SO WE WILL START.
IT IS THE FIRST MY BEST MEMBER
SITTING OVER HERE TONY MARTA
IMAGE IF YOU DON'T HEAR.
SEE. WERE EXCELLENT.
WE HAVE FOUR ITEMS ON THE
CONSENT CALENDAR THREE.
THOSE SORRY THREE SB ONE ZERO
ZERO FIVE S. B. ELEVEN EIGHTY
FIVE NSP THANK YOU VERY MUCH OF.
CHAIR
AND MEMBERS.
YOU KNOW.
ONE OF THE UNFORTUNATE
CIRCUMSTANCES AND SOCIETY AND IF
YOU LOOK AT THE NUMBERS
DISTRICTS OF LATE. THAT THE
NUMBER OF FOLKS THAT ARE
MENTALLY ILL THAT ARE HELD IN
CUSTODY HAS JUST SKYROCKETED.
THEY SEEN THE NUMBERS IN YOUR
REPORT THIRTY PERCENT OF THE
PRISONERS CURRENTLY RECEIVE
TREATMENT FOR SERIOUS IS ORDER
OF INCREASED A HUNDRED AND FIFTY
PERCENT HUNDRED AND FIFTY
PERCENT. THAT PERSON BY PERSON
THE NUMBERS.IT'S WHAT WE'VE
LEARNED THAT
PROCESS IS THAT OUR.
UNDER THE COULD LAND IN SHORT
OR PET TO SHORT ACT WHAT HAPPENS
IS THAT THE WAY THE LAWS
CURRENTLY WRITTEN IF SOMEONE IS
IN A SAFE ENVIRONMENT AYE EKOS
DITTY. THERE OFTEN PUT AT THE
BACK OF THE LINE IS WHAT WE'RE
LOOKING IN THIS MEASURE IS TO
SAY AND WE KNOW THE FACTS WITH
THIS THIS IS SPONSORED BY THE
DISTRICT ATTORNEY IN LOS
ANGELES.
LET'S LET'S NOT LOOK AT THEIR AT
THEIR CUSTODY LET'S LOOK AT THE
ISSUE. ARE ARM OF THEIR SERIOUS
MENTAL CHALLENGES THAT THEY FACE
ALSO THE IMPACT ON COSTS ARE
SOMEWHAT EXTRAORDINARY IN TERMS
OF THE COMMUNITY COSTS OF
SERVICE THAT SERVICING THE. THE
AVERAGE PERSON IS TWENTY TWO
THOUSAND VERSUS SEVENTY THOUSAND
KEEP INCARCERATED SO AT EVERY
LEVEL OF PUBLIC POLICY.
IT'S A SMART AND RIGHT THING TO
DO.
WE'VE GOT A COUPLE WITNESSES
HERE TODAY ONE FROM. A. DISTRICT
ATTORNEY LEASES OFFICE TRACY
WHITNEY.
I AS WELL AS ITS PROVINCES OUT
HERE SO.
.
WE'VE GOT TO. OUR USUAL SUSPECTS
HERE. WE WILL LET WITH A
LIGHTNESS IS BEGIN TO GO AHEAD.
MONTRE MEMBERS DANVILLE'S OUT ON
BEHALF OF THE LOS ANGELES COUNTY
DISTRICT ATTORNEY'S OFFICE WE
ARE THE SPONSOR. OF THIS BILL
OF.
THERE IS A POLICY IT'S NOT THE
THAT THE CENTER LIEU TO THE
TALKS ABOUT IF YOU'RE IN A SAFE
AND SECURE ENVIRONMENT.
YOU ARE DEEMED TO FALL TO THE
BOTTOM OF THE LIST FOR
EVALUATION FOREIGN LPS COULD.
THIS POLICY WAS SET UP FIFTY
YEARS AGO FIFTY YEARS AGO IF YOU
WANT TO COUNTY JAIL ON THIS AND
YOU'RE GOING TO BE RELEASED ON
NOVEMBER TWELFTH. YOU ARE LIKELY
GOING TO BE RELEASED ON NOVEMBER
TWELFTH TODAY THAT IS NOT THE
CASE.
WE HAVE INDIVIDUALS WHO ARE IN
CUSTODY LA THEM PRE TRIAL.
INDIVIDUALS WHO CAN'T MAKE BAIL.
BUT BECAUSE OF THEIR.
MENTAL AND PHYSICAL CONDITION.
JUDGES ARE RELUCTANT TO ALL OUR.
AND SO THEY LANGUISH IN THE
COUNTY JAIL.
IF WE CAN GET THESE INDIVIDUALS
EVALUATED AND IF. NECESSARY
CONSERVE.
THAT FREQUENTLY CAN LEAD US TO.
ACTUALLY DROPPING THE CRIMINAL
CASE AGAINST THEM.
AND GETTING THEM INTO THE
TREATMENT THESE PEOPLE DON'T
NEED TO BE AND
JAIL THE LAW.
INDIVIDUALS REMAINING COUNTY
JAIL THE GREATER THE LIKELIHOOD
THAT DON'T CONNECT. TO DE
COMPENSATE
IF THEY'D DE COMPENSATE ENOUGH
THE LIKELIHOOD THAT THEY BECOME
A VIOLENT OFFENDER. OF GREATLY
INCREASES WE WANT TO STOP THAT
WE WANT TO MAKE SURE THAT ALL
INDIVIDUALS WHETHER YOU'RE IN
BECAUSE HERE OUT BECAUSE WE.
HAVE THE SAME OPPORTUNITY TO BE
EVALUATED FOR A GUARDIANSHIP IF
NECESSARY ACHIEVEMENT
CONSERVATORSHIP IF NECESSARY.
NEXT WITNESS.
GOOD MORNING MY NAME IS TRACY
WHITNEY AND I'M A DEPUTY
DISTRICT ATTORNEY WITH LOS
ANGELES COUNTY DISTRICT
ATTORNEY'S OFFICE AND I'M
ASSIGNED AS THE MENTAL HEALTH
LIAISON FOR THE DISTRICT
ATTORNEY'S OFFICE.
WHICH IS THE NEWLY CREATED
POSITION IT MEANS THAT MY FULL
TIME JOB IS TO WORK ON WAYS TO
HAVE APPROPRIATE MENTAL HEALTH
DIVERSION WITHIN THE COUNTY OF
LOS ANGELES. AND AS PART OF THAT
LARGER MISSION GIVEN TO ME BY
THE DISTRICT ATTORNEY THE
SUBJECT OF THESE CONSERVATORSHIP
CAME TO LIGHT. AND I THOUGHT
THAT I WOULD GIVE YOU AN EXAMPLE
BASED ON ONE WEEK OF SOMETHING
THAT HAPPENED IN LOS ANGELES OF
WHY THE BILL IS SO IMPORTANT AND
HOW THE IDEA CAME TO BE
CONCEIVED. WE HAD AN UNUSUAL
COLD SPELL IN LA AND IT DROPPED
INTO THE THIRTIES AND ON THE
NEWS THE NEWS CASTERS WERE
SAYING BE SURE TO KEEP YOUR PETS
INSIDE BECAUSE IT'S VERY COLD
AND YOU KNOW YOU DON'T WANT ANY
HARM TO COME TO THEM. AND I GOT
A PHONE CALL FROM ONE OF THE
COMMUNITY CASE WORKERS THAT ONE
OF HIS FOLKS HAD BEEN
UNEXPECTEDLY RELEASED FROM THE
COUNTY JAIL. AND WAS HOMELESS
AND HE DIDN'T KNOW HER
WHEREABOUTS AND HE SAID THAT SHE
WAS REFUSING TO WEAR HER SHOES
AND HAD BEEN BAREFOOT. AND WE
WERE ALL VERY CONCERNED ABOUT
THE IDEA OF THIS POOR LADY
WANDERING AROUND WITHOUT ANY
SHOES ON IN THIS REALLY COLD
WEATHER. AND SO AFTER THIS
REALLY TROUBLING PHONE CALL I
HUNG UP AND I GOT ANOTHER PHONE
CALL FROM A FAMILY MEMBER. WHO
HAD THE EXACT SAME THING I
THOUGHT WELL IT'S GOT TO BE THE
SAME PERSON ONE OF THE CHANCES
BUT UNFORTUNATELY IT WASN'T THE
SAME PERSON? SO THAT'S HOW
COMMON THESE ISSUES ARE WHERE IN
A CRIMINAL CASE YOU DON'T
NECESSARILY KNOW WITH ANY
CERTAINTY WHEN A PERSON IS
RELEASED. IF YOU HAVE A
PRELIMINARY HEARING OR SOME
OTHER COURT HEARING SCHEDULED IN
YOU OF A CLERICAL ISSUING
SUBPOENAS DON'T COME OUT.
A CASE MAY SUDDENLY BE DISMISSED
AND THE PERSON WILL BE RELEASED
FROM THE COURTHOUSE RIGHT THEN
AND THERE YOU KNOW FROM.
FROM THE SITE AND. I DON'T KNOW
WHICH IS WORSE THE IDEA OF THE
FOLKS BEING STUCK IN CUSTODY FOR
REALLY LONG PERIODS OF TIME.
WITHOUT OF BEING APPROPRIATELY
EVALUATED FOR ALL OF THEIR
OPTIONS INCLUDING POTENTIAL
CONSERVATORSHIP OR THE IDEA THAT
THE OPPOSITE WOULD HAPPEN IN THE
UNEXPECTEDLY GET RELEASED AND
THEN THEY FALL BETWEEN THE
CRACKS AND HAVE NEVER BEEN
APPROPRIATELY EVALUATED FOR
CONSERVATORSHIP AND OTHER TYPES.
SO.
THE REVERSE IS EQUALLY TRUE I
RECEIVED A VERY SAD PHONE CALL
FROM A MOTHER OF A YOUNG MAN.
WHO HAD BEEN?
IN THE ORANGE COUNTY JAIL FOR
FOUR MONTHS ON A MISDEMEANOR AND
HE WAS NOT EVALUATED FOR
CONSERVATORSHIP SERVICES DURING
THAT TIME. AND WHEN HE GOT OUT
HE HAD BEEN PUT ON A TRAIN TO
SAN BERNARDINO COUNTY WHICH IS
ANOTHER COMMON PRACTICE. OF
COMMON TO FOLKS WITH MENTAL
ILLNESSES THAT FOLKS WILL TAKE
THEM AND PUT THEM ON TRAINS AND
TRY TO SHIP OUT THE PROBLEM TO
ANOTHER COUNTY.
AND.
EVENTUALLY A A DAY OR TWO LATER
HE WAS RELEASED AND I DID WANT
ARE HOMELESS AND TOOK HIS OWN
LIFE. SO THESE ARE EXTREMELY
TIMELY AND IMPORTANT ISSUES AND
I ASK OF THIS COMMITTEE TO VOTE
YES ON THIS IMPORTANT BILL.
THANK YOU WE'RE GONNA O. SINCE
REFORM WE'RE GONNA ESTABLISHES
NOW AND HAVE A ROLL CALL.
SKINNER YOUR INNER HERE
ANDERSON.
BRADFORD. BRADFORD HERE DANCE
JACKSON. JACKSON HERE MITCHELL.
MITCHELL HERE STONE.
DOWN HERE WIENER.
ALRIGHT SO WE'LL HEAR NOW FROM
THE OTHER WITNESSES AND SUPPORT
YOUR NAME AND.
.
FILIATION LANGLEY FROM THE
COUNTY OF YELLOW IN SUPPORT.
JOHN OFTEN WITH CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION
SUPPORT.
THE MORNING BRENDA NEVER THE LOS
ANGELES COUNTY SHERIFF'S
DEPARTMENT SUPPORT.
ONE MAN CHAIR RANGER WITH THE
RIVERSIDE SHERIFF'S ASSOCIATION
SUPPORT.
GOOD MORNING GAIL STORE WITH THE
SAN DIEGO COUNTY DISTRICT
ATTORNEY'S OFFICE IN SUPPORT.
MORNINGS DEMENTIA* ON BEHALF
OF THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES IN
SUPPORT.
YOUR MEMBERS TO IN PUBLIC FOR
THE JUDICIAL COUNCIL WE DO NOT
HAVE AN OFFICIAL POSITION WE HAD
SOME CONCERNS WITH INTRODUCED.
VERSION OF THE BILL I'M HAPPY TO
SAY WE WORKED WITH THE AUTHOR
SPONSORING COMMITTEE STAFF ON
AMENDMENTS THAT ZERO IN A LITTLE
BIT MORE SPECIFICALLY ON THE
SCHEDULING ISSUE THAT THEY WERE
CONCERNED ABOUT.
AND WITH THAT WE REMOVE OUR
CONCERTS.
THANK YOU ARE THERE ANY OTHER
WITNESSES IN SUPPORT.
WITNESSES IN OPPOSITION.
ALRIGHT SEEING NINE.
.
SENATOR STONE MARTY MINIATURE
GOING MEMBERS.
SYNERGY GROWN I THINK THE BILL
IS A.
VERY NOBLE ONE.
CERTAINLY IN OUR COUNTY.
BUT MY QUESTION FOR YOU DAN IS
AT. THE LA COUNTY CUT TEN
MILLION PEOPLE AND YOU HAVE.
.
A LARGE NUMBER OF PEOPLE THAT
ARE IN JAIL SHOULD THIS BE COME
LAW WHICH I HOPE THAT IT DOES
BECAUSE I THINK THESE PEOPLE
NEED TO GET THE APPROPRIATE.
CONSERVATORSHIP TO GET THEM OUT
OF.
JAIL. YOU HAVE THE MANPOWER TO.
MAKE SURE THESE EVALUATIONS ARE
DONE EARLIER TO GET IN THE
BENEFIT OF GETTING OUT OF JAIL
EARLY IF
THE CHAIR WILL THAT BE ANSWERED.
YES YOU MAY ANSWER.
A.
SINCE THROUGH THE CHAIR ABOVE.
NOTHING IN OUR BILL REQUIRES
EXTRA THE VALUATIONS TO BE DONE
PUBLIC GUARDIANS OF THE JUDICIAL
COUNCIL.
THERE ARE LIMITED BUDGETS.
AND SO WE'RE NOT THIS BILL
WOULDN'T REQUIRE THE PUBLIC
GUARDIAN TO DO.
AT A SINGLE EXTRA VALUATION WAS
ARE ALREADY. WELL IT'S IT'S IT'S
REALLY DESIGNED FOR.
WHEN YOU HAVE AN INDIVIDUAL WHO
IS IN CUSTODY AND THEIR NAME
COMES UP ON THE LIST.
RIGHT NOW THEY'RE ALMOST ALWAYS
SKIPPED.
BUT THIS BILL WILL DO IS SAY
THAT INDIVIDUAL NO LONGER
SKIPPED THEY WOULD BE EVALUATED.
JUST THE SAME WAY THAT ANNIE
BUDDY WHO IS OUT OF CUSTODY IN A
MEDICAL FACILITY WHAT WHAT EVER
THE CIRCUMSTANCE MAYBE. IT'S
JUST UNFAIR FOR THAT GROUP OF
INDIVIDUALS WHO ARE SOME OF THE
PEOPLE IN MOST NEED. OF A OF
TREATMENT OF PROGRAMMING THAT
THERE UNNECESSARILY SKIPPED
OVER.
THAT'S COLLUDED EARLIER
INTERVENTION ALWAYS SIGNAL USING
THE EXCUSE THAT BECAUSE THEY'RE
IN JAIL THAT THERE.
SAFE.
BUT YOU THINK THAT.
UNDERSTANDING THAT THIS IS THE
KIND OF OPTIONAL.
PRIORITIZATION YOU THINK YOU
HAVE THE RESOURCES AND LA COUNTY
TO ACCOMMODATE WHICH YOU FEEL TO
BE THE NEED.
I BELIEVE THAT WOULD WE
CERTAINLY IN LA YOU HAVE THE
ABILITY AND. BECAUSE WE'RE NOT
REQUIRING EXTRA. BRING LOVE.
I THINK EVERY COUNTY WOULD BE
ABLE TO DO THIS BECAUSE IF THEY
WERE GONNA EVALUATE ME.
BUT THEN THEY SKIP BECAUSE I'M.
YEAH YOU KNOW IN CUSTODY NOW
THEY WOULD JUST.
YEAH DO MY EVALUATION THE SAME
WAY AS OUR MAILBOXES. THANK YOU
THOSE CENTERS PROVIDE BE
DELIGHTED TO BE A CO AUTHOR OF
THE BILL AND BE HAPPY TO MOVE
THE BILL.
SO MUCH LIKE SESSION SENATOR
JACKSON'S.
BUT THANK YOU VERY MUCH.
WE KNOW THE COURT SYSTEM IS
COMPLETELY.
UNDER.
WATER.
AND I SUSPECT THAT'S PART OF THE
REASON THAT WE'VE HAD THIS ISSUE
WITH CONSERVATIVE SHIPS.
THE PROBATE COURT SIR.
FEW AND FAR BETWEEN IN THERE
OVER. WORKED IN PUBLIC GUARDIANS
AND CONSERVATIVES SIR.
YEAH I JUST ALSO EQUALLY OVER
WORK.
THEORETICALLY THIS AB MAKES AN
AYE I DON'T THINK ANYONE CAN.
CHALLENGE THE LOGIC OF IT BUT MY
CONCERN IS IT AND AS WAS POINTED
OUT.
APART A PROBLEM IS WHEN PEOPLE
ARE IN CUSTODY THEY'RE NOT GONNA
GO OUT IN THE STREET. AND OF BE
SURE LISTEN THIRTY DEGREE
WEATHER OR POTENTIALLY PUT
THEMSELVES IN HARM'S WAY SO.
OUR THE QUESTION COMES WHICH IS
WORSE YOU YOU MENTION THAT IT
ARE THE IN THE LIESER CUSTODY
THEY GET THREE SQUARES IN A CART
I THINK WAS SOME OF THE LANGUAGE
YOU USE WITH PEOPLE WHO HAVE.
MENTAL HEALTH ISSUES IN
PARTICULAR AND HOMELESS ISSUES
ARM.
SO I THOUGHT I'M GOING TO
SUPPORT THE BILL BUT I'M
CONCERNED BECAUSE IT SEEMS TO ME
THAT.
THAT THERE MAY BE A BIAS ABOUT.
DOING THESE ANALYSES ON PEOPLE
IN CUSTODY FOR JUST THAT REASON
WILL TAKE CARE OF THEM AS SOON
AS WE CAN WE'RE GOING TO DO WITH
THE PEOPLE WHO ARE. NOT IN
CUSTODY NOW IN SO THAT THEY SKIP
OVER THE PEOPLE IN JAIL LIKE I
THAT'S MY SENSE.
BUT I ALSO SUSPECT THAT IT IS A
M. A PEOPLE POWER STAFFING
ISSUES WELL WITH ALL DUE RESPECT
THERE AND PROBABLY MOST THE
PEOPLE HERE AREN'T MANPOWER
THERE WOMAN POWER BUT. WILL DO
THE GENDER NEUTRAL WILL COLLEGES
SO I I I WOULD APPRECIATE A
RESPONSE TO THAT IS THERE. A IN
A EN LA COUNTY CAME IN AND AS
WAS MENTIONED THERE TEN MILLION
PEOPLE IN LA COUNTY THIS AND WE
KNOW THE HOMELESS POPULATION
THERE IS. I UP TO IT SEVENTY
THOUSAND A HUGE PROBLEM AND IT'S
A HUGE PROBLEM EVERYWHERE. IN MY
LITTLE COUNTY THERE'S THE SAME.
ISSUES ABOUT PEOPLE WHO PROBABLY
NEED TO BE CONSERVED THAT ARE
OUT IN THE STREETS AND. PUTTING
THEMSELVES AND OTHERS IN
JEOPARDY BUT.
WHILE WE TRY Y. WERE TRYING TO
GO AHEAD AND DO THIS IS THERE
GOING TO BE THE ABILITY TO DO IT
OR ARE WE GOING TO BE
SACRIFICING CERTAIN PEOPLE. FOR
OTHER PEOPLE AND IN WEIGHING THE
BALANCE WHICH IS WORSE.
SO IF IF YOU COULD JUST RESPOND
TO THAT I APPRECIATED FO. THEIR
JACKSON GOVERNOR BROWN IS YOUR
MARK HOUGHTON SEVENTY SEVEN
MILLION DOLLARS IN THIS BUDGET.
BUT TO EXPAND THE NUMBER OF
TREATMENT BEDS AND MENTAL HEALTH
PROGRAMS FROM THE AIR MENTALLY
ILL FOLKS FOUND BE INCOMPETENT
STAND TRIAL.
WE ALSO KNOW THAT THE COST OF
INCARCERATING A PERSON IS ABOUT
SEVENTY THOUSAND WE KNOW THE
COST OF PROVIDING TREATMENT.
INDIVIDUALS ABOUT TWENTY TWO
THOUSAND.
SO WHAT YOU'RE LOOKING TO HEAR
IS A A HUMANE APPROACH TO TO TO
ALL PEOPLE WE ESTABLISHED
SYSTEMS OF GOVERNMENT THE UP
THEORY BEHIND OUR SYSTEMS
GOVERNMENT AS WE TREAT PEOPLE
FAIRLY AND WITH JUSTICE. AND WE
ALSO KNOW THAT THE AVERAGE
PERSON WAS A MENTAL ILLNESS
PROBLEM HAS THERE'S A CHANCE OF
REDUCE EVEN TWELVE PERCENT
LONGER TERM. TO THE EARLIER
INTERVENTION TAKING HIM OUT OF
THAT ENVIRONMENT COSTING LESS
MONEY THE GOVERNMENT FAIR TO
THEM AND TO THE SYSTEM IS A
BETTER THING AND WHAT WE DO HERE
IN THIS PROCESS IN THE REASON
WHY I ACCEPTED THIS BILL FROM.
THAT JUST RETURNING LACI AND
THOUGHT IT WAS A SMART IDEA IS
JUST ANOTHER PLACE WOULD BE
ATTENTION TO
RETAIL AND WE FIND OUT WE MADE
MISTAKES AND BECAUSE THESE
PEOPLE ARE BEING PUSHED TO THE
BACK OF THE LINE WE CAN FACT.
COST LESS MONEY MARRIED WITH THE
GOVERNOR'S IT ADDITIONAL DOLLARS
AVAILABLE AND ALSO BE FAIR AND
APPROPRIATE TO PEOPLE WHICH
WHICH IS WHAT'S HAPPENING IN THE
SYSTEM AND HOW WE JUST TREAT
PEOPLE LIKE NUMBERS RATHER THAN
INDIVIDUALS AND TAKING CARE OF.
I IF I MAY LIKE I COULD AGREE
WITH YOU MORE HERE'S THE
PROBLEM.
SEVENTY THOUSAND DOLLARS TO
INCARCERATE VERSUS TWENTY TWO.
SO WE WOULD THINK THAT BY BY
REMOVING PEOPLE FROM THIS
EXTRAORDINARILY EXPENSIVE SYSTEM
OF INCARCERATION THAT HAS FAILED
THEM WE ALL I THINK THAT FAIRLY
WELL AGREE WITH THAT. THAT MONEY
ISN'T COMING THROUGH.
AND AB IS SO.
WE HAVE FOR FAR FEWER PEOPLE NOW
PRISON AND YET THE SAVINGS THE
AMOUNT OF MONEY AVAILABLE TO DO
THIS TREATMENT WHICH WE ALL
BELIEVE IS NECESSARY AND
APPROPRIATE. IS JUST SIMPLY
STILL NOT THERE AND.
AND I YOU KNOW I WOULD LIKE TO
SEE THE A COMMENSURATE
REDUCTION.
IN OUR PRISON BUDGETS TO
REFLECT THE FEWER NUMBERS OF
PEOPLE INCARCERATED YET WE'RE
NOT REALLY SEEING THAT SO.
WHILE AT THE SAME TIME.
HAVE IT ADDING A HUNDRED SEVENTY
SEVEN MILLION IS HELPFUL IS FROM
THAT MONEY ALSO GOING. TO
INCREASE THE AVAILABILITY OF
COURTROOMS TO HAVE THESE UP
PROCEEDINGS HEARD ARE WE SEEING
A MINUTE INTERVENE YOU YOU MAY
FINISH BONE. HAVE A RESPONSE
KEIKO HAD
IT'S IT'S YOU MAYOR THE CHAIR
MADAM CHAIR BUT I THINK THAT
THIS IS PART OF THE DISCUSSION
WE NEED TO HAVE AND I HAVE THIS
DISCUSSION AT THE PUBLIC SAFETY
BUDGET COMMITTEE BUT PLEASE I I
UNDERSTAND. THAT THE THEORY IS A
AN EMINENTLY GOOD ONE.
BUT THEN YOU ARE LEFT IN THE
REASON I BRING THIS UP MADAM
CHAIR RATHER THAN IT FISCAL
COMMITTEE IS PART OF THE
QUESTION IS WHICH IS WORSE.
WE'RE NOT TALKING ABOUT YOU KNOW
IF WE WERE TALKING ABOUT THE
IDEAL AND WHAT WE SHOULD BE
DOING. BUT WE'RE STILL TALKING
ABOUT THE LESSER TRYING TO
BALANCE WHAT IS THE LESSER OF IF
YOU WILL THE TWO EVILS AND AGAIN
I'M NOT. AYE AYE SUPPORT THIS
BUT I THINK WE HAVE TO KEEP THAT
IN MIND AS WE BRING THIS
IMPORTANT LEGISLATION FORWARD AS
WELL THANK YOU MADAM CHAIR
CERTAINLY AND I WILL.
.
OPINED ON YOUR QUESTION IT IS
WORSE TO PUT THEM IN PRISON AND
THE REASON IT IS WORSE IS
BECAUSE IF WE HAVE ANY HOPE OF
SEEING ANY. REDUCTIONS IN OUR
PRISON BUDGET WE MUST GET THE
POPULATION DOWN IF WE GET THE
POPULATION DOWN WE MAY HAVE THE.
OPPORTUNITY TO CLOSE A PERSON
ONCE WE CLOSE TO PRISON THEN WE
MIGHT SEE SOME GENERAL FUND
RELIEF THAT WOULD ENABLE US TO
MORE PROPERLY FIND. EITHER OUR
COURTS WORK OUR AND MENTAL
HEALTH TREATMENT BUT RIGHT NOW
TO HAVE OUR JAILS IN OUR PRISONS
BE IN EFFECT OR MENTAL HEALTH
INSTITUTIONS IS NOT APPROPRIATE.
AND UNTIL WE DO SOMETHING ELSE
THEY WILL CONTINUE TO BE SO IS
WHY I'VE RECOMMENDED AND I. AND
IT'S A DO PASSED TO THE FLOORING
CAN ENTERTAIN A MOTION.
STORY.
IT SAYS HE PASSED TO THE FLOOR.
.
SENATOR HURTS PRETTY CLOSE THINK
WE GOT I THINK I'D BE PASSED A
LITTLE MUCH.
THANK YOU MEMBERS KEPT.
MY CORRECT IS HOW DO YOU TEST
FULLER THINK YOU CAN WE HAVE A
ROLL CALL.
HE PASSED TO THE FLOOR SKINNER.
BY AYE ANDERSON BRADFORD.
BRADFORD AYE JACKSON AYE JACKSON
AYE MITCHELL. MITCHELL AYE
STONE.
DON'T AYE WIENER AYE WIENER AYE.
FILLS OUT.
WE WILL NOW GO TO DO SO MUCH
YOU'RE WELCOME S. B.. ELEVEN NO
SIX SENATOR HILL.
THANK YOU MADAM CHAIR.
GOOD MORNING AND GOOD MORNING
COLLEAGUES S. B. ELEVEN NO SIX
EXTENDS AN EXISTING PILOT
PROJECT CREATED BY S. B. ELEVEN
OH FOUR IN TWENTY SIXTEEN WHICH
INTENDS TO HELP IMPROVE THE
OUTCOMES. OF YOUNG ADULTS WHO
COME INTO CONTACT WITH THE
JUSTICE SYSTEM
THIS BE ELEVEN OH FOUR UNTIL FOR
PRIVATE PROGRAMS CURRENTLY
UNDERWAY HOWEVER THE EXISTING
SUNSET DATEIS JANUARY FIRST
TWENTY TWENTY. ONCE THE BILL WAS
ENACTED THERE WERE PROCESS IS
COMPLETED BY THE BOARD OF
STAVING COMMUNITY CORRECTIONS TO
CERTIFY THE PROGRAMS FOR
COMPLIANCE WITH STATE AND
FEDERAL REQUIREMENTS.
FURTHER THERE WERE EFFORTS TO
ESTABLISH THE COUNTY MULTI
DISCIPLINARY TEAM DEVELOP
CRITERIA FOR THE PROGRAM AND
COORDINATE WITH LOCAL
STAKEHOLDERS.
AS A RESULT OF THIS THOROUGH
IMPLEMENTATION PROCESS THE
PROGRAMS WERE NOT FULLY IN
OPERATIONAL BY THE ENACTMENT
DATE IN FACT. ALAMEDA'S PROGRAM
JUST BECAME OPERATIONAL ON
JANUARY FIRST OF THIS YEAR
BECAUSE THE PILOT PROGRAM
REQUIRES AN EVALUATION
CONDUCTED ON THE PROGRAM AND ITS
EFFECTIVENESS.
IT'S IMPORTANT TO SUNSET THE
SUNSET DATE THE EXTENDED TO
JANUARY FIRST TWENTY TWENTY TWO
THIS EXTENSION WILL HELP ACCOUNT
FOR THE IMPLEMENTATION TIME AT
THE BEGINNING OF THE PILOT. AS
WELL AS AUTHORIZED THE PROGRAM
TO OPERATE FOR A LENGTH OF TIME
THAT DELIVERS THE MOST
COMPREHENSIVE IN EVIDENCE BASED
EVALUATION. ADDITIONALLY BY
ADDING VENTURA COUNTY TO THE
PROGRAM IT WILL ADD TO THE DAY
THAT DATA SET AND PROVIDE
VALUABLE INFORMATION. I WOULDN'T
SUPPORT.
THEY CAN MANAGER. GOOD MORNING
MADAM CHAIR MEMBERS DANIEL
SANCHEZ ON BEHALF OF THE CHIEF
PROBATION OFFICERS OF CALIFORNIA
AND HERE IN STRONG SUPPORT ON
THIS REALLY WAS BORN OUT OF AYE
AYE ADOLESCENT BRAIN RESEARCH
AND LOOKING AT HOW BEST CAN WE
SERVE THOSE YOUNG ADULTS.
EIGHTEEN TO TWENTY ONE WHO ARE
CONTINUING TO DEVELOP
AND BY NATURE OF THEIR CRYING
WOULD HAVE.
ENDED UP IN COUNTY JAIL WE WANT
TO FOCUS ON AGE APPROPRIATE
INTERVENTIONS INTENSIVE SERVICES
FOR THEM
AND SO THIS IS STRUCTURED IN A
WAY THAT.
PART OF THEIR TIME THAT THEY
WOULD HAVE OTHERWISE SERVED IN
COUNTY JAIL THEY WOULD BE
JUVENILE HALL.
I'M I WILL KNOW THAT WHAT'S
HAPPENING IN PRACTICE IS
ACTUALLY A MUCH SHORTER TIME IN
THE HALL MAYBE A MONTH OR TWO
FOLLOWED BY RE ENTRY SERVICES.
ASSISTANCE WITH EMPLOYMENT AND
HOUSING SO THE FOCUS ISN'T ON
THAT WHOLE TIME BEING IN THE
HALL.
BUT A COMPONENT OF THAT
FOLLOWED AGAIN BY THE COMMUNITY
REENTRY.
EXTENDING THE SUN SIDE AND THEN
OF COURSE OUT IN VENTURA COUNTY.
WE SEE AS AS I I KIND OFA TWO
FOLD WAY TO ENSURE WERE GETTING
ROAD ROBUST ODD DOT EVALUATION
RETURNS WERE BEEN WORKING VERY
HARD WITH THEIR BOARD OF
SUPERVISORS STARCHY PROBATION
OFFICER. SHERIFF DE A PUBLIC
DEFENDER AND COMMUNITY
STAKEHOLDERS AND.
ALL AROUND BOARD IN AND SAT
LOOKING FOR ELECTED TO GETTING
THIS PROGRAM UP AND RUNNING I'M
I WILL JUST NOTED THAT BILL DOES
IT MAKE ANY PROGRAMMATIC CHANGES
SO THAT IMPORTANT PIECES OF THE
BILL THAT. REQUIRED THE
DEFENDANT'S I'M CONSENT OUT TO
PARTICIPATE REMAINS INTACT.
IT'S STILL A DJ PROGRAM SO THE
PERSON WOULD HAVE THE CHARGES
DISMISSED UPON.
SUCCESSFUL COMPLETION OF THE
PROGRAM WHICH WE THINK IS AN
IMPORTANT PIECE ON IT AGAIN THE
REENTRY.
COMPONENT AS WELL SO FOR THOSE
REASONS WE ASK FOR YOUR SUPPORT
TODAY.
ANY OTHER WITNESSES IN SUPPORT.
GOOD MORNING MADAM CHAIR AND
MEMBERS ELIZABETH ESPINOSA ON
BEHALF OF THE VENTURA COUNTY
BOARD OF SUPERVISORS ALSO AND
SUPPORT THIS MORNING THANK YOU.
MANY OTHER WITNESSES IN SUPPORT.
TING NINE WITNESSES IN
OPPOSITION FEW WANT TO COME TO
THE TABLE PLEASE.
YOU MAY PROCEED.
TURN.
OKAY THANK YOU BRAINWASHING WITH
THE CENTER ON JUVENILE AND
CRIMINAL JUSTICE.
OUR CONCERNS WITH SB ELEVEN NO
SIX ARE TWO FOLD SO FIRST.
WE'RE CONCERNED THAT THE
PROPOSED EXPANSION OF THIS
PROGRAM.
IS PROBLEMATIC GIVEN THAT IT'S
YET TO BE EVALUATED. AND
EXPANDING THE PILOT WITHOUT
KNOWING IF IT'S MEETING ITS
BASIC OBLIGATIONS.
IT RENEGES ON THE PROMISE OF A
LIMITED TERM APPROACH THAT'S
ROOTED IN OUTCOMES WHICH WAS THE
PROMISE OF SP.
SEC AT TEN OO FOR.
AND WE ARE ALSO CONCERNED THAT
THE SETS
A TROUBLING PRECEDENT BY
RESOURCING CONFINEMENT AT A TIME
OF RECORD LOW POPULATIONS THANK
YOU.
IT'S MY UNDERSTANDING THAT THE.
WHILE THE BILL. THE ORIGINAL
BILL ESTABLISHING THIS TIME WAS
PASSED SOMETIME AGO THE PILOTS
ARE ONLY JUST BEGINNING SO.
YOUR POINT ABOUT THE EXPANSION
IS ACCURATE IN YET.
.
BECAUSE IT'S REALLY JUST AT THE
INITIAL PHASE.
IT ALLOWS FOR THE ADDITION OF
THE OTHER COUNTY AND AND THE
ABILITY TO EVALUATE ALL IN
EFFECT ON EQUAL BASIS BECAUSE
THEY'LL ALL. IN.
.
HAVE.
COMPLETED THE SAME AMOUNT OF THE
THE LAW OF BEEN UNDER WAY PRETTY
MUCH THE SAME PERIOD OF TIME.
AND BECAUSE THEY HAD REALLY
STARTED.
THE EVALUATION COULD BE DONE AT
THIS POINT.
SO WE DID CONSIDER THAT IN.
