THE SENATE COMMITTEE
ON PUBLIC SAFETY WILL BEGIN, I
JUST WANT TO MAKE SURE THAT WE
KNOW A COUPLE OF THINGS. ONE,
WE'RE MEETING IN ROOM 2200. I
WOULD LIKE TO CALL A ROLL,
PLEASE. WAHAB HERE. BOB HERE.
SATO HERE. SATO HERE. BRADFORD
SKINNER. SKINNER. HERE. WIENER
ALL RIGHT, WE HAVE QUORUM. I DO
JUST WANT TO GIVE A COUPLE OF
ANNOUNCEMENTS. WE HAD 14 BILLS
ON THIS CALENDAR WITH THREE ON
CONSENT. SB 1381 BY SENATOR
MCGUIRE, SB 1489 BY SENATOR
MCGUIRE, AND SB 1473 BY SENATOR
LAIRD. I ALSO WOULD LIKE TO SAY
THAT SB 894 BY SENATOR MIN. SB
1392 BY SENATOR STERN, AND SB
1400 BY SENATOR STERN ARE PULLED
FROM TODAY'S COMMITTEE. SO THAT
MAKES EIGHT BILLS. WE WILL HEAR
TESTIMONY ON, I'M GOING TO CALL
THE FIRST BILL BY SENATOR MIN.
GIVE ME TWO SECONDS, SB 1126.
SENATOR AND AGAIN,
ANNOUNCEMENTS. WITNESSES AS WELL
AS ME TWOS WILL BE SPEAKING AT
THAT LECTERN, LEAD WITNESSES
WILL HAVE TWO MINUTES, WE'D LIKE
TO MOVE THIS PRETTY QUICKLY.
OTHER THAN THAT, SENATOR, THE
FLOOR IS YOURS, THANK YOU, MADAM
CHAIR AND COMMITTEE MEMBERS, SB
1126 WOULD CLARIFY THAT MANDATED
REPORTERS OF CHILD ABUSE AND
NEGLECT WOULD NOT BE REQUIRED TO
REPORT ON THE BASIS THAT A CHILD
HAS WITNESSED OR BEEN PRESENT
DURING A DOMESTIC VIOLENCE
INCIDENT. CURRENTLY IN
CALIFORNIA, WHEN A CHILD
WITNESSING OR BEING PRESENT
DURING A DV INCIDENT COMES TO
THE ATTENTION OF MANDATED
REPORTERS, THEY BELIEVE THEY
MUST REPORT THE SURVIVOR PARENT
TO CHILD WELFARE AUTHORITIES.
SURVIVORS OF DOMESTIC VIOLENCE
ARE REPORTED EVEN WHEN THEY ARE
THE ONES SEEKING HELP. ONCE
REPORTED, SURVIVOR PARENTS AND
THEIR CHILDREN ARE SUBJECTED TO
THE KNOWN STRESSES AND TRAUMA OF
INVESTIGATION, INCLUDING THE
THREAT OF SEPARATION. THEY ARE
THEN POTENTIALLY SEPARATED FROM
THEIR CHILDREN AND CHARGED WITH
NEGLECT FOR FAILING TO PROTECT
THEIR CHILDREN FROM WITNESSING
DOMESTIC VIOLENCE. AS A RESULT,
AND PERVERSELY, SURVIVOR
PARENTS, INCLUDING THOSE WHO ARE
VICTIMS, QUOTE UNQUOTE, UNDER
CRIMINAL LAWS, CAN HAVE THEIR
CHILDREN TAKEN FROM THEM,
INCLUDING AS A RESULT OF THEIR
EFFORTS TO TRY TO SEEK AND
RECEIVE SUPPORT. RESEARCH HAS
MADE CLEAR THAT KEEPING SURVIVOR
PARENTS AND THEIR CHILDREN
TOGETHER WITH ACCESS TO SUPPORT
AND SERVICES, IS THE MOST
EFFECTIVE WAY TO TRY TO BREAK
THE CYCLE OF DOMESTIC VIOLENCE
AND TO HELP CHILDREN WHO WITNESS
DOMESTIC VIOLENCE IN CONTRAST,
THOSE SAME STUDIES SHOW THAT
SEPARATING CHILDREN WHO WITNESS
DV FROM THEIR SURVIVOR PARENTS
CAN CAUSE MORE LONG TERME HARM
TO THE CHILD STATE. SEPARATION
OF CHILDREN FROM A PARENT, AND
PLACEMENT OF THE CHILD IN THE
CHILD WELFARE SYSTEM HAS BEEN
SHOWN TO BE PERHAPS THE MOST
SIGNIFICANT PREDICTOR OF
EMOTIONAL AND BEHAVIORAL
PROBLEMS IN CHILDHOOD. TODAY, I
HAVE WITH ME TWO WITNESSES
DOCTOR RACHEL ROBERTS, ASSOCIATE
CLINICAL PROFESSOR IN THE UC
DAVIS DEPARTMENT OF PSYCHIATRY
AND BEHAVIORAL SCIENCES AND THE
MEDICAL DIRECTOR OF TURNING
POINT COMMUNITY PROGRAMS, MENTAL
HEALTH URGENT CARE CLINIC, AS
WELL AS MARIA NEMBHARD POLICY
AND COMMUNITY ADVOCATE AT THE
GENESIS CENTER, TO TESTIFY IN
SUPPORT OF SB 1126. THANK YOU.
IF YOU CAN APPROACH THE LECTERN
AND YOU WILL HAVE TWO MINUTES,
MEMBERS OF THE SENATE COMMITTEE
ON PUBLIC SAFETY. MY NAME IS
DOCTOR RACHEL ROBERTS. I AM AN
ASSOCIATE PROFESSOR OF
PSYCHIATRY AT UC DAVIS AND A
PHYSICIAN DOUBLE BOARDED IN
FAMILY MEDICINE AND PSYCHIATRY
WHO HAS PROVIDED CARE TO
COUNTLESS PARENTS AND CHILDREN
WHO HAVE BEEN IMPACTED BY
DOMESTIC VIOLENCE IN THE CHILD
WELFARE SYSTEM. I AM SPEAKING ON
BEHALF OF MYSELF, NOT MY
EMPLOYER. AS A RESIDENT
PHYSICIAN, I WAS TRAINED THAT IF
A CHILD WITNESSES ANY DOMESTIC
VIOLENCE, I WAS MANDATED TO CALL
CHILD WELFARE. OTHER MANDATED
REPORTERS BECAUSE OF A LACK OF
CLARITY IN THE LAW, DO NOT
RECEIVE ANY INSTRUCTION ON WHAT
TO DO IN THIS SITUATION AT ALL.
MY OWN TRAINING DIDN'T LEAVE ANY
ROOM FOR THE GRAY THAT EXISTS.
IN SOME OF THE CASES I'VE SEEN
CLINICALLY LEAVING ME IN A
POSITION WHERE IT FELT LIKE MY
MANDATED REPORTING OBLIGATIONS
CONFLICTED WITH WHAT I
UNDERSTOOD TO BE IN THE BEST
INTEREST OF MY PATIENTS AND
THEIR CHILDREN. THE RELATIONSHIP
BETWEEN A CHILD AND A LOVING AND
SUPPORTIVE PARENT IS ONE OF THE
MOST CRUCIAL BUILDING BLOCKS TO
THE HEALTHY DEVELOPMENT OF
CHILDREN. RESEARCH SHOWS US THAT
SEPARATING A CHILD FROM A LOVING
AND SUPPORTIVE PARENT DISRUPTS A
CRUCIAL ATTACHMENT, RESULTING IN
AN ADVERSE CHILDHOOD EXPERIENCE
WITH MANY DOWNSTREAM LIFELONG
PHYSICAL AND BEHAVIORAL HEALTH
IMPACTS. WHILE I RECOGNIZE THAT
WITNESSING DV IS ALSO AN ADVERSE
CHILDHOOD EXPERIENCE, WE
COMPOUND THE HARM TO THE CHILD
WHEN WE ADD A SECOND ADVERSE
EXPERIENCE BY REMOVING THE CHILD
FROM THEIR PROTECTIVE PARENT.
BEYOND THE IMPACTS ON CHILDREN,
OUR CURRENT APPROACH TO MANDATED
REPORTING IMPACTS THE HEALTH AND
WELL-BEING OF SURVIVORS OF DV.
SURVIVORS HAVE REPORTED
HESITANCY TO SEEK MEDICAL
TREATMENT DUE TO CONCERNS ABOUT
MANDATORY MANDATED REPORTING, IN
PARTICULARLY ABOUT THE POTENTIAL
FOR CPS TO INVESTIGATE THEM AND
POTENTIALLY SEPARATE THEM FROM
THEIR CHILDREN WHEN THEY ARE NOT
ABLE TO COME INTO MY OFFICE
BECAUSE OF THEIR FEARS, I AM NOT
ONLY UNABLE TO CARE FOR THEM
MEDICALLY, BUT I AM UNABLE TO
HAVE OPEN CONVERSATIONS WITH
THEM ABOUT THE VIOLENCE THEY ARE
EXPERIENCING AND AM UNABLE TO
CONNECT THEM TO SERVICES, WHICH
WILL IN TURN HELP THEM LEAVE AN
ABUSIVE RELATIONSHIP.
ULTIMATELY, MY INABILITY TO
CONNECT THEM TO RESOURCES FOR
THE VIOLENCE THEIR EXPERIENCING
LEADS TO FURTHER ABUSE AND
FURTHER ADVERSE CHILDHOOD
EXPERIENCES FOR THEIR CHILDREN.
IN MEDICINE, WE FOCUS ON
ACHIEVING HEALTH EQUITY, AND I
FIRMLY BELIEVE THAT SB 1126 IS A
STEP IN THE DIRECTION OF
ACHIEVING HEALTH EQUITY FOR BOTH
SURVIVORS OF DOMESTIC VIOLENCE
AND THEIR CHILDREN. MANDATE
REPORTING HAS DIFFERING IMPACTS
DEPENDING ON THE POPULATION,
WITH CALIFORNIA BLACK AND NATIVE
AMERICAN YOUTH BEING
OVERREPRESENTED IN THE CHILD
WELFARE SYSTEM. THESE
DIFFERENTIAL IMPACTS HAVE
DOWNSTREAM EFFECTS AND FURTHER
CONTRIBUTE TO HEALTH INEQUITIES.
THANK YOU SO MUCH FOR YOUR TIME
AND THOUGHTFULNESS ABOUT THE
COMPLEXITIES OF THIS ISSUE. AS A
MOTHER AND AS A PHYSICIAN, I AM
ASKING THAT YOU SUPPORT SB 1126.
THANK YOU. NEXT PUBLIC SAFETY
COMMITTEE MEMBERS, THANK YOU FOR
THE OPPORTUNITY TO SPEAK WITH
YOU TODAY. I'M MARIA NEMBHARD,
POLICY AND COMMUNITY ADVOCATE AT
GENESIS CENTER, A DOMESTIC
VIOLENCE INTERVENTION AND
PREVENTION PROGRAM IN SOUTH LOS
ANGELES FOUNDED BY FIVE BLACK
WOMEN OVER 43 YEARS AGO WITH A
FOCUS ON THE UNDERSERVED,
UNDERSERVED COMMUNITY OFFERING
COMPREHENSIVE, CULTURALLY
SPECIFIC PROGRAMS, INCLUDING
SHELTER, COUNSELING, DIRECT
LEGAL SERVICES, PERMANENT
HOUSING ASSISTANCE, WORKFORCE
DEVELOPMENT, AND HEALTH CARE
ADVOCACY TO MORE THAN 1300
SURVIVORS EACH YEAR. I'M HERE TO
STRONGLY SUPPORT SB 1126, A BILL
AMENDMENT THAT REPRESENTS AN
IMPORTANT STEP FORWARD IN
STEMMING THE RAMPANT REFERRAL OF
DV SURVIVORS AND THEIR CHILDREN
TO THE CHILD WELFARE SYSTEM BY
CLARIFYING THAT A CHILD
WITNESSING DOMESTIC VIOLENCE
DOES NOT REQUIRE A MANDATED
REPORTER TO REPORT CHILD ABUSE
OR NEGLECT AS SPECIFIED, MEANING
THAT ON ITS OWN, THE PRESENCE OF
DOMESTIC VIOLENCE IN THE HOME
AND A CHILD WITNESSING THEIR
PROTECTIVE PARENT BEING
SUBJECTED TO VIOLENCE IS NOT IN
AND OF ITSELF ENOUGH TO REQUIRE
A MANDATED REPORT AND TRAUMATIC
CHILD PROTECTIVE SERVICES
INVESTIGATION THAT COULD RESULT
IN THE SEPARATION OF A CHILD
FROM THEIR SURVIVOR PARENT. THE
LAW, AS CURRENTLY WRITTEN,
RESULTS IN THOUSANDS OF
REFLEXIVE AND THOUGHTLESS
MANDATED REPORTS OF SURVIVOR
PARENTS TO CPS UNDER THE EXACT
CIRCUMSTANCES DESCRIBED ABOVE,
CREATING A CHILLING AND
SURVIVORS WILLINGNESS AND
ABILITY TO SEEK THE SERVICES AND
SUPPORT NEEDED TO ESCAPE ABUSE.
IT IS TRAGICALLY IRONIC THAT THE
MOMENT A SURVIVOR FINDS THE
COURAGE AND STRENGTH TO SEEK
HELP FROM A MEDICAL PROVIDER,
COUNSELOR, TEACHER OR POLICE
OFFICER, THEY ARE USHERED INTO A
SYSTEM THAT MAY REMOVE THEIR
CHILDREN FROM THEIR CARE. IN
THIS CONTEXT, MANDATED REPORTING
DOES NOT INCREASE CHILD SAFETY.
ON THE CONTRARY, THE FEAR OF
BEING REPORTED CAUSES MANY
SURVIVORS TO AVOID SEEKING HELP
FROM ENTITIES THEY FEAR WILL
REFER THEM TO CPS. THIS IS
PARTICULARLY TRUE FOR SURVIVORS
OF COLOR, WHO OFTEN STRUGGLE
WITH HISTORIC, SYSTEMIC BETRAYAL
AND SYSTEM DISTRUST, AND ARE ALL
TOO AWARE THAT BLACK, BROWN, AND
NATIVE AMERICAN CHILDREN ARE
OVERREPRESENTED IN THE CHILD
WELFARE SYSTEM. THANK YOU.
APPRECIATE IT. DO WE HAVE ANY
OTHER ME TWOS IN SUPPORT? PLEASE
STATE YOUR NAME, YOUR ORG AND
THAT YOU SUPPORT. GOOD MORNING
MARK. OH GEORGE, ON BEHALF OF
THE CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND SUPPORT. ANNIE
THOMAS ON BEHALF OF THE
CALIFORNIA ALLIANCE OF CHILD AND
FAMILY SERVICES AND SUPPORT.
GOOD MORNING, SALLY XING WITH
THE ALLIANCE FOR BOYS AND MEN OF
COLOR IN SUPPORT. I'LL ALSO BE
READING ON BEHALF OF SEVERAL
ORGANIZATIONS IN SUPPORT, IF
THAT'S OKAY, THE CALIFORNIA
PARTNERSHIP TO END DOMESTIC
VIOLENCE FAMILY VIOLENCE
APPELLATE PROJECT, FUTURES
WITHOUT VIOLENCE, PUBLIC
COUNSEL, UC IRVINE DOMESTIC
VIOLENCE LAW CLINIC, CAMINAR
LATINO, WE'VE WESTERN CENTER ON
LAW AND POVERTY, CALIFORNIA
ALLIANCE OF CAREGIVERS, AAPI
EQUITY ALLIANCE, CASA OF LOS
ANGELES, CHILDREN'S LAW CENTER
OF CALIFORNIA, LEGAL AID
FOUNDATION OF LOS ANGELES,
PROJECT SANCTUARY, REIMAGINE AND
CHILD SAFETY COALITION, LUMINA
ALLIANCE, HEALTHY ALTERNATIVES
TO VIOLENT ENVIRONMENTS, AND LOS
ANGELES DEPENDENCY LAWYERS.
THANK YOU. THANK YOU, SEEING NO
OTHER ME TWOS, DO WE HAVE ANY
OPPOSITION LEAD WITNESSES? YOU
WILL HAVE TWO MINUTES. GOOD
MORNING. MY NAME IS EILEEN
KUBINSKI. I'M WITH THE COUNTY
WELFARE DIRECTORS ASSOCIATION
AND IS WITH SOME REGRET THAT I
STAND HERE BEFORE YOU TODAY IN
OPPOSITION TO THIS BILL AT THIS
TIME, THE MANDATED REPORTER
SYSTEM AT ITS HEART DOES
FUNDAMENTALLY, IT'S WELL
INTENTIONED. IT IS INTENDED TO
PROTECT THE SAFETY AND
WELL-BEING OF CHILDREN. BUT WE
KNOW AS WE'VE HEARD FROM
TESTIMONY, THAT IT IS A
CONFUSING SYSTEM AND IT'S
IMPERFECT, IT IS, DEFINITELY ONE
THAT IS IN NEED OF REFORM. WE
ARE SUPPORTIVE OF EFFORTS THAT
THE CHILD WELFARE COUNCIL WITHIN
THE HEALTH AND HUMAN SERVICES
AGENCY IS UNDERTAKING RIGHT NOW
TO ACTUALLY LOOK AT THE MANDATED
REPORTER SYSTEM MORE
HOLISTICALLY, THEY HAVE CREATED
A MANDATED REPORTING TO
COMMUNITY SUPPORT TASK FORCE.
AND THE GOAL OF THAT TASK FORCE,
OF WHICH WE ARE A MEMBER, IS TO
SAFELY NARROW THAT FRONT DOOR TO
CHILD WELFARE, AT THE SAME TIME,
DIRECTLY SUPPORTING FAMILIES
WITH THE RIGHT SERVICES AT THE
RIGHT TIME, FIGURING OUT HOW WE
PREVENT REPORTING AND ENTRIES
INTO CHILD WELFARE IN THE FIRST
PLACE, WHILE STILL ENSURING THAT
WE HAVE A REPORTING SYSTEM THAT
IS SUFFICIENT ENOUGH TO ENSURE
THAT CHILDREN WHO ARE ABUSED AND
NEGLECT ARE, ARE ENABLED TO BE
SERVED BY THE SYSTEM, SO IN THE
ABSENCE OF THAT TASK FORCE
RECOMMENDATIONS, WHICH ARE DUE
THIS SUMMER, WE HAVE CONCERNS
ABOUT DOING THESE REFORMS ON A
PIECEMEAL BASIS. IN PARTICULAR,
IN THIS SITUATION, THERE IS NO
TRAINING OR EDUCATION REQUIRED
OR PROVIDED BY THE BILL. AND WE
DON'T THINK THAT WITHOUT WITHOUT
THAT, THAT WE ARE GOING TO
CONTINUE TO PERPETUATE SOME OF
THE CONFUSIONS IN THE SYSTEM
AROUND MANDATED REPORTING IN
THIS SITUATION. SO WE ARE
ABSOLUTELY SUPPORTIVE OF REFORMS
TO THIS, BUT WE DO WANT TO SEE
THE HOLISTIC RECOMMENDATIONS OF
THAT TASK FORCE AND CONSIDER
THESE REFORMS IN THAT CONTEXT.
THANK YOU. THANK YOU. DO WE HAVE
ANY OTHER OPPOSITION WITNESSES?
HELLO, LIEUTENANT JULIO LEÓN
FROM THE RIVERSIDE COUNTY
SHERIFF'S OFFICE. I DON'T SEE
ANYBODY ELSE IN OPPOSITION, SO
I'LL JUST MAKE A FEW COMMENTS
HERE, WE DO AGREE THAT IT IS BAD
POLICY TO TAKE CHILDREN AWAY
FROM SURVIVING PARENTS. HOWEVER,
I THINK THAT THIS BILL SHOULD
SHOULD MIRROR OUR POLICIES,
WHICH IS 13,700 PC, WHICH,
REQUIRES OUR PEACE OFFICERS ON
SCENE TO DIFFERENTIATE WHO THE
DOMINANT AGGRESSOR IS AND ARREST
THE DOMINANT AGGRESSOR AND NOT
BOTH PARENTS. BECAUSE WHEN WE
ARREST BOTH PARENTS, WHICH IS
STRONGLY DISCOURAGED BY THE
PENAL CODE, THEN AT THAT POINT
WE MAKE THAT RECOMMENDATION TO
CPS, WHERE THEN THE CPS THEN
TAKES THE CHILD AWAY BECAUSE OF
A DANGEROUS SITUATION AT HOME.
BUT IT IS OUR JOB AND WE BELIEVE
THAT IT SHOULD BE CPS JOB AS
WELL. AND THIS BILL SHOULD ALSO
RECOMMEND THAT THE TRAINING
COMPONENT SHOULD BE THERE. WHERE
A SOCIAL SERVICE AGENCY SHOULD
MAKE THAT DETERMINATION AS WELL,
JUST LIKE WE DO TO AVOID,
ARRESTING BOTH PARENTS OR TAKING
BOTH PARENTS AWAY. SO THAT ONE
CHILD CAN STAY AT HOME WITH THE
SURVIVOR PARENT OR TO, HAVE THAT
CHILD PLACED WITH A, FAMILY
MEMBER. THANK YOU. THANK YOU,
ANY OTHER OPPOSITION WITNESSES?
SEEING NONE. WE'LL MOVE THE
CONVERSATION TO COMMITTEE
MEMBERS. SENATOR SALADO, THANK
YOU, REAL QUICK QUESTION ON THE,
COMMENTS BY THE OPPOSITION ABOUT
THE TASK FORCE. TASK FORCE? WHY
NOT WAIT UNTIL WE HAVE THAT IN
HAND SO THAT WE DON'T MAKE A LAW
THAT THEN WE HAVE TO FIX AGAIN
LATER ON? I WILL, REFER TO MY
WITNESSES HERE AND LET THEM
ANSWER THE QUESTION, BUT JUST I
THINK TO PREFACE IT, WE ALL HAVE
SEEN EXAMPLES OF WAITING FOR
TASK FORCE RECOMMENDATIONS, BUT
WE KNOW, YOU KNOW, AND SOMETIMES
THOSE THOSE MAY COME TIMELY.
THEY MAY ADDRESS THIS ISSUE.
