HomeMy WebLinkAbout07-26-2018 Public Safety Task Force Agenda Packet
Saratoga Public Safety Task Force Agenda - Page 1 of 2
SARATOGA
PUBLIC SAFETY TASK FORCE
REGULAR MEETING
July 26, 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 July 19, 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 June 28, 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
Recommended Action:
Review the Reducing Crime and Keeping California Safe Act 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 August 1, 2018.
4. Neighborhood Watch Lead Survey
Recommended Action:
Discuss results of the Neighborhood Watch Lead survey.
Saratoga Public Safety Task Force Agenda - Page 2 of 2
5. Public Safety Task Force Transition Plan
Recommended Action:
Continue development of a transition plan and final recommendations to the City Council, as
directed by the City Council at the March 2018 Work Plan Study Session.
6. Neighborhood Watch Lead Gathering
Recommended Action:
Discuss the Neighborhood Watch Lead Gathering, including potential event dates and
locations.
7. Task Force November Meeting Date
Recommended Action:
Discuss rescheduling the Task Force’s regular November meeting, which falls on
Thanksgiving Day.
8. Future Agenda Items
Recommended Action:
Consider agenda items for upcoming meetings. The next meeting is on August 23, 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
July 19, 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 19th day of July 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
Work Plan Item: Reducing Crime and Keeping California Safe Act of
2018
Work Plan Item: Public Safety Task Force Transition Plan
Work Plan Item: Neighborhood Watch Lead Survey
Neighborhood Watch Initiation, Protocols, and Privacy Concerns
Future Agenda Items
July 26, 2018 Review/approval of Minutes
Monthly Public Safety Metrics
Work Plan Item: Reducing Crime and Keeping California Safe Act of
2018
Work Plan Item: Public Safety Task Force Transition Plan
Work Plan Item: Neighborhood Watch Lead Survey
Work Plan Item: Fall Neighborhood Watch Lead Gathering
Rescheduling November Meeting Date
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
JUNE 28, 2018
PUBLIC SAFETY TASK FORCE
REGULAR MEETING
Vice Chair Chuck Page called the meeting to order at 6:08 p.m. in the Linda Callon Conference
Room at City Hall at 13777 Fruitvale Avenue in Saratoga.
ROLL CALL
PRESENT: Members Ray Cosyn, Rebecca Jepsen, Chuck Page, Arun
Venkatachar
ABSENT: Member John Hirokawa
ALSO PRESENT: Crystal Bothelio, Deputy City Manager
Captain Rich Urena, Santa Clara County Sheriff’s Office
Esther Park
REPORT ON POSTING OF THE AGENDA
Deputy City Manager Crystal Bothelio reported that the agenda for this meeting was properly
posted on June 22, 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 May 24, 2018 meeting.
COSYN/VENKATACHAR MOVED TO APPROVE DRAFT MINUTES FROM THE
MAY 24, 2018 MEETING. MOTION PASSED. AYES: COSYN, JEPSEN, PAGE,
VENKATACHAR. NOES: NONE. ABSTAIN: NONE. ABSENT: HIROKAWA.
2. Public Safety Metrics
Recommended Action:
Review monthly update to public safety metrics. Metrics will be provided at the meeting.
Captain Rich Urena discussed metrics from the month of May and addressed questions from
the Task Force. He also shared information about National Night Out.
The Task Force requested that the City share information about National Night Out and the
Neighborhood Watch grant with residents.
3
Saratoga Public Safety Task Force Minutes - Page 2 of 3
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 August 1, 2018.
The Task Force agreed to continue discussion on the item at the July meeting.
Esther Park commented on the agenda item.
4. Neighborhood Watch Lead Survey
Recommended Action:
Discuss results of the Neighborhood Watch Lead survey.
The Task Force requested that the survey be emailed directly by staff to leads only and
agreed to consider the results at the July meeting. The Task Force also requested that a
summary of the survey results be shared with Neighborhood Watch leads.
5. Public Safety Task Force Transition Plan
Recommended Action:
Begin development of a transition plan and final recommendations to the City Council, as
directed by the City Council at the March 2018 Work Plan Study Session.
The Task Force discussed the transition plan.
Task Force Member Jepsen recommended that the City continue to have a body people tied
to the City focused on growing and maintaining interest in Neighborhood Watch. She also
recommended that the City serve as the only source of Neighborhood Watch messaging to
avoid conflicting information or inconsistencies. She also recommended holding the Safety
Fair again in the future
Esther Park commented on the agenda item.
The Task Force agreed to schedule it for further discussion at the July meeting.
