Glen Brae and Glasgow, with no luck so far. - Involve everyone in the neighborhood. About 1/2 of my neighbors accepted my invitation to the block party. - Getting neighbors to engage and respond to requests for meetings, etc. - not much feedback from busy professionals, - Keeping participants engaged - None so far. - Lack of participation from neighbors - Continuing to insure that the sense of community continues. This is especially true of ethnically diverse neighborhoods. - We have a large neighborhood, its is a challenge to involve more people as this is our first year - I am not the Neighborhood watch lead. - Several traffic safety issues that I have taken to the Traffic Safety Commission meetings as a former Deputy Sheriff in Santa Clara and HOA Board I have added traffic safety to my responsibilities - Defining the role; seems to keep growing beyond original commitment. Getting neighbors mire actively involved eg. on Zone Captain level, get-togethers 3. What tools, resources, and/or information have helped you in your role as a leader in Neighborhood Watch? - Rishi Kumar has been fantastic as a resource!!! His newsletter and website are great. - Google Groups and E-Mail. - Email lists, information from Sheriff and Rishi Kumar, support from City with grants and information! 40 - NA - I forward info from the City of Saratoga, our councilmembers, and NextDoor to my Block to keep them informed. - Having a budget to sponsor activity and event. Occasional email announcements are helpful. The interaction with CERT members on April 21 was helpful (I plan to make my neighborhood aware of this team). - Signs, forms, NextDoor account. - Next door app, Sheriff’s report, coffee meeting with lawttes, Rushi Kumar emails, Sheriff’s Citizen Academy. CERT, SARA, Fire Safety programs, PEP - Video cameras - Being co-"chair" of my section. - More funds to bring neighbors together - Support of the sheriff - Working on developing a list - I am not the Neighborhood watch lead. - Updates from Rishi Kumar, Neighborhood Watch signs and annual grant from the city - Community mtgs, emails from Rishi & from city personnel, the watch signs & grant money 4. How often does your Neighborhood Watch get together? - 1/year - We hope to get together biannually but due to everyone’s busy schedule it may be hard to do so, - at least twice a year, but we communicate monthly. - Has not gotten together - We communicate by e-mail and personal interaction. No gatherings as yet. - So far, it has been only once per year as a group. We as neighbors see each other on the street on a weekly basis and say hello. - Quarterly. - Once a year - Zero other than initial meeting. I Don't have a home suitable for meetings, it was hard to get one neighbor to offer a home for initial meeting. I Use Email contact and my social contacts as I take my walks or visit them. - Monthly @ our Board meetings - 2-4 times a year unless there's an emergenc y - once a year - once or twice a year. - Hoping to meet quarterly, still in development phase - Once a year. 41 - We communicate through HOA monthly newsletters and emails - Only once so far! :-( 5. What types of gatherings has your Neighborhood Watch held? - Annual block party. We invite the sheriff to address us there. - As we are new none so far but we are planning a get together using the Grant Money. - Annual Spring Social where Sheriff addresses group, holiday events, local Street Zone events. - We get together socially once per year for a pot luck, we recently held fire safety meetings - None - One block party, attended by 1/2 of the neighbors. - Barbeques, pool parties. - initial meeting - Summer picnic. Christmas party. Wine tasting. - Not sure but I think some block parties (on other streets) - Social - First at my home, second in a neighborhood BBQ to be planned. - Information meeting - Summer Block Party. - Monthly HOA Board meetings, updates with owners - Zone get togethers - Dinner, dessert, etc. 6. Are you aware of the City of Saratoga Neighborhood Watch Grant? Responses: Yes: 14 No: 3 If yes, how have you used the grant funds? - Security cameras, block party - We are planning to use it for a Block Party or a Dinner at a Saratoga restaurant for at least the Block Captains and Leader to discuss ways to keep our neighborhood safe. - We received two, we used both for neighborhood events, two Spring Socials to advance Watch membership and share information, one Holiday event and one Block Party. - neighborhood block party - Yes - I don't know if we' ve received a grant; I simply don't recall. - Not yet. One was used, the other has not been used - To support the BBQ. 42 - Use for signage and supplies for meeting - Don't know. - Camera at our entrance - For zone mtg food supplies, printing fliers 7. How often do you communicate with your Neighborhood Watch members? Responses: Weekly: 1 Monthly: 7 Quarterly: 4 Other: 5 If you selected Other, please provide additional information. - Have not communicated - 6 months - As needed - We receive emails on occasion from the Neighborhood Watch lead, which tend