THEY MAY NOT. BUT THIS
PARTICULAR FIX IS ONE THAT I
KNOW IS WELL DOCUMENTED AS BEING
A GOOD ONE. AND JUST TO ADDRESS
THE COMMENTS MADE BY THE OTHER
WITNESS, I DON'T BELIEVE THIS
HAS TO DO WITH ARREST. THIS IS
AROUND MANDATORY REPORTING AND
SIMPLY CLARIFIES THAT WHAT MANY
BELIEVE IS ALREADY THE LAW, THAT
THAT IT IS NOT REQUIRED TO
REPORT SOLELY ON THE BASIS OF A
WITNESS OR BEING PRESENT DURING
A DOMESTIC VIOLENCE INCIDENT.
AND WE KNOW THIS IS A PROBLEM.
SO REGARDLESS OF WHAT THE
RECOMMENDATIONS COME BACK AS, I
THINK THIS PARTICULAR PIECE IS
WELL SUPPORTED BY THE EVIDENCE,
BUT I WOULD REFER TO DOCTOR
ROBERTS TO ANSWER THAT QUESTION.
YES. NO, I WOULD AGREE. AND I
WOULD ALSO SAY THAT HARM IS
CURRENTLY BEING DONE. AND SO
THIS IS SOMETHING THAT WE NEED
TO ACT ON NOW AS OPPOSED TO
WAITING UNTIL THE
RECOMMENDATIONS COME BACK. AND I
CAN'T IMAGINE THAT THE
RECOMMENDATIONS, I DON'T KNOW,
I'M NOT A PART OF THAT TASK
FORCE OR COMMITTEE, BUT THIS IS
SOMETHING THAT WE KNOW IS IN THE
BEST INTEREST OF CHILDREN AND
FAMILIES. AND ONE MORE YEAR OF
DELAY COULD RESULT IN, YOU KNOW,
WHO KNOWS HOW MANY FAMILIES
BEING TORN APART, HOW MANY
CHILDREN BEING PUT IN FOSTER
CARE. OKAY I'VE BEEN A MANDATORY
REPORTER SINCE I. BEFORE I
RETIRED TEN YEARS AGO. SO THIS
IS BEEN GOING ON FOR TEN YEARS.
THERE'S A LOT OF REFORMS THAT
NEED TO BE DONE. AND AGAIN, I
KIND OF GO BACK TO WE FINALLY
HAVE GOTTEN TO THE POINT WHERE
WE'RE GOING TO TRY TO FIGURE OUT
WHAT'S REALLY WRONG WITH THE
PROGRAM, BECAUSE THERE'S A LOT
WRONG WITH IT, AND THEY'RE GOING
TO COME OUT WITH SOME
RECOMMENDATIONS TO FIX IT, AND
I'D RATHER HAVE IT ALL FIXED IN
ONE. SO I'LL BE LAYING OFF THE
BILL TODAY BECAUSE I PREFER THAT
APPROACH THAN THE PIECEMEAL
APPROACH, THAT, YOU KNOW, THIS
AND PROBABLY OTHER BILLS ARE
GOING TO BE TAKING WHEN WE HAVE
SOMETHING ON THE HORIZON, ON THE
SHORT HORIZON TO, TO ADDRESS IT.
I APPRECIATE THAT AND THANK YOU,
SENATOR SKINNER. THANK YOU. I
MOVE THE BILL. THANK YOU,
SENATOR MINH, WOULD YOU LIKE TO
CLOSE? I RESPECTFULLY ASK FOR
YOUR I VOTE. THANK YOU. WE HAVE
A MOTION BY SENATOR SKINNER. SB
1126 MOTION IS DUE PASSED TO THE
FLOOR. I HAVE I SATO VOTING SATO
NOT VOTING. BRADFORD. BRADFORD.
AYE. SKINNER. SKINNER. AYE.
WIENER THANK YOU. MEMBERS. THAT
MOTIONS ON CALLER. THAT BILLS ON
CALL, CAN I GET A MOTION FOR THE
CONSENT CALENDAR AGAIN? OKAY.
MOVED BY SENATOR BRADFORD AGAIN.
IT'S SB 1381 BY MCGUIRE. SB 1489
BY MCGUIRE AND SB 1473 BY
SENATOR LAIRD WAHAB Ã WAHAB AYE
SATO AYE. SATO. AYE. BRADFORD.
BRADFORD. AYE. SKINNER SKINNER.
AYE. WIENER ALL RIGHT. THAT
THOSE BILLS ARE ON CALLER
CONSENT ON CALL, SENATOR
PORTANTINO, WOULD YOU LIKE TO
PRESENT THAT SB 1128?
AND SO THAT'S GOING. THANK YOU,
MADAM CHAIR, I PROCEED. YES. ALL
RIGHT. THANK YOU, MADAM CHAIR
AND COMMITTEE MEMBERS, SB 1128
WILL REQUIRE TIER ONE SEX
OFFENDER REGISTRY IF AN OFFENDER
ENGAGES IN UNLAWFUL. LET ME SAY
THIS UNLAWFUL SEXUAL INTERCOURSE
WITH A MINOR. WE'RE TALKING
ABOUT YOUNG GIRLS. AND THE
OFFENDER IS MORE THAN TEN YEARS
OLDER THAN THAT MINOR. FAILING
TO REQUIRE REGISTRATION FOR
OFFENDERS, ENGAGING IN THE
UNLAWFUL SEXUAL INTERCOURSE OF A
MINOR IS INEXPLICABLE. THIS
UNDERCUTS EFFORTS TO PREVENT THE
SEXUAL EXPLOITATION AND
TRAFFICKING OF CHILDREN
THROUGHOUT OUR COMMUNITIES.
EXISTING LAW REQUIRES SEX
OFFENDER REGISTRATION FOR ORAL
COPULATION, DIGITAL PENETRATION
IF THE OFFENDER IS MORE THAN TEN
YEARS OLDER, BUT NOT FOR SEXUAL
INTERCOURSE. BUT CURRENT LAW
DOES NOT REQUIRE REGISTRATION
FOR THOSE OFFENDERS WITH A MINOR
, IRRESPECTIVE OF AGE.
DIFFERENCES BETWEEN THE MINOR
AND THE OFFENDER. MANY MINORS
ENGAGING IN THESE RELATIONSHIPS
ARE EXPLOITED, MANIPULATED AND
FALL VICTIM TO TRAFFICKING AND
OTHER TYPES OF ABUSE. THE VAST
MAJORITY OF VICTIMS COME FROM
MARGINALIZED COMMUNITIES AND
FRANKLY, MOST OF THEM ARE PEOPLE
OF COLOR WHO ARE THE MOST
VULNERABLE. AND HUMAN
TRAFFICKING IS $150 BILLION A
YEAR GLOBAL INDUSTRY. AND OVER
24,000 VICTIMS HAVE BEEN
IDENTIFIED IN CALIFORNIA.
CALIFORNIA CONSISTENTLY RANKS
NUMBER ONE IN THE NATION FOR
REPORTED HUMAN TRAFFICKING
CASES. THAT IS NOT A STATISTIC.
WE WANT TO BE AT THE TOP OF THE
LIST OF SB 1128 IS ESSENTIAL TO
PROTECTING VULNERABLE YOUTH AND
WE'RE HOLDING SEXUAL OFFENDERS
ACCOUNTABLE. WE ARE GOING TO
AMEND THE BILL TO MAKE IT TIER
ONE. I BELIEVE PROCEDURALLY WILL
COME AS IF IT PASSES THE
COMMITTEE. YOU'LL MAKE THOSE
AMENDMENTS, I GUESS AS COMMITTEE
AMENDMENTS. SO IT WILL BE Dð
PASS AS AMENDED, AND COMMITTEE
STAFF WILL MAKE THOSE
AMENDMENTS. GREAT. THANK YOU,
WITH ME TODAY, I HAVE LA CITY
ATTORNEY HEIDI FELDSTEIN. SOTO I
HAVE LAPD DEPUTY CHIEF AMADA
TINGIRIDES, AND I HAVE DEPUTY
CITY ATTORNEY LARA DREVNO WHO IS
HERE FOR TECHNICAL SUPPORT. SHE
IS THE HEAD OF THE CHILDREN
EXPOSED TO VIOLENCE TASK FORCE.
SO I HAVE TWO PRIMARY WITNESSES
AND ONE WITNESS FOR TECHNICAL
SUPPORT. AND I BELIEVE WE HAVE
SOME ME TWOS AS WELL. SO WITH
THAT, WHEN APPROPRIATELY
OBVIOUSLY I WANT AN AYE VOTE.
AND I WOULD LOVE YOU TO HEAR
FROM MY WITNESSES. THANK YOU.
YOU WILL HAVE TWO MINUTES. IF
YOU CAN APPROACH THE LECTERN.
YOU WILL BE TIMED. THANK YOU. I
HAVE ONE QUESTION. IF I TAKE
LESS THAN TWO MINUTES, MAY I
YIELD TO DEPUTY CHIEF AMANDA
TANGREDI? NO, SHE'LL HAVE TWO
MINUTES AS WELL. OKAY. THANK YOU
SO MUCH, GOOD MORNING, MEMBERS
AND STAFF OF THE PUBLIC SAFETY
COMMITTEE. I APPRECIATE YOUR
TIME THIS MORNING. MY NAME IS
HEIDI FELDSTEIN. SOTO AND I AM
THE ELECTED CITY ATTORNEY FOR
THE CITY OF LOS ANGELES, I HAVE
A COUPLE OF QUICK TECHNICAL
CORRECTIONS THIS THE STATEMENT
SAYS THAT THIS IS MY OFFICE. IT
SUPPORTS THE BILL. IN FACT, CITY
COUNCIL UNANIMOUSLY PASSED THIS
BILL, AND IT WAS SIGNED BY MAYOR
KAREN BASS AS SUPPORT FOR THE
CITY OF L.A. SO I CAN TELL YOU
THAT THE BILL IS UNANIMOUSLY
SUPPORTED BY OUR CITY COUNCIL,
BY OUR MAYOR'S OFFICE, BY MY
OFFICE, AND THEREFORE BY THE
CITY OF LOS ANGELES. I ALSO
WOULD LIKE TO CORRECT ONE
STATEMENT MADE IN THE BY THE
OPPOSITION THAT THE MAJORITY OF
THE PEOPLE AFFECTED BY THIS BILL
ARE YOUTH. THAT IS NOT ACCURATE.
FROM OUR EXPERIENCE, THE
MAJORITY OF THE PEOPLE THAT
WOULD BE AFFECTED BY THIS BILL
ARE MIDDLE AGED, PRIMARILY WHITE
AND HISPANIC MEN WHO ARE EITHER
TRAFFICKERS OR THOSE WHO ENGAGE
IN UNLAWFUL SEXUAL INTERCOURSE
WITH MINORS AND GIRLS. I THINK
THE SENATOR STATED IT VERY WELL.
WHEN REGISTRATION IS ALREADY
REQUIRED FOR SEXUAL ACTIVITIES
WITH A MINOR, SO LONG AS THE AGE
DIFFERENCE IS AT LEAST TEN
YEARS. I DO NOT UNDERSTAND WHY
WE DO NOT PROTECT OUR GIRLS TO
THE SAME EXTENT, WHY WE DON'T
HAVE THE REGISTRY THAT SERVES
THREE PURPOSES NOT ONLY
DETERRENCE, BUT ALSO PUBLIC
INFORMATION FOR COMMUNITIES AND,
AID TO LAW ENFORCEMENT, WHICH
YOU WILL HEAR MORE FROM, FROM
DEPUTY CHIEF TINGIRIDES,
INCLUDING THE STATISTICS
REGARDING THE TRAFFICKING AND
EXPLOITATION PROGRAMS THAT WE
ARE RUNNING IN L.A. THANK YOU
VERY MUCH FOR YOUR TIME AND
ATTENTION. AND I WOULD ASK YOU
FOR A YES VOTE ON THIS VERY
IMPORTANT BILL TO PLUG A GAP IN
OUR SEX OFFENDER REGISTRY. THANK
YOU. GOOD MORNING, SENATORS. MY
NAME IS AMARA TINGIRIDES. I'M A
DEPUTY CHIEF WITH THE LOS
ANGELES POLICE DEPARTMENT, WHERE
I HAVE BEEN SERVING IN SOUTH LOS
ANGELES FOR NEARLY THREE
DECADES. WE'RE CURRENTLY WORKING
WITH OUR CITY ATTORNEY'S OFFICE,
OUR COUNCIL DISTRICTS, OUR
LOCAL, FEDERAL AND STATE
PARTNERS TO ADDRESS HUMAN
TRAFFICKING IN SOUTH LOS
ANGELES. THIS WORK IS DONE WITH
THE VICTIM SERVICE, COMPASSION
THÀNH LENS. IN OUR COMMUNITIES.
WE HAVE YOUNG GIRLS THAT ARE
BEING VICTIMIZED AND TRAFFICKED
ON A DAILY BASIS. OUR HUMAN
TRAFFICKING VICTIMS ARE 70%
BLACK, 70% YOUNG BLACK GIRLS,
26% LATINO AND 4% OTHER. IN
2023. IN SOUTH LOS ANGELES ALONE
, WE RESCUED 60 YOUNG WOMEN AND
AN 11 ADULTS AND WERE WELL ON
OUR WAY TO EXCEED THAT NUMBER
THIS YEAR, 80 TO 90% OF THE
ARRESTEES THAT ARE TRAFFICKING
THESE YOUNG GIRLS ARE EITHER
WHITE OR LATINO. LAW ENFORCEMENT
NEEDS ADDITIONAL TOOLS AND
RESOURCES TO SUPPORT DISMANTLING
THE EASE OF TRAFFICKERS. GAINING
ACCESS TO THESE YOUNG BLACK AND
BROWN GIRLS, CHILDREN, AND
MINORS IN OUR COMMUNITIES. THIS
BILL WILL HELP PROVIDE A
DATABASE FOR US TO MONITOR FOR
INVESTIGATIVE PURPOSES AND TO
PROTECT THE YOUNG GIRLS THAT ARE
BEING VICTIMIZED IN OUR
COMMUNITY. WE NEED THIS
VICTIMIZATION TO STOP. AND I ASK
YOU TO SUPPORT THIS BILL. THANK
YOU. THANK YOU. WE'LL MOVE ON TO
ME. TWO WITNESSES. STATE YOUR
NAME, YOUR ORGANIZATION, AND
THAT YOU SUPPORT. MY NAME IS
JASON MARBURY. THE ORGANIZATION
IS SISTER FRIENDS, AND I SUPPORT
. THANK YOU. CAN I READ? NO.
THAT'S IT. OH GOOD MORNING.
COMMITTEE. MY NAME IS HEIDI
GIBSON, AND I AM AFFILIATED WITH
SISTER, FRIENDS AND I'M HERE TO
SAY THAT I AM IN SUPPORT OF THE
SB 1125 AND ALSO 11 1275 THAT
I'M 1128 AND 1275. THAT WAS
POSTPONED. THANK YOU, MADAM
CHAIR AND MEMBERS. GOOD MORNING,
ANDREW ANTWI WITH CHAU LARA AND
TÔI SCHMELZER AND LAYING HERE
TODAY ON BEHALF OF THE CITY OF
LOS ANGELES CITY COUNCIL VOTED
UNANIMOUSLY TO SUPPORT. THANK
YOU. GOOD MORNING. KRISTIN
ALLISON, ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION IN SUPPORT. GOOD
MORNING, LAURA RENO, DEPUTY CITY
ATTORNEY, DIRECTOR OF CHILDREN
EXPOSED TO VIOLENCE UNIT IN
SUPPORT. THANK YOU. SAYING WE
HAVE NO OTHER MEA TOS. WE'LL
MOVE ON TO LEAD OPPOSITION
WITNESSES. TWO MINUTES. GOOD
MORNING, CHAIR, AND MEMBERS OF
THE COMMITTEE. MY NAME IS
MARSHALL LAWLER AND I'M AN
ATTORNEY AT ROOT AND REBOUND,
WHICH IS A REENTRY LEGAL
SERVICES ORGANIZATION THAT
SERVES FORMERLY INCARCERATED
PEOPLE. WE RESPECTFULLY OPPOSE
SB 1128. THIS EXPANSION OF THE
SEX OFFENDER REGISTRY WILL
UNDERMINE PUBLIC SAFETY AND
PREVENT PEOPLE CONVICTED OF SEX
OFFENSES FROM REHABILITATING
ROOT AND REBOUND ASSISTS. MANY
CLIENTS WHO ARE REQUIRED TO
REGISTER UNDER PENAL CODE
SECTION 290. AND WHAT WE SEE IS
THAT THEY FACE EXTRAORDINARY
BARRIERS TO STABLE HOUSING AND
EMPLOYMENT. THIS LEADS TO HIGHER
RATES OF HOMELESSNESS, DRUG
ADDICTION, MENTAL ILLNESS AND
POVERTY. ALL OF THIS UNDERMINES
THE ABILITY OF PEOPLE CONVICTED
OF SEX OFFENSES TO REHABILITATE.
IMPORTANTLY, A LARGE BODY OF
RESEARCH HAS SHOWN THAT STABLE
HOUSING AND EMPLOYMENT ARE
CRUCIAL TO PREVENT RE-OFFENSE.
IT'S IMPORTANT TO NOTE THAT THIS
CRIME IS STILL A PUNISHABLE
OFFENSE, REGARDLESS OF WHETHER
IT REQUIRES REGISTRATION UNDER
PENAL CODE SECTION 290.
ADDITIONALLY PEOPLE CONVICTED OF
THIS OFFENSE ARE STILL
SUPERVISED BY A PAROLE OFFICER
UPON RELEASE. THEREFORE,
REGISTRATION FOR THIS CRIME IS
NOT NECESSARY TO DETER THE
UNDERLYING CRIMINAL CONDUCT.
MOREOVER, THIS BILL DOES NOT
ADDRESS ONE OF THE MOST COMMON
UNDERLYING CAUSES OF THIS CRIME,
WHICH IS A LACK OF AWARENESS.
THE CONSENSUAL SEX WITH WITH A
MINOR IS A CRIME, RATHER THAN
FURTHER PUNISHING PEOPLE AND
STIGMATIZING PEOPLE WHO COMMIT
THIS OFFENSE, THE LEGISLATURE
SHOULD PRIORITIZE FUNDING
EDUCATION PROGRAMS THAT RAISE
AWARENESS IN OUR COMMUNITIES
ABOUT THE AGE OF CONSENT. FOR
THESE REASONS, WE RESPECTFULLY
ASK THAT YOU VOTE NO ON SB 1128.
THANK YOU. THANK YOU. MARCO.
EXCUSE ME. MARCO. JORGE, ON
BEHALF OF THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION, IN
RESPECTFUL OPPOSITION, I JUST
WANT TO MAKE A COUPLE OF POINTS.
ONE, THAT IN THE APPROPRIATE
CASE, THE CITY ATTORNEY OR
ANYONE ELSE IS ABLE TO OBTAIN
REGISTRATION. SHE HAS
PROMINENTLY DISPLAYED ON HER
WEBSITE A CONVICTION FOR 647,
ANNOYING MOLESTING A CHILD,
WHICH IS A MANDATORY
REGISTRATION REGISTRABLE
OFFENSE. IT'S A MISDEMEANOR, BUT
IT IS A MANDATORY REGISTRATION.
REGISTRATION OFFENSE. ALSO,
THERE IS A CATCH ALL PROVISION
IN THE SEX OFFENDER REGISTRATION
ACT THAT ALLOWS A JUDGE IN
APPROPRIATE CASES IF HE FINDS HE
OR SHE FINDS THAT IT'S A MATTER
OF COMPULSION TO ORDER
REGISTRATION. SO THIS IS NOT
NEEDED. THE SEX OFFENDER
REGISTRATION ACT WAS CAREFULLY
CRAFTED BY ALL THE STAKEHOLDERS.
JUST A FEW YEARS AGO, INCLUDING
NANCY O'MALLEY, WHO WAS THE
DISTRICT ATTORNEY OF ALAMEDA
COUNTY AND THE HEAD OF THE SEX
OFFENDER MANAGEMENT BOARD AT THE
TIME. SO WE ASK YOU NOT TO,
AMEND IT AT THIS TIME. THERE'S
NO EVIDENCE SUPPORTING THAT THIS
WILL STOP HUMAN TRAFFICKING OR
THAT IT WILL STOP THE ABUSE OF
YOUNG PEOPLE, I'M HERE FOR
TECHNICAL ASSISTANCE. IF YOU
HAVE ANY FURTHER QUESTIONS. SO
THANK YOU. THANK YOU. CAN WE GET
ME TOS IN OPPOSITION, PLEASE
STATE YOUR NAME, YOUR ORG, AND
THAT YOU OPPOSE. HELLO, MY NAME
IS AUDACIA GREEN. ON BEHALF OF
THE ELLA BAKER CENTER FOR HUMAN
RIGHTS IN OPPOSITION TO THIS
BILL, THANK YOU. Dð COONEY, ON
BEHALF OF ACLU CALIFORNIA ACTION
AND RESPECTFUL OPPOSITION. THANK
YOU. SUE KIM, ON BEHALF OF
UNCOMMON LAW AND RESPECTFUL.
OPPOSITION. THANK YOU. SEEING
NONE, WE'LL MOVE OVER
. THIS SO
THAT DANGEROUS PEOPLE COULD BE
MONITORED BY LAW ENFORCEMENT
OVER THE YEARS WE SO MANY PEOPLE
WERE PUT ON THE SEX OFFENDER
REGISTRY THAT LITERALLY ONE IN
EVERY 40 CALIFORNIANS WAS ON THE
SEX OFFENDER REGISTRY, ONE IN
EVERY 40. AND I GUARANTEE YOU,
IT'S NOT THE CASE THAT ONE OUT
OF 40 CALIFORNIANS ARE PREDATORS
, IT WAS JUST FILLED WITH PEOPLE
WHO HAD COMMITTED LOWER LEVEL
CRIMES, WHO WERE, IF THEY EVER
WERE A REAL RISK, ARE NO LONGER
A RISK, SO WE WORKED VERY HARD
WITH LAW ENFORCEMENT AND CREATED
THE TIERING SYSTEM IN 2017. IT
TOOK MANY YEARS TO PUT THAT IN
PLACE SO THAT NOT BECAUSE WE
WERE ONE OF THE FEW STATES THAT
REQUIRED EVERYONE, ONE, TO
REMAIN ON THE REGISTRY FOR THE
REST OF THEIR LIVES, WHETHER
THEY WERE A SEXUALLY VIOLENT
PREDATOR OR WHETHER THEY WERE A
GAY GUY WHO GOT CAUGHT HAVING
SEX IN A CAR IN 1972, AND THEN
50 YEARS LATER, REMAINED ON THE
REGISTRY, AND SO WE DID THAT
WORK. AND THEN WE FOLLOWED UP IN
2018, TO SAY THAT WE KNOW THAT
FOR STATUTORY RAPE, WHICH IS AT
ISSUE HERE TODAY, SINCE, AS I
UNDERSTAND IT, SINCE THE 1940S
HAS BEEN DISCRETION OF THE COURT
THAT IF SOMEONE COMMITS
STATUTORY RAPE, THE JUDGE AND
THE DISTRICT ATTORNEY TAKE A
LOOK AT THE FACTS OF THE CASE
AND DECIDE, SHOULD THIS PERSON
GO ON THE REGISTRY? ARE THEY A.