6. Neighborhood Watch Initiation, Protocols, and Privacy Concerns
Recommended Action:
Discuss and consider Neighborhood Watch initiation, protocols, and privacy concerns.
The Task Force discussed personal contact information provided as part of the Neighborhood
Watch program.
4
Saratoga Public Safety Task Force Minutes - Page 3 of 3
7. Future Agenda Items
Recommended Action:
Consider agenda items for upcoming meetings. The next meeting is on July 26, 2018.
The Task Force agreed to include the following items on the July agenda:
Transition Plan
Reducing Crime and Keeping California Safe Act of 2018
Neighborhood Watch Lead Survey
Fall Neighborhood Watch Gathering
ADJOURNMENT
Vice Chair Page adjourned the meeting at 7:54 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: July 26, 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 30 33 9 9 11 8 4 5 4 5 2
0
20
40
60
80
100
120
140
CRIMES 2014 -2018
2014 2015 2016 2017 2018
7
Burglary, Residential
25%
ID Theft, Forgery, Fraud
27%
Vandalism
8%
Grand Theft
8%
Burglary, Vehicle
9%
Domestic Violence
7%
Burglary, Commercial
3%
Auto Theft
4%
Simple & Aggravated Assaults
3%
Sex Crimes
4%Robbery
2%
CRIMES 2018
8
9
2014 2015 2016 2017 2018
Total Arrests 25 7 8 11 5
Patrol Arrests 14 6 6 8 4
Detective/Warrant Arrests 11 1 1 3 1
# Residential Burglaries 98 123 130 69 30
0
20
40
60
80
100
120
140
RESIDENTIAL BURGLARY & ARRESTS 2014 -2018
10
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 19 29
0
10
20
30
40
50
60
CALLS FOR SERVICE/SUSPICIOUS ACTIVITY 2014 -2018 BY MONTH
11
2014 2015 2016 2017 2018
Calls 279 296 380 325 161
Res. Burglaries 98 123 130 69 30
0
50
100
150
200
250
300
350
400
CALLS FOR SERVICE & RESIDENTIAL BURGLARIES 2014 -2018
12
Jan Feb Mar Apr
Calls for Service 29 26 31 27
# Residential Burglaries 5 10 8 3
Arrests 1 3 0 0
Patrol Arrests 1 3 0 0
Detective/Warrant Arrests 0 0 0 0
0
5
10
15
20
25
30
35
RESIDENTIAL BURGLARIES, ARRESTS, & CALLS FOR SERVICE BY MONTH -
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: June 28, 2018
Subject: Reducing Crime and Keeping California Safe Act
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 (Keep California
Safe) and provide a recommendation on whether to support the initiative. The measure was originally
submitted to be considered on the November 2018 ballot. However, the measure failed to qualify in
time. It has been slated for consideration by California voters in November 2020.
A copy of the initiative is attached.
Background:
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 is below and the full text of the initiative is available on the Secretary of
State website:
- 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.
15
- Requires persons convicted of specified misdemeanors to submit to collection of DNA
samples for state database.
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.
Recent articles, opinion pieces on Keep California Safe, and other resources:
- 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
- Bid to Toughen California Crime Laws Set for 2020 Ballot
- The Impact of Proposition 47 on Crime and Recidivism, Public Policy Institute of California
Attachments:
- Reducing Crime and Keeping California Safe Act of 2018 Initiative
- Presentation on the Keep California Safe Act from Association of Deputy District Attorneys
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
Michele Hanisee
President
Association of Deputy
District Attorneys
MicheleHanisee@gmail.com
LAADDA.COM
Unintended Impacts of
AB 109,
Proposition 47 & 57
Intent & Effect:
1. Transferred responsibility for
housing and supervision of some
sentenced felons to counties.
2. Shifted supervision of some released
felons from State Parole to County
Probation.
3. Reduced penalties for violation of
terms of release.
AB 109
36
Unintended Results:
•Filled up county jail with felons serving
long-term sentences.
•Allowed felons with violent histories to
be released to minimal supervision
based on their current commitment
offense.
AB 109
“In 2011, Governor Jerry Brown
signed Assembly Bill 109; the
California State Public Safety
Realignment Plan.
This plan shifted the supervision
of individuals who were convicted
of non-violent, non-serious, non-
high risk sexual offenses from the
State Parole’s jurisdiction to the
local county probation
departments throughout the state.
Between September and
November in 2011, the
Department received
approximately 4,000 former
parolees for supervision services.”