.
IN THE OUR RECOMMENDATION FOR
THE BILL THAT AS SENATOR
MITCHELL GO AHEAD. IF YOU VERY
MUCH I DID SUPPORT THE RITUAL
VILLAIN IN SIXTEEN I APPRECIATE
YOUR COMMENTS MADAM CHAIR BUT
DOES THIS BILL HAVE A SUNSET OR
WILL WE CONTINUE TO NOT OUT
EVALUATION AND JESS.
IT'S SIMPLY YES HILLARY FIRST
TWENTY TWENTY TWO AND IS YOUR
EXPECTATION ABOUT WHEN THE WHEN
THE.
EVALUATION WILL BE DONE WILL BE
BEFORE THE.
OR.
BE THAT AS IT WAS THE BILL
SILENT ON THAT.
I THINK THAT'S THE GOAL.
IT SOON THE EVALUATION WILL BE
COMPLETED BEFORE THAT BUT BUT
THE BILL DOES IT. DOESN'T
SPECIFICALLY SAY THAT THANK YOU.
WE'RE CHECKING ON THAT RIGHT
NOW.
YEAH NO NO IT'S A GOOD POINT IN
MAY BE THAT WE WOULD.
.
ONE RECOMMENDED AS IT MOVES TO
MAKE SURE THAT THE EVALUATION IS
SET PUT IN AS A TIME CERTAIN.
THAT MAY SPEAK TO THAT THE US
ATTORNEY'S.
BUT I WOULD JUST NOTE THAT WE
ARE WORKING CURRENTLY WITH THE
POOREST IN COMMUNITY CORRECTIONS
RIGHT NOW AS THE PROGRAM IS
GETTING UP AND RUNNING TO
IDENTIFY ALL OF. THAT I
REQUIREMENTS FROM THE EVALUATION
THAT I AM IS WRITTEN INTO THE
BILL AND THEN EXPANDING UPON
THAT TO SEE WHAT COUNTIES CAN
COLLECT TO MAKE SURE WE'RE
GETTING MEANINGFUL
SADAT
I'M PROCESS HAS ALREADY STARTED
IT DOESN'T.
AS FAR AS I KNOW THE BILL DOES
NOT.
BY EXACTLY WHEN THAT HAVE TO BE
COMPLETED BUT I WOULD LET YOU
KNOW THAT THEIR WORK IS BEING
DONE ALREADY TO WEAR TO WORK OUT
IN THROUGH THE CHAIR
APPRECIATE THAT MY ONLY POINT IS
NOT WANTING TO BE IN THIS
POSITION COMING UP ON THE SUNSET
AGAIN WHERE. WE STILL DON'T HAVE
DATA THAT WAS ALL THANK YOU. SO
THE BILL WILL GO TO.
APPROPRIATIONS AND.
WE COULD RECOMMEND TO
APPROPRIATIONS STAFF THAT THEY
CONSIDER.
ANY OTHER COMMENT.
OKAY SO NOONE NINE SENATOR WHO
WOULD YOU LIKE A MEDICARE
MEMBERS AYE IT'S OF.
THE THE YOU KNOW THEY THE
IMPRESSION THAT I RECEIVED IN
THE SANTA CLARA COUNTY.
JUVENILE HALL WHEN I VISITED
THERE AND LOOKED AT THE.
THE YOUTH THAT WERE SEVENTEEN
EIGHTEEN FACT ONE INDIVIDUAL
HAVE BEEN GOING THROUGH
PARTICIPATING IN PROGRAMS.
LEARNING ABOUT AS MUCH AS
POSSIBLE WITH BRICKS RISK
ASSESSMENT AND AS AN EDUCATIONAL
ASSESSMENTS IN TRYING TO BALANCE
HIS LIFE. IN THE NEXT DAY THAT
INDIVIDUAL WAS TURNING EIGHTEEN.
BUT HE TURNED EIGHTEEN HE WAS
GOING TO TRANSITION MOVE RIGHT
ACROSS THE STREET INTO THE
COUNTY JAIL. THAT WAS NO PLACE
FOR THAT INDIVIDUAL TO LEARN TO
HAVE THE OPPORTUNITY THIS BILL
ALLOWS THAT OPPORTUNITY THE
OPPOSITION ARGUES THAT THE BILL
WILL LEAD OVER INCARCERATION
THAT ISN'T TRUE THAT'S NOT THE
INTENT OF THE BILL.
STRICTLY A VOLUNTARY PROGRAM IT
PROVIDES WHAT I BELIEVE IS
UNNECESSARY OPPORTUNITY WITH
THESE YOUTH SO THAT THEY CAN.
BETTER THEIR LIFE AT THE END OF
THE DAY SO I ASK YOUR AYE VOTE
MEMBERS THANK YOU.
.
I THINK GIVEN THE.
.
THE DESIRE TO MAKE SURE THAT THE
EVALUATION OCCURS PRIOR TO THE
SUNSET DATE.
I'M I THINK THAT WE WOULD ASK
FOR.
AND AMENDMENT TO BE TAKE HAVE
ANY APPROPRIATIONS COMMITTEE
THAT WOULD SPECIFY A DATE FOR
THE EVALUATION TO BEGIN TO BE
COMPLETED. IT'LL BE DONE THANK
THANK YOU ANDREA QUE SO WITH
THAT AMENDMENT WILL BE DO PASSED
TO APPROPRIATIONS WE DID NOT
SPECIFY THE DATE WE CAN WORK
THAT OUT BECAUSE I DON'T WANT TO
DO THAT ON THE FLY.
BUT IT WILL BE IN THE AMENDMENT.
SO IS THERE A MOTION.
GREAT SO IT'S.
DO PASSES AMENDED TWO
APPROACHES.
YEAH A YEAR PRIOR TO THIS SUNSET
DATE DEVALUATION.
BEGIN.
.
ALRIGHT SO OF LOCAL.
INNER.
RIGHT INNER AYE BRADFORD.
BRADFORD AYE JACKSON AYE JACKSON
AYE MITCHELL. MITCHELL AYE
STONE.
STONE NO WIENER. AYE WIENER AYE.
GREAT SENATOR HILL I BELIEVE YOU
HAVE ANOTHER BILL THAT BILL IS
OUT WILL NOW GOOD SB ELEVEN
EIGHTY SIX IF YOU BEEN
INTERPRETED MEMBERS S. B. ELEVEN
EIGHTY SIX.
IS SUBSTANTIALLY SIMILAR TO A
BILL THIS COMMITTEE APPROVED
LAST YEAR WHICH WAS S. B. TWENTY
ONE.
IT ENSURES THAT STATE LAW KEEPS
UP WITH LAW ENFORCEMENT RAPID
ADOPTION OF SURVEILLANCE
TECHNOLOGIES.
IF THE POLICE WANT TO SEARCH
YOUR PHONE YOUR CAR OR YOUR
HOUSE YOU HAVE TO GET A WARRANT.
BUT MANY AGENCIES HAVE
TECHNOLOGY THAT CAN TRACK WHERE
YOU GO WHO YOU TALK TO AND WHAT
YOU SAY IN PUBLIC PLACES WITHOUT
ANY SAFEGUARDS. OVER ONE HUNDRED
LAW ENFORCEMENT AGENCIES IN THE
STATE ARE THOUGHT TO USE SOME
TYPE OF SURVEILLANCE TECHNOLOGY.
AND MANY DEPLOY MULTIPLE KINDS
INCLUDING FACIAL RECOGNITION
TECHNOLOGY SOFTWARE THAT CAN
MONITOR SOCIAL MEDIA WEBSITES.
SB ELEVEN EIGHTY SIX EXPANDS THE
TRANSPARENCY. REQUIREMENTS
ESTABLISH FOR LICENSE PLATE
READERS AND CELL PHONE TRACKING
DEVICES ESTABLISHED IN TWENTY
FIFTEEN.
TWO ALL SURVEILLANCE
TECHNOLOGIES USED BY LAW
ENFORCEMENT AGENCIES
THIS MEANS SURVEILLANCE
TECHNOLOGY WILL BE SUBJECT TO
PUBLIC DISCLOSURE. AND LOCAL
LEGISLATIVE REVIEW. SURVEILLANCE
TECHNOLOGIES MUST BE GOVERNED BY
A SURVEILLANCE USE POLICY AND
LAW ENFORCEMENT AGENCIES MUST
PRODUCE BY ANY OLD SURVEILLANCE
REPORT.
THE BILL PROVIDES AN EXIGENT
CIRCUMSTANCE PROVISION TO LAW
ENFORCEMENT TO ALLOW THEM TO USE
UNAPPROVED SURVEILLANCE DEVICES
IN EMERGENCY SITUATIONS.
LAW ENFORCEMENT GROUPS WILL
ARGUE THAT CREATING TRANSPARENCY
PROVIDES A SURVEILLANCE ROADMAP
TO CRIMINALS.
THIS IS NOT THE CASE THE MERE
KNOWLEDGE OF A POLICE TACTIC
DOES NOT RENDER IT USELESS THERE
ARE ALREADY LAWS MANDATING THAT
IS THE DISCLOSURE OF WIRE TAPS.
AND LICENSE PLATE READERS IN
BOTH TECHNOLOGY STILL HELP CATCH
CRIMINALS.
SOME CONCERNS MAY ALSO BE
EXPRESSED BY THE BREATH OF
SURVEILLANCE TECHNOLOGIES
COVERED BY THE BILL. S. B.
ELEVEN EIGHTY SIX RECOGNIZES THE
WIDE AN EVER CHANGING ARRAY OF
SURVEILLANCE TECHNOLOGIES AT THE
DISPOSAL OF LAW ENFORCEMENT NOW.
AND IN THE FUTURE THE GOAL IS TO
SPECIFIC TO BE SPECIFIC ENOUGH
TO CAPTURE THE APPROPRIATE
SURVEILLANCE DEVICES BUT NOT
OVERLY PRESCRIPTIVE SO THAT WE
WOULD. HAVE TO RUN A BILL EACH
TIME A NEW TECHNOLOGY IS
INVENTED.
IN CLOSING I'D LIKE TO MAKE ONE
THING VERY CLEAR THIS BILL DOES
NOT PROHIBIT LAW ENFORCEMENT
FROM USING SURVEILLANCE
TECHNOLOGY TO FIGHT CRIME.
I SUPPORT USING TECHNOLOGY TO
INCREASE PUBLIC SAFETY BUT WE
NEED TO SAFEGUARD BASIC CIVIL
LIBERTIES FROM POTENTIAL ABUSES.
WE LIVE IN A NATION OF LAWS
NATION FOUNDED ON DEMOCRATIC
ACCOUNTABILITY. AND IS THOMAS
PAINE ONCE SAID.
QUOTE A BODY OF MEN HOLDING
THEMSELVES ACCOUNTABLE TO NOBODY
OUGHT NOT TO BE TRUSTED BY
ANYBODY. EVER TRY FEATURETTE.
IN SUPPORT.
MARIE DOYLE A MAP OF THE
CONFERENCE THE CALIFORNIA BAR
ASSOCIATIONS IN SUPPORT OF. SOME
BILLS ELEVEN EIGHTY SIX OF THEM.
SURVEILLANCE TECHNOLOGIES ARE
NEED HIM MANY WAYS WONDERFUL
THINGS THEY HELP US TO BE SAFER.
THERE NOW BEFORE WE AND MORE
PART OF.
DAILY LIFE AND DALY. CULTURE
THAN EVER BEFORE.
BUT I WOULD JUST GOING BACK TO
HIM NINETEEN EIGHTY FOUR THE
BOOK WE ALREADY HIGH SCHOOL AT
SOME POINT I THINK. IT'S STILL.
.
THE SURVEILLANCE TECHNOLOGY
CARRIES WITH IT THERE THERE'S A
CERTAIN FEAR.
YOU HAVE TO BE SURE THAT IS
BEING USED FOR THE CORRECT
PURPOSE. AND NOT THOUGH FOR
EXTERNAL PURPOSES HERE.
SO THIS BILL REPRESENTS A
BALANCE
AN EXCELLENT ATTEMPT TO TRY TO.
BALANCE SO. HER ABILITY TO BE
PROTECTED WITH OUR ABILITY TO BE
FREE.
AND SENATOR HILLS WHEN WORKING
ON THIS FOR A LONG TIME I ADMIRE
EVERYTHING THAT HE'S DONE IN
THIS EFFORT. I KNOW WE WILL
CONTINUE TO WORK WITH THE
OPPOSITION IS THE POCONOS ALONG
AND NOW. WE ASK YOU FOR YOUR AYE
VOTE.
ANY OTHER WITNESSES IN SUPPORT.
YEAH AT THE MIKE.
IT WILL.
MORNING MADAM CHAIR MEMBERS
KEVIN BAKER OF AMERICAN CIVIL
LIBERTIES UNION OF CALIFORNIA WE
THINK THERE'S A GOOD IDEA IN
THEORY IN THE BILL WE DO NOT YET
HAVE A POSITION. ON IT BECAUSE
WE'RE CONCERNED THAT THE BILL
DOES NOT TREAT EQUALLY ALL OF
THOSE LAW ENFORCEMENT
DISEASE THAT HAVE THIS
KIND OF SURVEILLANCE TECHNOLOGY
IF IT EXCLUDES.
DELAYS IN CHERUBS BROWN THE
REQUIREMENTS OF THE BILL.
UPON WE. ARE TROUBLED BY THAT
PRESIDENT WE UNDERSTAND THAT LAW
ENFORCEMENT DUTIES AND TARIFFS
BELIEVE THAT THERE IS A
GOVERNMENT CODE PROVISION. THAT.
PRE POSITIONED CONFLICT THAT
GIVES THEM THE TOTAL RIGHT TO
IT.
USED THESE.
SURVEILLANCE DEVICES WITHOUT
THAT KIND OF OVERSIGHT WE THINK
THE LEGISLATIVE BODY OF THE
COUNTIES.
AN AUTO AND GOVERN THAT
ACQUISITION OF THE SURVEILLANCE
TECHNOLOGY JUST AS IT DOES IN IN
CITIES ON THE NOSE NO GOOD
POLICY OR LEGAL REASON TO
EXCLUDE.
AT ABS ALSO NOTE THAT BOOT WHEN
HE COMMITTEE HEARD THE BILL
DOWN LAST YEAR AS SB TWENTY ONE.
IT DID NOT HAVE THAT EXCLUSION
FOR THE DA'S AND THE SHERIFF'S
I'M SO WE WOULD ASK THAT THAT
BE.
PUT BACK INTO THE BILL THANK YOU
.
I'M.
APPRECIATE YOUR OWN.
COMMENTS THAT IS A A NEUTRAL
POSITION.
.
WHILST.
SEE IF THERE'S ANY OTHER
WITNESSES IN SUPPORT.
ALRIGHT WITNESSES IN OPPOSITION.
AND COME TO THE TABLE.
WHEN I DO TWO AT THE TABLE.
PARDEE MANAGER MEMBERS CORSO'S
ORDER ON BEHALF OF THE
CALIFORNIA STATE SHERIFFS
ASSOCIATION RESPECTFULLY BUT
REGRETTABLY IN OPPOSITION. TO SB
ELEVEN EIGHTY SIX WE DID OPPOSE
SB TWENTY ONE LAST YEAR.
TO THE PRAYER CONVERSATION THE
BILL LAST YEAR DID INCLUDE
SHERIFF'S.
AND DISTRICT ATTORNEYS SPEAKING
ON BEHALF OF SHERIFFS NOW IN THE
BILL IN AS MUCH AS A REQUIRED
SHERIFFS TO SEEK APPROVAL FROM
THE BOARD OF SUPERVISORS.
TO ACQUIRE.
.
SURVEILLANCE TECHNOLOGY THAT
REQUIREMENT WAS REMOVED FROM THE
BILL DURING THE PROCESS LAST
YEAR. AND IN THE BILL WAS
REINTRODUCED THIS YEAR WITHOUT
THAT REQUIREMENTS OF THOSE THAT
AGAIN THE DIVERGENT TREATMENT
BETWEEN ELECTED OFFICIALS AND
NON ELECTED OFFICIALS ON. A
MISTER BIG REFERRED TO.
GOVERNMENT CODE SECTION I
BELIEVE IT'S TWENTY FIVE THREE
OR THREE THAT EFFECTIVELY
THAT THE BOARD OF SUPERVISORS
CANNOT REGULATE. THE
INVESTIGATIVE AUTHORITY OF THE
SHERIFF'S OFFICE AND SO THAT WAS
THE CONCERN ABOUT THAT
PARTICULAR PROVISION THAT WE IN
COLLEGE AT THAT IS OUT OF THE
BILL THIS YEAR.
NEVERTHELESS WE REMAIN OPPOSED
TO THE BILL BASED ON THE POINT
THAT THE AUTHOR MADE THAT THIS
BILL DOES GIVE A ROADMAP.
ABOUT SURVEILLANCE TO CRIMINALS
WHO WOULD USE THAT INFORMATION
OUGHT TO POTENTIALLY OVERCOME
THE SURVEILLANCE OR TO AVOID THE
SURVEILLANCE.
THE BILL VERY CLEARLY REQUIRES.
THAT THE SURVEILLANCE POLICY
CONTEMPLATED BY THE BILL
INCLUDE.
THE INFORMATION ABOUT WHAT TYPES
OF SURVEILLANCE ARE USED WHAT
TYPES OF DATA CAN BE GATHERED.
AND HOW THOSE SURVEILLANCE
TECHNOLOGIES ARE MONITORED FOR
SECURITY SO NOT ONLY WERE.
COLLECTED BUT HOW.
SURE IT.
I KEEP IT FROM GETTING INTO THE
WRONG HANDS AND WE THINK THAT
THE RISK INVOLVED IN PUBLICIZING
THAT SENSITIVE IN.
THE WORST THE PERCEIVED BENEFIT
EMANATING FROM MAKING THIS
INFORMATION PUBLIC BUT WE REMAIN
CONCERNED ABOUT THE REQUIREMENT
TO HOLD A PUBLIC HEARING ON THIS
AGAIN BECAUSE OF THE SENSITIVITY
OF THE INFORMATION. NOT HAVE A
PROBLEM WITH TRANSPARENCY BUT
THE THE REALITY IS THAT THIS IS
REQUIRING US TO PUT FORWARD. A
VERY CLEAR DELINEATION OF WHAT
TYPES OF SURVEILLANCE WE USE HOW
WE USE IT AND HOW THE DATA ARE
PROTECTED. WE THINK THAT'S TOO
MUCH OF A RISK OF THAT SENSITIVE
INFORMATION THANK YOU.
THANK YOU NEXT WITNESS.
MADAM CHAIR MEMBERS JOHNSON FELT
OF THE CALIFORNIA POLICE CHIEFS
ASSOCIATION A. MOLECULAR
COMMENTS MY COLLEAGUE AN AD THAT
THE. BURDEN THIS BILL
ESTABLISHES ON SAID IN THE
POLICY AMENDING THE POLICY
GETTING IT APPROVED. A. SHUTTING
DOWN USE OF ALL SURVEILLANCE
TECHNOLOGY UNTIL THE POLICIES
APPROVED OR AMENDED EVERYTIME
YOU REQUIRE.
.
THE COLLECTION OF NEW
INFORMATION.
OR ADD NEW TECHNOLOGY INTO
EXISTING REPERTOIRE I JUST MAKE
IT PRACTICALLY IMPOSSIBLE FOR A
LOT OF AGENCIES TO COMPLY WITH I
HAVE CHIEFS IN SMALL AGENCIES
WHERE THEY HAVE.
FIVE SIX SEVEN SWORN OFFICERS
MAYBE TWENTY THEY DON'T HAVE THE
TIME TO DEVELOP THIS POLICY
REWRITE IT CHANGE IT. GET IT
APPROVED EVERY TIME THEY NEED TO
COLLECT NEW INFORMATION.
OR CHOIR NEW TECHNOLOGY THERE
ISN'T IT EGGS EVEN
CIRCUMSTANCES.
PROVISION IN THE BILL BUT IT'S
ALSO PRACTICALLY UNWORKABLE IT'S
IS YOU CAN'T COLLECT
INFORMATION.
UNRELATED TO THE EGG EXIGENT
CIRCUMSTANCE OF YOU'RE GOING
AFTER KIDNAPPER AND YOU FIND OUT
INFORMATION ABOUT A MURDER YOU
CAN
COLLECT THAT AND.
YOU CAN'T STORE THAT INFORMATION
THAT INFORMATION HAS TO BE
DELETED AS SOON AS YOU'RE DONE
WITH THE EXIT AND CIRCUMSTANCE.
WHICH I DON'T KNOW BY WHOSE
DEFINING WHEN THE START AND STOP
OF AN EGG EX XIN CIRCUMSTANCES
IN THIS SITUATION.
IT IT'S UNWORKABLE SO I
APPRECIATE THE INTENT OF THAT
AMENDMENT. OVER THAT THAT
PROVISION THE BILL BUT IT'S IT
DOES NOTHING FOR US.
AND ALSO LOCALS CAN DO THIS
RIGHT NOW IF THEY WANT.
HAVE A LOCAL OF BOARD OF
SUPERVISORS ARE AT LOCAL CITY
COUNCIL WANTS TO SAID
SURVEILLANCE POLICY FOR THEIR
LAW ENFORCEMENT OFFICERS.
USE OF CERTAIN TECHNOLOGY OR
FOR THE DEPARTMENT THEY CAN GO
AHEAD AND DO THAT WE DON'T NEED
TO DO THIS AT THE STATE. AND A
LOT OF THE STUFF SHOULD BE
DEBATED AT THE LOCAL LEVEL WITH
LOCAL LAW ENFORCEMENT IN
DISCUSSIONS WITH THEIR LOCAL
COUNCIL MEMBERS MEAN WHAT WE
CAME FROM LOCAL GOVERNMENTS YOU
KNOW THAT.
I MOST POLICIES BEST HANDLED AT
THAT LEVEL BECAUSE YOU CAN
REALLY GET INTO FINE TUNING WHAT
WORKS FOR THAT COMMUNITY
NOT-SETTING SOMETHING. I
STATEWIDE
NOW WE'VE COME TO THE TABLE ON A
LOT OF. NEGOTIATIONS AROUND THE
USE OF SURVEILLANCE TECHNOLOGY
IN THE PAST
YOU KNOW WE WE.
AT NEGOTIATED ON.
THE ELECTRONIC COMMUNICATIONS
PRIVACY ACT ON ON OTHER BILLS
WITH THE SENATOR RELATED TO THIS
THE USE OF THIS KIND OF
TECHNOLOGY.
BUT THE BURDENS IN HERE JUST TOO
HIGH FOR US TO TO.
I DO ANYTHING BUT OPPOSES.
I.
AND LAST FALL ALL AND WITH.
THERE IS A YOU KNOW THE I WAS ON
A PANEL ON ARTIFICIAL
INTELLIGENCE IN THE GROWTH OF
TECHNOLOGY IT'S YOU SOMEONE
FORCED MANY OTHERS THERE'S A LOT
OF STUFF THAT STUDENTS. ARE
BEING DEVELOPED THAT.
PROBABLY GIVES A LOT OF FOLKS IN
PRIVACY CONCERNS BUT THERE'S
ALSO TREMENDOUS POTENTIAL FOR
THE BENEFIT PUBLIC SAFETY. KNOW
WE LOOK AT THE SOME OF THE THE
MASS.
.
BUT EVENTS OF VIOLENCE THAT HAVE
BEEN TAKING PLACE ACROSS THE
COUNTRY TABLE SPOT THOSE EVENTS
EARLY AND.
PREDICT THEM I GET IN FRONT OF
THEM AND STOP THEM FROM
HAPPENING THAT'S WHAT THIS
TECHNOLOGIES CAN ALLOW US TO DO.
SO YOU DIDN'T TO RESTRICTIVE AND
SHUT US DOWN FROM USING IT
YOU'RE YOU'RE GONNA SEE THOSE
BENEFITS GO AWAY. AND THAT'S
WHAT WE WE HAVE A LOT OF
CONCERNS AND HAVE TO STAY
OPPOSED.
BEFORE I HAVE THE OTHER
WITNESSES SO I'M A MEDICAL AND
SENATOR JACKSON BUT I WOULD
POINT OUT THAT THIS. BILL DOES
NOT DICTATE WHAT THE POLICY OF
THE LOCAL GOVERNMENT WOULD BE.
IT JUST.
.
IT IN FACT REQUIRES WHICH YOU
DESCRIBED WHICH IS THE ABILITY
FOR THE LOCALITY AND THE
DEPARTMENTS TO.
WORKOUT WITH THEIR SURVEILLANCE.
.
POLICY ISN'T TO.
HAVE A PUBLIC HEARING ON THAT
SO.
DOES NOT DICTATE WHAT THE
POLICY OF THE LOCAL GOVERNMENT
WOULD BE. COME SENATOR JACKSON
THANK YOU. UP THANK YOU SENATOR
HILL THIS BILL WILL GO TO THE
JUDICIARY COMMITTEE NEXT AND I
HAVE. A NUMBER OF ISSUES RELATED
TO THAT WHICH I'LL DEFER TO THAT
COMMITTEE THERE'S A
PHILOSOPHICAL ISSUE THOUGH THAT
I THINK IF I MAY. UM INQUIRE
ABOUT HERE.
SO WE HAVE.
WRITTEN RIGHT INTO OUR
CONSTITUTION. THE FOUNDING
FATHERS OF THIS NATION
UNDERSTOOD THAT WITHOUT
NECESSARY CHECKS AND BALANCES WE
COULD FIND OURSELVES IN IS
MISTER DOYLE INDICATED IN
NINETEEN EIGHTY FOUR SITUATION.
AND AS WE SEE THESE TECHNOLOGIES
ADVANCING IN BECOMING VERY
SOPHISTICATED.
IT WEESE ALSO SEE A VACUUM.
WE KNOW THAT IF YOU WANTED TO
WIRETAP THE TELEPHONE YOU HAD TO
GET A A A A WARRANT.
WE HAVE DEVELOPED IN THIS
COUNTRY A SYSTEM TO PROTECT
AGAINST THE ABUSES BY LAW
ENFORCEMENT.
WE WANT ALL HOWEVER GIVE LAW
ENFORCEMENT THE TOOLS THAT IT
NEEDS TO PROTECT THE PUBLIC.
SO UNLESS WE CREATE
SOME KIND OF A TRANSPARENCY
ACCOUNTABILITY IDENTIFYING WHAT
HAPPENS THEN WE RISK A LAW
ENFORCEMENT MAKING THOSE
DECISIONS ABOUT OUT WHAT THE
PUBLIC SHOULDN'T SHOULDN'T KNOW
HOW THEY SHOULD GO ABOUT.
IF YOU WILLS IN SOME INSTANCES
INTRUDING INTO THE PRIVACY OF
ITS CITIZENS WITHOUT ANY OFFSET
BY. A JUDICIAL DETERMINATION OF
THE APPROPRIATENESS OF THAT SO
I'M WONDERING IF THOSE OF YOU
WHO ARE OPPOSED TO THIS.
COULD ASSIST AND.
IF I MAY THROUGH THE CHAIR ALMA
HOW YOU WOULD GO ABOUT
PROTECTING AYE I REALIZE YOU
WANT YOU'RE VERY CONCERNED AND I
THINK RIGHTLY SO IN I THINK THE
PUBLIC APPRECIATES WHEN YOU CAN.
STOP THE KINDS OF ATTACKS AND
AND A DANGERS AND VIOLENCE THAT
THE ABILITY TO MONITOR AND TO.
US AVAIL BUT HOW DO WE USE A
PUBLIC PROTECT AGAINST THE
ABUSES. UNLESS YOU WOULD REQUIRE
THAT IF YOU'RE GOING TO DO THIS
KIND OF SURVEILLANCE YOU NEED A
WARRANT FIRST.
WHAT WHAT'S AVAILABLE TO US
OTHER THAN A WARRANT IN ORDER
OTHER THAN THE RECOMMENDATIONS
HERE TO TRY TO MAINTAIN THAT
VERY VERY CRITICAL?
CONSTITUTIONALLY MANDATED
BALANCE.
YOU THE READER YES MANAGER THANK
YOU*. SENATOR I THINK THAT.
THIS BILL JUST AS YOU SAID
PRODUCES THE CHAIR SAID THIS
BILL DOESN'T SAY WHAT TE POLICY
HAS TO SAY OR WHAT IT DOESN'T
HAVE TO SAY WHICH IS CORRECT.
BUT. THIS BILL DOESN'T GET INTO
ANY QUESTION ABOUT THE PROPRIETY
OF THE USE OF ANY PARTICULAR
TYPE OF SURVEILLANCE TECHNOLOGY
WHETHER IT WARRANT IS REQUIRED
OR WHETHER A WARRANT SHOULD BE
REQUIRED OR.
DID IT DOESN'T GET INTO THOSE
SORTS OF QUESTIONS AND SO I
THINK THE ANSWER IS IS THAT THE
COURTS. AND THE LONGSTANDING
JURISPRUDENCE OF.
SURVEILLANCE AND SEARCHES AND
WHAT IS APPROPRIATE AND WHAT IS
NOT IS WHAT PROTECTS AGAINST ANY
POTENTIAL INAPPROPRIATE
INTRUSIONS INTO PRIVACY. NOT
SURE THAT THE PUBLIC HEARING OR
A PIECE OF PAPER THAT SAYS
HERE'S THE TYPE OF SURVEILLANCE
WE'RE GOING TO YOU.
AND THEN THE PUBLIC'S DIGESTION
OF THAT INFORMATION IS GOING TO
NECESSARILY. PERFECT PROTECT OR
PROVIDE ANY PRIVACY PROTECTIONS
THAT ARE IT ALREADY IN PLACE
THROUGH THE EXISTING SYSTEM OF A
COURT CHALLENGE IF A PARTICULAR.
SEARCHES INAPPROPRIATE OR FULL
WIRETAP IS UNLAWFUL MEAN WE HAVE
REMEDIES FOR THOSE SORTS OF
SITUATIONS I DON'T KNOW THAT
THIS ADDRESSES.
THAT PARTICULAR QUESTION OF
PRIVACY IMPROPER IF I MAY WE'RE
TALKING ABOUT NEWER TECHNOLOGIES
WE DON'T NEED TO WIRETAP
ANYMORE.
WE CAN JUST INNER INTERCEDE. A
WIRELESS COMMUNICATION THAT'S
GOING ON AND UNLESS WE KNOW WHAT
IT IS THAT LAW ENFORCEMENT IS
DOING AS PART OF ITS
SURVEILLANCE HOW CAN WE
DETERMINE WHETHER OR NOT IT'S
APPROPRIATE.
WELCOME. TO THE CHAIR IF.
BUT I'M CERTAINLY SEEMS SOMEWHAT
PHILOSOPHICAL BOOK IF IT'S I
DON'T NEED TO RESPOND IF IT WILL
IF YOU HAVE A FACTUAL ANSWER
FINE OTHERWISE.
WELL I.
I JUST THINK AGAIN. LAYING THAT
INFORMATION OUT THROUGH A PUBLIC
POLICY IS NOT. GONNA BE AN
ARBITER OR SECOND PROVIDE A
VENUE TO ARBITRATE OR LITIGATE
WHETHER OR NOT. SOME NEW
TECHNOLOGICAL ADVANCEMENT.
.
IS TO BE VIOLATIVE OF ANY
PRIVACY RIGHTS ARE CONCERNS.
BUT ARE FOUGHT TO EXIST SFI MADE
THIS IS I DON'T ACTUALLY IT IS
PHILOSOPHICAL ONE HIM BUT IT'S
ALSO A QUESTION OF SECRECY PART
OF THIS IS. YOU HAVE CERTAIN
BROAD SURVEILLANCE.
APPROACHES YOU TAKEN YOU WANT
TO KEEP THEM IF YOU WILL SECRET
SO THAT BECOMES A PROBLEM AND
THAT'S WHAT I'M. ASKING YOU TO
TRY TO ADDRESS BECAUSE THAT'S
WHERE I HAVE A PROBLEM WITH
YOUR.
CONCERNS ABOUT THE BILL COME UP
WITH SOMETHING. THAT ALLOWS A
THE PUBLIC
TO HAVE SOME KNOWLEDGE AND
UNDERSTANDING OF HOW YOU'RE
GOING ABOUT DOING WHAT YOU'RE
DOING.
TO MAKE SURE THAT YOU'RE NOT
GOING BEYOND THE BOUNDS OF WHAT
IS APPROPRIATE OR JUST GOING TO
BE SOMETHING THAT YOU THINK
CASTING GO TO A COURT EVERY
TIME.
THERE MY SOMETHING HAPPENS THAT
DOES AN ATTORNEY OR HAVE TO COME
IN A DEFENSE ATTORNEY COME IN A
CHALLENGE EVERYTHING YOU'RE
DOING AUTOMATICALLY BECAUSE THE
PUBLIC OTHERWISE HAS NO IDEA.
THAT'S THE QUESTION.
THANK YOU MADAM CHAIR.
WE'LL HEAR FROM THE OTHER
WITNESSES IN OPPOSITION OR AT
THE MIKE GO AHEAD.
MADAM CHAIR MEMBERS MATTHEW
CYBERLINK ON BEHALF OF THE
ASSOCIATION FOR LOS ANGELES
DEPUTY SHERIFFS IN THE LOS
ANGELES POLICE PROTECTIVE LEAGUE
BOTH IN OPPOSITION THANK YOU.
LIEUTENANT CHILES A WILLIAM
SABATINO SHERIFF'S ON BEHALF OF
SHARE OF MAKE MAN IN OPPOSITION.
WARNING WARNING SHOT RUN WITH
THE CALIFORNIA PEACE OFFICERS
ASSOCIATION OPPOSITION.
MORNING TO HOLLER WITH THE
SECURITY INDUSTRY ASSOCIATION IN
OPPOSITION THIS BILL THANK YOU.
AND BRENDAN UP ON BEHALF LOS
ANGELES COUNTY SHERIFF'S
DEPARTMENT OPPOSITION THANK YOU.
RAIN SHERMAN WITH THE RIVERSIDE
SHERIFF'S ASSOCIATION
OPPOSITION.
RAINY PARAGON REDUCE HAS HAD
SOME HALF A POOR ACTOR
OPPOSITION.
.
ALRIGHT SO.
ANY OTHER COMMENTS FROM.
THE DYESS.
SEEING NONE SENATOR HILL DO YOU
WANT TO THANK YOU MADAM CHAIR
AND JUST TO RESPOND BRIEFLY THE.
OPPOSITION STATED THAT THE.
THIS IS A ROAD MAP AND THE IS
WE KNOW THAT IN THAT ARGUMENT
WAS NOT MADE WHEN WE HAD LICENSE
PLATE READER LEGISLATION AS WELL
AS. CELLULAR INTERCEPT
TECHNOLOGY.
LEGISLATION INTERESTINGLY A
SENATOR JACKSON MENTION THAT.-
ABOUT WIRETAPS IN TWENTY
FIFTEEN THERE WERE ELEVEN
HUNDRED AND FORTY EIGHT WIRETAPS
THAT LED TO THE ARREST OF NINE
HUNDRED AND SEVENTY SIX PEOPLE.
AYE AND WIRETAPS ARE WELL KNOWN
BUT PEOPLE STILL. TALK ON THE
TELEPHONE AND SAY THE THINGS
THEY KNOW THEY'RE AVAILABLE THEY
KNOW THEIR POSSIBLE NAY NO THAT
DETER IT'S SOMETHING THAT COULD
BE USED SO IT TO.