THREAT OR SHOULD THEY NOT GO ON
THE REGISTRY?
NOW TO TALK ABOUT
HUMAN TRAFFICKING TODAY, HUMAN
TRAFFICKING, HUMAN TRAFFICKING
IS A VERY SERIOUS PROBLEM IN
CALIFORNIA AND ELSEWHERE. WE
HAVE VERY STRONG LAWS AGAINST
HUMAN TRAFFICKING. OUR LAW
ENFORCEMENT DOES TREMENDOUS WORK
TO TARGET AND ARREST PEOPLE WHO
ARE ENGAGING IN HUMAN
TRAFFICKING. WE PASSED A STRONG
BILL OUT OF THIS COMMITTEE LAST
YEAR THAT WAS SIGNED INTO LAW TO
ENHANCE PENALTIES FOR HUMAN
TRAFFICKING, AND THAT'S
SOMETHING WE TAKE SERIOUSLY. BUT
TO SUGGEST, AS I THINK AS SOME
OF THE IMPLICATION THAT I'VE
HEARD IN THE DISCUSSION AROUND
THIS BILL THAT STATUTORY RAPE IS
SOMEHOW AUTOMATICALLY HUMAN
TRAFFICKING
. KILL. THE
ANALYSIS FOCUSES ON WHICH IS
PRINCIPAL TO THE BILL, THE
ADDITION OF THIS SEX REGISTRY
AND PERMANENCE IS THIS, IN
EFFECT, THE AGE OF CONSENT. SO,
IF WE DO IT THIS WAY, AND EVEN
IF WE JUST MAKE THE, THE
REGISTRATION A TIER ONE, SO TEN
YEARS INSTEAD OF LIFE, WE HAVE,
LOOK, STATUTORY RAPE IS STILL IF
YOU'RE UNDER 18. SO THAT'S
EXISTING IN LAW. AND BUT THERE
WE HAVE PARTS OF THE DIFFERENT
PARTS OF THE PENAL CODE THAT
TREAT IT DIFFERENTLY. IF YOU'RE
UNDER 16. AND SO WE HAVE NOT IN
ONE PLACE CODIFIED WHAT THE AGE
OF CONSENT IS. WE KIND OF HAVE
THIS, WHATEVER KIND OF A
HODGEPODGE. AND I THINK FOR ME,
THAT'S PART OF THE DIFFICULTY,
IS THAT I'M CLEAR THAT A 15 YEAR
OLD CANNOT CONSENT TO SEX WITH
SOMEBODY TEN YEARS OLDER. THAT
IS ABSOLUTELY CLEAR TO ME.
THERE'S NOT A 17. HOWEVER, I
THINK IS A GRAY AREA, AND THIS
IS WHERE I LIKE THE JUDICIAL
DISCRETION BECAUSE BECAUSE IT IS
CONCEIVABLE TO ME THAT A 17 YEAR
OLD IS MORE ABLE TO HAVE THAT
CONSENT, I ALSO AM QUITE AWARE
THAT A 17 YEAR OLD CAN BE JUST
AS VULNERABLE TO A VERY
PREDATORY MALE WHO'S WHO, THAT
THE PREDATORY MALE IS TEN YEARS
OLDER THAN HER. THEN OBVIOUSLY
THERE'S LOTS OF COERCION THAT
COULD BE INVOLVED, BUT I THINK
THERE IS STILL THESE GRAY AREAS.
AND SO I'M WHILE I'M NOT
ADVOCATING THAT WE CHANGE PER
SE, THE AGES IN DIFFERENT PARTS
OF THE CODE, THE I AM
COMFORTABLE WITH THE FACT THAT
THE JUDICIAL DISCRETION ALLOWED
FOR THAT IN EFFECT. SO IT
ALLOWED FOR A, A CASE WHERE IT
WAS A 17 YEAR OLD AND OF COURSE,
A 17 YEAR OLD. IT COULD BE A
MONTH FOR THEIR 18, FOR EXAMPLE,
THAT DIFFERENCE BETWEEN A MONTH
BEFORE YOUR 18 AND 18 IS PRETTY
GRAY, SO THAT'S WHY I'M NOT
COMFORTABLE WITH HOW THE BILL IS
CONSTRUCTED. THANK YOU, SENATOR,
WOULD YOU LIKE TO CLOSE? YES.
THANK YOU FOR THE OPPORTUNITY TO
PRESENT THE BILL. I APPRECIATE,
THE TESTIMONY FROM BOTH THE
FOLKS FOR AND AGAINST. I WOULD
SUBMIT FOR THE ONE COMMENT ABOUT
WE NEED TO BE MADE AWARE THAT
THIS IS A CRIME. I WOULD THINK
THAT A 21 YEAR OLD SHOULD KNOW
THAT SEX WITH AN 11 YEAR OLD IS
WRONG, AND THE FACT THAT THE
DEFENSE OF OPPOSITION WOULD BE
WHAT? I'M JUST SAYING THE TEN
YEAR DIFFERENCE. THE AGE
DIFFERENCE. WE SHOULD JUST
INSTINCTIVELY KNOW THAT THE
EXPLOITATION AND SEX WITH A
MINOR IS PREDATORY BY ITS
NATURE. AND SO I APPRECIATE THE
CHAIR, OFFERING THE TIER ONE.
AND MR. BRADFORD WORKING WITH MY
OFFICE, AS AMENDED, WITH A TIER
ONE, I WOULD RESPECTFULLY ASK
FOR AN AYE VOTE. THANK YOU. I DO
JUST WANT TO HIGHLIGHT THAT WE
ARE SPECIFICALLY TALKING ABOUT
THIS PARTICULAR BILL AND, OTHER
COMMENTS THAT ARE MADE. WE'RE
GOING TO IGNORE AND WE'RE GOING
TO FOCUS ON THIS BILL. SO 11
YEAR OLDS ARE RIGHT. I WAS JUST
YES. SO WITH THAT, DO WE HAVE A
MOTION? I'LL MOVE THE BILL.
SENATOR SOTO MOVES THE BILL SB
1128 MOTION IS Dð PASS AS
AMENDED TO APPROPRIATIONS WILL
HAVE I CIERTO CIERTO I BRADFORD
BRADFORD I SKINNER WIENER NØ
WIENER. NO THAT BILL IS OUT.
THANK YOU. ALL RIGHT. MOVING ON
TO SENATOR ARCHULETA. SB 1262.
OH OH. BUT, SENATOR, PRIOR TO
YOU CAN WE JUST CALL, ROLL CALL
FOR ALL THE VOTES SO FAR? YEAH.
AND CONSENT. SO FOR CONSENT.
WIENER WIENER I. SORRY. HOLD ON
A SECOND. WHERE'D HE GO? AND HOW
DO YOU USE THIS THING? LET'S
JUST LET'S JUST START FOR MEN'S
SB 1126. THE CURRENT VOTE IS 3
TO 0. WIENER I'M SORRY, SENATOR,
1126 MEN. WIENER. I BILL IS OUT.
WHAT IS THAT? OKAY. AND THEN,
SENATOR ARCHULETA, YOU HAVE THE
FLOOR. THANK YOU. MADAM CHAIR.
AND GOOD MORNING, COMMITTEE
MEMBERS, I WOULD LIKE TO THANK
ONCE AGAIN THE, THE CHAIR FOR,
WORKING WITH ME. AND I LOOK
FORWARD TO CONTINUE WORKING WITH
HER. SENATE BILL 1262 IS A
REINTRODUCTION OF AB 1408.
CALDERON FROM 2017, WHICH WAS
INTRODUCED IN DIRECT RESPONSE TO
THE SHOOTING DEATH OF OFFICER
KEITH BOYER OF THE WHITTIER
POLICE DEPARTMENT BY AN
INDIVIDUAL ON. POST-RELEASE, THE
COMMUNITY OF WHITTIER CONTINUES
TO MOURN. FEBRUARY 20TH, 2017
FATAL SHOOTING. SHOOTING OF
WHITTIER POLICE OFFICER KEITH
BOYER AND THE WOUNDING OF
WHITTIER POLICE OFFICER PATRICK
HAZEL. IT WAS THE FIRST KILLING
OF A POLICE OFFICER IN NEARLY 40
YEARS IN THE CITY OF WHITTIER.
OFFICER BOYER'S DEATH NOT ONLY
IMPACTED THE CITY OF WHITTIER,
BUT RESONATED WITH CITIES AND
TOWNS ACROSS CALIFORNIA,
HIGHLIGHTING THE NEED FOR
EFFECTIVE MANAGEMENT OF
POST-RELEASE SUPERVISION. SENATE
BILL 1262 SEEKS TO MAKE MODEST
CHANGES TO CALIFORNIA'S
POST-RELEASE SUPERVISION LAW TO
ALLOW LOCAL LAW ENFORCEMENT AND
PUBLIC SAFETY PROFESSIONALS
ADDITIONAL RESOURCES TO MAKE THE
BEST DECISION AND DETERMINING
THE PROPER RESPONSE FOR REPEAT
OFFENDERS. ENHANCING THE
OVERSIGHT AND TRANSPARENCY
WITHIN THE POST-RELEASE
COMMUNITY. SUPERVISION WOULD
HELP ALL LAW ENFORCEMENT
AGENCIES TO BE SUCCESSFUL IN
FACILITATING THE TRANSITION FOR
FORMERLY INCARCERATED
INDIVIDUALS BACK INTO THE
COMMUNITY. THIS BILL WOULD
ENSURE OUR LAW ENFORCEMENT
AGENCIES HAVE THE NECESSARY
COMPREHENSIVE INFORMATION
REGARDING THOSE ON POST-RELEASE
COMMUNITY SUPERVISION AND THEIR
IN THEIR COUNTIES. THE BILL IS A
REASONABLE APPROACH IN INTENDED
TO MITIGATE THE OPPORTUNITY FOR
ADDITIONAL TRAGEDIES FROM
OCCURRING BY CLOSING SOME OF THE
LOOPHOLES THAT ALLOW REPEAT
OFFENDERS WHO DELIBERATELY
ABUSED SYSTEM. SENATE BILL 1262
IMPLEMENTS FIVE BASIC REFORMS
ONE IN THE CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, WOULD BE
MANDATED TO PROVIDE A LOCAL LAW
ENFORCEMENT AGENCY WITH COPIES
OF A PERSON'S RECORD OF
SUPERVISION DURING ANY PERIOD OF
PAROLE. TWO IT INCREASES
INFORMATION SHARING BETWEEN THE
STATE AND THE COUNTY REGARDING
THE CRIMINAL HISTORY, AND THREE
IT REQUIRES CONSIDERABLE
CONSIDERATION OF AN INDIVIDUAL'S
ENTIRE CRIMINAL HISTORY BY THE
PAROLE BOARD. FOUR REQUIRES THE
PROBATION DEPARTMENT TO NOTIFY
THE COURT. PUBLIC DEFENDER,
DISTRICT ATTORNEY, AND SHERIFF
OF EACH OF A FLASH
INCARCERATION. LASTLY IT
REQUIRES COUNTY PROBATION OR
PROBATION DEPARTMENTS TO SEEK A
MANDATORY POST-RELEASE COMMUNITY
SUPERVISION HEARING FOR AT Ã.
LET ME REPEAT THAT, IF I MAY.
LASTLY, IT REQUIRES COUNTY
PROBATION DEPARTMENTS TO SEEK A
MANDATORY POST RELEASE COMMUNITY
SUPERVISION HEARING FOR THIRD
VIOLATION. I AM COMMITTED TO
CONTINUE TO WORK WITH THE
OPPOSITION AND LAW ENFORCEMENT
TO ENSURE INDIVIDUALS WHO DO NOT
POSE A DANGER TO OUR COMMUNITY
ARE NOT INCARCERATED, BUT GIVEN
THE OPPORTUNITY VIÆT TO BEFORE
TO APPEAR BEFORE THE COMMITTEE.
THANK YOU. THE PAROLE BOARD. THE
INTENT OF THE BILL IS NOT TO
INCARCERATE, AS I MENTIONED, AND
NOT TO INTENT THE BILL. I'M
SORRY. THE INTENT OF THE BILL IS
NOT TO INCARCERATE INDIVIDUALS
WHO ARE COMPLYING WITH THE TERMS
OF THEIR RELEASE. OUR GOAL IS TO
PROVIDE AN EXTRA LAYER OF
OVERSIGHT TO PREVENT ANY TRAGEDY
FROM OCCURRING. WE ARE FOCUSED
ON INDIVIDUALS WHO CONTINUE TO
DISREGARD AND ABUSE THE SYSTEM.
AS I SAID, COMMITTED TO WORKING
WITH THE OPPOSITION TO FIND
COMMON GROUND SHOULD THIS PASS,
AND PASS ON FROM THE COMMITTEE
TODAY, MY STAFF HAS BEEN IN
CONTACT WITH THE OPPOSITION AND
ARE TRYING TO FIND A PLACE WHERE
LAW ENFORCEMENT AND THE
OPPOSITION ARE COMFORTABLE WITH
THE LANGUAGE. SENATE BILL 1262
PRIORITIZES ACCOUNTABILITY TO
PREVENT REPEAT OFFENDERS ON
COMMUNITY SUPERVISION AND NEEDED
OVERSIGHT INFORMATION TO ENSURE
THE APPROPRIATE PERSONS RECEIVE
THIS TYPE OF RELEASE, ALL OF
WHICH ARE A TESTAMENT TO THE
LESSONS LEARNED FROM THE TRAGIC
LOSS OF OFFICER BOYLE. I FEEL
STRONGLY WE CAN ACHIEVE THAT
GOAL WORKING. TOGETHER AND
MOVING THIS BILL FORWARD. YOU
WILL BE TIMED AT TWO MINUTES.
GOOD MORNING, MADAM CHAIR, AND
MEMBERS OF THE COMMITTEE. MY
NAME IS JOE VINATIERI
RESERVE
OFFICER KEITH BOYER AND HU BY AN
INDIVIDUAL WHO IS ON POST
RELEASE, WHO IS KNOWN AT THAT
TIME TO HAVE ISSUES WITH THE
TERMS OF HIS RELEASE. BASED ON A
NUMBER OF TECHNICAL VIOLATIONS,
FIVE THAT HE HAD GARNERED IN A
RELATIVELY SHORT PERIOD OF TIME.
THE MURDER OF OFFICER BOYER WAS
SO DEEPLY FELT BY OUR COMMUNITY
THAT WHITTIER'S, THEN ASSEMBLY
MEMBER IAN CALDERON, CARRIED AB
1408. MR. CALDERON WAS BASICALLY
, FOR ALL INTENTS AND PURPOSES,
SPONSOR OF THAT LEGISLATION. THE
BILL PASSED THE LEGISLATURE ON
VERY STRONG BIPARTISAN AND
BIPARTISAN SUPPORT. THREE
MEMBERS OF THIS COMMITTEE AT
THAT TIME SERVED IN THIS BODY
AND VOTED
LEGISLATION. SEVERAL TIMES. WE
TRULY APPRECIATE
. GOOD MORNING.
THANK YOU, MADAM CHAIR, AND
MEMBERS. TONY RICE, CONSULTANT
FOR THE CITY, I'M HERE TODAY.
USUALLY, AS YOU KNOW, IT'S
CUSTOMARY FOR ANOTHER SUPPORT
ORGANIZATION TO COME BEFORE YOU.
AND WE ACTUALLY HAVE, MR.
MARTINEZ, COUNCILMAN, WHO YOU'LL
HEAR ON ME TOO, WHO GRACIOUSLY
ALLOWED THE TIME FOR ME TO COME
BEFORE ALL OF YOU TO EXPRESS OUR
SINCERE APPRECIATION. AND I MEAN
THAT SINCERELY TO THE OPPOSITION
. WE HAVE BEEN EDUCATED THROUGH
THIS PROCESS. AS THE MAYOR,
INDICATED, WE WERE NOT THE
SPONSORS OF THE OF THE BILL FROM
2017. WE CAME WE COME WITH AN
OPEN HEART AND AN OPEN MIND. WE
HAVE BEEN EDUCATED TO THE
BENEFIT OF MAKING THIS BILL, I
THINK, BETTER, AND WE ARE IN A
NEGOTIATION THAT THIS COMMITTEE WILL
ALLOW. US TO MOVE FORWARD WITH
.
THAT I DON'T KNOW IF I CAN
ANSWER ALL TECHNICAL QUESTIONS,
BUT I AM HERE TO ANSWER ANY
QUESTIONS I CAN. THANK YOU. DO
WE HAVE ANY OTHER ME TWOS IN
SUPPORT? STATE YOUR NAME, YOUR
ORGANIZATION AND THAT YOU
SUPPORT. GOOD MORNING, MADAM
CHAIR AND MEMBERS. MY NAME IS
OCTAVIO CESAR MARTINEZ AND
COUNCIL MEMBER FOR THE GREAT
CITY OF WHITTIER. WE STRONGLY
SUPPORT THE MEASURE AND BELIEVE
THE PROVISIONS OF THE BILL MAY
PREVENT ANY FURTHER TRAGEDIES
FROM OCCURRING. THANK YOU. THANK
YOU. GOOD MORNING, CHAIR AND
MEMBERS, JARED MOSS, ON BEHALF
OF THE CALIFORNIA POLICE CHIEFS
IN SUPPORT. THANK YOU. GOOD
MORNING, MADAM CHAIR. MEMBERS.
ZACH, WITH THE LEAGUE OF
CALIFORNIA CITIES AND SUPPORT.
THANK YOU. THANK YOU. GOOD
MORNING, CHAIR AND MEMBERS,
CASSANDRA MÀ WITH THE CITY OF
DOWNEY AND SUPPORT. THANK YOU.
DO WE HAVE ANY OTHER ME TWOS
SEEING NONE. WE'RE GOING TO MOVE
ON TO LEAD OPPOSITION WITNESSES.
YOU WILL BE TIMED AT TWO
MINUTES. GOOD MORNING, CHAIR
WAHAB. AND MEMBERS OF THE
COMMITTEE. ONCE AGAIN MY NAME IS
MARSHALL LAWLER AND I'M AN
ATTORNEY AT ROOT AND REBOUND, WE
ARE OPPOSED UNLESS AMENDED, AND
WE ARE WORKING WITH THE AUTHOR'S
OFFICE TO FIND AMENDMENTS TO
ADDRESS OUR CONCERNS. I'D LIKE
TO THANK SENATOR ARCHULETA'S
OFFICE FOR WORKING WITH US, WE
ARE CONCERNED THAT THIS BILL, AS
WRITTEN, WILL NEEDLESSLY
INCARCERATE PEOPLE, POST RELEASE
COMMUNITY SUPERVISION FOR
CONDUCT THAT IS NEITHER CRIMINAL
NOR HARMFUL. TECHNICAL
VIOLATIONS OF SUPERVISION ARE
OUR VIOLATIONS THAT DO NOT
AMOUNT TO A NEW CRIME. THEY ARE
FREQUENTLY FOR CONDUCT AS MINOR
AS HAVING LOW BATTERY ON ONE'S
GPS MONITOR, OR ARRIVING 15
MINUTES LATE TO A MEETING WITH A
PROBATION OFFICER. OUR CLIENTS
COMMONLY FACE INCARCERATION FOR
TECHNICAL VIOLATIONS AND WHAT WE
SEE IS THAT EVEN SHORT FLASH
INCARCERATIONS ARE INCREDIBLY
HARMFUL AND DESTABILIZING. MOST
OFTEN, AFTER BEING INCARCERATED
FOR A TECHNICAL VIOLATIONS, FOR
A TECHNICAL VIOLATION, OUR
CLIENTS OUTCOMES GET WORSE.
ADDITIONALLY, THIS BILL
SUPPLANTS THE EXPERTISE AND
EXPERIENCE OF PROBATION
PROFESSIONS WHO MAKE DECISIONS
WHETHER TO REVOKE SOMEONE'S
SUPERVISION ON A CASE BY CASE
BASIS. A THREE STRIKES APPROACH
FOR NON-CRIMINAL CONDUCT IS JUST
TOO HARSH. THERE SHOULD ALWAYS
BE AN INDIVIDUALIZED ASSESSMENT
OF WHETHER TO SEND SOMEONE TO
JAIL. THIS BILL WILL ALSO
NEEDLESSLY CAUSE AN INCREASE IN
THE NUMBER OF PEOPLE IN PRISON.
