GOOD MORNING. WE WILL START
WITHOUT A QUORUM AND TAKE ACTION
AS WE GET MEMBERS DOWN THE ROAD.
WE HAVE ONE AUTHOR HERE, SENATOR
ROTH, PLEASE COME FORWARD. SB
902. MAKING SCHOOL VEHICLES
VIRTUAL. THANK YOU, MR. CHAIR.
AND MEMBERS, I AM PRESENTING
SENATE BILL LETTER TWO, WHICH
WILL ADD AN AUTOMATIC TEN YEAR
TERM'S PROHIBITION TO
MISDEMEANOR ANIMAL ABUSE
CONVICTIONS. WE'RE TALKING ABOUT
SERIOUS ANIMAL CRUELTY INCIDENTS
HERE, NOT MINOR SWATTING THE DOG
BECAUSE THE DOG CHEWED THE
NEWSPAPER. THESE ARE CONVICTIONS
OF PENAL CODE 597A FOR THE
MALICIOUS AND INTENTIONAL
MAIMING, MUTILATION, TORTURE,
WOUNDING OR KILLING OF AN
ANIMAL. NOW, CALIFORNIA HAS HAD
A HISTORY OF ENSURING FIREARMS
DO NOT FALL INTO THE HANDS OF
THOSE THAT HAVE DEMONSTRATED
VIOLENT TENDENCIES IN AN ATTEMPT
TO PREVENT FUTURE VIOLENCE
AGAINST OTHERS. CRIMES SUCH AS
STALKING, ENDANGERING THE HEALTH
OF A CHILD AND ENDANGERING THE
HEALTH OF AN ELDER OR DEPENDENT
ADULT. RESEARCH REFLECTS THAT
41% OF INTIMATE PARTNER VIOLENCE
OFFENDERS HAD HISTORIES OF
ANIMAL CRUELTY IN THE PAST, AND
THAT INDIVIDUALS WHO COMMIT
ANIMAL ABUSE ARE FIVE TIMES MORE
LIKELY TO COMMIT VIOLENCE.
CRIMES AGAINST HUMANS. BASED ON
THE CONNECTION, IN 2016, THE FBI
AMENDED THE NATIONAL INCIDENT
BASED REPORTING SYSTEM TO START
COLLECTING DATA ON ANIMAL ABUSE.
GIVEN THE NUMEROUS STUDIES
SHOWING THAT ANIMAL ABUSE IS A
PREDICTOR OF VIOLENCE AGAINST
HUMANS, CALIFORNIA VÀ NEEDS TO
ENSURE THAT DANGEROUS PEOPLE
WITH A HISTORY OF ANIMAL ABUSE
ARE PROHIBITED FROM OWNING AND
POSSESSING FIREARMS FOR AT LEAST
TEN YEARS. I'VE TAKEN AMENDMENTS
TO ADDRESS THE REASONABLE
CONCERNS FROM THE OPPOSITION AND
MOVE THE ACLU AND PUBLIC
DEFENDERS TO A POSITION OF
NEUTRAL ON THIS BILL WITH ME
TODAY TO TESTIFY ON BEHALF OF
THE BILL IS RIVERSIDE COUNTY
DEPUTY DISTRICT ATTORNEY MEGAN
HOLTMAN. THANK YOU. YOU HAVE
FIVE MINUTES. GOOD MORNING
EVERYONE. MY NAME IS MEG
HOLTMAN, AND I'M A DEPUTY
DISTRICT ATTORNEY OUT OF
RIVERSIDE COUNTY. COUNTLESS
STUDIES HAVE SHOWN THAT THERE IS
A LINK BETWEEN ANIMAL ABUSE AND
VIOLENCE TOWARD HUMANS.
STATISTICALLY, THOSE WHO HARM
ANIMALS ARE MORE LIKELY THAN
OTHERS TO GO ON TO HARM HUMANS.
IT IS A CRIME TO ABUSE ANIMALS
HERE IN THE STATE OF CALIFORNIA
AND PENAL CODE SECTION 597A
APPLIES SPECIFICALLY TO THE MOST
EGREGIOUS FORMS OF ANIMAL ABUSE,
SPECIFICALLY, THOSE WHO COMMIT
AFFIRMATIVE ACTS OF VIOLENCE
TOWARD ANIMALS. IT DOES NOT
INCLUDE THOSE WHO, FOR EXAMPLE,
NEGLECT THEIR ANIMALS BY NOT
FEEDING THEM. THIS SECTION
ENCOMPASSES PRECISELY THE
BEHAVIOR THAT HAS BEEN FOUND TO
BE A PREDICTOR FOR VIOLENCE
AGAINST PEOPLE NATIONWIDE. GUN
VIOLENCE IS AT AN ALL TIME HIGH.
MASS SHOOTINGS ARE BECOMING ALL
TOO COMMON, AND GUNS ARE
BECOMING MORE PREVALENT IN ALL
KINDS OF CRIMES, INCLUDING
DOMESTIC VIOLENCE. IT'S
IMPORTANT THAT THESE POTENTIALLY
LETHAL WEAPONS ARE NOT READILY
AVAILABLE TO THOSE WHO HAVE
ALREADY DEMONSTRATED A
WILLINGNESS TO HURT OTHERS.
CALIFORNIA HAS LONG LED THE WAY
IN SEEKING TO KEEP GUNS OUT OF
THE HANDS OF THOSE WITH
DEMONSTRATED VIOLENT TENDENCIES.
NOW FELONS ARE PROHIBITED FROM
POSSESSING FIREARMS. HOWEVER
UNDER CURRENT LAW, SOMEONE WHO
IS CONVICTED OF MISDEMEANOR
LEVEL ANIMAL ABUSE CAN ACCESS
AND POSSESS A GUN AS SOON AS
THEY'RE OFF OF PROBATION. AND
HERE IN CALIFORNIA, MISDEMEANOR
PROBATION IS ONLY A YEAR LONG.
THIS MEANS THAT AN ANIMAL ABUSER
CAN LAWFULLY GET ACCESS TO A GUN
WITHIN ESSENTIALLY A YEAR OF
CONVICTION. THE PURPOSE OF THIS
BILL IS TO ENSURE THAT THOSE WHO
HAVE ACTED TO HURT ANIMALS ARE
NOT ABLE TO LAWFULLY ACCESS OR
POSSESS FIREARMS WITHIN A TEN
YEAR PERIOD. IDEALLY, THIS WILL
ALLOW AMPLE TIME FOR REFLECTION
AND TO CORRECT WHATEVER IT IS
THAT LED TO THOSE THE VIOLENT
CONDUCT IN THE FIRST PLACE. SO
SB 902 IS A STEP TOWARD SAFER
COMMUNITIES, AND I WOULD
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU. ANY OTHERS IN SUPPORT
, PLEASE COME FORWARD. GOOD
MORNING, LIEUTENANT JULIO DELEON
FROM THE RIVERSIDE SHERIFF'S
OFFICE, AND WE'RE IN SUPPORT.
GOOD MORNING, MICHELLE ROBERTS,
ON BEHALF OF THE CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION,
IN SUPPORT. GOOD MORNING, CHAIR
AND MEMBERS, JARED MOSS ON
BEHALF OF THE CALIFORNIA POLICE
CHIEFS IN SUPPORT. GOOD MORNING.
CHAIR MEMBERS. NICHOLAS HACKETT,
ON BEHALF OF SOCIAL COMPASSION
IN LEGISLATION IN SUPPORT. THANK
YOU. ANY OPPOSITION, PLEASE COME
FORWARD. SEEING NO OPPOSITION
QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS. WE WERE ONE
SHORT. STILL SO WE'LL TAKE THAT
UP, LATER. BUT YOU MAY CLOSE. AT
THIS TIME. WE CAN REMEMBER THAT
YOU'RE CLOSE. THANK YOU, MR.
CHAIR. AT THE APPROPRIATE TIME.
RESPECTFULLY WE ASK FOR AN AYE
VOTE, AND I WANT TO THANK YOU
AND YOUR MEMBERS FOR YOUR
CONSIDERATION. THANK YOU. OKAY.
THANK YOU. THERE ARE NO NO BILLS
.
YEAH.
126. YES.
WITH NO AUTHORS AT ALL. SO
THERE'S NONE. BECAUSE SHE SHOULD
. THERE'S NO AUTHORS HERE AT ALL
. YES MOST LIKELY SHE WILL GET
OUR ATTENTION, IT JUST DEPENDS
ON THE TIMING. BUT IT'S ONLY
FOUR OTHER BILLS, INCLUDING HERS
. YEAH, BUT IF SHE CAN KEEP AN
EYE. IS SHE OVER THIS? YEAH,
THAT MIGHT BE A. Ó. SHE'S
CHAIRING THAT UP. WHY? SO SHE'S
CHAIRING THAT IN BRADFORD'S ALSO
ONE OF OUR HONORS, CHAIRING THAT
FOR THOSE TWO, LET'S STAND BY
FOR LET ME TRY TO GET. OKAY. SO
JUST. FOR ONE. OKAY, YES. CAN I
KEEP AN EYE ON IT, THE COMMITTEE
CHAIR. LET ME TRY TO GET THE
OTHER. OKAY. THANK YOU. YEAH.
AND THEN CHAIR. SO. YEAH BECAUSE
.
I, ASSEMBLY SERGEANT STATE. DO
YOU HAVE YOU. I KNOW HE'S STILL
HERE. OKAY. I CAN JUST. AND
THERE'S KIDS WAITING FOR HIM. AT
NURSERY. YOU THERE FIRST OR
HERE. SO TO. YOU DON'T HAVE ANY
FIRST HERE. AND THERE'S ONLY
FOUR BILLS. YEAH OKAY. THANK
YOU. MY.
CHAIR AND IF HE'S OKAY THERE.
YEAH. HE'S A CHAIR. SO I'M LIKE
YEAH. OKAY. GOTCHA ALL. YEAH.
YEAH. DOWN. AGAIN ANY FURTHER?
OKAY. HERE TO CAPITAL. THAT
WOULD BE. OKAY. WE JUST NEED.
SPEED OFFICER HERE. AND THERE'S
ONLY THE FOUR.
WELCOME, SENATOR. WE DON'T HAVE
A QUORUM YET, BUT WE CAN
CERTAINLY HEAR YOUR BILL. WE
HAVE AB 1025, SB 1025, FILE ITEM
11. OKAY, LET'S ESTABLISH OUR
QUORUM REAL QUICK, AND PLEASE
CALL THE ROLL. OH WE LOST
SOMEBODY. YES. OKAY SORRY.
OKAY, SENATOR. PLEASE PROCEED.
