HomeMy WebLinkAboutMINUTES - 07201999 - SD2 TO: BOARD OF SUPERVISORS SE L
Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR
Costa
o..
� �- - �
CountyJuly 15, 1999 ��
DATE: �Tq coiiK`� c
SUBJECT: LEGISLATION: SB 175 (RAINEY)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of SB 175 by Senator Richard Rainey which, as
amended July 7, 1999 would establish and fund the Service of Arrest Warrants Pilot
Program and name Contra Costa County as one of the three pilot counties (San
Francisco and San Bernardino are the other two).
BACKGROUND:
Senator Rainey has introduced SB 175 in an effort to determine whether it is
possible to reduce the number of outstanding arrest warrants. As amended July 7,
1999, the bill does all of the following:
0 Requires the Department of Justice to forward to the Department of Motor
Vehicles (DMV) the records of all felony and misdemeanor warrants entered
into the Law Enforcement Telecommunications System (CLETS) by law
enforcement agencies which receive funds pursuant to this legislation.
r Adopts findings regarding the importance of apprehending persons with
outstanding arrest warrants.
* States the intent of the legislation as being to determine whether increasing
financial resources, providing technical assistance, and promoting innovative
practices can reduce or eliminate the backlog of arrest warrants and reduce
crime in jurisdictions that receive this assistance.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
_/V/VZ/'Z '0�1
ACTION OF BOARD ON July 20, 1999 APPROVED AS RECOMMENDED _XX_ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
XX UNANIMOUS(ABSENT #4 ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED July 20, 1999
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 2
BY ":.r-,DEPUTY
• Establishes in the Office of Criminal Justice Planning (OCJP)a pilot program
of financial and technical assistance for local law enforcement agencies to
assist in the apprehension of persons with outstanding arrest warrants.
• Requires OCJP to distribute funds made available for this purpose to the San
Francisco Police Department and the sheriff's offices in Contra Costa and San
Bernardino counties to be used to hire personnel and develop policies to
reduce or eliminate the backlog of arrest warrants. Specifies that "arrest
warrants" includes bench warrants.
Requires the Executive Director of OCJP to prepare and issue administrative
guidelines and procedures for the Pilot Program which do certain specified
things.
• Requires that certain reports be made to the Legislature during the pilot
program.
Prohibits DMV from issuing a driver's license to anyone who has an
outstanding arrest warrant.
Appropriates $1.5 million for the Service of Arrest Warrants Pilot Program.
Senator Rainey's office has asked Contra Costa County to indicate its support for
the program. The Sheriff supports the program and, therefore, we concur that the
Board should indicate its support for SB 175.
cc: County Administrator
Sheriff-Coroner.
Senator Richard K. Rainey
Room 4090 State Capitol
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-2-
OFFICE OF THE SHERIFF �p .�
Contra Costa County ! ;,, � , �.._
f` •v'+?per.'s, '' '� i
Administration Division `: r
335-1500 COST?. `
DATE: July 13, 1999
TO: Board of Supervisors
Via: Phil Batchel ounty Administrator
1Y
FROM: Warrenk-('i f �.
SUBJECT: Support of SB 175
Senator Richard Rainey has introduced SB 175. I am requesting your support of this legislation
which has become the Service of Arrest Warrants Pilot Program. Contra Costa County is one of
three counties invited to participate in the pilot program and with our current record of 44,483
outstanding warrants, (2,901 of which are felonies), it will provide an excellent opportunity to reduce
the number of unserved arrest warrants.
If enacted, this legislation will increase the level of public safety for the citizens of our County and
I strongly encourage your support.