37
Documented gang
member
Convictions include:
•Murder
•Robbery
•Theft
•Concealed dirk /
dagger
•Drugs
Released to L.A. County
Probation : June 28, 2016
Arrest Warrant Issued:
February 2017
“Henson was released from state prison to the supervision of the Los Angeles
County Probation Department on June 28, 2016. Under the Governor’s Public
Safety Realignment Act of 2011, better known as Assembly Bill 109 (AB 109), the
responsibility of lower‐level offenders was shifted from the State to Los Angeles
County…
Henson qualified to be released to the supervision of probation, under AB 109,
because his current commitment offense for carrying a concealed dirk or dagger
is defined as non‐serious and non‐violent under the California penal code.
“Henson was released from state prison to the supervision of the Los Angeles
County Probation Department on June 28, 2016. Under the Governor’s Public
Safety Realignment Act of 2011, better known as Assembly Bill 109 (AB 109), the
responsibility of lower‐level offenders was shifted from the State to Los Angeles
County…
Henson qualified to be released to the supervision of probation, under AB 109,
because his current commitment offense for carrying a concealed dirk or dagger
is defined as non‐serious and non‐violent under the California penal code.
38
Intent & Effect:
1. Reduced sentences for drug
possession to a misdemeanor.
2. Made all thefts under $950
misdemeanor offenses, even for
repeat offenses.
Prop. 47
Unintended Results:
•Eliminated DNA collection for those crimes.
•Reduced ability of police to arrest repeat
theft offenders.
•No room in jail for misdemeanor sentences
due to housing felons under AB 109.
•Dis-incentivized reporting and arrests as
victims learned police could not arrest and
perpetrators would not be punished.
Prop. 47
39
The guard was identified by a cousin as 28‐year‐old Joe Lopez.
A man in his 20s described as a "transient" was trying to steal two
cans of beer from the Food 4 Less in the 12600 block of Glenoaks
Boulevard in Sylmar when the incident occurred, authorities said.
"It appears to be a beer run gone bad," LAPD Officer Taylor McLaws said. "They
went in to steal beer and got into some sort of altercation with security."
When the man left the store with the stolen beer, Lopez chased after him on his
bicycle while on duty as a security guard, authorities said.
The two men wrestled on the sidewalk outside the store, when the thief plunged
a blade into Lopez's neck, according to an eyewitness account.
"He just cut his neck ... so he killed him," Elena Lira, a witness, said.
"I guess he was just doing his job," Lira said. "But for two beers, he lost his life."
Intent & Effect:
1. Allowed for early release of “non-
violent” inmates from state prison.
Prop. 57
40
Unintended Results:
•Crimes not already defined as
“violent” count as “non-violent.”
•Constitutional rights of victims being
unlawfully reduced.
Prop. 57
Not “Violent” felonies
•Human trafficking of a minor for sex [PC236.1(c)]
•Hate crimes [PC 422.7]
•Arson of forest land causing physical injury [PC
451(c)]
•Assault w/ deadly weapon on peace officer
[245(c)]
•Active participation in a street gang [186.22]
•Exploding destructive device w/ intent to cause
injury [18740]
•First degree burglary [PC 459]
41
Not “Violent” felonies
•Assault with a deadly weapon or force likely to
cause great bodily injury [245(a)(1) &(4)]
•Domestic violence [273.5]
•Battery with Serious Bodily Injury [243(d)]
•Solicitation to Commit Murder [653f(b)]
•Inflicting corporal injury on a child [PC 273d]
•Rape/sodomy/oral copulation of unconscious
person or by use of date rape drugs. [ 261(a)(3)
& (4), 286(f), 288a(f)]
42
43
44
Reducing Crime and
Keeping California
Safe Act of 2018.
45
•Reclassifies current “non-violent” crimes as
“violent” — to prevent the early release of
inmates convicted of these crimes.
•Expands parole oversight and strengthens
penalties for parole violations.
•Reforms theft laws to restore accountability
for serial thieves and organized theft rings.
•Expands DNA collection to include those
convicted of misdemeanor drug, theft, and
domestic violence crimes to help solve
rapes, murders and other violent crimes —
and to exonerate those wrongly accused.
•Restores rights of victims to be heard before
early release of the perpetrator.
46
KeepCaliforniaSafe.org
#KeepCASafe
findyourrep.legislature.ca.gov
www.legislature.ca.gov
47
CITY OF SARATOGA
Memorandum
To: Public Safety Task Force
From: Crystal Bothelio, Deputy City Manager
Date: July 26, 2018
Subject: Neighborhood Watch Lead Survey
One of the Task Force’s work plan items includes conducting a survey of Neighborhood Watch leads.