HI. GOOD MORNING, EVERYBODY. AND
I'M HERE TO PRESENT SB 1025,
WHICH WOULD EXPAND ELIGIBILITY
FOR VETERAN DIVERSION PROGRAMS
TO INCLUDE THE SAME CHARGES THAT
ARE CURRENTLY USED, FOR MENTAL
HEALTH COURT, I DID SOME WORK ON
THIS EARLIER TO HELP MORE
VETERANS GET INTO DIVERSION
COURTS, OFTENTIMES BASED ON
THEIR HISTORY IN THE MILITARY,
THEY CAN ACT OUT IN WAYS THAT
RUN AFOUL OF THE LAW. WHEN THEY
GET OUT AND SO WE WANT TO MAKE
SURE TO OFFER THEM A DIVERSION
COURT. WELL, THEY ALREADY HAVE
ACCESS TO MENTAL HEALTH
DIVERSIONS. THEY'RE NOT
OFTENTIMES UNIQUE TO VETERANS
NEEDS. SO THIS ALLOWS THEM THEN
TO GO TO VETERANS COURT, SO I
APPRECIATE THE WORK ALSO OF MY
REPUBLICAN COLLEAGUES ON THIS.
WE'VE GOT SOME INFORMATION LATE
LAST NIGHT. YOU'D LIKE TO SEE
SOME MORE CHANGES. AND WE ARE
COMMITTED TO MAKING THOSE, WE
THINK IT'S HELPFUL FOR THE BILL
WITH ME HERE TO TESTIFY IN
SUPPORT IS CLIFF COSTA ON BEHALF
OF THE CALIFORNIA JUDGES
ASSOCIATION. AND ALSO ALEX
VALIANT, A US ARMY VETERAN.
THOMAS THANK YOU, MISTER CHAIR.
AND MEMBERS, CLIFF COSTA, TODAY,
ON BEHALF OF THE CALIFORNIA
JUDGES ASSOCIATION, WHERE THE
SPONSOR OF THE BILL AND VERY
MUCH APPRECIATE SENATOR EGGMAN,
CONTINUING OUR EFFORTS ON THIS,
WE INTRODUCED THE BILL LAST
YEAR. THIS IS OUR SECOND
ATTEMPT. GOT HELD UP IN
APPROPRIATIONS LAST YEAR. SO
WE'RE VERY HAPPY TO SEE THIS
MOVE FORWARD. VETERAN TREATMENT
COURTS ARE ONE OF THE MOST
SUCCESSFUL PROGRAMS WE HAVE AT
THE SUPERIOR COURT, AND THIS
DEFINITELY IS AN OPPORTUNITY TO
EXPAND THAT PROGRAM, TO DO AS
SENATOR EGGMAN MENTIONED, MAKE
IT ON PARITY WITH THE MENTAL
HEALTH DIVERSION, THERE ARE
CURRENTLY 46 VETERAN TREATMENT
COURTS IN CALIFORNIA, AND THAT
IS GROWING. AND SO WE THINK THAT
THIS BILL WILL HELP GROW THOSE
PROGRAMS. YOU KNOW, OUR THOSE
WHO SERVE IN MILITARY, YOU KNOW,
FACE VERY, VERY UNIQUE
CIRCUMSTANCES AND SITUATIONS.
AND THIS IS AN OPPORTUNITY TO
REALLY HELP THEM, GIVE THEM
ACCESS. AND WE CAN STEP IN AND
TAKE THEM, GIVE THEM THE
TREATMENT WE NEED. HAVE THE
COURT MONITOR THAT TREATMENT
PROCESS AND ALLOW OUR VETERANS
TO CONTINUE TO MOVE FORWARD WITH
THEIR LIVES. AND WITH THAT, I
RESPECTFULLY REQUEST YOUR AYE
VOTE. THANK YOU. THANK YOU. NEXT
WITNESS, GOOD MORNING. MY NAME
IS THOMAS LANPHIER. THE ALEX
VALIANT SWITCHEROO. I'M A MARINE
CORPS VETERAN, AND I'M ALSO THE
PROGRAM AND DEVELOPMENT OFFICER
FOR THE VETERANS TRANSITION
CENTER OF CALIFORNIA, WE PROVIDE
REHABILITATIVE PROGRAMS FOR
VETERANS WHO ARE INCARCERATED,
PAROLED, AND HOMELESS. I JUST
WANT YOU TO IMAGINE FOR A MOMENT
THAT YOU'RE A MILITARY MEMBER
AND YOU'RE RETURNING FROM
SERVICE. YOU'VE SEEN COMBAT,
YOU'VE SEEN SOMETHING TRAUMATIC
IN THE MILITARY. AND SO YOU'RE
BACK IN THE CIVILIAN WORLD AND
YOU DON'T HAVE THE SKILL SET TO
DEAL WITH THE PROBLEMS THAT YOU
FACE. SO YOU TURN TO SUBSTANCE
ABUSE. YOU REACT VIOLENTLY IN A
ENVIRONMENT THAT TRIGGERS YOU
INTO A RELAPSE OF THE CONDITIONS
THAT YOU FACED WHILE IN THE
MILITARY. THESE ARE HARSH
REALITIES FACED BY MANY VETERANS
, INCLUDING MYSELF, AND
UNFORTUNATELY, CALIFORNIA HAS
ROUGHLY 6000 INCARCERATED
VETERANS IN CDCR RIGHT NOW. SO
RIGHT NOW, VETERANS SERVING
DETERMINATE SENTENCE IN CDCR,
THEY'RE NOT REQUIRED TO
PARTICIPATE IN ANY
REHABILITATIVE PROGRAMS TO BE
PAROLED. NONE. UNLIKE THOSE WHO
SERVE INDETERMINATE TERMS, WHO
MUST PARTICIPATE IN
REHABILITATIVE PROGRAMS TO BE
FOUND SUITABLE SO THE STATISTICS
THEY TELL REALLY STARK STORY.
RECIDIVISM IS APPROXIMATELY 1%
FOR INDETERMINATE SENTENCE
PERSON VERSUS A STAGGERING 50%
FOR DETERMINATE. SB 1025 AIMS TO
CHANGE THIS. IT STRIPS AWAY THE
OPTION OF MERELY SERVING A
SENTENCE AND BEING RELEASED,
REPLACING IT WITH MANDATORY
EVIDENCE BASED REHABILITATION.
SO CURRENTLY, TAXPAYERS ARE
PAYING AROUND 100,000 PER YEAR
FOR A 50% CHANCE THAT A VETERAN
MIGHT NOT REOFFEND THROUGH
INCARCERATION. ALTERNATIVELY, WE
COULD BE INVESTING ROUGHLY
30,000 PER YEAR IN
REHABILITATION PROGRAMS PRIOR TO
INCARCERATION THAT HAVE PROVEN
TO BE 99% EFFECTIVE. QUITE
HONESTLY, THE CURRENT RETURN ON
INVESTMENT, BOTH FOR THE PUBLIC
AND THE OFFENDER IS NOT VERY
GOOD. THIS BILL OFFERS A PATH TO
BOLSTER PUBLIC SAFETY WITH
FISCAL PRUDENCE. WHILE REDUCING
THE RATES OF INCARCERATION AND
HELPING VETERANS WITH SUBSTANCE
ABUSE AND MENTAL HEALTH
PROBLEMS. FOR TOO LONG, WE'VE
BEEN SLAPPING BAND-AIDS ON
WOUNDS THAT DEMAND STITCHES. WE
HOPE TO STOP THE BLEEDING, BUT
IT'S NOT HAPPENING. BUT THIS
BILL PROVIDES THOSE STITCHES. MY
NAME IS THOMAS LANPHIER, BUT FOR
29 YEARS OF MY LIFE, I WAS KNOWN
AS J2 SIX NINE, FIVE ZERO. I'M
MARINE CORPS VETERAN WITH PTSD
IN THE CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION'S
. I KNOW FIRSTHAND WHAT WORKS
INSIDE PRISON FOR REHABILITATIVE
PROGRAM AND WHAT WORKS OUTSIDE
OF PRISON FOR REHABILITATIVE
PROGRAMS. THIS IS WHAT I DO. WE
HAVE A SAYING IN THE MILITARY
THAT WE DON'T LEAVE ANYBODY
BEHIND. AND I ASKED THIS
COMMITTEE TO REMEMBER THAT
BECAUSE IT MATTERS. IT MATTERS A
LOT TO ALL THOSE VETERANS. SO
BEHALF OF MYSELF AND THE VETERAN
COMMUNITY THAT I REPRESENT, WE
ASK YOU TO SUPPORT THIS BILL.
THANK YOU FOR YOUR TESTIMONY.
OTHERS IN SUPPORT, PLEASE COME
FORWARD. GOOD MORNING. MY NAME
IS GLENN VALIANT. I'M PROUD
FATHER OF A FORMERLY
INCARCERATED ARMY VETERAN. I'M
HERE IN SUPPORT. THANK YOU. MY
NAME IS ALEXANDER VALIANT,
FORMERLY INCARCERATED VETERAN.
I'M IN SUPPORT OF THIS BILL.
GOOD MORNING, RANDALL HAGER FOR
THE CALIFORNIA PSYCHIATRIC,
PHYSICIANS OF CALIFORNIA IN
SUPPORT URGING YOURS. THANK YOU.
THANK YOU. GOOD MORNING, MARCO
GEORGE. ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND STRONG SUPPORT.
THANK YOU, JOHN DREBINGER WITH
THE STEINBERG INSTITUTE IN
SUPPORT, CLIFTON WILSON, ON
BEHALF OF THE CALIFORNIA STATE
ASSOCIATION OF PSYCHIATRISTS IN
SUPPORT. THANK YOU. Dð COONEY,
ON BEHALF OF ACLU CALIFORNIA
ACTION AND STRONG SUPPORT. THANK
YOU, SENATOR. GOOD MORNING. ERIC
HENDERSON, ON BEHALF OF SMART
JUSTICE CALIFORNIA AND INITIATE
JUSTICE AND SUPPORT. THANK YOU.
ANYONE IN OPPOSITION, PLEASE
COME FORWARD. SEEING NONE.
QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS, MR. LACKEY.