WER:mv
TRA C0&f;sj
RECEIVED
A . 1 4
GFRCE OF
AMENDED IN ASSEMBLY JULY 7, 1999
AMENDED IN SENATE MAY 17, 1999
AMENDED IN SENATE APRIL 14, 1999
SENATE BILL No. 175
Introduced by Senator Rainey
(Coauthors: Senators McPherson,Polanco, and
Vasconcellos)
January 12, 1999
An aet to affiend Seetion 1903 of the Edueatien Code, to
amend Seetions 17, 19.2, 2900.5, 410,19, 8051, 8052, 8061, and 8080
of-, to add Seetions 19.3, 4000.2, and 8100 to, aftd to add Ghap
8.6 (ee g with Seetien 6140) to T44e 7 of Pfft 3 of the
Peftf4 lfclati g to puftishment. An act to add Section
11112.5 to, and to add and repeal Chapter 10.4 (commencing
with Section 13895) of Title 6 of Part 4 of, the Penal Code, and
to amend Section 12805 of the Vehicle Code, relating to
warrants, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 175, as amended, Rainey. Prisen Inmate Population
Mastff Warrants.
(1) Existing law empowers the Office of Criminal Justice
Planning (OCJP) to, among other things, define, develop, and
correlate programs and projects for the state criminal justice
agencies.
Existing law establishes the California Law Enforcement
Telecommunications System (CLETS) which makes records
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SB 175 —2—
maintained by the Department of Justice accessible to, among
others, law enforcement agencies.
This bill would establish in OCJP the Service of Arrest
Warrants Pilot Program, a 3-year pilot program, to provide
financial and technical assistance to local law enforcement
agencies in the City and County of San Francisco and the
Counties of Contra Costa and San Bernardino for the purpose
of assisting in the apprehension of persons with outstanding
arrest warrants. The bill would require: (a) the executive
director of OUP to prepare and issue administrative and
procedural guidelines for the operation of the program; (b)
the agencies receiving funds under this program to submit a
specified report to OUP one year after receipt of grant funds
and annually thereafter; and (c) OUP to report to the fiscal
committees of the Legislature no later than January 1
following the year in which OUP has received any report
from an agency, as specified.
This bill would require the Department of Justice to
transmit to the Department of Motor Vehicles records of all
felony and misdemeanor warrants entered in CLETS by law
enforcement agencies pursuant to this bill.
(2) Existing law establishes a number of specified
conditions that, when applied to any person, prohibits the
Department of Motor Vehicles from issuing a driver's license
to, or renewing the driver's license of, that person.
This bill would include among these conditions the
possession of an outstanding arrest warrant.
(3) The bill would appropriate $1,500,000 from the General
Fund to the Office of Criminal Justice Planning for
expenditures in support of the Service of Arrest Warrants
Pilot Program.
(1) Uttder- existiftg law, no per-soft senteneed to
eaftfiftefnent ift a leea4 eorreetieftal f6eility tnay be eawd?At+ed
to tha f6eility for lenger dtaft efte yeaf-.
This bill Would ftUth%jIiII%.' a persett who is eaftyieted and
sentefteed for . )Ieftf fe4efty to be plaeed ift a leeal
eerreetional f6eilify for ftet fftore than 35 menths, for- ptffposes
of treatment, ifteafeerfg4ett, ftftd sup i i ' if the eettftty in
whieh the per-sen tis eonvieted -btas ftfl approved.
eoffhtrmttity based ptittishment plan , has exeettteEl tt eontrEte
96
-3— SB 175
with the Board of Garreetions to plaee that type of off-endef-,
and the beaf-d makes a finding t-ha+ ifteafeerafieft of fel
to the sta+e when eempared to the east of ineafeerating felons
the {.Viii! of tt,,,.n"-eefteaet., mfhe biJ4
■ ould audiei ze the.
as defined by the bill, to adwAnistef- eewimuftify base
tem-oftel:
disordered,T+i9 bill would deele&e the intent of the Legislaoffe to
t-r,e a+ mentally disabled,
and mental
! !
This bill would r-eqttife the depamnent to establish a
Medieal Detentieft Program that uses lieensed health ee&e
! !
and
ill! !
of Gorreefiefts oft ifttna+e eligibility for the pr-ografn.