I DON'T BELIEVE THAT THAT IS A
ROAD MAP FOR ANYONE JUST BECAUSE
THE TECHNOLOGY IS AVAILABLE TO A
LAW ENFORCEMENT AGENCY. TO THIS
THEM AND IN THE IDEA THAT THIS
LEGISLATION IS TOO RESTRICTIVE
AND IT WILL SHUT IT DOWN.
IS.
I THINK OF.
A IT DOESN'T REALLY GET TO THE
HEART OF THE PROBLEM THE HEART
OF THE PROBLEM IS WE HAVE CHECKS
AND BALANCES.
THIS LEGISLATION JUST REQUIRES
THAT A LOCAL ELECTED BODY.
MAKE THE DECISION OF WHAT TYPE
OF TECHNOLOGY.
THAT THEY'RE USING.
WHAT POLICIES IN PLACE TO THE
USE OF THAT HOW LONG THE
INFORMATION IS KEPT WHO HAS
ACCESS TO IT? AND THE AND WHAT
THEY DO WITH IT THIS IS NOT
RESTRICTIVE AT ALL IN TERMS OF
THE ABILITY TO USE THE
TECHNOLOGY IN THE CRIMINAL OF IT
IN THE UP. LAW ENFORCEMENT
CAPABILITIES AT THE USE I
RESPECTFULLY S. RIVALED NUMBERS
AND A. A IS A SAID THIS WAS A
VERY SIMILAR TO THE BILL THAT WE
PASSED THE LAST YEAR THANK YOU.
BUT IS THERE A MOTION.
CONSIDER WE HAVE A MOTION BEFORE
US.
ON WHICH IT'S DO PASSED TO
JUDICIARY BUT SEVERAL CALL.
SKINNER.
I.
INNER AYE BRADFORD.
JACKSON HOT.
JACKSON AYE MITCHELL.
MITCHELL AYE STONE.
STONE NO WIENER.
WE'LL HAVE THE BILL ON CALL IN
CENTER REALLY BELIEVE YOU HAVE
ONE MORE BILL.
S. B. THIRTEEN FIFTY FIVE.
IN IN.
.
I FOUND ITEM CHAIR MEMBERS AS
FOR YOU BEFORE YOU BEGIN SIX
ZERO.
A.
THIS WOULD IS AN INTERESTING
CONVERSATION WE'RE JUST HAVING
ABOUT SURVEILLANCE AND OF COURSE
MY PHONE WAS SITTING HERE. AND.
WHEN I ASKED FOR THE ROLL CALL
SEERY STARTED TALKING ME
THINKING THAT I WAS TALKING TO
HER. OUR SURVEILLANCE DEVICES
YES.
ANYWAY AT OUR CERAMIC MIND
SERIES GO AHEAD SENATOR HILL
THANK YOU S. B. THIRTEEN FIFTY
FIVE MAKES IT ILLEGAL TO
KNOWINGLY AND
ATTENTION ONLY OPERATED UNMANNED
AIRCRAFT SYSTEM.
ON.
ABOVE THE GROUND TO THE STATE
PRISON OR JAIL. THERE ARE
SEVERAL INCIDENTS IN RECENT
INCIDENTS OF DRONES BEING USED
TO DROP CONTRABAND INTO PRISONS
AND JAILS FOR EXAMPLE IN OCTOBER
TWENTY SEVENTEEN. A SMALL DRONE
CRASHED INSIDE THE PERIMETER OF
ELMWOOD CORRECTIONAL FACILITY IN
SANTA CLARA COUNTY.
INVESTIGATORS FOUND A PACKAGE OF
MATH ONBOARD THAT GROWN AN
INMATE AT A HIGH END SECURITY
FEDERAL PRISON IN VICTORVILLE
CALIFORNIA RECRUITED SOMEONE TO
USE A DRONE TO SMUGGLE. INTO
CELL PHONES IN MARCH OF TWENTY
FIFTEEN THE PHONES WERE NOT
FOUND BY PRISON OFFICIALS FOR
FIVE MONTHS. IN FEBRUARY NEAR
DELANO'S KERN VALLEY STATE
PRISON A DRONE DROPPED A BAG
FILLED WITH CELL PHONE SIM CARDS
HACKSAW BLADES A HUNDRED EIGHTY
GRAMS OF HEROIN. AND SIXTY NINE
GRAMS OF MET.
THE FOLLOWING DAY STAFF FOUND
THREE MORE BAGS CONTAINING DRUGS
LIGHTERS AND ROLLING PAPERS
AMONG OTHER ITEMS WILL SMUGGLING
CONTRABAND INTO PRISON OR JAIL
THROUGH ANY METHOD IS ILLEGAL.
NO STATUTE CURRENTLY BARGE
DRONES FROM FLYING NEAR OR OVER
A CORRECTIONAL FACILITY S. B.
ELEVEN EIGHTY FIVE UPDATES
CURRENT LAW. TO MAKE CLEAR THAT
USING DRONES TO SMUGGLE
CONTRABAND INTO CORRECTIONAL
FACILITIES IS ALSO UNLAWFUL S.
B. THIRTEEN FIFTY FIVE THIS NOT
PROHIBIT DRONE TECHNOLOGY BUT
INSTEAD CREATES A PENALTY.
TO DETER ANY UNAUTHORIZED PERSON
FROM OPERATING A DRONE NEAR
PRISON OR JAIL FACILITY AND I
MIGHT ADD THAT ONE OF THE. USES
OF A DRONE COULD BE FOR
SURVEILLANCE FOR RECONNAISSANCE
OR PLANNING A PROPOSED ESCAPE OR
SOME OTHER TYPE OF USE. THAT A
DRONE COULD BE IT OR BRINGING IN
SOME DESTRUCTION TYPE OF
MATERIAL THAT COULD THAT CAUSE
HARM TO THE. TO THE JAIL OR
PRISON FACILITY SO I
RESPECTFULLY ASK PRIVATE
MEMBERS.
HAVE COME BEFORE WE HEAR FROM
THE WITNESSES IN. WORD I'LL JUST
POINT OUT THAT THIS BILL.
A CREATES AN INFRACTIONS. AND.
WITH A FINE SO JUST WANT TO
CLARIFY WHAT IT DOES.
TIME WITNESSES IN SPORT GO AHEAD
MANAGER MEMBERS CORSO'S EARLIER
I'M HALF THE CALIFORNIA STATE
SHERIFFS ASSOCIATION WE
APPRECIATE THE AUTHOR'S.
A COMMITMENT TO PUBLIC SAFETY ON
THIS ISSUE AND TO PROTECTING OUR
CORRECTIONAL FACILITIES FROM THE
SITE TYPES OF INTRUSION WOULD
THANK YOU FOR YOUR SUPPORT ON
THE AND WE ASK FOR YOUR SUPPORT.
THANK YOU
NEXT WITNESS
BUT MADAM CHAIR MEMBERS SHOT
NUMBER WITH CALIFORNIA PEACE
OFFICERS ASSOCIATION ALSO.
UNDERSTANDING THAT THAT THE
BILL DOESN'T SET A STATEWIDE A
PROHIBITION IT SIMPLY THOSE
FOLKS THAT KNOWINGLY AND
INTENTIONALLY. I'M OPERATE OVER
A CLEARLY IDENTIFIED A BUILDING
SUCH AS A PRISONER JAIL AND
STILL GIVES THE OPPORTUNITY FOR
THE.
A DEPARTMENT CORRECTIONS OR THE
SHERIFF TO TO MAKE CERTAIN.
CIRCUMSTANCES AVAILABLE SO.
WITH OUR COLLEAGUE WE.
ALIGNED WITH THE SAME POINTS
AND ALSO APPRECIATE THE
LISTENERS ATTENTION TO THE
MATTER SUPPORT THE BILL.
OTHER WITNESSES IN SUPPORT.
BRANCH IN WITH THE RIVERSIDE
SHERIFF'S ASSOCIATION SUPPORT.
THEN MEMBERS JONATHAN FELDMAN
CALIFORNIA POLICE CHIEFS
ASSOCIATION SUPPORT.
ARE THERE ANY WITNESSES IN
OPPOSITION.
RIGHT SEEING NINE NI COMMENT
AND WE HAVE A MOTION.
SENATOR HILL UNICREDIT AS DR OF
EVERYTHING GREAT ROLL CALL.
MOTION IS TO AND.
PASSED TO APPROPRIATIONS
INNER.
ALRIGHT AIR AYE BRADFORD.
JACKSON A JACKSON AYE MITCHELL.
AYE MITCHELL AYE STONE.
DON'T AYE WIENER.
WIENER AYE.
WE WILL HOLD THE BOMB. BUILDER
THE ROLE.
THROUGH OUR ABSENT MEMBERS.
AND WE WILL NOW GO TO.
LET'S SEE.
SENATOR STERN I BELIEVE.
DO I HE LEFT. CENTER LEYVA IT'S
YOUR LUCKY DAY.
.
WE ARE GOING NOW TO S. B.
FOURTEEN FORTY NINE.
WELL GOOD MORNING MADAM CHAIR
GOOD MORNING MEMBERS AND SENATE
BILL FOURTEEN FORTY NINE.
BUILDS UPON THE POOR.
CHAIR WORKED ON ON
SEVERAL YEARS AGO THE PROMPT
TESTING OF RAPE KITS.
BOOKS CORPS OF S. B. FOURTEEN
FORTY NINE IS VERY
STRAIGHTFORWARD.
BUT IT WILL HAVE A TREMENDOUS
IMPACT ON THE LIVES OF VICTIMS
AND HELP RAPISTS BEHIND BARS.
THIS MAJOR SIMPLY CHANGES ONE
WORD IN EXISTING LAW BY SAYING
THAT LAW ENFORCEMENT AGENCIES
INFERS FORENSIC LABORATORIES
SHALL FOLLOW. INSTEAD OF SHOULD
FOLLOW. AS IT CURRENTLY STATES
LISTA TIME FRAMES FOR SUBMITTING
AND ANALYZING RAPE KIT EVIDENCE.
MEMBERS MANY OF YOU KNOW THAT
JUST TWO YEARS AGO GOVERNOR
BROWN SIGNED MY SB EIGHT
THIRTEEN WHICH ELIMINATED THE
STATUE OF LIMITATIONS ON RAPE.
THOUGH THAT WAS CERTAINLY A HUGE
VICTORY THE ROAD TO JUSTICE FOR
VICTIMS OF RAPE AND SEXUAL
ASSAULT WILL BE INCOMPLETE IF
THE RAKE BREAK KIDS ARE NEVER
TESTED.
ALRIGHT VICTIMS DESERVE TO HAVE
THE RAPE KIT TESTED WITHIN A
SPECIFIED TIMEFRAME WHICH CAN IN
TURN HELP TO ENSURE JUSTICE FOR
VICTIMS IDENTIFY SERIAL
PERPETRATORS. AND EVEN EXONERATE
WRONGFULLY CONVICTED.
RAPE IS ONE OF THE MOST
TRAUMATIZING EXPERIENCES OF A
PERSON'S LIFE SO IT IS CRITICAL
THAT RAPE KITS ARE PROCESS
SWIFTLY.
BOTH TO ATTAIN JUSTICE AND TO
HELP IDENTIFY AND PROSECUTE
RAPISTS SO THAT WE CAN KEEP THEM
OFF THE STREETS.
I WOULD LIKE TO THINK ALAMEDA
ALAMEDA COUNTY DISTRICT ATTORNEY
NANCY O'MALLEY. THE JOYFUL HEART
FOUNDATION AND THE TOUCHES
JUSTICE PROJECT FOR ALL
SPONSORING THIS IMPORTANT
LEGISLATION AND FOR CONTINUING
TO SHED A BRIGHT LIGHT ON THIS
IMPORTANT ISSUE. AND FOR
FIGHTING FOR JUSTICE FOR RAPE
VICTIMS IN CALIFORNIA AND ACROSS
THE COUNTRY.
HERE TO TESTIFY IN SUPPORT IS D.
A O'MALLEY AND SARAH HALKI BIRD
MANAGING DIRECTOR OF THE JOYFUL
HEART FOUNDATION.
THANK YOU.
WHEN CITIZENS BURKE AHEAD.
GOOD MORNING MADAM CHAIR AND AND
MEMBERS.
I AM HERE'S A SPONSOR IN ITS
SUPPORT OF IN STRONG SUPPORT OF
THIS BILL. AS SENATOR SKINNER
RECALLS THAT IT WAS IN TWO
THOUSAND FOURTEEN THAT WE.
SENATOR SENATOR KERRY THE
LEGISLATION WE SPONSORED. A
TESTING ALL RATE GETS.
AND AT THAT TIME WE WERE ONLY
ABLE TO BE HAVE IT BECOME
PERMISSIVE AND NOT MANDATORY.
WHAT WE KNOW SINCE THAT TIME?
AND IN MY OWN COUNTY WE HAD
NINETEEN HUNDRED UNTESTED KITS
WHICH ARE NOW HAVE ALL BEEN
TESTED.
I AND WE HAVE NO BACKLOG BUT
WHAT WE DID REALIZES THE
IMPORTANCE AND THE SIGNIFICANCE
OF DNA EVIDENCE.
OF LINKING UNKNOWN PERPETRATORS
TO SEXUAL ASSAULT COMMITTED BY
SOMEONE THAT THEY KNEW. A WEEK
HAVE A VERY TRAGIC SITUATION IN
BERKELEY. THAT'S BEEN IN THE
NEWS WHERE THERE WAS A SEXUAL
ASSAULT.
THE TICKET WAS NOT TESTED SECOND
SEXUAL ASSAULT AND IN BETWEEN
THE TWO THERE WAS A TRAGIC
MURDER OF A CAL GRADUATE STUDENT
WHO WAS ALSO SEXUALLY ASSAULTED.
ALL LINKED TO THE SAME PERSON
BUT IT WAS ONLY BECAUSE WE
CREATED THE PROCESS THROUGH MY
OFFICE AND THROUGH OUR. TO THE
BILL TO MAKE SURE THAT ALL KIDS
ARE TESTED.
BUT THE TECHNOLOGY NOW IS SO
REFINED
THAT IT'S MOSTLY A ROBOTICS.
AND THE AND THAT MAKES IT VERY
EFFICIENT TO TEST THESE KIDS GET
VERY ACCURATE RESULTS AND IF
THERE'S A DNA PROFILE IT GOES
INTO THE DATABASE. WHAT WE
DISCOVERED BOTH IN CALIFORNIA
AND ACROSS THE COUNTRY IN OUR
EFFORTS TO TEST ALL KIDS?
IS THAT ABOUT FORTY PERCENT DO
HAVE A DNA PROFILE THAT GO INTO
A DATABASE AND WE ARE SOLVING
SEXUAL ASSAULT. AND SEXUAL
ASSAULT MURDER CASES AND OTHER
CRIMES AT AN INCREDIBLE RATE AND
SO.
YOU KNOW I I I DO BELIEVE THAT
THIS IS A IMPORTANT BILL FOR.
JUSTICE I BELIEVE IT'S AN
IMPORTANT BILL FOR THOSE VICTIMS
SURVIVORS WHO ACTUALLY GO
THROUGH THE EXAM. AND DO WHAT
THEY'RE SUPPOSED TO DO TO IN
ORDER TO APPREHEND PERPETRATORS
ARE IDENTIFY PERPETRATORS. AND
AT THE SAME TIME TO BE ABLE TO
IDENTIFY IT AN EARLY STAGE
SOMEONE WHO MAYBE HAS
MISIDENTIFIED OR WRONGLY ACCUSED
OF THE SEXUAL ASSAULT CRIME.
THROUGH EXONERATION THROUGH
MADAM CHAIR MEMBERS THANK YOU
SO MUCH TO PRIVILEGED TO BE HERE
TODAY TO TALK ABOUT THIS
IMPORTANT LEGISLATION. MY NAME
IS SIR HOCKEY BIRD AND I
MANAGING DIRECTOR OF THE JOYFUL
HEART FOUNDATION WE STRONGLY
SUPPORT SENATE BILL FOURTEEN
FORTY NINE WHICH WOULD REQUIRE
THE TESTING OF ALL RAPE KITS
CONNECTED TO REPORT A CRIME IN
THE STATE OF CALIFORNIA.
SINCE TWO THOUSAND AND TEN
JOYFUL HEART HAS WORKED
TIRELESSLY TO ELIMINATE THE
BACKLOG OF HUNDREDS OF THOUSANDS
OF UNTESTED RAPE KITS ACROSS THE
COUNTRY. THROUGH PARTNERSHIPS
WITH FEDERAL STATE LOCAL LAW
ENFORCEMENT NONPROFIT
ORGANIZATIONS ADVOCATES AND
SURVIVORS WE ARE WORKING TO
BRING ATTENTION CRITICAL FUNDING
AND REFORMS TO IMPROVE THE
CRIMINAL JUSTICE RESPONSE TO
SEXUAL VIOLENCE.
TO THAT END ONE YEAR AGO WE
LAUNCHED AN AMBITIOUS NATIONAL
CAMPAIGN TO EXPAND ACCESS TO
JUSTICE.
FOR SURVIVORS BY PASSING
COMPREHENSIVE REPEAT REFORM
LEGISLATION IN ALL FIFTY STATES
IT IS OUR SINCERE HOPE THAT
CALIFORNIA WILL TAKE A
LEADERSHIP ROLE ON THIS ISSUE
NATIONALLY BY PASSING THIS
IMPORTANT LEGISLATION. EVERY
NINETY EIGHT SECONDS OUGHT
SOMEONE IS SEXUALLY ASSAULTED IN
THE UNITED STATES IN THE
IMMEDIATE AFTERMATH OF THE
SEXUAL ASSAULT. VICTIM MAY
CHOOSE TO UNDERGO A FOUR TO SIX
HOUR INVASIVE MEDICAL FORENSIC
EXAMINATION TO COLLECT EVIDENCE
LEFT BEHIND. BY.
THE OFFENDER DURING THE ASSAULT
SURVIVORS WHO TAKE THIS
IMPORTANT STOP.
EXPECT THAT THE KIDS WILL BE
TESTED IN THE PUBLIC EXPECTS THE
SAME CURRENT LINE CALIFORNIA'S
IS LAW ENFORCEMENT SHOULD SEND
KIDS TO TESTING THIS IS A WELL
INTENTIONED LAW. BUT IT IS NOT
WORKING AND TWENTY SEVENTEEN
THROUGH JOYFUL HEARTS
ACCOUNTABILITY PROJECT CONDUCTED
IN PARTNERSHIP WITH PRO BONO LA
FROM GOODWIN PROCTER WE ISSUED
OPEN RECORD REQUEST TO A
JURISDICTIONS ACROSS THE STATE.
AND FOUND THAT SIX OUT OF EIGHT
OR SEVENTY FIVE PERCENT OF THOSE
JURISDICTIONS AYE THERE ARE NOT
FOLLOWING THE ENCOURAGEMENT OF
THE LAW. OR HAVE NO WAY OF
KNOWING HOW MANY KIDS ARE
ACTUALLY IN THEIR POSSESSION AND
YET WE KNOW THAT DNA IS A
VALUABLE TOOL IN TERMS OF
SOLVING CRIME FOR LAW
ENFORCEMENT.
TESTING IN DETROIT OF TEN
THOUSAND KIDS UNCOVERED OVER
EIGHT HUNDRED POTENTIAL SERIAL
RAPIST WHO HAVE COMMITTED CRIMES
IN OVER FORTY STATES AND
WASHINGTON DC. IN CLEVELAND.
TESTING OF THEIR FORTY FIVE
HUNDRED KIDS YIELDED MORE THAN
FOUR HUNDRED AND THIRTY FIVE
SERIAL RAPISTS.
THESE RESULTS UNDERSCORE WHAT
WE KNOW ABOUT SEX OFFENDERS THAT
THEY REAP AGAIN AND AGAIN THEY
COMMIT ALL KINDS OF CRIMES IN
THE OFTEN MOVE FROM STATE TO
STATE AND COMMUNITY TO
COMMUNITY.
BY PASSING SB FOURTEEN FORTY
NINE AND CHANGING THE SHOULD TO
SHALL CALIFORNIA WILL TAKE
DANGEROUS VIOLENT OFFENDERS OFF
THE STREET. IT WILL DEMONSTRATE
A COMMITMENT TO SURVIVORS TO
HELP THEM FIND A PATH TO
HEALING.
RATE NOW IN CALIFORNIA WHETHER
OR NOT A RAPE KIT GETS TESTED
DEPENDS ON ZIP CODE IN WHICH THE
SURVIVOR LIVES THIS IS NOT
ACCEPTABLE PRACTICE. WE CAN AND
WE MUST DO BETTER TO BRING
DIGNITY BACK INTO THE PROCESS
FOR VICTIMS ACROSS THE STATE. I
THINK YOU VERY MUCH FOR YOUR
ATTENTION TO THIS ISSUE I THINK
YOU.
CENTER LEYVA FOR ON YOUR
LEADERSHIP ON THIS ISSUE AYE AND
TO APPROPRIATE TWO MILLION
DOLLARS TO HELP LAW ENFORCEMENT
AGENCIES COMPLY WITH THE
PROPOSED AMENDMENTS IS AN
IMPORTANT FEATURE OF THIS BILL.
WE MUST COME TOGETHER TO SOLVE
THIS PROBLEM AND LOOK FORWARD TO
WORKING CLOSELY WITH YOU ALL TO
PACIFY DECISION.
THANK YOU.
OTHER WITNESSES IN SUPPORT.
BUT YOU'RE RIGHT SHERMAN WITH
THE RIVERSIDE SHERIFF'S
ASSOCIATION WE DON'T HAVE TO BE
IN A.
BACKLOG ON THE RAPE KITS
CURRENTLY IN RIVERSIDE COUNTY
BUT THE OTHER COUNTIES THAT DO
THEY CAN HELP US.
CLOTHES LA CASES IF THEY WERE.
EXPEDITED SO.
WORD SPORT A BILL THANK YOU.
MY CURIOSITY UP THE CITY OF
SACRAMENTO WITH SUPPORT OF THE
BILL.
GOOD MORNING GAIL STEWART WITH
SAN DIEGO COUNTY DISTRICT
ATTORNEY'S OFFICE IN SUPPORT OF
THE BILL.
MORNING SEAN HOFFMAN WITH THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION IN SUPPORT.
DO YOU HAVE ANY WITNESSES IN
OPPOSITION.
ALRIGHT SEEING NINE SENATORS
TOWN BEFORE I CALLING YOU ON TO
MAKE A COMMENT.
I THINK THAT.
.
ALL OF US
APPRECIATE THAT WORDS MATTER AND
I THINK IN RECENT TIMES WE'VE
BEEN EVEN MORE AWARE THAT WORDS
REALLY MATTER. AND IT IS ALWAYS
STRUCK ME WHEN I.
CARRIED THIS.
A SIMILAR BILL FEW YEARS AGO
AND I WOULD STAND BEFORE FOLKS
AND DESCRIBED AND I WOULD USE
THIS TERM RAPE KIT.
AND.
AND I THOUGHT ABOUT WHAT OTHER
WAY HOW TO USETHAT TERM SEWING
KIT MAKEUP KIT DO WE REFER TO
MURDER EVIDENCE.
AS A MURDER KICKED.
NO SO I WONDER SOMETIMES WHETHER
THE VERY TERMINOLOGY.
FAX THEN HOW WE TREAT THIS
EVIDENCE THIS IS EVIDENCE.
AND AS WAS DESCRIBED BY THE
WITNESS IT IS EVIDENCE THAT IS.
EXTRACTED IN EFFECT BERMAN
EXTENSIVE AND INVASIVE MEDICAL
EXAMINATION SO I AM NO LONGER
GOING TO USE THAT TERM.
AND.
I'M GONNA PUT IT IN THE PROPER
BAG CATEGORIZATION OF EVIDENCE
FROM A SERIOUS CRIME. THAT ALL
OF US WANT TO ENSURE IS RESOLVED
AND UNLESS WE FULLY DEAL WITH
THAT EVIDENCE AND GET THE
MATERIAL FROM THAT EVIDENCE INTO
OUR CRIME DATABASE.
WE HAVE LESS LIKELIHOOD OF
GETTING IT FULLY RESOLVED AS.
THE I. DATA IN THE MEDIA REPORTS
SHOW US AGAIN AND AGAIN AND
AGAIN SO I JUST WANT TO MAKE A
COMMENT THAT I WILL NO LONGER BE
REFERRING. TO WHAT IS BEEN
DESCRIBED HERE MULTIPLE TIMES
SENATOR STONE.
MADAM CHAIR AND.
CENTER LEYVA THANK YOU FOR FOR
BRINGING THIS FORWARD THIS IS A
ONE AREA WHERE YOU AND I
STRONGLY AGREE. I APPRECIATE
YOUR.
CHAMPIONING LAWS THAT.
GO AFTER PERPETRATORS OF SEXUAL
CRIMES AGAINST WOMEN AND MEN.
IT IN THE STATE OF CALIFORNIA.
THE.
AND I ALSO APPRECIATE.
DISTRICT ATTORNEY O'MALLEY I
SEEN YOU BEFORE THIS COMMITTEE A
NUMBER OF TIMES AND I GREATLY
APPRECIATE DE YOU SPENDING YOUR
VALUABLE TIME TO BE HERE TODAY
TO ADVOCATE ON SUCH IMPORTANT
ISSUES.
A YOU TALK ABOUT THE ROBOTICS A
LITTLE BIT.
COULD YOU TALK A BIT MORE ABOUT
THAT AND LIKE THIS NEW TO ME AND
HAS A DECREASE THE COST OF.
EXAMINING THESE KITS BECAUSE AS
YOU KNOW. WE HAVE ABOUT A NINE
THOUSAND KID BACKLOG IN THE
STATE OF CALIFORNIA AND I
APPLAUD YOUR COUNTY AND AND
RIVERSIDE COUNTY. FORCE FORGET
OR LIMITING THIS BACKLOG BECAUSE
I KNOW IT'S BEEN A TREMENDOUS
TOOL FOR YOU TO.
SOLVE SOME COLD CASES HIDDEN
HOLDING PEOPLE AUTOMATED
COUNTABLE FOR SOME OF THESE
THESE HEINOUS CRIMES.
SO.
HAS A REDUCED COST.
I WILL THE INITIAL INVESTMENT
IS.
POTENTIAL FOR SOME FOR THE CRIME
LABS THOUGH MOST OF THE COUNTIES
USE THE DEPARTMENT OF JUSTICE AS
THEIR CRIME LAB. AND THE
DEPARTMENT OF JUSTICE HAS.
SEVERAL.
PIECES OF OF TECHNOLOGY AND
EQUIPMENT THAT ONCE THE.
THE EVIDENCE IS EXTRACTED FROM
THE. EVIDENCE.
I THAT BUT THEN IT GOAT CAN JUST
GO THROUGH THE ROBOTIC PROCESS
SO IT TAKES A TECHNICIAN AND NOT
A CRIMINALIST WHO SPANNING.
GOING FROM STEP TO STEP TO STEP.
NOW OF COURSE IT TAKES THE
OVERSIGHT THERE'S NO QUESTION
ABOUT THAT. BUT ID ONCE THE
INVESTMENT IS MADE IN THE
TECHNOLOGY. THAT IT IT HAS NOT
ONLY STREAMLINED THE ABILITY TO
TEST THESE KIDS INTO IF THERE'S
ANY EVIDENCE TO BE ABLE TO.
UP IDENTIFIER PROFILING GET IT
INTO IT INTO THE DATABASE.
AND.
AND THERE IS ALSO THE USE OF
PRIVATE LABS THAT WORKING
CONJUNCTION WITH THE GOVERNMENT
LAB SO I WOULD SAY OUR. OUR
DEPARTMENT OF JUSTICE HAS A. HAS
REALLY MADE A BIG INVESTMENT IN
THIS AREA AND I WOULD ALSO SAY
THAT. CRIME LAB TUTOR THAT ARE
BUSY SUCH AS RIVERSIDE AND. LOS
ANGELES.
CITY OF LOS ANGELES OAKLAND A
CONTRA COSTA COUNTY THOSE.
CRIME LIVES HAVE MADE THE
INVESTMENT AND THEY ARE
EXPEDITING THE ABILITY TO TEST
THESE. THE EVIDENCE IN A VERY A
RAPID TIME. UNTIL THE AREA THEY
ARE ABLE TO COMPLY WITH WHAT
THIS LAW PROPOSES.
IN A MEANINGFUL WAY AND IT HAS
NOT IMPACTED THEM ONCE THE. ONCE
A ROBOTICS GET IN PLACE AND IF I
CAN ASK IT WOULD YOUR PROJECTION
IN THE NUMBER OF KIDS THAT
THE PITCHER GOING TO BE
ELIZA
IN YORKTOWN.
IN TWO THOUSAND AND EIGHTEEN
BASE ON TWO THOUSAND SEVENTEEN
NUMBER SO WE LOOK AT ABOUT THREE
HUNDRED AND FIFTY TO FOUR
HUNDRED E..
A YEAR.
AND A BASED ON PROBABLY ABOUT AN
AVERAGE COST OF ABOUT FIVE
HUNDRED A KID THERE'S TWO
MILLION DOLLARS ALLOCATED IT'S
FOUR THOUSAND KIDS FOR THE
ENTIRE STATE. DO YOU BOTH FEEL
THAT THAT IS AN APPROPRIATE
NUMBER TO COVER THE COST OF ALL
THE KIDS AT THE STATE OF
CALIFORNIA IS GOING TO NEED TO.
MAKE SURE WE CAN TEST.
ALL NEW ONES ARE NOT CREATE MORE
OF A BACKLOG THAT WE HAVE I
THINK THAT IT'S A LASER.
I THINK IT'S A GOOD START AND AS
THE AUDIO MEL AND I WERE
DISCUSSING THIS MORNING THERE
ACTUALLY ARE GRANTS. IT UP
PLEASE AGENCIES CAN APPLY FOR
FROM THE FEDERAL GOVERNMENT SO
WE CAN FIND THE MONEY.
I'M HAPPY TO SUPPORT YOUR BILL I
IDENTIFY CANNOT BE IT DELIGHTED
AND HONORED TO BE COOPER WE'D BE
HAPPY TO ADD YOU THINK YOU
CENTER STONE.
SENATOR MITCHELL AND SENATOR
JACKSON'S THANK YOU VERY MUCH.
AT THE PERFECT TIME I LIKE TO
MOVE THE BILL ON MADAM CHAIR
BECAUSE I CERTAINLY SUPPORT
SHALL VERSUS HERE TODAY. BOB MY
QUESTION I JUST WANTED TO
ELEVATE THE QUESTION IF REFLECT
IN THE OF THE FINAL PAGE OF THE
ANALYSIS THAT THAT.
QUESTIONS WHETHER NOT IT'S.
MORE APPROPRIATE HAT.
THE DISTRIBUTING ENTITY BE THE
DEPARTMENT OF JUSTICE VERSUS
OFFICE OF EMERGENCY SERVICES OR
BE FCC. UP MY ASSUMPTION WAS
BECAUSE DEPARTMENT JUSTICE
ALREADY MANAGES THE ENTIRE
PROCESS IT MADE SENSE AND I'M
ASSUMING THAT JUST BECAUSE BOTH
TO OTHER ENTITIES DO MANAGE
GRANT PROGRAMS THAT THAT WAS.
THE INFERENCE.
.
I DON'T THINK THERE'S ANY
CONCERN BUT I CERTAINLY
UNDERSTAND THE RATIONALE ARE
AROUND DEPARTMENT OF. JUSTICE
AND CERTAINLY WOULDN'T PUT BE
SEC ON THE LEFT.
PUT MINISTER ANYTHING ADDITIONAL
SO.
I DON'T KNOW IF THERE WAS ANY
DEEPER CONCERN ARE.
BUT I WASN'T GETTING.
I THINK THAT'S WHY WE DIDN'T
RECOMMENDED AMENDMENT YET
BECAUSE IT DOES GO TO DEPARTMENT
OF JUSTICE BUT I THINK WE WERE
RACING SINCE ULTIMATELY THE. P.
ALLOCATION OF PRIDE BE DONE
THROUGH THE BUDGET THAT.
BUT IT LEASE THEIR.
WOULD BE ABLE TO HAVE.
PEOPLE THAT ANALYZE.
THIS FROM THAT POINT OF VIEW BE
ABLE TO FIGURE OUT WHAT THE
APPROPRIATE PLACES IF.
THE DEPARTMENT OF JUSTICE IS
NOT.
GOT IT RIGHT AND GET ON WITH THE
BILL VERY GREAT. SENATOR JACKSON
THANK YOU I THINK THE THE
SENATOR MITCHELL.
ASK THE QUESTIONS I WANTED TO
BUT.
THE I WANT TO THANK THE SENATOR
FOR DOING ASSN ASKED TO BE ADDED
AS A CO AUTHOR THIS IS LONG
OVERDUE IN THE STATISTICS OF HOW
EFFECTIVE.
OF THESE TESTS CAN BE AT FINDING
THE SERIAL RAPISTS IS JUST
INEXCUSABLE WE HAVEN'T DONE IT
SOONER SO. THANK YOU AND IF I
MAY BE ADDED AS CO AUTHOR WOULD
BE HAPPY TO HAVE ITS SENATOR
JACKSON THANK YOU.
ALRIGHT WE WILL.
SENATOR LEYVA IF YOU WOULD ADD
ME ALSO AS A CO AUTHOR TO THIS
BILL THAT WILL ENSURE THAT WE
TEST THE EVIDENCE FROM SEXUAL
ASSAULTS. ON.
AND WITH THAT.
WE WILL.
TAKE ROLL CALL.
MISSION IS TO PASS THROUGH
APPROPRIATIONS SKINNER.
BY THERE I BRADFORD.
JACKSON ON JACKSON AYE MITCHELL.
MITCHELL AYE STONE STONE AYE
WIENER.
WIENER AYE.
BOTTOM WILL HOLD UP A RULE OPEN
FOR MISSING MEMBER AND WE WILL
NOW GO TO AND THANKS VERY MUCH
THANK YOU MADAM CHAIR THANK YOU
MEMBERS.
I CENTER GAINES IS HERE SO WE
WILL GO TO S. B. NINE ELEVEN.
NO PICTURES.
YEAH.
STERN IS.
WANTING. SPARKED IN WHAT WE SAY.
YEAH.
THE MORNING.
MORNING SENATOR GAINES PLEASE
PROCEEDED THIS IS S. B. NINE
ELEVEN RIGHT THANK YOU YES
APPRECIATE THAT.
.
SURE SKINNER AND.
.
BUT IF GOD HERE TODAY.
MADAM CHAIR MEMBERS. IS TWO
PRESENT FOR YOUR CONSIDERATION
SENATE BILL NINE ELEVEN.
THE POLICE DOG PROTECTION ACT OF
TWENTY EIGHTEEN.
PLEASE START SERVE ON THE FRONT
LINES EVERY DAY PROTECTING OUR
COMMUNITY. UNDER CURRENT LAW IF
A PERSON INTENTIONALLY KILLS A
POLICE DOG ON DUTY THEY CAN BE
PROSECUTED AS A MISDEMEANOR.
THIS BILL WOULD CLARIFY THE
INTENTIONAL KILLING OF A.
DOGGONE DUTY A POLICE DOG.
AS A FELONY.
I THIS IS THE SAME BILL THAT WAS
PASSED BY THE NEW YORK
LEGISLATURE SIGNED BY GOVERNOR
CUOMO JUST A FEW YEARS AGO. THIS
BILL WAS ALSO PASSED IN OTHER
STATES INCLUDING FLORIDA.