YEAH THANK YOU. SENATOR. I I
RECOGNIZE THE MILITARY VETERANS
WITH PTSD AND OTHER PROBLEMS
STEMMING FROM THEIR SERVICE FACE
VERY UNIQUE CHALLENGES. AND IT'S
OFTEN PREFERABLE TO GET THEM
TREATMENT RATHER THAN
INCARCERATE THEM, WHICH IS
OFTEN, UNFORTUNATELY, HOW WE
TREAT THESE CHALLENGES. BUT THIS
BEING SAID, IN A FEW PREVIOUS
MEASURES OF THIS, THIS BODY HAS
SUPPORTED IT, PROVIDED THAT
DEFENDANTS WHO ARE GRANTED
MENTAL HEALTH DIVERSION, BE
PROTECTED FROM OWNING OR
POSSESSING A FIREARM DURING THE
PERIOD OF DIVERSION BECAUSE THEY
ARE A DANGER DURING THAT PERIOD
OF TIME TO THEMSELVES AND
OTHERS. AND WHILE THE PREVIOUS
BILLS DID NOT RELATE TO
VETERANS, I THINK THE SAME
CONCERNS THAT MOTIVATED THE
PREVIOUS BILLS APPLY HERE AS
WELL. SO I WOULD FEEL A LOT MORE
COMFORTABLE SUPPORTING THIS
BILL, IF YOU WOULD ACTUALLY
COMMIT TO AMENDING TO ENSURE
THAT, THAT THE SAME PROVISIONS
APPLY, THAT A PERSON WHO COMMITS
SERIOUS OR VIOLENT CRIMES SHOULD
NOT HAVE FIREARMS, AT LEAST
DURING THE DIVERSION PERIOD. AND
I KNOW THAT THIS ISSUE WAS
RAISED WITH YOUR STAFF AND WITH
THE SPONSOR. AND I JUST WANTED
TO CONFIRM THAT YOU'RE COMMITTED
TO MAKING THAT CHANGE. YES.
THANK YOU. I'LL DEFINITELY BE
HAPPY TO SUPPORT THIS BILL. THEN
THANK YOU. WE DON'T HAVE A
QUORUM YET, BUT, YOU CAN CLOSE
AND WE'LL TAKE NOTE. THANK YOU
VERY MUCH. I DON'T THINK I CAN
SAY IT ANY BETTER THAN OUR
COMBAT VETERANS. SO LET'S KEEP
VETERANS OUT OF PRISONS AND INTO
TREATMENT AND BACK ON THE ROAD,
TO PRODUCTIVE LIVES. THANK YOU.
THANK YOU, THANK YOU. SENATOR
BRADFORD, PLEASE COME FORWARD.
SB 1020, FILE NUMBER ONE. FILE
NUMBER TEN. OH. PLEASE BEGIN.
THANK YOU, MR. CHAIR. I'M HERE
TO PRESENT SB 1020, WHICH IS A
STRAIGHTFORWARD COMMON SENSE
MEASURE THAT WILL ENCOURAGE LAW
ENFORCEMENT OR PROHIBIT, I
SHOULD SAY, LAW ENFORCEMENT
AGENCIES FROM UTILIZING SHOOTING
TARGETS THAT LOOK LIKE ANY
ETHNIC GROUP, IN A MULTITUDE OF
STUDIES PUBLISHED BY THE
AMERICAN PSYCHOLOGICAL
ASSOCIATION, RESEARCHERS HAVE
ESTABLISHED THAT PARTICIPANTS
WOULD SHOOT AT ARMED TARGETS
QUICKER IF THEY RESEMBLED
AFRICAN AMERICANS COMPARED TO
THEIR WHITE COUNTERPARTS, AND
PARTICIPANTS ALSO WERE LESS
LIKELY TO SHOOT AT UNARMED WHITE
TARGETS COMPARED TO AFRICAN
AMERICAN ONES, THESE RESPONSE
TIMES SHOW SUBCONSCIOUS RACIAL
BIAS, WHICH LEADS TOWARDS AN
INCREASED RISK OF DEADLY HARM
TOWARD CERTAIN ETHNIC GROUPS. WE
JUST SAW JUST A LITTLE OVER A
MONTH AGO IN FLORIDA, WHERE
POLICE KNOCKED ON THE DOOR OF A
MILITARY AIR FORCE MAN. HE OPENS
THE DOOR WITH HIS WEAPON AT HIS
SIDE AND HE WAS SHOT WITHIN
THREE SECONDS, FIVE TIMES DEAD
ON THE SCENE. AND IT NEVER DREW
HIS WEAPON, JUST IN A, AN OPEN
CARRY STATE, STAND YOUR GROUND
STATE. AND THAT INDIVIDUAL WAS
AFRICAN AMERICAN, AND HE WAS
SHOT WITHIN THREE SECONDS OF
OPENING HIS FRONT DOOR. USE OF
THESE SHOOTING TARGETS ONLY
REINFORCES THE INHERENT RACIAL
BIASES THAT WHITE INDIVIDUALS
ARE LESS DANGEROUS THAN ANYONE
ELSE BUT LAW ENFORCEMENT
AGENCIES ACROSS THE NATION STILL
USE ETHNIC SHOOTING TARGETS AND
WHETHER INTENTIONAL OR
UNINTENTIONAL, IT IS HARMFUL,
THIS BILL IS A COMMON SENSE
MEASURE STATED THAT WILL ENSURE
IMPLICIT RACIAL BIASES ARE NOT
PRESENT IN OUR LAW ENFORCEMENT
OFFICERS, AND THAT ALL PEOPLE
ARE TREATED FAIRLY AND
EQUITABLY, TESTIFYING TODAY IN
SUPPORT IS MARGO GEORGE FROM THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND GLENN BACKUS
FROM THE ELLA BAKER CENTER. AND
AT THE APPROPRIATE TIME, I
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU. YOUR WITNESSES CAN
BEGIN. FIVE MINUTES. GOOD
MORNING. MARGO GEORGE, ON BEHALF
OF THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION IN SUPPORT
OF SB 1020, I THINK SOMEWHAT
SHOCKINGLY, THE POLICE
DEPARTMENTS AROUND THE COUNTRY
HAVE BEEN DISCOVERED TO BE USING
NOT ONLY DEPICTIONS OF BLACK AND
OTHER MINORITIES AS TARGETS, BUT
IN SOME CASES, ACTUAL PHOTOS,
THE ANALYSIS, TALKS ABOUT WHAT
AN INCIDENT IN GEORGIA AND METRO
ATLANTA WHERE THE POLICE
DEPARTMENT POSTED PICTURES OF
OFFICERS SHOOTING AT PHOTOS OF
BLACK MEN. IT WAS POSTED ON
FACEBOOK IN JUNE OF 2023,
EARLIER THE YEAR BEFORE IN
MICHIGAN, THE FARMINGTON HILLS
POLICE DEPARTMENT, WHICH IS A
SUBURB OF DETROIT, BOY SCOUTS
VISITING THE DEPARTMENT ON A
FIELD TRIP, TOOK PHOTOS OF
OFFICERS USING TARGETS WITH
DEPICTIONS OF BLACK MEN. I
THINK, MOST SHOCKINGLY, IS THE
INCIDENT FROM NORTH MIAMI BEACH,
WHERE THE POLICE WERE USING
ACTUAL MUG SHOTS OF AFRICAN
AMERICAN MEN AS TARGETS AT A
SHOOTING RANGE FOR POLICE
TARGETS, AND THIS WAS DISCOVERED
WHEN, AFTER THEY HAD FINISHED
THEIR PRACTICE, THE FLORIDA
NATIONAL GUARD CAME TO DO THEIR
PRACTICE AND ONE OF THE OFFICERS
WITH THE NATIONAL GUARD SAID, OH
MY GOD, WHY ARE THEY USING MY
BROTHER'S PHOTO AS A TARGET? SO,
THIS NOT ONLY REINFORCES, RACIAL
BIAS, IMPLICIT RACIAL BIAS, BUT
IT ALSO NØ HAS AN EFFECT ON THE
PEOPLE WHOSE PHOTOS ARE THEIR
FAMILY MEMBERS ARE BEING USED,
AS A PUBLIC DEFENDER, I SAW A
NUMBER OF SITUATIONS WHERE
OFFICERS WERE, MORE CAUTIOUS,
MORE WILLING TO GIVE THE BENEFIT
OF THE DOUBT TO AN ARMED WHITE
PERSON THAN THEY WERE TO AN
ARMED BLACK PERSON. SO I THINK
THIS IS A COMMON SENSE AND
EFFICIENT METHOD TO DEAL WITH A
ISSUE THAT IS REINFORCING RACIAL
BIAS AND ASK FOR YOUR SUPPORT.
THANK YOU. OTHERS IN SUPPORT,
PLEASE COME FORWARD. GOOD
MORNING MISTER. GOOD MORNING
MISTER CHAIR MEMBERS ELIZABETH
ESPINOSA, ON BEHALF OF THE LOS
ANGELES COUNTY BOARD OF
SUPERVISORS AND SUPPORT. THANK
YOU. GOOD MORNING, NICOLE CURRY.
AND WITH THE OFFICE OF LOS
ANGELES MAYOR KAREN BASS IN
SUPPORT. CLIFTON WILSON, ON
BEHALF OF THE CALIFORNIA FACULTY
ASSOCIATION, IN SUPPORT. ERIC
ANDERSON, ON BEHALF OF THE ELLA
BAKER CENTER FOR HUMAN RIGHTS.
IN SUPPORT. THANK YOU. DO WE
HAVE OPPOSITION IN HERE TO
TESTIFY? PLEASE COME FORWARD.
NO OPPOSITION HERE TO TESTIFY.
QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS. SEEING NONE.
WE DON'T HAVE A QUORUM JUST YET.
BUT YOU MAY CLOSE. THANK YOU.
TAKE NOTE. AS STATED, THIS IS A
COMMON SENSE MEASURE THAT WILL
MAKE OUR GENERAL PUBLIC NOT ONLY
SAFER, BUT LAW ENFORCEMENT AS
WELL AS AN INDIVIDUAL WHO'S COME
FROM A FAMILY WITH A LONG
BACKGROUND IN LAW ENFORCEMENT
AND HAVE CHILDHOOD FRIENDS WHO
HAVE SERVED AS WELL, THE BIASES
CLEARLY EXIST, I EVEN HAD AN
ACADEMY DATE, TO GO INTO LAPD.
AND DURING THAT PROCESS, I SAW
THE BIASES THAT EXISTED. JUST
GOING THROUGH THAT PROCESS. SO
I'M NOT DOING THIS IN A VACUUM.
IT HAS CLEARLY BEEN DEMONSTRATED
ON A REGULAR BASIS. AND AS IS,
STATED BY MISSUS GEORGE, WE JUST
SAW JUST, A LITTLE OVER A YEAR
AGO WHEN WE HAD THE INCIDENT ON
THE OREGON, WASHINGTON BORDER
WHERE ARMED MILITIA STOOD ON THE
BORDER WITH AK 47 ASSAULT
WEAPONS AND NOT A SHOT WAS
FIRED. BUT DURING THE 2020 CIVIL
UNREST AFTER GEORGE FLOYD'S
KILLING, INDIVIDUALS WERE SHOT
AND KILLED SIMPLY BY HAVING A,
POLE OR A LESS THAN LETHAL
WEAPON. SO WE SAW THE CLEAR
BIASES THAT EXISTED, WHEREAS
AGAIN, YOU COULD BE ARMED AND
NOT SHOT, BUT UNARMED AND LOSE
YOUR LIFE. SO AT THE APPROPRIATE
TIME, I WOULD RESPECTFULLY ASK
FOR AYE VOTE. NOTED. THANK YOU.