(3) EXistifig law defittes cc• !!
as thosef
T+is bill would ehaftge the ferm to cc•
ntermediate
puftishffteftts!!
and would add ifteareef-afieft ift read eamps aft
work eftmps to these types of puf4shmefter.-
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SB 175 —4
Existing I&W A ea ftivy based ponishment plans
to be submAt+ed for aftnual appreval of- fnedifieation by a
e0unty be"d Of X FS7
This bill instead would require that they be subfnifted
periedieaHy; as EleterfrAfted by the board of X r-R.-
(4) This bill would make eeftfenrAftg ehanges.
Vote: fnajer-it-y 213. Appropriation: tie yes. Fiscal committee:
yes. State-mandated local program: no.
The people of the State of California do enact as follows:
I SECT40N 1. This aef shall be known md may be eited
2 SECTION 1. Section 11112.5 is added to the Penal
3 Code, to read:
4 11112.5. The Department of Justice shall transmit to
5 the Department of Motor Vehicles records of all felony
6 and misdemeanor warrants entered in the California Law
7 Enforcement Telecommunications System by law
8 enforcement agencies pursuant to paragraph (1) of
9 subdivision (c) of Section 13896
10 SEC 2. Chapter 10.4 (commencing with Section
11 13895) is added to Title 6 of Part 4 of the Penal Code, to
12 read:
13
14 CHAPTER 10.4. SERVICE OF ARREST WARRANTS PILOT
15 PROGRAM
16
17 13895. The Legislature finds and declares that the
18 apprehension of persons with outstanding arrest warrants
19 is vital to the protection of the public safety and the
20 maintenance of the criminal justice system. The
21 Legislature further finds that the prevalent law
22 enforcement "chance encounter" strategy has not been
23 effective in reducing the backlog of arrest and bench
24 warrants statewide. According to the Board of
25 Corrections' estimates, there were 2,595,335 unserved
26 warrants at the end of 1998. The Legislature further finds
27 and declares that the ability of persons who have arrest
28 warrants pending against them to evade apprehension
29 undermines respect for the criminal justice system and
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-5 SB 175
1 places public safety at risk. In enacting this chapter, it is
2 the intent of the Legislature to determine whether
3 increasing financial resources, providing technical
4 assistance, and promoting innovative practices can
5 reduce or eliminate the backlog of arrest warrants and
6 reduce crime in jurisdictions that receive this assistance.
7 13896 (a) There is hereby established in the Office
8 of Criminal Justice planning (OCJP) a pilot program of
9 financial and technical assistance for local law
10 enforcement agencies to assist in the apprehension of
11 persons with outstanding arrest warrants.
12 (b) The Office of Criminal Justice Planning shall, to
13 the extent that funds are made available for this purpose,
14 distribute funds to the City and County of San Francisco,
15 and to the Counties of Contra Costa and San Bernardino.
16 These funds shall be distributed to the San Francisco
17 Police Department and to the county sheriffs'
18 departments of the Counties of Contra Costa and San
19 Bernardino to be used for the hiring of personnel and the
20 development of policies to reduce or eliminate the
21 backlog of arrest warrants. As used in this section "arrest
22 warrants" includes bench warrants.
23 (c) The executive director of OUP shall prepare and
24 issue administrative guidelines and procedures for the
25 Service of Arrest Warrants Pilot Program. The guidelines
26 do not constitute rules, regulations, orders, or standards
27 of general application. These guidelines shall, at a
28 minimum, do all of the following:
29 (1) Require law enforcement agencies receiving
30 funds to log all felony and misdemeanor warrants to the
31 Department of Justice's California Law Enforcement
32 Telecommunications System.
33 (2) Require law enforcement agencies receiving
34 funds under this program to collaborate with other public
35 agencies, including law enforcement agencies in
36 neighboring jurisdictions, county probation
37 departments, social service agencies, and the state
38 Department of Motor Vehicles, to develop innovative
39 approaches to apprehend persons with outstanding arrest
40 warrants.
