Connect with us

Crime

State Bill Reining in Rogue Police Officers Passes; Zero-Bail Bill Paused After Tragic Murder

Senate Bill (SB) 262, a bail reform bill that would have established $0 bail for some offenders, was stopped in its tracks following a grisly murder in Northern California but Senate Bill (SB) 2 and Assembly Bill (AB) 333 have both passed significant milestones on their paths to becoming law.

Published

on

Legislation Stock Photo Courtesy of California Black Media

Over the last two weeks, it has been a mixed bag of wins and losses for bills concerned with the rights of people interacting with the criminal justice system.

A bill concerned with criminal justice reform is SB 2. The state Senate approved it on September 8 with a 28-9 vote.

It calls for barring police officers who have been fired for misconduct or charged with one of a set of specific crimes from being hired in another jurisdiction in California.

Sen. Steven Bradford (D-Gardena), one of the authors of SB 2, celebrated the bill’s passing on the Senate floor.

“This is a major victory for advocates of public safety,” Bradford said. “California, and the nation as a whole, have experienced tragedy after tragedy where consequences for egregious abuses of power went unpunished and cries for accountability went unanswered — eroding public trust in law enforcement.”

“This bill is the first of its kind in California and we finally join the 46 other states with processes for the decertification of bad officers,” continued Bradford.  “SB 2 establishes a fair and balanced way to hold officers who break the public trust accountable for their actions and not simply move to a new department. This could not have been achieved without the support of many legislators, community organizations, families, and entertainers who advocated non-stop for accountability in our policing system.”

Bradford went on to explain other benefits of SB 2 as he sees it.

“The bill will create a strong and effective method for California to remove bad officers in a fair and reasonable manner. Police have one of the most difficult jobs on the planet. A decertification system puts California back on track to restoring communities’ faith in men and women of uniform who do their job well,” Bradford continued.

Senate Bill (SB) 262, a bail reform bill that would have established $0 bail for some offenders, was stopped in its tracks following a grisly murder in Northern California but Senate Bill (SB) 2 and Assembly Bill (AB) 333 have both passed significant milestones on their paths to becoming law.

In Sacramento, Troy Davis, 51, a repeat offender released on zero bail, allegedly raped and murdered a woman before setting her house on fire, killing her dogs as well.

Yolo County District Attorney Jeff Reiseg expressed his outrage over the murder and blasted the leniency supported in bills like SB 262 that he believes is partially to blame for crimes like that.

“This horrific crime could have been avoided. He should have never been released on zero bail. Bail reform is appropriate as long as judges always have discretion to hold violent criminals in custody. When ‘reforms’ go too far, this is the nightmare. God rest her soul.” Reiseg wrote on Facebook.

Assemblymember Jim Cooper (D-Sacramento), who is a member of the California Legislative Black Caucus, also expressed his outrage.

“This is not an isolated incident,” he tweeted. “Violent felons are released daily, terrorizing our communities because of CA’s soft on crime laws. I will continue to fight this madness and all other bills that prioritize protecting criminals instead of victims.”

The zero-bail measure was implemented by California’s Judicial Council in April last year as an emergency rule, but voters overturned it as Proposition 25, a statewide ballot initiative, in last November’s general election.

SB 262 has been amended to give judges discretion based on risk assessment, similar to SB 10 in 2018, but it is still facing backlash.

Senate Majority Leader Bob Hertzberg (D-Van Nuys), author of SB 10 and SB 262, told the Associated Press that his colleagues reached out to him to express concern after the murder in Sacramento.

Hertzberg took to Twitter to address the heinous crime.

“I’m heartbroken and angered by the heinous murder of a Sacramento woman this past weekend. The parolee who did this should have never been released back to the community,” Hertzberg tweeted.

Hertzberg went on to suggest that SB 262 might have helped avoid this crime.

“The Safe and Resilient Communities Act could have prevented this crime from happening in the first place. #SB262 requires the Judicial Council to establish statewide standards for bail amounts, meaning counties will no longer be able to operate zero bail policies,” he wrote.

Hertzberg announced that he will be postponing SB 262 and hopes it will be taken up by the state Legislature next year.

“Earlier this year, the State Supreme Court ruled that California’s cash bail system is unconstitutional. SB 262 simply provided a framework for the state to implement this ruling. Don’t get me wrong: we’re not done with bail – not even close,” he tweeted.

Another criminal justice reform bill that made headlines last week was AB 333, authored by California State Senator Sydney Kamlager (D-Los Angeles).

AB 333 would reduce “the list of crimes that allow gang enhancements to be charged, prohibiting the use of the current charge as proof of a ‘pattern’ of criminal gang activity, and separating gang allegations from underlying charges at trial,” according to a press release from Kamlager’s office.