AND SEVERAL OTHER STATES ARE
CONSIDERING THE SAME MEASURE.
AS YOU WELL WELL MAY KNOW
STEALING SOMETHING IN
CALIFORNIA.
IT HAS A VALUE OF MORE THAN NINE
HUNDRED FIFTY DOLLARS IS
CONSIDERED A FELONY.
THAT IS THE THRESHOLD BETWEEN A
MISDEMEANOR AND A FELONY. A
MEMBERS.
THERE'S NO PLEASE TALKING
CALIFORNIA WORTH LESS THAN NINE
HUNDRED AND FIFTY DOLLARS.
COSTS.
CAN VARY ANYWHERE FROM TEN TO
TWENTY THOUSAND DOLLARS FOR. THE
PURCHASE AND THAT CONTINUAL
TRAINING.
DURING THE. TENURE OF SERVICE.
FOR THE POLICE DOG.
AND.
MEMBERS THIS BILL HAS
BIPARTISAN SUPPORT NO OPPOSITION
I'D RESPECTFULLY ASK FOR YOUR
AYE VOTE.
AND HERE WITH ME TO TESTIFY IN
SUPPORT. ON BEHALF OF THE
CALIFORNIA FISH AND GAME WARDENS
ASSOCIATION IS JOE DIVINE.
AND ALSO HERE TO ANSWER ANY
QUESTIONS YOU MAY HAVE IS STEP
THE SEAN GILLESPIE. WITH HIS
PARTNER CARGO.
THANK YOU.
FIVE PLEASE LEAVE ROOM.
WITNESS IN SUPPORT YOU MAY
PROCEED.
THANK YOU MADAM CHAIR JOE DIVINE
COMPLIED WITH VISORS ON BEHALF
THE CALIFORNIA FISH AND GAME
WARDENS ASSOCIATION AYE IN
SUPPORT OF THE MEASURE HERE
TODAY. THE CITY OF W.
PROSECUTING THE CD AT W. HAS
SEVERAL KEY NINETEEN CSUS
SPECIAL OPERATIONS
THE MARIJUANA ENFORCEMENT TEAM.
HIS PRIMARY FOCUS IS TO DETECT
APPREHEND DETER AND RECLAIM
UNLAWFUL MEREB WHERE MARIJUANA
CULTIVATION ON PUBLIC LANDS BY
TO DRUG TRAFFICKING
ORGANIZATIONS.
THE SUSPECTS ARE FREQUENTLY ARM
TO POST A SUBSTANTIAL THREAT
OFFICERS AS WELL AS THE PUBLIC.
THE CD AT W. CANINE TEAMS ARE
FREQUENTLY THE TIP OF THE SPEAR
ON THESE TYPE OF OPERATIONS.
SEVERAL OTHER DOGS HAVE BEEN HIT
KICKS AND NEARLY STABBED ON
SEVERAL OCCASIONS.
AT THE SAME TIME THESE FEARLESS
HIGHLY TRAINED ANIMALS HAVE
REPAID THE HIGH MONETARY COSTS
TO THE CDF W. BY SAVING LIVES
AND PREVENTING ESCALATED USE OF
FORCE.
AS SUCH THIS YEAR GW A IS PROUD
TO JOIN OTHER CALIFORNIA LAW
ENFORCEMENT OFFICERS AND
AGENCIES IN SUPPORT OF SB NINE
ELEVEN. THANK YOU.
THANK YOU ARE THERE ANY OTHER
WITNESSES IN SUPPORT.
THE BILL.
OKAY.
THANK YOU MADAM CHAIR SHOT OFTEN
WITH CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION SUPPORT.
I'M SURE MEMBERS COURSE ALSO ON
BEHALF OF THE CALIFORNIA STATE
SHERIFFS ASSOCIATION SUPPORT.
SEAN ON WHAT THE CALIFORNIA
PEACE OFFICERS ASSOCIATION
SUPPORT.
BRANCH AND WITH THE RIVERSIDE
SHERIFF'S ASSOCIATION SUPPORT.
ANY OTHER WITNESSES IN SUPPORT
WITNESSES IN OPPOSITION.
THE BILL.
ALRIGHT SEEM NINE SENATOR
MITCHELL.
THANK YOU VERY MUCH.
MADAM CHAIR.
.
CENTER GAINES WITH ALL DUE
RESPECT I'M GOING TO HAVE THAT
STAYING FROM VOTING ON THE BILL
TODAY AND I JUST NEED YOU TO
UNDERSTAND WHY WHILE I HAVE BEEN
A LIFELONG DOG OWNER.
AND INCOMPLETELY PREACHING
DEEPLY RESPECT.
ON TRAINED HIGHLY SKILLED
TRAINED DOGS.
WHO HAVE PEACE OFFICER STATUS
PUT YOUR LIFE ON THE LINES THE
AMAZING SPECIMENS THOSE
INCREDIBLE HORSES THE HIGHLY
PATROL USE ON THIS?
THESE VERY GROUNDS.
IT'S JUST DIFFICULT FOR ME
TODAY.
GIVEN WHAT WE ARE FACING AS A
COUNTRY.
WHERE THERE ARE SEGMENTS OF OUR
COMMUNITY?
WHO FEEL NO JUSTICE IS SERVED
WITH MEMBERS OF LAW ENFORCEMENT
HAVE USED EXCESSIVE FORCE AND
KILLED HUMANS?
IT JUST GIVES ME PAUSE AT THIS
POINT TO CAST MY VOTE BOMB ON
THE BILL THAT WOULD ELEVATE.
.
THE KILLING OF THE DOG OR HORSE
TO FELONY STATUS.
IT JUST GIVES ME PAUSE I HAVE TO
SAY. I I APPRECIATE THAT YOUR
BILL DOESN'T INCREASE THE
PENALTY BUT I ALSO APPRECIATE
THAT CURRENTLY.
IF SOMEONE INTENTIONALLY
INJURES A POLICE DOG A HORSE
THAT THEY EVEN IF THEY'RE IF
THEY'RE CHARGED WITH A FELONY.
THAT THEY CAN HAVE AN
ENHANCEMENT ON THE CURRENT
MISDEMEANOR SO IT'S NOT AS IF
YOU DON'T CURRENT LAW DOESN'T
CARRY A PENALTY. BUT I HOPE YOU
APPRECIATE MY POSITION THAT WHAT
WE ARE GRAPPLING WITH THAT AS A
NATION TODAY.
IT WOULD MAKE THIS KIND OF A
VERY DIFFICULT FOR ME UNTIL WE
ARE ABLE TO HAVE A BROADER
CONVERSATION.
.
TO DEAL WITH THAT BROADER ISSUE
IN TERMS OF. ACTUAL HUMAN LOSS
OF LIFE.
THANK YOU MADAM CHAIR.
WE HAVE ANY OTHER COMMENTS FROM
THE DYESS.
SO.
.
SENATOR MITCHELL I APPRECIATE
VERY MUCH YOUR TIME COMMENTS AND
WE STRUGGLED WITH THIS ONE.
FIVE I DIDN'T WANT TO.
CLEAR FIGHT BECAUSE THE AUTHOR.
WE PRESENTED IT A LITTLE BIT
DIFFERENTLY THEN.
THE BILL ANALYSIS WHICH IS THAT
THE LAW CURRENTLY IS A WAFFLER.
SO AS A RESULT OF IT BEING A LOT
WAFFLER.
FEAR IT COULD BE JUST AS MANY
OF THE INCIDENTS CHARGED AS
FELONIES AS MISDEMEANORS IF NOT
MORE.
BUT ADDITIONALLY THE CURRENT LAW
DOES INCLUDE THE ENHANCEMENT
SO. THE COMMITTEE FELT THAT.
WELL YEAH IT IS ABSOLUTELY
CORRECT THAT THIS DOES CHANGE A
WAFFLER TO A FELONY IT DOES
ELIMINATE THE ENHANCEMENT.
BUT THAT SAID IT DOES ENSURE
THAT IT'S A FELONY INSTEAD OF
BEING A WAFFLER SO. YOU KNOW ONE
MIGHT SAY.
.
PERHAPS.
THE THE BILL SHOULD STAY
WAFFLER IN JUST REMOVE THE
ENHANCEMENT BUT.
I THAT IS NOT WHAT SENATOR
GAINES IS PROPOSING.
.
SO JUST WANTED TO PUT THAT IN
THE RECORD. BY.
SENATORS STONE HAS IN MOTION.
.
LET'S CALL THE ROLL.
MOTION IS THE PASTOR
APPROPRIATIONS SKINNER.
BRADFORD.
JACKSON.
JACKSON I.
STONE AYE STONE AYE WIENER.
WIENER AYE.
SO WILL HOLD THAT.
ROLE OPEN.
AND.
.
I IF THE BILL.
DOES NOT.
PASS ON THE ROLE WE WILL
GRANITE RECONSIDERATION
WONDERFUL.
OKAY I KEEP. RIGHT.
THANK YOU TIME.
WE WILL NOW.
YOU WOULD SEE POOR SENATOR STERN
HITMAN HERE SO LONG AND NO HE'S
GONE AGAIN.
.
YES YES.
.
SO SENATOR LARA YOU'D GET TO
PRESENT YOUR BILL S. B. THIRTEEN
NINETY ONE.
THANK YOU. THANK YOU MADAM CHAIR
MEMBERS LED TO INTRODUCE.
AND TALK ABOUT S. B. THIRTEEN
NINETY ONE. WHICH IS PART OF
CENTER HOLLY MITCHELL AND OURS
EQUITY AND JUSTICE TO POINT NO
PUTS THE PACKAGE AS WE CONTINUE
TO FIGHT.
FOR OUR YOUTH CURRENTLY AND THE
ADULT PRISON SYSTEM. S. B.
THIRTY NINETY ONE MEMBERS IS
IT'S VERY EASY IT SIMPLY
PROHIBITS CHILDREN AGES OF
FOURTEEN AND FIFTEEN FROM BEING
TRIED AS ADULTS IN CRIMINAL
COURT. AND SUBSEQUENTLY SENT TO
ADULT PRISON.
CURRENTLY IN CALIFORNIA YOU
AGES FOURTEEN AND FIFTEEN WHO
COMMIT CRIMES CAN BE TRIED AS
ADULTS AND SENTENCED TO ADULT
PRISON. THISPRACTICE MEMBERS
STARTED IN THE NINETIES AT THAT
TIME IN CALIFORNIA HISTORY WHERE
THERE WAS MASS PANIC OVER
JUVENILE CRIME.
BACK THEN SOCIETY BELIEVE THAT
YOUNG PEOPLE WERE FULLY
DEVELOPED AROUND THE AGE OF
FOURTEEN.
AS WE KNOW THAT'S LUDICROUS AND
PICKING AT MY FOURTEEN OUTSIDE
OF.
AND IF THEY COMMITTED A CRIME
EVEN AT THAT YOUNG AGE THEY
WOULD ALWAYS BE CRIMINALS NOW
RESEARCH HAS CLEARLY.
DEEP BOND THAT MET COGNITIVE
SCIENCE HAS SHOWN THAT CHILDREN
AND YOU TO COMMIT CRIMES ARE
VERY CAPABLE OF CHANGE. AND MANY
EXPERIENCE TRAUMA AND ABUSE THAT
IMPACTS OUR DECISIONS MAKING.
.
WE OWE THESE AWFUL DECISIONS.
THE YOUNGEST TEAMS IN OUR
SYSTEM NEED TO BE HELD
ACCOUNTABLE FOR THEIR ACTIONS
BUT THEY ALSO REQUIRE AGE
APPROPRIATE SERVICES AND
PROGRAMS TO REHABILITATE AND
GROWING TO HEALTHY MATURE
ADULTS.
KEEPING YOUTH IN THE JUVENILE
SYSTEM DOES NOT MEAN THEY GET A
SLAP ON THE WRIST MEMBERS MANY
OF YOU HAVE VISITED.
DJJ AND UNDERSTAND AND SEEN
THAT IT IS A PRISON.
IT IS JAIL.
SOME OF THESE YOUTH MAY HAVE
COMMITTED VERY SERIOUS CRIMES
AND THEY WILL BE PUNISHED
INCARCERATION IN THE DEPARTMENT
OF JUVENILE JUSTICE.
I IT. AND WE ARE ADAMANT ABOUT
THIS BECAUSE WE KNOW THAT DJJ
HAS THE APPROPRIATE
REHABILITATION EDUCATIONAL
SERVICES FOR THESE YOUNG
OFFENDERS.
THE BILL STILL MAINTAINS THAT
YOU TO WHO COMMIT SERIOUS CRIMES
DESERVE PUNISHMENT JUST LIKE
EVERYONE ELSE. BUT THAT IT
SHOULD BE AN AGE APPROPRIATE
SETTING WHERE THEY CAN BENEFIT
FROM COUNSELING EDUCATION AND
REHABILITATION PROGRAMS.
KEEPING YOUTH IN THE JUVENILE
JUSTICE SYSTEM MEANS THAT THEY
WILL BE REQUIRED TO BE IN
TREATMENT COUNSELING AND
REHABILITATION PROGRAMS AS
PREVIOUSLY MENTIONED.
PEOPLE IN THE ADULT SYSTEM ARE
NOT REQUIRED TO BE IN
REHABILITATIVE PROGRAMS AND MANY
YOUNG PEOPLE SENTENCED TO ADULT
PRISON DON'T EVEN HAVE ACCESS TO
SERVICES UNTIL. FOR THEIR WAY
INTO THEIR SENTENCES I USED TO
COMMIT CRIMES ARE. FAIR ARE FARE
MUCH BETTER IN THE JUVENILE
SYSTEM THAN IN THE ADULT SYSTEM
BECAUSE THEY BENEFIT FROM THE
REHABILITATIVE SERVICES AND ARE
ALSO LESS LIKELY TO COMMIT
CRIMES IN THE FUTURE. THEN YOU
AND THE ADULT SYSTEM.
MEMBERS I JUST WANT TO REITERATE
YOU GONNA HEAR FROM THE
OPPOSITION OF THESE VERY HEINOUS
CRIMES THAT HAVE BEEN COMMITTED.
AND AND OVEREMPHASIZE THE FACT
THAT BEAT THESE CHILDREN TO BE
IN THE ADULT SYSTEM BUT I JUST
WANNA BE VERY CLEAR IN TWENTY
FIFTEEN. TWENTY SIX.
FOURTEEN AND FOR A FIFTEEN YEAR
OLDS WERE SENT TO ADULT SYSTEM
FOR ROBBERIES TWELVE FOR ASSAULT
AND ONE FOR CAR THEFT.
AND WE KNOW THAT THE MAJORITY OF
THESE YOUTH HAVE BEEN YOUTH OF
COLOR AFRICAN AMERICAN AND
LATINO YOUTH. LET'S GIVE OUR
YOUTH AN OPPORTUNITY TO
REHABILITATE. ARE STILL BE ABLE
TO DO THAT TIME SERVED FOR THE
CRIME THEY COMMITTED AND ALLOW
THEM TO BE ABLE TO RECTIFY THEIR
LIFE WITH I RESPECTFULLY ASK FOR
AYE VOTE.
WE'RE HERE NOW FROM YOUR
WITNESSES IN SUPPORT. GO AHEAD.
THANK YOU MADAM CHAIR AND
MEMBERS OF THE PUBLIC SAFETY
COMMITTEE MY NAME IS FRANK IT
WAS MIND NUMBING ATTORNEY AT THE
NATIONAL CENTER FOR YOUTH LAW
OAKLAND. I'M HERE TO SUPPORT
SENATE BILL THIRTEEN NINETY ONE.
FOURTEEN AND FIFTEEN YEAR OLDS
ARE NOT ADULTS.
OVER THE LAST THIRTY YEARS
OVERWHELMING RESEARCH IN
DEVELOPMENTAL SCIENCE HAS PROVEN
THIS.
NUMEROUS NEUROLOGICAL STUDIES
HAVE SHOWN THAT THE FORMAL.
RESPONSIBLE FOR EXECUTIVE
FUNCTIONS.
I APPRECIATE RISKS CONTROLLING
IMPULSIVITY AND RESISTING PEER
PRESSURES ARE PEER INFLUENCES
THE STILL DEVELOPING AND
TEENAGERS AND THIS IS
PARTICULARLY TRUE IN YOUNG
TEENS.
CALIFORNIA'S LAWS ALREADY
RECOGNIZED THAT FOURTEEN AND
FIFTEEN YEAR OLDS ARE SPECIALLY
IMMATURE AND VULNERABLE.
FOURTEENOF FIFTEEN YEAR OLDS
CAN GET A DRIVER'S LICENSE.
WATCHING ALREADY MOVING
BILATERIAN TICKET.
BUT STOP ATTENDING SCHOOL WAY
THEIR CONSTITUTIONAL RIGHTS
BEFORE OF CONSULTING WITH AN
ATTORNEY OR TRAVEL ALONG WITHOUT
PARENTAL PURPOSE OF PERMISSION.
HOWEVER IN CALIFORNIA FOURTEEN
FIFTEEN YEAR OLDS CAN BE
PROSECUTED AS ADULTS.
AT B. THINGS TO LIFE IN PRISON.
IN FACT THE CALIFORNIA SUPREME
COURT HAS CHARACTERIZED THE
TRANSFER OF YOU TO ADULT COURT
PASSED THE WORST PUNISHMENT. THE
JUVENILE SYSTEM IS EMPOWER TO
INFLICT ON CHILDREN.
TRANSFER TO ADULT COURT. OF
THESE YOUNG TEENS SHOULD NEVER
HAPPEN.
OUR JUVENILE SYSTEM IS NOT ONLY
EQUIPPED.
TO DEAL WITH FOURTEEN A FIFTEEN
YEAR OLDS IT IS DESIGNED TO DEAL
WITH YOUTH WHO COMMIT SERIOUS
CRIMES.
IN FACT PRIOR TO NINETEEN NINETY
FIVE CALIFORNIA DID NOT
PROSECUTE FOURTEEN FIFTEEN YEAR
OLDS AS ADULTS INSTEAD ALL
CHILDREN UNDER SIXTEEN. WHO
COMMITTED CRIMES WERE DEALT WITH
IN THE JUVENILE SYSTEM?
THAT NINETEEN NINETY FIVE
CHANGING LAW MUST BE UNDERSTOOD
IN HISTORICAL CONTEXT.
AMID A MEDIA FRENZY THAT
DEPICTED YOUTH OF COLOR AS SUPER
PREDATORS RACIALIZED TOUGH ON
CRIME LAWS WERE PASSED IN
CALIFORNIA AND ACROSS THE
NATION.
THIS HISTORY CONTINUES TO
INFLUENCE PERCEPTIONS OF YOUTH
OF COLOR AS INHERENTLY MORE
DANGEROUS AND DESERVING OF THE
HARSHEST PUNISHMENT.
THIS AFFECT CONTINUES TODAY.
OVER THE PAST DECADE BLACK YOUTH
IN CALIFORNIA WERE TEN TIMES
MORE LIKELY THAN WHITE USED TO
BE PROSECUTED AS ADULTS. AND
LATINOS WERE NEARLY FIVE TIMES
AS LIKELY AS WHITE YOUTH TO BE
PROSECUTED AS ADULTS.
MEANWHILE DECADES OF RESEARCH
DEMONSTRATE TWO IMPORTANT POINTS
FIRST.
FOURTEEN A FIFTEEN YEAR OLDS ARE
MORE SIMILAR TO TWELVE AND
THIRTEEN YEAR OLDS THAN THE ARE.
TO SIXTEEN AND SEVENTEEN YEAR
OLDS IN TERMS OF BRAIN
DEVELOPMENT AND EXECUTIVE
FUNCTION AND.
THAT MEANS THE YOUNGER TEENS ARE
LESS CULPABLE FOR THEIR MISDEEDS
AND PRESENT POSSESS A GREATER
CAPACITY.
TO CHANGE REHABILITATE THAT ARE
OLDER PEOPLE.
AND SECOND. YOU'VE KEPT IN THE
JUVENILE JUSTICE SYSTEM ARE
ENTITLED TO EDUCATION AND
REHABILITATIVE SERVICES NOT
AVAILABLE IN THE ADULT SYSTEM.
YOU'VE. YOU FOR TEN THE JUVENILE
SYSTEM ARE LESS LIKELY THAN
ADULTS THAT NEW FOR THE ADULT
SYSTEM TO COMMIT.
THEY ARE MORE LIKELY TO BUILD
STRONGER COMMUNITY CONNECTIONS
AT TO CONTRIBUTE ECONOMICALLY TO
SOCIETY.
I KNOW THIS TO BE TRUE
PERSONALLY. WHEN I WAS FIFTEEN
YEARS OLD A FRIEND I ROB A
LIQUOR STORE WITH ARMED WITH
HANDGUNS.
I WAS COMMITTED TO WHAT IS NOW.
CALLED THE DIVISION OF JUVENILE
JUSTICE.
THERE ARE RECEIVED EDUCATION AND
TREATMENT THAT I NEEDED.
WHEN RELEASED I WENT TO COLLEGE.
I THRIVED IN PART LATER IN LIFE
BECAUSE I HAD A CHANCE TO REMAIN
THE JUVENILE JUSTICE SYSTEM.
MY FRIEND HOWEVER WAS NOT SO
LUCKY HE WAS REMOVED FROM THE
JUVENILE SYSTEM AT CENTER GOOGLE
CRIMINAL COURT. HE ENTERED DAHLE
PRISON AND HIS LIFE SPIRAL
DOWNWARD FROM THERE. HE DID NOT
GET THE REHABILITATIVE
OPPORTUNITIES THAT I RECEIVED.
I I KNOW HOW MUCH WE BOTH NEEDED
THAT DIRECTION AND HELP I GOT IT
AND HE DID NOT.
IN FACT OVER THE LAST TEN YEARS
WE ARE SENT OVER OR MORE THAN
ONE THOUSAND FOURTEEN A FIFTEEN
YEAR OLD TO THE ADULT SYSTEM
MANY OF WHOM ENDED UP IN THE
ADULT SYSTEM. DUE TO HAVING THE
MISFORTUNE O LIVING IN THE
COUNTY WHERE THE LOCAL
PROSECUTOR.
THOUGHT TO TRANSFER ANY ELIGIBLE
CASE TO THE ADULT SYSTEM OR HAD
UNDER RESOURCE DEFENSE ATTORNEY
OR EVEN IN A COMPETENT DEFENSE
ATTORNEY.
SENATE BILL THIRTEEN NINETY ONE
WOULD ELIMINATE THESE
INEQUALITIES AND GUARANTEED THAT
THE ISSUE YOUTH.
WHO NEED TREATMENT AND RESOURCES
GET THE APPROPRIATE TREATMENT
THAT THEY'D NEED?
BY RETURNING TO A SYSTEM WERE
FIFTH FOURTEEN A FIFTEEN YEAR
OLDS ARE ARE TREATED YOUTH.
CALIFORNIA CAN REDUCE THE HIGH
COST OF UNNECESSARY LONG TERM
INCARCERATION. OF PEOPLE WHO
COMMITTED A CRIME AT A VERY
YOUNG AGE WHILE IMPROVING PUBLIC
SAFETY. I URGE ARRIVAL ON SENATE
BILL THIRTEEN NINETY ONE THANK
YOU.
NEXT WITNESS CHO HAD THANK YOU
THANK YOU MADAM CHAIR IS MY
HONOR TO BE HERE TODAY IN
SUPPORT OF SB THIRTEEN NINETY
ONE.
MY NAME IS DANNY MENDOZA OUR
GRADUATE I WILL GRADUATE UC
DAVIS THIS YEAR WITH A DEGREE IN
SOCIOLOGY.
I'M A CONSULTANT FOR THE ANNIE
CASEY FOUNDATION.
LAST MONTH I WAS HONORED TO
RECEIVE THE UC DAVIS HAVE SINGLE
LEADER AWARD.
AND MY FREE TIME OF ALL INTO OUR
LOCAL JUVENILE HALL TEACHING A
WRITING CLASS.
MOST SIGNIFICANTLY TODAY HOWEVER
IS THAT I STAND BEFORE YOU S.
LIVING PROOF OF THE IMPORTANCE
OF THIS BILL.
EVEN YOUTH ACCUSED OF COMMITTING
THE MOST SERIOUS CRIMES SHOULD
NOT BE DISPOSABLE.
WE CAN GROW BEGIN CHANGE
CONTRIBUTOR COMMUNITIES.
WHEN I WAS FOURTEEN YEARS OLD
THE COMMITTED FIRST DEGREE GANG
RELATED MURDER.
HOUSE TRIES IN THE DOUGH AND
BASED TO CENTERS OF THIRTY FIVE
YEARS TO LIFE IN PRISON.
EVERY TIME I WON OF COURSE I
LISTEN TO PEOPLE TALK ABOUT ME.
THE DA SAID I WAS INCORRIGIBLE.
BUT SAID I WAS A HARDENED
CRIMINAL. AND THEN MOVE BEHAVIOR
STEMS FROM BEING A QUORUM CALL
BAD KID.
I WAS FOURTEEN YEARS OLD AND I
BARELY KNEW. THE DEFINITIONS OF
THESE WORDS THAT WERE USED TO
DESCRIBE ME.
BUT THE MEANING WAS CLEARED I
LISTENED AND I TOOK IT AND.
AND PART OF ME BELIEVED THEM.
TRUTH THIS SECOND UNDERSTAND
MUCH ABOUT WHAT WAS HAPPENING
COURT.
WHEN I WAS LOOKING THERE DO NOT
GO TO AN ADULT PRISON
IMMEDIATELY.
I KNOW WAS HEADED THERE.
AN EVEN THOUGH I REALLY DO NOT
COMPREHEND WHAT THAT WOULD MEAN
I KNEW THAT AT THAT YOUNG AGE I
WAS SCARED.
I STARTED OUT FOCUSED IMPROVING
TO PEOPLE AROUND ME THAT WAS
TOUGH THINKING THAT WAS THE WAY
TO SURVIVE IN THEIR.
BUT MY CASE DRAGGED ON FOR A
LONG TIME. AND BECAUSE I WAS IN
THE U. FACILITY I WAS REQUIRED
TO ENGAGE IN EDUCATION.
AND SOMETHING HAPPENED TO ME.
WITH TIME ARE START OF GROW AND
MATURE TO THE HELP OF CARING
ADULT AND SERVICES PROVIDED AT
THE TO AN INSTITUTION.
I'VE FOUND I ACTUALLY LIKE
SCHOOL.
I HAD MENTORS WHO BELIEVED IN ME
AND HELP ME REJECT THE DA'S
LABELS.
THEN WHAT I LEARNED THERE WAS AN
EXTREMELY RARE MOVE BUTLER'S GOT
MY CASE SENT BACK TO JUVENILE
COURT.
I KNOW OUR YOUNG PEOPLE HAVE THE
POTENTIAL TO CHANGE.
THAT JUST SAY WHAT I WAS LUCKY
ENOUGH TO RECEIVE.
THE JUVENILE SYSTEM HELP ME
ACCOUNTABLE FOR MY ACTIONS.
I LEARNED I REALLY LEARNED WHAT
I DID WRONG AND WHY.
AT THE SAME TIME THE JUVENILE
SYSTEM GIVE ME OPPORTUNITIES
THAT WE INTEGRITY MY GROWTH.
I'M NOT IN THE SECTION BUT JUST
A REPRESENTATION OF WHAT HAPPENS
WHEN YOUNG PEOPLE WHO COMMIT THE
MOST SERIOUS CRIMES. GET THE
SUPPORT AND SERVICES THAT THEY
NEED.
I THINK SOMETIMES WHAT WOULD I
BE OF MY KIDS HADN'T BEEN IN
JUVENILE COURT.
WHO WOULD IT BE TODAY AFTER NINE
YEARS OF BEING LOCKED UP AND
FACE MANY MORE YEARS IN PRISON?
ANNOUNCED THAT I AM A PERSON WHO
GIVES BACK TO MY COMMUNITY
EVERYDAY.
I RESPECTFULLY ASK FOR YOUR ABLE
FOR THIS IMPORTANT BILL SO THAT
ALL FOURTEEN OF FIFTEEN YEAR
OLDS WHO COMMIT SERIOUS CRIMES
HAVE A SECOND CHANCE. THANK YOU.
THANK YOU.
ANY OTHER WITNESSES IN SUPPORT.
PLEASE AT THE MIKE.
AND YOUR.
.
NAME AND AFFILIATION MADAM
CHAIRMAN MADAM CHAIR MEMBERS
AGNOSTIC HERNANDEZ ON BEHALF THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE AND SUPPORT.
WE CAN OPENS YOU JUSTICE
COALITION MORE IN STRONG
SUPPORT.
HELLO MY NAME IS REPEAT THAT
WHAT THE U. JUSTICE COALITION
AND I AM HERE FOR STEVEN WHO WAS
FOURTEEN WHEN HE WAS TRANSFERRED
INTO ADULT COURT. AND SIR AND
SENTENCED TO FIFTY YEARS TO
LIVE.
MCKINNEY ROBERT THE DO YOU JUST
COALITION FROM LOS ANGELES
CALIFORNIA AND A STRONG SUPPORT
THIS.
UNDER MONDAY'S.
I DILLON THE VASE FROM LOS
ANGELES CALIFORNIA FROM USERS IS
BECAUSE THIS ISN'T AND I SAW THE
SUPPORT HIS BILL.
I AM JOURNAL BARBARA FROM USED
JUSTICE COALITION LOS ANGELES I
STRONGLY SUPPORT THIS AS WELL.
I'LL GARRETSON I'M FROM OAKLAND
CALIFORNIA AND SIXTEEN YEARS OLD
AND I STRONGLY SUPPORT THIS
BILL.
AND CAMERON FREDRIKA TEACHER
WITH THE OAKLAND UNIFIED SCHOOL
DISTRICT AND I STRONGLY SUPPORT
THIS BILL.
I AM TWO ONE SMITH THAT YOUTH
ADVOCATE FOR IT YOU'VE JUST
COALITION ON A STRONG SUPPORT
HIS BILL TOPPER CALIFORNIA.
AND THEM AS VETERAN ROBOTS FROM
EAST LA AND I STRONGLY SUPPORT
THIS BILL FROM USE YOUTH JUSTICE
COALITION.
AND YOU KNOW IT ASIAN AMERICANS
ADVANCING JUSTICE CALIFORNIANS
STRONG SUPPORT.
DONNA MENDELL REPRESENTING
SANFRANCISCO PUBLIC DEFENDER
JEFF ADACHI AND OUR JUVENILE
UNIT WHICH IS THERE TO PROTECT
AND DEFEND YOUTH AND CHILDREN WE
ARE STRONGLY IN SUPPORT OF THIS
BILL.
THE MORNING MADAM CHAIR COMEDIAN
AMBER ROSE HOWARD WAS
CALIFORNIA'S UNITED FOR A
RESPONSIBLE BUDGET AND WE
STRONGLY SUPPORT THIS BILL.
GOOD MORNING MY NAME IS WORLD
AIRLINE ROSS NAM WITH THE
CALIFORNIA COALITION FOR WOMEN
PRISONERS AND WE STRONGLY
SUPPORT THIS BILL.
GOOD MORNING MY NAME IS SABINA
ACROSS CITY I'M FROM THE SAN
FRANCISCO BAY AREA I'M HERE ON
BEHALF OF LEGAL SERVICES FOR
PRISONERS WITH CHILDREN AND WE
ARE IN STRONG SUPPORT OF THE
BILL THANK YOU.
THE MORE NAY MY NAME IS NOT A
GOOD DINO REPRESENT ALL OF US
ARE NINE FOR RICHMOND CALIFORNIA
FROM THE DISTRICT THAT SCENE. OF
STARLINK SUPPORT HIS BILL.
GOOD MORNING MY NAME IS BLAIR
JAMES OF THE ENTIRE RECIDIVISM
COALITION IN LOS ANGELES IN
STRONG SUPPORT.
BERNIE MY NAME IS CARLOS ALONG
WITH ANSWER RECIDIVISM COALITION
A STRONG SUPPORT THIS BILL.
MONNING MY NAME IS DEAL SYSTEMS
ON WITH THE SACRAMENTO ANTI
RECIDIVISM A COALITION I'M A
STRONG SUPPORT IS BILL AND ALSO
FOR THE RECORD I WAS NINETEEN
YEARS OLD WHEN I. WAS ACTUALLY
SENTENCED TO LIFE WITHOUT
IMPRISON THEM BACK ON APPEAL
THANK YOU.
GOOD MORNING MY NAME'S MIGUEL
GARCIA WAS FIFTEEN YEARS OLD
WHEN I COMMITTED MY CRIME I'M
NOW GRADUATING FROM UC RIVERSIDE
I STRONGLY RIPS AND.
SO PUT HIS BILL THANK YOU.
WHEN IS MY NAME IS ELIZABETH
CALVIN I'M WITH HUMAN RIGHTS
WATCH IN WE'RE HONORED AND
STRONGLY SUPPORT THIS BILL AS A
SPONSOR.
BURKE STAYS HERE BEHALF OF THE
PACIFIC JUVENILE DEFENDER CENTER
WE ARE ALSO HONORED BECAUSE
SPONSORED THIS BILL AND SHOW OUR
STRONG SUPPORT FOR TODAY.
GOOD MORNING WERE IN WASHINGTON
WITH THE CENTER ON JUVENILE AND
CRIMINAL JUSTICE IN STRONG
SUPPORT.
MEMORIES VERONICA HARM MY SON IS
CARLOS.
I COME TO SUPPORT THIS BILL.
MY NAME IS RAYMOND R. WITH THE
CENTER ON JUVENILE AND CRIMINAL
JUSTICE IN STRONG SUPPORT.
AS ONE WHO DROVE ELLA BAKER
CENTER AND I STRONGLY SUPPORT
THE BILL THANK YOU.
KHLOE CHILI RICE ANTI RECIDIVISM
COALITION AND I STRONGLY SUPPORT
THE SPELL.
THE MORNING MY NAME IS PHILIP
LESTER I'M A MEMBER UP ANTI
RECIDIVISM COALITION AN
AFFILIATE Y. JC YOU'VE JUST
COALITION NATIONALLY SUPPORTED
TO BE.
MY NAME IS NICOLE OPENSHAW I'M
WITH THE SACRAMENTO ANTI
RECIDIVISM COALITION AND I AM
STRONGLY SUPPORT THIS BILL.
ANGELIQUE WITH THE NATIONAL
ASSOCIATION FOR SOCIAL WORKERS
IN SUPPORT OF THE BILL.
HI MY NAME IS SAM NADIA AND I'M
HERE WITH SILICON VALLEY DEBUG.
IN SUPPORT OF THIS BILL BECAUSE
MY BROTHER AT THE AGE OF FIFTEEN
WITH DIRECTLY FILED AS AN ADULT.
HI MY NAME IS PRISCILLA TIRES
I'M FROM SAN JOSE AND I'M HERE
TO REPRESENT THE BUG AND.
QUITE STRONGLY SUPPORT THIS
BILL.
HI MY NAME IS CAROLYN ACQUITTAL
AND.
STRONGLY SUPPORT THIS BILL
BECAUSE MY BROTHER WAS ALSO. A.
SENTENCE.
THE TEAM.
YEAH.
WHY NAME IS EUGENE DAY HOW WITH%
THE ANTI RECIDIVISM COALITION
AND I STRONGLY SUPPORT THIS
BILL?
MY NAME IS SAMANTHA BY THE
BOTTOM I'M WITH THE ANTI
RECIDIVISM COALITION AND LOS
ANGELES AND I STRONGLY SUPPORT
THIS BILL.
