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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Orange County Grand Jury • 2014-2015

AB 109-Realignment: Are the Public and Probation Officers at Greater Risk?

20 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 5 findings

F1 Page 104

AB109 has not resulted in an overall increase in crime in Orange County.

F2 Page 104

Although AB109 offenders must meet requirements for no convictions of serious, REPORT violent, or sexual crimes, this is only true for their latest offense. Many AB109 14 offenders do have prior convictions for serious, violent, or sexual crimes in their criminal background. REPORT 15

F3 Page 104

AB109 offenders continue to pose a danger to the community at the current recidivism rate of approximately 30%, especially as it relates to property crimes. REPORT 16 2014-2015 Orange County Grand Jury REPORT 1 AB109-Realignment: Are the Public and Probation Officers at Greater Risk? REPORT

F4 Page 105

AB109 offenders are at a higher risk for reoffending with 88% of them having a 2 drug abuse history. Orange County does not have adequate residential drug treatment beds available for the number of AB109 offenders, thus limiting the use REPORT of this preventative alternative. 3

F5 Page 105

AB109 has placed Probation Officers at greater risk, however the Orange County Probation Department has placed a high priority on officer safety by providing REPORT adequate defensive tools to the officers including firearms, batons, pepper spray, 4 and protective vests. REPORT F.6. OCPD has provided many additional tools to probation officers under AB109 to 5 ensure officer safety, with the exception of a Taser. RECOMMENDATIONS REPORT 6 In accordance with California Penal Code sections 933 and 933.05, the 2014- 2015 Grand Jury requires (or, as noted, requests) responses from each agency affected by the recommendations presented in this section. The responses are submitted to the REPORT Presiding Judge of the Superior Court. Based on its investigation of AB109 and Community Safety in Orange County, REPORT the 2014-2015 Orange County Grand Jury makes the following two recommendations: 8

Recommendations 2

R1
Page 105

The Health Care Service Agency and/or the Probation Department should review the cost of services provided to probationers, and/or on enforcement actions, to REPORT determine if any of these services or actions provide less consistent benefits 9 toward reduced recidivism than residential treatment beds and, using funds that would otherwise be spent on those services or actions, increase the number of REPORT residential drug treatment beds. (F.4.) 10
R2
Page 105

