ALL RIGHT, UH, THE SENATE
COMMITTEE ON PUBLIC SAFETY WILL
BEGIN AS A SUB COMMITTEE. UM WE
ARE MEETING IN ROOM. 2200 AND
THE 1021 Ó STREET BUILDING. OUR
MEETING HAS STARTED AT 930. JUST
A COUPLE OF ANNOUNCEMENTS. UM
NUMBER ONE. I JUST WANT TO STATE
THAT S¼ B 1025 BY SENATOR EDMAN
HAS BEEN PULLED FROM TODAY'S
AGENDA AND WILL BE RESET FOR
NEXT WEEK. UM AND I GUESS WE CAN
BEGIN WITH S¼ B 965. BY SENATOR
MIN. AND JUST A COUPLE OF
ANNOUNCEMENTS SINCE THIS IS OUR
FIRST MEETING OF THE YEAR, UH,
ALL WITNESSES WILL BE AT THAT
MIC, UM, PRESENTING YOU WILL BE
TIMED AT TWO MINUTES. EVERY
SINGLE ME TOO, WILL ALSO BE
PRESENTING AT THAT MIC. UM AND
WE WILL NOT BE HAVING TELEPHONE
TESTIMONY. OR ANY ME TOOS ON THE
TELEPHONE AS WELL. SO JUST
GIVING YOU GUYS ALL A HEADS UP
AS TO HOW THIS YEAR WILL GO,
SENATOR MIN S¼ B 965. THE FLOOR
IS YOURS. THANK YOU, MADAM CHAIR
AND COMMITTEE MEMBERS AND STAFF
S¼ B 965 WOULD REQUIRE THE
CALIFORNIA DEPARTMENT OF JUSTICE
TO PROVIDE ANNUAL REPORTS TO THE
CALIFORNIA LEGISLATURE ABOUT ITS
INSPECTIONS OF FIREARMS AND
AMMUNITION DEALERS. THESE
INSPECTIONS ARE CRITICAL TO
IDENTIFYING WHERE ACTIONS,
INACTIONS OR OTHER FAILURES ARE
OCCURRING, UH, TO KEEP OUR
COMMUNITY SAFE FROM GUN VIOLENCE
AND TO HOLD FEDERALLY LICENSED
FIREARM DEALERS RESPONSIBLE FOR
REMEDYING PROBLEMS OR IN CASES
OF EGREGIOUS VIOLATIONS TO ALLOW
FOR THE REVOCATION OF LICENSES.
THE ANNUAL REPORTS REQUIRED IN
THIS BILL FROM THE CALIFORNIA
DEPARTMENT OF JUSTICE WOULD
PROVIDE INFORMATION ON Dð Ó G
Dð Ó J STAFFING LEVELS FOR
CONDUCTING INSPECTIONS, THE
NUMBER OF INSPECTIONS AND
REINSPECTIONS VIOLATIONS
IDENTIFIED AND PENALTIES
ASSESSED THE NUMBER OF FIREARMS
USED IN CRIMES THAT WERE TRACED
BACK TO THE DEALER, ALONG WITH
THE PERCENTAGE OF ALL FIREARMS
SALES THAT THESE TRACE FIREARMS
REPRESENTED IN THE SAME TIME
PERIOD AND THE NUMBER OF LOST OR
STOLEN FIREARMS IN AMOUNT OF
LOST OR STOLEN AMMUNITION
REPORTED OR DISCOVERED IN THE
PRIOR YEAR. CALIFORNIA HAS
WORKED TO DEVELOP A STRONG
SYSTEM OF GUN DEALERS, STANDARDS
AND OVERSIGHT, INCLUDING GUN GUN
DEALER INSPECTIONS. HOWEVER
THERE IS LITTLE INFORMATION AS
WE KNOW ABOUT THE INSPECTIONS
CONDUCTED BY THE STATE AS THE
JUSTICE BRANDEIS ONCE SAID.
SUNLIGHT IS THE BEST
DISINFECTANT. THIS BILL WOULD
PROVIDE MORE TRANSPARENCY,
CLOSING THE INFORMATION GAP AND
ALLOWING US TO BETTER UNDERSTAND
THE FREQUENCY OUTCOME AND
IMPLICATIONS OF THE INSPECTIONS
CONDUCTED TODAY WITH US. I HAVE
REBECCA MARCUS, UH, ADVOCATE FOR
THE BRADY CAMPAIGN TO TESTIFY.
COURT OF S¼ B 965. UH, THAT IS
CORRECT. GOOD MORNING CHAIR AND
MEMBERS REBECCA MARCUS,
REPRESENTING THE BRADY CAMPAIGN
AND STRONG SUPPORT OF S¼ B 965
GUNS DO NOT SIMPLY APPEAR ON
AMERICA'S STREETS OUT OF NOWHERE
APPROPRIATE CONDUCT BY FEDERALLY
LICENSED FIREARMS DEALERS OR FFL
. S¼ AND THEIR EMPLOYEES ARE
CRITICAL TO KEEPING GUNS OUT OF
THE DISPROPORTIONATELY IMPACTED
COMMUNITIES. IN FACT, FFL S¼
PLAY A CRITICAL ROLE IN
PREVENTING THE PROLIFERATION OF
LEGAL GUNS ACROSS THE NATION.
YET THEY OPERATE WITH MINIMAL
FEDERAL OVERSIGHT. CALIFORNIA
HAS STEPPED IN TO FILL SOME GAPS
REGARDING OVERSIGHT, INCLUDING
BY HIRING THAT THE Dð Ó J
INSPECT FFL S¼ IN AUTHORIZING
INSPECTIONS OF AMMUNITION
DEALERS. THESE INSPECTIONS ARE A
KEY WAY TO IDENTIFY WHERE THESE
ACTIONS, INACTIONS OR OTHER
FAILURES ARE OCCURRING AND TO
ENSURE THAT FFL S¼ ARE HELD
RESPONSIBLE FOR REMEDYING THEIR
ISSUES HELD TO ACCOUNT OR WERE
NECESSARY BECAUSE OF EGREGIOUS
VIOLATION. THEIR LICENSES ARE
REVOKED. THIS BILL WILL
COMPLEMENT THE EXISTING
FRAMEWORK BY REQUIRING THE Dð Ó
J TO PROVIDE ANNUAL REPORTS
CONCERNING ITS INSPECTIONS. THIS
TYPE OF REPORTING AND CURRENCY
IS KEY TO PREVENTING GUN
VIOLENCE BEFORE IT HAPPENS. WE
URGE YOU TO SUPPORT THIS BILL.
THANK YOU. THANK YOU, UM ANY ME
TOOS. MADAM CHAIR ERIN NEW LAW
ON BEHALF OF GIFFORDS AND ALSO
SPEAKING TODAY ON BEHALF OF
EVERY TOWN IN SUPPORT. GOOD
MORNING. MY NAME IS KI¾M
MANFREDI. I'M A VOLUNTEER WITH
MOMS DEMAND ACTION. I'M FROM
ROSEVILLE, CALIFORNIA AND I'M IN
SUPPORT OF THIS BILL. THANK YOU.
YARD ALL VOLUNTEER WITH MOMS
DEMAND ACTION FROM SACRAMENTO.
I'M IN SUPPORT OF THIS BILL. HØI
JULIE CHAPMAN, VOLUNTEER WITH
MOMS DEMAND ACTION IN SUPPORT OF
THIS BILL. GOOD MORNING. GILLIAN
KING VOLUNTEER WITH MOMS DEMAND
ACTION IN SUPPORT OF THIS, BILL.
THANK YOU. SEEING NÓ OTHER ME
TOO SORT OF SUPPORT. DO WE HAVE
ANY ME TOOS FOR OPPOSITE OR LEAD
OPPOSITION WITNESSES? SAYING NÓ
OPPOSITION WITNESSES CAN WE HAVE
ANY OPPOSITION? ME TOOS? S¼ N.
WE WILL MOVE TO THE COMMITTEE.
SEEING NONE. UM SENATOR, WOULD
YOU LIKE TO CLOSE? I
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU. WE'LL GET A MOTION.
UH, ONCE WE HAVE QUORUM THANK
YOU, SENATOR. ALL RIGHT, SINCE
WE HAVE OUR NEXT SENATOR,
SPEAKING ON BEHALF OF SENATOR
SKINNER, S¼ B 899 WILL BE
PRESENTED BY SENATOR BLAKESPEAR.
YOU AND BOTH OF THEM, OK?
THE BUILDING NOW.
ALL RIGHT. WE ARE HAVING SENATE
BILL 899 PRESENTED BY BOTH
SENATOR SKINNER AND SENATOR
BLAKESPEAR. GREAT. SENATORS, IF
YOU GUYS WOULD LIKE TO STEP TO
THE LECTERN. NÓ NÓ NÓ.
YEAH, WE HAVE A QUORUM. WITHIN
THIS WE CAN DO LET'S CALL
QUORUM. W HÌ HERE. HÌ HERE,
SARTO. BRADFORD BRADFORD HERE,
SKINNER. HAIR SKINNER HERE,
WIENER. THANK YOU. GOOD MORNING.
UM PLEASED TO PRESENT S¼ B 899
IN 2014. AFTER THE, UH, VERY
HORRIFIC MASS SHOOTING AT ISLA
VISTA. I INTRODUCED THE BILL. UM
I BELIEVE IT WAS A AB 1014. I
WILL APOLOGIZE IF I'M FORGETTING
THE NUMBER. HOWEVER THAT BILL
WAS THE U S¼ S¼ FIRST WHAT WE
NOW CALL RED FLAG LAW. IT WAS
THEN REFERRED TO AS A GUN
VIOLENCE RESTRAINING ORDER. SO
CALIFORNIA HAS NOW. HAD THIS, UM
ABILITY FOR ANY OF US. YOU MAY
TEACHER A, UH PERSON IN A
WORKPLACE. UM UH, PARENT IF THEY
IF THERE IS SOMEONE CLOSE TO
THEM OR IN THEIR WORKPLACE OR ON
THEIR SCHOOL SITE THAT IS MAKING
A CREDIBLE THREAT OF VIOLENCE TO
THEMSELVES OR OTHERS, THEY CAN
GET EITHER PETITION A COURT OR
GO TO THEIR LAW ENFORCEMENT AND
GET AN EMERGENCY. WHAT THEY CALL
GUN VIOLENCE RESTRAINING ORDER
TO TEMPORARILY TAKE WEAPONS OUT
OF THE HANDS OF FIREARMS OUT OF
THE HANDS OF THOSE WHO ARE
THREATENING THIS VIOLENCE NOW.
IT'S A GREAT LAW. BUT WHEN WE
LOOK AT THE DATA AND THE
STATISTICS, IT HAS NOT BEEN
UTILIZED AS MUCH IN CALIFORNIA
AND WHAT WE HEAR FROM LAW
ENFORCEMENT AND FROM THE COURTS
IS THAT IT'S HARD TO RETRIEVE
THESE, UM THE WEAPONS AND SO THE
FIREARMS AND SO WHAT THIS BILL
IS DOING AND NOW I'VE GIVEN YOU
THE BACKGROUND ON THE GUN
VIOLENCE RESTRAINING ORDER.
HOWEVER WE ALSO HAVE SIMILAR
TYPE OF ORDERS ON DOMESTIC
VIOLENCE, CIRCUMSTANCES AND
OTHER CIRCUMSTANCES. AND WHAT
THIS BILL DOES IS MAKES IT THE
PROCESS EASIER. SO WHEN THE
COURT ISSUES WHETHER IT'S A
DOMESTIC VIOLENCE, RESTRAINING
ORDER THAT HAS A FORFEITURE OF
FIREARMS RELATED TO IT. OR GUN
VIOLENCE, RESTRAINING ORDER OR
THE OTHER CIVIL ORDERS THAT DO
THIS? THEY CAN ORDER THE PERSON
FOR WHOM THE ORDER IS ISSUED TO
IMMEDIATELY RELINQUISH THOSE
FIREARMS. AND SO, IN OTHER
WORDS, TRYING TO TAKE THAT STEP
OUT WHERE LAW ENFORCEMENT HAS TO
ACTIVELY GO OUT, AND, UH, FIND
THE PERSON AND THEN TRY TO
RETRIEVE THESE FIREARMS SO THEY
CAN ORDER THEM TO IMMEDIATELY
RELINQUISH. AND THEN IF THE
PERSON DOES NOT, THERE ARE, UH
FINES AND OTHER CONSEQUENCES. SO
IT'S UM THAT'S REALLY THE
PURPOSE OF 8 $99 TO IMPROVE THE
EFFECTIVENESS OF OUR VARIOUS
CIVIL ORDERS TO REMOVE FIREARMS.