to forward information from others. - In order to minimize email box stuffing, only as the need arises, ie. As info is sent to me, as an issue comes up in my area 8. What methods do you use to share news and information with your Neighborhood Watch members? - Google group mail list. One of our members republishes the sheriff weekly crime log to the neighborhood. - We use NextDoor and our Google Groups. - Email Google list to Watch members, Street Zone Captains and Safety Leaders. - We have a google group set up; it works well for people who use email; we put flyers in mailboxes for those who do not - E-mail - email - NextDoor and email, flyers for events. - Email - Community Newsletter - NextDoor is used frequently and our Neighborhood Watch Chair informs us of neighborhood break-ins, suspicious people and cars when they occur. - Google Groups - email - Mailing list - N/A. 43 - HOA newsletter and monthly Board meetings - Mainly email 9. What advice would you share with a new Neighborhood Watch group? - Make it EASY for members to join. - Talk with Rishi Kumar and Crystal Bothelio in the City of Saratoga Office to see ways you can start your Neighborhood Watch Program. Rishi's website has a lot of information about starting a Neighborhood Watch program. Don't be shy! - Share the advantages and promote program thoroughly at first, maintain communication. - You need a solid group of leads that will take this on. - The initial contact with each household and following up to get the information sheet filled out and returned. Then put in a form that can be e-mailed to all members of the group. - get to know neighbors by saying hello, knocking on doors, and being friendly - Use NextDoor! - A formatted newsletter of pre populated events And or resources that I could disseminate to my group on a monthly basis and with a boxed in area in it to customize myself with specific messages to my group. PDF editable format. - Communicate - Don't be shy about calling the Sheriff. - Any alerts, any articles on safety - Face to face contact in the formation. - I think they should plan quarterly get-togethers, and devise ways to watch out for each other. - Recruit HOA owners who work at home or retired - Be patient but diligent. Avoid alarmist approach so as to instill genuine commitment rather than fear-driven reactionary responses that may peter out. Instead, encourage genuinely solid relationships within each zone. This takes time. 10. What advice would you share with an existing Neighborhood Watch group struggling to stay active and engaged? - Hold a block party! Get others involved in planning it to engage them. - Walk around your neighborhood and talk with your fellow neighbors as well as look out for any suspicious activity or cars. Also calling the Sheriff’s Department if you see something at 408-299-3233 is vital no matter how minute the incident may be. Talk with Captain Urena at the Sherriff's Department and get to know your fellow Law Enforcement Officers, Firefighters and Paramedics as you never know when you may need their services. - Hold events, share information, respond rapidly to incidents and help them, this will keep engagement - Focus on social connections, rest will follow 44 - Keep in touch, at least by e-mail, and forward pertinent information from NextDoor and Saratoga City. Be friendly to everyone you meet on the street. - host a neighborhood block party - Pool parties work great! - Keep at it. You want safety, be a safety resource. - You don't miss the water until the well runs dry! - Stay in communication with your neighbors. - Keep them engaged at all times - TBD - I think they should plan quarterly get-togethers, and devise ways to watch out for each other. - Never give up - Provide pertinent info w/o overloading folks; encourage autonomy for own Zones, not over dependence on central leads or city, etc. Be patient, folks will come around as they perceive their own needs & to know each other. 45 CITY OF SARATOGA Memorandum To: Public Safety Task Force From: Crystal Bothelio, Deputy City Manager Date: May 24, 2018 Subject: Neighborhood Watch Guide One of the Task Force work plans includes creating a Neighborhood Watch guide. A draft guide is attached for the Task Force to consider and provide feedback on. 46 City of Saratoga Neighborhood Watch Program www.saratoga.ca.us/neighborhoodwatch *** Crystal Bothelio, Deputy City Manager City of Saratoga 408.868.1269 | cbothelio@saratoga.ca.usCITY o f S ARATO G A CALIF O R N IA1956 Preventing Home Burglaries * Lock windows and doors, side gates to the backyard, and doors to the garage * Close curtains when no one is home * Never hide a key outside * Use exterior, motion-activated lights in your front yard, side yard, and backyard * Program interior lights to come on at night, even if you aren’t home * Activate and regularly test home alarm systems * Change your locks immediately if your keys are lost or stolen * Don’t announce when you are out of town in voicemail greetings or on social media * Request a Sheriff’s Office patrol check at