At the April meeting, the Task Force reviewed the questions, provided input, and agreed to proceed
with the survey. The survey was initially sent out after the April meeting and the City received a total
of 17 responses. At the request of the Task Force, the survey was sent out again after the May
meeting and an additional 16 responses were submitted, bring the total up to 33. The survey was
released a third time to Neighborhood Watch Leads only following the June meeting and a total of 8
additional responses were received, bringing the new total to 41 responses. The new response from
leads are shown in the results in blue text.
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
48
- Association with Neighbors
- Bring neighborhood together.
- Get to know more people in the neighborhood
- 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!
- 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!
- I feel we are more apt to communicate with each other and notify our neighbors and
sheriff is there is anything suspicious going on in the neighborhood
- ?
- None
- More communication between neighbors, a more friendly neighborhood.
- We don't have a formal neighborhood watch. We would like to put together one.
- I'm meeting more of my neighbors beyond my own block. Crime has been noticeably
reduced in my immediate area.
- More neighborhoods becoming closer and understanding that together than can fight
crime.
- More awareness of being responsible for own security.
- Tighter, more responsive communications
- I do like receiving the emails from the various leaders about issues of common interest. I
feel safer as a result.
- It's difficult to tell as only about 5 members give any feedback. I do think they are more
aware of each other and anything unusual.
- Prevented crime, (went down), brought neighborhood closer together, complimented our
SWCA (Swim Club)
- Other than slightly more awareness of people being the neighborhood- not much
- We're a new group, but people are starting to pay more attention and reporting issues
- Neighbors are really getting to know each other - look out for each other. Folks actually
now stop to chat on the street versus just walking by each other!
- People are more observant of what is happening on their street.
- Getting to know the neighbors and reduce residential burglaries.
- The collaboration of neighbors coming together for the common goal of a safe
neighborhood.
- people seem to know more of the neighborhood members
- More active participation by some people
49
- Came to know neighbors better, feels more like a neighborhood, increased safety as more
communication with neighbors, less hesitation to contact police to report any activity,
more contact with city
- Better contact in the neighborhood.
- We watch out for each other’s homes.
People are noticing the Boards and asking questions
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
- Biggest challenge is getting some neighbors to share their email.
- ?
- Not applicable
- Getting participation
- Finding Block Captains and getting feedback from/interaction w/BC's.
50
- Safety Captains dropping out. Lost 2. Although both of them was recommended by other
neighbors, they just dropped out. That leaves me to find 2 more for 24 homes. Also,
missing some block captains and no one steps up or offers to assist me for their street/ct.
So, after 3 tries of trying to reach each and every home, I give up. That leaves me with
the next round of flyers to pass out.
- Safety Captains dropping out. Lost 2. Although both of them was recommended by other
neighbors, they just dropped out. That leaves me to find 2 more for 24 homes. Also,
missing some block captains and no one steps up or offers to assist me for their street/ct.
So, after 3 tries of trying to reach each and every home, I give up. That leaves me with
the next round of flyers to pass out.
- Difficult to get 100% participation
- I am not a Neighborhood Watch lead
- Getting any response to emails I send to the 100 in our group.
- Getting full participation (100%), although we have about 60%. Sporadic burglaries.
- how to keep people engaged
- None for me, but I know people in other areas have no clue who their lead is and therefore
aren't helping their neighborhood be as safe as it could be
- Some folks don't have email, so making sure they get the updates is a bit of a challenge.
Thankfully, we have over 90% of everyone’s emails.
- I am not a lead.
- Some neighbors do not want to get involved.
- Not being able to coordinate the time and dates at times due to the busy schedule of our
neighbors.
- 13732 Saratoga Vista Ave
- Not everyone wants to talk, answer their door, etc.
- Time and laziness. Takes time to organize some activities like going door to door for
information or membership.
- Having the time to support on going contact with a very diverse population
- The fact that we have a small group helps to keep it manageable.
- Not able to get more leads to sign up
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!
- NA
- I forward info from the City of Saratoga, our councilmembers, and NextDoor to my Block
to keep them informed. 51
- 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
- Annual informational meetings at our neighborhood club.
- ?
- None
- Email, polls
- advice & info from you guys; accountability from Rishi, joint mtgs each year
- Things from Rishi Kumar and Crystal, who helps with clarification as well as a few other
issues.
- Sheriff dept visit to neighbor meeting
- I am not a lead
- The $300 annual grant from the City for our annual party and Rishi's emails. The City
needs to develop a communication hierarchy.
- Information from City, Sheriff's office and speakers, support of City with two grants and
staff support, Safety Captains who volunteered and neighbors.
- email, sheriffs reports, Saratoga city involvement,
- City provided tips, website.
- Getting the weekly Sheriff's report from the City is very helpful. Also, the email template
that I use makes it very easy to keep everyone informed.
- It is good to learn from the experience of others.
