HomeMy WebLinkAboutCC Resolution 13607 (Public Safety Realignment)RESOLUTION NO. 13607
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CALLING UPON THE GOVERNOR
AND LEGISLATURE TO ENTER INTO DISCUSSION WITH THE LEAGUE OF CALIFORNIA
CITIES AND CALIFORNIA POLICE CHIEFS' ASSOCIATION REPRESENTATIVES TO
IDENTIFY AND ENACT STRATEGIES THAT WILL ENSURE THE SUCCESS OF PUBLIC
SAFETY REALIGNMENT FROM A LOCAL MUNICIPAL LAW ENFORCEMENT
PERSPECTIVE.
WHEREAS, in October 201, the Governor proposed the realignment
of public safety responsibilities from state prisons to local government as a
way to address recent court orders in response to litigation related to state
prison overcrowding, and to reduce state expenditures: and
WHEREAS, the Governor stated that realignment needed to be fully
funded with a constitutionally protected source of funds if it were to
succeed; and
WHEREAS, the Legislature enacted the realignment measures, AB
109 and AB 117, and the Governor signed them into law without full
constitutionally protected funding and liability protection for stakeholders;
and
WHEREAS, California currently has insufficient jail space,
probation officers, housing and job placement programs, medical and
mental health facilities, lacks a uniform definition of recidivism, and utilizes
inappropriate convictions used to determine inmate eligibility for
participation in the realignment program; and
WHEREAS, since the implementation of realignment there have
been numerous issues identified that have not been properly addressed that
significantly impact municipal police departments' efforts to successfully
implement realignment; and
WHEREAS, ultimately, many of these probationers who have severe
mental illness are released into communities where they continue to commit
crimes that impact the safety of community members and drain the
resources of probation departments and police departments throughout the
state; and
WHEREAS, an estimated 30 counties were operating under court-
ordered or self-imposed population caps before realignment, and the current
lack of bed space in county jails has since led to many convicted
probationers being released early after serving a fraction of their time, with
inadequate to no subsequent supervision, leaving them free to engage in
further criminal offenses in our local cities; and
WHEREAS, there are inadequate data bases to share critical offender
information with local police departments; and
WHEREAS, local police departments have not received adequate
funding to properly address this new population of offenders who are
victimizing California communities.
NOW, THEREFORE, BE IT RESOLVED by the San Rafael City
Council to request the Governor and State Legislature to immediately enter
into discussions with the League of California Cities representatives and the
California Police Chiefs' Association to address the following issues:
1. The need to fully fund municipal police departments with
constitutionally protected funding to appropriately address
realignment issues facing front line law enforcement;
2. Amend appropriate sections of AB 109 to change the criteria
justifying the release of non-violent, non -serious, non -sex offender
inmates (N3) inmates to include their total criminal and mental
history instead of only their last criminal conviction;
3. Establish a uniform definition of recidivism with the input of all
criminal justice stakeholders throughout the state;
4. Enact legislation that will accommodate the option for city police
officers to make ten (10) day flash incarcerations in city jails for
probationers who violate the conditions of their probation;
5. Establish oversight procedures to encourage transparency and
accountability over the use of realignment funding;
6. Implement the recommendations identified in the California Little
Hoover Commission Report dated May 30, 2013;
7. Provide for greater representation of city officials on the local
Community Corrections Partnerships. Currently, AB 117 provides
for only one city official (a police chief) on the 7 -member body, 6 of
which are aligned with the county in which the partnership has been
established. As a result, the counties dominate the committees and
the subsequent distribution of realignment funds;
8. Provide, either administratively or by legislation, an effective
statewide data sharing mechanism allowing state and local law
enforcement agencies to rapidly and efficiently share offender
information to assist in tracking and monitoring the activities of AB
109 and other offenders.
I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the San
Rafael City Council held on the 3rd day of September 2013 by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
,sr ,
ESTHER BEIRNE, City Clerk