Gang enhancements are additional prison sentences prescribed to individuals who are alleged to be associated with a criminal street gang.

As of August 2019, about 92% of adults in California with gang enhancement charges in state prisons are either Black or Latino, according to California Department of Corrections and Rehabilitation (CDCR) data.

Kamlager asserted that her bill is a law-and-order bill.

“At the heart of AB 333 is due process,” Kamlager said, “AB 333 just asks for the charges to be proven when they’re levied against someone. Right now, our system allows a shaved head, tattoos, or even the color of your grandma’s house as reason to be charged with a gang enhancement. That’s antithetical to how our judicial process should operate, and I am glad we are one step closer to a fix.”

AB 333 passed in the state Senate with a vote of 25-10 and on September 8 the Assembly approved it as well with a 41-30 vote.

Criminal justice reform is a complicated and nuanced undertaking that crisscrosses well established fault lines concerning public safety, criminal justice, racial equity, human dignity, and personal freedom. These bills are no exception.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

City Government

Mayor Breed Announces Privately Funded Rewards for Information Leading to Conviction of Auto Burglary Fencing Operators

New initiative will bolster the success of recent strategic deployments to high-traffic tourism, workplace, and retail destinations

Published

on

Car thief stealing a car./ iStock

Mayor London N. Breed announced a privately funded cash reward for information leading to the arrest and conviction of individuals involved in organized criminal fencing operations known to fuel vehicle smash-and-grabs. 

Announced Tuesday, this initiative builds on Breed’s recent expansion of community-based ambassadors and police patrols to high-traffic businesses, tourist, and retail destinations, which has resulted in a 37% drop in citywide auto burglaries from the year’s July 4 highpoint to the most recent reporting period.

The new initiative is a keystone element in a comprehensive auto burglary strategy that aims to educate motorists and visitors; deter, investigate and arrest active auto burglars; and shut down the upstream criminal enterprises that traffic in stolen goods, fueling street-level auto burglaries. 

Investigators within the San Francisco Police Department and among regional law enforcement partner agencies in Northern California estimate that fewer than a dozen regular auto burglary crews are responsible for the large majority of auto burglaries that have plagued Bay Area cities in recent years.

“The frequent auto burglaries in San Francisco are not victimless crimes, they have real financial and emotional consequences for the victims and we’re continuing to work to hold people who commit these crimes accountable,” said Breed. “These break-ins hurt our residents, especially working families who do not have the time or money to deal with the effects, as well as visitors to our City whose experiences are too often tarnished after an otherwise positive experience.

“We’ve made good progress in recent months since announcing our Tourism Deployment Plan, but there’s still more work to do to ensure that everyone feels safe on our streets. I want to thank our partners in the private sector who understand the urgency of this issue, and we want to be very clear to the organized groups who are responsible for the vast majority of these crimes that we are committing the resources and the manpower to hold you accountable.”

The new cash reward system, which is being fully funded by private donors in the hospitality and tourism industry, will provide monetary incentives in exchange for information regarding high-level leaders of organized auto burglary fencing operations. 

Individuals that provide accurate and transparent information will be compensated up to $100,000 pending the arrest and conviction of individuals involved. In total, funds raised are in excess of $225,000 so far.

“Organized crime has been driving a lot of the theft in this city. The people at the top have been raking in huge sums of money by paying street-level criminals to do all their stealing for them, making working families miserable in the process. This initiative is going to help us take these rings apart,” said Sharky Laguana, president of the Small Business Commission.

Recent initiatives helping to reduce auto burglaries

In recent months, Breed has announced the strategic deployments of police and community-based ambassadors to support San Francisco’s reemergence from COVID-19 restrictions and deter property crimes likely to accompany renewed economic activity — including auto burglaries.

Breed’s Tourism Deployment Plan, announced in July, assigned 26 additional police officers on bicycle and foot patrols to an array of high-traffic and highly sought-after travel destinations citywide. 

Public safety deployments of police officers and community-based partners were also key elements of the Mayor’s Mid-Market Vibrancy and Safety Plan launched in May and the Organized Retail Crime Initiative, which Breed announced last month. 

The combined emphasis on high-visibility patrols in areas long targeted by auto burglars has been instrumental in reducing auto burglary rates — even as tourism and economic activity begin returning to pre-pandemic levels.

The San Francisco Police Department has also stepped up its “Park Smart” public awareness campaign in recent months. Park Smart is a collaboration among SFPD, the San Francisco Municipal Transportation Agency, the Department of Emergency Management, SF SAFE, the Fisherman’s Wharf Community Benefit District, and local tourism and travel partners. 