- we have our own website to keep everyone up to date.
- Google Groups,Nextdoor and Email.
- 13732 Saratoga Vista Ave
- Rishi Kumar sending info and things to do has been very helpful. He is basically driving
it with our help.
- Emails to group, going door to door, meetings with sheriff and city officials
52
- City support across the board
- The city’s willingness to put up NW signs.
- City Website explaining the program
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 emergency
- once a year
- once or twice a year.
- Hoping to meet quarterly, still in development phase
- Once a year.
- We communicate through HOA monthly newsletters and emails
- Only once so far! :-(
- Annually
- ?
- None
- Once a year
- since started in 2016, only two Block grps have gotten together in separate events (but
they each really enjoyed mtg together!). We have one safety mtg for whole neighborhood
coming up soon.
- 1st time will be this month, June, for the whole group.
- Hasnt
- about 1/year
- So far, this Sunday is the first time.
- One a year.
- 2 times a year
53
- just starting
- We have 2-3 block parties per year now as well as other annual events.
- Once per year.
- Only block captains meet once a year or more as needed.
- We try to get together at least twice a year.
- 2 times a year
- 2 or 3 times per year
- Just started so we have to orgaznize ourselves more formally
- twice a year
- Frequent email communications. Meetings once per year.
- Once in a year
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.
- Neighborhood social
- ?
- I don’t know
- Nothing yet
- Get to know each other potluck.
- Block group gatherings around pizza dinner, also safety info get-together w/house tour of
recently remodeled home 54
- None so far. No one has knocked on any doors or even let people that there was a
Harleigh GG to join. No one did anything except me, for Via Alto Ct. How do I know
this? I asked. Others told me they were surprised that there was such a group. Many
thanked me for giving them information. Half of them got Rishi's 25 tips, which is very
nice, the other half got 10 tips from the Sheriff. All people thanked me for the
information as well as an invite for the Harleigh GG.
- None
- social gathering
- This Sunday will be the first gathering. I believe it is a backyard gathering to meet
neighbors and have a short meeting with the sheriff dept
- Potluck
- Annual Spring Social in conjunction with SWCA, Fall Holiday events, speakers from
City/Sherriff.
- pot luck
- just starting
- Get togethers with the Sheriff, cookie parties, taco parties.
- Block party / pot luck.
- We have no overall neighborhood gatherings.
- A dinner with Block Captains at Saratoga restaurant to plan a Block Party in October as
well as to discuss our neighborhood safety.
- Block party
- Neighborhood meetings. Planning to have a block party soon.
- No formal gathering. Lot of informal meetups.
- meeting at my home and upcoming picnic
- Informal. Formal picnic planned for August.
- Neighborhood Yearly Party and Fire Safety programs
6. Are you aware of the City of Saratoga Neighborhood Watch Grant?
Responses:
Yes: 33
No: 7
No Response: 1
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
55
- 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.
- Use for signage and supplies for meeting
- Don't know.
- Camera at our entrance
- For zone mtg food supplies, printing fliers
- Towards security camera installation
- printing flyers, refreshments for gatherings
- Yes. Already turned it in. I did all the flyers and the 25 tips from my printer at home. So,
most was used for ink. Remaining were paper products & untensils for Via Alto Ct.
However, need to also pay for Gardner park for all of Allendale and for 3 parts of
Harleigh Dr. So, I'm in the negative.
- I don't know
- To pay for invitations and liability insurance as required by Argonaut school.
- To support events above.
- yes - still trying to find a painter to update all the street numbers - so fr 3 hve flaked out.
- We held a backyard get together with the Sheriff and City members.
- I do not believe our neighborhood has used the grant.
- We have not requested the grant yet.
- To plan a Block Party and a Dinner at a Saratoga restaurant with Block Captains to
discuss ways to enhance neighborhood safety.
- yes - still trying to find a painter to update all the street numbers - so fr 3 have flaked out.
- still looking. WE tried to put a camera on a pole but none of the agencies would allow us
to use their poles.
- To install a camera and for monitoring it
- to be used for upcoming picnic
- $ to be used for August get together. Still in the planning stage.
- no
7. How often do you communicate with your Neighborhood Watch members?
Responses:
Weekly: 4
Monthly: 3
Quarterly: 10
Other: 10
If you selected Other, please provide additional information.
- Have not communicated
- 6 months
- As needed
56
- 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
- Occasional announcement of suspicious activity or reminders to be vigilant
- Never
- None
- average once/month, but only when necessary; so sometimes more than once/month,
sometimes none/month
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.
- HOA newsletter and monthly Board meetings
- Mainly email
- Email
- ?