ARE MY NAME IS ROBERT KRONE NAM
FROM ANTI RECIDIVISM COALITION
SACRAMENTO AND I STRONGLY
SUPPORT HIS BILL.
MY NAME IS ROBERT GARCIA WHICH
IS A RESTORATIVE JUSTICE
INITIATIVE AND I STRONGLY
SUPPORT THIS BILL.
MORNING MY NAME'S HAVE YOU'RE
STORING I'M WITH YOU IN DIALOGUE
AND ACTION WERE NO ORGANIZATION
THAT WORKS WITH FAMILY SURVIVORS
OF HOMICIDE. IN FAMILIES WHO
HAVE YA.
YOUNG PEOPLE SERVING LIFE IN
PRISON AND WE STRONGLY SUPPORT
THIS BILL.
BUT ON THE WATER WITH CALTRAIN
CAPTURE CONFERENCE IN STRONG
SUPPORT.
MORE MONEY SOONER DIESEL
DISAPPOINTED RECOVERY AND I
ANTICIPATE WASN'T COALITION I
STRONGLY SUPPORT THIS BILL AS
WELL.
A GOOD MORNING EMILY HARRIS OF
THE ELLA BAKER CENTER FOR HUMAN
RIGHTS RUN STRONG SUPPORT AND
THANK YOU BOTH FOR YOUR
LEADERSHIP ON THESE BILLS.
GOOD MORNING MY NAME IS AMIR
SHAH CORD ON THE THIRD YEAR LAW
STUDENT AT USC I STRONGLY
SUPPORTED SPELL.
MY NAME'S ELIZABETH TERRORISM
AND OUT FOURTEEN YEARS OLD AND I
STRONGLY SUPPORT THIS BILL.
HELLO MY NAME IS CECILIA CHáVEZ
I'M WITH SILICON VALLEY DEBUG IN
SAN JOSE AND I STRONGLY SUPPORT
THIS BILL.
FEMINISM IN WITH ELLA BAKER
CENTER AND I STRONGLY SUPPORT
THE SPELL.
HELLO MY NAME MASATAKA I'M WITH
ELLA BECAUSE INITIALLY SUPPORT
THIS BILL.
HELLO MY NAME IS GLORIA AND I'M
WITH THE YOUTH JUSICE COALITION
AND I'M HERE FOR SAMI WHO WAS
FOURTEEN WHEN HE WAS TRANSFERRED
TO ADULT COURT. HE WAS SENTENCED
TO MORE THAN A HUNDRED YEARS TO
LIFE AND I STRONGLY URGE YOU TO
SUPPORT THIS BILL.
HELLO MY NAME IS CAN MENDOZA I
AM THE POLICY COORDINATOR AT
ANTI RECIDIVISM COALITION ON THE
MORNING MIKE A DOCTOR OFF ON
BEHALF OF THE AMERICAN CIVIL
LIBERTIES UNION OF CALIFORNIANS
STRONG SUPPORT.
MONEY WAS ALL TO ROMERO WITH
ANTI RECIDIVISM COALITION AND
SELF AWARENESS AND RECOVERY AND
I STRONGLY SUPPORT THIS BILL.
MY NAME IS RUDY REYES SOME WITH
ANTI RECIDIVISM CORRELATION THAT
STRONGLY SUPPORT HIS BILL.
MY NAME IS JAMES ANDERSON THEM
WITH THE RIVER MUCH A CO WORKER
WE'VE COMMITTED TO HIRING TEN
THOUSAND FORMING CARCERI PEOPLE
BUT WE STRONGLY SUPPORT THIS
BILL.
MY CMMANDOS LOOK A FIFTEEN VERY
STRONG SUPPORT.
MY NAME IS OMAR CASTANEDA AS A
FORMER YOUTH OFFENDER WHO SERVED
FIFTEEN YEARS IN PRISON I
STRONGLY SUPPORT HIS BILL AND
I'M WITH THE ANTI RECIDIVISM
COALITION.
BUT INTIMATE GENERAL OPUS WHEN
THE ANTI RECIDIVISM COALITION
LOS ANGELES THAT'S WRONG SUPPORT
THIS BILL.
ANDREW WHEN SECOND STATE
UNIVERSITY PRAGA REBOUND ANTI
RACISM COALITION ASH FROM
EXPORTS BILL.
BUT AFTERNOON MY NAME IS LOVELL
BAYLOR WITH ANTI RECIDIVISM
COALITION LOS ANGELES AND ALSO
FREEDOM FOR YOUTH SANTA BARBARA
AND I STRONGLY SUPPORT THIS
BILL.
MORNING MY NAME IS DRUM DIXON I
M. A. R. C. BOARD MEMBER WITH
THE HAND WITH THE ANTI
RECIDIVISM COALITION I SERVED
TWENTY ONE AND A HALF YEARS FOR
A CRIME HE DIDN'T COMMIT. THAT
STEMS FROM MY JUVENILE A
COMMITMENT BEING TRANSFERRED
INTO THE BILL CORD AND I ALSO
SUPPORT HIS BILL.
MY NAME IS JAMES MACCHI M.
STUDENT AT THE UNIVERSITY OF
CIVIC AND I'M A MEMBER OF THE
ANTI RECIDIVISM COALITION I
SUPPORT THIS BILL.
JOSH PINING SANTA RECIDIVISM
COALITION STRONGER STE IN STRONG
SUPPORT.
GOOD MORNING ABSOLUTE UNSHAVEN
AND WITH ANTI RECIDIVISM
COALITION AND I ALSO SUPPORT
THIS BILL.
I MY NAME IS JOHN RODRIGUEZ I'M
FORMALLY INCARCERATED YOUTH AND
ALSO WHAT THE ANTI PERCENT OF
THE COALITION ON THE STRONG
SUPPORT OF THIS BILL.
MY NAME IS DANIEL HERRON
PLEASANTON CALIFORNIA I STRONGLY
SUPPORT THIS BILL. I'M WITH ANTI
RECIDIVISM COALITION.
MY NAME IS ANGELINE QUAN I'M
FROM OAKLAND I'M FIFTEEN YEARS
OLD AND I SUPPORT THIS BILL.
LIAM IS BLAMELESS EARLIER MADERA
MARIN FROM A FIFTEEN YEAR OLD
FROM OAKLEY CALIFORNIA NAY
STERNLY SEPARATE THE SPELL.
IN MORNING MY NAME IS SIMEON
MEGAMI I'M A FIFTEEN YEAR OLD
TEEN THAT GOES TO SCHOOL AN
OAKLAND. AND I STRONGLY SUPPORT
THIS BILL.
MY NAME IS LIKE HERE PRINCE AND
I'M A MEMBER OF THE ELLA BAKER
CENTER AND I STRONGLY SUPPORT
THIS BILL.
NAME IS TOMMY MINDELL I'M
SIXTEEN I'M FROM OAKLAND AND I
STRONGLY SUPPORT THIS BILL.
HIGH AND JUST GO JOHN I'M
REPRESENT PILLARS OF THE
COMMUNITY WE STRONGLY SUPPORT
THIS BILL.
I'M CATHERINE SNIDER WHICH HIDES
ADVOCACY IN SUPPORT OF THIS
BILL.
I DON'T GO OVER AND THE MOBILE.
FOR ME BECAUSE WE STUDENTS
REALLY PHONE LOS ANGELES NORWALK
ON BEHALF OF THE UNDERGROUND
SCARS INITIATIVE STRONGLY
SUPPORT THIS BILL.
THE MORNING MY NAME IS LAURA
DELFI WITH THE W. HAYWOOD BURNS
INSTITUTE IN OAKLAND CALIFORNIA
PROUD TO CO SPONSOR THE BILL
AND-YOU'RE JUST BONTA SUPPORT
TODAY.
BUT YOU LOOK SO ANTAR'S URBAN
COALITION PROGRESS BONTA.
THEY LEARN DOLLARS INSIDE
COORDINATOR AT THE ANTI
RECIDIVISM COALITION SOON TO BE
COLLEGE GRADUATE INTERNET WARNER
BROTHERS AND A FORMER USE THAT
WAS SENT TO PRISON AT SIXTEEN.
AND I'M IN STRONG SUPPORTERS
BILL.
TERRACE SUCKER WITH YOU JUST A
CAUTION IN SUPPORT OF THIS BILL.
I'M TERRIBLE AND WOOD YOU
JUSTICE COALITION NOT SHOWN TO
PORT ISABEL.
MY NAME IS ELLI WITH THE YOUTH
JUSTICE COALITION AND I'M HERE
FOR GEO WHO WAS FOURTEEN WHEN HE
WAS TRANSFERRED INTO A DARK
ADULT COURT AND SENTENCED TO
FIFTY YEARS TO LIFE. I STRONGLY
URGE YOU SUIT TO SUPPORT THIS
BILL.
JIM MULLIN BURKE ON BEHALF OF
THE FRIENDS COMMITTEE ON
LEGISLATION OF CALIFORNIA I'M
SORRY I JUST HAD SOME. MAJOR
DENTAL WORK IT'S HARD FOR ME TO
TALK BUT WERE IN STRONG SUPPORT
OF THIS BILL THANK YOU.
GOING BACK ITS DRUG POLICY
ALLIANCE IN STRONG SUPPORT.
ACCORDING SHRINK THAT I KNOW
SILICON VALLEY DEBUG IN SAN JOSE
OR STRONG SUPPORT OF THIS BILL.
GOOD MORNING WE ONE OF THE US
MARINES ISRAEL VIA WITH MEAT BY
MORE OF AN INDIVIDUAL LEADERSHIP
FOR PUBLIC ADVANCEMENT THE
SALINAS. PROP MEMBERS ALLIANCE
ABOARD THE MEN A COLOR PROBLEM
MEMBERS OF THE CALIFORNIA LIES
FOR YOU TECH COMMUNITY JUSTICE
IN STRONG SUPPORT OF THIS BILL.
TERRENCE LONG COMMUNICATIONS
DIRECTOR OF THE ELLA BAKER
CENTER HERE IN STRONG SUPPORT OF
THIS BILL.
FARID HAVING HEARD FROM OUR
WITNESSES IN SUPPORT WILL NOW
HAVE THE WITNESSES IN OPPOSITION
COME TO THE TABLE.
COLLEGES I'M STANDING BECAUSE
THE SITTING TOO LONG WRECKS THE
BACK.
YOU MAY PROCEED PAGE MADAM CHAIR
MEMBERS SHAUN OFTEN WITH THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION. HERE TODAY
OPPOSITION TO SENATE BILL
THIRTEEN NINETY ONE. DELINEATE
THE AUTHORITY FOR A COURT TO
DECIDE WHETHER OR FORTY.
GENERAL CHARGES
SERIOUS FELONIES.
IS UNFIT FOR THE JUVENILE
SYSTEM.
UNDER EXISTING LAW FOURTEEN AND
FIFTEEN YEAR OLDS CHARGED WITH
OFFENSES LISTED IN. WELFARE
INSTITUTIONS CODE SECTION SEVEN
TO SEVEN BE. CAN BE PROSECUTED
UNDER THE ADULT SYSTEM OF A
COURT FINDS UNFIT FOR THE
JUVENILE SYSTEM SNOT A
DETERMINATION IS MADE
UNILATERALLY BY PROSECUTOR.
DIDN'T DECISION MADE BY A JUDGE
AFTER CAREFULLY EVALUATING MANY
FACTORS THAT RELATED TO A
RELATED TO AGING DEVELOPMENT OF
THE JUVENILE OFFENDER.
THESE ARE.
THE MOST SERIOUS OFFENSES THAT
WE HAVE IN OUR PENAL CODE IN
CALIFORNIA MURDER ATTEMPTED
MURDER VOLUNTARY MANSLAUGHTER
FORCIBLE RAPE FORCIBLE SODOMY.
THE LIST GOES ON.
THESE OF THE OFFENSES THAT EVEN
MAKE IT POSSIBLE FOR SOMEONE TO
BE TRANSFERRED INTO THE ADULT
SYSTEM.
ANDERSON HAS BEEN THIRTEEN
NINETY ONE. FOURTEEN OR FIFTEEN
YEAR OLD WHO COMMITS ONE OR MORE
OF THESE OFFENSES COULD NOT
UNDER ANY CIRCUMSTANCES BE
PROSECUTED AS AN ADULT.
WELL THE JUVENILE SYSTEM MAYBE
THE APPROPRIATE WAY TO HANDLE
SOME
OFFENDERS WE DO NOT BELIEVE THAT
IT IS SO IN EVERY CASE THAT
DETERMINATION SHOULD CONTINUE TO
BE MADE A CASE BY CASE BASIS BY
A JUDGE FOR THESE REASONS WERE
OPPOSED SB THIRTEEN NINETY ONE.
THE NEXT WITNESS.
MADAM CHAIR MEMBERS JONATHON
FELDMAN CALIFORNIA POLICE CHIEFS
ASSOCIATION ALSO IN OPPOSITION.
ALONG WITH THE DA'S.
THE BIGGEST ISSUE IS THAT IT
APPLIES UNIVERSALLY TO EVERY
SINGLE CASE AND.
TAKES AWAY JUDICIAL DISCRETION
IN THIS BODY THIS LEGISLATURE
HAS PASSED BILLS IN THE PAST
GIVING THE JUDGES TO.
HOW WE SHOULD ENABLE THE JUDGES
TO TO? MAKE DECISIONS ON THEIR
OWN REGARDING THE FACTS OF THE
CASE ORGAN HERE LET'S.
IN A FEW MINUTES.
I'D MAKING THOSE SAME ARGUMENTS
AGAIN HERE YOU'RE TAKING
DISCRETION WHAT YOU'RE SAYING
THE JUDGES DO NOT HAVE THE
ABILITY TO MAKE THIS.
JUDGMENT CALL ON THEIR OWN
YOU'RE GONNA MAKE IT FOR THEM
THESE THE MOST SERIOUS CASES.
I'VE YOU KNOW A LOT OF TIMES
MAYBE.
DON'T UP PRISON IS
INAPPROPRIATE AND THE JUDGES CAN
MAKE THAT CALL BUT YOUR DAD
SENSUALLY REMOVING THEIR ABILITY
TO DO THAT.%
AND THAT'S A CONCERN FOR US AND
CONCERN FOR THE PUBLIC SAFETY OF
AUDIT COMMITTEES WE PROTECT
SINCE WE ARE OPPOSED.
OTHER WITNESSES IN OPPOSITION.
BUT I'M SURE MEMBERS MATTHEW
CYBERLINK ON BEHALF OF THE
ASSOCIATION FOR LOS ANGELES
DEPUTY SHERIFFS LOS ANGELES
POLICE PROTECTIVE LEAGUE ANY
ASSOCIATION OF DEPUTY DISTRICT
ATTORNEYS AFTER THE REASONS
PREVIOUSLY STATED THANK YOU.
CRYING CHEN WITH THE RIVERSIDE
SHERIFF'S ASSOCIATION ARE SAME
THING HERE AYE WERE OPPOSED
THANK YOU.
BUT I'M SURE MEMBERS COURCELLES
ALONG BEHALF THE CALIFORNIA
TEACHERS ASSOCIATION IN
OPPOSITION.
ALRIGHT.
.
SENATOR STONE DID YOU HAVE YOUR
HAND UP NO YES SHE DID ALRIGHT
GO AHEAD.
THANK YOU AGAIN MADAM CHAIR.
TWO OF THE GENTLEMAN FROM THE
DISTRICT ATTORNEY'S ASSOCIATION
THANK YOU FOR YOUR TESTIMONY.
.
IF THIS WERE WERE TO PASS
WOULDN'T BE BASICALLY TAKING THE
RIGHT OF THE DISTRICT ATTORNEY.
ACTIONS AWAY FROM.
PROSECUTING HEINOUS JUVENILE
CRIME SHOULD MENTION SEVEN OH
SEVEN BE WHICH MURDER RATE.
FORCE KIDNAPPING ARSON.
AND WOULD YOU OPINE THAT.
.
IT'S RARE.
THAT A FOURTEEN OR FIFTEEN YEAR
OLD WOULD BE TRIED AS AN ADULT.
AND THAT UNDER PROFITABILITY MET
PART OF.
THE ARGUMENTS FOR PROFIT BE
SEVEN THAT.
YOU HADTO GO AN EXTRA STEP WITH
THE JUDGE THAT HAD TO.
OPINED THAT.
.
THE PERPETRATOR HAD A FITNESS
HEARING.
HAD A PSYCHIATRIC EVALUATION AND
THEY WOULD BE THE ONES TO MAKE
THE RECOMMENDATION WHETHER TO GO
TO.
ADULT COURT OUR JUVENILE COURT.
BUT AHEAD RESPONSE YOU CAN
RESPOND THANK YOU.
ONLY TO THE SECOND PART YOUR
QUESTION FIRST.
PROPERTY SEVEN DID REMOVE OUR
ABILITY TO DIRECT FILE. ON
SOMEONE AS AN ADULT.
PUT IT IN THE HANDS OF THE COURT
TO MAKE THAT DETERMINATION.
YOUR FIRST QUESTION WHICH WAS IS
IT RARE THERE FOURTEEN OR
FIFTEEN YEAR OLD WOULD BE
TRANSFERRED TO ADULT COURT.
A YEAH I THINK IT'S IT IS RARE
IT'S IT'S SOMETHING THAT.
CERTAINLY WE DON'T SEE COULD
TRANSFER HEARING FOR EVERY
FOURTEEN FIFTEEN YEAR OLD.
AND WHEN WE DO SEEK THEM.
ARE. YOU WE DON'T ALWAYS GET THE
COURT IS MAKING THAT
DETERMINATION BASED ON A NUMBER
OF FACTORS WHICH ARE OUTLINED IN
STATUTE. ASSOCIATES FOURTEEN
FIFTY ROADS BEING TRIED AS
ADULTS IS RARE IN CALIFORNIA
OKAY. PANDA CENTERED LARA NO ONE
I ALWAYS APPRECIATE YOUR PASSION
WHEN YOU PRESENT YOUR BILLS.
THE PAST THREE AND A HALF YEARS
YOU MANAGE ELEMENT.
I WISH WE'D AGREED MORE ON
ISSUES AND DISAGREED AND THIS IS
NO EXCEPTION.
.
BUT I WANT OPPOSE JUST A COUPLE
OF EXAMPLES YOU GAVE SOME
EXAMPLES OF THE PEOPLE THAT.
WENT FROM JUVENILE OIL FROM
ADULTS FROM JUVENILE COURT TOTAL
CAR YOU MENTION A TRAFFIC
VIOLATION. IMAGINING A ROBBERY.
.
WICK SEVEN OH SEVEN BE MURDER
RATE BY A FOR SODOMY KIDNAPPING
ARSON.
.
JUST A COUPLE EXAMPLES OF WAS A
CASE.
WHERE THERE WAS A FIFTEEN YEAR
OLD CAUCASIAN? GANG MEMBER.
.
A IN TWO THOUSAND AND THREE.
AND.
HE BEAT.
A MALE.
WITH A BASEBALL BAT.
TWO POINT OF ME BEING
UNCONSCIOUS.
PLACE THEM IN A HOME.
SET THE HOME ON FIRE.
WHICH MURDERED THE.
THE VICTIM.
IF THAT WERE TO HAPPEN TODAY
UNDER THIS LAW.
WE WOULD BE PLACING THAT YOUNG
PERSON INTO A JUVENILE FACILITY
WHERE. THE MANTRA FOR JUVENILE
ALL OF.
FACILITIES IS MEANINGFUL
OPPORTUNITY FOR PAROLE.
IS IT YOUR INTENTION THAT A
CRIME OF THE SERIOUS NATURE.
WE COULD ACTUALLY LUKE RELEASE
THAT PERSON AFTER TWENTY THREE
YEARS AND YOU THINK THAT THEY
CAN GET THE APPROPRIATE.
REHABILITATION IN OUR JUVENILE
FACILITIES TODAY.
THANK YOU SENATOR STONE AND I DO
AGREE WITH YOU.
AGREED MORE WITH ME.
A SUMMARY MEASURES CLAIMS TO
OVERCROWDING BY MORE.
YOU KNOW NOT TO NOT TO MAKE
LIGHT OF THAT SITUATION WE WERE
TALKING ABOUT THE DANIEL MARSH
CASE AND DAVIS.
LOOK THERE'S NO QUESTION THAT
YOUNG A YOUNG PERSON CAN COMMIT
HORRIBLE CRIMES. BUT THE
JUVENILE JUSTICE SYSTEM IS
EQUIPPED TO HELP NEARLY ALL
YOUTH WHO COMMIT SERIOUS CRIMES
AND THOSE WHO REMAIN DANGEROUS
CAN BE KEPT IN THE SYSTEM.
UGH BUT THERE'S NO DOUBT THAT WE
ALSO HAVE TO UNDERSTAND THAT FOR
THE MOST PART.
JUVENILE OFFENDERS HAVE BEEN
VICTIMS THEMSELVES
AND BEING ABLE TO UNDERSTAND THE
ENTIRE STORY. IS SOMETHING THAT
WE CAN DO IN THE JUVENILE
JUSTICE SYSTEM AS OPPOSED TO THE
ADULT SYSTEM.
SO YOU SAY THEY CAN BE KEPT IN
THE SYSTEM BETTER.
I'M TOLD THAT CAN BE KEPT UP TO
TWENTY FIVE YEARS OLD SO TO.
THEY CAN BE RELEASED EARLIER.
.
ONE LAST EXAMPLE THIS IS A
PRESENT EXAMPLE IN THE STATE OF
CALIFORNIA GOING ON RIGHT NOW.
WHERE A FIFTEEN YEAR OLD GANG
MEMBER?
HAD A PRIOR ROBBERY WAS
INCARCERATED.
ASSAULT WITH A DEADLY WEAPON.
INCARCERATED.
I THINK PARTIALLY TO PUT INTO
JUVENILE FACILITIES.
BRANDISHING A FIREARM. WENT BACK
IN AGAIN.
ATTEMPTED MURDER FIRST STREET
GANG WHEN IN.
AND HERE'S WHAT THE JUDGE SAID
THE JUDGE SAID WE'VE TRIED IN
JUVENILE FACILITIES.
AND IT'S IT'S.
IT'S NOT WORKING FOR THE
INDIVIDUAL AND THAT'S WHY THE
JUDGE MADE THE RECOMMENDATION
THAT HE GO TO. ADULT COURT. WHEN
YOU. WHY NOT GIVE THE JUDGES
SOME DISCRETION AND HE'S VERY
RARE CASES WHERE MAYBE SOMEBODY
CANNOT BE REHABILITATED? WOULD
BE A SHAME IF THIS KID WAS
RELEASED THE TWENTY FIVE YEARS
OLD AND COMMITTED A MURDER THE
KIND OF AND PREVENTED.
HOW DO WE RESPOND TO THAT JUDGE
WHAT WE RESPONSE THAT JUDGE BY
SAYING THAT IN THE END THE
JUVENILE JUSTICE SYSTEMS ARE
HAVE THE APPROPRIATE
REHABILITATION TO LOOK AT WHAT
IS?
INDIVIDUAL IN AGAIN
MAKE THAT APPROPRIATE
DETERMINATION FOR THE INDIVIDUAL
THE POLLOCK THE FACT THAT THEY
KEPT COMING IN AND OUT THERE
SOMETHING WRONG WITH THIS
INDIVIDUAL WAS SOMETHING WRONG
WITH THIS. SYSTEM HAS FAILED
THEM AND SO LET'S FIGURE OUT
WAYS TO FIX OUR INDIVIDUAL
BEFORE WE SENTENCE HIM TO LIFE
OKAY I APPRECIATE WHAT YOU'RE
SAYING IS YOU WANT TO PUT HIM
BACK INTO A SYSTEM THAT HAS
PROVEN TO BE FAILING OUR KIDS
SHOULDN'T WE.
SYSTEM FIRST
BEFORE WE TAKE THE DISCRETION
AWAY FROM JUDGES.
THAT SAY I'M CONCERNED ABOUT
PUTTING THEM BACK INTO
ASSISTANCE FAILING THOUGH THIS
PERSON COME OUT BECAUSE A
SERIOUS HINTS CRIME WOULD HAVE
BEEN SAYING IS THAT DJJ IS THE
BEST PLACE TO BE ABLE TO.
IDENTIFY THE ISSUE WITH
INDIVIDUALS OPPOSED TO PUTTING
THEM IN A SYSTEM WHERE THERE'S
ACTUALLY NO REHABILITATION. AT
AND WHERE WE'RE GONNA LOSE A
PERSON FOR THEN THEIR ENTIRE
LIFE THE FACT IS THROUGH DJ DAYS
OWN REPORT OWN ANNUAL REPORT
SEVENTY TWO PERCENT. OF THE
FOURTEEN FIFTEEN YEAR OLDS THAT
ARE TRANSFERRED TO.
ADULT SYSTEM WHERE FOR NON.
HOMICIDE CRIMES.
LIKE ROBBERY AND ASSAULT SO WE
CLEARLY NEED TO SEND A STRONG
MESSAGE AND HAVE A UNIFORM
POLICY FOR.
FOR EVERYONE BECAUSE WE KNOW IT
VARIES FROM COUNTY TO COUNTY.
AND WE KNOW THAT YOU KNOW
THEY'RE STRICTER HARSHER
PENALTIES DEPENDING ON THE DE IN
A SPECIFIC COUNTY SO WHAT WE
WANT TO DO IS MAKE SURE THAT WE
GIVE PEOPLE THE OPPORTUNITY TO
REHABILITATE. I AGREE THAT WE
SHOULD IN SOME OF THE EXAMPLES
THAT YOU GAVE FORWARD I JUST
FEEL THAT THERE'S A NARROW
WINDOW OF THOSE THAT WE SHOULD
NOT BE DOING. AND.
AGAIN ARE I RESPECT YOUR YOUR
POINT OF VIEW AND AND PEOPLE
SUPPORT AND WE CAN HAVE THAT
CONCERN TO HAVE THE CONVERSATION
AS THIS BILL MOVES FORWARD.
BUT I AM SO I HAVE SENATOR
MITCHELL AND SENATOR BRADFORD
BUT BEFORE I CALL ON THEM I JUST
WANTED TO WELL CERTAINLY THERE
ARE WE CAN ALWAYS FIND AN
EXAMPLE WHERE PERHAPS THIS WOULD
NOT WORK. BUT FROM THE EXAMPLE
THAT WAS CITED WE DO NOT KNOW
FROM WHAT YOU CITED WHETHER THAT
PERSON WAS HELD IN COUNTY
FACILITY OR WHETHER THEY WERE
HELD IN STATE. DJJ. AND THE ARE
COUNTY FACILITIES IN NOT IN ALL
CASES HAVE THE TYPE OF
REHABILITATIVE PROGRAMS THAT OUR
STATE DJJ HASS.
SO IT TO ME JUST HEARING.
.
IT ONE OF MY CALLS ANECDOTAL
EXAMPLES DOESN'T NECESSARILY
COMPEL. Y. WE WOULD NOT CORRECT
SOMETHING THAT I FEEL HAS BEEN
AN ERROR FOR TWENTY FIVE YEARS
WHEN WE THINK ABOUT IT AND
THERE'S WAS POINTED OUT IN THE
TESTIMONY. TWENTY FIVE YEARS
AGO.
AND ALL THE YEARS PRIOR
CALIFORNIA DID NOT TREATED.
FOURTEEN AND FIFTEEN YEAR OLDS
AS JUVENILES
THEY NEVER TRIED THEM AS ADULTS.
AND THEN WE WENT THROUGH THIS
PERIOD OF TIME AS WAS DESCRIBED
WHERE THERE WAS A.
FIXATION ON SUPER PREDATOR
YOUTHS AND WE'VE NOW BEEN FOR
THE PAST COUPLE OF YEARS HAVING
TO CORRECT EACH OF THE. IN
EFFECT VERY MISGUIDED POLICIES
THAT WERE ENACTED DURING THAT
PERIOD OF TIME.
FOR EXAMPLE THE BILL I
JUVENILES WHO.
DUE TO A PROPOSITION THAT WAS
PASSED DURING THAT TIME NEVER
WOULD BE ABLE TO HAVE THEIR
RECORDS SEALED SO NOW WITH THE
BILL THAT I CARRIED WE HAVE SOME
ABILITY FOR THOSE JUVENILES. AND
I'M SURE SOME OF THEM WHO
TESTIFIED TODAY WILL.
WHO ARE OUT TO EVERITT CLEARLY
DEMONSTRATED THAT THEY ARE
FUNCTIONING RESPONSIBLE MEMBERS
OF OUR COMMUNITY? THAT THEY CAN
FINALLY THEN HAVE THAT RECORD
SEALED AS JUVENILES ARE ENTITLED
TO.
SO I WANTED TO THINK SENATOR
LLOREN SENATOR MITCHELL FOR
THEIR.
.
A.
WOULD YOU CALL YOUR PACKAGE.
EQUITY JUSTICE PACKAGE TO POINT
NO. AND.
ONE ALSO EXPRESS MY
APPRECIATION FOR EVERYONE WHO
SHOWED UP HERE TODAY TO TESTIFY.
WE'RE GONNA BE HEARING.
A COUPLE OF SENATOR MITCHELL'S
BILLS ANDA.
I I LOVE YOU ALL BUT MAYBE YOU
DON'T ALL HAVE TO GO TO MY KID
KNOWS BUT THAT'S ALRIGHT THOUGH.
ANYWAY.
.
I THINK THIS IS THE TYPE OF
SITUATION THAT HAS TO BE
CORRECTED AND I HAVE TO SAY THAT
BY. OVER.
IT.
WHILE I MEAN NORMALLY IN FAVOUR
OF JUDICIAL DISCRETION.
TO TO HEAR ALL OF LAW
ENFORCEMENT AND THE DA'S
INDICATE THAT AT FOURTEEN AND
FIFTEEN YEAR OLDS WE SHOULD
TREAT THEM AS ADULTS WHEN THE
MAIN THING THAT WE HAVE GAINED
IN THE LAST TWENTY FIVE YEARS.
IS RESEARCH PROVING BEYOND A
REASONABLE DOUBT THAT FOURTEEN
AND FIFTEEN YEAR OLDS ARE BY NO
MEANS ADULTS THERE IS NO WAY ONE
COULD CHARACTERIZE THEM. AND
THEIR BRAIN DEVELOPMENT DOES NOT
ALLOW US TO INSERT ANYTHING THAT
RESEARCH IS MORE ESTABLISH THAN
IT IS EVER BEEN BEFORE.
SO I FIND IT SOMEWHAT INCREDIBLE
TO HAVE ALL OF LAW ENFORCEMENT
STATING THAT WE NEED THIS.
TOOL.
BUT LET ME CALL ON AND.
BUT.
SENATOR WIENER AND THEN.
TWO AND THEN SENATOR AYE
MITCHELL AND CENTER BRADFORD.
I'VE YOU ENSURING THANK YOU
CULTURAL I'M INTO.
SPEAK I FIRST VETERANS OF THE
ENERGY COMMITTEE BUT I DID WANT
TO TEST ACROSS MY STRONG SUPPORT
FOR THIS BILL AND THANK THE
AUTHORS FOR BRING IT FORWARD.
ARE THE REALITY IS A FOURTEEN
AND FIFTEEN YEAR OLDS ARE NOT
ADULTS.
ON.
MENTALLY EMOTIONALLY PHYSICALLY
AND THE IDEA THAT WE WOULD PUT
THESE CHILDREN INTO THE ADULT
SYSTEM WHERE AS SAW THE AUTHOR I
INDICATED THEY WILL DEFINITELY
NOT GET THE REHABILITATION THAT
THEY NEED AND SO IT'S GOING TO
MAKE IT.
WORKS AND SO WE HAVE TO DO
EVERYTHING WE CAN OFFER THESE
KIDS TO REHABILITATE THEM I'M
YOU'RE GONNA HAVE BUT NOT
EVERYTHING IS GOING TO BE A
SUCCESS AND THAT'S TRUE IN LIFE
BUT WE CAN REHABILITATE. A LOT
OF THESE KIDS AND PROVIDE THEM
WITH THE SUPPORT IN THE
TREATMENT THEY NEED A THE MEN
GET THEM ON TRACK WE'RE
NOT DOING THAT THE AND UP IN THE
CRIMINAL JUSTICE SYSTEM. AND
LET'S NOT KEEP PERPETUATING THAT
BY PUTTING THEM OVER INTO THE
ADULT SYSTEM WHEN THEY'RE REALLY
CHILDREN SO AGAIN THANK YOU FOR
BRINGING THIS BILL FORWARD.
BUT YOU. THANK YOU VERY MUCH I
AM I.
WHEN IT'S APPROPRIATE ON MISTER
CHAIR WOULD BE MORE THAN HONORED
TO MOVE THE BILL. I'M PROUD TO
JOIN WITH MY COLLEAGUES.
ES UM.
JOINT OFTEN THE BILL.
AYE. ECHO BOMB ALL THE
SENTIMENTS.
STATED EARLY BUT MY COLLEAGUES
AROUND FOURTEEN FIFTEEN YEAR
OLDS. I THINK WE COULD PROBABLY
YELLED SPEND ALL DAY AND NIGHT
CITING SPECIFIC EXAMPLES TO
ARGUE IN SUPPORT OF THE BILL IN
OPPOSITION TO THE BILL.
BUT IN DEVELOPING. PUBLIC POLICY
FERRIS POSSIBILITY TO BUILD.
SYSTEMS THAT WE THINK BOMBARD
ARE BASED IN SCIENCE AND MAKES
SENSE.
.
AND RESEARCH HAS VERIFIED FOR
ALL OF US
BUT FOURTEEN AND FIFTEEN YEAR
OLDS ARE NOT PIPE SIZE ADULTS
THAT WE KNOW ABOUT THE AGES AND
STAGES OF DEVELOPMENT.
I WAS THRILLED TO HEAR IN A
BILL EARLIER THIS VERY OWN
COMMITTEE.
ON THE TRANSITIONAL AGE USE
PILOT.
I BELIEVE IT WAS THE CHIEF
PROBATION OFFICERS ASSOCIATION I
BELIEVE THERE WERE OTHERS WHO
STEP IN SUPPORT.
AND ACKNOWLEDGING IN THAT PILOT
PROGRAM FOR SPECIFIC COUNTIES
THAT THEY WANTED THE OPPORTUNITY
TO ALLOW TRANSITIONAL AID YOU
FELT THAT SEVENTY OR SO TO STAY
IN THE JUVENILE SYSTEM.
TO CONTINUE WITH THEIR
PROGRAMMING AND SO WHY WE WOULD
ASSUME FOURTEEN AND FIFTEEN YEAR
OLDS WOULDN'T BENEFIT FROM THE
SAME OPPORTUNITY IS.
A LITTLE CURIOUS TO ME.
.
AGAIN.
THERE ARE ADULTS WHO HAVE BEEN
CONVICTED OF HEINOUS CRIMES WHO
RECEIVE TODAY.
AND HAVE DIFFICULTY IN THE
DEPARTMENT OF CORRECTIONS AND SO
TO ASSUME THAT THE JUVENILE
JUSTICE SYSTEM.
IS BROKEN IS A SYSTEM THAT IS
NOT BASED ON BEST PRACTICES TO
MEET THE NEEDS OF JUVENILES.
I THINK IT'S AN UNFAIR
ASSUMPTION I AM PROUD TO SUPPORT
THE BILL. UP AGAIN S. MADAM
CHAIR SAID IT WAS NOT ALWAYS THE
CASE IT WAS A DARK PERIOD IN OUR
STATE PUBLIC POLICY MAKING
HISTORY WHEN WE DECIDED THAT.