Educating motorists and visitors on how to help prevent vehicle burglaries by taking common-sense precautions, Park Smart’s recommended strategies when parking vehicles in San Francisco include placing items in trunks; never leaving valuables in view; and parking in lots staffed with attendants whenever possible.

2021 CompStat numbers on auto burglaries in San Francisco

According to San Francisco Police Department CompStat data, the 2021 highpoint for auto burglaries came just two weeks after California began to emerge from its COVID-19 lockdown, with 566 auto burglaries reported citywide for the week ending July 4, 2021.

Deployments of police and community-based patrols launched the following week under Mayor Breed’s Tourism Deployment Plan have since led to a sustained drop in auto burglaries — even with Fleet Week, San Francisco Giants post-season games, the return of Golden State Warriors’ games to Chase Center and other attractions ushering in a comeback in visitors to the City.

SFPD CompStat data for the most recently reported period, for the week ending Oct. 17, 2021, show that a total of 358 auto break-ins were committed in San Francisco — a drop of 37 percent from the July 4 holiday.

Auto burglary incident counts by year have generally trended down since 2017, when San Francisco recorded 31,409 such incidents. Although 2021 has predictably trended higher than the COVID-19 lockdown year of 2020, it remains well below pre-pandemic rates that reached 25,886 reported auto burglaries for the 2019 calendar year.

“Today’s announcement adds a promising new tool to the coordinated efforts of public and private sector partners to fight auto burglaries in San Francisco,” said Chief of Police Bill Scott. “We know the profit motives of a few upstream fencing operations are fueling thousands of auto burglaries and other kinds of thefts. This generously funded cash reward enables us to flip the script on profit motives — creating an incentive that can help us bring these criminal enterprises to justice.

“On behalf of all of us in the San Francisco Police Department, we’re grateful to the funders of this generous partnership with our City. We thank Mayor Breed for her leadership, and we’re pleased to see strategic deployments of our officers and our community partners making progress to keep auto burglaries down. We’re very hopeful that this new initiative will help make San Francisco’s so-far successful efforts on auto burglaries even more successful moving forward.”

Staff reductions due to unvaccinated officers won’t affect patrol functions

Given the San Francisco Police Department’s emphasis on adequately staffing such core police functions as patrol and investigations, reductions in force owing to unvaccinated SFPD members will have no effect on existing high-visibility deployments. 

Most SFPD employees, including all sworn members, were required to be fully vaccinated by Oct. 13, 2021, under the City’s COVID-19 vaccination policy and the San Francisco County Health Officer’s “Safer Return Together” health order. 

Following the October 13 deadline last Thursday, 76 SFPD officers — or 3.5% of the Department’s sworn members — remained unvaccinated and are ineligible to perform policing functions.

Continue Reading

Community

Marin County Sheriff Sued for Illegally Sharing Drivers’ License Plate Data

This practice has violated two California laws, endangers the safety and privacy of local immigrant communities, and facilitates location tracking by police.

Published

on

An example of ALPRs (www.pasadenanow.org)

Marin County Sheriff Robert Doyle has been sued for illegally sharing millions of local drivers’ license plates and location data, captured by a network of cameras his office uses, with hundreds of federal and out-of-state agencies, such as Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), over a dozen other federal law enforcement agencies, and more than 400 out-of-state law enforcement agencies.

This practice has violated two California laws, endangers the safety and privacy of local immigrant communities, and facilitates location tracking by police.

The suit seeks to end the sheriff’s illegal practice of giving hundreds of agencies outside California access to a database of license plate scans used to identify and track people, revealing where they live and work, when they visit friends or drop their kids at school, and when they attend religious services or protests.

The lawsuit was filed in Marin County Superior Court by the ACLU Foundations of Northern California, Southern California, and San Diego and Imperial Counties, the Electronic Frontier Foundation (EFF), and attorney Michael T. Risher representing community activists Lisa Bennett, Cesar S. Lagleva, and Tara Evans, who are longtime Marin community members.

License plate scans occur through Automated License Plate Readers (ALPRs): high-speed cameras mounted in a fixed location or atop police cars moving through the community that automatically capture all license plates that come into view, recording the exact location, date, and time that the vehicle passes by.

The Marin County Sheriff’s Office scans tens of thousands of license plates each month with its ALPR system. That sensitive personal information, which includes photographs of the vehicle and sometimes its driver and passengers, is stored in a database.