AND WITH THAT, I WILL TURN TO MY
GREAT CO-AUTHOR SENATOR
BLAKESPEAR. THANK YOU, SENATOR
SKINNER AND THANK YOU, CHAIR AND
COLLEAGUES. MY NAME IS SENATOR
CATHERINE BLAKESPEAR. AND I'M
PLEASED TO BE HERE TODAY TO JUST
SAY A FEW WORDS IN SUPPORT AS
WELL. I AM PLEASED TO BE A JOINT
AUTHOR OF S¼ B 899 ALONGSIDE
SENATOR SKINNER BECAUSE I'M
CONFIDENT THAT THIS BILL WILL
SAVE LIVES. ALTHOUGH CALIFORNIA
HAS THE BEST GUN SAFETY LAWS IN
THE NATION, WE STILL HAVE AREAS
WHERE WE NEED TO IMPROVE. MOSTLY
WE NEED TO ADDRESS
IMPLEMENTATION GAPS, AND THIS IS
PLACES WHERE EXISTING LAWS
AREN'T WORKING QUITE AS WELL AS
THEY SHOULD. ONE OF THE MOST
GLARING IMPLEMENTATION GAPS IS
THE ENFORCEMENT OF EXISTING
FIREARM PRO ACCORDING TO THE
CALIFORNIA DEPARTMENT OF JUSTICE
WAS JUST RELEASED NEW NUMBERS
YESTERDAY JUST OVER 20 THREE
1000. CALIFORNIANS REMAIN ARMED
DESPITE BEING PROHIBITED FROM
HAVING GUNS BY LAW. 20 THREE
1000 OVER THREE 1001 100. PEOPLE
ARE ARMED DESPITE BEING SUBJECT
TO A RESTRAINING ORDER OR A
PROTECTIVE ORDER. THESE ARE
PEOPLE WHO ARE HARASSING OTHERS
WHO HAVE BEEN DEEMED DANGEROUS
OR A THREAT TO THEMSELVES OR TO
OTHERS OR THREATS TO OUR SCHOOLS
, WORKPLACES AND SOCIETY AS A
WHOLE. THESE ARE PEOPLE THAT OUR
SYSTEM FORBIDS FROM HAVING
FIREARMS. BUT THEN WE DON'T
ACTUALLY MAKE SURE THAT THEY
FOLLOW THE LAW, SO FORTUNATELY,
WE HAVE A PROVEN SOLUTION. TWO
YEARS AGO, SENATOR EG PAST ARE
INTRODUCED, AND IT WAS PASSED S¼
B THREE 20 THAT AUTHORIZES
COURTS TO FOLLOW UP ON DOMESTIC
VIOLENCE, RESTRAINING ORDERS TO
ENSURE THAT PEOPLE ACTUALLY
FOLLOW THE LAW AND TURN IN THEIR
GUNS AND THIS IS WORKING IN THE
CONTEXT OF THE DOMESTIC VIOLENCE
, RESTRAINING ORDERS. WE SEE IT
WORKING IN THE IN ORANGE COUNTY,
WHICH IS ONE OF THE COUNTIES
THAT I REPRESENT. TODAY. ORANGE
COUNTY'S SUCCESS WHICH OUR
EXPERT WILL ELABORATE UPON IN A
MOMENT IS SOMETHING TO ASPIRE
TOWARDS THROUGHOUT THE STATE. SO
WHAT S¼ B 899 DOES IS IT APPLIES
THE SAME PROVEN CONCEPT THAT HAS
WORKED FOR DOMESTIC VIOLENCE,
RESTRAINING ORDERS TO ALL OF THE
OTHER FIRE FIREARM PROHIBITING
RESTRAINING ORDERS THAT WE HAVE
ACROSS THE STATE. SO THIS THIS
BILL WILL SAVE LIVES. AND WITH
THAT, I RESPECTFULLY ASK FOR
YOUR I VOTE WHEN WE GET TO THAT
POINT. THANK YOU. DO WE HAVE ANY
LEAD WITNESSES? ALL RIGHT, YOU
HAVE TWO MINUTES. THANK YOU.
GOOD MORNING. I'M JULIA WEBER.
I'M AN ATTORNEY CONSULTANT.
SPEAKING TODAY ON BEHALF OF
GIFFORDS, THE SPONSOR OF S¼, B
899. I'VE SPENT MY CAREER
WORKING ON VIOLENCE PREVENTION,
INCLUDING 17 YEARS WITH THE
JUDICIAL BRANCH, THE JUDICIAL
COUNCIL OF CALIFORNIA. UH AND I
KNOW THAT PASSING THESE LAWS
THESE LIFE SAVING LAWS. UH, IT'S
CRITICAL AND WE'RE LUCKY IN
CALIFORNIA THAT WE HAVE A LOT OF
TOOLS IN OUR TOOL KIT AND I HAVE
A COPY HERE OF A CHART. I TO
SHARE WITH THE COMMITTEE THAT
GOES THROUGH THE VARIOUS CIVIL
RESTRAINING ORDERS THAT ARE
FIREARM PROHIBITING, INCLUDING,
OF COURSE, THE DOMESTIC VIOLENCE
RESTRAINING ORDER, WHICH THE
SENATORS HAVE MENTIONED, AND WE
WERE. GIFFORDS WAS ALSO THE
SPONSOR OF S¼ B 320, OF COURSE
IN GUN VIOLENCE PREVENTION. WE
DON'T ALWAYS HAVE A LOT OF GOOD
NEWS TO SHARE. BUT TODAY I'M
VERY PLEASED THAT WE HAVE TWO
PARTICULARLY, UH, GOOD PIECES OF
NEWS TO SHARE WITH YOU. THE
FIRST IS SENATOR BLAKESPEAR
ALLUDED TO IS THAT ORANGE COUNTY
SUPERIOR COURT, WHICH WAS THE
RECIPIENT OF A PART OF THE $40
MILLION IN THE ONE TIME STATE
BUDGET ALLOCATION TO SUPPORT
IMPLEMENTATION OF THESE FIREARM,
RELINQUISHMENT LAWS. I JUST
REPORTED THAT OUT OF 77 DOMESTIC
VIOLENCE RESTRAINING ORDER CASES
WHERE THERE WERE FIREARMS
INVOLVED, THEY RETRIEVED 246
FIREARMS DURING A SEVEN MONTH
PERIOD INVOLVING THOSE 77 CASES.
THAT'S A SIGNIFICANT NUMBER OF
FIREARMS THAT WERE TURNED OVER.
IN HIS, THEY SAID, BY DOING TWO
THINGS PROVIDING INFORMATION TO
THE PEOPLE WHO BECAME PROHIBITED
AND THEN FOLLOWING UP WITH A
REVIEW HEARING SO THAT PREVENTED
ENTRY INTO THE ARM PROHIBITED
PERSON SYSTEM AND UNNECESSARY
USE OF RESOURCES TO FURTHER SEEK
THOSE FIREARMS AS WELL AS
PROTECTING THE PARTIES NAMED IN
THOSE RESTRAINING ORDERS, AND
THE SECOND PIECE OF GOOD NEWS IS
THAT WE KNOW FROM RESEARCH THAT
WHEN WE IMPLEMENT THESE FIREARM
RELINQUISHMENT PROCEDURES, WE
SEE A 16% REDUCTION IN DOMESTIC
VIOLENCE. HOMICIDES SO LIVES ARE
ACTUALLY SAVED. WE KNOW THESE
POLICIES MAKE A DIFFERENCE, AND
I RESPECTFULLY ASK FOR YOUR I
VOTE AT THE APPROPRIATE TIME TO
SUPPORT IMPLEMENTATION AND
APPLICATION OF THOSE POLICIES
ACROSS ALL OF OUR FIREARMS,
CIVIL PROHIBITING REMEDIES IN
CALIFORNIA AS WELL AS THE
CRIMINAL PROTECTIVE ORDER. THANK
YOU. THANK YOU. CAN WE HAVE OUR
ME TOOS COME UP. YOU WANT TO
GIVE THAT I'D LOVE TO GIVE THAT
GIVE IT TO THE SERGEANT, PLEASE.
THANK YOU. ME TOO. JULIE CHAPMAN
, A VOLUNTEER WITH MOMS DEMAND
ACTION IN SUPPORT OF THIS
LEGISLATION. GILLIAN KING, A
VOLUNTEER WITH MOMS DEMAND
ACTION IN SUPPORT OF THIS BILL.
URGE ALL VOLUNTEERS WITH MOMS
AND MEND ACTION SUPPORT.
MANFREDI IN SUPPORT. VOLUNTEER
WITH MOMS DEMAND ACTION. JAMIE
MINOR, IN ADDITION TO GIFFORDS,
EXPRESSING OUR SUPPORT ON BEHALF
OF OUR COLLEAGUES FROM EVERY
TOWN FOR GUN SAFETY, THANKS.
REBECCA MARCUS ON BEHALF OF
BRADY CAMPAIGN AND SUPPORT. ALL
RIGHT. DO WE HAVE LEAD
OPPOSITION WITNESSES? SEEING
NONE WILL MOVE TO MEET TWO
OPPOSITION, SAYING NONE
COMMITTEE MEMBERS THE FILM. OK,
WE HAVE A MOTION BY SENATOR
BRADFORD. UM SENATORS, WOULD YOU
LIKE TO CLOSE? I THINK WE'VE HAD
A GOOD PRESENTATION ON ASK FOR
THE I VOTE. THANK YOU. UH MOTION
BY SENATOR BRADFORD. LET'S CALL
A VOTE. MOTION IS DUE PASS TO
JUDICIARY COMMITTEE. WIW I SAY
ARTO BRADFORD BRADFORD I.
SKINNER SKINNER, I WIENER.
EMOTIONS ON CALL. CAN WE ALSO
GET A MOTION ON S¼ B 965. BY
SENATOR MIN COME ON. MOVED BY
SENATOR BRADFORD LET'S CALL FOR
A VOTE. S¼ B 965 MOTION IS DUE
PASS TO APPROPRIATIONS WAH WAH I
SEAR BRADFORD BRADFORD I SKINNER
SKINNER I WIENER. THAT BUILDS ON
CALL AS WELL. UH, WE WILL GO
NEXT. WITH SENATOR MENJIVAR. UM
S¼ B 987. DO YOU HAVE WITNESSES?
I DO, MADAM CHAIR, ALL RIGHT. I
WANT TO MAKE IT VERY CLEAR. THE
WITNESSES WILL BE TESTIFYING AT
THAT PODIUM RIGHT THERE. UH AND
THEY WILL BE TIMED AT TWO
MINUTES AND SENATOR WHENEVER
YOU'RE READY. GOOD MORNING,
MADAM CHAIR. UM HELLO PUBLIC
SAFETY COMMITTEE. THIS IS MY
FIRST TIME IN THIS COMMITTEE.
UM, SINCE I STARTED AS A AS A
SENATOR, SO I HOPE IT GOES WELL.