www.saratoga.ca.us/patrol and put a hold on mail and newspaper delivery when out of town Preventing Identity Theft & Scams * Drop outgoing mail off at the Post Office * Never leave mail in your mailbox overnight * Install a locking mailbox * Do not carry your Social Security card in your wallet * Do not respond to unsolicited requests for personal information by phone, mail, or online * Check your credit score regularly and carefully review financial statements * Shred receipts, credit card offers, statements, and expired credit cards * Remember scammers often pretend to be a government official, family member, or charity organization * Do not give out personal or financial information if you receive an unexpected request by phone call, text, or email. * Be aware that scammers may use fake caller ID information to pretend to be a trusted organization or person * Never forget that government agencies do not request payment by prepaid debit card, gift card, or wire transfer * Be cautious if a caller pressures you to immediately act through scare tactics Preventing Vehicle Theft & Burglaries * Never leave a car running if unattended * Always lock your vehicle * Do not leave valuables in plain sight * Do not move valuable items to the trunk while in plain view * Keep your car parked in the garage at home * Use an alarm or mechanical locking device * Do not leave windows or sunroofs open SARATOGA NEIGHBORHOOD WATCH See Something Say Something General Guide 47 Getting Started * Check the City Neighborhood Watch map to see if you are part of an existing Neighborhood Watch * If your home is not part of a Neighborhood Watch, seek out neighbors interested in forming a group * With your neighbors, decide the boundaries (overlapping boundaries are not allowed), concerns, goals, preferred Neighborhood Watch signage locations, and method for communicating amongst the neighborhood * Go door to door to let neighbors know about Neighborhood Watch, find out who wants to help, and get contact information to invite people to an orientation with the Sheriff’s Office * Get neighbors to fill out a sign in sheet to demonstrate engagement from a majority of households in your Neighborhood Watch area when you go door to door or at your Orientation * Considering splitting the Neighborhood Watch group into zones of 10 to 20 homes each with designated captains for each zone that are responsible for communicating with residents in that area * Hold an Orientation with the Sheriff’s Office for the entire neighborhood, contact the City at 408.868.1269 to request an orientation * Register your group on the City’s website to receive signs and be eligible for the Neighborhood Watch grant Requirements * Hold 1 neighborhood gathering per year to remain an active registered Neighborhood Watch group * Gatherings can include block parties, meetings with the Sheriff’s Office, a class on personal emergency preparedness, or any other activity that your entire Neighborhood Watch group is invited to Benefits from Saratoga Neighborhood Watch Leaders Better neighborhood communication Awareness and a sense of shared security Neighbors talking to one another A safer neighborhood Communications * Email groups or social media groups, like Facebook or Nextdoor groups, are easy to set up and a great way to share information quickly * Not all residents have access to the internet, have a plan for communicating with these neighbors * Block captains can be a great resource for getting information out the area or block they are responsible for * Subscribe to the City’s e-newsletters, including the quarterly Neighborhood Watch newsletter, Weekly Sheriff’s Office Activity Summary, and monthly Saratoga Source to receive current information you can share with neighbors Resources * For help, tips, or to invite a member of the Sheriff’s Office to an event, call 408.868.1269 * The City offers a $300 grant to support the efforts of registered, active Neighborhood Watch groups Calling 911 * Call 911 immediately if you see any suspicious activity * Suspicious activity includes anything that feels uncomfortable or looks out of place. You know your neighborhood best, trust your instincts. * Examples: strangers loitering in your neighborhood, a person looking into cars or windows, open or broken doors or windows, people arriving at a neighbor’s home while they are away, individuals that are not wearing an identifiable delivery company uniform removing packages from a front patio, solicitors selling goods or services without a solicitor photo ID card from the City * Provide 911 with an exact location, an overview of the activity you’ve observed, and as detailed a description as possible of people and vehicles More Info * www.saratoga.ca.us/neighborhoodwatch Activity Ideas from Saratoga Neighborhood Watch Leaders Block Party Annual Pot Luck Pool Party Wine Tasting Party Holiday Party Tips from Saratoga Neighborhood Watch Leaders Have fun Don’t be shy about calling the Sheriff Focus on social connections Keep in touch Be friendly to everyone you meet on the street Never give up 48