IN JAIL FOR NON-CRIMINAL
NON-HARMFUL CONDUCT, AND WILL
LEAD TO THE DISPROPORTIONATE
RE-ARREST OF BLACK AND BROWN
PEOPLE UNDER COMMUNITY
SUPERVISION. WE'VE PROPOSED
AMENDMENTS THAT WOULD INSTEAD
PROVIDE THAT A PROBATION
DEPARTMENT MUST FILE A PETITION
ONLY AFTER AT LEAST THREE
TECHNICAL VIOLATIONS AND THE
COMMISSION OF A NEW CRIMINAL
OFFENSE. WE RESPECTFULLY ASK
THAT YOU VOTE NO ON SB 1262
UNLESS IT IS AMENDED. THANK YOU
VERY MUCH. THANK YOU. NEXT GOOD
MORNING, CHAIR AND MEMBERS OF
THE COMMITTEE. MY NAME IS SUE
KIM. ON BEHALF OF UNCOMMON LAW,
WE PROVIDE LEGAL REPRESENTATION
AND OTHER ADVOCACY FOR PEOPLE
NAVIGATING THE PAROLE
CONSIDERATION PROCESS. AND WE'RE
URGING RESPECTFUL OPPOSITION TO
SB 1262. THIS THE PAROLE
PROVISION OF THIS BILL IS SIMPLY
UNNECESSARY, GIVEN THAT PENAL
CODE 3140 3041 B CLEARLY
REQUIRES THAT THE BOARD CONSIDER
THE TIMING AND GRAVITY OF ALL
PAST CONVICTED OFFENSES. IN
ADDITION, THE GOVERNING
REGULATIONS ALSO DIRECT THE
BOARD TO, CONSIDER SOMEONE'S
ENTIRE CRIMINAL HISTORY AND IN
ADDITION TO THAT, THE BOARD'S
OWN STRUCTURED DECISION MAKING
FRAMEWORK, WHICH IS THE TOOL
THAT THEY USE TO MAKE THEIR
PAROLE DECISIONS, TELLS THEM
THAT THEY HAVE TO CONSIDER
SOMEONE'S ENTIRE CRIMINAL
HISTORY. AND IT'S ONE OF THE
CORE FACTORS THAT ALWAYS NEEDS
TO BE EVALUATED IN A PAROLE
HEARING, THIS FACTOR IS SO
EMBEDDED IN THE BOARD'S DECISION
MAKING PRACTICE THAT
COMMISSIONERS ROUTINELY EVEN
TAKE INTO ACCOUNT RECORDS OF
ARRESTS THAT DIDN'T LEAD TO A
CONVICTION. AND SO NOT ONLY IS
THIS PROVISION REDUNDANT AND
UNNECESSARY, AND BY
OVEREMPHASIZING CRIMINAL
HISTORY, THIS BILL ALSO
REINFORCES AN OUTDATED AND
PUNITIVE APPROACH TO PUBLIC
SAFETY. THAT'S NOT PROVEN TO
WORK, ESPECIALLY GIVEN ALL OF
THE RESEARCH THAT SHOWS THAT
MORE RECENT AND DYNAMIC FACTORS
LIKE SOMEONE'S RECORD OF
REHABILITATION, THEIR POST
RELEASE PLANS ARE MUCH MORE
RELEVANT TO THEIR CURRENT RISK
OF COMMITTING VIOLENCE THAN
DECADES OLD OFFENSES. SO, WE
HAVE REQUESTED THAT THE AUTHOR
REMOVE, THE PROVISION REGARDING
PAROLE AND ARE WAITING TO HEAR
BACK. SO WE URGE YOUR
OPPOSITION, AND I'M HERE FOR ANY
TECHNICAL QUESTIONS ABOUT THIS
PROVISION. THANK YOU. CAN WE GET
ME TOS IN OPPOSITION STATE YOUR
NAME, YOUR ORGANIZATION AND THAT
YOU OPPOSED MARCO JORGE ON
BEHALF OF THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION, ALSO ON
BEHALF OF THE SAN FRANCISCO
PUBLIC DEFENDER'S OFFICE, AND
ALSO ON BEHALF OF INITIATE
JUSTICE. THANK YOU VERY MUCH.
WE'RE IN OPPOSITION. THANK YOU.
NORMA OROZCO WITH THE ELLA BAKER
CENTER FOR HUMAN RIGHTS IN
OPPOSITION. GOOD MORNING. ALICIA
MONTEIRO WITH CALIFORNIANS
UNITED RESPONSIBLE BUDGET AND
STRONG OPPOSITION. Dð COONEY, ON
BEHALF OF ACLU CALIFORNIA ACTION
IN OPPOSITION. THANK YOU, HENRY
ORTIZ, ON BEHALF OF ALL OF US IN
SACRAMENTO, LEGAL SERVICES FOR
PRISONERS WITH CHILDREN AND
COMMUNITY HEALERS, WE STRONGLY
OPPOSE. THANK YOU. PHIL MELENDEZ
SMART JUSTICE CALIFORNIA IN
OPPOSITION. THANK YOU. SEEING NO
ONE ELSE, WE'RE GOING TO MOVE
THE CONVERSATION TO COMMITTEE
MEMBERS. SENATOR SKINNER. THANK
YOU. CHAIR. SENATOR ARCHULETA,
YOU'RE ACCURATE IN YOUR
DESCRIPTION THAT YOU ARE
REINTRODUCING A BILL THAT THAT
THIS COMMITTEE BACK IN 2017
PASSED THAT WAS MY FIRST YEAR AS
CHAIR. AND, IT WAS, AS YOU
INDICATED, AFTER A VERY HORRIFIC
CIRCUMSTANCE IN WHITTIER, THE
FIRST TIME A, OFFICER HAD BEEN
KILLED AND ANOTHER OFFICER
INJURED, AND THE, YOU KNOW, I
CANNOT, PUT MYSELF BACK INTO
THAT TIME AS TO, YOU KNOW, WHY
BOTH I SUPPORTED THE BILL AND
WHY, AS A CHAIR, I RECOMMEND IT.
IT'S, IT'S. I VOTE, BUT I WOULD
SAY THAT I'LL EXPLAIN WHAT I.
YOU KNOW WHAT I'VE COME TO
UNDERSTAND NOW, BUT I'LL ALSO
RAISE, IN, IN LOOKING INTO, IN
READING THE ANALYSIS AND LOOKING
AT ALL THE DOCUMENTS I READ.
GOVERNOR BROWN'S VETO MESSAGE,
AND IT WAS VERY POWERFUL. SO
GOVERNOR BROWN, AS YOU KNOW,
VETOED THE BILL AND HE VETOED IT
BECAUSE OF THE ISSUE OF THE
PARTS OF THE BILL THAT ALLOW FOR
SOMEONE TO HAVE THEIR PAROLE
REVOKED DUE TO A TECHNICAL
VIOLATION. AND I WILL SAY I
SHOULD HAVE CAUGHT THAT THEN.
BUT WHATEVER IT'S YOU KNOW, WE
THERE CAN BE CIRCUMSTANCES
AROUND A CRIME THAT, YOU KNOW,
WE, WE RESPOND TO, AND SOMETIMES
DON'T ALWAYS THINK THROUGH
SEPARATE THE CIRCUMSTANCE OF THE
CRIME FROM WHAT THE LAW BEFORE
US IS PROPOSING. SO ANYWAY, SO
THAT IS ONE OF THE KEY THINGS
AND, AND, AND WHAT WE KNOW NOW
IS THAT THAT IS PARTLY WHY
CALIFORNIA HAD AND WE DO NOT
WANT TO RETURN TO THIS, WHY WE
HAD, YOU KNOW, WHEN I GOT
ELECTED IN 2008, WE HAD SOME 170
K, 170,000 PEOPLE INCARCERATED
IN OUR FACILITIES. AND TODAY WE
HAVE 90 SOME, AND, AND, YOU
KNOW, WE PUTTING PEOPLE BACK IN
FOR TECHNICAL VIOLATIONS DOES
NOT MAKE SENSE. PUTTING THEM IN
FOR COMMITTING A CRIME, REVOKING
THEIR PAROLE FOR COMMITTING
CRIME. FINE SO THAT'S ONE
CONCERN. NOW A SECOND CONCERN IS
WHAT? AND THE ANALYSIS POINTS
OUT THAT THE OTHER PART OF YOUR
BILL AND YOU YOU RAISED FIVE
POINTS. AND I'LL GET TO THAT IN
A MINUTE. BUT ONE OF THE POINTS
YOU RAISED IS THAT IT, ALLOWS
FOR THE PAROLE BOARD TO, YOU
KNOW, TO LOOK AT THIS TOTALITY
OF CRIME. NOW, THE PAROLE BOARD
DOES THAT, AND IT IS IN THEIR
REGS. BUT THIS BILL WOULD PUT
THAT INTO STATUTE. REGS ARE
SOMETHING THE PAROLE BOARD CAN
REVISE. AND THERE ARE SUPREME
CALIFORNIA SUPREME COURT CASES
THAT DON'T AGREE WITH THAT
PRACTICE OF THE PAROLE BOARDS.
SO I'M VERY, VERY HESITANT TO
PUT INTO STATUTE SOMETHING THAT
THE PAROLE BOARD NOW IF THEY AT
SOME POINT, CHOOSE TO, YOU KNOW,
MAYBE WE WANT TO REVISE OUR REGS
A BIT. MAYBE WE SHOULD BE
LOOKING AT ONLY THEIR HISTORY OF
VIOLENT CRIME AND MAYBE WE
SHOULD NOT BE LOOKING AT THEIR
HISTORY OF WHAT AN ARREST VERSUS
A CONVICTION. I DO NOT WANT TO
PUT INTO STATUTE SUCH RIGIDITY
THAT, IN EFFECT, GOES COUNTER TO
WHAT WE EVEN HAVE RULINGS BY OUR
OWN CALIFORNIA SUPREME COURT.
AND I MUCH PREFER THE PAROLE
BOARD BEING ABLE TO REVISE THEIR
REGS AS THEY DEEM APPROPRIATE
AND AS PEOPLE MIGHT, AND ALL OF
US MIGHT INFLUENCE. SO IN TERMS
OF YOUR OPENING COMMENTS, SO I
WANT TO BACKING UP THE TWO KEY
WITNESSES IN OPPOSITION MADE THE
TWO POINTS THAT I AM REFERENCING
, WHICH WERE THEIR FUNDAMENTAL
PROBLEMS WITH THE BILL. AND
THOSE ARE MY FUNDAMENTAL
PROBLEMS, YOU MADE FIVE POINTS
OF WHAT THE BILL DOES. YOU YOU
REVERSE. YOU REFERRED TO THE
RECORD OF SUPERVISION. I'M OKAY
WITH THAT. YOU REFERRED TO THE
SHARING OF CRIMINAL HISTORY,
WHICH AGAIN, THAT'S INFORMATION.
THAT'S SHARING. I'M OKAY WITH
THAT. YOU REFERRED TO A
NOTIFICATION, OF COURT REGARDING
FLASH. FLASH INCARCERATION. SUCH
NOTIFICATION AGAIN, I WOULD NOT
OPPOSE IT. IS THE TWO LAST TWO
POINTS YOU MADE, WHICH IS THE
REQUIRING OF THE MANDATORY
PAROLE HEARING AROUND THOSE
TECHNICAL VIOLATIONS AND PUTTING
THE PAROLE BOARD'S REGS INTO
STATUTE. THOSE ARE THE TWO PARTS
OF YOUR BILL THAT I CANNOT
SUPPORT TODAY. AND SO I WILL BE,
EITHER AN ABSTAIN OR A NO VOTE
ON YOUR BILL TODAY. IF WE BRING
IT TO A VOTE. BUT IF, IF THERE
WERE TO BE SOME AGREEMENT
BETWEEN YOU AND THE COMMITTEE TO
REVISE THOSE TO REMOVE THOSE TWO
PARTS THAT I MENTIONED, THEN I
COULD SUPPORT YOUR BILL. THANK
YOU. SENATOR. DO YOU HAVE ANY
COMMENTS? OKAY. SO I JUST WANT
TO HIGHLIGHT A COUPLE OF THINGS,
SENATOR, I DO APPRECIATE YOU
BRINGING THIS BILL FORWARD, I DO
APPRECIATE THAT, THE MAYOR AND
OTHER WITNESSES SPEAKING, TO
THIS COMMITTEE, I WANT TO
HIGHLIGHT A COUPLE OF THINGS.
ONE, I THINK SENATOR SKINNER IS
ABSOLUTELY RIGHT. IF YOU TAKE A
LOOK AT THE VETO MESSAGE THAT
GOVERNOR BROWN, SIGNED, HE
SPECIFICALLY SAYS, AND I QUOTE,
I DO NOT AGREE THAT A THREE
STRIKES AND YOU'RE OUT APPROACH
IS THE CORRECT SOLUTION, EVEN IF
THIS IS A TRULY TERRIBLE CRIME,
AND I THINK THAT ONE OF THE
THINGS THAT WE TRY TO DO IN
PUBLIC SAFETY IS REALLY ALLOW
FOR THOSE INDIVIDUALS THAT ARE
MORE ENGAGED WITH THE INDIVIDUAL
TO MAKE THAT CALL AND HAVE THE
DISCRETION, TO REALLY GAUGE
WHETHER OR NOT THIS PERSON IS A
RISK TO SOCIETY OR NOT ANY
FURTHER. THERE WERE A COUPLE OF
OPPOSITION FOLKS THAT CAME IN
AND SPOKE AND STATED, AS SENATOR
SKINNER MENTIONED, SOME OF THEIR
OPPOSING VIEWS, AND I UNDERSTAND
ONE OF YOUR CONSULTANTS FOR THE
CITY THAT ALSO SPOKE, YOU KNOW,
STATED THAT THEY WOULD LIKE TO
COME TO SOME AN AGREEMENT.
RIGHT, I FULLY DO SUPPORT THAT.
THERE IS SOME COMMON GROUND AND
SOME MIDDLE GROUND THAT WE ALL
WOULD LIKE TO SEE, I DO NOT FEEL
COMFORTABLE MOVING THIS BILL
FORWARD UNLESS THE AGREEMENT AND
ARRANGEMENT OF WHAT IS THAT
MIDDLE GROUND HAPPENS IN THIS
COMMITTEE, THIS IS THE PUBLIC
SAFETY COMMITTEE. I DO NOT WANT
IT TO MOVE TO A PROBES UNLESS
THERE IS A CONVERSATION. HAD AN
AGREEMENT MADE, I WAS HOPING
THAT THIS BILL WOULD BE PULLED
FOR THIS WEEK. THAT HAS NOT BEEN
THE CASE, I WILL BE ABSTAINING
ON THIS PARTICULAR MOTION, AND
HOPING THAT YOU ALL WILL NOT
ONLY SPEAK TO COMMITTEE, BUT
ALSO OPPOSITION AND SUPPORT, AND
FIND A COMMON GROUND BECAUSE WE
KNOW THAT THERE IS SOME COMMON
GROUND THAT WE CAN AND WE'RE NOT
GOING TO HAVE THE CONVERSATION
OR DEBATE HERE. BUT I DO WANT
THAT TO BE HAD PRIMARILY BECAUSE
I THINK THAT THERE IS SOME
REASONABLE, ADJUSTMENTS. AND AS
WE CONTINUE TO CORRECT AND
PERFECT OUR LAWS. SO I WILL BE
ASKING YOU FOR A CLOSING
STATEMENT AND THEN ASKING FOR A
MOTION AS WELL. GOOD. THANK YOU,
MADAM CHAIR. AND, SENATOR, I
THINK WE'RE SO CLOSE. WHEN YOU
MENTIONED, WHAT, THREE OUT OF
FIVE? THAT'S NOT BAD. AND I
THINK THAT'S A GREAT WAY TO
START A NEGOTIATION. AND I DO
AGREE WITH SOME OF THE
OPPOSITION. GRANTED. AND I
CERTAINLY AGREE THAT THIS IS NOT
TO INCARCERATE. AND I DO AGREE
THAT THESE LITTLE MINOR THINGS
BEING LATE 20 MINUTES TO A
HEARING OR YOU GOT STUCK AT WORK
OR YOU HAVE TO FINALLY YOU GOT A
JOB AND YOU'RE ABLE TO, RUN OFF,
DROP THE KIDS OFF AND GO TO
WORK. AND YOU'RE 15 MINUTES LATE
TO MEET YOUR PAROLE OFFICER, AND
THAT'S A VIOLATION. I AGREE,
THAT'S THAT'S CRAZY, BUT I ALSO
AGREE THAT WE SHOULD BE ABLE TO
LOOK AT THE INDIVIDUAL AND SEE
WHERE HE'S GOING. AND
REHABILITATION. THAT'S WHAT I'M
TRYING TO DO, NOT INCARCERATE.
AND SO THESE ADJUSTMENTS THAT
WE'RE TALKING ABOUT, THEY'RE NOT
THAT FAR APART. AND I THINK WE
CAN WORK THIS OUT BECAUSE, BACK
THEN 2017 SO ON AND SO ON. BUT
THIS IS 2024 NOW. THINGS HAVE
CHANGED. THE PENDULUM HAS MOVED.
COMMUNITIES ARE ASKING TO FEEL
SAFER IN THE CITY OF WHITTIER
AND COMMUNITIES. THAT'S WHY WE
HAVE INDEPENDENT CITIES,
CALIFORNIA CITIES, ALL THE
CITIES IN CALIFORNIA ARE LOOKING
TO US TO PROVIDE THEM AN AVENUE
OF SAFETY. AND ALSO, I BELIEVE,
AN AVENUE TO GIVE PEOPLE AN
OPPORTUNITY TO CHANGE THEIR
LIVES AND SO THIS IS NOT BEING
PUNITIVE, BUT IT DOES OPEN A
DOOR FOR OPPORTUNITY TO SIT DOWN
AND TO INSTRUCT EVERYONE THAT
LET'S ANALYZE WHAT'S TAKING
PLACE AND HOW WE CAN HELP THAT
INDIVIDUAL. THAT'S THE KEY. AND
WE HAVE TO REMEMBER, WE HAVE
WOMEN WITH CHILDREN THAT ARE
ALSO ON PROBATION, THAT ARE
SUBJECT TO ISSUES AND I WANT TO
PROTECT THEM AS WELL. BUT I
WOULD LIKE TO BE ABLE TO COME
BACK TO YOU, AS YOU SAID, AND
REFINE IT. SO MY STAFF IS GOING
TO CONTINUE WORKING WITH THE
OPPOSITION. I JUST NEED TO BE
ABLE TO COME BACK OR TAKE IT
FORWARD AND CONTINUE WORKING,
BECAUSE WE'RE NOT DONE WITH THIS
BILL. AND I THINK IT'S IMPORTANT
THAT IT'S VITAL. AND I THINK
THAT WE'RE SO CLOSE THAT IT'S A
GREAT OPPORTUNITY FOR US TO SHOW
CALIFORNIA THAT WE CAN WORK
TOGETHER WHEN IT COMES TO PUBLIC
SAFETY. AND FOR THESE REASONS, I
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU. SENATOR, I DO WANT TO
SAY THAT IF THIS MOTION FAILS,
WE WILL GRANT YOU
RECONSIDERATION, I WOULD LIKE
THINGS IN WRITING, SO EVERYONE
CAN SEE. SO, YOU KNOW, I, I
TRUST YOUR WORD AND YOUR
HANDSHAKE. BUT AGAIN, WE WOULD
LIKE IT IN WRITING BECAUSE THE
PUBLIC HAS A RIGHT TO ALSO SEE
WHAT WE ARE VOTING ON, WITH
THAT, I'D ASK FOR A MOTION. I'LL
MOVE THE BILL. SENATOR SARAH
MOVES THE BILL. SB 1262 DO PASS
TO APPROPRIATIONS. WAHAB SATO.
SATO I BRADFORD. SKINNER.
SKINNER. NÓ WIENER. OKAY. THAT
BILL IS ON CALL. LOOK FORWARD TO
MEETING YOU ALL AGAIN. THANK YOU
. ALL RIGHT, WE'RE GOING TO MOVE
ON TO SENATOR NEWMAN. SENATOR
JONES, WOULD YOU LIKE TO GO
AHEAD? I HAVE WITNESSES HERE.
ALL RIGHT. SENATOR JONES, SB
1074. MADAM CHAIR, WOULD YOU
LIKE TO WITNESSES AT THE TABLE
KNOW AT THE LECTERN THEY'RE
GOING TO BE TIMED AT TWO MINUTES
Tð. YES YES. GO TO THE RIGHT
PLACE. YES.
WOULD YOU LIKE. FLOOR IS YOURS.
THANK YOU, MADAM CHAIR. THANK
YOU, MADAM CHAIR. AND SENATORS,
I APPRECIATE YOUR ATTENTION THIS
MORNING ON SENATE BILL 1074,
WHICH PROVIDES ADDITIONAL
OVERSIGHT TO THE PROCESS BY
WHICH A SEXUALLY VIOLENT
PREDATOR GETS PLACED BACK INTO
OUR COMMUNITIES. A SEXUALLY
VIOLENT PREDATOR KNOWN AS AN SVP
IS AN INDIVIDUAL CONVICTED OF A
SEXUALLY VIOLENT OFFENSE AND
DIAGNOSED WITH A MENTAL DISORDER
THAT CAUSES HIM TO BE A DANGER
TO OTHERS WITH A HIGH LIKELIHOOD
OF RE-OFFENDING. WHEN AN SVP IS
DETERMINED TO BE READY FOR
RELEASE FROM CIVIL COMMITMENT
UNDER THE DEPARTMENT OF STATE
HOSPITALS, A PROCESS KNOWN AS
CONDITIONAL RELEASE PROGRAM OR
CONREP, BEGINS. CURRENTLY, THE
DEPARTMENT USES A CONTRACTOR TO
EXECUTE THE ENTIRE CONREP
PROCESS THROUGHOUT THE ENTIRE
STATE, TAKING LITTLE TO NO
PERSONAL RESPONSIBILITY OR
OVERSIGHT. THIS BILL WILL MAKE
TWO IMPORTANT UPDATES TO THE
CONRADT PROCESS. FIRST, SB 1074
WILL HOLD THE DIRECTOR OF STATE
HOSPITALS RESPONSIBLE FOR
ENSURING THAT DEPARTMENT VENDORS
CONSIDER PUBLIC SAFETY AS THE
FIRST PRIORITY IN ALL PLACEMENTS
OF SVP. S SECOND, SB 1074
REQUIRES THE DEPARTMENT TO TAKE
A BIGGER ROLE IN THE CONRADT
PROCESS BY MANDATING THE
DEPARTMENT APPROVE ANY LEASE
BEFORE IT IS SIGNED BY THE
VENDOR. THAT LEASE MEANS A LEASE
FOR A HOME THAT THE VENDOR IS
PLACING. THESE SEXUALLY VIOLENT
PREDATORS IN, IN THE
NEIGHBORHOODS. THIS WILL HELP
CURB THE ISSUE OF THE VENDOR
BEING COMMITTED TO A LEASE
BEFORE A JUDGE HAS APPROVED THE
PLACEMENT, AND THUS BEING STRUCK
WITH THE PAYMENT. EVEN IF THE
PLACEMENT IS DENIED UNDER
CURRENT CONDITIONS, THE VENDOR
IS ALLOWED TO SIGN A LEASE,
BEGIN THE LEASE PAYMENTS, BEGIN
RENTING THE HOME BEFORE A JUDGE
HAS ACTUALLY APPROVED THE
PLACEMENT OF THE SVP. THESE
COMMON SENSE UPDATES WILL AFFORD
MORE OVERSIGHT TO THE PLACEMENT
PROCESS AND HELP ENSURE MORE
APPROPRIATE PLACEMENTS OF SVP'S
WITH ME TODAY, I HAVE TWO
FABULOUS WITNESSES THAT ARE VERY
UP TO SPEED ON THIS ISSUE AND
HAVE LIVED THROUGH IT THEMSELVES
PERSONALLY. SARAH THOMPSON IS A
FORMER CONSTITUENT OF MINE IN
SAN DIEGO COUNTY THAT WHEN I WAS
ORIGINALLY ELECTED TO THE SENATE
IN 2018, WAS ONE OF THE VERY
FIRST CONSTITUENT, CASES THAT WE
TOOK UNDER AS THE STATE WAS
TRYING TO PLACE AN SVP IN HER
NEIGHBORHOOD, AND SHE'LL SPEAK
TO THAT. AND SHE'S THE FOUNDER
OF KIDSAFE CALIFORNIA. ALSO WITH
ME TODAY IS BUTTE COUNTY
DISTRICT ATTORNEY MICHAEL RAMSEY
TO TESTIFY IN SUPPORT OF THE
BILL. AND HE HAS SIGNIFICANT
COMTE INVESTMENT AND EXPERIENCE
IN THIS ISSUE. AS WELL. I THINK
FIRST UP WILL BE SARAH THOMPSON.