.
WE WANT TO CRIMINALIZE CHILDREN
ACROSS THE BOARD. CAUGHT AND I
AM GLAD TO BE APART OF A TIME IN
OUR HISTORY WHERE WE ARE GOING
TO. MAKE BETTER CHOICES ON
BEHALF OF CHILDREN AND WITH THAT
THERE I MOVE THE BILL.
THANK YOU SENATOR I I TO JUST
WANT TO ADD MY VOICE IN THANK.
THE AUTHOR FOR THIS COMMONSENSE
MEASURE AND I CHALLENGE THOSE ON
LAW ENFORCEMENT
BACK IT THIS WAS YOUR FIFTEEN
WHICH FOURTEEN FIFTEEN YEAR OLD.
WHAT OPTIONS WOULD YOU WANT FUN
AND I GUARANTEE YOU WOULDN'T
WANT A MINUTE ADULT COURT YOU
WOULDN'T WANT AN ADULT PRISON
AND I STAKE MY LIFE ON THAT? YOU
USE EVERY RESOURCE IN YOUR POWER
TO MAKE SURE YOUR TEA AT FULL
VOIDED THAT SENT A SITUATION SO
AGAIN I HATE TO. GET ON THE
STAND IT BUT AGAIN THESE ARE
BLACK AND BROWN KID TRIPPING
SUFFERED AND AND BEING.
.
SENT TO PRISON LIKE THOSE.
BECAUSE EVEN IN THIRD WORLD
COUNTRIES WE CUT FOLKS HANDS OFF
FOR STEALING.
WE DON'T SEE AND THEIR BABY SIT
PRISON FOR LIFE WE DON'T ABOUT
SIN JUVENILES TO ADULT COURT SO
I FIND IT ABSURD THAT THERE
WOULD BE ANY. OBJECTION TO
ALLOWING A A A PROCESS ABOUT THE
JUDGE HOW THE DESCRIPTION IN
WERE YOU SENTENCE AYE AYE A
YOUNG ABOUT PERSON FOURTEEN
FIFTEEN I THINK THE JUVENILE
COURT IS QUIRK OR THEY BELONG
THEY BELONG IN A JUVENILE COURT
NOT IN ADULT COURT NOT AN ADULT
PRESENT.
AND WE HAVE FAILED TO
REHABILITATE ANYONE AND I THINK
IT'S GENERAL OUGHT STATED. LET'S
TALK ABOUT THE TRAUMA THAT ITS
IMPACT THAT MANY OF THESE YOUNG
FOLKS WHO ARE ON THE WRONG PATH
WHAT HAS HAPPENED IN THE HOME
WHAT IS HAPPENING TO COMMUNITY.
IT'S BEEN CLEARLY.
CAR OF STUDIES THAT HAVE SHOWN
SOME KIDS FROM TWELVE TO
FOURTEEN HAVE THE SAME SYMPTOMS
AS INDIVIDUALS WHO'VE GONE THE
WAR. BECAUSE OF THE TRAUMA AND
THE VIOLENCE THAT THEY SEE IN
THEIR COMMUNTY SO TO SIT HERE
AND SAY THAT THEY'RE READY TO GO
TO ADULT PRISON I JUST FIND
THAT.
SIR AND I WOULD
STRONGLY I.
SUPPORT THIS BILL AND I WOULD
HOPE I COULD BE ADDED AS A. CO
AUTHOR TO THIS MEASURE AS WELL
AND ONLY ASK FOR MORE
COMMONSENSE LEGISLATION AS WE
ALL FOR.
SO ARE.
WE HAVE WE HAVE A MOTION ON.
DO PASSED TO APPROACH.
MADAM SECRETARY PLEASE CALL THE
ROLL.
SKINNER.
BRADFORD I.
I JACKSON AYE JACKSON AYE
MITCHELL.
MITCHELL AYE STONE.
STONE NOW WIENER.
WELL WE'RE GONNA KEEP RURAL OPEN
AT BILLS ON CALL AND YOUR
MEMBERS THANK YOU THANK YOU.
EXCEPT IS SENATOR MITCHELL.
WE'RE HEARING.
SB THIRTEEN TO YES SIR AND
THERE TO NINETY THREE ETCETERA
THANK YOU. WHENEVER YOU'RE
READY.
THANK YOU VERY MUCH OUT MISTER
CHAIRMAN MEMBERS I I AM PROUD TO
STAND BEFORE YOU TO PRESENT THE
SECOND BUILT IN THE ARE HACKS
TAKE EQUITY AND JUSTICE TO POINT
ALL PACKAGE BEFORE YOU TODAY AND
THAT'S S. B. THIRTEEN NINETY
TWO.
CALIFORNIA HAS SOME OF THE MOST
SEVERE SENTENCE ENHANCEMENTS FOR
PRIOR CONVICTIONS IN THE NATION.
ACCORDING TO THE PUBLIC POLICY
INSTITUTE OF CALIFORNIA.
CALIFORNIA HAS MORE THAN ONE
HUNDRED SEPARATE CODE SECTIONS
THAT ENHANCE SENTENCES BASED ON
A PERSON'S KERN THE FANS. AND OR
RECORD OF PRIOR CONVICTIONS.
S. B. THIRTEEN NINETY TO WHICH
WE ARE CALLING THE TWENTY
EIGHTEEN RISE ACT. WOULD REPEAL
THE ONE YEAR ENHANCEMENT FOR
EACH PRIOR PRISON TERM OR FELONY
COUNTY JAIL TERM.
AS OF TWENTY SIXTEEN SEVENTY
NINE PERCENT OF PEOPLE. UNDER
CDC OUR CUSTODY.
HAD A SENTENCE ENHANCEMENT
ATTACHED TO THEIR BASE SENTENCE.
TWENTY FIVE PERCENT HAD THREE OR
MORE ENHANCEMENTS STACKED ON
THEIR CURRENT.
SENTENCE.
THIS SENTENCING APPROACH IS
EFFECTIVELY OUR LEGAL SYSTEM
CONDONING DOUBLE JEOPARDY. AT
GREAT COST TO THE INDIVIDUAL THE
CORRECTIONS SYSTEMS AND OUR
BROADER COMMUNITY.
WE HEAR ANECDOTALLY THAT THESE
ENHANCEMENTS CAN BE USED OF
LEVERAGE TO PRESSURE PEOPLE INTO
TAKING A PLEA DEAL AS OPPOSED TO
HAVING THEIR DAY IN COURT.
MORE TIME DOES NOT EQUAL LESS
CRIME.
IN ACTUALITY STUDIES SHOW THAT
LONGER PRINT PRISON SENTENCES
ACTUALLY CREATE SIGNIFICANT
FINANCIAL BURDENS ON TAXPAYERS.
TEAR APART FAMILIES AND CREATING
IMMENSE DISPARITIES FOR THOSE
INVOLVED.
I'M SURE MANY OF YOU HAVE SEEN
IN THE PRESS RECENTLY THAT WE'RE
CELEBRATING THE FIFTIETH
ANNIVERSARY. OF.
PORT.
ARE THE EISENHOWER FOUNDATION IS
PUBLISHED A BOOK LOOKING OUT.
THE RECOMMENDATIONS MADE BY THE
KERNER COMMISSION FIFTY YEARS
AGO. WHAT RECOMMENDATIONS WERE
TAKEN INTO ACCOUNT? AND IN THE
AREAS WHERE RECOMMENDATIONS WERE
TAKEN INTO ACCOUNT WHAT OUR
CURRENT STATUS IS FOR THE SAME
COMMUNITIES THAT WERE IMPACTED.
AND.
.
IN REFERENCE SEEN THIS REPORT.
UNDER THERE SECTION ON
SENTENCING AND INCARCERATION.
THEY STATE THAT THE MOST
COMPREHENSIVE INVESTIGATIONS
HAVE CONCLUDED THAT MASS
INCARCERATION CAN EXPLAIN
RELATIVELY LITTLE OF THE CRIME
DROP SINCE THE NINETEEN
NINETIES.
FROM ABOUT TWO THOUSAND ON THE
CRIME REDUCTION IMPACT OF ADDING
MORE INDIVIDUALS TO THE PRISON
POPULATION HAS BEEN ESSENTIALLY
ZERO.
INCARCERATION HAS REACHED A
POINT OF DIMINISHING RETURNS AT
ENORMOUS COST.
THEY FURTHER SITE THAT THE
NATIONAL RESEARCH COUNCIL HAVE
CONCLUDED. QUOTE BECAUSE
RECIDIVISM RATES DECLINED
MARKEDLY WITH AGE.
LENGTHY PRISON SENTENCES UNLESS
THEY SPECIFICALLY TARGET VERY
HIGH RATE ARE EXTREMELY
DANGEROUS OFFENDERS.
AREN'T EXCELLENT ARE AND IN
EFFICIENT APPROACH
TO PREVENTING CRIME BY
INCAPACITATION.
THE VOTERS OF CALIFORNIA HAVE
SHOWN A CLEAR AND EVIDENT
CULTURE SHIFT AWAY FROM MASS
INCARCERATION AND TOWARD
STRONGER COMMUNITY INVESTMENT.
AS REFLECTED THE GOVERNOR'S
BUDGET PROPOSAL THE LAST SEVERAL
YEARS.
THIS BILL IS IN LINE WITH THAT
CULTURAL SHIFT.
I WAS PROUD TO CARRY THE RISE
ACT LAST YEAR AND THIS IS ONE
MORE INCREMENTAL STEPS. TOWARDS.
RE CALIBRATING OUR SYSTEM OF
JUSTICE.
THE RISE ACTIVE TWENTY EIGHTEEN
WOULD CONTINUE TO HEAL THE
DAMAGE OF A SYSTEM BASED ON BY
S. AND FEAR.
HERE WITH ME TODAY TO TALK ABOUT
OWE IT TO SPEAK IN SUPPORT OF SB
THIRTY NINETY TWO. IS AND YOU
NGUYEN DIRECTOR OF THE PROJECT
WE BROWN SACRAMENTO STATE
UNIVERSITY AND ERIC RUN OUR
MENDOCINO COUNTY PUBLIC
DEFENDER.
THANK YOU WITNESSES IN SUPPORT.
MY NAME'S ENJOYMENT WHEN A
TWENTY SEVENTEEN GRADUATE OF
UCLA.
A RESEARCHER.
DIRECTOR PRIDE REBOUND
CALIFORNIA STATE UNIVERSITY
SACRAMENTO.
AND A NEWLY EMITTED GRADUATE
STUDENT DEPARTMENT SOCIOLOGY AT
THE SAME UNIVERSITY WERE
UNEMPLOYED.
I'M IN FULL SUPPORT OF SENATOR
MITCHELL'S BILL AT THREE
THIRTEEN NINETY TWO AS SOMEONE
WHO HAS PERSONAL EXPERIENCE
FIRST HAND A COMPOUNDING DAMAGES
AND COMPLICATIONS. THAT THE
CURRENT ONE YOUR ENHANCEMENT FOR
EACH FOR THEM PRIOR CREATES FOR
THOSE LIKE MYSELF.
IN APRIL TWO THOUSAND SEVEN.
I WAS IN A FISTFIGHT.
OR I TO ONE PUNCH IT
SUBSEQUENTLY MY FRIEND DIED AS A
RESULT OF THAT PUNCH.
THERE WAS NO MALICIOUS
AFORETHOUGHT.
IF THE DISAGREEMENT AND I DON'T
HAVE THE SKILLS AT THE TIME TO%
DEAL WITH THE DIVERSITY OF THE
SITUATION.
I RESPONSIBLE FOR WHAT I HAVE
DONE.
REMORSEFUL OF THE PAIN IT
DAMAGES I HAVE CREATED.
WHILE IN JAIL BUT THE CASE
PENDING.
THERE ARE NEGOTIATIONS BETWEEN
MY PUBLIC DEFENDER. AND THE
REPRESENTATIVE FROM THE DISTRICT
ATTORNEY'S OFFICE.
INITIALLY I WAS THREATENED WITH
SECOND DEGREE MURDER IF WE
DECIDE TO GO TO TRIAL.
SCARED FOR MY LIFE.
I BEGAN TO BE OPEN TO THE IDEA
OF A PLEA AGREEMENT.
THE FIRST OFFER WHAT TO PLEAD
VOLUNTARY MANSLAUGHTER AT SEVEN
YEARS WITH THE STRIKE.
HOWEVER I WAS NOT GUILTY OF
VOLUNTARY MANSLAUGHTER AS THERE
WAS NO FELONIOUS AT THAT
TRANSPIRED DURING THE INCIDENT.
THE PLEA AGREEMENT THAT DID
ACCEPT WAS THREE YEARS. WHICH I
PLAYED TO THE MID TERM OF
INVOLUNTARY MANSLAUGHTER.
AN ADDITIONAL ONE YEAR ONE THIRD
OF THAT ORIGINAL SENTENCE.
BUT ORDER TO BE RANKED
CONSECUTIVELY BECAUSE OF THE
ENHANCEMENT FOR PRISON PRIOR.
BRINGING THE SINCE TWO FOUR
YEARS TOTAL.
ONE OF THE POINTS WE WERE
CONTESTING DURING NEGOTIATIONS
BUT RECOGNIZING THAT HAD ONLY
GONE TO PRISON ONCE.
ALTHOUGH IN THE EYES OF THE LAW.
WHEN MY PROBATION WAS REVOKED IN
ANOTHER COUNTY BECAUSE I HAD
GONE TO PRISON THE FIRST TIME.
IT APPEAR LIKE I'D BEEN TO
PRISON TWICE.
I NEARLY DIED ONE PRISON PRIOR
ENHANCEMENT BUT CANNOT SKATE THE
CLUTCHES OF THE OTHER.
THAT DID NOT HAVE MANY ACCESS TO
MANY RESOURCES.
DUE TO MY LOW SOCIOECONOMIC
STATUS.
WHILE SERVING THE ENHANCEMENT
PORTION MY PRISON TIME.
I MISSED OUT ON MANY HOLIDAYS
BIRTHDAYS.
THE DEATH OF A FRIEND.
MY FATHER BEING HOSPITALIZED FOR
HEART COMPLICATIONS.
MY BROTHER HAVING A NEAR DEATH
EXPERIENCE TO TO NEUROLOGICAL.
CONDITIONS.
AND CONTINUE POSTPONEMENT OF
ADEQUATE MENTAL HEALTH TREATMENT
FOR MYSELF.
I DO NOT WISH TO TYPE IT
PRESENTS FRIDGE I ENTERED UPON
ANYONE.
FELLOW NEXT IN PRISON SENTENCES
BECAUSE THEY'RE ENHANCEMENT
THAT'S IMPAIR CLICK PROVEN NOT
TO. IMPROVE PUBLIC SAFETY NOR
DOES IT DETER CRIMINAL BEHAVIOR.
I PLEAD WITH THE COMMITTEE TODAY
THE S. B. THIRTEEN NINETY TWO
PASSES SO THAT WE CAN CONTINUE
TO MOVE AWAY FROM PUNITIVE
PRACTICES AND MOVE TOWARD
RESTORED METHODOLOGY.
THANK YOU.
ARE YOU MAY PROCEED.
GOOD MORNING MY NAME IS ERIC
RUNNER TO HAVE BEEN A CRIMINAL
DEFENSE ATTORNEY FOR THE PAST
TWELVE YEARS I'M CURRENTLY THE.
CHIEF TRIAL DEPUTY FOR THE
PUBLIC DEFENDER'S OFFICE IN
MENDOCINO COUNTY
BUT SPEAK TODAY AS A PRIVATE
CITIZEN.
YEAH I AM IN SUPPORT. OF THE
LEGISLATION.
OF THIRTEEN AND NINETY TWO AND
THIRTEEN NINETY THREE. THIS A
BILL I THINK IS WORTHY OF
BIPARTISAN SUPPORT FOR MANY
REASONS NOT THE LEAST OF WHICH.
IS THAT IT EXCLUDES THE MOST
SERIOUS
OF A CRIMES.
I AM. AS A PUBLIC DEFENDER ALL
MY CLIENTS BY DEFINITION ARE.
INDIGENT
BUT I COMMUNICATE WITH PUBLIC
DEFENDERS AROUND THE UNITED
STATES FROM SEATTLE TO NEW YORK
AND IN FLORIDA.
AND THE DEMOGRAPHICS ARE.
THE SAME NOT ONLY A MIKE THE
OUR CLIENTS A POOR BUT ALSO
OFTEN POORLY EDUCATED FROM
DISADVANTAGED BACKGROUNDS. LOW
SOCIOECONOMIC STATUS OFTEN
PEOPLE OF COLOR. AND THESE ARE
PRECISELY THE PEOPLE THAT ARE
DISPROPORTIONATELY AFFECTED BY
THE SENTENCING ENHANCEMENTS.
I'M SURE THAT MANY OF YOU ARE
AWARE. OF THE TRANS BOTH IN THE
STATE OF CALIFORNIA AND
NATIONALLY. IN THE LAST FEW
YEARS ARE TO MOVE AWAY FROM
MANDATORY MINIMUMS FROM
SENTENCING ENHANCEMENTS
INCREASING PENALTIES
THAT RESULTED IN.
OVERCROWDED JAILS AND PRISONS
BECAUSE WE KNOW FROM EMPIRICAL
EVIDENCE.
FROM THE EVIDENCE BASED
PRACTICES THAT THESE
ENHANCEMENTS DO NOT REDUCE
RECIDIVISM AS COUNTER INTUITIVE
AS IT AS IT MAY SEEM. THEY
SIMPLY DO NOT REDUCE.
RECIDIVISM I CAN TELL YOU JUST.
BRIEF EXAMPLES. I AM OFTEN
FACED WITH.
MY CLIENTS WHO MAY BE CHARGED
WITH A CRIME WOULD CALL AND LOW
LEVEL FELONIES SUCH AS A FELONY
EFFECTIVE VEHICLE THE TRIAD FOR
WHICH IS SIXTEEN MONTHS.
TWO YEARS OR THREE YEARS. ARM
AND OFTEN IN THESE SITUATIONS
THE THE JUDGE MAY SENTENCE
ONE OF MY CLIENTS TO THE
MITIGATING TERM OF SIXTEEN
MONTHS
AND YET WITH THE ENHANCEMENTS.
THEY MAY DO TWO YEARS LONGER
THEY MAY ACTUALLY END UP DOING
MORE TIME ON THE ENHANCEMENTS IN
THAT DO ON THE UNDERLYING.
CHARGES SO I AM IN SUPPORT OF
THIS.
AND I'M ALSO IN SUPPORT OF A.
OF THE BILL THIRTEEN NINETY
THREE BUT.
AGAIN AS A A TRIAL ATTORNEY HAS
A DEFENSE ATTORNEY. YOU KNOW
CRIMINAL CASES SHOULD BE DECIDED
ON THEIR MERITS.
AND.
THEY SHOULD BE DECIDED ON THE
THE FACTS OF THE PARTICULAR
CASE.
AND.
THERE ARE ALSO MANY TIMES WHEN.
BY.
I'M FACED WITH ADVISING A CLIENT
TO PERHAPS TAKE A PLEA DEAL WHEN
THE CASE SHOULD REALLY BE TRIED
AND THEY'RE FACING SO MUCH ABOUT
TIME BECAUSE OF AN ENHANCEMENTS.
AND THAT'S NOT RIGHT THAT'S NOT
FAIR AND IT'S NOT JUST.
THANK YOU.
THANK YOU OTHER WITNESSES IN
SUPPORT.
BUT I GUESS MY.
.
PARTLY FOR THIRTEEN NINETY THREE
WE SHOULD ASK THEM JUSTICE OKAY
I WILL.
A IF WE COULD PROCEED. QUICKLY
THAT WOULD BE HELPFUL. AND
APPRECIATE THAT ALL OF YOU A.
TOOK THE TIME DOES COME IN A
TESTIFY TO THE COMMITTEE BUT I'M
IF YOU COULD HURRY THAT WOULD BE
GREAT. ISRAEL VIA WITH ME PINE
SALINAS IN FULL SUPPORT.
MY NAME IS LIBIDO FROM SAUSAGE
UNLESS ANGELES.
.
I TRY STRONG SUPPORT.
I'M GONNA GO FROM YOU DOES IS
COLLEGE MORE IN STRONG SUPPORT.
ZAKIR PRINCE I STRONGLY SUPPORT.
JUST GOOD SOLID PILLARS OF THE
COMMUNITY WE SUPPORT.
AND THE WORLD IS THE DEE
COALITION WHICH ON THE SUPPORT.
JERRY BROWN WOULD YOU JUSTICE
COALITION AUSTRONESIAN PORT.
JORDAN BAR WITH THE USERS USED
JUSTICE COALITION STRONG
SUPPORT.
WELL MARILYN ROWSON WITH THE
WOMEN'S POLICY FOUNDATION OF
CALIFORNIA WOMEN'S POLICY
INSTITUTE. AND CALIFORNIA
COALITION FOR WOMEN PRISONERS.
CUP PROUD CO SPONSORS AND WE
STRONG SUPPORT.
AND LEADERS OF THE ELEVATOR
CENTER CO SPONSOR. THANK YOU.
MADAM CHAIR MEMBERS MIKE A
DOCTOR OFF ON BEHALF OF THE ACLU
OF CALIFORNIA WHERE A PROUD CO
SPONSOR AND WE'RE HEARING VERY
STRONG SUPPORT.
JIM WYNNE BURGER ON BEHALF OF
THE FRIENDS COMMITTEE ON
LEGISLATION CALIFORNIA INS CO
SPONSOR IN SUPPORT ALSO HERE ON
BEHALF OF THE COALITION. FOR
HUMANE IMMIGRANT RIGHTS LOS
ANGELES CO SPONSOR AND SUPPORT.
AND ON BEHALF OF THE CALIFORNIA
CATHOLIC CONFERENCE IN SUPPORT
THANK YOU.
GOOD MORNING AMBER ROSE HOWARD
HERE FOR CALIFORNIA'S UNITED FOR
A RESPONSIBLE BUDGET. THAT
COALITION OF OVER SEVENTY
ORGANIZATIONS RUNNING FOR SOCIAL
JUSTICE AND WE ARE PROUD CO
SPONSORS IN HERE WITH THE
COMMUNITY TO SUPPORT.
MY NAME IS NO A GOOD DINO WITH
ALL OF THIS AND NINE BAY AREA NO
LEGAL SERVICES FOR PRISONERS
WHICH CHILDREN. A WE PROBABLY
SUPPORT THIS BILL.
ALTHOUGH ROMERO WITH ANTI
RECIDIVISM COALITION AND SELF
AWARENESS OF RECOVERY AND
SACRAMENTO REINVESTMENT
COALITION WITH STRONG SUPPORT
HIS BILL.
PACKAGING MEDINA WITH ASIAN
AMERICANS ADVANCING JUSTICE
CALIFORNIANS STRONG SUPPORT.
MAUREEN WASHBURN WITH THE CENTER
ON JUVENILE AND CRIMINAL JUSTICE
IN STRONG SUPPORT.
DONNA MENDELL INFECT AND
REPRESENTING SAN FRANCISCO
PUBLIC DEFENDER JEFF ADACHI
FIGHTING MASS INCARCERATION
EVERYDAY WE'RE STRONGLY IN
SUPPORT.
MORE LISTENS IN ON THE MY NAME
IS DEAL SYSTEMS I'M WITH THE
SACRAMENTO ANTI RECIDIVISM
COALITION. WE ARE STRONGLY IN
SUPPORT.
GOOD MORNING CHRISTOPHER KELLY
ON FROM THE CALIFORNIA IMMIGRANT
POLICY CENTER IN STRONG SUPPORT.
THE MORNING SHE STEMMING OF
SILICON VALLEY DEBUG SAN JOSE
CALIFORNIA IN STRONG SUPPORT.
GOOD MORNING CECILIA CHáVEZ
SOUNDS A CALIFORNIA CIRCUMVENT
THE BE BACK IN STRONG SUPPORT.
BERNIE NUSSBAUM BOUDREAUX ELLA
BAKER CENTER.
STRONGLY SUPPORTED.
ELIZABETH TEARS AND I STRONGLY
SUPPORT.
TOTALLY NOT WAS A LOT ABOUT IT
BUT IN A STRONG SUPPORT.
YEAH NOT VIA SHACK WITH SILICON
VALLEY DEBUG AND I STRONGLY
SUPPORT.
PRISCILLA TIRES AND I STRONGLY
SUPPORT.
EUGENE DAY WITH THE ANTI
RECIDIVISM COALITION AND I
STRONGLY SUPPORT.
YOU KNOW THINGS WITH ANTI
RECIDIVISM COALITION WITH STRONG
SUPPORT AS WELL.
NICOLE OPEN CHAU WHAT THE ANTI
RECIDIVISM COALITION IN STRONG
SUPPORT.
SELENA CHICKEN WITH ANTI
RECIDIVISM COALITION WE SUPPORT.
LIMITS FOR THE BLESSED WITH ANTI
RECIDIVISM COALITION YOU JUSTICE
COALITION A STRONG SUPPORT.
ANGELIQUE KERBER THE NATIONAL
ASSOCIATION FOR SOCIAL WORKERS
STRONGLY SUPPORT.
THE BEATING HER CITY PROUD CO
SPONSORS WITH LEGAL SERVICES FOR
PRESENTS OF CHILDREN ARE STRONG
SUPPORTERS.
LARA DELFI WITH THE W. HAYWOOD
BURNS INSTITUTE IN STRONG
SUPPORT.
I AM IS IS IT MAN THIS.
PROD CO SPONSOR THE DRUG POLICY
ALLIANCE OR STRONG SUPPORT.
CATHERINE SNIDER WITH TIES
ADVOCACY CO SPONSOR IN STRONG
SUPPORT.
ANNA JOHNSON NATIONAL CENTER FOR
YOU FIND FROM RICHMOND
CALIFORNIA STRONG SUPPORT.
MIA MCCAMLY EFFORT CHEER TEAM
FROM OAKLAND AND STRONG SUPPORT.
FAILURES IN STUDENT FROM OAKLAND
AND I STRONGLY SUPPORT.
NOW THE MARTINDALE SOON FROM
OAKLAND STRONGLY SUPPORT.
SILICON VALLEY THE PRACTICE FROM
SUPPER.
CAMERON FREDERICK TEACHER THE
OAKLAND UNIFIED SCHOOL DISTRICT
IN STRONG SUPPORT.
DON'T READ ANYMORE DO YOU.
WELL YOU ON ABOUT CARS NATION IS
STRONGLY SUPPORT.
KNEELING HERBY ASUS ELEVATORS
CENTER CO SPONSOR IN STRONG
SUPPORT.
ERIC ANDERSON ELLA BAKER CENTER
FOR HUMAN RIGHTS SUPPORT.
OB ANTHONY FOR CA SEE JAKE
CALIFORNIA.
TONS OF CRIMINAL JUSTICE AND
HERNANDEZ STRATEGY GROUP AND
EXONERATED NATION ALSO STRONGLY
SUPPORT.
SONIKA ISLAM BUT THE OLYMPIC A
SINNER STRONGLY SUPPORT.
GAINES MACKEY WITH THE ANSWERS
WERE CITIZEN COALITION STRONGLY
SUPPORTS.
HOW YOUR STORY WITH FUELING
DIALOGUE AND ACTION STRONG
SUPPORT?
THE LAWYER WITH THE YOUTH
JUSTICE COALITION STRONGLY
SUPPORT.
DEREK MORGAN WHAT THEY'LL BAKER
CENTER STRONG SUPPORT AS WELL.
TOTAL SHOCKER WITH THE U. JESSA
CHOLECYSTITIS OF WHERE.
BUT NOW DO WE HAVE WITNESSES IN
OPPOSITION.
BUT THE.
WITNESSES INSUBORDINATE DELETED
TABLE SO THAT THE WITNESSES
OPPOSITION CAN.
IT MORE MEDICARE MEMBERS CORSO'S
ALONE WE HAVE A CALIFORNIA STATE
SHERIFFS ASSOCIATION REGRETTABLY
IN OPPOSITION TO SB THIRTEEN
NINETY TWO.
JUST POINT OUT FOR THE
COMMITTEE THAT IN TWO THOUSAND
ELEVEN.
THE LEGISLATURE ENACTED.
THE GOVERNOR SIGNED REALIGNMENT.
WE'VE LOOKED AT THE SYSTEM AS A
WHOLE WE TRANSFERRED SUPERVISION
RESPONSIBILITIES OF BOTH OF THE
INCARCERATION.
PROVISIONAL TO LOCAL
AUTHORITIES.
I'M TRANSFERRED MONEY AS A WAY
OF. ADDRESSING A NUMBER OF
ISSUES WITH THE CRIMINAL JUSTICE
SYSTEM.
IT'S BEEN.
LARGELY SUCCESSFUL IN CREATING
MORE COMMUNICATION AND
COOPERATION WITH COMMUNITY
MEMBERS.
ALTERNATIVES.
TO CUSTODY MORE PROGRAMMING
AVAILABILITY OF OPPORTUNITIES.
IT TWENTY FOURTEEN VOTERS
ENACTED PROPOSITION FORTY SEVEN
WHICH CONVERTED SEVERAL FELONIES
MISDEMEANORS IN TWENTY SIXTEEN
VOTERS APPROVED PROPOSITION
FIFTY SEVEN WHICH CREATED
ADDITIONAL CREDITS
I LOT FOR FELONS WHO ARE SERVING
STATE PRISON SENTENCES AS WELL
AS AN EARLY PAROLE PROCESS FOR
THOSE WHO HAVE WORKED TOWARDS
REHABILITATION AND EDUCATIONAL
OPPORTUNITIES.
IN TWO THOUSAND SEVENTEEN WE
REMOVED OTHER ENHANCEMENTS.
OUT FOR REPEAT OR SERIOUS
CRIMINAL ACTIVITY.
AND NOW THE LEGISLATURE'S AGAIN
BEING ASKED TO MAKE ADDITIONAL
CHANGES.
TO SENTENCING POLICY WE HAVE
LIVED THROUGH SEVERAL SEE
CHANGES IN CRIMINAL JUSTICE
POLICY IN THE LAST SIX AND A
HALF YEARS.
WE'RE NOT GIVING THE SYSTEM A
CHANCE TO ADJUST TO ALL OF THESE
CHANGES. OF THESE MAY BE THINGS
THAT NEED TO BE CONSIDERED.
BUT THE REALITY OF THIS IS THAT
THE ONE YEAR PRISON PRIOR IS A
TOOL FOR AND THE CRIMINAL
JUSTICE SYSTEM TO ADDRESS THE
FACT. THAT CERTAIN OFFENDERS
DESERVE APPROPRIATE PUNISHMENT.
AND MATT REPEAT OFFENDERS
SHOULD BE ADDRESSED CERTAINLY IN
A MANNER BEFITTING.
THEIR CRIMINAL ACTS THEIR
CRIMINAL HISTORY AND ALSO IN THE
FACT THAT THEY ARE DIFFERENT
FROM FIRST TIME OFFENDERS.
SO BECAUSE THIS REMOVE SENSE
AND HANDSOME AND SO REAP FROM
REPEAT OFFENDERS WERE OPPOSED TO
THE BILL THANK YOU.
EXCLUDE MISSIN OPPOSITION THANK
YOU MADAM CHAIR MEMBERS SHAUN
OFTEN WITH CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION. ECHO
EVERYTHING THAT MY COLLEAGUE
FROM THE SHERIFF'S ASSOCIATION
JUST SAID.
IS ENHANCEMENTS EXIST IN PART TO
ALLOW US TO TAILOR SENTENCES
THAT APPROPRIATELY REFLECT
SOMEONE'S CRIMINAL HISTORY ONE
OF THAT PRIOR WITNESSES.
SPOKE OF OF SOMEONE WHO'D STOLEN
A CAR AND GOT SIXTEEN MONTHS AND
THEN ANOTHER TWO YEARS BASED ON
THESE ENHANCEMENTS
IF I HAPPENING IN A VACUUM IT'S
NOT HAPPENING FOR NO REASON.
PERSON GOT THOSE ENHANCEMENTS
BECAUSE THEY HAD GONE TO PRISON
OR TO COUNTY JAIL TWICE BEFORE
AND STILL MADE THE CHOICE.
TO COME OUT AND STEAL ANOTHER
CAR.
SO THE POINT OF THESE
ENHANCEMENTS IS TO.
ALLOW THE SENSE TO REFLECT A
PERSON'S CRIMINAL HISTORY TO SAY
THAT A FIRST TIME OFFENDER AND A
FOURTH TIME OFFENDER ARE NOT
SIMILARLY SITUATED AND IF FOR
WHATEVER REASON THE JUDGE
BELIEVES THAT THEY ARE.
THIRTEEN EIGHTY FIVE ALREADY
GIVES THEM THE DISCRETION TO
STRIKE THESE ENHANCEMENTS IN THE
IN THE UP INTEREST OF JUSTICE SO
FOR THOSE REASONS WE ARE OPPOSED
TO SB THIRTEEN NINETY TWO.
ANY OTHER WITNESSES IN
OPPOSITION.
BUT RAIN SHERMAN WITH THE
RIVERSIDE SHERIFF'S ASSOCIATION
FOR THE SAME REASON STATE WERE
OPPOSED AS WELL.
JONATHAN CALIFORNIA POLICE
CHIEFS ASSOCIATION OPPOSITION
NOBODY NOT COORDINATOR SEATS.
.
YEAH.
RANDY PICKER THEIR READING
ASSOCIATE SOME HAVE A PLAQUE IN
OPPOSITION.
THAT NOT A JET MEMBER MATTHEW
SIGH RELYING ON BE HAPPY
ASSOCIATION TO LOS ANGELES TO BE
SURE OF LOS ANGELES POLICE
PROTECTIVE LEAGUE IN THE
ASSOCIATION OF.
DEPUTY DISTRICT ATTORNEYS ON
OPPOSITION THANK YOU.
RIGHT ANY OTHER WITNESSES IN
OPPOSITION. RIGHT SO BEFORE I'M
SENATOR MITCHELL WE LET YOU.
RESPOND I JUST WANT TO.
POINT OUT THAT IT IS BEEN.
.
WELL I WOULDN'T SAY THAT THE
STATE IS.
YET.
EXCELLENT AT THIS BUT THERE'S
BEEN A MOVE.
AND IN.
A VARIETY OF OUR POLICY AREAS
WHETHER IT'S IN THE HUMAN
SERVICES AREA CRIMINAL JUSTICE
AREA VARIETY OF DIFFERENT AREAS.
EVEN IN OUR ENVIRONMENTAL
POLICIES TO TRY TO. GROUND OUR
POLICY IN EVIDENCE BASED.
PRACTICES AND EVIDENCE BASED
DATA.
AND.
WHILE I APPRECIATE WHAT. THE
WITNESSES IN OPPOSITION HAVE
INDICATED AND TESTIFIED ABOUT.
YOU'RE THE RESEARCH DOESN'T
SUPPORT YOU THERE'S NO RESEARCH
THAT SHOWS THESE ENHANCEMENTS.
HAVE REDUCE THE CRIME OR REDUCED
RECIDIVISM.
BUT WHAT THE RESEARCH DOES SHOW
IS THAT THEY'VE CERTAINLY
INCREASED THE. POPULATION OF
PEOPLE INCARCERATED IN OUR STATE
AT GREAT EXPENSE TO THE STATE.
SO FOR MY POINT OF VIEW WHILE
YES THE CIRCUMSTANCES FOR SOME
OF THESE INDIVIDUALS.
ARE IS QUITE SERIOUS AND.