I'M HERE TO TALK TO YOU ABOUT S¼
B 987. PRE MY PREDECESSORS. OUR
PREDECESSORS A COUPLE YEARS AGO
STARTED MOVING TOWARDS A NON
PUNITIVE APPROACH CARES FOR
JOWLS LAST FOR ANYTHING RELATED
TO OUR JUSTICE SYSTEM. IN FACT,
A LOT OF MOVEMENT HAS HAPPENED
WHEN IT COMES TO RE ENTRY
SERVICES, PRE TRIAL SERVICES AND
SO FORTH. NOW, THIS BILL IS
LOOKING TO INCH CLOSER TO A CARE
FIRST MODEL. IT WOULD EXPAND THE
DEFINITION OF CRIMINAL JUSTICE
AGENCIES TO INCLUDE PRE PRETRIAL
RELEASE DEPARTMENTS. I WANT TO
BE VERY CLEAR THIS BILL IS
PERMISSIVE. EXISTING NOT ONLY
ALLOWS PRE CHILD WORK TO BE
COMPLETED BY PROBATION
DEPARTMENTS, THE COURTS OR OTHER
EXISTING CRIMINAL JUSTICE
AGENCIES, EXCLUDING AGENCIES
LIKE IN THE AREA THAT I
REPRESENT L, A COUNTY'S JUSTICE
CARE AND OPPORTUNITIES
DEPARTMENT, J CO. FREE CHILD
SERVICE PROGRAMS LIKE J COD ARE
USED IN THE EARLY STAGES OF THE
CRIMINAL CASE PROCESS, OFFERING
THE COURT ALTERNATIVES BY
IMPROVING THE BREADTH AND
QUALITY OF INFORMATION ABOUT
DEFENDANTS AND PROVIDING
SERVICES TO ADDRESS THEIR NEEDS.
THIS INFORMATION CAN INCLUDE
THEIR HOUSING AND EMPLOYMENT
SITUATION, FAMILY RELATIONSHIPS
AND OTHER COMMUNITY TIES, ALL
IMPORTANT TO KNOW AND UNDERSTAND
THE CLIENT'S CIRCUMSTANCES THAT
HAVE LED TO THEIR CHARGES. WE
WANNA MAKE SURE WE'RE PREVENTING
RECIDIVISM. THIS INFORMATION
ALSO HELPS TO IDENTIFY THEIR
NEEDS TO PREVENT THEM LIKE I
MENTIONED REENTERING. ONCE A
PERSON'S NEED HAVE BEEN
IDENTIFIED IN AN INDEPENDENT
PRETRIAL AGENCY CAN PROVIDE AND
LINK CLIENTS TO SERVICES
INCLUDING HOUSING, SUBSTANCE
DISORDER, TREATMENT AND OTHERS.
IT HELPS THEM NAVIGATE THE
PROCESS, HOWEVER, BECAUSE OF
EXISTING LAW, INDEPENDENT
PRETRIAL AGENCIES ARE UNABLE TO
ACCESS CRIMINAL HISTORY,
INFORMATION FROM FEDERAL, STATE
AND LOCAL AGENCIES TO IMPLEMENT
AN ALL INCLUSIVE, INDEPENDENT
PRETRIAL OPERATION. S¼ B 987
WILL ALLOW AN INDEPENDENT AGENCY
TO ESTABLISH AN INDEPENDENT
PRETRIAL DIVISION CAPABLE OF
OFFERING A WIDE ARRAY OF CLIENT
SERVICES, ALONG WITH TRADITIONAL
PRETRIAL SERVICES IN THE STATE
RIGHT NOW, SHOULD THIS BILL PASS
IN X MONTHS, ONLY TWO COUNTIES
WOULD BE ABLE TO MOVE FORWARD
WITH THIS SHOULD THEY CHOOSE. L
A COUNTY AND SANTA CLARA COUNTY
ALREADY HAVE COUNTY DESIGNATED
PRETRIAL SERVICES. THIS BILL
DOES NOT GIVE THE ABILITY FOR
NEEDS TO CHOOSE THAT THEY WANT
TO DO A PRET PRETRIAL AGENCIES.
THIS HAS NOTHING TO DO WITH THAT
. THEY CAN ALREADY DECIDE THAT
ON THEIR OWN. THIS BILL SIMPLY
ALLOWS. SHOULD A COUNTY HAVE A
PRETRIAL AGENCY? UM ALLOW THEM
TO HAVE ACCESS TO THE FULL
INFORMATION TO PROVIDE PRETRIAL
AGENCIES. S¼ B 97 IS SPONSORED
BY THE COUNTY THAT I REPRESENT
L, A COUNTY BOARD OF SUPERVISORS
. SINCE THEY HAVE THIS AGENCY
READY TO GO AND HERE TO ME HERE
WITH ME TODAY TO IN SUPPORT OF
THIS BILL AND TESTIFY MÀ. I'M
SURE WE MOVE TO MY WITNESSES IS
UH, JUDGE SHANGHAI ARMSTEAD,
DIRECTOR OF THE LOS ANGELES
COUNTY JUSTICE CARE AND
OPPORTUNITIES DEPARTMENT. AND
THEN I'LL INTRODUCE MY WHEN MY
SECOND ONE IS AFTER. THANK YOU,
JUDGE. YOU HAVE TWO MINUTES.
THANK YOU. HELLO AND THANK YOU,
MADAM CHAIR AND MEMBERS OF THE
PUBLIC SAFETY COMMITTEE FOR
LETTING ME BE HERE TODAY AND A
SPECIAL THANK YOU TO SENATOR.
UH, MIND BAR FOR AUTHORING S¼ VÆ
987. I'M RETIRED JUDGE SONGHAI
ARMSTEAD. I'M THE CURRENT
DIRECTOR OF L, A COUNTY'S BRAND
NEW JUSTICE CARE AND
OPPORTUNITIES DEPARTMENT. UM,
WHICH IS THE COUNTY'S EFFORT TO
UNIFY ALL OF THE VULNERABLE,
UNIFIED SERVICES FOR ALL OF THE
VULNERABLE JUSTICE IMPACTED
COMMUNITIES. WE CURRENTLY
PROVIDE SERVICES VOLUNTARILY FOR
PRETRIAL SERVICES. WE PROVIDE
SERVICES FOR DIVERSION. REENTRY
ALSO SUPPORT UM, A NUMBER OF
NONPROFIT AND COMMUNITY BASED
ORGANIZATIONS THAT HELP WITH, UM
REDUCING RECIDIVISM AND KEEPING
OUR COMMUNITY SAFE. I'M HERE
TODAY TO SPEAK IN FAVOR OF SB
987 A BILL WHICH, UM, HAS THE
SUPPORT OF LOS ANGELES COUNTY
BOARD OF SUPERVISORS AS WELL AS
OUR PROBATION CHIEF. THE BILL IS
IMPORTANT BECAUSE THIS BILL
EXPANDS THE DEFINITION OF
CRIMINAL JUSTICE AGENCIES TO
INDEPENDENT PRETRIAL, UH,
DEPARTMENTS, ALLOWING AN
INDEPENDENT AGENCY LIKE OUR
DEPARTMENT, J COD TO OFFER A
WIDE RANGE OF CLIENT SERVICES,
ALONG WITH THE TRADITIONAL
ASPECTS OF PRETRIAL OPERATIONS
FURTHER. THE SPILL ALSO ENSURES
THAT INFORMATION GATHERED DURING
PRETRIAL INVESTIGATIONS REMAINS
CONFIDENTIAL, WITH CERTAIN
SPECIFIED EXCEPTIONS TO PROMOTE
CANDID CONVERSATIONS AND IMPROVE
TREATMENT OUTCOMES. I WOULD ALSO
LIKELY I WOULD ALSO LIKE TO
BRIEFLY ADDRESS SOME CONCERNS
PROVIDED IN THE BILL. ANALYSIS
FIRST, THE CONCERN OF POTENTIAL
ABUSE OF Dð Ó J CRIMINAL
DATABASES WE CURRENTLY HAVE
WITHIN OUR DEPARTMENT. THREE, UH
OF THE MANAGERS THAT FROM
PROBATION THAT WORKED THE
SUPERVISOR THAT RAN PROBATION
WITHIN THE SUPERVISOR THAT RAN
PRETRIAL SERVICES IN PROBATION
FOR A NUMBER OF YEARS NOW WORKS
FOR US. HE SITS ON A NUMBER OF
NATIONAL LOCAL COMMITTEES, AND
HE WOULD WORK WITH Dð Ó J TO
MAKE SURE WE HAVE ALL OF OUR
SECURITY PROTOCOLS IN PLACE, AS
WELL AS ANOTHER CHIEF DEPUTY
FROM PROBATION. ALSO, IT IS IN
THERE AND TWO OTHER MANAGERS AS
WELL. UM, SECOND, I'D LIKE TO
REITERATE THAT THE BILL IS
SOLELY PERMISSIVE IN ADDING AN
INDEPENDENT PRETRIAL AGENCY SUCH
AS J COD AS OTHER JUDGE TIME. OK
THANK YOU FOR YOUR TIME. THANK
YOU ASKING FOR AN I VOTE, MADAM
CHAIR. MY SECOND WIT WITNESS IS
FROM THE AMITY FOUNDATION. DARBY
KAN HØI EVERYONE. I'M DARBY
KERNAN. I'M STANDING IN TODAY
FOR AMITY FOUNDATION èC E Ó
DOUG BOND, WHO IS OUT SICK? UM
UH. AMITY FOUNDATION IS
CURRENTLY ONE OF THE NONPROFITS
THAT IS WORKING AS A PRETRIAL
PROVIDER IN LOS ANGELES COUNTY
AND WORKING WITH THE JUDGE.
AMITY IS AN AMAZING ORGANIZATION
THAT'S DEDICATED TO THE
INCLUSION AND REHABILITATION OF
PEOPLE MARGINALIZED BY ADDICTION
, TRAUMA, CRIMINALITY,
INCARCERATION AND HO
HOMELESSNESS. AMITY STRIVES TO
IMPROVE HEALTH AND PROMOTE
ENVIRONMENTAL, SOCIAL AND
ECONOMIC JUSTICE, WHICH INCLUDES
WORKING WITH BOTH INDIVIDUALS
AND THEIR FAMILIES, CURRENTLY,
UH, DOING THIS WORK IN LOS
ANGELES, THE PROVIDERS AND THE
COUNTY ARE MAKING GREAT
PROGRESS. BUT LIKE SENATOR,
MENJIVAR SAID, THIS BILL WILL
HELP WITH SHARING INFORMATION.
ONE OF THE MOST IMPORTANT
ASPECTS OF 987 IS IT WILL REDUCE
THE IMPACT THAT THESE
INDIVIDUALS ARE FACING DURING
PRETRIAL AND IT'S HELPING THESE
FOLKS WHEN THEY ARE REALLY AT
THIS. CROSSROADS OF FALLING BACK
INTO CRIMINALIZATION OR TURNING
THE PAGE AND REALLY TAKING ON
THE NEW CHALLENGES IN THEIR LIFE
TO KIND OF CHANGE THEIR PATH.
THE BILL EFFECTIVELY CREATES
MORE SPACE TO REDUCE UNNECESSARY
PRETRIAL DETENTION, EASING THE
BURDEN ON JAILS AND, UH REDUCING
OVERCROWDING PROMOTES FAIRNESS
AND EQUITY IN THE SYSTEM ALLOWS
AGENCIES TO PROVIDE SUPPORT AND
SUPERVISION TO ENSURE THAT
INDIVIDUALS CAN REMAIN IN THE
COMMUNITY SAFELY. UM, THIS HELPS
FOSTER ENGAGEMENT AND
COMMUNICATION AND COLLABORATION
AMONGST LAW ENFORCEMENT AGENCIES
AND OTHER AGENCIES. ASSISTING IN
THE PRETRIAL SERVICES. UM AS A
PROVIDER ON THE GROUND ANY TIME
THAT COMMUNICATION LINES ARE
OPEN, IT BENEFITS EVERYONE
INVOLVED. WE ASK FOR YOUR
SUPPORT TODAY. THANK YOU. THANK
YOU. CAN WE MOVE ON TO ME TOOS.