NEXT AUTHOR. WE HAVE SENATOR
WAHAB, FILE ITEM 13, SB 13, TÍNH
17. OKAY CAN WE PLEASE TAKE THE
ROLL TO ESTABLISH A QUORUM?
MCCARTY HERE. ALANIZ LACKEY HERE
. NGUYEN. HERE. REYES TING.
WILSON. ZEBRA HERE. WE HAVE A
QUORUM HERE. SENATOR PLEASE
BEGIN. THANK YOU. CHAIR.
COLLEAGUES AND MEMBERS OF THE
PUBLIC, SB 1317 EXTENDS FOR FIVE
YEARS. THE SUNSET DATE FOR
SEEKING COURT ORDERS TO
ADMINISTER INVOLUNTARY
PSYCHIATRIC MEDICATION TO.
EXCUSE ME, TO THOSE WITH SEVERE
MENTAL HEALTH DISORDERS WHO WERE
DETAINED IN A COUNTY JAIL.
EXISTING LAW AUTHORIZES
PSYCHIATRISTS IN COUNTY JAILS TO
OBTAIN AN INVOLUNTARY MEDICATION
ORDER FOR PERSONS IN CUSTODY WHO
ARE A DANGER TO THEMSELVES AND
OR OTHERS WHO ARE SUFFERING FROM
GRAVE DISABILITIES, WHO ARE
UNABLE TO GIVE CONSENT, AND
WHOSE SITUATION IS SO DIRE THAT
IT'S ABSOLUTELY NECESSARY FOR
THE SAFETY OF THE INDIVIDUAL.
THE PROCESS HAS ALREADY BEEN IN
STATUTE FOR 12 YEARS. THIS BILL
ENSURES COUNTIES HAVE THE TOOLS
TO ADDRESS THE MENTAL HEALTH
TREATMENT NEEDS OF VULNERABLE
INDIVIDUALS IN COUNTY JAIL
SETTINGS, SB 1317 WOULD REQUIRE
COUNTIES THAT ELECT TO USE THIS
AUTHORITY TO SUBMIT SPECIFIED
REPORTING INFORMATION.
TESTIFYING TODAY WITH ME IS
DAVID CAMPOS, THE DEPUTY COUNTY
EXECUTIVE FOR THE COUNTY OF
SANTA CLARA, AS WELL AS RANDALL
HAGER, LEGISLATIVE ADVOCATE,
PSYCHIATRIC PHYSICIANS ALLIANCE
OF CALIFORNIA. THANK YOU. THANK
YOU. FIVE MINUTES FOR YOU
COMBINED, THANK YOU, CHAIR
MCCARTY. HONORABLE MEMBERS,
DAVID CAMPOS ON BEHALF OF THE
COUNTY OF SANTA CLARA, JUST TO
PROVIDE SOME CONTEXT, PENAL CODE
2603 WAS FIRST ENACTED IN 2012
AND WAS LIMITED TO INDIVIDUALS
SERVING SENTENCES IN COUNTY
JAILS, THIS BILL AT THAT TIME
LEFT UNADDRESSED THE NEEDS FOR
INDIVIDUALS AWAITING
RE-ARRAIGNMENT, ARRAIGNMENT,
TRIAL OR SENTENCING, THEN IN
2021, THE LEGISLATURE, FIVE
YEARS LATER, THE PSYCHIATRIC
ASSOCIATION AND THE L.A. COUNTY
SHERIFF'S OFFICE SPONSORED AB
720 TO EXPAND THAT SECTION TO
ALL INDIVIDUALS IN A JAIL
SETTING. THIS IS SIMPLY ABOUT
GIVING COUNTIES LIKE SANTA CLARA
COUNTY A TOOL THAT THEY'VE HAD
FOR 12 YEARS. THE COUNTY THE
COUNTY OF SANTA CLARA IS
COMMITTED TO DIVERSION TO THE
GREATEST EXTENT POSSIBLE. WE ARE
USING THIS TOOL AS A VERY LAST
RESORT, AND WE WOULD LOVE TO
LIVE IN A REALITY WHERE THAT'S
NOT NEEDED. BUT THAT'S NOT THE
REALITY IN WHICH WE OPERATE. THE
COUNTY ACTIVELY ENGAGES WITH OUR
PUBLIC DEFENDER'S OFFICE, AND WE
KNOW THAT WE'RE GOING TO HEAR
FROM SOME OF THEM, AND WE ARE
COMMITTED TO CONTINUING TO WORK
WITH THEM TO ADDRESS THE
CONCERNS THAT THEY HAVE. BUT
THIS IS A VERY IMPORTANT TOOL IN
OUR TOOLBOX. WE BELIEVE THAT
COUNTIES THROUGHOUT THE, THE
STATE NEED THIS TO ADDRESS THE
NEEDS OF THIS POPULATION. THE
REALITY IS THAT THE
ADMINISTRATION OF INVOLUNTARY
MEDICATION IS A LAST RESORT
INTERVENTION THAT IS SOMETIMES
NECESSARY IN INSTANCES WHEN A
PERSON IS EXPERIENCING AN ACUTE
CRISIS IS DECOMPOSED AND IS
UNABLE TO TAKE CARE OF
THEMSELVES OR GRANT CONSENT.
THANK YOU, MR. CHAIRMAN RANDALL
HAGER FOR THE PSYCHIATRIC
PHYSICIANS ALLIANCE OF
CALIFORNIA, WE BROUGHT THIS
BILL, 11 YEARS AGO. I WORKED
THIS BILL, IT WAS ABSOLUTELY
ESSENTIAL, THAT WE HAVE A TOOL
SUCH AS THIS. THERE ARE TOOLS
SUCH AS THIS FOR INDIVIDUALS
WHO'VE ALREADY BEEN SENTENCED.
THERE ARE TOOLS FOR INDIVIDUALS
THAT ARE IN THE COMMUNITY AND
NEED MEDICATION IN, FACILITIES.
THERE ARE TOOLS FOR PEOPLE IN
PRISON AND THERE ARE TOOLS FOR
PEOPLE WHO ARE INCOMPETENT TO
STAND TRIAL AT THAT TIME, THERE
WAS NO TOOL FOR PEOPLE AWAITING
SENTENCING. IT'S VERY, VERY
CRITICAL THAT WE HAVE A TOOL
LIKE THIS TO ASSIST PEOPLE WHO
ARE WHO HAVE DECOMPENSATED TO
THE POINT THAT THEY ARE YELLING
AND SCREAMING AT ALL HOURS OF
THE DAY AND THE NIGHT THEY CAN'T
FOLLOW DIRECTION IN JAILS.
THEY'RE SUFFERING MIGHTILY FROM
THE, YOU KNOW, SYMPTOMS OF MAYBE
SCHIZOPHRENIA. AND THIS IS, A
POPULATION THAT IS VERY UNLIKELY
TO ACCEPT MEDICATION IN THAT
STATE. THEY DON'T RECOGNIZE THAT
THEY'RE ILL. AND SO THEY'RE NOT
GOING TO SAY YES. AND MEDICATION
IS THE FIRST STEP THAT THEY WILL
HAVE TO STEP ON THE ROAD TO
RECOVERY AND TO MAINTAIN, A
BETTER STATUS WITHIN THE JAIL
SETTING, MY PSYCHIATRISTS HAVE
TO DEAL WITH THIS ALL THE TIME,
IT REALLY IS UNTHINKABLE THAT WE
WOULD NOT RENEW THIS REALLY,
REALLY CRITICAL TOOL FOR A
PSYCHIATRIST AND FOR THE CUSTODY
STAFF AND THE MENTAL HEALTH,
TREATMENT TEAMS WITHIN THE JAIL
SETTING. THANK YOU. THANK YOU.
OTHERS IN SUPPORT, PLEASE COME
FORWARD. DYLAN LISOVSKY WITH THE
SAN BERNARDINO COUNTY SHERIFF'S
DEPARTMENT IN SUPPORT. JOHN
DREBINGER WITH THE STEINBERG
INSTITUTE IN SUPPORT. ANDY
LEBENSBAUM WITH THE COUNTY OF
LOS ANGELES IN SUPPORT. BRANDON
UP ON BEHALF OF THE LOS ANGELES
COUNTY SHERIFF, ROBERT LUNA, IN
SUPPORT ORIGINAL SPONSORS OF THE
BILL. GOOD MORNING, LIEUTENANT
JULIO DELEON FROM THE RIVERSIDE
SHERIFF'S OFFICE AND SUPPORT.
HELLO, WADE BRYNILDSON, FAMILY
ADVOCATES FOR INDIVIDUALS WITH
SERIOUS MENTAL ILLNESS IN
SACRAMENTO COUNTY IN SUPPORT.
CLIFTON WILSON, ON BEHALF OF THE
CALIFORNIA STATE ASSOCIATION OF
PSYCHIATRISTS IN SUPPORT. THANK
YOU, THANK YOU. OPPOSITION WE
HAVE OPPOSITION WHO WOULD LIKE
TO TESTIFY. PLEASE COME FORWARD.
GOOD MORNING AGAIN, MARCO
GEORGE, ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION, WE TOO DO NOT WANT
OUR CLIENTS TO SUFFER NEEDLESSLY
IN THE JAIL, WE JUST ASK THAT
THE SAFEGUARDS THAT ARE NOTED IN
THE ANALYSIS CGRTS BE INCLUDED
IN THE BILL. THE SAME SAFEGUARDS
THAT ARE ALREADY IN OPERATION IN
SANTA CLARA COUNTY,
UNFORTUNATELY, THEY ARE NOT IN
THE REST OF THE STATE. THE LAST
12 YEARS HAS TAUGHT US. THANK
YOU. THANK YOU. OTHERS IN
OPPOSITION SEEING NONE.
QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS, MR. ZUBIATE.
I WAS WONDERING IF, YOU'RE
AMENABLE TO TAKING THE, THE, THE
AMENDMENTS THAT ARE REQUESTED BY
THE PUBLIC DEFENDERS, THE
SAFEGUARDS, THE SAFEGUARDS. YES,
SO I REPRESENT SANTA CLARA
COUNTY AS WELL AS ALAMEDA
COUNTY. SANTA CLARA COUNTY IS
GENUINELY A MODEL REGARDING
SOCIAL SERVICES, SO I'D BE MORE
THAN HAPPY TO INCLUDE THAT IN
OUR BILL MOVING FORWARD AND
OBVIOUSLY TAKE THEM. I THINK
IT'S A GREAT BILL. I JUST WANTED
TO YES, OF COURSE. SO THANK YOU.
THANK YOU. IS THAT A MOTION, MR.