YOU WILL HAVE TWO MINUTES. THANK
YOU. THANK YOU FOR HAVING ME
THIS MORNING. I WANT TO SAY THIS
REALLY SHOULD BE A BIPARTISAN
BILL. IT'S BASED ON COMMON SENSE
. SO THANK YOU TO THOSE WHO ARE
PARTICIPATING IN FIGHTING TO
MAKE THESE COMMON SENSE CHANGES.
A FEW YEARS AGO, MY FAMILY WAS
FORCED BECAUSE OF POORLY WRITTEN
LAWS TO FIGHT AGAINST SEXUALLY
VIOLENT PREDATORS, FOR MOVING
INTO A HOME DIRECTLY ACROSS THE
STREET FROM US. NOW, I'M NOT
GOING TO GIVE YOU THE TYPICAL
I'M A MOTHER, PLEASE LISTEN TO
ME SPIEL TODAY. WHAT I'M
ACTUALLY ASKING IS A PLEA FOR
HUMAN DECENCY. THESE TWO MEN
THAT WERE PROPOSED TO LIVE IN A
HOME DIRECTLY ACROSS ARE THE
WORST OF THE WORST. ONE HAD BEEN
INCARCERATED FOR AT LEAST A
DECADE, HAD ATTEMPTED TO KILL A
GAY COUPLE, RAPED A SENIOR
GRANDMOTHER AT KNIFEPOINT. HE
HAD NO REMORSE, AND REFUSED TO
PARTICIPATE IN THE STATE THERAPY
PROGRAMS BECAUSE IN OUR STATE,
THOSE ARE NOT NECESSARY TO
ATTEND AND YOU STILL ARE
RELEASED. THE SECOND MAN HAD
BEEN INCARCERATED FOR 30 YEARS,
HAD COMMITTED ARSON, KILLED
ANIMALS, KIDNAPED A JUDGE AND
ADMITTED TO KIDNAPING AND
ATTACKING SEVERAL HUNDRED PEOPLE
WITH EITHER A GUN OR A KNIFE. HE
IS DIAGNOSED WITH SCHIZOPHRENIA,
MANIC DISORDER, AND IS A SEXUAL
SADIST. BOTH OF THESE MEN HAVE
BEEN DIAGNOSED WITH SEVERE
MENTAL DISORDERS AND WILL
FOREVER NEED MEDICAL TREATMENT.
THE AREAS THESE MEN WERE BEING
PROPOSED TO LIVE IN ARE VERY
RURAL, WITH A MINIMUM OF TWO
HOURS FOR MEDICAL TREATMENT, AND
THEN THEY ARE EXPECTED TO
REINTEGRATE INTO SOCIETY BY
GETTING A JOB. THESE SMALL TOWNS
WHERE EVERYONE KNOWS WHO YOU ARE
, HAVE REFUSED TO HIRE THESE
MEN, WHICH TARGETS THEM EVEN
MORE. WHEN YOU REALLY THINK
ABOUT IT, NONE OF THIS MAKES
SENSE, WHICH IS WHY I'M SAYING
WE NEED THIS BILL BASED ON
COMMON SENSE. THERE IS NO
OVERSIGHT OTHER THAN WITH
LIBERTY HEALTH CARE, AND THEY
ONLY CARE ABOUT MONEY THE
DEPARTMENT OF HEALTH NEEDS TO BE
HELD RESPONSIBLE AND HAVE SOME
INVOLVEMENT IN THESE PLACEMENTS.
CURRENTLY THERE ARE TWO SVP'S
LIVING IN JACUMBA HOT SPRINGS,
WITH ANOTHER ON THE BOOKS TO BE
RELEASED OR PLACED SOON. THIS
BEAUTIFUL COMMUNITY THAT USED TO
BE A TRAVEL DESTINATION FOR THE
HOT SPRINGS NOW APPEARS TO BE A
DESTINATION FOR SEXUALLY VIOLENT
PREDATORS. THEY DESERVE THE
APPROPRIATE MEDICAL TREATMENT,
AND THE PROFITING OF THE
HOMEOWNERS WHO ARE CHARGING
TAXPAYERS 3 TO 4 TIMES NORMAL
RENT IS NOT HELPING, ESPECIALLY
WITH THE HOUSING SHORTAGE IN
THESE COMMUNITIES. IT'S ALSO
ALLOWING LIBERTY TO TARGET LOW
INCOME NEIGHBORHOODS WHERE THE
MAJORITY OF THESE RESIDENTS
DON'T EVEN HAVE THE OPPORTUNITY
TO KNOW WHAT'S GOING ON. I'M
COMING TO YOU AS A HUMAN BEING
AND ASKING THAT WE VOTE USING
COMMON SENSE AND SUPPORT THESE
MEN, IN SOME APPROPRIATE MEDICAL
TREATMENT FACILITIES. THANK YOU
FOR YOUR TIME. THANK YOU. GOOD
MORNING, MADAM CHAIRMAN AND
SENATORS, I'M MIKE RAMSEY. I'VE
BEEN A PROSECUTOR NOW FOR 46
YEARS AND HAVE BEEN THE ELECTED
DISTRICT ATTORNEY OF BUTTE
COUNTY FOR 36 YEARS. I'M HERE TO
SUPPORT SENATOR JONES SAFE ACT,
PARTICULARLY THE Ã. THE
ACCOUNTABILITY PART. I'M A
STRONG SUPPORTER OF CALIFORNIA'S
SEXUALLY VIOLENT PREDATOR ACT
AND THE PROGRAM, WHICH IS
CAREFULLY CRAFTED PROGRAM TO
MAKE SURE THAT MENTALLY ILL AND
DANGEROUS PEOPLE DO NOT PREY ON
INNOCENT VICTIMS. HOWEVER, AN
IMPORTANT PART OF THAT PROGRAM,
AS INDICATED, IS WHEN AN SVP
SEXUALLY VIOLENT PREDATORS
DETERMINED TO BE READY TO BE
RELEASED FOR TREATMENT AS AN
OUTPATIENT AT THE COMMUNITY INTO
WHICH THAT SVP IS PLACED.
HOWEVER, IT DESERVES TO KNOW
THAT COMMUNITY SAFETY IS THE
PRIORITY PERSON THAT IS MAKING
THAT RECOMMENDATION TO PLACE THE
PERSON THERE, AND THAT CURRENTLY
IS LIBERTY HEALTH, WHICH IS A
VENDOR OF THE STATE HOSPITAL.
THE STATE HOSPITALS HAVE
CONTRACTED AWAY THEIR
RESPONSIBILITY TO FIND
APPROPRIATE AND SAFE HOUSING TO
THAT VENDOR. IT'S BEEN BUTTE
COUNTY'S UNFORTUNATE EXPERIENCE
WITH LIBERTY HEALTH THAT THEIR
INVESTIGATIVE NATURE AND THESE
VARIOUS HOUSES HAS BEEN LESS
THAN STERLING AND WE POINT TO A
PARTICULAR PERSON, A SVP, THAT
WAS RELEASED TO OUTPATIENT OR
WAS GOING TO BE RELEASED
OUTPATIENT BY THE SANTA CRUZ
SUPERIOR COURT, 2019 COULD NOT
FIND A PLACE IN SANTA CRUZ, SO
STARTED LOOKING IN BUTTE COUNTY,
FOUND A SISTER OF THAT SVP AND
APPROACHED HER WITH A LUCRATIVE
OFFER TO PLACE THAT BROTHER IN A
RV ON HER PROPERTY WITH
SUPPOSEDLY 24 HOUR SECURITY
PERSONNEL TO ALSO BE ON THAT
PROPERTY. THE TURNED OUT THAT
WAS A FALSE OFFER. THAT WAS ALSO
OF IMPORTANCE THAT THAT THE
HOUSING REPORT BY THE
INVESTIGATORS FOR LIBERTY HEALTH
INDICATED THIS WAS AN
APPROPRIATE LOCATION AWAY FROM
SCHOOLS, THAT IT WAS SOME 17.
THE HOUSE WAS SOME 1740 TWO FEET
AWAY FROM THE SISTER'S HOUSE.
TRUE, IF YOU DRIVE ON RURAL
MOUNTAIN COUNTY ROADS FROM THE
HOUSE TO THE SCHOOL. HOWEVER THE
PROBLEM WAS IT WAS ONLY 350 FOOT
WALK FROM THE BACK OF THE HOUSE
TO THE SCHOOL. ALSO GPS, WHICH
IS AN IMPORTANT PART OF KEEPING
A PERSON. YES, KEEPING THE
PERSON UNDER CONTROL. THERE WAS
NO GPS AS LIBERTY HEALTH SAID
WAS IN THE AREA. THANK YOU.
YOU'RE WELCOME. DO WE HAVE ANY
OTHER INDIVIDUALS IN SUPPORT?
PLEASE STATE YOUR NAME, YOUR
ORGANIZATION AND THAT YOU
SUPPORT LIEUTENANT JULIO DELEON
ON BEHALF OF, RIVERSIDE COUNTY
SHERIFF CHAD BIANCO AND SUPPORT.
THANK YOU. GOOD MORNING, CHRIS
AND ALLISON, ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION, IN SUPPORT. ALL
RIGHT. DO WE HAVE ANY OPPOSITION
WITNESSES? LEAD OPPOSITION. Dð
COONEY WITH ACLU CALIFORNIA
ACTION. WE ARE OPPOSED TO THIS
BILL AS WRITTEN, SB 1040 1074
CREATES NEW BARRIERS TO
COMMUNITY PLACEMENT FOR A PERSON
CONDITIONALLY RELEASED AS AN SP
OR UNDER THE SEXUALLY VIOLENT
PREDATOR ACT. THESE INDIVIDUALS
HAVE ALREADY BEEN FOUND TO NO
LONGER POSE A DANGER TO THE
COMMUNITY BY A COURT, AND
FURTHER DELAYING THEIR RELEASE
IS NOT ONLY COSTLY, UNFAIR AND
HARMFUL, IT COULD RESULT IN
CALIFORNIA'S SVP LAW BEING FOUND
UNCONSTITUTIONAL. WE HAVE VERY
SERIOUS CONCERNS ABOUT THE
RAMIFICATIONS OF THIS BILL, AND
FOR THOSE REASONS, WE REMAIN IN
OPPOSITION. THANK YOU, THANK
YOU. DO WE HAVE ANY OTHER LEAD
OPPOSITION WITNESSES? GOOD
MORNING, MADAM CHAIR. COMMITTEE
MEMBERS, MY NAME IS MICHAEL I.
I'M AN ATTORNEY HERE IN
SACRAMENTO IN PRIVATE PRACTICE.
I'M HERE ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION, OF WHICH I'M A
MEMBER, I AM PROBABLY THE
LONGEST CONTINUOUS SVP LAWYER IN
THE STATE OF CALIFORNIA. MY
FIRST CASE WAS IN MARCH OF 1996.
THIS BEGAN IN JANUARY OF 1996.
SO I'VE HAD A LOT OF EXPERIENCE
IN THIS AREA. I AM OPPOSED TO
THIS FOR A NUMBER OF REASONS.
ONE, IF YOU LOOK AT THE HISTORY
OF THE SVP ACT AND LOOK AT THE
PROVISIONS OF 6607, WHICH
DIRECTS THE DIRECTOR OF THE
DEPARTMENT, DEPARTMENT OF STATE
HOSPITALS, AND NOW THE
DEPARTMENT OF MENTAL HEALTH TO
OR THE DEPARTMENT, MENTAL
HEALTH, DEPARTMENT OF STATE
HOSPITALS. I KEEP GETTING THAT
BACKWARDS OVER THE YEARS.
DIRECTS HIM TO, AUTHORIZE A
PERSON WHO IS READY FOR RELEASE
TO BE RELEASED. THIS
RECOMMENDATION HAS NEVER BEEN
MADE. THERE HAVE BEEN 2006 SVP
COMMITTED TO THE DEPARTMENT
BETWEEN 1996 AND THE OCTOBER 26,
THE LAST YEAR. THOSE ARE MY MOST
CURRENT FIGURES. OF THAT NUMBER,
55 HAVE BEEN RELEASED ON
COMMUNITY ON COMMUNITY RELEASE
CONREP AND THAT'S LESS THAN 3%
OF THE INDIVIDUALS COMMITTED TO
THE PROGRAM. VERY FEW MAKE IT
THROUGH. IT'S VERY HARD TO DO,
AND YOU CAN LOOK AT ANYBODY'S
HISTORY WHO HAS BEEN IN THE SVP
PROGRAM, AND YOU CAN SAY THIS IS
A VERY BAD PERSON. HE'S DONE A
LOT OF BAD THINGS BECAUSE YOU
LOOK AT THE HISTORY, THAT'S WHAT
GOT HIM THERE. OKAY TO BE
MOTIVATED ENOUGH TO GET THROUGH
THE PROGRAM, THOUGH, IS
SOMETHING ELSE AGAIN. AND EVEN
WHILE ALL THE CLINICIANS IN THE
PROGRAM MAY SUPPORT SOMEBODY'S
RELEASE, THE DIRECTOR HAS
REFUSED TO RECOMMEND CONDITIONAL
RELEASE OR UNCONDITIONAL
RELEASE. OUR FEAR IS THAT WITH
THE NEW GIVING, THE DIRECTOR THE
RESPONSIBILITY THAT NO ONE WILL
BE AUTHORIZED TO RELEASE THE
BIGGEST ISSUE RIGHT NOW IN THE
SVP COMMUNITY, K¾T IN TERMS OF,
OF DEFENSE AND ISSUES, IS THE
DUE PROCESS ISSUE OF KEEPING
THESE PEOPLE IN THE HOSPITAL
LONGER THAN NEEDED. THANK YOU,
DO WE HAVE ANY OTHER OPPOSITION
WITNESSES? STATE YOUR NAME, YOUR
ORG, AND THAT YOU OPPOSE. GOOD
MORNING. MY NAME IS AUDACIA
GREEN. ON BEHALF OF THE ELLA
BAKER CENTER FOR HUMAN RIGHTS
AND RESPECTFUL OPPOSITION TO
THIS BILL. MARSHALL ALLER, ON
BEHALF OF ROOT AND REBOUND, AND
WE ARE RESPECTFULLY OPPOSED.
MARCO. JORGE, ALSO, ON BEHALF OF
THE CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION, IN OPPOSITION.
THANK YOU. SUE KIM, ON BEHALF OF
UNCOMMON LAW AND OPPOSITION.
THANK YOU. SEEING NO OTHER
COMMENTARY, WE WE'RE GOING TO
MOVE OVER TO COMMITTEE MEMBERS,
COMMITTEE MEMBERS, SENATOR
SARDO. ALL RIGHT, THANK YOU FOR
THE BILL. AND, I HAVE A LOT OF
COMPLAINTS IN MY OFFICE ABOUT
THIS PARTICULAR ISSUE. SO
SOMETHING ISN'T WORKING IN THE
SYSTEM, YOU HEAR, YOU KNOW, A
LOT OF THE OPPOSITION IS ABOUT,
PEOPLE WHO ARE TRYING TO TRYING
TO PROTECT THE RIGHTS OF PEOPLE
WHO HAVE PREYED UPON OTHERS. AND
IN THE MEANWHILE, WHAT'S BEING
PUSHED ASIDE HERE IS THE RIGHTS
OF PEOPLE TO LIVE IN
NEIGHBORHOODS THAT ARE SAFE FOR
THEM AND SAFE FOR THEIR
COMMUNITY. THEY ARE BEING
TERRORIZED, CAUSED BY ALL OF
THESE PEOPLE, THAT CAN'T FOLLOW
THE RULES. AND WHILE I AM ALL
FOR TRYING TO HELP THOSE PEOPLE
AND ENSURE THAT, YOU KNOW, IN
CASES LIKE THIS, IF AND WHEN
THEY EVER SHOULD BE RELEASED,
THAT, THEY ARE FULLY CAPABLE OF
FUNCTIONING LIKE A LAW ABIDING
CITIZEN SHOULD AND BE RESPECTFUL
OF OTHER PEOPLE THAT ARE OUT
THERE IN THE IN THE GENERAL
PUBLIC. A LOT OF THESE PEOPLE
DON'T. AND THAT'S WHY WE KEEP
HAVING THESE PROBLEMS OVER AND
OVER. I HAD A SEXUALLY VIOLENT
PREDATOR THAT LIVED ACROSS THE
STREET FROM ME. HE WOULD GET
ARRESTED. HE'D GO TO GET HELP,
AND THEN HE'D BE RELEASED, AND
THEN HE'D GO DO IT AGAIN. AND
THEN THE SAME THING WOULD
HAPPEN, AND HE'D DO IT AGAIN AND
AGAIN. SO THE SYSTEM TO HELP
THESE PEOPLE IS NOT WORKING AND
PUTTING THEM SQUARE IN THE
MIDDLE OF A NEIGHBORHOOD TO
FIGURE OUT OR TO ALLOW IT TO
HAPPEN AGAIN, BECAUSE THAT
PERSON SHOULD HAVE THE RIGHT TO
TRY TO GET BETTER. YOU KNOW
WHAT? A LOT OF TIMES PEOPLE GET
OUT THERE AND THEY DO FOOL THE
PEOPLE THAT ARE TRYING TO TREAT
THEM. THEY KNOW WHAT THEY'RE
SUPPOSED TO SAY. THE SAME THINGS
HAPPEN ON PAROLE. THEY KNOW WHAT
THEY'RE SUPPOSED TO SAY. SO THEY
SAY IT. THEY KNOW WHAT THEY'RE
SUPPOSED TO DO. SO THEY DO IT.
AND THE MINUTE THEY GET OUT
THERE, WHAT DO THEY DO? THEY
REOFFEND AGAIN. SO AT SOME POINT
WE'RE GOING TO HAVE TO START,
REFOCUSING A LITTLE BIT ON THE
PUBLIC SAFETY PART OF WHAT WE'RE
SUPPOSED TO BE DOING AND STOP
BEING SO OBSESSED WITH, WITH
MAKING SURE THAT THE PEOPLE THAT
CAN'T GET ALONG, THAT ARE
PREYING ON OTHER PEOPLE HAVE ALL
THE RIGHTS WE NEED TO MAKE OUR
NEIGHBORHOODS SAFE AGAIN. AND
BILLS LIKE THIS ARE WHAT THAT IS
ATTEMPTING TO DO. IT'S NOT
UNDOING THE PROCESS TO HELP
THESE OTHER FOLKS THAT JUST
CAN'T GET ALONG WITH EVERYBODY,
AND THAT JUST INSIST ON PREYING
ON OTHER PEOPLE. ALL IT'S DOING
IS KEEPING US SAFE WHILE THEY
FIGURE OUT A WAY TO DO IT. THAT
DOESN'T MAKE US LESS SAFE. AND
THE LAW ABIDING CITIZENS OUT
THERE LESS SAFE. SO I'LL BE
SUPPORTING THIS BILL AND I'LL
MOVE THE BILL. THANK YOU. THANK
YOU, THANK YOU. SENATOR, WOULD
YOU LIKE TO CLOSE? SURE YES,
THANK YOU VERY MUCH. AND I
SHOULD HAVE HAD IN MY OPENING
REMARKS. THANK YOU, MRS.
THOMPSON, FOR REMINDING ME THAT
THIS IS A BIPARTISAN BILL, ALSO
BICAMERAL. WE'VE GOT SEVERAL
COAUTHORS ON THIS BILL. IT IS
INCREDIBLY IMPORTANT ISSUE FOR
CONSTITUENTS THROUGHOUT THE
STATE, ONE OF THE COMMENTS MADE
BY THE SECOND, WITNESS IN
OPPOSITION TALKING ABOUT
RESPONSIBLE, WELL, THAT'S THE
STATE BEING RESPONSIBLE. THAT'S
THE ENTIRE PURPOSE OF THE BILL
IS TO MAKE THE STATE RESPONSIBLE
FOR THE DECISIONS IT'S MAKING
WHEN THEY'RE RELEASING SB, ON
THIS CON REP PROGRAM, ONE OF THE
THINGS I WOULD LIKE TO POINT OUT
IS, AS SOME OF THE SENATORS ON
THE COMMITTEE WILL REMEMBER,
THAT THIS IS BEEN BROUGHT TO
THIS COMMITTEE A COUPLE OF TIMES
BEFORE BY MYSELF AND OTHER TIMES
BEFORE THAT. WE TOOK IN THE
COMMENTS, AND THE CONCERNS FROM
LAST YEAR'S BILL PRESENTATION TO
CRAFT THIS BILL AND, AND REALLY
REMOVE WHAT WE THOUGHT WERE SOME
OF THE MORE CONTENTIOUS PARTS OF
THE BILL. I'LL JUST EXPLAIN REAL
QUICK WHAT WE REMOVED. WE'RE NO
LONGER MANDATING THAT THE
DEPARTMENT OF STATE HOSPITALS
DIRECTOR REPORT HOW MANY SVP'S
ARE IN EACH COUNTY. WE'RE NO
LONGER ASKING THE GOVERNOR'S
ADMINISTRATION TO SURVEY
INVENTORY FOR APPROPRIATE
PLACEMENTS ON STATE PROPERTY.
AND WE'RE NO LONGER PROHIBITING
SVP'S NEAR INDIAN RESERVATIONS,
WHICH I THINK THOSE ARE ALL
IMPORTANT THINGS FOR THE
COMMITTEE TO CONSIDER THAT WE
ARE LISTENING TO THE INPUT OF
THE COMMITTEE. WE ARE LISTENING
TO THE INPUT OF THE OPPOSITION
AND TRYING TO COME UP WITH A
BILL THAT MAKES SENSE FOR ALL OF
US. THE STATE IS RESPONSIBLE FOR
KEEPING ITS CITIZENS SAFE, AND
THE DEPARTMENT OF STATE
HOSPITALS HAS BEEN DUCKING THEIR
RESPONSIBILITY AND PASSING ALONG
TO A NON-GOVERNMENT CONTRACTOR.