STATE, YOUR NAME YOUR
ORGANIZATION AND THAT YOU
SUPPORT THE BILL OR OPPOSE THE
BILL. GOOD MORNING, ALICE
MICHAEL ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION IN SUPPORT. THANK
YOU. GOOD MORNING, SELIA ROGERS
ON BEHALF OF ELLA BAKER CENTER
FOR HUMAN RIGHTS FROM RICHMOND,
CALIFORNIA IN SUPPORT. EMILY
HARRIS, ELLA BAKER CENTER FOR
HUMAN RIGHTS, OAKLAND,
CALIFORNIA AND STRONG SUPPORT.
GOOD MORNING. ANTHONY DIMARTINO,
GOVERNMENT AFFAIRS DIRECTOR OF
CALIFORNIANS FOR SAFETY AND
JUSTICE, AND STRONG SUPPORT.
JOHN SKOGAN WITH THE COUNTY OF
LOS ANGELES. UH, SPONSOR OF A B
987 AND IN SUPPORT. THANK YOU.
THANK YOU. DO WE HAVE ANY LEAD
OPPOSITION WITNESSES? THANK YOU
STATE YOUR NAME AND ORGANIZATION
AND YOU HAVE TWO MINUTES. THANK
YOU, MADAM CHAIR MEMBERS. UH,
MATTHEW CLING ON BEHALF OF THE
LOS ANGELES PROBATION OFFICERS
UNION ASKED ME 685. WITH ALL DUE
RESPECT, OUR MEMBERS
RESPECTFULLY DISAGREE AND OPPOSE
S¼ B 987, WHICH DIRECTLY TARGETS
AND UNDERMINES, POTENTIALLY
WOULD ELIMINATE THE CRITICAL
ROLE OF OUR L, A COUNTY PRETRIAL
SERVICES DIVISION, AS WELL AS
THE JOB OF POTENTIALLY HUNDREDS
OF OTHER COUNTY PROBATION
DEPARTMENT EMPLOYEES ACROSS THE
STATE. S¼ B 987 PROVIDE NEW
COUNTY PRETRIAL STAFF FORMED IN
A RECENTLY CREATED NEW AGENCY
WITHIN L, A COUNTY WITH THE
ABILITY TO ACCESS CRIMINAL
RECORDS AND DATABASES, CURRENTLY
ONLY ACCESSIBLE TO CRIMINAL
JUSTICE AGENCIES, SUCH AS THE
PROBATION DEPARTMENT, WHERE THIS
IMPORTANT WORK HAS HISTORICALLY
AND IS CURRENTLY BEING DONE. THE
L, A COUNTY PRETRIAL SERVICES
DIVISION, TRAINS EMPLOYEES AND
UTILIZES THE SKILLS OF NEARLY
300 BUDGETED EMPLOYEES
THROUGHOUT THE ENTIRE CRIMINAL
JUSTICE PROCESS. THESE 300
PUBLIC SERVANTS HAVE DEVELOPED A
HIGH LEVEL OF EXPERTISE WITH THE
ROLE OF RISK ASSESSMENTS AND THE
CRIMINAL JUSTICE SYSTEM AS WELL
AS PROVIDING RECOMMENDATIONS AND
REPORTS TO THE COURT. THESE
PROBATION PROFESSIONALS ARE BEST
SUITED FOR SUCCESSFUL PRE TRIAL
SERVICES THAT PROTECT PUBLIC
SAFETY WHILE MITIGATING
DISRUPTIONS TO POSITIVE
COMMUNITY ENGAGEMENT FOR LOW
RISK OFFENDERS. AND MOST
IMPORTANTLY, THEY LIVE IN AND
COME FROM THE COMMUNITIES THEY
SERVE. THIS IS NOT A JOB. IT IS
A CALLING. IN THE WORDS OF THE
CALIFORNIA SUPREME COURT, THE
GOAL OF PRETRIAL WORK IS TO
BALANCE THE RIGHT OF PRETRIAL
LIBERTY WITH THE STATE'S
INTEREST IN PROTECTING THE
PUBLIC. SUCH A BALANCED REASON
REQUIRES A REASON TO INQUIRY
CAREFUL CONSIDERATION OF THE OF
THE INDIVIDUAL ARRESTEES
CIRCUMSTANCES AND FAIR
PROCEDURES. THIS IS WHAT OUR
FOLKS STRIVE TO DO. L, A COUNTY
AVERAGES 240 THREE BOOKINGS PER
DAY OVER 7000 PER MONTH OR
NEARLY 90,000 PER YEAR OF THESE
40% OF THEM ARE SERIOUS AND
VIOLENT OFFENSES SUCH AS MURDER,
RAPE. I SAW IT WITH A DEADLY
WEAPON, WITNESS INTIMIDATION,
DOMESTIC VIOLENCE AND OTHER
SERIOUS AND VIOLENT FELONIES
THAT QUALIFY AS BAIL ELIGIBLE.
OUR FOLKS HAVE THE EXPERTISE,
EXPERIENCE AND UNDERSTANDING TO
THREAD THE NEEDLE ON THESE
ISSUES ACHIEVE A BALANCED PUBLIC
SAFETY BETWEEN THE ACCUSED AND
THE COMMUNITY ON THESE COMPLEX
ISSUES AND SUCCESSFULLY PERFORM
THIS, UH, THIS IMPORTANT TASK
LASTLY AND MOST IMPORTANTLY,
LOCAL 685 IS NOT AWARE OF A JUST
JUSTIFICATION OR NEED FOR THE
MASSIVE SHIFT IN APPROACH
PROPOSED BY THIS BILL. OUR
PROGRAM IS EFFECTIVE, SUCCESSFUL
AND PRAISED BY THE COURTS, THE
CORRECT MOST QUALIFIED AND MOST
APPROPRIATE PROFESSIONALS TO
PERFORM. THIS ROLE IN THE
CRIMINAL JUSTICE SYSTEM ALREADY
EXISTS ON OUR COUNTY PROBATION
DEPARTMENTS, AND IT'S A PRETRIAL
SERVICES UNION. FOR THESE
REASONS WE ARE TO NÓ VOTE ON SB
987. THANK YOU. THANK YOU. DO WE
HAVE ANY OPPOSITION? ME TOOS
THING? NONE BRINGING THE
CONVERSATION BACK TO THE
COMMITTEE MEMBERS. COMMITTEE
MEMBERS. DO YOU HAVE ANY
COMMENTS? MADAM CHAIR? AM I
ALLOWED TO RESPOND? UH, AFTER WE
HAVE QUESTIONS. UH, SENATOR
SKINNER. HØI. I'D LIKE TO HEAR
THE, UH, AUTHOR'S RESPONSE TO
THAT. ALL RIGHT. THANK YOU,
SENATOR. THANK YOU SO MUCH. UH,
SENATOR SKINNER. UH UH, YOU KNOW
, L, A PROBATION STATES THAT
THEY HAVE THREE 100 BUDGETED
EMPLOYEES. BUT IN FACT BECAUSE L
A PROBATION IS STRUGGLING WITH
STAFFING ISSUES THEY'VE HAD TO
MOVE AROUND EMPLOYEES. SO IN THE
PRE TRIAL AGENCIES RIGHT NOW,
THEY HAVE APPROXIMATELY I
BELIEVE 80 TO 90 EMPLOYEES ONLY
OUT OF THEIR THREE 100 BUDGETED
EMPLOYEES BECAUSE THEY'VE HAD TO
MOVE TO THEIR JUVENILE HALLS TO,
UM, STAFF, THE UNDERSTAFFING
ISSUES THAT THEY'RE HAVING THERE
AND ADDITIONALLY, UH, THESE JCO
JOBS AS IT PERTAINS TO L, A
COUNTY, OUR COUNTY EMPLOYEES AS
WELL, SO WE CAN'T ASSUME THAT
THEY'RE NOT FROM THE AREA THAT'S
LIKE SAYING THAT EVERY SINGLE
PROBATION OFFICER FOR L, A
COUNTY LIVES IN L, A COUNTY YOU
CAN'T ASSUME THAT THIS THIS IS
TO SUPPLEMENT AND HELP. IN FACT,
J COD HAS MADE IT CLEAR THAT
THEY WOULDN'T TAKE CERTAIN.
CERTAIN JOBS THAT, UM, PROBATION
IS ALREADY DOING LIKE, FOR
EXAMPLE. J CO. HAS STATED THAT
THEY WOULD NOT BE WORKING IN
MULTIPLE PROBATIONS FREE TRIAL
SERVICES MENTIONED IN THEIR
OPPOSITION LETTER, SUCH AS THE
CIVIL NAME CHANGE AND THE
ELECTRONIC MONITORING THIS WOULD
ACTUALLY SUPPLEMENT PROBATIONS
ABILITY TO FULLY FUND AND
PROVIDE SERVICES TO THOSE GOING
THROUGH PRE TRIAL SERVICES AND
THE NOTION THAT THIS IS GONNA
TAKE AWAY JOBS STATEWIDE, LIKE I
MENTIONED ONLY TWO COUNTIES
RIGHT NOW HAVE PRETRIAL, UM,
AGENCIES. THIS IS NOT TO SAY
THAT OTHER COUNTIES COULD COME
UP WITH ANOTHER ONE. BUT RIGHT
NOW, IF 987 PASSES WE ONLY, UH
IMPACT, TOO. THANK YOU, SENATOR.
UM CAN I ASK YOU A FOLLOW UP
QUESTION? UM BASED ON THE
COMMENTS THAT THEY STATED THAT
THEY DO HAVE EMPLOYEES FROM THE
DEPARTMENT ROUGHLY 300 OBVIOUSLY
DEBATABLE. UM IS IT? IS IT FAIR
TO SAY THAT THESE PEOPLE COULD
POTENTIALLY BE ABSORBED IN THIS
NEW DEPARTMENT AS WELL? WELL,
YOU HEARD FROM MY, UM, SUPPORT
THAT THERE IS A PREVIOUS
PROBATION OFFICER WHO IS WHO WAS
A MANAGER AND IS NOW WORKING
UNDER J COD. UM, BUT I'D LIKE TO
ALSO TURN TO THE PREVIOUS JUDGE
ON FURTHER ANSWERING THAT
QUESTION, IF YOU WOULD ALLOW
MANAGERS SO, YES. UM, THANK YOU
FOR THIS OPPORTUNITY TO RESPOND
TO THE QUESTION. SO THE PRETRIAL
SERVICES STAFF WITHIN, UM,
PROBATION. NONE OF THEM ARE
FOREIGN OFFICERS, SO THEY'RE
EITHER NON SWORN CIVILIAN
PERSONNEL OR THE PEOPLE WHO ARE
SWORN WHO ARE NOW WORKING IN FOR
WHATEVER REASON ARE AS UNSWORN
PERSONNEL. THEY ARE FREE TO MOVE
WITHIN THE COUNTY. THEY WOULDN'T
BE LOSING THEIR JOBS. THE WAY
THE COUNTY IS WE'RE ALREADY
WORKING WITH EMPLOYEE RELATIONS.
THEY'D BE ABLE TO GO IN WITH
OTHER PLACES WITHIN PROBATION.
THERE WAS A LETTER SENT OUT LAST
YEAR THAT THEY COULD VOLUNTARILY
MOVE BECAUSE OF THE THINGS THAT
THE SENATORS ALREADY STATED.