SPERM? YES. OKAY. WE HAVE A
MOTION AND A SECOND. WOULD YOU
LIKE TO CLOSE, SENATOR?
RESPECTFULLY ASK FOR AN AYE
VOTE. THANK YOU. PLEASE CALL THE
ROLL. ITEM NUMBER 13, SB 1317 BY
SENATOR WAHAB. THE MOTION IS Dð
PASSED TO THE APPROPRIATIONS
COMMITTEE. MCCARTY Ã MCCARTY.
AYE. ALANIZ. ALANIZ. AYE. LACKEY
LACKEY. AYE. NGUYEN. NGUYEN. AYE
REYES. TING. WILSON ZEBRA.
ZEBRA. AYE THAT MEASURE PASSES.
OH. LET'S GO BACK AND DO THE,
CONSENT CALENDAR. LET ME READ
THE ITEMS FOR THE CONSENT
CALENDAR. OKAY. SB 899 SKINNER
SB 910 UMBERG SB 926 WAHAB SB
NINE 3933 WAHAB SB 950 SKINNER
SB 965 MEN SB 989 ASHBY SB 1019
BLAKE SPEER SB 1069 MENGIBAR AND
SB 1518. THE SENATE COMMITTEE ON
PUBLIC SAFETY. DO WE HAVE A
MOTION FOR THE CONSENT CALENDAR?
WE HAVE A MOTION AND WE HAVE A
SECOND. PLEASE CALL THE ROLL FOR
THE CONSENT CALENDAR. MCCARTY I,
MCCARTY I, ALANIZ. ALANIZ I
LACKEY. LACKEY I WHEN I REYES
TING WILSON. ZEBRA ZEBRA I OKAY,
LET'S LOOK FOR SOME MOTIONS ON,
PRIOR. PRIOR PRESENTED BILLS,
BUT WITHOUT A QUORUM. WE'LL
START WITH ITEM NUMBER TWO, SB
902. ROTH MOVE. BILL A MOTION A
SECOND. PLEASE CALL THE ROLL.
ITEM NUMBER TWO, SB 902 BY
SENATOR ROTH. THE MOTION WAS DUE
PASSED TO THE APPROPRIATIONS
COMMITTEE. MCCARTY MCCARTY I
ALANIZ. ALANIZ I LACKEY. LACKEY
I WHEN I REYES TING WILSON.
ZEBRA. ZEBRA I OKAY, LET'S DO
FILE NUMBER TEN SB 1020
BRADFORD. LOOKING FOR A MOTION A
MOTION AND A SECOND. PLEASE CALL
THE ROLL FOR ITEM NUMBER TEN SB
1020 BY SENATOR BRADFORD. THE
MOTION IS DUE. PASS TO THE
APPROPRIATIONS COMMITTEE.
MCCARTY A MCCARTY I ALANIZ.
ALANIZ. NOT VOTING. LACKEY. NO.
LACKEY KNOW WHEN I REYES TING.
WILSON. ZEBRA ZEBRA I OKAY, NEXT
MEASURE FILE ITEM 11 SB 1025.
EGGMAN. WE HAVE A MOTION A
SECOND. PLEASE CALL THE ROLL FOR
ITEM NUMBER 11. SB 1025 BY
SENATOR EGGMAN. THE MOTION IS
DUE PASSED TO THE APPROPRIATIONS
COMMITTEE. MCCARTY MCCARTY I
ALANIZ. ALANIZ I, LACKEY. LACKEY
I NGUYEN. WHEN I REYES TING
WILSON. ZEBRA. ZEBRA I OKAY THE
FINAL ONE SB 1317. WAHAB MOVE
THE BILL. WE HAVE A MOTION AND A
SECOND, PLEASE KNOW WE DID THAT
ONE. YEAH, WE DID THAT ONE.
YEAH, YEAH. OH, YEAH. WE ALREADY
DID THAT. YEAH. SHE WAS JUST
HERE. WE DID. YES. SO WE'RE JUST
WAITING ON STREAM. YEAH.
OKAY. OUR LAST BILL. ITEM NUMBER
41, SB 1400. MR. STERN, WE'RE
READY FOR YOU. SIR. MR. CHAIR,
NO. ALL GOOD, THANK YOU,
MEMBERS, FOR HEARING. I THINK
THIS IS ONE OF THE MOST
IMPORTANT PUBLIC SAFETY MEASURES
OF THIS SESSION. I KNOW THERE'S
BEEN A LOT OF EFFORTS AND PRESS
ON, SOME OTHER ISSUES, BUT WHEN
IT COMES TO THE MENTAL HEALTH
CRISIS AND IT'S MANIFESTATION IN
OUR JAIL SYSTEM, IT IS ACUTE. IT
IS TAKING LIVES DAILY AND IT IS
AFFECTING THE WELFARE OF THE
MOST VULNERABLE PEOPLE IN THIS
STATE AND IN OUR COMMUNITIES,
AND I AM PARTLY RESPONSIBLE FOR
THIS, I PASSED I WROTE A BILL,
IN 2021, SB 317 THAT, MOVED
FORWARD SOME REALLY IMPORTANT
REFORMS IN OUR SYSTEM. WE'RE
GOING TO GIVE YOU A CHANCE TO
START OVER. I'LL GIVE YOU ALL
THE HEARTFELT YOU CAN HEAR YOU
AGAIN. IT'S OKAY. MY BAD. GO
AHEAD. IT'S OKAY, JUST SAYING
THAT, WE KNOW WE'VE BEEN
DEBATING A LOT OF OTHER ISSUES
AROUND THEFT, FENTANYL, BUT THIS
BILL IS ABOUT WHAT I THINK IS A
MAYBE A LESS FOCUSED ON, BUT
EQUALLY IMPORTANT PART OF OUR
PUBLIC SAFETY SITUATION IN
CALIFORNIA, WHICH IS THOSE WHO
ARE SEVERELY MENTALLY ILL, WHO
ARE COMMITTING MISDEMEANORS AND
CRIMES AND WHO ARE BASICALLY
GETTING RECYCLED THROUGH OUR
JAIL SYSTEM ON A DAILY BASIS AND
SENT BACK OUT ONTO THE STREETS
WITHOUT CARE, WE KNOW OUR
JUSTICE SYSTEM IS STRUGGLING TO
TAKE CARE OF THESE PEOPLE AND
FIND ALTERNATIVES TO JUST HAVING
OUR JAILS BECOME MENTAL
INSTITUTIONS AND I HELPED
ARCHITECT IN 2021 AN EFFORT TO
GET AWAY FROM WHAT I CONSIDER A
VERY INHUMANE PAST AND A AND A
VERY POOR BAND-AID AND STOPGAP
FOR HOW, OUR MENTAL HEALTH CARE
SYSTEM HAS BEEN FAILING PEOPLE,
WHICH IS TO LET THEM SIT IN JAIL
WHILE THEIR TRIALS ARE PENDING.
THOSE WHO ARE COMMITTING
MISDEMEANORS ARE FOUND
INCOMPETENT TO STAND TRIAL, WHAT
WE CALL MISSED FOR SHORT, THOSE
INDIVIDUALS PREVIOUSLY HAD NO
ALTERNATIVE BUT TO SIT IN PRISON
AND WAIT FOR THEIR TRIALS TO BE
HEARD OR THEIR THEIR CASES TO BE
HEARD, SO WE REFORM THAT TO
ALLOW FOR CREDIT, WHERE FOLKS
ARE WAITING TO STAND TRIAL AND
THEY COULD GET CREDIT, SAY, FOR
BEHAVIORAL HEALTH TREATMENT. A
LOT OF THE KINDS OF BEDS AND
FACILITIES THAT WE PUT FORWARD
IN PROP ONE, FOR EXAMPLE,
HOWEVER, WE HAVE NOT HAD THOSE
BEDS IN THE MEANTIME. AND AS AN
UNFORTUNATE AND UNINTENDED
CONSEQUENCE OF MY OWN
LEGISLATION FROM 2021, THOUSANDS
OF THESE MISSED DEFENDANTS HAVE
SIMPLY JUST HAD THEIR CASES
DISMISSED WITHOUT TREATMENT,
WITHOUT CARE, CERTAINLY NOT IN
JAIL, BUT DEFINITELY BACK ON THE
STREET AND THE RECIDIVISM RATES
ARE QUITE ASTONISHING, IN LA
COUNTY, WHERE I THINK WE'RE
SEEING THE CRISIS MOST ACUTELY,
YOU'RE TALKING ABOUT OVER 1500
MISSED CASES BEING DISMISSED
LAST YEAR, AND FOR THOSE WHO,
WHO WERE IN JAIL, WE'VE SEEN
RECIDIVISM RATES UP TO 40,
SPIKING, LARGELY BECAUSE OF A
LACK OF MEDICAL CARE WHILE
THEY'RE IN CUSTODY, AND THEY'VE
BEEN DECOMPENSATING, WHILE THEIR
TRIALS ARE PENDING. SO IF YOU
HAVE PSYCHOTIC AFFECTIVE
DISORDER OR SEVERE SCHIZOPHRENIA
AND YOU'RE NO LONGER ON YOUR
MEDS, AND YOU'RE IN JAIL, THINGS
GET REALLY BAD, WE'VE
UNFORTUNATELY ALLOWED FOR THIS
DEFAULT TO DISMISSAL TO OCCUR.