SB 1074 HOLDS THE DEPARTMENT OF
STATE HOSPITALS ACCOUNTABLE FOR
THE PLACEMENT OF SPS AND
PREVENTS THE DEPARTMENT FROM
OFFLOADING ITS DUTY ONTO PRIVATE
COMPANIES THAT PRIORITIZE
PROFITS. I ASK FOR YOUR AYE VOTE
THIS MORNING. THANK YOU, THANK
YOU. WE HAVE A MOTION BY SENATOR
SARDO. CAN WE CALL ROLL SB 1074?
THE MOTION IS DUE PASSED TO
APPROPRIATIONS. WAHAB AYE. AYE.
SATO. SATO. AYE. BRADFORD
SKINNER. WIENER THANK YOU. THAT
BILL IS ON CALL. THANK YOU. I
APPRECIATE IT. SENATOR NEWMAN
.
SENATOR NEWMAN, THE FLOOR IS
YOURS. THANK YOU, THANK YOU.
MORNING, MADAM CHAIR AND
MEMBERS. THANK YOU FOR THE
OPPORTUNITY TO PRESENT SB 1416,
WHICH CREATES A SET OF
ESCALATING ENHANCEMENTS FOR
MIDDLEMEN WHO ARE FOUND GUILTY
OF PROFITING FROM THE SALE
EXCHANGE, RETURN, OR ATTEMPTED
RESALE OF ITEMS OBTAINED THROUGH
ORGANIZED RETAIL THEFT. BEFORE I
BEGIN, LET ME APOLOGIZE FOR ANY
CONFUSION AROUND POSSIBLE
AMENDMENTS AND THANK COMMITTEE
STAFF FOR BOTH THEIR PATIENCE
AND THEIR CUSTOMARY VERY GOOD
WORK. ORGANIZED RETAIL THEFT
OPERATIONS OFTEN INVOLVE
MULTIPLE INDIVIDUALS
COLLABORATING IN A COORDINATED
EFFORT TO OBTAIN STOLEN
MERCHANDISE FROM MULTIPLE
STORES, THEREBY MAXIMIZING THE
AMOUNT OF STOLEN GOODS
AGGREGATED FOR EVENTUAL RESALE.
IN RECENT YEARS, ORGANIZED
RETAIL CRIME OPERATIONS HAVE
INCREASINGLY TARGETED SPECIFIC
TYPES OF MERCHANDISE WITH HIGH
RESALE VALUE, FOR WHICH THERE IS
DEMONSTRATED DEMAND. SUCH ITEMS
OFTEN INCLUDE ELECTRONICS
DESIGNER CLOTHING,
PHARMACEUTICALS, BABY FORMULA,
DIAPERS, RAZOR BLADES, AND
MAKEUP PRODUCTS. THE ORGANIZED
RETAIL THEFT IS DEFINED UNDER
CALIFORNIA PENAL CODE SECTION
490.4, INCLUDES ANYONE WHO ACTS
IN CONCERT WITH ONE OR MORE
PERSONS TO STEAL MERCHANDISE
FROM ONE OR MORE MERCHANTS
PREMISES OR ONLINE MARKETPLACES
WITH THE INTENT TO SELL,
EXCHANGE OR RETURN THE
MERCHANDISE FOR VALUE. ONE
DISCONCERTING BYPRODUCT OF THE
INTERSECTION OF THE EVOLUTION OF
SOCIAL MEDIA AND THE RISE OF
ONLINE MARKETPLACES IS THE EASE
WITH WHICH INDIVIDUALS OR
SYNDICATES CAN EFFECTIVELY
COORDINATE THE ACTIVITIES OF
OTHERS TO STEAL, AGGREGATE, AND
THEN RESELL STOLEN GOODS AT
LEVELS OF SCALE WHICH HAD BEGUN
TO COMPETE WITH THE LEGITIMATE
BUSINESSES FROM WHICH THESE
GOODS ARE OFTEN STOLEN IN THE
FIRST PLACE. AS EXAMPLE,
CONSIDER A RECENT CASE IN
SOUTHERN CALIFORNIA WHERE A
COUPLE AND EIGHT ACCOMPLICES
WERE ARRESTED IN CONNECTION WITH
THE THEFT OF AN ESTIMATED $8
MILLION WORTH OF BEAUTY PRODUCTS
FROM TWO LEADING SPECIALTY
RETAILERS. IN ADDITION TO THE
SCALE OF THE OPERATION. WHAT
MADE THIS BUST ESPECIALLY
NOTEWORTHY WAS THE FACT THAT
WHILE THE STOLEN GOODS WERE
BEING FENCED OUT OF THE SAN
DIEGO AREA, THE VAST MAJORITY OF
THE MERCHANDISE BEING STOLEN AND
THEN RESOLD WAS ORIGINALLY
STOLEN FROM STORES IN ALAMEDA,
CONTRA COSTA, NAPA AND MARIN
COUNTIES BY INDIVIDUALS
RECRUITED AND COORDINATED
THROUGH SOCIAL MEDIA AND OTHER
ELECTRONIC MEANS. WHEN THE
ARRESTING OFFICERS SEARCHED THE
COUPLE'S SAN DIEGO MANSION, THEY
FOUND AT LEAST $400,000 WORTH OF
MAKEUP STILL IN ITS MANUFACTURED
PACKAGING THAT HAD BEEN STORED,
ORGANIZED AND THEN PREPARED FOR
IMMINENT SHIPMENT TO CUSTOMERS
WHO HAD PURCHASED THE
MERCHANDISE AT IMPRESSIVELY
DISCOUNTED PRICES ON AMAZON
UNDER THE PROVISIONS OF AB 1065.
IN 2017, AND LATER EXTENDED
THROUGH SUBSEQUENT RECENT
LEGISLATION, CHP AND
CONSULTATION WITH THE DEPARTMENT
OF JUSTICE HAS DEVELOPED TASK
FORCES TO WORK WITH ALLIED
AGENCIES AND AFFECTED
DISTRIBUTORS, SHIPPERS, AND
RETAILERS TO COMBAT ORGANIZED
RETAIL THEFT ACROSS THE STATE.
THE ENHANCEMENTS, CREATED BY SB
1416 WILL ADD ANOTHER SET OF
TOOLS IN SUPPORT OF THAT
IMPORTANT WORK. UNDER ITS
PROVISIONS, A PERSON FOUND
GUILTY OF OPERATING A FENCING
OPERATION TO DISPOSE OF GOODS
SECURED THROUGH ORGANIZED RETAIL
THEFT WILL BE SENTENCED TO AN
ADDITIONAL TERME OF ONE YEAR IN
PRISON IF THE PROPERTY VALUE
EXCEEDS $50,000, TWO ADDITIONAL
YEARS IF THE VALUE OF THE STOLEN
PROPERTY EXCEEDS $200,000, THREE
ADDITIONAL YEARS IF THE VALUE OF
THE STOLEN PROPERTY EXCEEDS $1
MILLION, AND FOUR ADDITIONAL
YEARS IF THE VALUE OF THE
PROPERTY EXCEEDS $3 MILLION.
THIS BILL IS A COMPONENT OF THE
SENATE'S WORKING TOGETHER FOR A
SAFER CALIFORNIA PACKAGE. BY
ENHANCING THE CRIMINAL PENALTIES
ASSOCIATED WITH ORGANIZED RETAIL
THEFT, SB 1416 WILL BETTER
SAFEGUARD CALIFORNIA'S
BUSINESSES BY DETERRING THOSE
WHO WOULD HOPE TO PROFIT FROM
ORGANIZED RETAIL THEFT. WITH ME
TO TESTIFY TODAY IS RYAN ELAINE
FROM THE CALIFORNIA RETAIL
ASSOCIATION, AND I BELIEVE
JONATHAN FELDMAN, ON BEHALF OF
THE CALIFORNIA POLICE CHIEFS
ASSOCIATION, WHO MAY BE Ó HE'S
RIGHT THERE. YOU'RE BACK FROM
YOUR OTHER HEARING. WELCOME,
BOTH OF YOU, THANK YOU, SENATOR
NEWMAN. MADAM CHAIR, COMMITTEE
MEMBERS, MY NAME IS RYAN ELAINE,
DIRECTOR OF GOVERNMENT AFFAIRS
WITH THE CALIFORNIA RETAILERS
ASSOCIATION. AND WE'RE PLEASED
TO SUPPORT SB 1416, WHICH, AS
THE AUTHOR JUST EXPLAINED, WOULD
CREATE SENTENCING ENHANCEMENTS
FOR ATTEMPTING TO SELL, EXCHANGE
OR RETURN FOR VALUE, ANY
PROPERTY ACQUIRED THROUGH ONE OR
MORE ACTS OF SHOPLIFTING, THEFT
OR BURGLARY FROM RETAIL
BUSINESS, ORGANIZED RETAIL THEFT
HAS PLAGUED THE RETAIL INDUSTRY
AND OUR COMMUNITIES AND
COMMUNITIES IN RECENT YEARS. IT
HAS FORCED RETAILERS TO SPEND
MILLIONS ANNUALLY ON SECURITY
MEASURES SUCH AS GUARDS, CAMERAS
AND STORE REDESIGNS. RETAIL
EMPLOYEES AND CUSTOMERS ARE
INCREASINGLY FEELING UNSAFE, AND
THE SIMPLE ACT OF SHOPPING HAS
BECOME A BURDEN HAS BECOME
BURDENSOME FOR MANY. SB 1416
PROMOTES PUBLIC SAFETY, PROPERTY
CRIMES SUCH AS SHOPLIFTING AND
THEFT ARE NOT VICTIMLESS CRIMES.
THEY THEY JEOPARDIZE THE SAFETY
AND RETAIL WORKERS AND CUSTOMERS
CREATE AN ATMOSPHERE OF FEAR AND
MISTRUST AND CONTRIBUTE TO THE
PROLIFERATION OF ORGANIZED
RETAIL CRIME BY CRACKING DOWN ON
THE SALE OF STOLEN PROPERTY. WE
HELP SAFEGUARD OUR COMMUNITIES.
UNFORTUNATELY, ORGANIZED RETAIL
THEFT PAYS. IT'S A LOW RISK,
HIGH REWARD SCHEME. THE UNLAWFUL
ACQUISITION AND RESALE OF STOLEN
GOODS PERPETUATES A CYCLE OF
PROFITABLE CRIMINAL ACTIVITY
THAT UNDERMINES THE INTEGRITY OF
RETAIL, OF THE RETAIL
ENVIRONMENT AND ERODES CONSUMER
TRUST. TO COMBAT THIS REALITY,
WE NEED TO ENHANCE PENALTIES FOR
PROLIFIC OFFENDERS PROFITEERING
OFF OF STOLEN GOODS BY IMPOSING
STRICTER PENALTIES FOR THOSE
ATTEMPTING TO PROFIT FROM STOLEN
MERCHANDISE. SB 1416 SERVES AS A
DETERRENT AGAINST RETAIL CRIME.
IT SENDS A CLEAR MESSAGE TO SUCH
ILLICIT ACTIVITIES WILL NOT BE
TOLERATED, THEREBY HELPING TO
PROTECT BUSINESSES, BUSINESSES,
CONSUMERS AND COMMUNITIES FROM
THE ADVERSE EFFECTS OF CRIMINAL
BEHAVIOR. SB 1416, PAIRED WITH
THE PACKAGE OF OTHER MEASURES,
MEASURES INTRODUCED IN THE STATE
LEGISLATURE WILL HELP KEEP OUR
EMPLOYEES, OUR CUSTOMERS, AND
OUR NEIGHBORHOODS AND OUR
NEIGHBORHOODS RETAILERS OPERATE
IN SAFE FROM THIS CRIMINAL
ACTIVITY. THANK YOU. THANK YOU.
THANK YOU. CHAIR MEMBERS
JONATHAN FELDMAN, CALIFORNIA
POLICE CHIEFS ASSOCIATION, IN
SUPPORT OF THE BILL, YOU KNOW,
RETAIL THEFT, LIKE ANY STATEWIDE
ISSUE OF THIS MAGNITUDE, IS
EMBEDDED IN MANY DIFFERENT
POLICY PROBLEMS THAT NEED TO BE
RESOLVED THROUGH STATUTORY
SOLUTIONS. AND WE DO BELIEVE
THAT SB 1416 IS ONE OF THOSE
SOLUTIONS. USING TARGETED
PENALTY ENHANCEMENTS AGAINST
MAJOR CRIMINAL OPERATIONS WILL
HELP REDUCE THE NUMBER OF TOTAL
THEFTS AND REDUCE THE NUMBER OF
OR THE VALUE OF STOLEN GOODS,
WHICH HAS ONLY GONE UP SINCE
2014 AND HAS DOUBLED SINCE THAT
YEAR. AS REPORTED BY THE
CALIFORNIA DEPARTMENT OF JUSTICE
, YOU KNOW, WE DO THINK THAT WE
NEED TO FOCUS ON A COMPREHENSIVE
SOLUTION TO THIS ONGOING
PROBLEM. YOU KNOW, BOTH FROM THE
PREVENTATIVE AND DETERRENT SIDE,
BUT ALSO THROUGH ENHANCEMENTS
AND SUPERVISION, ON THE PENALTY
AND CONSEQUENCE SIDE, AND AGAIN,
WE BELIEVE THAT SB 1416 IS PART
OF THAT SOLUTION PACKAGE THAT IS
NEEDED. AND FOR THAT REASON WE
ARE IN SUPPORT AND ASK FOR AN
AYE VOTE. THANK YOU. DO WE HAVE
ANY OTHER ME TWOS IN SUPPORT?
PLEASE STATE YOUR NAME, YOUR ORG
AND THAT YOU SUPPORT. GOOD
MORNING, MADAM CHAIR AND
COMMITTEE MEMBERS. I'M ZACH
SCHEFFLER WITH THE LEAGUE OF
CALIFORNIA CITIES AND SUPPORT.
THANK YOU. ALL RIGHT. SEEING NO
OTHER MEMBERS IN SUPPORT CAN WE
MOVE ON TO OPPOSITION LEAD
OPPOSITION WITNESSES. SEEING
NONE, APPRECIATE IT. WE'LL TURN
IT OVER TO COMMITTEE MEMBERS.
OKAY ALL RIGHT. SEEING NONE.
WOULD YOU LIKE TO CLOSE,
SENATOR, I APPRECIATE IT. AGAIN.
I WANT TO APOLOGIZE FOR THE BACK
AND FORTH ON THE PROSPECTIVE
AMENDMENTS, THE THINKING THERE
WAS, YOU KNOW, WE'RE EFFECTIVELY
ADDING A NEW ENHANCEMENT THAT'S
ROUGHLY SIMILAR TO AN EXISTING,
SET OF PENAL CODE PROVISIONS
THAT WERE ALLOWED TO SUNSET. SO
IT DIDN'T MAKE SENSE AT THE TIME
TO ADJUST FOR INFLATION,
SOMETHING WHICH WAS INTENDED AS
A DETERRENT. SO THIS, AGAIN, IS
PART OF A LARGER PACKAGE TO
ADDRESS RETAIL THEFT IN
CALIFORNIA. I RESPECTFULLY ASK
FOR YOUR AYE VOTE. THANK YOU. DO
WE HAVE A MOTION? SENATOR
SKINNER? I APPRECIATE THAT THAT
WAS YOU KNOW, THAT CLEARLY THE
BILL THAT THE PROVISIONS THAT
SUNSETTED, I WOULD BE MUCH MORE
COMFORTABLE IF THE, EXCUSE ME IF
THE DOLLAR AMOUNTS WERE ADJUSTED
BECAUSE IT'S REAL THAT, YOU
KNOW, THE PRODUCTS AND GOODS ARE
COST A LOT MORE TODAY, I HAVE
FOR THE ALL THE YEARS I'VE BEEN
ON THE PUBLIC SAFETY COMMITTEE
TRIED TO AVOID ADDING NEW
ENHANCEMENTS BECAUSE
ENHANCEMENTS HAVE NOT. THERE'S
NO EVIDENCE FROM OUR RESEARCH.
AND I ALSO SERVE ON THE PENAL
CODE REVIEW COMMITTEE THAT
ENHANCEMENTS ARE BENEFITING US
OR INCREASING PUBLIC SAFETY. AND
WHEN WE DID INCLUDE THIS BILL IN
THE IN OUR PACKAGE, WHICH I'M
PART OF, IT WAS STILL A SPOT AND
WE DIDN'T HAVE ALL THE DETAILS.
I WOULD BE MUCH MORE COMFORTABLE
IF THE DOLLAR AMOUNTS WERE I,
YOU KNOW, I CAN BE SUPPORTIVE,
BUT I WOULD HOPE THAT THAT YOU
DO LOOK AT THAT. BECAUSE I
APPRECIATE YOUR ANSWER. BUT I
DON'T THINK THE ANSWER IS
ADEQUATE TO THE THING. DID
SUNSET. WE ARE BRINGING IT BACK,
SO I FEEL IT IS APPROPRIATE TO
ADJUST IT TO TODAY'S REALITIES.
AND I SO I WILL SAY CLEARLY, I'M
OPEN TO CONTINUE THAT DISCUSSION
ABOUT ABOUT THE NUMBER, AND
AGAIN, THE, THE I THINK THE
LOGIC HERE WAS TO YOUR POINT, IF
YOU BELIEVE THAT DETERRENCE
WORK. RIGHT. AND I RESPECT YOUR
POINT OF VIEW, THE INTENT OF THE
DETERRENT IS TO CREATE, YOU
KNOW, SORT OF AN ADVERSE
ENVIRONMENT TOWARD THIS KIND OF
RETAIL CRIME. I IT PROBABLY
DOESN'T HAVE A HUGE IMPACT TO
ADJUSTED FOR INFLATION. SO, YOU
KNOW, HAPPY TO CONTINUE THAT
DISCUSSION. THAT IS A POINT. AND
THERE IS A LOT OF DEBATE ABOUT I
MEAN, I THINK THE ENTITIES THAT
ARE DOING THIS ORGANIZED RETAIL,
THAT, IN OTHER WORDS, THAT ARE
WHAT'S THE WORD, WE HAD A RECENT
THERE WAS NEWS REPORTS ABOUT A
COUPLE IN SAN DIEGO THAT HAVE
BEEN PAYING PEOPLE TO STEAL THE
GOODS FOR THEM, AND THEN THEY,
THEY TAKE ALL THE STOLEN GOODS
AND THEN THEY SELL THEM ONLINE.
NOW, YOU KNOW, DO THAT. DOES
THAT COUPLE INSTRUCT THOSE
PEOPLE LIKE, MAKE SURE TO BRING
YOUR CALCULATOR. AND BECAUSE
UNFORTUNATELY NOBODY ADDS UP BY
THEIR HEAD ANYMORE, YOU KNOW,
MAKE SURE BRING YOUR CALCULATOR
I HAVE NO IDEA. RIGHT SOME YOU
HAVE PROPONENTS OF THESE
DIFFERENT MEASURES THAT SAY, OH
YES, THE THIEVES ARE LIKE THEY
KNOW EXACTLY DOLLAR AMOUNTS AND
THEY'RE ALWAYS KEEPING UNDER A
CERTAIN THRESHOLD. YOU KNOW, I
DON'T KNOW. BUT, YOU KNOW, I
WHATEVER. SO YOU'RE RIGHT ABOUT
THE DOLLAR AMOUNTS MAY MAKE
LITTLE DIFFERENCE, BUT IT'S, AND
WHETHER SOMETHING IS A DETERRENT
OR NOT, BUT I JUST THINK IT IS
MORE REFLECTIVE OF THE AND YOUR
POINT IS A GOOD ONE. I THINK
USING THAT AS AN EXAMPLE. SO SO
THE INTENT OF THIS BILL IS TO
ACTUALLY GO CREATE THE TOOLS TO
GO AFTER THE COUPLE, NOT ABOUT
THE FOLKS THAT THEY RECRUIT. AND
I THINK IT'S A SAFE BET THAT THE
COUPLE WHO WAS RUNNING THE
EQUIVALENT OF AN ONLINE BUSINESS
USING AMAZON MARKETPLACE AS
THEIR POINT OF SALE, THEY KNEW
VERY WELL EXACTLY WHAT THEY WERE
LOOKING FOR AND THE SORT OF
AGGREGATE VALUE, ESPECIALLY THE
VALUE OF CUMULATIVE VALUE OVER
TIME. SO WHAT WE'RE TRYING TO
CREATE A TOOL TO GO AFTER THOSE
FOLKS AND CREATE A DISINCENTIVE
FOR THAT ACTIVITY. HOPEFULLY,
YOU KNOW, WHEN APPLIED PROPERLY,
YOU KNOW, THE SAME PROVISION
DOESN'T APPLY TO THE PERSON IN
CONTRA COSTA WHO WENT OUT TO
ULTA AND STOLE THE BEAUTY
PRODUCTS. THAT'S EXISTING LAW
SHOULD COVER THAT. OKAY, SO
SENATOR, YOU CLOSED, CORRECT? I
DID, THEN WE GOT INTO IT. OKAY.
SO WE'RE GOING TO REFRAIN FROM
ANY MORE COMMENTARY. CAN I GET A
MOTION? THANK YOU. SENATOR
WIENER HAS MOVED THE BILL.
EXCUSE ME, SB 1416. THE MOTION
IS Dð PASS TO APPROPRIATIONS.
WAHAB, I SEYARTO I SATO I
BRADFORD SKINNER. WIENER WIENER.
I SKINNER. I SKINNER IS AN I
THANK YOU FOR THAT ENTHUSIASTIC.
I THAT BILL IS ON CALL SENATOR
WE ARE GOING TO MOVE ON TO
SENATOR MENGIBAR. SENATOR
MENGIBAR WILL BE PRESENTING SB
1323. SENATOR, THE FLOOR IS
YOURS. THANK YOU. ONE SECOND.
HERE. YES. GOOD MORNING, MADAM
CHAIR. PUBLIC SAFETY COMMITTEE
MEMBERS IN CALIFORNIA. RIGHT
NOW, THERE IS A MONTHLY
STATEWIDE WAIT LIST, THAT
AVERAGES BETWEEN 200 AND 300
INDIVIDUALS ALLEGED TO HAVE
COMMITTED FELONIES, WHOM THE
COURTS HAVE DEEMED MENTALLY
INCOMPETENT TO STAND TRIAL.