CERTAINLY.
.
WE WANT TO MAKE SURE THAT.
.
IT OUR SENSES AB FIT THE CRIME
OR ENHANCEMENTS HAVE NOT.
HELPED US IN TERMS OF EITHER
IMPROVING PUBLIC SAFETY. OR
REDUCING RECIDIVISM SO WHEN WE
LOOK AT IT FROM THAT POINT OF
VIEW THERE'S HARD IT'S VERY
DIFFICULT
TO MAKE THE CASE FOR WHY WE
SHOULD RETAIN THEM ON THE BOOKS.
SO I JUST WANTED TO. CLARIFY
WHERE THE COMMITTEE WAS COMING
FROM AND IF YOU LOOK AT THE
ANALYSIS WE SITE MUCH OF THAT
RESEARCH.
AND LET ME SEE IF THERE'S ANY
COMMENTS IN THE DIASPORA ALLOW
SENATOR MITCHELL TO EITHER
RESPOND TO COMMENTS FROM
OPPOSITION OR OTHERS. OR WHETHER
SHE WANTS TO CLOSE.
ALRIGHT THEN I WOULD SENATOR
MITCHELL YOU HAVE THE FLOOR.
THANK YOU VERY MUCH UP MADAM
CHAIR I I'LL KEEP IT BRIEF IN MY
CLOTHES.
.
I WOULD HAVE TO SAY THAT THAT
FROM FROM MY PERSPECTIVE THE
PERSPECTIVE OF THE BILLS.
CO SPONSORS.
SINCE ENHANCEMENTS DO NOT ALLOW
WITH TO TAILOR SENTENCES BASED
ON THE INDIVIDUAL CASE THEY ARE
IN LARGE PART.
AUTOMATIC IN MANDATORY AND THERE
ARE OVER FOUR HUNDRED SINCE
ENHANCEMENTS ON THE BOOKS.
IN MY OPENING YOU HEARD ME TALK
ABOUT THE PERCENTAGE OF PEOPLE
WHO ARE INCARCERATED BOTH IT
WITHIN CDC OUR FACILITIES IN
COUNTY JAILS WHO ARE IMPACTED BY
ENHANCEMENTS.
I APPRECIATE THE THE A WALK DOWN
MEMORY LANE IF YOU WILL FROM
REALIGNMENT TWENTY ELEVEN I'M TO
ACTIONS TAKEN CONSISTENTLY IN
FOURTEEN SIXTEEN SEVENTEEN. AND
YES THOSE ARE INTENTIONAL AND
WILLFUL IT IS OUR LEGISLATIVE
COLLECTIVE EFFORT TO TO DO
BETTER WHEN WE KNOW BETTER BASE
OF THE RESEARCH THAT YOU STATED.
I DON'T THINK AND IN REVIEWING.
PUBLIC STATEMENTS TESTIMONY IN
VIDEO OF MANY OF THE POLICIES
THAT WE ARE NOW TRYING TO ROLL
BACK.
THAT WERE PUT IN.
AS A PART THAT THAT THAT BECAME
AFFECT. WILL PUT INTO EFFECT AS
A RESULT OF THE WAR ON DRUGS
THERE WAS IT AND EXPRESSED
CONCERNED THEN ABOUT THE RAPID
NATURE WITH WHICH WE WERE.
PASSING LEGISLATION EXPANDING
THE PRISON POPULATION TO THE
POINT WE COULD BARELY KEEP UP
WITH CONSTRUCTION WHERE WE HAD
TO GO TO. PRIVATE PRISONS
INNOCENT PEOPLE OUT OF STATE SO
THERE WASN'T A SNCE THEN OF
TRYING TO MAKE SURE THAT OUR
POLICY MAKING WAS.
IN ACCORDANCE WITH WHAT THAT
THE INSTITUTION THE SYSTEM CAN
HANDLE.
I THINK WHEN WE LOOK AT THE
HUMAN TOLL THESE FAILED WAR ON
DRUGS POLICIES HAVE TAKEN ON
COMMUNITIES ON OUR BUDGET
SYSTEM.
IT IS MOST APPROPRIATE THAT WE
CONTINUE TO PUSH THE
ACCELERATOR.
ARM AGAIN FOLLOWING WHAT
RESEARCH SAYS IS NOT WORKING AND
BEGIN TO STRATEGICALLY ROLL BACK
THESE
POLICIES.
BUT WE ALL KNOW WE'RE UNDER
COURT ORDER TO REDUCE OUR
POPULATION AND I BELIEVE IT'S
OUR RESPONSIBILITY TO GET TO DO
THAT IN A SMART STRATEGIC.
HUMANE WAY THAT ENHANCES PUBLIC
SAFETY AND DOESN'T COMPROMISE
IT.
SO TO LOOK AT THE FOUR HUNDRED
ENHANCEMENTS ON THE BOOK. IS A
SMART WAY TO CONTINUE THAT
PROCESS WE STARTED LAST YEAR
WITH THE LEGISLATURE ON PASS A
COUPLE OF ENHANCEMENT.
REMOVAL BILLS THAT THE GOVERNOR
SIGNED AND THESE BILLS ARE
CONTINUING US CONTINUING US
ALONG THAT TRACK WITH THAT I ASK
FOR YOUR AYE ABOUT.
THANK YOU SENATOR MITCHELL THE.
.
MOTION THEN IS.
WITH THEM.
BUT WE DO PASSED TO
APPROPRIATIONS.
I WOULD LIKE TO BE ADDED AS A
CO AUTHOR THANK YOU.
.
DO WE HADN'T MOTION.
ALRIGHT. WE WILL HAVE BROKEN
OFF.
INNER LIGHT INNER AYE.
BRADFORD.
JACKSON I'VE JACKSON AYE
MITCHELL AYE SO I STONE.
DON'T KNOW WIENER. WIENER AYE.
BUT WE WILL THAT ARE ALL OPEN
FOR OUR TIME CAPS MEMBER TO ADD
ON WHEN HE RETURNS. AND WE WILL
NOW GO TO SENATOR MITCHELL'S AND
SECOND BILL WHICH IS SB THIRTEEN
NINETY THREE. POLICE FOR SEAT
THANK YOU AND WITH THAT.
I SEE THAT THE HEARING ROOM HAS
CLEARED OUT ON A MADAM CHAIR
WITH YOUR INDULGENCE IF IF YOU
WOULD ALLOW.
WITNESSES I'M WHO ARE CO
SPONSORS OF THE BILL TO LINE UP
ON AND IN OTHERS LAW I DEEPLY
APPRECIATE YOUR TIME AND EFFORT
TO TRAVEL. THE STUDENTS FROM
OAKLAND NOTES FROM LOS SANDERS
ACROSS THE STATE ON IT IN
RESPONSE TO THE CHAIRS. DESIRE
IF YOU COULD YOU KNOW WILL.
PRACTICE OUR AMERICAN SIGN
LANGUAGE AND IF YOU'RE IN
SUPPORT OF THE BILL AND
REPRESENT IF WE ORGANIZATIONS
ARE WE SPOKE WITH YOU CAN JUST
SIGNIFY BY.
GIVE ENOUGH APPLAUSE
THAT WORK FOR YOU MADAM CHAIR
I'M TRYING TO I'M TRYING TO GET
TO AYE VOTE ON THE BILL THANK
YOU MA'AM. TODAY I PRESENT.
S. B. THIRTEEN NINETY THREE
AGAIN THE BILL TO BRING US
CLOSER TO A FAIR AND JUST FORM
OF SENTENCING THIS BILL WOULD
RESTORE THE COURT'S DISCRETION.
IN THE INTEREST OF JUST ABOUT
THE TIME OF CERTAIN SENTENCING
TO STRIKE SINCE ENHANCEMENTS FOR
PRIOR SERIOUS FELONY CONVICTIONS
WHEN A PERSON IS CURRENTLY
CHARGED WITH A SERIOUS FELONY.
UNDER CURRENT LAW ONE OF THE
MOST COMMONLY USED ENHANCEMENT
IS THE MANDATORY FIVE YEAR
ENHANCEMENT. FOR PRIOR
CONVICTIONS OF SERIOUS OFFENSES
WHICH IS APPLIED CONSECUTIVELY
FOR EACH PRIOR CONVICTION.
SENTENCING ENHANCEMENTS FOR
PRIOR CONVICTIONS CONSISTENTLY
RESULT IN ELONGATED PERIODS OF
INCARCERATION AT ARE THE MAIN
CONTRIBUTORS TO PRISON
OVERCROWDING.
WHILE MOST SINCE ENHANCEMENTS
CAN BE DECLINED IF THE JUDGE
BELIEVES THEIR ON. UNDRESSED
THIS ENHANCEMENT IS MANDATORY IN
ALL CASES WHICH RESTRICTS THE
JUDGE PURVIEW DID CAMERA SINCE
THE PIT THE CRIME AND
CIRCUMSTANCES.
SENTENCE ENHANCEMENT ARE DOUBLE
JEOPARDY THEY WILL CONTINUE TO
BE SO EVEN IN THE CASE OF
JUDICIAL DISCRETION IT IS
IMPORTANT TO REMEMBER HOWEVER
THAT THESE ARE INCREMENTAL STEPS
TOWARD UNWINDING. THE MASSIVE
PUBLIC POLICY FAILURE KNOWN AS
MASS INCARCERATION.
STAKEHOLDERS OPPOSING THIS
LEGISLATION ALL STRIKE A SIMILAR
CORD.
PRESSING AND INHERENT LACK OF
TRUST IN OUR CORRECTIONAL
SYSTEM.
TO PERFORM REHABILITATION.
I'VE SAID IT BEFORE BUT I'LL SAY
IT AGAIN MORE TIME DOES NOT
EQUAL LESS CRIME.
SOME GROUPS HAVE SAID THAT THERE
ARE NO SCENARIOS IN WHICH A
JUDGE WOULD STRIKE THIS
ENHANCEMENT.
THIS SOUNDS TO ME LIKE A CLEAR
LACK OF TRUST IN OUR ARBITERS OF
JUSTICE.
LENGTHY PRISON TERMS DON'T
DETERMINE CRIME THEY DON'T
REDUCE RECIDIVISM AND THEY DON'T
HELP REHABILITATION. WHAT THEY
DO?
DICK ACCOMPLISH IS THEY LEAD TO
COMPROMISE FAMILY STRUCTURES
HIGH FINANCIAL BURDENS TO
COMMUNITIES FAMILIES AND THE
STATE. AND A LACK OF
OPPORTUNITY.
IT SHOULD BE NOTED THAT THIS
FAIR AND JUST SENTENCING REFORM
WOULD SIMPLY RETURN JUDICIAL
DISCRETION BACK TO THE HANDS OF
THE JUDICIARY. WHICH WAS IN
EFFECT BEFORE THE DISASTROUS
DISASTROUS TOUGH ON CRIME AND
MASS INCARCERATION PUBLIC
POLICIES WERE PASSED.
OUR WITNESSES TODAY. ERIC*
KEEP PROUD DEPUTY MEDICINAL
COUNTY. AND SECURE PRINCE.
AND I'LL ASK THAT SINK HERE
TESTIFY PART FIRST PLEASE THANK
YOU PLEASE PROCEED.
GOOD MORNING CHAIR AND MEMBERS
OF THE COMMITTEE MY NAME IS LIKE
YOUR PARENTS I REMEMBER OF THE
ELLA BAKER CENTER FOR HUMAN
RIGHTS AND A SOCIAL WORKER IN
SAN FRANCISCO.
BUT TODAY I AM HERE REPRESENTING
THE LOVE ONES OF INCARCERATED
FOLKS.
I'M HERE IN SUPPORT OF SB
THIRTEEN NINETY THREE BY SENATOR
MITCHELL THE FAIR AND JUST
LISTEN TO THING REFORM ACT OF
TWO THOUSAND AND EIGHTEEN.
MY HUSBAND IS SERVING HIS
SIXTEENTH YEAR OF A THIRTY FIVE
YEARS TO LIFE SENTENCE.
TEN YEARS OF WHICH ARE DUE TO
HER RECEIVING TO THE MANDATORY
FIVE YEAR SENTENCING
ENHANCEMENTS WE ARE HERE TO TALK
ABOUT TODAY.
HE'S SERVING TIME FOR A CRIME IN
WHICH ALL WAS HURT OR EVEN
THREATENED.
MY HUSBAND'S PRIOR CONVICTIONS
WERE USED TO STRIKE AMOUNT FOR
WHICH HE WAS GIVEN TWENTY FIVE
YEARS TO LIFE. AND THOSE SAME
PRIOR CONVICTIONS WERE USED
AGAIN TO SEND THEM TO TWO
CONSECUTIVE FIVE YEAR PRISON
TERMS.
SENATORS I AM NOT HERE TODAY TO
INSINUATE THAT MY HAS MISSION
NOT SERVE TIME FOR HIS
APPEARANCES.
I'M HERE TO EXPRESS THE ADVERSE
EFFECTS EXCESSIVE SENTENCING
HAVE ON EVERYDAY HARD WORKING
CONSTITUENTS LIKE MYSELF.
ONE OUT OF EVERY FOUR WOMEN HAS
A LEVEL ONE WHO'S INCARCERATED.
AND THESE WOMEN SUFFER FROM
SECONDARY TRAUMATIC STRESS OF
INCARCERATION AND DO WHAT THE
FINANCIAL EMOTIONAL AND MENTAL
STRAIN OF THE SAME.
TODAY I WANT TO TALK ABOUT MY
PERSONAL EXPERIENCE.
MY INTENTION IS TO GIVE YOU A
GLIMPSE OF HOW INCARCERATION HAS
IMPACTED OUR FAMILY. BECAUSE WE
ARE ALL SERVING EVERY MOMENT OF
THIS SENTENCE.
LOVING SOMEONE IN PRISON IS
EXPENSIVE.
WHAT EXPENSES SUCH AS GLOBAL
TELLING CALLS PACKAGES MONEY FOR
THE STORE BECAUSE THE FOOD
GAS AND MONEY FOR E. EXPENSIVELY
PRICED JUNK FOOD ON VISITS I'M
STRUGGLING.
OVER THE TEN YEARS OUR FAMILY
HAS BEEN APPROXIMATELY THIRTY
FOUR THOUSAND DOLLARS TO SUPPORT
MY HUSBAND DURING HIS
INCARCERATION. NOT TO MENTION
THAT NEARLY SEVEN HUNDRED AND
TEN THOUSAND IN TAX DOLLARS.
EVERYONE IN THIS ROOM HAVE
CONTRIBUTED TO KEEPING MIKE HAS
BEEN INCARCERATED.
BECAUSE OF EXHAUSTED FINANCES I
WAS FORCED TO MOVE AND NOW HAVE
TO COMMUTE NEARLY THREE HOURS TO
AND FROM WORK.
THE FINANCIAL ASPECT IS
DIFFICULT HOWEVER THE EMOTIONAL
AND MENTAL RAMIFICATIONS OF
INCARCERATION ARE DETRIMENTAL.
EMOTIONAL INTIMACY IS THE CENTER
FOR GROWTH IN A RELATIONSHIP.
BUT FOR MY HUSBAND AND MY ALL OF
OUR COMMUNICATION AND TIME SPENT
TOGETHER IS OBSERVED IN
SCRUTINIZED.
BECAUSE OF THIS MANDATORY
ENHANCEMENT IT IS TEN ADDITIONAL
YEARS OF TRYING TO COPE WITH THE
FACT OF AFTER EVERY VISIT I HAVE
TO LEAVE MY LEVEL BEHIND IN A
CRAMPED PRISON CELL.
TEN ADDITIONAL YEARS BEFORE I AM
ABLE TO START A FAMILY BUT THE
MAN I LOVE. THE MAN WHO HAS
GROWN SUBSTANTIALLY OVER THE
LAST SIXTEEN YEARS AND HAS
MATURED INTO BE AMAZING HUSBAND
I AM PROUD TO CALL MINE. THE MAN
WHO AGAIN HAS ALREADY SERVED HIS
TIME FOR HIS PREVIOUS OFFENSES.
SENATORS THIS IS WHY I'M ASKING
YOU TODAY TO PLEASE WELL I FOR
S. B. THIRTEEN NINETY THREE.
THANK YOU FOR YOUR TIME AND
CONSIDERATION.
THANK YOU NEXT WITNESS.
YES MY NAME IS THERE ERIC
RUNNERS I'M A CRIMINAL DEFENSE
ATTORNEY HAVE BEEN SO FOR THE
LAST.
WAS HERE IN CALIFORNIA. I AM THE
CHIEF TRIAL DEPUTY FOR THE
MISSION OF COUNTY PUBLIC
DEFENDER'S OFFICE BUT I SPEAK.
THE PRIVATE CITIZEN TODAY.
I WANT TO CHANGE ED
TAX A LITTLE BIT.
FROM CLUB I DO SUPPORT THE
MEASURE BILL THIRTEEN NINETY
THREE. BUT DE THE REASONS FOR
THIS ARE A LITTLE BIT DIFFERENT.
THEN MY SUPPORT FOR THE
PREVIOUS LEGISLATION THAT REALLY
HAS TO DO WITH WHAT WE CALL
STACKING.
AS.
DEFENSE ATTORNEYS WHICH IS THE
ADDING OF THE FIVE YEAR. THAT
PRIOR AS WE REFER TO THOSE AS
NICKEL PRIORS IN ADDITION TO FOR
EXAMPLE STRIKES OR OTHER.
CHARGES.
AND WHAT IT REALLY RAISES IS THE
SPECTER OF SOMETHING THAT IS.
HAS.
IS THE CONCERN WITH RESPECT DUE
PROCESS AND TO EQUITY AND DO ONE
OF THE FUNDAMENTAL BET PRODUCT
BEDROCK PRINCIPLES. OF OUR
JURISPRUDENCE.
AND THAT IS THAT EVERY PERSON
IS PRESUMED.
GUILTY
AND EVERY PERSON DESERVES THEIR
DAY IN COURT. AND WITH A SOME OF
THESE.
NICKEL PRIORS FIVE YEAR PRIORS
WHAT HAPPENS IS AS A DEFENSE
ATTORNEY.
THERE OUR OFTEN CASES THAT I
HAVE AND I'VE HAD.
SEVERAL IN THE LAST.
YEAR IN WHICH THE PROSECUTION.
PROVIDES A DISCOVERY AND THE
FACTS OF THE CASE ARE RELATIVELY
WEAK. AND BOND NORMALLY I WOULD.
I WOULD TAKE THAT CASE TO TRIAL
OHTAKE TO JURY TRIAL IT SHOULD
BE TAKEN TO TRIAL.
AND YET WHEN I LOOK AND I
CALCULATE THE NUMBER OF YEARS
THAT MY CLIENT IS LOOKING AT IT
FROM THE FIRST THINGS I DO WHEN
I TALK TO MY CLASS.
AS MY CLIENTS A KEY
ME OF
GIVING THEM A BAD NEWS AND I
SAID THAT'S THE FIRST THING I
HAVE TO DO. SOMETIMES MY CLIENTS
ARE LOOKING AT EIGHTEEN YEARS.
AND FOR A CASE FOR WHICH THEY
MAY BE FACTUALLY INNOCENT AND
THEY MAINTAIN THEIR INNOCENCE.
AND THAT'S ONE OF THE REASONS
WHY I'M A VERY SUPPORTIVE OF
THIS BILL AND I THINK YOU FOR
YOUR TIME.
THANK YOU WILL.
NOW HEAR FROM THE OTHER
WITNESSES IN SUPPORT AT THE
MIKE.
AND.
.
HEN AT THE END OF THEIR.
.
INDICATION WILL ALLOW THOSE OF
YOU WHO ARE HERE IN SUPPORT TO.
GIVE AS SENATOR MITCHELL
INDICATED.
YOUR.
SIGN LANGUAGE HEARING YEAH. UP.
RIGHT.
GRETA BUT JIM LIMBURGER ON
BEHALF OF THE FRIENDS COMMITTEE
ON LEGISLATION CALIFORNIA CO
SPONSOR AND ALSO HERE TODAY
REPRESENTING CHIRWA THE
COALITION FOR HUMANE. IMMIGRANT
RIGHTS LOS ANGELES CO SPONSOR IN
SUPPORT.
US FUND DRAU AND ELLA BAKER
CENTER FOR HUMAN RIGHTS AND
STRONGLY SUPPORT.
BURKE SPONSOR CATHERINE CIDER
WITH TIES ADVOCACY CO SPONSOR IN
STRONG SUPPORT.
MICHAEL DOCTOR OFF ON BEHALF OF
THE ACLU OF CALIFORNIA CO
SPONSOR STRONG SUPPORT.
FUNDAMENTAL ON BEHALF OF SAN
FRANCISCO PUBLIC DEFENDER JEFF
ADACHI IN STRONG SUPPORT.
CRITICAL UNIT FROM THE
CALIFORNIA IMMIGRANT POLICY
CENTER IN STRONG SUPPORT.
HELLO THIS IS A NON THIS WITH
THE DRUG POLICY ALLIANCE PROUD
COSPONSORED STRONG SUPPORT ALSO
HERE FOR CATHOLIC. CHARITIES.
HIGH AMBER ROSE POWERED HERE
WITH CALIFORNIANS UNITED FOR A
RESPONSIBLE BUDGET COALITION OF
OVER SEVENTY ORGANIZATIONS.
PROUD SPONSOR ON THIS BILL.
HELLO AGAIN SABRINA CHRIS AT
REPRESENTING LEGAL SERVICES FOR
PRISONS WITH CHILDREN PROUD CO
SPONSOR.
HELLO AGAIN MY NAME ISRAEL
MARILYN WHILE STILL IN. I AM
REPRESENTING THE WOMEN'S POLICY
FOUNDATION OF CALIFORNIA THE
WOMEN'S POLICY INSTITUTE. AND
CALIFORNIA COALITION FOR WOMEN
PRISONERS WE ARE PROUD CO
SPONSORS OF THIS BILL. AND WE
ARE PROUD SUPPORTERS AS WELL
THANK YOU.
EGYPT AND GERMANY IN OF ASIAN
AMERICANS INVESTORS CALIFORNIA
CHUNKS PART.
TERRACE SUCKER WITH YOU JUST THE
COALITION IN CHUNKS APART.
GLORIA GONZALEZ WITH THE YOUTH
JUSTICE COALITION IN STRONG
SUPPORT.
DESK JOB FROM BELIZE OF THE
COMMAND WE ARE PROUD CO SPONSORS
OF THE BILL.
YOU KNOW A GOOD DINO ALL OF US
IN AND BAY AREA WE PROBABLY
SUPPORT THIS BILL.
MORGAN CARB ALTERNATIVE STRATEGY
GROUP ON BEHALF OF THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE IN SUPPORT.
PENALTIES. THE ENTIRE RECIDIVISM
COALITION WHO STRONG SUPPORT
FOR.
OTHER SUPPORTERS.
EXCELLENT.
WE WILL NOW HEAR FROM OUR
WITNESSES IN OPPOSITION.
YEAH THANK YOU APPRECIATE HIGH
PRECISION.
I'M EXTRA HAPPY.
THANK YOU ARE FULFILLED.
PRINTER CORSO'S ALONE HAVE THE
CALIFORNIA STATE SHERIFFS
ASSOCIATION IN THE INTEREST OF
TIME. A MEMBER OF IT I THINK I
WOULD DO WITH YOUR PERMISSION
JUST INCORPORATE BY REFERENCE MY
REMARKS ON THE PREVIOUS MEASURE.
AS IT RELATES TO
THE PROPRIETY OF SINCE
ENHANCEMENTS ACKNOWLEDGING.
ABOUT THE FACT THAT A PERSON IN
THIS PARTICULAR CASE HAS
COMMITTED AT LEAST ONE SERIOUS
FELONY BEEN CONVICTED. OF BEEN
SENT TO PRISON BEEN RELEASED
AMEND DONE THAT SAME THING ALL
OVER AGAIN AND THE SIGNAL JUST
THAT AND TAKING AWAY THE ABILITY
TO AGAIN TAYLOR'S SENSES. ABOUT
CREATES PROBLEMS ESPECIALLY NOW
IN THE CONTEXT OF PROP FIFTY
SEVEN WHICH.
THAT ENHANCEMENT COULD BE
WAIVED UNDER THE PROVISIONS OF
THAT BILL.
THANK YOU NOTE THANK YOU.
YOUR MEMBERS JOHN THE FILM OF
THE CALIFORNIA POLICE CHIEFS
ASSOCIATION. YOU KNOW I'D POST
PROP FIFTY SEVEN A LOT OF FOCUS
HAS BEEN. ON THIS LIST OF
SERIOUS FELONIES.
I IN OUR.
IN A LOT OF CONCERNS BEEN
BROUGHT UP ABOUT THE POTENTIAL
RELEASE OF SOME THESE SERIOUS
FELONS UNDER PROPERTIES AT BEEN.
OUT WE DID POLLING.
YOU KNOW THIS FALL STATEWIDE TO
FIND OUT IS THERE A PUBLIC
SUPPORT FOR EARLY RELEASE OF
THESE FELONS DO YOU CONSIDER
THESE FELONS VIOLENT WHEN YOU
LIST OUT WHAT WHAT THE FAMILIES
ACTUALLY OUR. BRAVE OF AN
UNCONSCIOUS PERSON HUMAN
TRAFFICKING OF A MINOR.
SO WITH A DEADLY WEAPON THINGS
LIKE THAT. OF THE.
POINT IS OFF THE CHARTS THERE'S
THERE'S NOT PUBLIC SUPPORT FOR
EARLY RELEASE
OR CONSIDERING THESE NON VIOLENT
FELONS. AND THAT'S LISTENING TO
THAT POINT WAS INTO OUR
COMMUNITIES THAT WE ARE
RESPONSIBLE FOR PROTECTING WE
HAVE TO OPPOSE THIS BILL.
ANY OTHER WITNESSES IN
OPPOSITION. MATTHEW CYBERLINK ON
BEHALF OF THE ASSOCIATION FOR
LOS ANGELES DEPUTY SHERIFFS A
LOS ANGELES POLICE PROTECTIVE
LEAGUE ASSOCIATION OF DEPUTY
DISTRICT ATTORNEYS ON
OPPOSITION.
BRIAN SHERMAN WITH THE RIVERSIDE
SHERIFF'S ASSOCIATION ALSO IN
OPPOSITION.
SEAN OFTEN WITH THE CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION
ALSO OPPOSITION.
ANY OTHERS.
SEEING NINE.
RIGHT SENATOR JACKSON.
THANK YOU.
AND I APPRECIATE THAT THE
PUBLIC DOESN'T WANT. DANGEROUS
PEOPLE OUT IN THE STREET BUT.
AS YOU AS YOU THINK ABOUT.
PEOPLE WHO ARE GOING BACK FOR
THEIR SECOND AND THIRD IN THREE
STRIKES AND ALL THOSE. THOSE IN
THAT ALSO REFLECT THE FAILURE OF
OUR SYSTEM OF CORRECTIONS.
AND AND AND THAT'S WHAT TROUBLES
ME A I THINK THAT.
THE EMPHASIS AND I THINK THE
PUBLIC DOES SUPPORT. EMPHASIZING
REHABILITATION AND RE ENTRY.
OUGHT RATHER THAN PUNISHMENT
BECAUSE FRANKLY THE PUNISHMENT
DOESN'T WORK YOU HAVE THESE TWO
AND THREE TIME IN LIFE FOR
OFFENDERS.
YET OR PEOPLE YOU KNOW THREE
STRIKES AND YOU'RE OUT I MEAN IT
WAS CONCEPTUALLY NOT A BAD IDEA
EXCEPT THAT IT'S A THAT HAS BEEN
AN ABJECT FAILURE.
BUT WHAT BUT UP WHAT.
MAKES ME WONDER ABOUT THIS IS
THAT IT.
IT STILL DOES GIVE THE COURTS
DISCRETION
TO ADD AN ENHANCEMENT
SO IF THE JUDGE LOOKS AT SOMEONE
AND SEES THAT THEY MAY BE
INCORRIGIBLE IT WEEK THAT WE MAY
HAVE LOST THEM.
THEY MAYBEPEOPLE WHO WE CHOSE
CAN'T SAVE AND CANNOT BE
REHABILITATED. BUT I DISAGREE
THAT THE PUBLIC DOESN'T AT THIS
POINT TIME SUPPORT THE NOTION
THAT WE NEED TO DO BETTER. AND
WE NEED TO TRY TO REDUCE PEOPLE
IN OUR PRISONS AND.
I HAVEN'T SPOKEN ON THE OTHER
TWO ISSUES ARE BUT I THINK THEY
ALL SHARE A VERY COMMON THREAD.
AND THAT THREAT IS THAT WE HAVE
TO START LOOKING AT THE WHOLE
CONCEPT OF REHABILITATION
REENTRY OF PEOPLE BACK INTO OUR
SOCIETY AND. AND I HOPE THAT IF
THESE MEASURES TO OUR GET SIGNED
INTO LAW IF THEY MAKE IT THROUGH
THAT A WEEK. OR CA THEY GET
SIGNED IN LOBBY THAT WE FUND
THAT NECESSARY REHABILITATION
PROCESS IN PRISONS TRYING TO
ADDRESS THE REASONS PEOPLE ARE
THERE. GET THEM EDUCATED GET
THEM JOBS GET THEM OUT OF THE
CYCLE OF OF. A CRIMINAL BEHAVIOR
THAT HAS BROUGHT THEM THERE IN
THE FIRST PLACE WEEKEND ME WHAT
I THINK IS THE PUBLIC OBJECTIVE
WHICH IS TO REDUCE THE AMOUNT OF
MONEY WE SPEND ON A PRISON
SYSTEM THAT DOESN'T REALLY
ACCOMPLISH MUCH.
SO I M..
I WANT TO SUPPORT THIS AND AND
AGAIN IT'S NOT GONNA WORK IF WE
DON'T FIND THE REHABILITATION
TOOLS AND DEAL WITH THE CAUSES
OF WHAT MAKES PEOPLE BEHAVE. A
IN WAYS THAT ARE ANTI A SOCIAL
AND CRIMINAL BUT I THINK THAT.
WE REALLY NEED TO GIVE IT A TRY
AND I ALSO THANK ALL THESE.
PEOPLE WHO ARE HERE OF. SHARING
THEIR THEIR CONCERNS AND THEIR
HUMAN EXPERIENCE YOU KNOW WE
JUST PUT PEOPLE IN JAIL AND
IMPRISONED ON WE. WE TALK ABOUT
HIM IS YOU KNOW THE AS OF THEIR
LESS THAN HUMAN. AND IN SOME
INSTANCES. BECAUSE OF THE
WEATHER BUT HEY I TREATED IN
PRISON THEY BECOME LESS THAN
HUMAN SO I THINK PART OF IT IS.
IS OUR RESPONSIBILITY AND WE
NEED TO DO BETTER AND. I
CERTAINLY WOULD LIKE TO GIVE
THIS A TRY AND SO WITH THAT I'LL
MOVE THE BILL.
THANK YOU SENATOR STONE. THANK
YOU I'M AND SHARE AND.
AND I REALIZE THAT I'M GOING TO
BE THE.
.
OF THE LONE DISSENTER HERE ON
THIS SUITE OF BILLS ALTHOUGH I
HAVE A DEEP RESPECT FOR. MY
FRIEND FROM LOS ANGELES WHO WAS
THE FIRST SENATOR THAT I
ACTUALLY SAT DOWN WITH ONLY GOT
ELECTED TO THIS BODY AND I NEVER
FORGET THAT DAY WE.
THE SHAPE THAT.
AND I KNOW THAT THERE'S A
PHILOSOPHY.
HERE.
IN THE MAJORITY PARTY THAT WE
WANT TO DO WHATEVER WE CAN TO
REHABILITATE TO PEOPLE THAT HAVE
COMMITTED SERIOUS AND NON
SERIOUS CRIMES OF THE STATE OF
CALIFORNIA AND I SUPPORT THOSE
EFFORTS.
BUT I'LL TELL YOU IN IN MY
DISTRICT.
AFTER WE'VE SEEN THE.
HISTORICAL PERSPECTIVE OF AB ONE
ON MINE PROP FORTY SEVEN PROFIT
THE SEVEN THE NUMBER ONE ISSUE.
AND MY DISTRICT IS PEOPLE'S
CONCERN ABOUT PUBLIC SAFETY AS
WE'VE SEEN CRIME. IN AT LEAST
THE TWENTY EIGHTH DISTRICT.
BLADDER CONTROL.
AND WHILE I'D LIKE TO SAY THAT
WE WANT. TO LIVE UP TO THE NAME
REHABILITATION WITH THAT OUR
PRISON SYSTEM I DO BELIEVE.
THAT WE SHOULD HAVE PUNISHMENT
FOR PEOPLE TO COMMIT SERIOUS
CRIMES AND THERE SHOULD BE
CONSEQUENCES AND THOSE
CONSEQUENCES SHOULD BE MADE
KNOWN TO THOSE THAT ARE
CONSIDERING DOING. THOSE SERIOUS
CRIMES.
AND ONE WORD THAT I HAVEN'T
HEARD I DON'T THINK ONCE IN THE
THREE BILLS CENTER IN THIS
SUITE.
IS THE VICTIMS.
YOU KNOW.
THEY'RE NOT HERE TO TALK ABOUT
THE DEVASTATION TO THEIR LIVES
WITH THE LOSS OF THEIR LOVED
ONES.
OR THE ASSAULTS OF THEIR LOVED
ONES.
HAVE HAD TO INDOOR AND HOW MANY
VICTIMS HAVE WE SAVED BY KEEPING
SOME OF THESE MORE DANGEROUS.
CRIMINALS BEHIND BARS FOR THE.
MANDATORY FIVE YEAR PENALTY
INCENSE ENHANCEMENTS THAT BY THE
WAY YOU ONLY GET THAT IF YOU ARE
STRIKER AND YOU GET ACCUSED OF
ANOTHER STRIKE. WHICH IS A VERY
SERIOUS FELONY IF IT'S JUST A
ANOTHER CRIME IS IS A DOUBLING
OF OF THE SENTENCE WITHOUT THE
FIVE YEAR.
UP COUNTY BUT IT'S ALSO
INTERESTING THAT IN THE PAST
THREE BILLS WERE.
WE'RE LOOKING AT DID JUDICIAL
DISCRETION IN SOME CASES WE WANT
TO HAVE JUDICIAL DISCRETION IN
OTHER CASES WE DON'T WANT TO
HAVE. JUDICIAL DISCRETION WITH
THE ULTIMATE GOAL OF BASICALLY.
TAKING CARE OF THE MANTRA WE
NEED TO GET RID OF OUR PRISON
POPULATION AND I AGREE I'D LOVE
TO HAVE A SMALLER PRISON
POPULATION IF IT DIDN'T COME AT
THE EXPENSE OF PUBLIC SAFETY
THAT ARE. INNOCENT CITIZENS HAVE
TO ENDURE HER.
IN IN THE COMMUNITY SO.
WHILE I APPRECIATE THE OF THE
EFFORTS OF.
MY GOOD FRIEND FROM FROM LOS
ANGELES.
I'M CONCERNED THAT.
THERE NEEDS TO BE CONSEQUENCES
OF CRIMES WE NEED TO DO MORE BUT
WITHOUT WILL AGREE WE NEED TO DO
MORE AS MY GOOD FRIEND FROM
SANTA BARBARA MENTION TO
REHABILITATE PEOPLE TO.