- None
- Email Google group
- Text, phone calls, face to face
- email group, larger area googlegroup
- Email to the Harleigh GG
- email, text
57
- I am not a lead
- Miljevich Google Group setup originally by Richi's interns.
- Google Groups email, flyers, SWCA publications.
- email
- we have walked newsletters door to door, we have a google group and an email
distribution list
- An email system.
- Email
- Our website
- Nextdoor Google Groups and email.
- I pass on what I get and the sheriffs reports
- email mostly. Once we distributed flyers.
- Email mostly. Sometimes informal gatherings
- email
- Email
- Google Group
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. 58
- 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.
- At least annual informational meetings and quarterly email communications. I would also
recommend that all neighbors sign up for NextDoor and show them how to set their
preferences so they get crime notices and not general "for sale" notices.
- ?
- Who are they? Where are they ?
- Have a block captains meeting. Everything takes longer than you think ;-)
- keep your coverage to about 100 homes, if possible - more than that is overwhelming for
one Watch Lead.
- Go door to door and introduce yourself with a badge from the City so that you are
legitimate. I also got a letter that I carried around and had to show periodically. The door
to door impresses them because you have gone out of your way to try and help them to be
strong neighborhoods. Also, someone needs to break up the large group so that a Block
Captain can manage. Group should be 14 or less homes. If there are oddities, like a few
homes on a drive joining a court, then I ask those few homes if it's OK before I do it.
Again, they appreciate.
- I am not a lead
- Try to get Block Captains, create a separate Google Group for them.
- Hold meetings to kick off with support of City/Sheriff/Council members, show data and
what is in it for them, hold meetings in person and have events, continually communicate
and share safety information.
- The more the merrier - find ways to get more people to meet and share. Learn who the at-
risk members of your neighborhood are and pay more attention to them.
- Make sure your neighbors know why you want to get their email address and phone
numbers. Make sure that data is not given to anyone else and/or used for any other
purpose.
- Have monthly meetings
- Everyone has to have some skin in the game.
- Contact Rishi Kumar meet with the local Sheriff Captain Urena and to study the City
Neighborhood Safety Watch website. Apply for the city Neighborhood Watch Grant to
execute a Block Party or print fliers announcing your Neighborhood Watch Program.
Take the Mr. Rogers Won't You Be My Neighbor approach.
- Find some other reason than not wanting to get robbed for getting together. That's a
negative- you need a positive
- Plan events to get people to meet each other.
- The more we meet the better.
- meet each neighborhood member one on one
- Stay small. 25-30 homes is manageable and allows neighbors to be involved in watching
each other’s homes.
59
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
- 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.
- Have captain set up a quarterly meeting for all leads for review.
- ?
- Engage
- Door to door canvassing, physical leaflets
- Know your neighbors. Don't be afraid to contact them if there are oddities. Pay attention.
- Keep trying, keep any messages/interactions positive, encourage continued get-togethers
- Let them know that they can post to the group, even if it's about coyotes coming out of a
creek in early evening so that the neighborhood knows. Let them know it's also their
forum to warn other members in that neighborhood. Via Alto has done this for years and
it works. We are now a force to reckon with. This is what I would like to see for all of
Harleigh.
- I am not a lead
- It's will be difficult to get volunteers to help. Expect to do most of the work yourself with
a few others to help.
60
- The same as above.
- Meet regularly, pay attention to homes for sale/rent so that you can meet the new
owners/tenants, communicate the name & contact information of the group leaders with
each communication.
- Try different things to see what works for you group. Have a cookie party around the
holiday, throw a pop-luck block party, have a backyard gathering and invite the Sheriff,
City Staff, the Mayor - find out what works and what is appreciated by your neighbors!
- Have monthly meetings, with a fun theme.
- Meet and find out what the issue is. Sometimes it requires going door-to-door. And some
people will simply not get involved.
- Plan Block Parties, Coordinate with Block Captains and Neighbors via Nextdoor.com and
Google Groups. Apply and use the Grant. Take the Mr. Rogers Won't You Be My
Neighbor approach.
- take time to re-invent a positive value to be shared- but many "neighborhoods" are not that
neighborly and most want to be left alone.
- Plan events to get people to meet each other.
- Share the load with others, keep your goals reasonable
- Reduce the size of the group.
- Talk to Neighbors about this program
61
CITY OF SARATOGA
Memorandum
To: Public Safety Task Force
From: Crystal Bothelio, Deputy City Manager
Date: July 26, 2018
Subject: Public Safety Task Force Transition Plan
At the March 2018 Work Plan Study Session, the City Council directed the Task Force to create a
transition plan that provides guidance and final recommendations for the City Council to consider
following after the sunset of the Task Force in November 2018.