THESE INDIVIDUALS ARE WAITING
FOR A BED TO BECOME AVAILABLE IN
A STATE HOSPITAL. THAT SO THAT
THEY CAN UNDERGO EVALUATION AND
A PROCESS TO RESTORE THEM TO
COMPETENCY. SO SB 1323 IS
SEEKING TO ALIGN WITH THE
RECOMMENDATIONS OF EXPERTS AT
THE COUNCIL OF STATE
GOVERNMENTS, JUSTICE CENTER AND
THE COMMITTEE ON REVISION OF THE
PENAL CODE TO IMPROVE STATE
COMPETENCY TO STAND TRIAL
PROCEDURES FOR THOSE WHO ARE
CHARGED WITH NON VIOLENT
FELONIES. THE STATE AND FEDERAL
CONSTITUTIONS REQUIRE PEOPLE WHO
ARE ACCUSED OF A CRIME TO BE
COMPETENT TO STAND TRIAL,
MEANING THAT THEY HAVE THE
MENTAL CAPACITY TO UNDERSTAND
THE COURT PROCESS AND THE
CHARGES AGAINST THEM. IF A
PERSON IS FOUND INCOMPETENT TO
STAND TRIAL, THE CRIMINAL CASE
REMAINS ON HOLD WHILE THE PERSON
PARTICIPATES AND PARTICIPATES IN
COMPETENCY RESTORATION, WHERE
THE GOAL IS TO PREPARE A PERSON
TO PARTICIPATE IN AND UNDERSTAND
THE COURTROOM PROCESS, NOT TO
PROVIDE LASTING THERAPEUTIC
TREATMENT FOR THOSE WHO ARE
RESTORED TO COMPETENCY. VERY FEW
ARE CONVICTED OF FELONY OFFENSES
AND SENTENCED TO STATE PRISONS.
MOST WILL THEN BE RELEASED TO
THE SAME CONDITIONS THAT LED TO
INCARCERATION, FURTHERING ADDING
TO THE CYCLE OF THEM COMING BACK
AND COMING BACK BECAUSE WE'RE
NOT ADDRESSING THE ISSUES AT
HAND. AT CORE WITH THAT PERSON
RELATED TO POVERTY.
HOUSELESSNESS AND CONTINUED
SERIOUS MENTAL ILLNESS WITHOUT
TREATMENT OR SUPPORT. THAT'S
BECAUSE FOR LOW LEVEL FELONIES,
THE AMOUNT OF TIME NEEDED TO GO
THROUGH THE RESTORATION PROCESS
IS EQUAL TO THE AMOUNT OF TIME
THEY WOULD BE INCARCERATED IF
CONVICTED. SO BY THE TIME THE
RESTORATION PROCESS IS DONE,
THESE INDIVIDUALS ARE QUICKLY
RELEASED TO THE STREETS WITH NO
LONG TERME TREATMENT. RIGHT NOW,
JUDGES HAVE NO CHOICE. ALL
INDIVIDUALS ACCUSED OF A FELONY
WHO ARE FOUND INCOMPETENT TO
STAND TRIAL MUST BE SENT TO
COMPETENCY RESTORATIONS. THEY'RE
FUNNELED THROUGH OUR STATE'S
MOST RESTRICTIVE AND COSTLY
STATE HOSPITAL BEDS AT TIMES
WAITING FOR MONTHS IN A JAIL TO
GET A BED. OUR EXISTING PROCESS
DOES NOTHING TO DISRUPT THIS
CYCLE, SO WE'RE LOOKING TO
CHANGE THAT. IT DOESN'T SERVE
THE VICTIMS AS WELL. SO IT DOES
A FEW THINGS AND IT GETS INTO
THE WEEDS OF IT. SO BEAR WITH
ME. ONE IT WILL REQUIRE MENTAL
HEALTH EXPERTS TO DETERMINE AT
THE BEGINNING OF THE PROCESS IF
A PERSON IS LIKELY TO BE
RESTORED TO COMPETENCY. TWO AND
THERE ARE CASES WHERE EVERYONE
AGREES AT THE OUTSET THAT A
PERSON IS NOT LIKELY TO BE TO BE
RESTORED. FOR EXAMPLE, PEOPLE
WITH DEMENTIA OR CERTAIN BRAIN
INJURIES. JUDGES WILL HAVE THE
DISCRETION TO PLACE THE PERSON
IN CONSERVATORSHIP PROCEEDINGS,
PROCEEDINGS, OR SPECIALIZED
PLACEMENT INSTEAD OF WASTING OUR
RESOURCES ON A PROCESS THAT WILL
NOT WORK, WE WILL ASK JUDGES TO
DETERMINE IF SENDING THE PERSON
FOR RESTORATION OR OF COMPETENCY
IS IN THE INTEREST OF JUSTICE.
IF IT'S NOT IN THE INTEREST OF
JUSTICE, JUSTICE JUDGES WILL
HAVE DISCRETION TO PURSUE OTHER
OPTIONS LIKE TREATMENT THROUGH
MENTAL HEALTH DIVERSION OR
ASSISTED OUTPATIENT TREATMENT,
OR TREATMENT THROUGH OUR CARE
COURT. LASTLY, THE FINAL OPTION
FOR THEM WOULD BE PLACED ON
CONSERVATORSHIP. FINALLY, WE
WILL ALLOW THE JUDGE TO
REINSTATE COMPETENCY PROCEDURES
IF THE PERSON DOES NOT SUCCEED
OR CANNOT BE PLACED IN ANOTHER
TREATMENT OPTION, I WILL NOTE
THAT WE HAVE MET WITH OUR
OPPOSITION. THE ONLY ONE WE HAVE
A CDA. THE DISTRICT ATTORNEY'S
THERE. THE MOST RECENT
AMENDMENTS THAT I HAVE TAKEN TO
ADDRESS THEIR CENTRAL CONCERN,
AND WE'RE COMMITTED TO CONTINUE
WORKING WITH THEM TO ADDRESS THE
REMAINING ISSUES. MADAM CHAIR,
NOW, AT THIS POINT, I'D LIKE TO
TURN TO MY TWO WITNESSES HERE IN
SUPPORT OF THE BILL. FIRST, JOY
HAVILLAND, A SENIOR STAFF
ATTORNEY AT JUST ONE WITNESS,
SORRY, A SENIOR STAFF ATTORNEY
AT THE COMMITTEE ON THE REVISION
OF THE PENAL CODE. THANK YOU.
YOU WILL HAVE TWO MINUTES. THANK
YOU. GOOD MORNING. I'M SENIOR
STAFF COUNSEL AT THE COMMITTEE
ON REVISION OF THE PENAL CODE.
THIS BILL IS BASED ON A
RECOMMENDATION FROM OUR 2022
ANNUAL REPORT TO MODERNIZE THE
COMPETENCY TO STAND TRIAL
SYSTEM. THE CORE COMPONENTS OF
THE FELONY COMPETENCY PROCESS
HAVE NOT BEEN, MODIFIED IN
DECADES, OR THEY'RE LARGELY THE
SAME. AND DURING THAT TIME, IT'S
FAILED TO INTERRUPT CYCLES OF
CRIMINAL LEGAL INVOLVEMENT. FOR
EXAMPLE, THE NUMBER OF PEOPLE
FOUND INCOMPETENT TO STAND TRIAL
WITH MORE THAN 14 ARRESTS HAS
STEADILY INCREASED. AND ONCE
RESTORED TO COMPETENCY, ONLY A
QUARTER OF PEOPLE GO ON TO FOR
FELONY CHARGES GO ON TO SERVE A
STATE PRISON SENTENCE. THE
MAJORITY OF PEOPLE, ONCE THEY
ARE RESTORED TO COMPETENCY, ARE
RETURN TO THE COUNTY AND
RELEASED EITHER BECAUSE OF TIME
SERVED PROBATION OR CHARGES ARE
DISMISSED. AND AGAIN, ALMOST
THREE QUARTERS OF PEOPLE ARE
REARRESTED WITHIN THREE YEARS
AFTER BEING RESTORED TO
COMPETENCY. OUR STATE HAS A
SIGNIFICANT BACKLOG THAT HAS FAR
SURPASSED OUR STATE'S ABILITY TO
PROVIDE SERVICES, OUR COMMITTEE
AND THIS BILL RECOMMEND
MODERNIZE THE COMPETENCY TO
STAND TRIAL BY GIVING JUDGES
MORE FLEXIBILITY AND MORE TOOLS
TO ADDRESS INDIVIDUALS WITH
SERIOUS MENTAL ILLNESS, BY
ALLOWING THEM TO DETERMINE
WHETHER RESTORATION OF
COMPETENCY IS THE INTEREST OF
JUSTICE, AND CONSIDERING
ALTERNATIVE TREATMENT OPTIONS
OTHER THAN HOSPITALIZATION. IN
THE MOST RESTRICTIVE AND MOST
EXPENSIVE SETTING, THE STATE
PROVIDES. THE PENAL CODE
COMMITTEE RECOMMENDED WHAT'S IN
THIS BILL BECAUSE IT MAKES
BETTER USE OF LIMITED RESOURCES
AND GETS PEOPLE INTO LONG TERME
TREATMENT WHILE INCREASING
PUBLIC SAFETY. THANK YOU, THANK
YOU. DO WE HAVE ANY OTHER
MEMBERS IN SUPPORT? PLEASE STATE
YOUR NAME, YOUR ORGANIZATION AND
THAT YOU SUPPORT THIS BILL.
NORMA OROZCO WITH THE ELLA BAKER
CENTER FOR HUMAN RIGHTS AND
STRONG SUPPORT. THANK YOU. Dð
COONEY ON BEHALF OF ACLU
CALIFORNIA ACTION AND DISABILITY
RIGHTS CALIFORNIA IN SUPPORT.
THANK YOU. PHÐ MELENDEZ MÀ
JUSTICE, CALIFORNIA, IN SUPPORT.
ALICIA MONTEIRO, CALIFORNIA'S
UNITED FOR RESPONSIBLE BUDGET
AND STRONG SUPPORT. JOHN
DREBINGER WITH THE STEINBERG
INSTITUTE IN SUPPORT. MARGO
GEORGE, ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION, ALSO ON BEHALF OF
THE SAN FRANCISCO PUBLIC
DEFENDER'S OFFICE, AND ALSO ON
BEHALF OF VANESSA JUSTICE AND
STRONG SUPPORT. THANK YOU. THANK
YOU, ESTEBAN NUNEZ, ON BEHALF OF
THE ANTI-RECIDIVISM COALITION IN
STRONG SUPPORT. THANK YOU. THANK
YOU. IF WE HAVE ANY OPPOSITION
WITNESSES, PLEASE STATE YOUR
NAME AND YOU HAVE TWO MINUTES.
THANK YOU. MY NAME IS KRISTEN
ALLISON. I'M HERE ON BEHALF OF
THE CALIFORNIA DISTRICT
ATTORNEY'S ASSOCIATION. WE ARE
CURRENTLY IN OPPOSITION.
HOWEVER, WE ARE VERY GRATEFUL TO
THE AUTHOR. WE HAVE HAD VERY
PRODUCTIVE MEETINGS AND WE
APPRECIATE YOUR WILLINGNESS TO
WORK WITH US. AND WE ARE VERY
HOPEFUL THAT WE'LL BE ABLE TO
REACH A COMMON GROUND. WE LOOK
FORWARD TO CONTINUING PRODUCTIVE
EFFORTS. AND THAT'S IT. THANK
YOU, THANK YOU. DO WE HAVE ANY
OTHER OPPOSITION WITNESSES THAT
WOULD LIKE TO ME TOO, SEEING
NONE, WE'RE GOING TO MOVE THIS
CONVERSATION TO MEMBERS OF THE
COMMITTEE. MADAM CHAIR, CAN I
CORRECT MYSELF? I SAID SOMETHING
THAT WAS FALSE, AND I WANT TO
MAKE SURE, I JUST WANT TO
CLARIFY. I SAID IT DOES NOT
APPLY TO, CERTAIN FELONIES. I
WANT TO CLARIFY. IT DOES DOESN'T
APPLY TO ALL FELONIES. WHERE
WE'RE EXCLUDED FROM THIS BILL IS
, SEXUAL BASED. OFFENSES AND
HOMICIDE OFFENSES WON'T BE
ELIGIBLE FOR THIS DIVERSION.
THANK YOU. SEEING NO COMMENTS,
WOULD YOU LIKE TO CLOSE?
RESPECTFULLY ASK FOR AN AYE
VOTE. CAN I GET A MOTION? OKAY.
SENATOR WIENER HAS MOVED THE
BILL. SB 1323. THE MOTION IS TO
PASS TO APPROPRIATIONS WILL HAVE
A VÌ SEYARTO BRADFORD SKINNER
WIENER WIENER I THAT BILLS ON
CALL. THANK YOU. ALL RIGHT. OUR
LAST BILL OR SECOND TO LAST BILL
IS GOING TO BE SB 1502 BY
SENATOR ASHBY. SENATOR ASHBY IS
UNABLE TO ATTEND TODAY, SO WE
WILL HAVE HER CHIEF CASSIDY
PRESENT. CASSIDY, WHENEVER
YOU'RE READY. THANK YOU, MADAM
CHAIR. GOOD MORNING. MY NAME IS
CASSIE DENNY, AND AS THE CHAIR
STATED, I'M SENATOR ASHBY'S
CHIEF OF STAFF. AS MOST OF YOU
KNOW, THE SENATOR, HER HUSBAND
HAD AN EMERGENCY SURGERY LAST
WEEK, SO SHE'S IN THE HOSPITAL
WITH HIM TODAY. SO. THANK YOU
FOR LETTING ME BE HERE TO
PRESENT ON HER BEHALF. I'LL
START BY ACCEPTING THE COMMITTEE
AMENDMENTS. AND THANK YOU TO
YOUR WONDERFUL STAFF FOR HELPING
US WORK THROUGH THIS BILL. SB
1502 SEEKS TO PREVENT THE
ILLICIT USE OF XYLAZINE, WHICH
IS AN ANIMAL TRANQUILIZER THAT'S
BECOMING INCREASINGLY MORE
POPULAR FOR HUMAN USE. THIS BILL
IS A PART OF THE SENATE'S
WORKING TOGETHER FOR A SAFER
CALIFORNIA LEGISLATIVE PACKAGE,
HOPING TO ADDRESS THE FENTANYL
CRISIS. SB 1502 ADDS XYLAZINE TO
THE LIST OF SCHEDULE THREE
CONTROLLED SUBSTANCES, WHICH
ENABLES THE DEA TO RESTRICT
ACCESS TO THIS MEDICATION. IT
ALSO CREATES GUARDRAILS FOR THE
DRUG'S CONTINUED USE IN THE
VETERINARY MEDICINE PRACTICE. IT
ALSO CONTAINS AN EXEMPTION
ALLOWING COMPOUNDING PHARMACIES
TO PRODUCE XYLAZINE FOR
VETERINARY USE IN THE EVENT OF A
SHORTAGE. COMMONLY REFERRED TO
AS TRANQ OR THE ZOMBIE DRUG.
XYLAZINE IS A POTENT VETERINARY
SEDATIVE WHICH IS BECOMING
INCREASINGLY MORE TRAFFICKED
THROUGHOUT THE COUNTRY.
CALIFORNIA IS IN THE MIDST OF AN
OPIOID CRISIS, WITH OVER 7000
DEATHS ATTRIBUTED TO OPIOID
OVERDOSE IN THE STATE IN JUST
2020 2021 ALONE, ACCORDING TO
THE DEA. XYLAZINE RELATED DEATHS
HAVE DRASTICALLY INCREASED
NATIONWIDE, MORE THAN TRIPLING
FROM 2020 TO 2021. THERE'S A
GROWING TREND OF MIXING FENTANYL
WITH XYLAZINE, RENDERING IT THE
DEADLIEST DRUG COMBINATION IN
THE UNITED STATES. XYLAZINE IS
CONSIDERED UNSAFE FOR HUMAN USE
AND CAN CAUSE SEVERE WOUNDS AND
NECROSIS, POTENTIALLY LEADING TO
AMPUTATION OR FATAL OVERDOSE.
UNLIKE OTHER OPIOIDS, XYLAZINE
OVERDOSE CANNOT BE REVERSED BY
NALOXONE, COMMONLY KNOWN AS
NARCAN. XYLAZINE HAS BEEN FOUND
IN INDIVIDUALS WHO HAVE DIED
FROM OVERDOSE IN SAN FRANCISCO
AND LOS ANGELES COUNTIES, WHICH
MEANS THIS DRUG, PREVIOUSLY ONLY
FOUND IN THE EAST COAST, IS NOW
IN CALIFORNIA. IT IS CRUCIAL
THAT WE PROTECT CALIFORNIANS
FROM THE NEGATIVE IMPACTS OF
XYLAZINE, AND SB 1502 ENSURES
THE HEALTH AND SAFETY OF OUR
COMMUNITIES BY REGULATING ITS
AVAILABILITY AND PREVENTING ITS
MISUSE. HERE WITH ME TODAY IS
DOCTOR GRANT MILLER ON BEHALF OF
THE CALIFORNIA VETERINARY
MEDICAL ASSOCIATION IN SUPPORT.
THANK YOU. YOU WILL HAVE TWO
MINUTES. THANK YOU, CHAIRPERSON
WAHAB AND MEMBERS OF THE
COMMITTEE FOR CONSIDERING SB
1502 TODAY. AND THANK YOU ALSO
TO SENATOR ASHBY AND HER STAFF,
AS WELL AS YOUR COMMITTEE
CONSULTANTS FOR THE WORK THAT
YOU'VE DONE ON THE BILL,
LANGUAGE THAT YOU HAVE BEFORE
YOU, THE CALIFORNIA VETERINARY
MEDICAL ASSOCIATION, IS IN
STRONG SUPPORT OF SB 1502
BECAUSE IT MOVES TO PROTECT THE
PUBLIC FROM XYLAZINE DIVERSION
AND ABUSE, WHILE BALANCING THE
NEED FOR VETERINARIANS SUCH AS
MYSELF, TO MAINTAIN ACCESS TO
THIS IMPORTANT DRUG FOR USE.
PRIMARILY IN LIVESTOCK, EQUINE
AND WILDLIFE SPECIES. XYLAZINE
IS COMMONLY USED IN VETERINARY
MEDICINE TO PROVIDE SEDATION AND
PAIN CONTROL TO LIVESTOCK AND
HORSES. ITS USE AND AVAILABILITY
ARE OF PARAMOUNT IMPORTANCE TO
ANIMAL SAFETY TO HUMAN SAFETY,
TO VETERINARIANS SUCH AS MYSELF,
WHO MY PATIENTS OUTWEIGH ME BY
TENFOLD, AND A PUBLIC SAFETY FOR
ANIMAL CONTROL OFFICERS WHO USE
IT TO SUBDUE WILD AND LOOSE
ANIMALS UNDER THE DIRECTION OF A
VETERINARIAN. IT ALSO IS USED IN
ZOO MEDICINE TO HELP CARE FOR
EXOTIC SPECIES, AND IT EASILY
RANKS AMONG ONE OF THE TOP TEN
MOST COMMON MEDICATIONS USED IN
LIVESTOCK, EQUINE, AND WILDLIFE
VETERINARY MEDICINE. I MYSELF
WILL ADMINISTER XYLAZINE TO
PROBABLY ABOUT 75% OF MY
PATIENTS ON A DAILY BASIS,
BECAUSE THESE ANIMALS DON'T
REALLY WANT YOU DOING THINGS TO
THEM, IF THEY IF, YOU KNOW,
THEY'RE, THEY'RE FEELING
UNCOMFORTABLE OR THEY'RE FEELING
NERVOUS. SO I USE IT TO COMMONLY
PROVIDE SEDATION WITHIN ABOUT 45
TO 60S OF ITS ADMINISTRATION
WHEN WE USE IT IN EMERGENCIES TO
HELP AILING HORSES, TO DULL
THEIR PAIN. I WILL USE IT TO
RELAX A HORSE BEFORE I NUMB A
WOUND, WHEN I'M CLEANING AND
SUTURING A WOUND. WE'LL ALSO USE
IT TO FACILITATE DENTAL WORK AND
TO AVOID A HORSE KICKING ME WHEN
I'M BENDING DOWN TO STICK A
NEEDLE IN ITS JOINT TO INJECT
ITS ARTHRITIC JOINT WITH
CORTISONE. BECAUSE WE DO THAT
WITH ANIMALS, TOO, JUST LIKE WE
DO WITH HUMANS, THE RISK TO ME
AND MY PATIENTS, IF I WERE TO
TRY TO COMPLETE THESE MEDICAL
PROCEDURES WITHOUT XYLAZINE IS
NOT SOMETHING I WANT TO IMAGINE,
THERE ARE SIMILAR EXAMPLES OF
ITS INSTRUMENTAL USE IN WILDLIFE
MEDICINE, ANIMAL CONTROL,
LIVESTOCK PRACTICE. I'M HAPPY TO
PROVIDE SOME OF THOSE IF YOU'RE
INTERESTED, BUT SUFFICE IT TO
SAY THAT SB 1502 WILL ALIGN
CALIFORNIA'S LAW WITH FEDERAL
LEGISLATION THAT'S CURRENTLY IN
MOTION TO MAKE XYLAZINE A
SCHEDULE THREE CONTROLLED
SUBSTANCE. BUT IT DOES SO BY
INCORPORATING LANGUAGE THAT WILL
KEEP XYLAZINE IN THE HANDS OF
VETERINARIANS WHERE IT BELONGS,
AND TO MAINTAIN OUR VITAL ACCESS
TO XYLAZINE. THANK YOU FOR ITS
LEGITIMATE USE. THANK YOU VERY
MUCH. THANK YOU. DO WE HAVE ANY
OTHER LEAD WITNESSES? SEEING
NONE, CAN WE MOVE ON TO ME TO IN
SUPPORT? PLEASE STATE YOUR NAME,
YOUR ORG AND THAT YOU SUPPORT.
GOOD MORNING, STEPHANIE ESTRADA.
ON BEHALF OF THE CITY OF SAN
JOSE AND STRONG SUPPORT. THANK
YOU. ZACH SOFLA WITH THE LEAGUE
OF CALIFORNIA CITIES AND
SUPPORT. THANK YOU. ALL RIGHT.