AND SO THIS BILL IS REALLY A
IT'S BEEN A THREE, FOUR YEAR
SAGA TO TRY TO FIX. WHAT, SOME
OF THE HOLES IN WHAT I THINK WAS
A VERY IMPORTANT PIECE OF
LEGISLATION AND A VERY GOOD
STEP, BUT A, A GAP IN OUR
REFORMS. AND SO SB 1400 TRIES TO
SOLVE THAT BY TAKING THAT SORT
OF DEFAULT TO DISMISSAL OPTION
OFF THE TABLE AND BY BUILDING
WHAT WE THINK IS A REALLY
EXCITING MODEL TO ALLOW FOR MORE
OF THAT ALTERNATIVE TREATMENT
WHILE FOLKS TRIALS ARE PENDING,
TO PUSH PEOPLE INTO BEHAVIORAL
HEALTH CARE, THE KINDS OF BEDS
THAT WE FOUND IN PROP ONE AND
TO, TO HOLD A PROCESS WHERE
DIVERSION, TOWARDS THAT KIND OF
TREATMENT IS STILL A POSSIBILITY
SO THAT WE'RE NOT FILLING UP OUR
JAILS AND USING THEM AS MENTAL
HOSPITALS, BUT THAT WE'RE ALSO
NOT JUST SIMPLY SWEEPING THE
PROBLEM UNDER THE RUG, I
RECOGNIZE THAT THERE ARE STILL
CHALLENGES AHEAD. THERE'S A IT'S
AN ODD, DIVERSE SET OF
STAKEHOLDERS HERE WHO HAVE
COMPETING VIEWS, BUT BUT
CONCERNS, AND I REALLY RESPECT
THAT WHETHER YOU'RE THE DA'S OR
DISABILITY RIGHTS, BOTH HAVE
CRITICISMS OF THE CURRENT SYSTEM
AND OF OUR BILL, THE DA'S ARE
WORRIED ABOUT IF WE'RE RESTORING
PEOPLE TO COMPETENCY FOR A
FELONY AND THEN JUST DISMISSING
A MISDEMEANOR, THAT'S, SAY, FOR
VEHICULAR MANSLAUGHTER OR SOME
OTHER SERIOUS MISDEMEANOR FOR
THAT, THAT'S A PROBLEM. AND THE
DISABILITY RIGHTS IS WORRIED
YOU'LL HEAR FROM THEM PROBABLY
THAT, YOU KNOW, WE'RE GOING TO
BE OVERLY RESTRICTIVE AND THAT
WE MAY GO BACK TO A SYSTEM WHERE
WE'RE SIMPLY CONFINED, WEIGHING
PEOPLE AGAINST THEIR WILL, WHO
REALLY SHOULD BE TREATED THROUGH
THE PUBLIC HEALTH SYSTEM, NOT
THROUGH PUBLIC SAFETY. WE DON'T
HAVE THAT LUXURY RIGHT NOW. AND
WHEN WE HAVE MULTIPLE REPEAT
RECIDIVISTS, WE ARE CREATING A
PRISON STREET PIPELINE THAT IS
ERODING OUR COMMUNITIES, THAT IS
MAKING SENTENCING THESE PEOPLE
TO DEATH ON THE STREET AS
OPPOSED TO IN JAIL. AND IT'S GOT
TO CHANGE. SO I REALLY
APPRECIATE YOUR ATTENTION. I
WOULD I WOULD URGE YOUR AYE VOTE
TODAY. I DO APPRECIATE THE CHAIR
AND THE COMMITTEE'S, ITERATIVE
PROCESS AND JUST TRYING TO THINK
THIS STUFF THROUGH. WE KNOW THAT
THERE ARE GOING TO HAVE TO BE A
FEW MORE REFINEMENTS AS WE GO
FORWARD HERE. BUT THIS IS HARD
STUFF TO SOLVE, AND SO I'M
ADMITTING MY OWN INADEQUACIES
HERE IN WHAT I TRY TO DO WITH
REFORM. AND I HOPE THAT WE CAN
SORT OF JUST HAVE THAT HUMBLE
AND VERY PRACTICAL AND REAL
CONVERSATION ABOUT HOW TO MAKE
THINGS BETTER BECAUSE IT'S NOT
WORKING RIGHT NOW, WITH THAT,
I'D ASK FOR YOUR I VOTE DEFER TO
MY COLLEAGUES SUPPORT. YES
PLEASE BEGIN, MR. CHAIRMAN,
MEMBERS OF THE COMMITTEE,
RANDALL HAGER FOR THE
PSYCHIATRIC PHYSICIANS ALLIANCE
OF CALIFORNIA, AS WELL AS THE
TREATMENT ADVOCACY CENTER IN
ARLINGTON, VIRGINIA, WHICH
FIGHTS FOR, THE LOWERING OF
BARRIERS AND ACCESS TO CARE, THE
TREATMENT ADVOCACY CENTER HAS A
STRAIGHT, SUPPORT POSITION. WE
HAVE A SUPPORT IF AMENDED
POSITION. AND I'LL EXPLAIN THAT
AS I GO ALONG HERE, BUT THE
SENATOR IS ABSOLUTELY RIGHT.
THIS IS REALLY ABOUT PREVENTING
PEOPLE WHO ARE RELEASED FROM OUR
INSTITUTIONS FROM, BEING TURNED
OUT INTO THE STREET WITHOUT
LINKAGES, WITHOUT CONNECTIONS,
WITHOUT PROGRAM SUPPORT, JUST
SIMPLY RELEASED. AND WE CAN'T
ALLOW PEOPLE TO DO THAT. THERE'S
A COMMON MISCONCEPTION THAT
PEOPLE WHO HAVE MISDEMEANOR
INCOMPETENT TO STAND TRIAL
STATUS ARE SOMEHOW LESS SICK,
BUT THEY BOTH FELONY AND THE
MISDEMEANOR FOLKS MAY BE
PSYCHOTIC, AND IT DOESN'T MEAN
THAT THEY DON'T NEED THE SAME
CONSIDERATION AS THE FELONY,
MISS, FISTS. SO WHAT WE'RE
REALLY TALKING ABOUT HERE TODAY
IS TRYING TO FIND A WAY FORWARD
SO THAT WE CAN TAKE AND MAKE USE
OF AVAILABLE BEALL PROGRAMS IN
THE COMMUNITY. I HELP ESTABLISH
THE ASSISTED OUTPATIENT
TREATMENT LAW. LAURA'S LAW,
THAT'S A GOOD ONE. WE HAVE OF,
CARE COURTS. NOW WE HAVE
CONSERVATORSHIPS. WE'VE ALWAYS
HAD THOSE, BUT THOSE ARE GOING
TO BE MANY OF THE OPTIONS FOR
INDIVIDUALS RATHER THAN JUST
DUMPING THEM ON THE STREETS. WE
NEED TO TAKE ADVANTAGE OF THOSE
PROGRAMS, SO, THAT'S THE SUPPORT
PART FROM THE TREATMENT ADVOCACY
CENTER, WHAT WE AS PSYCHIATRISTS
AND THE PSYCHIATRIC PHYSICIANS
ALLIANCE WOULD LIKE WOULD BE TO
PREVENT TRAGEDY BY BY GIVING
PEOPLE MEDICINES, BY BEING ABLE
TO PROVIDE MEDICATION WHEN
THEY'RE IN JAIL OR EVEN OUT ON
THE STREETS WHEN THEY HAVE THE
MISS STATUS. THIS WOULD BE SO
IMPORTANT, AS YOU HEARD ME
TESTIFY IN THE EARLIER BILL,
THAT THE POPULATION PROBABLY
WILL BE BE INDIVIDUALS WHO DO
NOT REALIZE THAT THEY'RE SICK,
IF THEY'RE NOT THINKING THAT
THEY'RE SICK, THEY WON'T ACCEPT
MEDICATION VOLUNTARILY, WHICH
MEANS THAT IT'S REALLY NECESSARY
TO HAVE A TOOL WHERE YOU CAN
ACTUALLY STABILIZE THEM, REDUCE
THE PSYCHOTIC SYMPTOMS, GET THEM
BEHAVIORALLY MORE, MORE
COMPLIANT SO THAT THEY ARE NOT
CONTINUALLY TRIPPING, ONE KIND
OF STATUTORY, YOU KNOW,
VIOLATION AFTER ANOTHER, AND SO
THESE INDIVIDUALS REALLY DO NEED
THAT EXTRA, I THINK, STATUS, WE
HAVE INFORMED CONSENT
PROCEDURES, AS I MENTIONED IN
THE PRIOR TESTIMONY, FOR ALL
KINDS OF LOCATIONS. BUT AGAIN,
THIS IS ONE OF THOSE GAPS WHERE
WE'RE NOT PROVIDING THAT
OPPORTUNITY FOR PEOPLE. SO AGAIN
, IF YOU'RE IN A COMMUNITY
INSTITUTION, IF YOU'RE IN A
PRISON, IF YOU'RE AWAITING
TRIAL, YOU HAVE ACCESS TO
INFORMED CONSENT PROCEDURES. BUT
FOR THIS POPULATION, NO. SO
THAT'S WHAT WE'RE ASKING, IS FOR
AN AMENDMENT THAT WOULD PROVIDE
A PROCEDURE FOR THAT'S IN ACCORD
WITH ALL OUR DUE PROCESS, THAT
WE FIND IN ALL THE OTHER
STATUTES THAT GOVERN ALL THE
OTHER INDIVIDUALS. THANK YOU.
THANK YOU, OTHERS IN SUPPORT.
PLEASE COME FORWARD. SEEING
NONE, WE HAVE OPPOSITION COME
FORWARD. CAN YOU MOVE OVER TO
THAT SEAT, MR. HAGER? ONE OVER.
THANKS. THE OTHER THREE COMING
UP. GOOD MORNING, DUKE COONEY
FROM ACLU CALIFORNIA ACTION. WE
APPRECIATE THE DISCOURSE AND THE
DIALOG THAT WE'VE HAD WITH THE
SENATOR, HE HAS WORKED WITH US
THROUGHOUT THIS PROCESS, AND WE
DO APPRECIATE THAT, WE DO HAVE A
FEW OUTSTANDING CONCERNS, WITH
THE BILL, WE ARE ASKING FOR AN
AMENDMENT, TO REQUIRE JUDGES TO
DISMISS THE MISDEMEANOR CHARGES
AGAINST THE DEFENDANT WHO IS
DEEMED IST WHEN THE DEFENDANT IS
NOT ELIGIBLE FOR MENTAL HEALTH
DIVERSION AND DOES NOT QUALIFY,
FOR THE SERVICES ENUMERATED IN
THE PENAL CODE SECTION, AS THE
SENATOR MENTIONED, WITH THE
PASSAGE OF SB 307, WE SAW A MORE
EFFICIENT AND EFFECTIVE PROCESS
FOR HANDLING MISDEMEANOR
INCOMPETENT TO STAND TRIAL
CASES. UNDER THIS NEW SYSTEM,
JUDGES CAN MORE SWIFTLY AND
SAFELY ENSURE THAT PEOPLE
CHARGED WITH THOSE MISDEMEANORS
ARE FOUND INCOMPETENT TO STAND
TRIAL, RECEIVE MEANINGFUL MENTAL
HEALTH TREATMENT. AND SB 307 HAS
BEEN AN IMPORTANT FACTOR IN THE
STATE'S EFFORT TO RESPOND TO THE
CRISIS OF LONG WAITLISTS,
DELAYED ACCESS TO THE TYPES OF
SERVICES AND TREATMENT THAT
THESE FOLKS NEED. AND UNDER 317,
A PERSON WHO IS CHARGED WITH A
MISDEMEANOR AND DEEMED
INCOMPETENT TO STAND TRIAL. THE
JUDGE MAY EITHER DISMISS THE
CHARGES OR CONDUCT A HEARING TO
DETERMINE IF THE DEFENDANT IS
ELIGIBLE FOR MENTAL HEALTH
DIVERSION. IF THE COURT FINDS
SOMEONE INELIGIBLE FOR MENTAL
HEALTH DIVERSION, THE COURT MAY
ORDER MODIFICATION OF THAT
TREATMENT PLAN. REFER THE PERSON
TO ASSISTED OUTPATIENT TREATMENT
, OR REFER TO COUNTY OR COUNTY
CONSERVATORSHIP INVESTIGATOR,
BUT BUT SHOULD DISMISSAL NO
LONGER REMAIN A REQUIREMENT AS
PROPOSED BY SB 1400, A PERSON
WHO IS DEEMED INCOMPETENT IN
TRIAL AND CHARGED WITH A
MISDEMEANOR, AND IS NOT DIVERTED
TO RESOURCES OR SERVICES, WILL
LANGUISH IN COUNTY JAIL WITHOUT
THE MEANINGFUL TREATMENT, AND
THAT UNFORTUNATELY, IS OUR
BIGGEST ISSUE WITH THE BILL AS
WRITTEN, AND, AND, YOU KNOW,
THERE ARE SUBSTANTIAL FINANCIAL
COSTS WITH THAT SORT OF OUTCOME,
HUMAN COSTS, FOLKS WHO HAVE THE
SERIOUS MENTAL ILLNESS, HAVE
WORSE OUTCOMES IN JAILS. THEY
LANGUISH THERE FOR EXTENDED
PERIODS OF TIME. THEY EXPERIENCE
ABUSE AND OTHERWISE SEE THEIR
MENTAL HEALTH CONDITION
DETERIORATE AS TIME GOES ON. FOR
US, LENGTHY JAIL, LENGTHY JAIL
STAYS ONE OF THE WORST OUTCOMES
FOR PEOPLE WITH SERIOUS MENTAL
ILLNESS, SB 317 ONLY WENT INTO
EFFECT A FEW YEARS AGO, AND WE
HAVE SEEN NO INDICATION THAT
DISMISSAL SHOULD NOT REMAIN A
REQUIREMENT WHEN ALL OTHER
OPTIONS HAVE BEEN CONSIDERED.