THEY NEED A LOT OF HELP ON THIS
WITH CIVILIAN WORKERS ON THE ON
THE JUVENILE SIDE. UM THOSE WHO
WANTED TO GO HAVE ALREADY MOVED
OVER AND THEY WOULD BE ALLOWED
TO APPLY WITHIN POSITIONS WITHIN
OUR DEPARTMENT AS WELL. IT WOULD
BE CONSIDERED AN INTERNAL
TRANSFER. POTENTIALLY YES. AND,
UH, THESE INDIVIDUALS ARE
DEDICATED TO THIS PARTICULAR
ARENA WOULD BE ABLE TO WORK IN
AN ARENA THAT ACTUALLY HELPS THE
POPULATION THAT YOURS ARE IF
THEY SO CHOOSE. AND IF THEY ARE
IN ALIGNMENT, SO IT'S I'M NOT
GONNA SAY THAT EVERYONE WILL
NECESSARILY HAVE IT. BUT IF THAT
IS WHAT THEY'RE COMMITTED TO, WE
ARE COMMITTED TO SERVING THE
POPULATION AND LINK THEM TO
APPROPRIATE SERVICES. AND IF
THEY ARE IN ALIGN WITH THAT
PURPOSE, AND WE DID, YES, THAT
WOULD BE TRUE. IS THERE ANY
POTENTIAL FOR JOB CUTS THERE DOT
NÓ. ALL RIGHT, THERE'S A
SHORTAGE OF JOBS. ALL THAT WE
DON'T HAVE ENOUGH PEOPLE AT ALL.
THANK YOU. UM, WE'LL ASK FOR A
CLOSE THANK YOU SO MUCH FOR, UH,
THE DISCUSSION HERE. YOU'VE
HEARD THAT THIS IS LOOKING TO
SUPPLEMENT WHAT PROBATION
OFFICERS ARE DOING RIGHT NOW.
THERE IS NOT ENOUGH TO MEET THE
NEEDS OF OUR YOUTH, ESPECIALLY
WITH THE CLOSURE OF Dð JJ. AND A
LOT OF OUR YOUTH BEING, UM,
TRANSFERRED OVER TO THE COUNTY,
ESPECIALLY AND I'D LIKE TO SPEAK
ONLY TO L A COUNTY RIGHT NOW,
SINCE OPPOSITION IS COMING FROM
L, A COUNTY PROBATION, WE ARE
STRUGGLING IN L, A COUNTY TO
MEET THE NEEDS OF OUR YOUTH
THERE. IN FACT, THERE HAVE BEEN
PLENTY OF HEADLINES SEEN
REGARDING THE MISMANAGEMENT AND
TREATMENT OF OUR YOUTH IN L A
COUNTY NOW I KNOW PRETRIAL
SERVICES IS NOT JUST FOR OUR
YOUTH. THIS WILL HELP IN A RAY
OF AGE GROUPS. BUT AS YOU HEARD
WHEN I MENTIONED EARLIER THAT
WE'RE THEY'RE MOVING A LOT OF
EMPLOYEES AROUND TO HANDLE. UH
WHAT IS GOING ON IN OUR JUVENILE
SECTION? SO I DON'T WANNA MAKE
SURE THAT WHY I DON'T WANT I
WANNA MAKE SURE THAT WE WE'RE
ADDRESSING AN INJUSTICE AND OUR
JUVENILE SECTION THAT WE'RE NOT
CREATING ANOTHER INJUSTICE IN
OUR PRETRIAL SERVICES. SO I
WANNA SUPPLEMENT THAT 987 IS NOT
GONNA TAKE ANY JOBS IS GONNA
FURTHER, UM, BUILD UP OUR
ABILITY TO ADDRESS THESE, UH,
SERVICES. ONLY TWO COUNTIES HAVE
THIS IN THE STATE OF CALIFORNIA.
IF THERE IS A NONPROFIT THAT
DOES PRETRIAL SERVICES, THEY
WOULD NOT BE COVERED UNDER 987.
THIS IS ONLY DESIGNATED BY
COUNTY SPECIFIC, UM,
ORGANIZATIONS JUST LIKE J CODD
WITH THAT. I RESPECTFULLY ASK
FOR YOUR I VOTE. THANK YOU. DO I
HAVE A MOTION? MOVE THE BILL.
THANK YOU. SENATOR SKINNER MOVES
THE BILL. CAN WE CALL FOR A
VOTE? S¼ 987 MOTION IS DUE PASS
TO APPROPRIATIONS WAH WAH, I SAY
ARTO BRADFORD SKINNER SKINNER, I
WIENER. BILLS ON CALL. THANK
YOU, SENATOR. NOW I WILL BE
PRESENTING SENATOR SKINNER WILL
BE CHEERING FOR ME.
YOU MAY PRESENT THANK YOU. GOOD
MORNING, SO S¼ B 982 SIMPLY
ELIMINATES THE JANUARY 1ST 2026
SUNSET TO SUSTAIN THE CRIME OF
ORGANIZED THEFT. THIS BILL IS
PART OF THE SENATE CAUCUS
PACKAGE A SAFER CALIFORNIA PLAN
AND GOVERNOR NEWSOM'S RETAIL
THEFT PACKAGE DESPITE THE
LIKELIHOOD OF UNDER REPORTED
RETAIL THEFT, ESPECIALLY LOW
VALUE THEFT DATA SHOWS A 29%
JUMP IN REPORTED RETAIL THEFT
FROM 2019 TO 2022. ASIDE FROM
BIG RETAILERS, MANY SMALL
BUSINESSES ARE SUFFERING THE
CONSEQUENCES OF ORGANIZED RETAIL
THEFT. AND OFTEN TIMES DO NOT
HAVE THE SAME RESOURCES TO BE
PROTECTED. UM THEMSELVES. IN
CALIFORNIA, NEARLY HALF OF SMALL
BUSINESSES ARE OWNED BY RACIAL
AND ETHNIC MINORITY GROUPS. WHEN
RETAILERS ARE AFFECTED BY THESE
CRIMES, THEY TYPICALLY MAKE UP
THOSE LOSSES BY RAISING PRICES,
REDUCING HOURS OR CLOSING THEIR
STORES ULTIMATELY IMPACTING
OTHER CONS. BUT ALSO IMPACTING
THEIR SMALL BUSINESS, THEIR
FAMILY AND THE COMMUNITY. S¼ B
982 WILL ENSURE ORGANIZED THEFT
REMAINS A CRIME TO GIVE
PROSECUTORS AND LAW ENFORCEMENT
THE EFFECTIVE TOOLS THEY NEED TO
COMBAT ORGANIZED THEFT WITH ME
TODAY, TESTIFYING IN SUPPORT IS
MARGARET GLADSTEIN ON BEHALF OF
THE CALIFORNIA RETAILS RETAILERS
ASSOCIATION. THANK YOU, MADAM
CHAIR AND MEMBERS MARGARET
GLADSTEIN WITH A COUPLE OF HERE
ON BEHALF OF THE CALIFORNIA
RETAILERS ASSOCIATION. UM WE ARE
IN STRONG SUPPORT OF S¼ B 982.
WE APPRECIATE THE AUTHOR'S
INTRODUCING THIS BILL TO REMOVE
THE SUNSET. THIS LAW HAS BEEN
INSTRUMENTAL IN STOPPING MANY
ORGANIZED RETAIL THEFT RINGS AND
THOSE BRINGINGS OFTEN USE THEIR
ILL GOTTEN GAINS TO MANIFEST TO
THEN HUMAN TRAFFIC AND COMMIT
OTHER CRIMES. IN FACT, JUST THIS
MORNING, THE GOVERNOR ANNOUNCED
THAT THE HAD MADE SOME ARRESTS
USING THIS LAW STOPPING A RING
AN ORGANIZED RING IN OAKLAND.
UH, THESE CRIMES ARE PERPETUATED
BY SOPHISTICATED CRIMINALS WHO,
UM, HAVE DIFFERENT PEOPLE
WORKING FOR THEM, BUT THEY'RE
THE THIS LAW IS USED TO
PROSECUTE THE PEOPLE BEHIND THE
PEOPLE. IF YOU WILL. I WOULD
LIKE TO TAKE A MOMENT TO ADDRESS
SOME OF THE INFORMATION THAT WAS
REPEATED IN THE, UH, IN THE
ANALYSIS THAT WAS FROM LETTER
FROM PEOPLE OPPOSING THE BILL ON
CALIFORNIA LAW IS CURRENTLY ARE
NOT HARSHER THAN THOSE IN TEXAS
OR SOUTH CAROLINA. IN FACT, IN
THOSE STATES AFTER MULTIPLE
OFFENSES, CRIMINALS CAN GO TO
PRISON, AND THAT'S SIMPLY NOT
TRUE HERE IN CALIFORNIA, BUT TO
FOCUS ON THIS BILL. TODAY WE
SUPPORT THE BILL. WE SUPPORT
REMOVING THE SUNSET, AND WE'RE
VERY GRATEFUL FOR THE AUTHOR OF
BRINGING THIS FORWARD. WE ASKED
FOR AN I VOTE. IS THERE ANY
OTHER MAIN WITNESSES OR THESE
NOW MEAN ME TOOS MAIN WITNESS,
MISTER, UH, I HADN'T PLANNED TO
BE HERE TODAY. I WAS HERE TO
HELP SEND SKINNER BUTTER BILL
GOT OUT WHILE I WAS IN THE LINE.
I WAS IN SAN FRANCISCO. ON
SUNDAY WITH THE SO WHO EVERYONE
KNOWS, WAS A CHIEF COUNSEL TO
PUBLIC SAFETY COMMITTEE. SHE
BECAUSE HER HER DOG HAS HEALTH
ISSUES. SHE HAD TO GET
SPECIALIZED. CREAM AT A
WALGREENS AND DIAMOND HEIGHTS IN
SAN FRANCISCO. WE ACTUALLY WERE
SHE WAS IN THE STORE WHEN ONE OF
THESE THINGS HAPPENED. LET ME
TELL YOU THIS IS NOT FUNNY. THIS
IS NOT A JOKE. THIS IS VERY
FRIGHTENING AND I'M SURPRISED
THAT NOT MORE PEOPLE HAVE BEEN
KILLED BECAUSE OF THIS BEHAVIOR,
AND THIS IS THE LEAST WE CAN DO.
IN TERMS OF DEALING WITH THIS
PROBLEM. THEY ARE PROBABLY
ADDITIONAL STEPS IN TERMS OF
TRAINING. UH SOME OTHER THINGS,
BUT THIS IS A MINIMUM IS
REQUIRED. THANK YOU. THANK YOU.
NOW WE HAVE ME TOOS. KI¾M STONE
STONE ADVOCACY ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION IN SUPPORT. UH, GOOD
MORNING. JONATHAN FELDMAN ON
BEHALF OF THE CALIFORNIA POLICE
CHIEFS ASSOCIATION IN SUPPORT.
GOOD MORNING LIEUTENANT JULIO DE
LEÓN FROM THE RIVERSIDE COUNTY
SHERIFF'S OFFICE IN SUPPORT.
GOOD MORNING, MADAM CHAIR
MEMBERS RYAN SHERMAN WITH THE
RIVERSIDE SHERIFFS ASSOCIATION,
THE CALIFORNIA NARCOTIC OFFICERS
ASSOCIATION SUPPORT AND THE
POLICE OFFICER ASSOCIATIONS OF
ARCADIA, BURBANK, CLAREMONT
CORONA. CULVER CITY FULLERTON.
MARIA THE NEWPORT BEACH, NEVADO,
PALOS VERDES, POMONA, RIVERSIDE,
SANTA ANA UPLAND, CALIFORNIA
RESERVE PEACE OFFICERS
ASSOCIATION, THE DEPUTY
SHERIFF'S ASSOCIATION OF
MONTEREY AND PLASTER COUNTIES.
ALL IN SUPPORT. THANK YOU. THANK
YOU. ANY OTHER IN SUPPORT. ALL
RIGHT, WE'LL NOW GO TO
OPPOSITION. DO WE HAVE ANY
OPPOSITION PRESENT WHO WANTS TO
TESTIFY? ALL RIGHT, SEEING NONE.