GET THEM MOVING IN THE RIGHT
DIRECTION BUT WE ALSO NEED TAKE
CONSIDERATION OF OF VICTIMS. AND
PRIOR LEGISLATION THAT YOU KNOW
IT SEEMS TO GO IN WAVES YOU KNOW
WE WANT TO GET TOUGH ON CRIME
BEEN AND WHAT DECADE AND THEN WE
SAY WHAT W GOBBLED IT TOO FAR.
AND NOW WE WANT TO BE REAL.
LOOSE ON CRIME.
I WANNA MAKE SURE THAT MY
COMMUNITIES ARE SAFE THAT'S THE
NUMBER ONE RESPONSIBILITY OF
ELECTED OFFICIALS LONG AS I
SERVE THAT WILL BE.
MY PRIORITY.
THANK YOU.
SO SENATOR MITCHELL FOR YOU RAP
BUT I CAN'T HELP IT.
.
THE BILLS THAT WE DEALT WITH
TODAY.
THE PRIMARY BILL WHERE WE
ELIMINATED TO JUDICIAL
DISCRETION. WAS A BILL WHERE WE
RESTORED THE ABILITY TO TREAT
FOURTEEN AND FIFTEEN YEAR OLDS
AS JUVENILES WHICH THEY ARE.
ANY OTHER BILLS.
ONE COULD.
YEAH MAYBE QUIBBLE AROUND
WHETHER WE TOOK WAIT JUDICIAL
DISCRETION BECAUSE ACTUALLY.
WHAT WE DID WAS REMOVE
SENTENCING HANSEN'S THERE'S
STILL A GREAT DEAL OF JUDICIAL
DISCRETION FOR EXAMPLE? IN.
THE ABILITY FOR THE PROSECUTOR
TO ARGUE THAT.
BEEF FELONY CONVICTION SHOULD
BE DEALT WITH AS A TRIAD WHICH
WOULD ALLOW FOR A JUDGE TO
SENTENCE IN A WAY THAT IS
SIMILAR TO THE ENHANCEMENTS.
SO WE'VE NOT FULLY ELIMINATED
JUDICIAL DISCRETION HERE AND I
WANT TO PUT THAT ON THE RECORD
BECAUSE.
I USED BEEN DESCRIBED A LITTLE
BIT DIFFERENTLY IN THE
DISCUSSION HERE BEFORE THE
COMMITTEE. SO.
WITH THE ELIMINATION OF
ENHANCEMENT STILL GIVES THE
JUDGE AND THE PROSECUTOR THE
ABILITY TO WEIGH. THE CRIMES
IN SUCH A WAY THAT WOULD.
IN CERTAIN CASES CREATE A
LARGER SENTENCE THAN IN OTHER
CASES BUT WHAT IT DOES IS
ELIMINATE THESE ENHANCEMENTS
WHICH.
THE RESEARCH HAS INDICATED AND
THERE'S NO RESEARCH I WOULD JUST
POINT OUT THERE'S NOT.
THAT SHOWS THE ENHANCEMENTS HAVE
BENEFITTED PUBLIC SAFETY.
SO ALL OF THE RESEARCH SHOWS
THAT THEY'VE NOT NECESSARILY SO
I JUST WANTED TO PUT THAT ON THE
RECORD. AND ASH SENATOR
MITCHELL.
YOU MAY CLOSE
THANK YOU VERY MUCH AND I'VE I
APPRECIATE. THE POINTS YOU RAISE
AND I I WOULD ADD TO YOUR POINT
MADAM CHAIR.
WITH REGARD TO JUDICIAL
DISCRETION YOU KNOW THESE BILLS
DON'T TOUCH MANDATORY MINIMUMS.
AND SO.
.
A AND I HAVE TO.
DISAGREE WITH MIGHT FIND
COLLEAGUES FROM TO MACULA IN
TERMS OF TOUGH ON CRIME VERSUS
LOOSE ON CRIME.
AND I WOULD ALSO SAY THAT.
.
YOU'RE DISTRICTS FAIR YOU'RE
VERY LOVELY DISTRICT IS
VIRTUALLY NO DIFFERENT FROM MINE
IN TERMS OF THE MILLION PEOPLE I
REPRESENT THE MILLION PEOPLE YOU
REPRESENT. WHO ALL VALUE AND
RESPECT AND WANT
COMMUNITIES THAT ARE SAFE?
WHERE WE PERHAPS DISAGREE SIR IS
HOW WE DEFINE WHO THE VICTIMS
ARE?
A I WOULD SUGGEST TO SOME OF THE
PEOPLE COME UP AND TESTIFY TODAY
HAVE BEEN VICTIMS. OF A BIASED
OVERLY AGGRESSIVE.
SYSTEM
A SYSTEM THAT SAYS IMPLICIT AND
EXPLICIT BIAS BASED ON RACE BASE
OF SOCIOECONOMIC STATUS BASED ON
ACCESS TO COUNSEL.
.
BUT FORGET IT DEPENDS ON HOW YOU
DEFINE WHO THE VICTIMS JULIE
ARE.
OUR IN OUR.
AT BUILT LASHER INCIDENTS
ENHANCEMENTS ARE WE ACTUALLY DID
HAVE VICTIMS.
WHO UPON REVIEW OF THE RESEARCH?
UPON LIVING THROUGH THE
EXPERIENCE OF SEEN ON THE
PERPETRATOR GO THROUGH THE COURT
PROCESS.
UNDERSTOOD THAT THE ENHANCEMENT
DIDN'T MAKE IT ANY SAFER TODAY
THAN IT DID.
PREVIOUSLY WE FIND OURSELVES IN
A CATCH
TWENTY TWO.
WHERE?
AND SEMANTICS I THINK IS KEY.
I WOULD LOVE TO SEE THE DETALS
OF THE POLL THAT WAS CITED. UP
ONE POINT THINKING GEE I KNOW WE
GOTTA.
BECAUSE I THINK SEMANTICS ARE
IMPORTANT.
IF THE TERMINOLOGY EARLY
RELEASE WAS USED.
I GET WHILE THE POLL RESULTS ARE
EXCITED.
BUT IF PEOPLE UNDERSTOOD.
THAT SENTENCE ENHANCEMENTS ARE
BASICALLY DOUBLE JEOPARDY.
I WONDER IF THEIR OPINIONS WOULD
BE DIFFERENT.
WE'RE GONNA CATCH TWENTY TWO
BECAUSE THE COURT HAS.
SAID UNEQUIVOCALLY.
THAT WE HAVE OVER POPULATION AND
AS A RESULT THE INMATES IN THE
DEPARTMENT OF CORRECTIONS ALL
WERE EXPERIENCING IN HUMANE
TREATMENT.
AND SO WE ARE BOUND BY THE COURT
TO TAKE SOME ACTION WE CAN'T
ROLL BACK TIME AND UNDO THAT.
AND SO I WOULD ASK TODAY AS I
HAVE IN THE PAST DIDN'T WHAT
SHOULD WE DO.
WHAT SHOULD BE OUR STRATEGIC
APPROACH
TO REDUCING AND OVER BURDENED
SYSTEM DO WE BUILD MORE PRISONS
AND MAKE MORE SPACE AVAILABLE?
THE VOTERS IN THIS LEGISLATIVE
BODY THIS ADMINISTRATION HAVE
SAID NO.
BECAUSE ALSO WHAT I HEAR IN MY
DISTRICT WENT WENT CONSTITUENTS
ARE EXPRESSING CONCERN ABOUT
PUBLIC SAFETY THEY ALSO WANT
GREATER INVESTMENT IN K. THROUGH
TWELVE EDUCATION JOB TRAINING
AFTER SCHOOL PROGRAMS EARLY CARE
AND EDUCATION. AND THEY HOLD US
ALL ACCOUNTABLE TO THE SLICE OF
OUR BUDGET THAT GOES TO
CORRECTIONS.
AND FOR WHAT THE CATCH TWENTY TO
IN TERMS OF HOW WE MANAGE.
IT FINITE RESOURCES.
AND A NEED TO MAKE SURE THAT ALL
CALIFORNIA RESIDENTS
FEEL SAFE IN THEIR COMMUNITIES.
AND ALL CALIFORNIA RESIDENTS
FEEL THAT IF CONFRONTED BY THE
JUDICIAL SYSTEM THAT THEY HAVE A
SEMBLANCE A SENSE OF AN EQUITY
AND A AND F. EQUAL. AND JUSTICE
SYSTEM.
I WOULD ARGUE THAT OUR
CONTINUING EFFORT TO
STRATEGICALLY LOOK AT SENTENCE
ENHANCEMENTS WHICH I WILL SAY
AGAIN.
IN EFFECT IS DOUBLE JEOPARDY.
IS A STRATEGIC SMART WAY TO
APPROACH THE REALITY OF OVER
BURDENED. BY. THE HIGH COST.
CRIMINAL JUSTICE SYSTEM WITHOUT
AYE ASPIRIN I'VE.
THANK YOU SENATOR MITCHELL AND
IMPLIED THAT NOT SAID IT IS NOT
AN EARLY RELEASE IT IS THE
ELIMINATION OF SENSE
ENHANCEMENTS.
THANK YOU.
WE HAVE A MOTION.
SO IT'S MOVED AND.
AND THE MOTION IS.
.
TO PASS THROUGH APPROPRIATIONS
CENTER MITCHELL MAY BE ADDED AS
A CO AUTHOR.
ABSOLUTELY THANK YOU.
BROKAW.
WIENER AYE INNER I'VE BRADFORD.
JACKSON LIKE JACKSON AYE
MITCHELL AYE SO I STONE.
DON'T KNOW WIENER. AYE FLEENER
AYE.
BOTH KEEP IT OPEN FOR OUR.
MEMBER TO RETURN THANK YOU
SENATOR MITCHELL.
.
AND.
EVERYONE WHO ATTENDED FOR THE.
BILLS THAT WE HEARD WILL NOW
THAT OUR LAST BILL SENATOR OR
STERN.
BONO INJURY CAN SEE YOU YEAH
THERE'S.
THE WITNESSES WERE SITTING
THERE.
GO AHEAD SENATOR STERN OKAY
THANK YOU MADAM CHAIR.
MEMBERS.
DOVE TAILING ON THE. SP TWELVE
EIGHTY ONE SP TWELVE EIGHTY ONE
DOVE TAILING ON THE THE REMARKS
FROM THE CENTER FOR SANTA
BARBARA AND THE IMPORTANCE OF.
REHABILITATION IN OUR SYSTEM AYE
I FIRST WANT TO POINT OUT THAT.
I APPLAUD THE WORK OF THE CHAIR.
LAST YEAR.
LEADING UP TO.
A CHANGE IN RECORD CEILING FOR
JUVENILES THAT ARE CONVICTED
WHEN THEY'RE THAT YOUNG PEOPLE
ARE NOT RATHER CONVICTED BUT
THEY'RE THEY'RE JUDGED TO BE
WARDS OF THE COURT.
THEY VIOLATE CERTAIN LAWS AS
YOUNG PEOPLE BUT THAT ALL THOSE
YOUNG PEOPLE OUGHT TO HAVE A
SECOND CHANCE.
AT A AT A GOOD LIFE.
WHEN THEY HAVE DONE.
THE TERMS OF THEIR PROBATION
AND THAT PETITION HAS BEEN
DISMISSED BY THE COURT AND.
CENTER SKINNER BROUGHT. BADLY
WAS S. B. THREE TWELVE UP.
TRY TO TAKE CARE OF THAT PROBLEM
THAT PREVENTEDYOUNG PEOPLE FROM
MOVING ON WITH THEIR LIVES TO BE
ABLE TO APPLY FOR AN APARTMENT
FROM BE ABLE TO GET A CREDIT
CARD TO BE ABLE TO GET A JOB.
THIS BILL IS TRYING TO FURTHER
THE PURPOSES.
OF THAT RECORD CEILING EFFORT.
AND CLARIFIED THAT THOSE
RECORDS CEILING PROVISION.
AND DEALING WITH THE DESTRUCTION
OF RECORDS IN THE LONGER TERM.
SHOULD NOT ALLOW. THOSE YOUNG
PEOPLE ACCESS TO FIREARMS.
DURING THE PENDENCY OF THAT OF
THAT PERIOD.
BUT SO.
THERE WAS A COURT CASE EARLIER
THIS A I'M SORRY LAST YEAR IN
TWENTY SEVENTEEN.
WHERE THE COURT ITSELF THE
JUDGE
FOUNDED THERE NEED TO BE A
STATUTORY FIX IN THE LEGISLATURE
TO TO RESOLVE AN AMBIGUITY OF
LAW? THAT MIGHT.
BAR.
THE BACKGROUND CHECK SYSTEM IN
THE DOJ FROM HAVING ACCESS TO A
WHAT IS A IT'S CALLED A FORM
FORTY SEVENTY SEVEN IT'S A
JUVENILE COURT REPORTER FIREARM
PROHIBITION.
IT BARS YOUNG PEOPLE THAT ARE
CONVICTED.
THAT ARE JUDGED BOARD THE COURT
OF FOR CERTAIN OFFENSES
AND SAYS YOU. IF YOU'VE DONE
THOSE OFFENSES YOU YOU NO LONGER
CAN OWN A FIREARM INTO YOUR
THIRTY YEARS OLD.
I ACTUALLY OF A PROBLEM WITH THE
CURRENT STATE A LAW ON THAT THIS
BILL IS NOT ATTEMPTING TO SOLVE.
THAT PROHIBITION FOR THOSE OVER
THIRTY. THING IT'LL STILL LITTLE
ODD TO ME IS DOING SOME RESEARCH
ON THIS BILL THAT.
.
IF YOU'RE THIRTY FOUR THIRTY
FIVE THIRTY SIX THAT YOU CAN
THEN GO PURCHASE A FIREARM
LEGALLY BUT WE'RE NOT GOING TO
TRY TO SOLVE THAT ISSUE HERE
TODAY WERE JUST TRYING TO SORT
OPERATE WITHIN THE CONFINES OF
THE EXISTING LAW AND MAKE SURE
THAT OUR BACKGROUND CHECK SYSTEM
IS. TIGHT THE DOJ HAS THESE FORM
FORTY SEVENTY SEVENS IN THEIR
HANDS AND THAT. THAT SEALING
PROCESS ALLOWS PEOPLE MOVE ON
WITH THEIR LIFE DOZEN INDIRECTLY
FACILITATE THEM TO BE ABLE TO
PURCHASE A WEAPON.
PURCHASE FIREARM DURING THAT
PERIOD.
SO A HAPPY TO ANSWER ANY
QUESTIONS AND.
YOU KNOW.
WE ALL KNOW THAT.
.
CHIU NOW SHOOTINGS INCIDENCE
ACTS OF VIOLENCE IN RECENT DAYS
HAVE BEEN.
RIGHT FRONT AND CENTER.
.
AND.
ANYTHING WE CAN DO TO PREVENT
THOSE TRAGEDIES ARE MAPPING THE
FUTURE WE OUGHTA BE UNDERTAKING
THIS IS NOT GOING TO SOLVE THE
ISSUE OF GUN VIOLENCE THIS BILL
BUT IS GOING TO BE ONE MODEST
EFFORT TO.
TED TO IMPROVE OUR LAW SO THANK
YOU.
THANK YOU WITNESSES IN SUPPORT
PLEASE PROCEED.
A GOOD MORNING MADAM CHAIR AND
MEMBERS.
MINISTER MARTEL KODAMA DEPUTY
DISTRICT ATTORNEY WITH THE LOS
ANGELES COUNTY DISTRICT
ATTORNEY'S OFFICE AND WE ARE
PLEASED TO SPONSOR AYE THIS
BILL.
SENATE BILL TWELVE EIGHTY ONE
IS.
MERELY INTENDS TO FIX A
TECHNICAL ISSUE
THAT ARISES OUT OF OUR CURRENT
AYE STEALING.
LOS BOUGHT INTO ALLOW US TO
ENFORCE.
CURRENT FIREARMS.
LAWS.
AND TO KEEP OUR GUNS OUT OF THE
HANDS OF INDIVIDUALS WHO ARE BY
LAW PROHIBITED FROM OWNING OR
POSSESSING A FIREARM AS THE
SENATOR INDICATED.
UNDER CURRENT LAW INDIVIDUALS
ARE PROHIBITED FROM OWNING OR
POSSESSING A FIREARM UNTIL THE
AGE OF THIRTY IF THEY HAVE
COMMITTED CERTAIN OFFENSES WHILE
THEY WERE JUVENILES
HE'S CRIMES RANGE ANYWHERE FROM
MURDER. TO STOCKING TO DOMESTIC
VIOLENCE OF AND A WHOLE HOST OF
CRIMES THAT ARE SERIOUS OR
VIOLENT OR.
IN HALF IF CREATED IT VICTIMS.
.
BUT.
BECAUSE OF ART CEILING AND
DESTRUCTION A STATUTES IF FOR
EXAMPLE AN INDIVIDUALIST TWENTY
SEVEN TWENTY EIGHT OR TWENTY
NINE YEARS OLD AND THEY'RE FOUND
IN POSSESSION OF A FIREARM. WE
ARE PROHIBITED FROM BEING ABLE
TO ACCESS THE RECORDS THAT WE
NEED TO ENFORCE THE GUN LAWS
SUCH AS THE SENATOR INDICATED
THIS BILL WOULD NOT.
CHANGE THE ACTUAL CEILING OR
THE DESTRUCTION.
NATURE OF OUR CEILING LAWS IN
OTHER WORDS RECORDS THAT ARE
SEALED WILL REMAIN SEALED.
THOSE JUVENILE RECORDS WILL
CONTINUE TO BE ORDERED SEALED
OUR RECORDS THAT NEED TO BE
DESTROYED WILL CONTINUE TO BE
ORDERED DESTROYED NONE OF THAT
IS GOING TO CHANGE. BUT THE ONLY
THING WE'RE TRYING TO ENSURE IS
THAT PROSECUTORS AND THE
DEPARTMENT OF JUSTICE ARE ABLE
TO ACCESS SEALED RECORDS WHICH
WILL REMAIN SEALED AND IT WILL
BE SEALED TO. LANDLORDS AND
EMPLOYERS AND ANY OTHER MEMBERS
OF THE PUBLIC SO THAT WE CAN
ENFORCE THE FARMS LAWS AND ALSO
WE JUST WANT TO ENSURE THAT.
THE RECORDS ARE NOT DESTROYED
DURING THE PERIOD THAT AN
INDIVIDUAL IS PROHIBITED FROM
POSSESSING THESE FIREARMS BY AND
WITH THAT.
I WOULD DIE ASPIRIN AYE VOTE
THANK YOU.
NEXT WITNESS.
GOOD MORNING MADAM CHAIR.
THANK YOU FOR PERMITTING ME THE
OPPORTUNITY TO ADDRESS THIS
COMMITTEE TODAY TO DISCUSS
SENATE BUILT. TWELVE ANYONE. I
ALSO WANT TO THANK SENATOR HENRY
STERN FOR OFFERING. SENATE BILL
TWELVE ANYONE.
MY NAME IS JN PEARLSTEIN AND
I'M A DEPUTY DISTRICT ATTORNEY
FOR THE COUNTY OF LOS ANGELES.
AND I'VE BEEN SUCH FOR TWENTY
YEARS I'M CURRENTLY ASSIGNED TO
THE COMPTON JUVENILE OFFICE.
LEGISLATIVE IN TENT IN AMENDING.
WELFARE INSTITUTIONS COULD SEVEN
EIGHTY SIX THROUGH SENT THE
SENATE BILL IS TO PREVENT AN
UNINTENDED NULLIFICATION.
OF PENAL CODE SECTION TWENTY
NINE H. TWENTY.
THE PROVISION FOR CEILING AND
DESTRUCTIONS OF THE MINERS.
JUVENILE RECORDS UNDER.
CURRENT WELFARE INSTITUTIONS
CODES SEVENTY SIX.
IS CURRENTLY INCOMPATIBLE WITH
PENAL CODE SECTION TWENTY NINE
EIGHT TWENTY.
PINNACLE SECTION TWENTY NINE
EGHT TWENTY MAKES IT A CRIME
FOR AN INDIVIDUAL TO OWN OR
POSSESS A FIREARM UNTIL THE AGE
OF THIRTY.
IF THAT PERSON HAS. PREVIOUSLY
BEEN ADJUDICATED AWARD OF THE
JUVENILE COURT FOR COMMITTING
CERTAIN ENUMERATED DEFENSES AS A
MINOR.
BUT I DON'T.
IT THIS TIME.
MADAM CHAIR AND COMMITTEE I ASK
FOR AN AYE VOTE.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT.
JOHN OFTEN CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION SUPPORT.
BRIAN SHERMAN WITH THE RIVERSIDE
SHERIFF'S ASSOCIATION ALSO IN
SUPPORT.
WITNESSES IN OPPOSITION.
ALRIGHT BEING NINE SENATOR
MITCHELL.
A CLARIFYING QUESTION FRIENDLY
AUTUMN THROUGH THE CHAIR AW I'M
CLEAR THAT THE BILL PROHIBITS
YOU'LL FIND YOUR TO COMMIT
SERIOUS FELONIES FROM OWNING
POSSESSING FIREARMS LEAVES VERY.
BUT I NEED JUST ONE
CLARIFICATION.
.
THE IS THERE ANY COMPONENT OF
THIS BILL THAT EXPANDS THE
CIRCUMSTANCES UNDER WHICH A
JUVENILE FIELD RECORD CAN BE
ACCESSED.
YES PLEASE RESPOND A BILLION
YEARS NO AND I CAN GO TO MY
THEIR WITNESSES HERE BUT THIS
DOESN'T TOUCH.
SEVEN EIGHTY SIX BILLION THE
WELFARE'S INSTITUTIONS CODE NOR
SEVEN EIGHTY ONE EIGHTY THOSE
THE KEY PROVISIONS THAT SAY.
UPON THE COURT ORDERS DISMISSAL
WHATEVER THAT PENDING THAT
PETITION WAS.
THE REST NOT THE PROCEEDINGS IN
THE CASE SHALL BE DEEMED NOT TO
HAVE OCCURRED THAT'S THE KEY
LANGUAGE THAT SHALL BE DEEMED
NOT TO HAVE OCCURRED SO EVEN IF
THOSE RECORDS ARE DESTROYED.
WHEN THEY'RE SEALED YOU CAN GO
OUT AND FILL OUT THAT JOB
APPLICATION AND SAY.
THIS DID NOT OCCUR IF THEY ASK
YOU DID YOU COMMIT ACTS FELONY
OR WHAT YOU DO NOT HAVE TO CHECK
THAT BOX SO THOSE THE KEY
PROVISIONS WE DON'T TOUCH HIM
ARE GOOD AT THAT KEY WITNESSES
TO MAKE SURE I'M DOING MY.
LAWYER HOMEWORK RIGHT HERE AND I
I I WANNA JUST ADD TO THAT
QUESTION WITCHES.
.
I THINK IT GETS IT WHAT'S THE
PURPOSE OF THE BILL POINT THE
BILL BECAUSE IF.
IF IT DOESN'T CHANGE ANY ASPECT
OF THE SEALING OF THE RECORDS
WHY IS IT THAT DOJ CANNOT NOW
SEE. ART SO THE EXISTING LAW
ALREADY PROHIBITS ANYONE WHO WAS
CONVICTED OF SUCH A FELONY FROM.
SO THAT THEY STAY IN THE
PROHIBITED PERSONS LIST
TILL AGE THIRTY REGARDLESS OF
WHETHER THEIR RECORD IS SEALED.
SO WHAT IS IT THAT IS PREVENTING
NOW THEM BEING STAYING ON THAT
PROHIBITED PERSONS LIST.
WHAT WE FIXING?
IF I MAY AND THEN YOU CAN FILL
IN WHATEVER GAPS BUT.
THE THE THIS IN READ JOSHUA CASE
THAT CAME UP IN TWENTY SEVENTEEN
IS THE ONLY IS A NEW NEW LAW
RIGHTS IT IS THE FIRST TIME THE
COURTS OF A PINE THE JUDGE SAID.
THE JUDGE THE JUDGE FOUND THAT
THE RECORD SHOULD HAVE BEEN
SEALED AND.
IN THE AND SO SO THE
DISPOSITION OF THE CASE.
IN THIS CIRCUMSTANCE THIS JUDGE
SAID.
.
THAT THEY WEREN'T GOING TO BE IN
CONFLICT WITH EACH OTHER THAT
FORM SEVENTY FORTY FOUR OR FORTY
SEVENTY SEVEN THAT PROHIBITION
ON OWNING A FIREARM. WOULD NOT.
BE NULLIFIED BUT THE COURT ALSO
SAID SEALING THE RECORD MIGHT
MAKE VIOLATIONS MORE DIFFICULT
TO PROSECUTE OF THESE FORTY
SEVENTY SEVEN FORMS. AND THAT
ANOTHER COURT COULD FIND
DIFFERENTLY.
IT'S AN AMBIGUITY IN LAW THAT
WE THINK COULD BE A LOT STRONGER
FOR STATUTORY IF WE HAVE A
SUPREME COURT DECISION ON OUR
HANDS TODAY THAT SAID.
INTERPRETING TWENTY NINE A
TWENTY ALONG SIDE.
SEVEN EIGHTY SIX AND SAID THOSE
ARE COMPLETELY COMPATIBLE. YOU
SEE OLD BUT THIS STILL HOLDS
THIS IS STILL IN THE BACKGROUND
CHECK SYSTEM WOULD BE FINE BUT.
.
WE WANT A BILL AND OF OUR SHOW
WE'RE DOING WITH THIS STATUTE.
THIS.
BILL IS INSURING THAT THE EVEN
WITH THE RECORD SEALED.
THAT THE FORUM THAT GOES TO DOJ
KEEPING YOU ON A PROHIBITED
PERSONS LIST IS RETAINED.
IS THAT CORRECT THAT'S THE IF I
MAY YES PLEASE THAT IS ONE OF
THE REASONS.
.
THAT FORM IS NOT SUFFICIENT TO
PROVE THAT AN INDIVIDUAL IS ARE
IN VIOLATION OF PENAL CODE
SECTION TWENTY NINE A TWENTY IN
AND OF ITSELF. WE WOULD NEED
RECORDS ARE SUCH AS.
IN A RECORD OF THE SUSTAINED
BUT.
SOMETIMES AS PROSECUTORS WE NEED
TO BE ABLE TO SATISFY US LET
LET'S BE MORE SPECIFIC SO IN
EFFECT YOU'RE JUST ESURING THAT.
WHILE THE RECORD IS SEALED THAT
IT DOES NOT DESTROY YES THAT IS
EXACTLY WHAT WE'RE ASKING FOR SO
THE RECORD WILL REMAIN SEALED
ANY RECORD THAT IS ORDER TO BE
SEALED. UNDER SEVEN EIGHTY ONE
AND SEVEN EIGHTY SIX THEY WILL
BE SEALED WE JUST WANT THE THING
IS ONE RECORDS ARE SEALED WE
CAN'T JUST GO TO COURT AND ASK
YOU KNOW AND THEN AND THEN GETS
UP. ACCESS TO THOSE RECORDS OF A
RECORD IS SEALED THERE HAS TO BE
COURT PERMISSION AND IT HOSTAGE
BE PROVIDED BY LAW. SO.
THIS WOULD ENABLE THE COURT TO
BE ABLE TO GIVE US ACCESS TO THE
JUVENILE RECORDS UP TO THE
COURTS RECORDS BUT ALSO TO
ENSURE THAT AGENCIES.
DO NOT DESTROY THEIR RECORDS
THE RECORDS THAT AND UP BE
NECESSARY IN BY THE
CIRCUMSTANCES UNTIL.
DURING THE TIME PERIOD WHERE A
PROSECUTION IS VIABLE DURING
THAT TIME PERIOD WHERE THAT
INDIVIDUAL BY LAW IS FORBIDDEN
FROM OWNING OR POSSESSING A.
WELL IN THE INNER MITCHELL
QUESTION IS YES WE ARE EXPANDING
CIRCUMSTANCES IN WHICH A SEALED
RECORD CAN BE ACCESS. WELL WERE
NOT RIGHT TO PROGENITORS IN THE
SENSE THAT THERE YEP WHERE ONLY.
WHAT IT DOES IS IT ALLOWS
PROSECUTORS AND THE DEPARTMENT
OF JUSTICE ACCESS TO THE SEALED
RECORDS WELL THEN THAT IS A LOT
BUT BUT BUT WE ARE I THINK
SENATOR MITCHELL'S POINT IS
CORRECT AND?
IF I MAY FOR EXAMPLE IN THE
BILL THAT I CARRIED LAST YEAR.
WE ALLOWED FOR WHILE IT ALLOWED
FOR THE CEILING OF THE JUVENILE
RECORDS IT DID ALLOWFOR
PROSECUTOR ACCESS.
SO IN EFFECT WERE ALLOWING FOR
PROSECUTOR AXIS WHICH.
WHICH YOU BELIEVE WAS.
OUT WHICH THE WORD AND.
.
NOT CLEAR WHETHER.
IT IS A LOT NOW.
.
COULD BE INTERPRETED EITHER WAY.
I I THINK THAT'S RIGHT AND.
S. B. THREE TWELVE THAT PUT THAT
MADE THIS CHANGES SAYING THAT'S
WOULD ALLOW THE ACCESS THAT'S
WHY I THINK I CAN ANSWER YOUR
QUESTION NO. THAT ALLOW THE
ACCESS.
THIS ONE COURT SAID WE AGREE IT
ALLOWS THAT ACCESS BUT IT'S IN
BIG U. S..
SO THIS IS SAYING.
IT ALLOWS ACT YEAH IT'S IT'S
WELL BRIGHTENED IT'S IT'S AYE
YEAH REALLY TO READING THAT
THREE TWELVE INTO OKAY SO IT DID
ONLY CONSIST YEAH.
OKAY SO ALLOWS PROSECUTORIAL
LEX'S BENAR OKAY WITHIN WAS A
BAD THING I'M JUST WANNA CLEAR
TO YOU KNOW I I I APPRECIATED
BECAUSE I.
EVEN THOUGH I READ THE
YOU KNOW SO
BUT COMMITTEE STAFF ABOUT IT
WAS.
I STILL HAD SIMILAR QUESTIONS SO
I APPRECIATE THIS DIALOGUE AND
CLARITY.
AND MANY OTHER COMMENTS SENATOR
JACKSON'S.
I JUST BRIEFLY IN THAT REGARD MY
UNDERSTANDING IS THAT THE ONLY
REASON IT WOULD BE ACCESSIBLE.
IS TO CONFIRM. THE EXISTENCE OF
THAT OF PROHIBITION AGAINST GUN
OWNERSHIP AND CAN'T BE USED FOR
ANY OTHER PURPOSE FORD
SENTENCING HANDS MEANS FOR ANY
OTHER IT IS STRICTLY WERE.
CONFINED TO THIS FIRE
PROHIBITION THAT IS THAT THAT IS
THE SOLE FOCUS YES THANK YOU
SENATOR STONE.
THANK YOU SENATOR OF FROM SANTA
BARBARA GEN.
FOR ASKING THE QUESTION HOUSING
HAS IS IT VERY NARROWLY TAILORED
TO SPECIFICALLY. FIRE PIT LIKE
STRICTLY ABOUT FIRE SO I
APPRECIATE YOUR BRINGING FORWARD
IF I CAN BE ADDED AS A CO AUTHOR
LIKE TO SUPPORT THE BILL'S WON'T
MOVE IT. ATTITUDE THANKS VERY WE
HAVE A MOTION.
CENTER STERN.
RESPECT FOR TRAVEL RATE UM'S.
IT IS.
DO PASSED TO APPROPRIATIONS.
WILL TAKE LOCAL.
ENTER.
I INNER AYE BRADFORD.
BRADFORD OKAY MITCHELL AYE.
JACKSON.
JACKSON AYE DOWN.
THERE ARE AYE WIENER.
ALRIGHT WIENER AYE.
BRADFORD I REIKI BILLS OUT.
WE WILL NOW HAVE A VOTE ON THE
CONSENT CALENDAR THANK YOU
SENATOR STERN DO WE HAVE A
MOTION ON THE CONSENT CALENDAR
THANK YOU.
ROLL CALL.
ENTER BY INNER AYE BRADFORD.
BRADFORD AYE JACKSON AYE JACKSON
AYE MITCHELL.
BROWN.
DOWN AYE WIENER. WIENER AYE
MITCHELL THIS IS CONSENT HONOR
THANK YOU SO MUCH UNTIL WE ARE.
ALRIGHT CONSENT CALENDARS OUT
WILL NOW OPEN THE ROLE FOR THE
FOLKS THAT NEED TO ADD ON PLEASE
PROCEED WITH THE.
WHATEVER BILLS STILL WERE OPEN.
AS THE.
AS THE NINE ELEVEN SKINNER.
NDSU IT BODE LET ME ONE OF WE
READ WHAT THE VOTE IS FOR THE
MOMENT ON ANY BILL BEFORE WE
TAKE OKAY.
SO S. B. NINE ELEVEN GAINES THE.
WE DESERVE HOURS THREE ZERO ONE
NOT VOTING.
SKINNER NOT VOTING.
THE.
RETROFITTING.
AT BRADFORD. BRADFORD NOW.
PRIORITY.
INDICATED THAT IF THE VOTE DO
WE ARE GRANTING RECONSIDERATION
SO HER GRINNING RECONSIDERATION.
ALRIGHT NEXT ITEM S. B. ELEVEN
EIGHTY SIX EMOTIONS DE PASSAGE
OF JUST TWO DASH THE CURRENT
VOTE IS THREE EYES ONE NOW.
BRADFORD.
BRADFORD AYE WIENER AYE WIENER
AYE.
RIGHT BE ELIMINATED SIX IS OUT.
S. B. TWELVE EIGHTY ONE CURRENT
EARTH MOTIONS TO PASS
APPROPRIATIONS ABOUT WITHOUT
EVER FOUND OUT OF A VIDEOTAPE
QUE. SP SB THIRTEEN FIFTY FIVE
DE PASO PREPARATIONS CURRENTLY
FIVE ZERO BRADFORD.
BRADFORD I.
GREATEST BE THIRTEEN FIFTY FIVE
IS OUT.
S. B. THIRTEEN NINETY ONE
MOTIONS TO PASS TO
APPROPRIATIONS CURRENT VOTE IS
THREE TO ONE.
SKINNER.
I INNER AYE WIENER AYE WIENER
AYE THOSE.
A SB THIRTEEN NINETY ONE IS OUT.
S. B. THIRTEEN NINETY TWO
MOTIONS TO PASS APPROPRIATIONS
TURN VOTE IS.
FOUR TWO ZERO AFFORDABLE AND I
APOLOGIZE BRADFORD.
BRADFORD I.
S. B. THIRTY NINETY THREE
MOTIONS TO PASS TO
APPROPRIATIONS CURRENT FOCUS FOR
TO WIND BRADFORD.
BRADFORD I.
BURDEN I DON'T BELIEVE WE HAVE
AND THAT IS IT YEAH.
I DON'T KNOW O. FOURTEEN FORTY
NINE YOU DID NOT FOURTEEN
EVERYTHING OR TEAM FORTY NINE
MOTIONS TO PASS TO
APPROPRIATIONS BRADFORD.
AND THE CURRENT VOTE IS FIVE
ZERO.
BRADFORD I.
SAY.
I THINK I HAVE A.
ALRIGHT SO.
ALL THE BILLS ARE OUT EXCEPT FOR
SB NINE ELEVEN AND WE BRANDED
RECONSIDERATION.
THANK YOU.
COMMITTEE MEMBERS.
AND WE WILL NOW ADJOURN THE
PUBLIC SAFETY COMMITTEE