AND FOR THOSE REASONS, WE REMAIN
OPPOSED TO SB 1400 UNLESS
AMENDED TO ALLOW FOR A DISMISSAL
OF MISDEMEANOR CHARGES. BUT
AGAIN, WE DO WANT TO THANK THE
SENATOR. THANK YOU. NEXT, MARGO
GEORGE, ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION, I WOULD ECHO MR.
COONEY'S COMMENTS, I WANT TO
THANK THE SENATOR FOR HIS
GROUNDBREAKING, LEGISLATION IN
THIS AREA, SB 317 THREE
REPRESENTED A SIGNIFICANT
IMPROVEMENT. AND I THINK IT, I
WANT TO APPLAUD HIM FOR
ATTEMPTING TO IMPROVE IT
FURTHER. THE PROBLEM WITH, THE
PROVISION OF TAKING OUT THE
DISMISSAL IS BECAUSE WHAT WILL
HAPPEN IS THAT SOMEONE THEY WILL
AND SOME OF THIS ALREADY
HAPPENS. THEY TRY TO ASCERTAIN
IF THEY'RE ELIGIBLE FOR MENTAL
HEALTH DIVERSION, IF THEY ARE
NOT, THEN THEY GO TO, EITHER
ASSISTED OUTPATIENT TREATMENT OR
CARE COURT OR CONSERVATORSHIP.
BUT WHEN NONE OF THOSE OPTIONS
ARE VIABLE, THE PERSON JUST SITS
IN COUNTY JAIL. AND WE HEARD
EARLIER THE SESSION THÀNH FROM
ONE OF MY COLLEAGUES FROM THE
SAN FRANCISCO PUBLIC DEFENDER'S
OFFICE ABOUT IN THEIR MENTAL
HEALTH TREATMENT COURT THAT ISTS
ARE BEING HELD UNTIL THE END OF
WHAT WOULD OTHERWISE BE THEIR
MAXIMUM SENTENCE. THE JUDGES ARE
NOT DISMISSING THE CASES. WILLY
NILLY, AND THEY WILL NOT, AND
NOT SURE. WHAT IS HAPPENING IN
LOS ANGELES. BUT ALL OF THIS IS
REALLY ABOUT THE SCARCITY OF
RESOURCES, AND WE NEED MORE
RESOURCES. WHEN CALIFORNIA MADE
A DECISION TO
DE-INSTITUTIONALIZE THE MENTALLY
ILL, THE JAILS BECAME THE
DEFAULT HOUSING FOR THEM. AND WE
DON'T WANT TO GO BACK TO THAT, I
THINK THE SUGGESTION TO EXPAND
INVOLUNTARY MEDICATION, IT MAY
WORK IN SOME COUNTIES, LIKE
SANTA CLARA COUNTY, WHERE THEY
HAVE ADEQUATE SAFEGUARDS. THEY
DO NOT IN THE REST OF THE STATE.
AND THIS WOULD ENDANGER PEOPLE'S
HEALTH AND LIVES. SO WE'D LIKE
TO WORK WITH THE AUTHOR TO
FURTHER REFINE THE BILL. BUT THE
LAST RESORT IS THAT IF NOTHING
ELSE WORKS, AND THE PERSON CASE
NEEDS TO BE DISMISSED BECAUSE
THEY CANNOT BE TRIED, THEY
CANNOT PLEAD OUT BECAUSE THEY'RE
INCOMPETENT. SO THEY'RE JUST
RELEASED WITH THIS CHARGE
HANGING OVER THEM, POTENTIALLY
FOR YEARS. THANK YOU, THANK YOU,
THANK YOU. OTHERS IN OPPOSITION,
PLEASE COME FORWARD. MICHELLE
ROBERTS, ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION, IN OPPOSITION UNTIL
AMENDED, THOUGH WE WERE VERY
GRATEFUL TO BE WORKING WITH THE
AUTHOR'S OFFICE. THANK YOU, GOOD
MORNING, ERIC HENDERSON, ON
BEHALF OF DISABILITY RIGHTS
CALIFORNIA, IN OPPOSITION. THANK
YOU. QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS. MR. ALANIS.
WHAT'S THAT? MR. ZUBIATE, SO I'M
HAVING A LITTLE BIT OF TROUBLE
FOLLOWING THE DIFFERENCE BETWEEN
WHAT'S BEING ADVOCATED AND SORT
OF WHAT'S IN THE BILL. SO WITH
RESPECT TO THE ABILITY TO
DISMISS, WHAT IS DIFFERENT,
EITHER IN THE BILL OR IN YOUR
INTENT THAN WHAT'S BEING
ADVOCATED HERE? I APPRECIATE THE
QUESTION. I'M NOT SURE, THAT
WE'RE THAT FAR APART. THE
AMENDMENT WE TOOK PRIOR TO
LEAVING THE SENATE, WORKING WITH
ACLU, IN FACT, AND PUBLIC
DEFENDERS, AS WELL AS, SOME OF
THE DA'S, INCLUDING OUR OWN LA
COUNTY DA, YOU'LL FIND IN THE
VERY, VERY LAST PAGE OF THE
BILL, IT'S IN SECTION TWO F, AND
IT SAYS NOTHING IN THIS SECTION
LIMITS A COURT'S DISCRETION
PURSUANT TO SECTION 1385,
SECTION 1385 IS ABOUT THE
ABILITY TO DISMISS IN THE BEST
INTERESTS OF JUSTICE. SO WE
STILL FEEL THAT WE PRESERVE THAT
SORT OF BACKSTOP. IF THERE'S
NOTHING ELSE IN OUT THERE. THAT
THAT COULD WORK FOR THIS
INDIVIDUAL, THAT IF THE JUDGE
FINDS IT'S STILL IN THE BEST
INTERESTS OF, OF JUSTICE AND OF
THE DEFENDANT, AND THAT'S
USUALLY NEGOTIATED DIRECTLY WITH
PROSECUTION AND THE DEFENSE IS,
THAT THEY STILL CAN DISMISS IT,
SO WE HAVEN'T I WOULDN'T SAY
WE'VE ENTIRELY REMOVED THE
UNILATERAL DISMISSAL OPTION
BECAUSE THAT SECTION 1385
DISMISSAL IS STILL THERE,
WHETHER THAT NEEDS TO BE
REFINED, YEAH, I THINK IS AN
OPEN QUESTION, BUT, THAT'S WHAT
THE BILL WOULD CURRENTLY DO. SO
YOU STILL PRESERVE THAT ABILITY
TO DISMISS IF ALL ELSE FAILS, IF
IT'S IN THE BEST INTEREST OF
JUSTICE, I THINK I'M GETTING
THAT RIGHT. IS IT THE BEST
INTEREST OF JUSTICE? YEAH YEAH.
SO IT SOUNDS LIKE I MEAN, IT
SOUNDS LIKE THERE'S A NUANCE. I
MEAN, WHAT I'M HEARING IS THAT,
WHAT'S HAPPENING IS IF YOU CAN'T
FIND THIS THE HELP THAT SOMEONE
NEEDS OR THEY'RE NOT EITHER NOT
ELIGIBLE OR IT'S NOT AVAILABLE,
THEN WHAT'S HAPPENED? THEY'RE
JUST BEING RELEASED WITHOUT A
DISMISSAL. SO DOES THAT MEAN
THAT A CHARGE IS HANGING? HOW
LONG WOULD SORT OF A CHARGE? IT
SOUNDS LIKE THERE'S A CHARGE
HANGING OVER THAT INDIVIDUAL'S
HEAD FOR SOME PERIOD OF TIME,
CAN IT CAN, THE OPPONENTS ASK TO
ANSWER A QUESTION, SO THE EFFECT
IS THAT IN SOME COUNTIES, THE
JUDGES WOULD BE WILLING UNDER
THE PENAL CODE SECTION 1385, TO
DISMISS A CASE AND PROBABLY MORE
LIBERAL COUNTIES IN LESS LIBERAL
COUNTIES. THE JUDGES MAY BE
LOATHED TO DO THAT. SO WHAT WILL
HAPPEN IS IF SOMEONE HAS A FREE
FLOATING CHARGE OUT THERE, IT
WILL MAKE IT MORE DIFFICULT FOR
THAT INDIVIDUAL TO GET INTO A
TREATMENT PROGRAM OR TO GET
HOUSING OR AVAIL THEMSELVES OF
OTHER OPPORTUNITIES. SO IT'S
JUST SORT OF LIKE IT SHOWS UP ON
YOUR RAP SHEET AND IT'S NEVER
BEEN ADJUDICATED. YOU'VE BEEN
ARRESTED, YOU WENT TO COURT FOR
IT, BUT IT'S STILL THERE. SO
THAT'S THE PROBLEM. THE THE, THE
ALSO THE PROBLEM IS WITHOUT
DOUBT, THE MANDATORY DISMISSAL
COMING AFTER THE OTHER OPTIONS.