UH, I'M THE ONLY ONE ON THE
DIET. SO LET ME SAY, UM UH,
SENATOR, I APPRECIATE THE, UH
REMOVING THE SUNSET OR EXTENDING
THE, UM SUNSET. THE, UM THIS
BILL ESTABLISHED THE ATTORNEY
GENERAL'S TASK FORCE ON
ORGANIZED RETAIL THEFT AND IT
YOU KNOW TOO OFTEN, UM NOT LET'S
STEP BACK. NOT TOO OFTEN. WE
KNOW THAT USING LAW ENFORCEMENT
PRIMARILY TO ARREST WHAT WE
MIGHT CALL SHOPLIFTERS WHO ARE
WHO DON'T HAVE THE ABILITY TO
UNLOAD THESE GOODS THEMSELVES OR
IS REALLY NOT GOING TO MAKE A
DENT IN THIS SITUATION THAT
WE'RE FACING THAT WHAT? WHAT WE
HAVE NOW IS IN EFFECT. CRIMINAL
GANGS WHO ARE PAYING INDIVIDUALS
AND, UH TO THEN DO THESE TO DO
THIS RETAIL THEFT AND THEN THEY
ARE EITHER USING, UH, ONLINE
MARKETPLACES TO SELL. GOODS OR
THEY THERE WAS A, UH, SITUATION.
UM RECENTLY A COUPLE OF YEARS
AGO WHERE THEY FOUND A, UM, A
LOCATION IN HAYWARD WERE
LITERALLY THESE GANGS WERE
FILLING SHIPPING CONTAINERS WITH
THESE GOODS. THESE STOLEN GOODS
AND THEN, UH, SHIPPING THEM TO
OVERSEAS. SO UNTIL WE REALLY GET
AT THESE CRIMINAL GANGS, WE AND
WHICH WE HAVE BEEN DOING,
THERE'S BEEN GOOD WORK ON THIS.
THAT'S HOW WE'RE GONNA REALLY,
UH, PUT AN END TO IT. AND SO
THIS WE NEED TO CONTINUE THE LAW
AS UH, AND GET RID OF THE SUNSET
. SO UM, WANTED TO MAKE THOSE
COMMENTS AND, UH OTHERWISE, I
WILL ASK YOU FOR YOUR CLOTHES.
THANK YOU, UH, S¼ B 982 IS A
BIPARTISAN EFFORT THAT WILL KEEP
OUR COMMUNITY SAFE BY MAKING
SURE LAW ENFORCEMENT CAN RESPOND
TO THE CRIME OF ORGANIZED THEFT.
I RESPECTFULLY ASK FOR AN I
VOTE. GREAT, SO WE NEED A
MOTION. ALL RIGHT. WE HAVE A
MOTION. UH, LET'S CALL THE RULE.
S¼ 982 MOTION IS PASSED TO
APPROPRIATIONS. WAHAB WAHAB, I
SEYARTO BRADFORD BRADFORD. I
SKINNER I SKINNER I WIENER. ALL
RIGHT. WE'LL PUT THAT BILL ON
CALL TILL WE HAVE OUR OTHER
MEMBERS AND I WILL HAND THE
GAVEL BACK.
YOU CONNECTIONS. YES, THAT'S SO
GOOD.
I KNOW IF HE'S STILL GOING.
CAN CAN WE LISTEN?
SENATOR WEINER. CAN WE HAVE YOU
PRESENT? S¼ B 902.
THANK YOU, MADAM CHAIR.
APOLOGIES FOR MAKE YOU WAIT. UM
MADAM CHAIR MEMBERS. THANK YOU
FOR HEARING THE BILL TODAY. S¼ B
912 WILL PROHIBIT LAW
ENFORCEMENT AGENCIES FROM USING
THE RESULTS OF A CALOR MERIC
FIELD DRUG TEST, WHICH IS A TEST
THAT IS HIGH INACCURACY RATES
AND WAS NEVER INTENDED TO BE A
DEFINITIVE DRUG TEST WILL
PROHIBIT USE OF THAT AS PROBABLE
CAUSE FOR ARREST AS A BASIS TO
CHARGE OR TO CONVICT. THE BILL
DOES NOT BÀN CALORIMETER TESTS
IT SIMPLY, UM OR SIMPLE DRUG
POSSESSION. ARRESTS WILL NOT
ALLOW THAT TO BE THE BASIS OF
THE ARREST, PROSECUTION OR
CONVICTION. VARIOUS DEPARTMENTS
ARE INCLUDING CHP ARE ALREADY
HAVE ALREADY STOPPED USING THESE
TESTS, OFTEN FOR OFFICER SAFETY
REASONS. UH, THESE TESTS ARE NOT
IN ANY WAY ESSENTIAL AND THEY
RESULT IN FALSE POSITIVES,
CAUSING PEOPLE TO PLEAD GUILTY
OR OTHERWISE BE CON. UM EVEN IF
A CONFIRMATORY TEST HAS NEVER
BEEN DONE TO BE CLEAR THESE
TESTS WERE NEVER INTENDED TO BE
DEFINITIVE DRUG TESTS. THEY NEED
A CONFIRMATORY TEST AND WE HAVE
POLICE DEPARTMENTS THAT ARE NOT
PERFORMING THOSE PERFORMER. UH,
THOSE CONFIRMATORY TESTS AND SO
PEOPLE ARE OFTEN PLEADING GUILTY
ON THIS BILL ONLY APPLIES TO
DRUG POSSESSION, NOT OTHER
CRIMES. THERE WAS A LOT OF VERY,
VERY DRAMATIC STATEMENTS IN THE
OPPOSITION ABOUT ALL SORTS OF
DIFFERENT CRIMES AND COVID AND
PREGNANCY TESTS THAT HAVE
ABSOLUTELY NOTHING TO DO WITH
THIS BILL. THIS IS ABOUT A
SITUATION WHERE AN OFFICER
SOMEONE OVER. THEY SEE SOME SORT
OF POWDER IN THE CAR. THEY
PERFORM ONE OF THESE TESTS THAT
HAVE HIGH INACCURACY RATE AND IT
COMES BACK POSITIVE AND IT ENDS
UP BEING SUGAR OR SOMETHING LIKE
THAT, AND THE PERSON HAS NOW
BEEN ARRESTED, TAKEN INTO
CUSTODY. MAYBE THEIR KIDS AT
HOME. MAYBE THEY'RE NOW MISSING
WORK, AND SOMETIMES THEY ARE
PLEADING GUILTY JUST TO BE DONE
WITH IT. BASED ON ONE OF THESE
INACCURATE, UH, TESTS. UM, SO IT
IS TIME FOR CALIFORNIA TO LEAD
AND TO MOVE AWAY FROM AGAIN NOT
BANNING THESE TESTS, BUT SAYING
YOU YOU CAN NÓ LONGER RELY ON
THEM AS THE REASON WHY YOU ARE
ARRESTING, CHARGING OR
CONVICTING SOMEONE OF SIMPLE
MISDEMEANOR DRUG POSSESSION. I
RESPECTFULLY ASK FOR AN I VOTE
AND WITH ME TODAY TO TESTIFY. IS
GRAY GARDNER, SENIOR POLICY
COUNSEL FOR DRUG POLICY ALLIANCE
, AND DES WALSH, THE DIRECTOR,
AND èC E Ó OF THE ROADSIDE
DRUG TEST. INNOCENCE ALLIANCE.
THANK YOU. YOU HAVE TWO MINUTES.
THANK YOU, MADAM CHAIR. GOOD
MORNING, MADAM CHAIR MEMBERS OF
THE COMMITTEE. MY NAME IS GRAY
GARDNER. I'M A SENIOR POLICY
COUNSEL FOR THE DRUG POLICY
ALLIANCE, THE NATION'S LEADING
ORGANIZATION WORKING TO END THE
WAR ON DRUGS AND ADVANCE
POLICIES GROUNDED IN HEALTH,
EQUITY AND HUMAN RIGHTS. THE EPA
IS A PROUD COSPONSOR OF S¼ P 912
, WHICH IS A SENSIBLE LEGAL
REFORM MEASURE THAT WILL IMPROVE
THE INTEGRITY OF THE CRIMINAL
LEGAL SYSTEM. THIS BILL LIMITS
THE USE OF COLOR METRIC DRUG
TESTS IN ESTABLISHING PROBABLE
CAUSE FOR ARREST OR AS THE BASIS
FOR A SIMPLE DRUG POSSESSION
CHARGE. AND WOULD GIVE
INDIVIDUALS THE RIGHT TO REQUEST
A CONFIRMATORY TEST. COLOR MERIC
FIELD TEST AS DEFINED IN THE
BILL IS A FIELD TEST DRUG KIT
THAT CONSISTS OF COLOR TEST
REAGENTS FOR THE PRELIMINARY
IDENTIFICATION OF CONTROLLED
SUBSTANCES. THIS DEFINITION DOES
NOT APPLY TO OTHER TESTING KITS
OR OTHER FIELD TESTS. UH DRUG
OFFENSES ARE THE LEADING BASIS
FOR ARREST IN THE US IT IS
ESTIMATED THAT OVER A MILLION
ARRESTS ARE FOR POSSESSION
ALONE. BLACK AMERICANS ARE
PARTICULARLY IMPACTED BY THESE
ERRONEOUS DRUG ARRESTS,
ACCOUNTING FOR OVER A THIRD OF
ALL ARRESTS, DESPITE
REPRESENTING JUST 12% OF THE
ADULT POPULATION, BLACK
AMERICANS WERE ARRESTED TO RAPE
THREE TIMES HIGHER THAN THEIR
WHITE INDIVIDUALS. BASED ON
THESE TESTS, A REPORT RECENTLY
RECENTLY RELEASED BY THE QUATTRO
CENTER AT THE UNIVERSITY OF
PENNSYLVANIA ESTIMATES THAT AT
LEAST 4000 ARRESTS EVERY YEAR.
INVOLVE INDIVIDUALS, NOT
POSSESSING CONTROLLED SUBSTANCES
WHO ARE FALSELY IMPLICATED BY
THESE TESTS. FIELD TESTS ARE
UNRELIABLE BECAUSE THEY'RE ONLY
CAPABLE OF IDENTIFYING THE
ELEMENTAL, UH, CHEMICAL
COMPOUNDS OF A SUBSTANCE. THESE
TESTS HAVE RESULTED IN FALSE
POSITIVES FOR ITEMS SUCH AS
POWDERED MILK, LIDOCAINE, FOLIC
ACID, VITAMINS, BIRD FECES, EVEN
HUMAN REMAINS. THE PROBLEM OF
FALSE POSITIVES HAS BEEN WELL
KNOWN FOR MANY YEARS, WELL OVER
A DECADE. SAN FRANCISCO SANTA
BARBARA TRACY POLICE DEPARTMENTS
AND KINGS MADEIRA SISK COUNTY
SHERIFFS NÓ LONGER USE THESE
COLOR METRIC FIELD TESTS. THE P
PROTOCOLS ALSO STATE THAT THE
DEPARTMENTAL PERSONNEL SHALL NOT
PERFORM PRESUMPTIVE FIELD TESTS
SOLELY TO CONFORM THE PRESENCE.
FROM THE PRESENT OF SUSPECTED
NARCOTICS. ALTHOUGH ALL THESE
AGENCIES INDICATE THEY
DISCONTINUED THE USE OF THESE
TESTS, PRIMARILY FOR OFFICER
SAFETY, IT IS IMPORTANT TO NOTE
THAT THE DRUG ENFORCEMENT
OPERATIONS HAVE NOT BEEN
HINDERED IN ANY WAY. THIS IS THE
FIRST OF ITS KIND POLICY IN THE
U S¼ THAT WOULD IMPROVE THE
INTEGRITY OF CALIFORNIA'S
CRIMINAL JUSTICE SYSTEM, AND IT
FOLLOWS RECOMMENDATIONS
IDENTIFIED IN THE YEAR 2000
REPORT BY THE DEPARTMENT OF
JUSTICE, INDICATING THAT ALL
SUBSTANCES TESTED SHOULD BE
SUBJECTED TO A MORE DEFINITIVE
EMANATION BY QUALIFIED
SCIENTISTS IN A PROPERLY
EQUIPPED CRIME LAB. WRONGFUL
ARRESTS ARE A NEEDLESS TRAGEDY
FOR INDIVIDUALS IMPACTED THEIR
FAMILIES AND COMMUNITIES. IN
ADDITION, THEY DO AN ENORMOUS
DISSERVICE. THANK YOU. THANK
YOU. PLEASE SUPPORT THIS BILL.