The sheriff permits hundreds of out-of-state agencies and several federal entities, including the Department of Homeland Security, to run queries of a license plate against information the sheriff has collected. The agencies are also able to compare their own bulk lists of vehicle license plates of interest, known as “hot lists,” against the ALPR information collected by the sheriff’s office. 

“In the hands of police, the use of ALPR technology is a threat to privacy and civil liberties, especially for immigrants. Federal immigration agencies routinely access and use ALPR information to locate, detain, and deport immigrants. The sheriff’s own records show that Sheriff Doyle is sharing ALPR information with two of the most rogue agencies in the federal government: ICE and CBP,” said Vasudha Talla, immigrants’ rights program director at the ACLU Foundation of Northern California. “Police should not be purchasing surveillance technology, let alone facilitating the deportation and incarceration of our immigrant communities.”

California’s S.B. 34, enacted in 2015, bars this practice. The law requires agencies that use ALPR technology to implement policies to protect privacy and civil liberties, and specifically prohibits police from sharing ALPR data with entities outside of California. 

The sheriff also violates the California Values Act (S.B. 54), also known as California’s “sanctuary” law. Enacted in 2018, the law limits the use of local resources to assist federal immigration enforcement.

“The information unveiled through this lawsuit shows that the freedoms that people think they possess in Marin County are a mirage: people cannot move about freely without being surveilled,” said Bennett. “Our county sheriff, who has sworn to uphold the law, is in fact violating it by sharing peoples’ private information with outside agencies. This has especially alarming implications for immigrants and people of color: two communities that are traditionally the targets of excessive policing, surveillance, and separation from loved ones and community through incarceration or deportation.”

The Marin County Post’s coverage of local news in Marin County is supported by the Ethnic Media Sustainability Initiative, a program created by California Black Media and Ethnic Media Services to support community newspapers across California.

Continue Reading

Community

California Black Caucus Gives Thumbs Up to Law Reforming Courtroom Sentencing

The new law marks a correction to a ruling that was only meant to last two years but ended up lasting 14.

Published

on

Protestors raising fists high above heads. Concept of protest, human rights, fighting.

Members of the California Legislative Black Caucus (CLBC) are applauding a new law Gov. Newsom signed on October 8 that modifies the state court sentencing procedure for crimes.

Senate Bill (SB) 567 requires judges to only hand out sentences with lengths that match a number of years that reflect the median point of the possible term.

Moving forward, according to the new law, sentences will only exceed middle term after circumstances presented to a jury are proven beyond a reasonable doubt.

“We are now in a period of reckoning that requires us to confront the reality and interconnectedness of racism, inequality, and injustice which have permeated our institutions and deprive people of liberty, without the fundamental standards for fairness in our processes,” said Sen. Steven Bradford (D-Gardena), who is chair of the CLBC

The new law marks a correction to a ruling that was only meant to last two years but ended up lasting 14.

In 2007, the Supreme Court of the United States (SCOTUS) held in Cunningham v. California ruled that California’s determinate sentencing law was unconstitutional. The court found that California law impermissibly allowed judges to impose an upper/maximum term based upon facts that were never presented to a jury and deemed to be true beyond a reasonable doubt. This was a violation of the 6th Amendment to the U.S. Constitution right to a trial by jury, according to the SCOTUS.

Later that year, a temporary law was put into place allowing judges to impose any of the three sentencing terms as long as they stated a reason for giving them. The law allowed judges to apply a maximum sentence without granting defendants the opportunity to have a jury determine if the reasoning for the sentence was true or not. The law was supposed to last until 2009 when a review of the sentencing process could determine a long-term solution.

However, the mandate ended up lasting until Gov. Newsom signed the law a little over a week ago.

Bradford was a lead proponent of SB 567 as part of this year’s criminal justice reform efforts.

“SB 567 makes our criminal justice system more credible and is a step in the right direction for criminal justice reform. I am grateful to Governor Gavin Newsom for signing the bill and appreciate the support of my legislative colleagues who voted for the bill because, only together, can we create a system that gives the public more confidence,” he said.

The bill was also sponsored by California Attorneys for Criminal Justice, Legal Services for Prisoners with Children, and Communities United for Restorative Youth Justice and supported by organizations such as Ella Baker Center for Human Rights, Los Angeles County District Attorney’s Office, and San Francisco Public Defender.

“SB 567 is a huge step forward in the fight for true justice in the courtroom. The impact of long sentences on individuals and families should not be taken lightly or subjected to arbitrary terms. As a lawyer and someone who has been impacted by the loss of loved ones to incarceration, I find this bill a worthy step in the right direction,” said Joanna Billingy, policy manager for Legal Services for Prisoners with Children.

SB 567 will take effect on Jan. 1, 2022.

Continue Reading

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Trending