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SB 175 —6
1 (3) Require that funds received under this chapter
2 supplement, rather than supplant, current expenditures.
3 (d) Agencies receiving funding under this program
4 shall report to OCJP one year after the receipt of grant
5 funds, and annually thereafter, on the effectiveness of the
6 grant in supporting their efforts to apprehend persons
7 with outstanding arrest warrants, reducing or eliminating
8 the backlog of outstanding arrest warrants, and reducing
9 crime.
10 (e) The Office of Criminal Justice Planning shall
11 report to the fiscal committees of the Legislature no later
12 than January I following the year in which it has received
13 any report from an agency required by this section,
14 evaluating the effectiveness of the grant program.
15 (f) Of the total funds appropriated for the purposes of
16 implementing the program established pursuant to this
17 chapter, OUP may spend up to 5 percent on
18 administrative costs.
19 (g) This section shall remain in effect only until
20 January 1, 2003, and as of that date is repealed, unless a
21 later enacted statute, that is enacted before January 1,
22 2003, deletes or extends that date.
23 SEC 3. Section 12805 of the Vehicle Code is amended
24 to read:
25 12805. The department shall not issue a driver's
26 license to, or renew a driver's license of, any person:
27 (a) Who is not of legal age to receive a driver's license.
28 (b) Who is unable, as shown by examination, to
29 understand traffic signs or signals or who does not have
30 a reasonable knowledge of the provisions of this code
31 governing the operations of vehicles upon the highways.
32 (c) When it is determined, by examination or other
33 evidence, that the person is unable to safely operate a
34 motor vehicle upon a highway.
35 (d) Who is unable to read and understand simple
36 English used in highway traffic and directional signs. This
37 subdivision does not apply to any person holding an
38 operator's or chauffeur's license issued by this state and
39 valid on September 11, 1957.
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-7 SB 175
1 (e) Who holds a valid driver's license issued by a
2 foreign jurisdiction unless the license has been
3 surrendered to the department, or is lost or destroyed.
4 (f) Who has ever held, or is the holder of, a license to
5 drive issued by another state, territory, or possession of
6 the United States, the District of Columbia, or the
7 Commonwealth of Puerto Rico, and that license has been
8 suspended by reason, in whole or in part, of a conviction
9 of a traffic violation until the suspension period has
10 terminated, except that the department may issue a
11 license to the applicant if, in the opinion of the
12 department, it will be safe to issue a license to a person
13 whose license to drive was suspended by a state which is
14 not a party to the Driver License Compact provided for
15 in Chapter 6 (commencing with Section 15000) of
16 Division 6.
17 (g) Who has ever held, or is the holder of, a license to
18 drive issued by another state, territory, or possession of
19 the United States, the District of Columbia or the
20 Commonwealth of Puerto Rico, and that license has been
21 revoked by reason, in whole or in part, of a conviction of
22 a traffic violation, until the revocation has been
23 terminated or after the expiration of one year from the
24 date the license was revoked, whichever occurs first,
25 except that the department may issue a license to the
26 applicant if, in the opinion of the department, it will be
27 safe to issue a license to a person whose license to drive
28 was revoked by a state which is not a party to the Driver
29 License Compact provided for in Chapter 6
30 (commencing with Section 15000) of Division 6.
31 (h) Who has an outstanding arrest warrant.
32 SEC 4. The sum of one million five hundred thousand
33 dollars ($1,500,000) is hereby appropriated from the
34 General Fund to the Office of Criminal Justice Planning
35 for expenditures in support of the Service of Arrest
36 Warrants Pilot Program.
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a �
SB 175 —8-
1
2
3 All matter omitted in this version of the
4 bill appears in the bill as amended in the
5 Senate, May 17, 1999 (JR 11)
6
7
O
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