NEXT SPEAKER, TWO MINUTES. GOOD
MORNING, MADAM CHAIR AND MEMBERS
OF THE COMMITTEE. MY NAME IS DES
WALSH. AND I'M, THE FOUNDER OF
THE ROADSIDE DRUG TEST INNOCENCE
LINES AND PROUD TO BE A
COSPONSOR OF THIS BILL. I BECAME
INVOLVED IN THIS ISSUE SEVERAL
YEARS AGO WHEN I WROTE A REPORT
THAT IN TEXAS OVER 200 PEOPLE
HAD PLED GUILTY TO DRUG
POSSESSION BASED ON COLOR MERIC
FIELD DRUG TEST RESULTS WHEN
SUBSEQUENT LABORATORY TESTS
DETERMINED THAT THERE WAS NÓ
DRUG PRESENT AND THAT THOSE 200
PEOPLE WERE INNOCENT. TO MANY OF
US, IT WOULD SEEM IMPOSSIBLE TO
UNDERSTAND WHY HUNDREDS OF
INNOCENT PEOPLE WOULD PLEAD
GUILTY UNTIL YOU HEAR THE
STORIES OF WHY THEY DID. PERFECT
EXAMPLE IS AMY ALBRITTEN. AT THE
TIME OF HER ARREST. AMY WAS AT
43 YEAR OLD SINGLE MOM WITH A
DISABLED CHILD AND A RENTAL
APARTMENT MANAGER. SHE WAS
PULLED OVER ONE AFTERNOON FOR A
LANE CHANGE VIOLATION. DURING
HER TRAFFIC STOP. AN OFFICER
SPOTTED A WHITE CRUMB ON THE
FLOOR OF HER CAR, WHICH TESTED
POSITIVE ON A COLOR MERIC FIELD
DRUG TEST FOR COCAINE. HER
PUBLIC DEFENDER TOLD HER THAT A
CONVICTION COCAINE CARRIED A
SENTENCE OF UP TO TWO YEARS BUT
THAT THE PROSECUTOR WAS OFFERING
HER A 45 DAY PLEA DEAL OF WHICH
HE WOULD MOST LIKELY SERVE. ONLY
HALF SHE TOLD HIM SHE WAS
INNOCENT, BUT HE WAS UNCONVINCED
THE POLICE HAD FOUND COCAINE IN
HER CAR. THE COLOR MERIC FIELD
DRUG TEST CONFIRMED IT. AMY HAD
A JOB SHE NEEDED AND HER CHILD
TO TAKE CARE OF. SHE KNEW THE
COLOR MERIC TEST WAS WRONG, BUT
SHE COULD NOT RISK TWO YEARS IN
JAIL. SO IN DESPAIR, SHE AGREED
TO THE PLEA DEAL AT HER
ARRAIGNMENT THAT MORNING, SHE
MANAGED TO STOP CRYING JUST LONG
ENOUGH TO TELL THE JUDGE THAT
SHE WAS GUILTY. SADLY AMY'S CASE
IS NOT UNUSUAL COLOR MERIC FIELD
DRUG TESTS HAVE AN UNJUSTIFIED
LEVEL OF SCIENTIFIC CREDIBILITY
THAT RESULTS IN THOUSANDS OF
WRONGFUL CONVICTIONS IN
CALIFORNIA EACH YEAR. YET THEY
ARE INHERENTLY INACCURATE
BECAUSE THEY TEST ONLY FOR
CHEMICAL COMPOUNDS OF A NARCOTIC
THAT ARE ALSO FOUND IN OTHER
COMMON SUBSTANCES. AND THAT IS
WHY SUGAR SUGAR MINUTES THANK
YOU. THANK YOU. THANK YOU. UM,
CAN WE HAVE ME TOOS? NAME
ORGANIZATION. MELENDEZ WAS SMART
JUSTICE, CALIFORNIA AND ALSO FOR
INITIATE JUSTICE AND SUPPORT.
ALICE MIGHT ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION IN SUPPORT. DUKE
COONEY WITH THE A èC LU,
CALIFORNIA ACTION IN SUPPORT.
THANK YOU. JASMINE HARRIS WITH
THE CALIFORNIA INNOCENCE,
COALITION AND ROADSIDE DRUG
TESTS, INNOCENCE ALLIANCE AND
STRONG SUPPORT. ANTHONY
DIMARTINO WITH CALIFORNIANS FOR
SAFETY AND JUSTICE AND SUPPORT
CELIA ROGERS WITH THE ELLA BAKER
CENTER FOR HUMAN RIGHTS FROM
RICHMOND, CALIFORNIA STRONG
SUPPORT GOOD MORNING, EMILY
HARRIS WITH ELLA BAKER CENTER
FOR HUMAN RIGHTS AND STRONG
SUPPORT. IGNACIO HERNANDEZ ON
BEHALF OF THE CALIFORNIA
ATTORNEYS FOR CRIMINAL JUSTICE
AND SUPPORT ALICIA BENAVIDEZ ON
BEHALF OF SAN FRANCISCO, PUBLIC
DEFENDERS AND STRONG SUPPORT.
ALL RIGHT. DO WE HAVE ANY LEAD
OPPOSITION WITNESSES? YOU WILL
HAVE TWO MINUTES. THANK YOU,
MADAM CHAIR MEMBERS, RYAN
SHERMAN WITH THE CALIFORNIA
NARCOTIC OFFICERS ASSOCIATION
AND ALSO ON BEHALF OF THE OTHER
PEACE OFFICER. ASSOCIATIONS
PREVIOUSLY, UH, LISTED WE ARE
ALL IN STRONG OPPOSITION TO SB
912, WHICH PROHIBITS LAW
ENFORCEMENT AGENCIES FROM MAKING
ARRESTS ON THE BASIS OF THE
COLOR MERIC DRUG TESTS. CLASS OF
TESTS THAT NEARLY ALL BUT A
HANDFUL OF JURISDICTIONS USE IN
THE FIELD TO ASSESS WHETHER A
SUBSTANCE PURPORTS TO CONTAIN AN
ILLEGAL COMPOUND. THE QUATRO
CENTER REPORT. THAT WAS JUST
REFERENCED, UM, FOUND THAT ALL
DRUGS SUBMITTED FOR TESTING TO
THE CALIFORNIA DEPARTMENT OF
JUSTICE LABORATORIES RESULTED IN
A FALSE POSITIVE RATE. OF JUST
2.4. NOW, 2.4. THAT'S NOT. I
DON'T THINK YOU KNOW EXCESSIVE.
HOWEVER IT'S NOT PERFECT AND
COLOR. METRIC TESTS CAN BE CAN
BE USED, HOWEVER, TO IMMEDIATELY
EXONERATE A PERSON SUSPECTED A
POSSESSION OF A CONTROLLED
SUBSTANCE. MANUFACTURERS WHO
CREATE THESE PRODUCTS INDICATE
THAT THE PRESUMPTIVE
IDENTIFICATION IS GENERALLY
RECOGNIZED WITHIN OUR LEGAL
SYSTEM AS A COMPONENT OF
PROBABLE CAUSE, NOT THE
EXCLUSIVE ABILITY TO ESTABLISH
PROBABLE CAUSE. THERE'S NÓ DRUG
IDENTIFICATION SYSTEM PRESENTLY
IN USE, WHICH COMPLETELY
ELIMINATES THE OCCURRENCE OF
FALSE POSITIVES AND FALSE
NEGATIVES. A FORENSIC LABORATORY
IS REQUIRED TO QUALITATIVE AND
QUANTITATIVELY IDENTIFY THE
UNKNOWN SUBSTANCE COLOR METRIC
TESTS ARE PRESUMPTIVE TESTS ONLY
AND PROVIDE JUST ONE COMPONENT
IN DEVELOPING PROBABLE CAUSE FOR
ARREST. WHEN OFFICER DETAINS A
PERSON DISCOVERS A CONTROLLED
SUBSTANCE. MULTIPLE FACTORS ARE
USED FOR THE DEVELOPMENT OF
PROBABLE CAUSE FOR AN ARREST.
THOSE FACTORS INCLUDE THE
APPEARANCE OF THE SUSPECTED
SUBSTANCE PACKAGING. OF THE
SUBSTANCE, SELF ADMISSION OF
POSSESSION. AND IF THE SUBJECT
EXHIBITS OBJECTIVE SYMPTOMS OF
BEING UNDER THE INFLUENCE,
ETCETERA WITHOUT COLOR METRIC
TESTS. UH, LET ME SKIP, UM SOME
DEPARTMENTS HAVE MOVED AWAY FROM
THE TESTS. THEY DIDN'T DO SO
BASED ON THE RELIABILITY BUT DO
THE RISK AS WAS MENTIONED OF
EXPOSING OFFICER THANK YOU.
RESPECTFULLY REQUEST THE NOVO.
THANK YOU. TWO MINUTES. GOOD
MORNING. MY NAME IS JULIE DE
LEÓN. LIEUTENANT WITH THE
RIVERSIDE SHERIFF'S OFFICE.
REPRESENTING UH, SHERIFF CHAD
BIANCO IN OPPOSITION. IF THIS
BILL PASSES, IT WILL DO TWO
THINGS. NUMBER ONE. IT WILL TAKE
A TOOL AWAY A VALUABLE TOOL AWAY
FROM LAW ENFORCEMENT THAT HELPS
EXONERATE INNOCENT PEOPLE AND
NUMBER TWO. IT WILL FORCE US TO
PURCHASE EXTREMELY EXPENSIVE
EQUIPMENT TESTING EQUIPMENT TO
HELP US IDENTIFY OR RULE OUT
SUBSTANCES THAT ARE NOT ILLEGAL.
WE HAVE BEEN SLOWLY
TRANSITIONING TO WHAT'S CALLED A
TRUE NARC TEST, WHICH IS A
HANDHELD MACHINE THAT, UH UM IT
HAS A LASER, AND IT WAS ABLE TO
UM, TEST SUBSTANCES OUT IN THE
FIELD, HOWEVER, UH, THE CHEAPEST
OF THOSE MACHINES IS $32,000. WE
DID PURCHASE ABOUT 15 OF THOSE
ABOUT TWO YEARS AGO FOR SAFETY
REASONS NOT FOR NOT BECAUSE THE
COLOR METRIC TESTS WERE
UNRELIABLE. BUT WE DID PURCHASE
SOME OF THOSE AND WE OUTFITTED
OUR LARGER TASK FORCES, OUR
LARGER NARCOTICS TEAMS AND SOME
OF OUR BUSIEST STATIONS WITH ONE
OF THOSE, UM, HOWEVER, WE CAN
AFFORD TO BUY, UH, PURCHASE MORE
OF THESE, WE WOULD NEED AT LEAST
30 MORE. COMPLETELY OUTFIT ALL
OF OUR STATIONS, FACILITIES WITH
ONE OF THESE MACHINES, AND EVEN
IF WE DID BUY THESE, IT WOULD
NOT FILL THE VOID. UH, THAT ONLY
COLOR MERIC TESTS CAN FILL.
THESE MACHINES ARE NOT PRACTICAL
TO BE TAKEN OUT IN THE FIELD, UM
AND SUBJECT TO HARSH ELEMENTS OF
OUR DESERT COMMUNITIES. WE
PROVIDE MOST OF OUR SERVICES TO
DESERT COMMITTEES AND COACHELLA
VALLEY, WHICH IS VERY HOT DURING
THE SUMMER. THESE MACHINES ARE
VERY SUSCEPTIBLE TO DAMAGE AND
LOSS. THESE MACHINES THAT WE DO
HAVE OUT IN FEEL WE KEEP THEM AT
THE STATIONS BECAUSE IT IS A, UM
A RELATIVELY COOLER PLACE TO
KEEP THOSE STATIONS AND TO
PREVENT THOSE DAMAGES COLOR
METRIC TESTS ON THE OTHER HAND,
$5 EACH IF ONE OF THOSE GETS
DAMAGED THAT THAT WE TAKE A $5
HIT, BUT IT ALSO ALLOWS ALL OF
OUR DEPUTIES TO HAVE ONE OF
THOSE, UH UM, TESTS OUT IN THE
FIELD. UM FOR US TO USE HOW MUCH
HAS BEEN SAID ABOUT LAW
ENFORCEMENT USING TESTS
INAPPROPRIATELY DEVELOPED PRO
CAUSE I AM A NARCOTIC EXPERT.