The Task Force started discussing the Transition Plan at the June meeting. Some of the suggested
recommendations included:
- Maintain a body/group of people tasked with growing/maintaining Neighborhood Watch
(Jepsen)
- Establish the City as the only source of Neighborhood Watch messaging (Jepsen)
- Conduct the Safety Fair in future years (Jepsen)
To assist with discussion of the transition plan, staff provided some guiding questions that the Task
Force may consider. The Task Force’s work plan (including current progress towards achieving work
plan items) is also attached. After establishing consensus on the final recommendations for the City
Council, staff will begin drafting a transition plan for the Task Force to consider and finalize at future
meetings.
Guiding Questions:
1) What are the Task Force’s final recommendations to the City Council to enhance public safety
in the City of Saratoga?
2) Where should the City Council focus its efforts to continue improving public safety?
3) What are the key takeaways and lessons learned from the Task Force?
4) What has been the effectiveness of the Task Force’s efforts, including the programs, events,
activities, and initiatives in the Task Force’s work plan?
5) Should any of these efforts be continued on an ongoing basis after the sunset of the Task Force?
If so, are there any changes that should be considered in the future implementation of these
efforts?
6) Are there any new efforts that the City Council should consider after the sunset of the Task
Force in November 2018?
62
PUBLIC SAFETY TASK FORCE WORK PLAN
Approved by the City Council 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.
ACTION ITEMS IMPLEMENTATION PROGRESS
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.
Completed. The Task Force recommendations
included a safety button on the homepage, strong
search tool, and additional home protection
information on the website. The Task Force also
requested that the website include crime data in
response to feedback from the Neighborhood
Watch Lead Gathering in October 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.
In progress. The Task Force recommended
including a variety of safety information, such as
traffic safety information or areas of potential
congestion due to construction, and use of
mobile notifications to share safety information.
Per City Council direction, development of the
mobile app was placed on hold.
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.
Completed. In response to input from the
Neighborhood Watch Lead Gathering in October
2017, the Neighborhood Watch Newsletter
started getting emailed quarterly in January
2018. City Council authorized funding for
mailing a quarterly public safety postcard to
residents quarterly in December 2017. The first
quarterly postcard was sent in February 2018.
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
Completed. City Council authorized funding for
the Saratoga Safety Fair in December 2017 and
the event was held on May 20, 2018 at West
Valley College. At the May 2018 meeting, the
Task Force recommended holding the event
again in 2019 at the Joan Pisani Community
Center. 63
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
Completed. Gathering of Neighborhood Watch
leaders was held in October 2017. A gathering is
also planned for fall 2018.
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
In progress. The Task Force has identified areas
in the City without a Neighborhood Watch
group. Areas without Neighborhood Watch
groups will receive targeted outreach to
encourage residents to form new groups or join
nearby groups.
Additionally, a gathering of Neighborhood
Watch leads and CERT members was held on
April 21, 2018 to bring greater awareness to both
programs.
Since the Task Force’s first meeting in March
2017, the number of Neighborhood Watch
Groups registered with the City has grown from
41 to 68.
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
Completed. The Task Force and CERT
leadership held a joint meeting in February 2018
to discuss strategies for integrating
Neighborhood Watch and CERT. Additionally,
the Task Force hosted a Neighborhood Watch
and CERT gathering in April 2018 to introduce
members of both groups and encourage
collaboration.
D. Review process and guidelines for
forming Neighborhood Watch groups
Recommend changes to the City’s Neighborhood Watch
registration process, if necessary
Completed. The Task Force discussed and
reviewed the registration process and registration
materials. Recommended changes included
communicating the ease to register, providing
more support for newly forming groups, such as
assistance establishing boundaries. The Task
Force also recommended holding quarterly
introductory meetings for anyone interested in
learning more about Neighborhood Watch,
which will begin in July 2018. The Task Force
also created a Neighborhood Watch brochure. 64
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
Completed. The Task Force recommended that
the City Council require Neighborhood Watch
groups show proof of holding a social gathering
at least once a year to remain registered. In May
2018, the Task Force finalized a Neighborhood
Watch guide.
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
Completed. The Task Force reviewed various
public safety metrics and receives monthly
updates.
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)
Completed. The Task Force completed the
Neighborhood Watch survey in June 2018 and
reviewed the application and registration
process.
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.
In progress. The Task Force will begin drafting
the transition plan at the June 2018 meeting.
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.
In progress. The Task Force is scheduled to
discuss the measure at the June 2018 meeting
and tentatively scheduled to present its
recommendation to the City Council on
August 1, 2018.