SEEING DO WE HAVE ANY OPPOSITION
WITNESSES? LEAD OPPOSITION. YOU
WILL HAVE TWO MINUTES. GOOD
MORNING, CHAIR AND COMMITTEE
MEMBERS. MY NAME IS JEANETTE AND
I'M THE CALIFORNIA STATE
DIRECTOR FOR DRUG POLICY
ALLIANCE. I'M HERE IN RESPECTFUL
OPPOSITION TO SB 1502. THE EPA
IS THE NATION'S LEADING
ORGANIZATION WORKING TO, ADVANCE
DRUG POLICIES THAT ARE GROUNDED
IN SCIENCE, COMPASSION, HEALTH
AND HUMAN RIGHTS. AND WE ARE
VERY CONCERNED ABOUT PLACING
XYLAZINE ON SCHEDULE THREE,
WHICH WILL NOT ONLY CRIMINALIZE
XYLAZINE, BUT WILL ALSO SET A
DANGEROUS PRECEDENT SIMILAR
EFFORTS IN CONGRESS HAVE BEEN
HALTED AT BOTH THE FEDERAL AS
BOTH FEDERAL AGENCIES AND
LAWMAKERS ARE SPLIT ON WHAT TO
DO. CALIFORNIA SHOULD NOT BE
GETTING AHEAD OF WHAT THE
FEDERAL GOVERNMENT IS DOING
RIGHT NOW. THEY'RE CURRENTLY
AWAITING GUIDELINES ON HOW TO
PROCEED WITH XYLAZINE AT THE
FEDERAL LEVEL. AS SB 1502 WILL
ALSO INADVERTENTLY CREATE
RESEARCH RESTRICTIONS AT A TIME
WHEN WE NEED MORE RESEARCH TO
UNDERSTAND XYLAZINE IMPACT AND
EFFECT ON HUMANS. PLACING
XYLAZINE ON CSA WILL ALSO RESULT
IN DISPROPORTIONATE PROSECUTION
AND SENTENCING OF PEOPLE
STRUGGLING WITH SUBSTANCE USE,
INCLUDING PEOPLE WHO MAY NOT
KNOW THAT DRUGS THAT XYLAZINE IS
THE DRUG SUPPLY. CRIMINALIZATION
AT THIS MOMENT IS EGREGIOUS AND
REDUNDANT BECAUSE INDIVIDUALS
ARE ACTUALLY CONSUMING IT
ACCIDENTALLY. EXPERTS AGREE THAT
THERE IS A NEED FOR FURTHER
RESEARCH TO BETTER UNDERSTAND
OVERDOSE RISK AND RESPONSE.
PATHOPHYSIOLOGY. PATTERNS OF
XYLAZINE USE, CLINICAL TREATMENT
AS WELL AS WOUND TREATMENT AND
MANAGEMENT, AND TAILORED HARM
REDUCTION RESPONSES FOR XYLAZINE
. THERE ARE A NUMBER OF
POTENTIAL CRIMINAL JUSTICE
IMPLICATIONS, INCLUDING. AGAIN,
MOST PEOPLE ARE NOT ACTIVELY
SEEKING XYLAZINE AND THEY DO NOT
KNOW THAT THEY POSSESS THE
SUBSTANCE OR ACTIVELY SEEKING IT
OUT. XYLAZINE IS PREDOMINANTLY
FOUND WITH FENTANYL, AND IT IS
ESTIMATED THAT OVER 99.5% OF
XYLAZINE INVOLVED DEATHS IN IN
2021, WERE IN, ILLICITLY
MANUFACTURED WITH FENTANYL OR
THEIR ANALOGS. AND THESE ARE
SUBSTANCES THAT ARE ALREADY
CRIMINALIZED, SENDING PEOPLE TO
JAIL ALSO CREATES MORE, FOLKS
VULNERABLE TO OVERDOSE. DATA
DEMONSTRATES THAT FOLKS THAT ARE
JAILED CONSISTENTLY ARE 27 TIMES
MORE LIKELY TO DIE. IN ESSENCE,
WE NEED TO ENSURE THAT WE HAVE
MORE RESEARCH ON HAND TO
UNDERSTAND THE IMPACTS ON
HUMANS. THANK YOU. THANK YOU.
CAN WE MOVE ON TO ANY OTHER
OPPOSITION WITNESSES? CAN WE
MOVE ON TO OPPOSITION? AND ME
TWO'S SEEING NONE. CAN WE MOVE
ON TO THE COMMITTEE MEMBERS
SEEING NO COMMENTS. CHIEF, WOULD
YOU LIKE TO CLOSE? I APPRECIATE
THE OPPORTUNITY TO PRESENT THIS
BILL. I ASK FOR AN AYE VOTE.
THANK YOU. CAN I HAVE A MOTION?
CAN I HAVE A MOTION? SENATOR
WIENER HAS MOVED THE BILL FOR A
LOT OF QUESTIONS. THAT'S MY,
THAT'S MY FORMER AMAZING STAFFER
. I WAS I'M TEMPTED TO ASK A LOT
OF QUESTIONS ABOUT HORSES, BUT I
WILL REFRAIN. THANK YOU. I
APPRECIATE THAT. SB 1502, THE
MOTION IS Dð PASS, AS AMENDED,
TO APPROPRIATIONS. WAHAB I HAVE
AYE. SATO BRADFORD. SKINNER.
WIENER. WIENER. AYE ALL RIGHT.
THAT BILLS ON CALL. THANK YOU.
WE HAVE TO WAIT FOR SKINNER. SO
WE CAN LIFT WIENER COST IN
BETWEEN. YEAH. CAN WE LIFT THE
CALLS? SO SENATOR WIENER HAS A
CHANCE TO VOTE? SORRY SB 1074
MOTION WAS TO PASS, AS AMENDED,
TO. SORRY. DO PASS TO
APPROPRIATIONS. CURRENT VOTE IS
2 TO 0. WIENER JONES 1070
WIENER. AYE. SB 1262. MOTION IS
DUE. PASS TO APPROPRIATIONS.
CURRENT VOTE IS 1 TO 1. IT'S
ARCHULETA. HE DIDN'T TAKE ANY
AMENDMENTS. WIENER WE'RE
UPSTATE. EVERYONE ELSE HAS.
WE'RE ABSTAINING. YEAH. SO
ABSTAIN AND ASK FOR. AYE. I'LL
JUST. I'M GOING TO I'M GOING TO
LAY OFF. I THINK THAT THERE IS A
VERSION OF THIS BILL THAT COULD
MOVE FORWARD, AND I HOPE ON
RECONSIDERATION, THE AUTHOR
WORKS WITH. SO I'M GOING TO LAY
OFF SO WE CAN ASK FOR
RECONSIDERATION. SO FOR
RECONSIDERATION FOR THAT. SO SB
1262 IS IT HAS FAILED. IT'S UP
FOR RECONSIDERATION. SO SENATOR
ARCHULETA HAS AN OPPORTUNITY TO
ADJUST THE BILL AND MAKE THE
APPROPRIATE AMENDMENTS AND BRING
IT BACK TO THE COMMITTEE. THANK
YOU. WE GRANTED RECONSIDERATION
OKAY. NEXT. OKAY ALL RIGHT, SB
OH, NO, HE WAS HERE FOR THAT.
SORRY. I THINK THAT OKAY
.
LET'S LIFT THE CALL FOR SENATOR
SALADO. THANK YOU. WAIT A MINUTE
. BE READY. I'M TRYING TO BE
READY FOR THREE DIFFERENT
COMMITTEES RIGHT NOW. SO, SB
1323, THE MOTION WAS Dð PASSED
TO APPROPRIATIONS. CURRENT VOTE
IS 2 TO 0. SEYARTO NO SATO. NO.
YES, SO WE STILL HAVE BRADFORD
SKINNER, AND THEN, SB 1502.
ASHBY MOTION WAS Dð PASSED, AS
AMENDED TO APPROPRIATIONS. SATO
I SATO I OKAY, SO HE'S ON
EVERYTHING. WE JUST NEED NANCY.
SO WE JUST HAVE ONE BILL TO
PRESENT. SENATOR SKINNER, LET ME
JUST SOUND LIKE NANCY ALREADY.
SOMEBODY.
SENATOR SKINNER, WHENEVER YOU'RE
READY. CURRENT VERSION SUPPORTS
SUPPORT. COME BACK FOR YOU TO
PRESENT A BUSINESS UP ON YOUR
BILL. SO, CAN WE LIFT THE CALL
FOR BRADFORD JUST TO CATCH HIM
UP? AND YOU APPRECIATE THAT,
RIGHT? I DON'T. ARE YOU READY?
NO SB 1074. JONES MOTION IS Dð.
PASS TO APPROPRIATIONS. CURRENT
VOTE IS 3 TO 0. BRADFORD AYE.
BRADFORD. AYE. OKAY THAT BILLS
OUT 4 TO 0. SKINNER SKINNER.
YEAH. SHE ABSTAINED OKAY. SO DO
YOU WANT TO CONTINUE TO ABSTAIN
ON IT? YOU ALREADY CALLED IT.
YEAH. SB 1323 MENGIBAR MOTION IS
TO PASS TO APPROPRIATIONS.
CURRENT 2 TO 1. BRADFORD.
BRADFORD. AYE SKINNER. SKINNER.
AYE. THAT'S OUT. THAT BILL IS
OUT. 4 TO 1. SB 1416 NEWMAN.
MOTION WAS DUE. PASS TO
APPROPRIATIONS. CURRENT VOTE IS
4 TO 0. BRADFORD BRADFORD. AYE 5
TO 0. THAT BILLS OUT 5 TO 0.
THAT BILLS OUT SB 1502. ASHBY
MOTION WAS DUE PASSED AS AMENDED
TO APPROPRIATIONS. CURRENT VOTE
IS 3 TO 0. BRADFORD. BRADFORD.
AYE SKINNER. SKINNER. AYE. THAT
BILL IS OUT 5 TO 0. AND NOW
SKINNER AND SENATOR SKINNER. THE
FLOOR IS YOURS. THANK YOU.
THANK YOU, CHAIR MEMBERS. IN
2015, THE CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION LAUNCHED A
PROGRAM REFERRED TO AS THE MACP,
THE MALE COMMUNITY REENTRY
PROGRAM. AND THEY'VE SUBSEQUENT
TO THAT, ALSO NOW CREATED A
FEMALE COMMUNITY REENTRY
PROGRAM, BUT THEY'RE STILL KIND
OF COLLECTIVELY REFERRED TO AS
MC OPS, THOSE PROGRAMS ARE
PROGRAMS WHERE A PERSON WHO IS
STILL IN CUSTODY BY CDCR IS
PLACED IN A COMMUNITY BASED
FACILITY WHERE, SAY, YEAR TO TWO
YEARS BEFORE THEIR RELEASE,
WHERE THEY ARE GIVEN, MUCH MORE,
REHABILITATIVE SERVICES SUCH AS
JOB TRAINING, FINANCIAL
MANAGEMENT SKILLS, WHOLE VARIETY
OF SKILLS THAT WOULD HELP THEM
BE BE SUCCESSFUL IN THEIR
REENTRY. AND SINCE THE START OF
THE MC PIECE, THERE HAS BEEN OUR
RECORDS SHOW ZERO RECIDIVISM FOR
ANYONE WHO WAS RELEASED AS WHO
HAD BEEN PARTICIPANT IN THESE
MACP PROGRAMS. NOW, WHAT THIS
BILL WOULD DO IS HELP US IN
ENHANCE THOSE SERVICES BY BY
DIRECTING CDCR TO THE EXTENT
POSSIBLE, TO PRE ENROLL THOSE
FOLKS WHO ARE IN THOSE MACP
PROGRAMS INTO, BENEFITS LIKE
MEDI-CAL AND SUCH. SO THAT IF
THEY ARE, FOR EXAMPLE, ON A
MEDICALLY ASSISTED TREATMENT
AROUND AN ADDICTION, WHERE ONCE
THEY ARE RELEASED, THEY CAN THAT
WILL BE A SEAMLESS CONTINUATION
OF THAT OR OTHER MEDICAL NEEDS
THEY MAY HAVE, IF THEY ARE, IF
THEY HAVE MENTAL HEALTH SUPPORTS
THAT ARE BEING, PROVIDED
MEDICALLY BY CDCR WHILE THEY ARE
IN THE MACP. AGAIN BY HAVING
THEM IN MEDI-CAL FROM THE MOMENT
THEY ARE RELEASED, THEY ARE THEN
ABLE TO CONTINUE THOSE SUPPORTS
UPON RELEASE, WHICH OF COURSE
WILL HELP US A GREAT DEAL IN
ENSURING THIS KIND OF LOW TO
ZERO RECIDIVISM, WE ALSO THE
BILL WILL CREATE A WORKING GROUP
WITH OUR CORRECTIONS DEPARTMENT
AND THE BOARD OF COMMUNITY
CORRECTIONS AND DEPARTMENT OF
AGING TO LOOK TO FIND WAYS TO
SECURE HOUSING FOR THOSE
REENTERING BECAUSE OBVIOUSLY THE
MACP PROGRAM, THEY ARE HOUSED.
BUT ONCE THEY ARE RELEASED OUT
OF THE MC ALRP PROGRAM, THEY
STILL NEED HOUSING. SO HOW CAN
WE AGAIN ENCOURAGE THAT? YOU
KNOW, WHAT MAKES SUCCESSFUL
REENTRY? THAT YOUR HOUSE, THAT
YOU HAVE A JOB AND THAT IF YOU
HAVE ANY UNDERLYING CONDITIONS
THEY ARE BEING TREATED. SO
THAT'S WHAT THE BILL DOES IS TO
REALLY HELP ENSURE THOSE
SUPPORTS CONTINUE. AND I WOULD
LIKE MY WITNESSES, GARY MCCOY,
WHO'S THE VP OF PUBLIC POLICY
AND AFFAIRS FOR HEALTHRIGHT 360,
AND DOUG BOND, WHO IS PRESIDENT
AND CEO OF THE AMITY FOUNDATION,
TO ADDRESS YOU. AND THE AMITY
FOUNDATION OPERATES UNDER
CONTRACT WITH CDCR. SOME OF
THESE MACP PROGRAMS. GO AHEAD.
THANK YOU. THANK YOU. SENATOR,
MADAM CHAIR, MEMBERS OF THE
COMMITTEE, THANK YOU FOR HAVING
ME HERE TODAY. MY NAME IS DOUG
BOND, AND I'M THE PRESIDENT CEO
OF AMITY FOUNDATION, WHICH IS
DEDICATED TO THE INCLUSION
HABILITATION OF PEOPLE
MARGINALIZED BY ADDICTION,
TRAUMA, INCARCERATION, POVERTY,
RACISM, SEXISM, HOMELESSNESS AND
VIOLENCE. WE STRIVE TO IMPROVE
THE HEALTH AND PROMOTE
ENVIRONMENTAL, SOCIAL AND
ECONOMIC JUSTICE. AND WE HAVE
SPENT DECADES HELPING
INDIVIDUALS INCARCERATED AND
THOSE RETURNING HOME FROM
INCARCERATION, ALONG WITH THEIR
FAMILY MEMBERS. WE'RE HAPPY TO
CO-SPONSOR, ALONG WITH OUR OTHER
REENTRY PARTNERS, THIS BILL FROM
SENATOR SKINNER, AT ITS CORE,
THE BILL DOES TWO REALLY
CRITICAL PIECES THAT WILL HELP
ENSURE SUCCESSFUL REENTRY BACK
INTO THE COMMUNITY FROM
INCARCERATION, THE FIRST IT
REINFORCES COLLABORATION AMONGST
PROVIDERS, CDCR AND OTHER
CRITICAL AGENCIES TO BOTH OFFER
REENTRY OPPORTUNITIES, TO MORE
INDIVIDUALS TO SET THEM UP FOR
SUCCESS AS THEY TRANSITION BACK
HOME IN A SEAMLESS FASHION. AND
SECOND, MANY PEOPLE WHO LEAVE
THE STATE HAVE PRISON SYSTEM,
HAVE COMPLEX NEEDS, INCLUDING
DRUG ADDICTION, HOMELESSNESS,
EMPLOYMENT AND OTHER, ADDITIONAL
SERVICE NEEDS. HAVING REENTRY
FACILITIES THAT ARE DESIGNED TO
COVER THESE COMPLEX NEEDS HAS
SHOWN TO WORK, AND IT INCREASES
SOBRIETY, REDUCES THE RISK OF
OVERDOSE, IMPROVES PUBLIC SAFETY
AND PUBLIC HEALTH, ALONG WITH
REDUCING RECIDIVISM. IT IS FOR
THESE REASONS THAT WE HAPPILY,
HAPPY TO CO-SPONSOR THIS
LEGISLATION. THANK YOU. THANK
YOU. GOOD AFTERNOON, CHAIR AND
COMMITTEE MEMBERS. MY NAME IS
GARY MCCOY, VICE PRESIDENT OF
POLICY WITH HEALTHRIGHT 360, A
PROUD CO-SPONSOR OF SB 950 ON
BEHALF OF ONE OF THE LARGEST
UNIONIZED NONPROFIT BEHAVIORAL
HEALTH PROVIDERS IN CALIFORNIA,
WHICH OPERATES COMMUNITY REENTRY
PROGRAMS AND AS A FORMERLY
INCARCERATED INDIVIDUAL, I SPEAK
FROM BOTH PERSONAL EXPERIENCE
AND DEEP ENGAGEMENT AND DIRECT
SERVICE. EACH YEAR, CALIFORNIA'S
PRISON RELEASE PROP CALIFORNIA'S
PRISONS RELEASE APPROXIMATELY
37,000 INDIVIDUALS DURING
REENTRY. EVERYTHING CAN BE
DIFFICULT ALL AT ONCE. PEOPLE
NEED TO BE CONNECTED WITH
PRIMARY CARE AND SERVICES,
ATTEND MEETINGS, RENEW THEIR
EDUCATION, RECONNECT WITH LOVED
ONES AND FAMILY, SECURE HOUSING
AND EMPLOYMENT, AND OBTAIN FOOD
AND RESOURCES NECESSARY TO
SURVIVE. SB 950 REPRESENTS AN
OPPORTUNITY TO DISMANTLE
UNNECESSARY BARRIERS TO
SUCCESSFUL REENTRY AND ADVANCE
CONTINUITY OF CARE FOR
INDIVIDUALS IMMEDIATELY UPON
RELEASE. DESPITE CONCERTED
EFFORTS TO REDUCE RECIDIVISM, A
SIGNIFICANT PORTION OF PEOPLE
POST-RELEASE LACK IMMEDIATE
ACCESS TO PRIMARY CARE,
BEHAVIORAL HEALTH CARE, AND
OTHER RESOURCES. THIS
LEGISLATION SEEKS TO ADDRESS
THESE DISPARITIES BY
ESTABLISHING PRERELEASE
ENROLLMENT STRATEGIES, ENSURING
A MORE EQUITABLE AND INCLUSIVE
REINTEGRATION PROCESS, AND
UNINTERRUPTED COVERAGE AND
ACCESS TO ESSENTIAL SERVICES BY
BETTER FACILITATING SEAMLESS
TRANSITION FROM CARCERAL
SETTINGS TO COMMUNITY LIFE. SB
950 WILL ENHANCE HEALTH AND
PUBLIC SAFETY OUTCOMES AND WE
RESPECTFULLY URGE YOUR AYE VOTE.
THANK YOU. ALL RIGHT. CAN WE
MOVE ON TO ME TO IN SUPPORT
STATE YOUR NAME, YOUR ORG AND
THAT YOU SUPPORT DARBY KERNAN IN
SUPPORT REPRESENTING WEST CARE.
THANK YOU. A CURRENT MCPE
PROVIDER. IGNACIO HERNANDEZ, ON
BEHALF OF THE CALIFORNIA
ATTORNEYS FOR CRIMINAL JUSTICE
AND SUPPORT. PHªN MELENDEZ WITH
SMART JUSTICE CALIFORNIA. AND
ALSO FOR JUSTICE AND THE VERA
INSTITUTE FOR JUSTICE IN
SUPPORT. MARCO JORGE, ON BEHALF
OF THE CALIFORNIA PUBLIC
DEFENDERS AND ALSO THE SAN
FRANCISCO PUBLIC DEFENDER'S
OFFICE. THANK YOU. IN SUPPORT.
THANK YOU. CHAIR MEMBERS DYLAN
ELLIOTT, ON BEHALF OF THE
CALIFORNIA STATE ASSOCIATION OF
PSYCHIATRISTS IN SUPPORT. THANK
YOU. HELLO. AUDACIA GREEN, ON
BEHALF OF THE ELLA BAKER CENTER
FOR HUMAN RIGHTS AND ALSO ON
BEHALF OF THE PROSECUTOR
ALLIANCE OF CALIFORNIA, IN
STRONG SUPPORT OF THIS BILL.
THANK YOU. MARSHALL LAWLER, ON
BEHALF OF ROOT AND REBOUND, WE
ARE IN STRONG SUPPORT. THANK YOU
. Dð COONEY ON BEHALF OF ACLU
AND STRONG SUPPORT. THANK YOU.
GOOD MORNING. LARA LANE, ON
BEHALF OF THE GLIDE FOUNDATION,
IN SUPPORT. THANKS, JOHN
DREBINGER WITH THE STEINBERG
INSTITUTE IN SUPPORT. DO WE HAVE
ANY OPPOSITION WITNESSES? SEEING
NONE, WE'LL MOVE ON TO JUST
OPPOSITION. ME TOO. SEEING NONE,
WE'LL MOVE ON TO MEMBERS OF THE
COMMITTEE SEEING NO COMMENTS.
SENATOR, WOULD YOU LIKE TO
CLOSE? THANK YOU. I REQUEST YOUR
AYE VOTE. THANK YOU. DO WE HAVE
A MOTION? SENATOR BRADFORD HAS
MOVED THE BILL. CAN WE CALL THE
ROLE SB 950? MOTION IS DUE. PASS
TO APPROPRIATIONS WILL HAVE A
HAVE I SATO. I SATO I BRADFORD.
BRADFORD AYE. SKINNER. AYE.
SKINNER. AYE. WIENER OKAY. THAT
BILLS ON CALL. CAN WE CALL FOR
SENATOR WIENER? HE'S SUPPOSED TO
COME BACK. I TEXTED HIM. BACK.
AND DO WE HAVE EVERYBODY WHO HAS
VOTED? YEAH IT'S JUST THIS FOR
WIENER. YOU'RE JUST. YOU'RE JUST
. GAVEL DOWN, AREN'T YOU? SHE'S
PACKED UP. I'M READY TO GO. FIVE
MINUTES BEFORE THE BELL. YOU
WERE THAT KID, WEREN'T YOU? YOUR
BACKPACK WAS PACKED MINUTES
BEFORE THE BELL
.
YOU'RE RIGHT. CAN WE LIFT THE
CALL, PLEASE? SB 950 MOTION WAS
DUE. PASS TO APPROPRIATIONS.
CURRENT VOTE 4 TO 0. WIENER
WIENER. AYE THAT BILL IS OUT 5
TO 0. THANK YOU. MEETING
ADJOURNED. THERE WE GO