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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Adopt Resolution Opposing California Proposition 47 (Criminal Sentences.
Misdemeanor Penalties. lnitiative Statute) on the November 4,2014 Ballot
October 1,2014
Chief of Police
RECOMMENDED AGTION Adopt Resolution Opposing California Proposition 47 (Criminal
Sentences. Misdemeanor Penalties. lnitiative Statute) on the
November 4, 2014 Ballot.
BACKGROUND I NFORMATION Proposition 47, dubbed The Safe Neighborhoods and Schools Act,
has qualified for the upcoming Statewide General Election and will
appear on the November 4 ballot.
Proponents of Proposition 47 claim the measure simply alters sentencing of low-level nonviolent crimes
like simple drug possession and petty theft from felonies to misdemeanors, with direct financial savings
going to other state services like K-12 schools, mental health treatment, and victim services. These
claims are false.
Proposition 47 is not a responsible long{erm solution to California's overcrowded criminaljustice system.
Rather, it is a poorly drafted initiative that opens the doors for the additional release of up to 10,000
felons from state prison, all of whom have committed serious or violent crimes. Proposition 47 also
reduces the penalty for personal drug possession and possession of predatory "date rape" drugs such as
Rohypnol, Ketamine, and GHB. This would essentially provide a "get out of jail free" card to sexual
predators found in possession of date rape drugs, regardless of their prior drug offenses. Proposition 47
also redefines grand theft in such a way that any theft, including the theft of a firearm, would only be
considered a felony if the value of the object is $950 or more. This shortcoming would effectively
deteriorate years of California policymaking aimed at reducing gun violence.
Public Safety Realignment, which was implemented in 2011, dramatically reduced the state's prison
population and shifted that burden to counties. While the full effects of Realignment have not yet been
realized, releasing 10,000 additional prison inmates would only exacerbate the negative impacts on local
criminal justice systems.
Several professional organizations have formally opposed Proposition 47, including the California Police
Chiefs Association, California State Sheriffs'Association, California District Attorneys Association,
California Coalition Against Sexual Assault, California Retailers Association, and League of California
Cities.
APPROVED
Steve Manager
As Police Chief, it is my belief that, if adopted, Proposition 47 would have a negative impact on crime and
the quality of life in Lodi and exacerbate the current burden on San Joaquin County's criminaljustice
system. I respectfully ask the City Council to adopt a resolution opposing Proposition 47.
FISGAL IMPACT:None
FUNDING AVAILABLE: N/A
Mark Helms
Chief of Police
MH/pjo
Prepared by: P.O'Keefe
cc: City Attorney
RESOLUTTON NO. 2014-182
A RESOLUTION OF THE LODI CITY COUNCIL
oPPOSTNG CALTFORNIA PROPOSITION 47 (CRIMINAL
SENTENCES. MISDEMEANOR PENALTIES. INITIATIVE
STATUTE.) ON THE NOVEMBER 4,2014 BALLOT
WHEREAS, California Proposition 47, the "Criminal Sentences. Misdemeanor Penalties.
lnitiative Statutue." referred to by proponents as the "Safe Neighborhoods and Schools Act", has
qualified for the November 4,2014 Statewide General Election; and
WHEREAS, the proponents of this measure concede that Proposition 47 will make up to
10,000 felons eligible for early release; and
WHEREAS, with the implementation of Public Safety Realignment in 2011, which altered
sentencing policy by shifting all newly convicted non-violent, non-serious, non-sex offenders to
county supervision, there is currently a significantly diminished population of non-violent offenders in
California's prisons, and there is a legitimate question as to how many of the 10,000 inmates eligible
for early release could be classified as high-risk for committing subsequent violent offenses; and
WHEREAS, Proposition 47 contains provisions re-classifying a host of felony offenses or
felony/misdemeanor offenses as simple misdemeanors, representing sweeping sentencing reform
that would be better accomplished through the state legislative process; and
WHEREAS, Proposition 47 would redefine grand theft in such a way that theft of a firearm
would be considered a misdemeanor unless the value of the gun was greater than $950, and the
ovenruhelming majority of new handguns sold in California retail for significantly less than that
amount; and
WHEREAS, Proposition 47 would reduce the penalty for possession of illicit drugs, including
drugs used to facilitate date-rape, to a simple misdemeanor; and
WHEREAS, Proposition 47 may further burden our local criminal justice systems by shifting
responsibility for additional categories of offenders to already overcrowded county jails.
NOW, THEREFORE, BE lT RESOLVED, that the City Council of the City of Lodi does
hereby oppose California Proposition 47, the "Criminal Sentences. Misdemeanor Penalties. lnitiative
Statutue." on the November 4,2014 ballot.
Date: October 1,2014
I hereby certify that Resolution No. 2014-182 was passed and adopted by the Lodi City
Council in a regular meeting held October 1,2014, by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS - Hansen, Johnson, Mounce, and
Nakanishi
COUNCIL MEMBERS - None
COUNCIL MEMBERS - Mayor Katzakian
COUNCIL MEMBERS - None
NNIFER
City Clerk
2014-182
ISON