The OCPD should provide Tasers as an option for AB109 probation officers. REPORT (F.6.) 11 REQUIRED RESPONSES REPORT The California Penal Code section 933 requires the governing body of any public 12 agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such REPORT comment shall be made no later than 90 days after the Grand Jury publishes its report 13 (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected REPORT County official (e.g. District Attorney, Sheriff, etc.), such elected official shall comment 14 on the findings and recommendations pertaining to the matters under that elected official’s control to the Presiding Judge with an information copy sent to REPORT the Board of Supervisors. Furthermore, California Penal Code section 933.05, subdivisions (a), (b), and (c), provides as follows, the manner in which such comment(s) are to be made: REPORT 16 2014-2015 Orange County Grand Jury REPORT AB109-Realignment: Are the Public and Probation Officers at Greater Risk? 1 REPORT (a) As to each Grand Jury finding, the responding person or entity shall indicate one of 2 the following: (1) The respondent agrees with the finding REPORT 3 (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an REPORT explanation of the reasons therefore. 4 (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: REPORT 5 (1) The recommendation has been implemented, with a summary regarding the implemented action. REPORT (2) The recommendation has not yet been implemented, but will be implemented 6 in the future, with a timeframe for implementation. REPORT (3) The recommendation requires further analysis, with an explanation and the 7 scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when REPORT applicable. This timeframe shall not exceed six months from the date of publication of 8 the Grand Jury report. REPORT (4) The recommendation will not be implemented because it is not warranted or 9 is not reasonable, with an explanation therefore. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel REPORT matters of a county agency or department headed by an elected officer, both the 10 agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those REPORT budgetary /or personnel matters over which it has some decision making authority. The 11 response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. REPORT Comments to the Presiding Judge of the Superior Court in compliance with Penal Code 12 section 933.05 are required from: REPORT Required Reponses 13 Orange County Board of Supervisors: F.1., F.2., F.3., F.4., F.5., F.6., R.1., R.2. REPORT Requested Responses 14 Orange County Probation Department: F.1., F.2., F.3., F.4., F.5., F.6., R.1., R.2. REPORT Health Care Agency (HCA): F.4., R.1. REPORT 16 2014-2015 Orange County Grand Jury REPORT 1 AB109-Realignment: Are the Public and Probation Officers at Greater Risk? REPORT REFERENCES 2 Bird, M. & Grattet, R. A (2014). Public Policy Institute of California (PPIC): Do local realignment policies affect recidivism in California? Retrieved from: REPORT http://www.ppic.org/content/pubs/report/R_814MBR.pdf 3 California Department of Corrections and Rehabilitation (CDCR). (2013). Realignment REPORT Report: An examination of offenders released from state prison in the first year of 4 public safety realignment. Retrieved from: http://www.cdcr.ca.gov/adult_research_branch/ REPORT California Department of Corrections and Rehabilitation (CDCR). (2011). 2011 adult 5 institutions outcome evaluation report. Retrieved from : http://www.cdcr.ca.gov/adult_research_branch/ REPORT 6 Crime in the United States January to June 2012-2013. (2013). In FBI Uniform Crime Reports. Retrieved from: http://www.gbi.gov/about-us/cjis/ucr/crime-in-the u.s/2013/preliminary REPORT 7 California Penal Code Section 3450-3465. Retrieved from: http://.leginfo.ca.gov/cgi- bin/displaycode?section=pen&group=03001-04000&file=34... REPORT 8 FBI: Overall Crime Dropped Across Orange County in 2013. In Orange County Register: (November, 2014). Retrieved from: http://www.ocregister.com/articles/crime-641562-county-saw.html REPORT 9 Hernandez, S. (2014, November). FBI: Overall Crime Dropped Across Orange County in 2013. In Orange County Register: Retrieved from REPORT http://www.ocregister.com/articles/crime-641562-county-saw.htm 10 Orange County Community Corrections Partnership (OCCCP) meeting handouts, September 24, 2014, Santa Ana, CA: OC Probation Office, Grand Ave Office. REPORT 11 Orange County Grand Jury. (2012). AB109: Public safety realignment: a paradigm change .Retrieved from: REPORT http://www.ocgrandjury.org/pdfs/artic_anti_abreport/ab109report.pdf 12 Orange County Public Safety Realignment and Postrelease : Community Supervision: 2013 Update Report (2013). Retrieved from: REPORT http://www.bscc.ca.gov/downloads/Orange_County_2013-14.pdf 13 Orange County Probation Department. (2012). Authorization to Carry Firearms: REPORT Procedures Manual Item 1-4-107. Santa Ana, CA: Author 14 Orange County Probation Department. (2011). Field Officer Safety Information/Required for Field Activities: Procedures Manual Item 1-4-119. Santa Ana, CA: Author. REPORT 15 Orange County Probation Department (2014). April-June Realignment Prerelease Community Supervision (PRCS) Quarterly Report. Santa Ana, CA: Author. REPORT 16 2014-2015 Orange County Grand Jury REPORT AB109-Realignment: Are the Public and Probation Officers at Greater Risk? 1 REPORT Rubin, J. and Poston, B. (2014, October 3). L.A.'s long-declining violent crime total on 2 pace to rise this year. Retrieved from: http://www.latimes.com/local/crime/la-me- crime-stats-20141004-stor. REPORT Skeem, J.L. & Manchak, Sarah (2014). Back to the future: fFrom Klockars' model of 3 effective supervision to evidence-based practice in probation. Journal of Juvenile Offender Rehabilitation,47(3), 220-247. REPORT 4 REPORT 5 REPORT 6 REPORT 7 REPORT 8 REPORT 9 REPORT 10 REPORT 11 REPORT 12 REPORT 13 REPORT 14 REPORT 15 REPORT 16 2014-2015 Orange County Grand Jury REPORT 1 AB109-Realignment: Are the Public and Probation Officers at Greater Risk? REPORT