65
CITY OF SARATOGA
Memorandum
To: Public Safety Task Force
From: Crystal Bothelio, Deputy City Manager
Date: July 26, 2018
Subject: Neighborhood Watch Lead Gathering
At the June Public Safety Task Force Meeting, the Task Force requested an item at the July meeting to
discuss a Neighborhood Watch Lead Gathering in the fall. The tables below shows availability of the
Joan Pisani Community Center Multipurpose Room and Saratoga Prospect Center Friendship Hall in
September, October, and November.
In addition to the date, time, and location of the gathering, the Task Force may want to consider the
format and focus of the event. At previous gatherings, attendees were asked to participate in small
group discussions and then report out key takeaways. Participants were provided with questions to help
guide discussion. During the first gathering in October 2017, discussion was primarily focused on the
benefits and challenges of Neighborhood Watch. The second gathering in April 2018, which included
CERT membership, was focused on collaboration between Neighborhood Watch and CERT.
Joan Pisani Community Center, Multipurpose Room Availability
Date Time
Mon., Sept. 10 3:00 p.m. – 9:00 p.m.
Mon., Sept. 17 3:00 p.m. – 9:00 p.m.
Tues., Sept. 18 3:00 p.m. – 9:00 p.m.
Thurs., Sept. 20 Anytime
Sun., Sept. 23 8:00 a.m. – 11:00 a.m.
Mon, Sept. 24 3:00 p.m. – 9:00 p.m.
Fri., Sept. 28 4:00 p.m. – 9:00 p.m.
Sun, Sept. 30 8:00 a.m. – 11:00 a.m.
Tues., Oct. 2 3:00 p.m. – 9:00 p.m.
Thurs., Oct. 4 2:00 p.m. – 9:00 p.m.
Fri., Oct. 5 4:00 p.m. – 9:00 p.m.
Sun., Oct. 7 8:00 a.m. – 11:00 a.m.
Thurs., Oct. 11 2:00 p.m. – 9:00 p.m.
Fri., Oct. 12 Anytime
Sun., Oct. 14 8:00 a.m. – 11:00 a.m.
66
Mon., Oct. 15 3:00 p.m. – 9:00 p.m.
Tues., Oct. 16 3:00 p.m. – 9:00 p.m.
Thurs., Oct. 18 2:00 p.m. – 9:00 p.m.
Sun., Oct. 21 8:00 a.m. – 11:00 a.m.
Mon., Oct. 22 3:00 p.m. – 9:00 p.m.
Fri., Oct. 26 4:00 p.m. – 9:00 p.m.
Sat., Oct. 27 3:00 p.m. – 9:00 p.m.
Sun., Oct. 28 8:00 a.m. – 11:00 a.m.
Mon., Oct. 29 3:00 p.m. – 9:00 p.m.
Thurs., Nov. 1 2:00 p.m. – 9:00 p.m.
Fri., Nov. 2 4:00 p.m. – 9:00 p.m.
Sun., Nov. 4 8:00 a.m. – 11:00 a.m.
Tues., Nov. 6 3:00 p.m. – 9:00 p.m.
Thurs., Nov. 8 2:00 p.m. – 9:00 p.m.
Fri., Nov. 9 4:00 p.m. – 9:00 p.m.
Tues., Nov. 13 3:00 p.m. – 9:00 p.m.
Thurs., Nov. 15 2:00 p.m. – 9:00 p.m.
Fri., Nov. 16 4:00 p.m. – 9:00 p.m.
Sun., Nov. 18 8:00 a.m. – 11:00 a.m.
Tues., Nov. 20 3:00 p.m. – 9:00 p.m.
Thurs., Nov. 29 2:00 p.m. – 9:00 p.m.
Fri., Nov. 30 4:00 p.m. – 9:00 p.m.
Saratoga Prospect Center, Friendship Hall Availability
Date Time
Sat., Sept. 8 12:00 p.m. – 9:00 p.m.
Sun., Sept. 9 8:00 a.m. – 12:00 p.m.
Sat., Sept. 22 12:00 p.m. – 9:00 p.m.
Sun., Sept. 23 8:00 a.m. – 12:00 p.m.
Sun., Sept. 30 8:00 a.m. – 12:00 p.m.
Sat., Oct. 13 12:00 p.m. – 9:00 p.m.
Sun., Oct. 14 8:00 a.m. – 12:00 p.m.
Sat., Oct. 20 12:00 p.m. – 9:00 p.m.
Sun., Oct. 28 8:00 a.m. – 12:00 p.m.
Sat., Nov. 3 12:00 p.m. – 9:00 p.m.
Sat., Nov. 17 12:00 p.m. – 9:00 p.m.
67