I'VE TESTIFIED DOZENS OF TIMES
IN COURT AS A NARCOTICS EXPERT.
WE DO NOT USE THESE TESTS TO
DEVELOP PROBABLE CAUSE WE HAVE
WE DO THAT THROUGH OUR
INVESTIGATION. OUR INVESTIGATION
DETERMINES WE. WE LOOK AT
SEVERAL FACTORS THAT WE ALREADY
MENTIONED. AND THEN WE USE THAT
TEST SO WE CAN WE GET SUPPORT ME
TOO. I MEAN OPPOSITION ME TOOS.
HIM STONE STONE ADVOCACY ON
BEHALF OF THE CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION
IN RESPECTFUL OPPOSITION. THANK
YOU. DO WE HAVE ANY OTHERS?
NONE. ANY MEMBERS OF THE
COMMITTEE WOULD LIKE TO SPEAK. I
WOULD, UH, SENATOR SAYA. ALL
RIGHT. SO ONE OF MY ISSUES WITH
THIS IS WE ARE TAKING A TOOL
AWAY FROM LAW ENFORCEMENT. WE'VE
DONE A LOT OF THAT RECENTLY, UM
THE SPECTROMETER. WE HEARD
TESTIMONY THAT IT'S UNRELIABLE,
BUT IT'S 98% RELIABLE. NOT THE
SPECTROMETER. I'M SORRY. THE
COLOR METRIC TESTING. WHAT THIS
DOES ALLOW SOMEBODY IN THE
FIELD. TO QUICKLY TEST AND
ANALYZE. LET'S SAY, LET'S JUST
SAY, UH, MY MOTHER IN LAW CALLS
AND SAYS, HEY, I NEED FLOUR, BUT
I CAN'T GO AND I SO I TAKE SOME
OUT OF THE GOLD MEDAL BAG AND
PUT IT IN MY ZIPLOC BAG AND
THROW IT ON MY THING. I'M
ZIPPING OVER TO HER HOUSE. AND
THEY GOTTA GET PULLED OVER AND
THEY LOOK AT THAT BAG AND THEY
SAY, WHAT'S IN THE BAG? I TELL
THEM FLOUR. IF THEY WANT TO TEST
IT. I'M GOING TO SAY GO AHEAD
BECAUSE IT'S FLOUR. THE ONLY WAY
THAT TESTS POSITIVE FOR COCAINE
THROUGH COLOR METRIC TESTING. IS
IF IT'S BEEN, UH, CONTAMINATED.
WITH WITH COCAINE AND WHEN, WHEN
I HEAR THE STORY ABOUT THERE WAS
A SPECK ON THE FLOOR. WELL WHAT
WAS THE SPEC? IT DOESN'T MEAN IT
WASN'T COCAINE. IT JUST MEANS
THERE WAS A SPECK ON THE FLOOR.
SHE COULD HAVE HAD A PASSENGER
OR SOMETHING LIKE THAT. THAT HAD
SOME AND LEFT THIS RESIDUE AND,
UH THEN HER DEFENSE IS I WAS
UNAWARE THAT THAT AND THEY WOULD
HAVE A TOUGH TIME PROVING THAT
SO I'M I'M NOT QUITE SURE WHY
WE'RE TAKING AWAY A TOOL THAT
OFFICERS HAVE, BECAUSE IF THEY
DON'T HAVE THIS TOOL THE THEN
THEY'RE GONNA HAVE TO DEVELOP
THEIR PROBABLE CAUSE THROUGH
THEIR INTUITION AND THEIR
TRAINING TO SPOT PEOPLE AND
PACKAGES THAT LOOK LIKE THAT.
AND SO THAT SEEMS LESS RELIABLE
THAN DOING A 98% RELIABLE TEST
THAT WILL BE CONFIRMED WITH THE
SPECTROMETER ONCE THEY GET IN,
SO I I'M NOT QUITE SURE WHY.
THIS NEEDS TO GO OFFLINE. PRIOR
TO THE UM, DEVELOPMENT. AND THE
CHP IS A FIELD TESTING A LOT OF
THOSE THINGS RIGHT NOW. THEY'RE
JUST VERY EXPENSIVE. AND IT WAS
THEY THEY, UM, TESTING THAT THE,
UM THE LASER TESTING THAT THE
OFFICER WAS OR THE
REPRESENTATIVE WAS, UM,
REFERRING TO SO WHY ARE WE NOT?
WHY ARE WE TRYING TO TAKE
SOMETHING OFF LINE RIGHT NOW
THAT WILL EXONERATE PEOPLE. WHO
ARE CARRYING A BAG OF FLOUR OR A
BAG OF SUGAR. UM VERSUS SOMEBODY
WHO HAS DRUGS ON THEM AND NEEDS
TO BE REMOVED FROM REMOVED FROM
THE STREET. THAT THAT DRUG IS
GOING SOMEWHERE. ALL RIGHT,
SENATOR, WOULD YOU LIKE TO
RESPOND? SURE BECAUSE IT
THOUSANDS OF PEOPLE ARE GETTING
ARRESTED, EVEN THOUGH THEY DON'T
HAVE DRUGS. THAT'S WHY, UH,
BECAUSE THESE TESTS WERE NEVER
INTENDED TO BE IN ANY WAY
DEFINITIVE, AND YET THEY ARE
BEING USED AS A DEFINITIVE TOOL
NOT JUST AT HIS ARREST, BUT FOR
HAVING PEOPLE PLEAD GUILTY,
PLEAD GUILTY WHEN THERE WAS
NEVER A CONFIRMATORY TEST, AND
SO THAT'S WHY WE NEED TO DO
THIS. WE AGAIN WE'RE NOT BANNING
THESE TESTS. YOU CAN STILL DO IT
AS AN INITIAL SCREEN AND THEN DO
A CONFIRMATORY TEST. BUT YOU
CAN'T JUST RELY ON THIS, AND I
DON'T AGREE THAT IT'S NOT THE
CASE THAT IT WOULD THAT THE
FLOWER OR WHATEVER WOULD ONLY
TEST POSITIVE IT WAS
CONTAMINATED. THAT'S NOT THE
CASE. THERE ARE EXAMPLES OF THE
FOLLOWING SUBSTANCES TESTING
FALSELY POSITIVE COTTON CANDY,
POWDERED MILK, SUGAR LIDOCAINE,
FOLIC ACID. UH UH, BIRD FECES
AND EVEN A LOVED ONE'S ASHES. SO
THIS IS NOT ABOUT BEING IT'S
CONTAMINATED. TH THIS IS, UH,
THIS IS NEVER INTENDED TO BE A
DEFINITIVE TEST, AND YET IT IS
BEING USED AS ONE IN THE
CRIMINAL JUSTICE SYSTEM. I WOULD
DOUBT VERY MUCH THAT AN OFFICER
WOULD TEST THE REMAINS OF HUMAN
REMAINS OF SOMEBODY, SO I DON'T
KNOW HOW THEY, UH, HOW THEY COME
TO THAT CONCLUSION. I'M NOT
DONE. THANK YOU, CHAIR. UM SO
YOU KNOW, I. I APPRECIATE THAT.
WE WANT TO TAKE THIS AND
EXONERATE THOSE THOUSANDS OF
PEOPLE. IN ORDER FOR THERE TO BE
THOUSANDS. THAT MEANS THERE HAS
TO BE AT LEAST 50,000 PEOPLE
THAT GET ARRESTED FOR THIS AND
BECAUSE THAT'S THE 98% THAT'S
NOT BEEN THE CASE IN THE VARIOUS
DEPARTMENTS AND STATES THAT HAVE
GOTTEN RID OF THIS, INCLUDING
RED STATES, SO I THINK A BETTER
APPROACH WOULD BE TO REQUIRE
DEPARTMENTS IF THEY'RE NOT DOING
IT. AND THEY'RE DEVELOPING A
CASE TO ENSURE THAT THAT GETS
TESTED WITH A SPECTROMETER OR
BETTER, UM, IN A LAB, UH, TO
ENSURE THAT THAT'S WHAT IT IS
AND IF THEY DO REQUIRE, BECAUSE
YOU'RE SAYING SOME OF THEM ARE
CHOOSING NOT TO, AND THAT'S WHY
WE HAVE TO DO THIS. THAT'S WHAT
THE BILL DOES. IT REQUIRES
CONFIRMATORY TESTS. JUST IT. IT
SAYS THEY CAN'T USE IT FOR
PROBABLE CAUSE FOR ARREST. RIGHT
THEY HAVE. THEY CAN'T DO THAT
CONFIRMATORY TEST ON OUTSIDE IN
THE PUBLIC. LIKE THOSE THINGS
COST $50,000. YOU'D HAVE TO PUT
ONE IN EVERY EVERY PATROL CAR,
AND THAT'S BEYOND THE REACH OF
WHAT TAXPAYERS WISH TO PAY. SO
THERE IS A PROCESS THAT THEY CAN
GO THROUGH THE VERY FEW PEOPLE
THE 2% THAT DO GET CAUGHT AND
ARE ARE THERE'S A FALSE POSITIVE
WILL BE QUICKLY RECTIFIED WHEN
THEY GET DOWN TO THE POLICE
STATION, AND THEY RUN IT THROUGH
THE SPECTROMETER AND GO. HEY YOU
KNOW WHAT THIS SPECTROMETER SAYS
DIFFERENT YOU'RE OUT OF HERE
UNLESS THEY'RE HELD OVERNIGHT
AND THEIR KIDS ARE AT HOME AND
THIS WORK AND GOT FIRED OR
UNLESS THEY PLEAD GUILTY, WHICH
MANY OF THEM DO THEY SOLELY ON
THAT CALOR MERIC INACCURATE TEST
, SO THERE ARE REAL
RAMIFICATIONS HERE, I. I
UNDERSTAND. THANK YOU, BUT, UH,
ALL RIGHT, SO MOVING ON. DO WE
HAVE ANY OTHER COMMENTS FROM
MEMBERS SEEING NON SENATOR?
WOULD YOU LIKE TO CLOSE FOR AN I
VOTE? THANK YOU. CAN I GET A
MOTION? MOVED BY SENATOR
BRADFORD S¼ 912 MOTION IS DUE
PASS THROUGH APPROPRIATIONS WAH
WAH I SEYARTO NÓ SE RTO NÓ
BRADFORD BRADFORD I SKINNER
WIENER WIENER. I, SENATOR. I
THAT GOES OUT THAT BILL IS OUT 4
TO 1. I'D LIKE TO LIFT THE CALL.
MEN S¼ B 965. THE CURRENT VOTE
IS 3 TO 0 SEYARTO SEYARTO A
WIENER. WEENER I THOSE BILL IS
OUT. 5050 S¼ B 899 SKINNER
MOTION IS DUE PASS TO JUDICIARY.
CURRENT VOTE IS THREE TO ZERO
SEYARTO SEYARTO I WIENER WIENER
I WHAT'S THAT BILLS OUT. 5 TO 0.
THAT'S BEEN 987 MENJIVAR.
CURRENT VOTE IS 2 TO 0 SEYARTO.
I SEAR I RADFORD BRADFORD, I
WIENER WIENER I THAT BILL IS OUT
5 TO 0. S¼ B 982. A MOTION IS
DUE PASS TO APPROPRIATIONS.
CURRENT VOTE IS THREE TO ZERO.
SEYARTO SEAR I WIENER WIENER I
THAT BILL IS OUT 5 TO 0. THANK
YOU. THE PUBLIC SAFETY COMMITTEE
HEARING IS ADJOURNED.