THERE'S NO INCENTIVE FOR THE
PARTIES TO REALLY FIGHT AND A
SOLUTION OUTSIDE OF THE JAIL,
BECAUSE THE PERSON, WELL, WE
KNOW THEY'LL JUST SIT THERE SO
WE DON'T HAVE TO WORRY ABOUT
THEM. SO WE REALLY NEED TO HAVE
THAT INCENTIVE BUILT IN. IS OUR
FEELING. WELL, YOU KNOW, I'M, SO
I WANT TO FIRST OF ALL, THANK
THE AUTHOR. I THINK THAT THE
GOALS THAT THE AUTHOR HAS ARE
GOOD ONES. AND GETTING PEOPLE
INTO THE TREATMENT THAT THEY
NEED. IT SOUNDS LIKE YOU'RE NOT
VERY FAR APART FROM EACH OTHER.
I'M GOING TO SUPPORT THIS TODAY
TO GIVE YOU SOME MORE TIME TO
WORK ON THAT AND APPRECIATE YOU
DOING THAT. THANKS. OKAY. THANK
YOU. AND CAN YOU ALSO, RESPOND
ONE MORE TIME TO THE SUGGESTION
ABOUT THE DISMISSAL OF
MISDEMEANOR CHARGES AND WHERE
YOU'D LIKE TO GO FORWARD. YES.
SO, AGAIN, SECTION TWO F, THE
1385 DISMISSAL, WE THINK IS
STILL AN ADEQUATE BACKSTOP FOR,
WHEN IT'S IN THE BEST INTERESTS,
BEST INTERESTS OF JUSTICE, BUT
THE CONCERN ABOUT THIS SORT OF
THE FREE FLOWING CHARGE, IF YOU
WILL, OR THE CHARGE HANGING
OVER, A DEFENDANT'S HEAD IF
THEY'RE TRYING TO, SAY, PURSUE
HOUSING OR CARE. I THINK WHAT
I'D SAY IS, IF THAT TRULY IS
GOING TO BE A BARRIER TO GETTING
INTO HOUSING OR GETTING INTO
TREATMENT, WE WANT TO MAKE SURE
WE FIX THAT, BUT I'M I'M
RETICENT, I GUESS JUST AT A AT A
FUNDAMENTAL LEVEL, THE REASON
WE'RE, WE'RE PUSHING THIS BILL
IS TO BEEF UP THE DIVERSION
OPPORTUNITIES ON THE FRONT END
AND TO REALLY MAKE DIVERSION AND
REENTRY OPPORTUNITIES AVAILABLE,
NOT JUST IN, SAY, LA COUNTY OR
SAC COUNTY, BUT ACROSS THE
STATE. SO WE ACTUALLY THINK
THAT'LL PUSH THE MORE
CONSERVATIVE COUNTIES, IF YOU
WILL, TO GO INTO AWAY FROM JAIL
AND INTO DIVERSION, BUT I'M
RETICENT TO SORT OF STILL LEAVE
THAT BACK DOOR IN THERE,
ENTIRELY. MAYBE I'M OVER LÀ
FOCUSED, BUT THE WAY IT'S GONE,
AT LEAST IN LÀ TO THIS POINT.
AND I KNOW WE HAVEN'T HAD LÀ
TESTIFYING HERE, BUT JUST THE
BASIC STAT IN 2023, 2022 TO
2023. IN THE TWO YEARS AFTER SB
317 WAS PASSED, THE SIX MONTH
RE-ARREST RATE DOUBLED FOR MIS
DEFENDANTS WHOSE CASES WERE
DISMISSED TO 32, JUST BEFORE THE
PASSAGE, IT IT WAS AT ABOUT 15,
15.9. AND THEN, THE THOSE WHO
ARE BASICALLY HAVING THEIR
MISSED REFERRALS ACCEPTED BY
DIVERSION AND REENTRY ARE
DECLINING. SO WE'RE GETTING IN
FACT, FEWER PEOPLE INTO ADR THAN
WE WANT TO. AND SO I GUESS A
LITTLE DIFFERENCE OF OPINION
ABOUT THE, THE WHAT THE THRUST
OF THE BILL SHOULD BE. BUT I'M
OPEN TO REFINE MONNING THAT THE
BEST INTEREST OF JUSTICE
DISMISSAL OPTION, SHOULD IT BE A
BARRIER TO HOUSING AND CARE, AND
THEN IN TERMS OF JUST BEING VERY
CLEAR, SO YOU GUYS KNOW WHAT
YOU'RE VOTING ON, I ALSO, I KNOW
KDA DIDN'T ARTICULATE THEIR
VIEWS, BUT SOME MEMBERS HAVE
SAID THAT'S BEEN A CONCERN FOR
THEM, TOO. AND I AM INTERESTED
IN WORKING WITH THE DA'S AS WELL
ON THEIR ISSUE AROUND THE FELONY
CASES THAT ARE RESTORED AND THE
SORT OF OUTLIER EXAMPLES OF
CERTAIN MISSED CASES AS WELL AS,
OUR LEAD SUPPORT, WHO ALSO HAS,
SOME MISGIVINGS ABOUT THE
MEDICAL CARE ISSUE AND NOT TO
SAY IMPOSING, SAY, UNILATERAL
INVOLUNTARY TREATMENT OPTIONS AT
ALL, BUT AFFORDING THE SAME
MEDICAL CARE OPTIONS THROUGH THE
HEARING PROCESS THAT OTHERS ARE
AFFORDED, TO MAKE SURE THAT
WHILE PEOPLE ARE EITHER IN JAIL
OR IDEALLY IN BEHAVIORAL HEALTH
TREATMENT, THAT THOSE FOLKS WHO
ARE ALREADY INCOMPETENT STAND
TRIAL AND HAVE SEVERE MENTAL
ILLNESS CAN BE FOUND BY THE
COURT TO BE ELIGIBLE FOR SOME
KIND OF OTHER MEDICAL CARE.
THANK YOU, ASSEMBLYMEMBER REYES.
SORRY YEAH. I APPRECIATE THAT
YOU ARE THE AUTHOR, IT MAKES A
DIFFERENCE, AND I FROM THE EVEN
FROM THE OPPOSITION, IT SOUNDS
LIKE THE CONVERSATIONS HAVE
CONTINUED. AND YOU'RE CLOSE, IT
DOES APPEAR, EVEN IN THE WAY
THAT IT IT MAY BE UNINTENTIONAL,
BUT TO HEAR THAT THE BILL
REMOVES OUTRIGHT THE ABILITY TO
DISMISS MISDEMEANOR CHARGES IS
SOMETHING THAT IF THAT IS THE
WAY IT'S BEING INTERPRETED, THEN
IT IS SOMETHING THAT HAS TO BE
ADDRESSED. THE COMMITTEE DOES
SAY THAT IT DOESN'T OUTRIGHT.
AND YOU'VE TALKED ABOUT THIS
ALSO, THAT THE JUDGES JUST HAVE
TO TAKE EXTRA CONSIDERATION TO
ALTERNATIVE DIVERSIONS BEFORE
OUTRIGHT DISMISSAL. BUT IT
SOUNDS LIKE THERE'S SORT OF A
DISCONNECT HERE, I APPRECIATE
THAT. YOU WANT TO BEEF UP OR
PUSH DIVERSION. AND AWAY FROM
JAIL, BUT IT STILL SOUNDS LIKE
THERE IS A THERE IS A PROBLEM
AND I WILL BE SUPPORTING IT. BUT
I DO WANT THAT THOSE
CONVERSATIONS TO CONTINUE. IS
THIS SINGLE REFERRED TO US? I
BELIEVE SO, YES. OKAY. YOU HAVE
MY COMMITMENT ON THAT. THANK
YOU. THAT'S VERY IMPORTANT TO
MAKE SURE THAT WE DO ADDRESS IT.
IT'S RARE THAT WE SEE BOTH THE
DA AND THE PUBLIC DEFENDERS,
POSING A BILL. YES, BUT FOR
DIFFERENT REASONS FROM DOING
SOMETHING WRONG OR RIGHT. THANK
YOU, QUESTIONS OR COMMENTS? YEAH
THIS IS A COMPLICATED ISSUE, AND
I DON'T THINK IT'S ALL, COOKED
TODAY, BUT WE HAVE OTHER
OPPORTUNITY TO WORK ON IT. AND I
THINK YOU'VE ARTICULATED WHERE
YOU WANT TO GO, AND THERE ARE
SOME SHORTCOMINGS AS WELL. BUT
YOU KNOW, WE WANT TO, YOU KNOW,
GIVE YOU THE OPPORTUNITY TO KEEP
WORKING ON THIS AND ENGAGING AS
YOU GO TO THE APPROPRIATIONS
COMMITTEE NEXT. AND, YOU KNOW,
YOU'VE WORKED ON THIS OVER A
NUMBER OF YEARS. AND SO, AS
ASSEMBLYMEMBER REYES NOTED, YOU
KNOW, WE TRUST YOUR COMMITMENT
TO COME WITH A SOLUTION THAT
WILL ADDRESS THE ISSUES OUTLINED
BEFORE US HERE TODAY. WITH THAT,
DO WE HAVE A MOTION? SO A MOTION
A SECOND, WE LIKE TO CLOSE
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU. CALL THE ROLL,
PLEASE. ITEM NUMBER 14, SB 1400
BY SENATOR STERN. THE MOTION IS
DUE. PASS TO THE APPROPRIATIONS
COMMITTEE. MCCARTY. MCCARTY AYE.
ALANIZ. ALANIZ. NOT VOTING.
LACKEY NOT VOTING. LACKEY. NOT
VOTING. NGUYEN. WHEN AYE. REYES.
REYES. AYE. TING A TING. AYE.
WILSON. ZUBER ZUBER. AYE. THAT
MEASURE PASSES. LET'S GO BACK
AND, DO ADD ONS AND LIFT THE
CALL ON ONE MEASURE. FOR THE
CONSENT CALENDAR, REYES. REYES.
AYE. TÍNH. AYE TING. AYE. WILSON
FOR ITEM NUMBER ONE, SB 899 BY
SENATOR SKINNER, THIS MEASURE
WAS ON CONSENT. ITEM NUMBER TWO,
SB 902, BY SENATOR ROTH, THE
MOTION IS DUE. PASS TO THE
APPROPRIATE COMMITTEE. REYES
REYES. AYE TING TING. AYE.
WILSON FOR ITEM NUMBER THREE, SB
910 BY SENATOR UMBERG. THIS
MEASURE IS ON CONSENT FOR ITEM
NUMBER FOUR, SB 926 BY SENATOR
WAHAB. THIS MEASURE IS ON
CONSENT FOR ITEM NUMBER FIVE. SB
933 BY SENATOR WAHAB. THIS ITEM
IS ON CONSENT. ITEM NUMBER SIX
SB 950 BY SENATOR SKINNER. THIS
ITEM IS ON CONSENT FOR ITEM
NUMBER TEN. SB 965 BY SENATOR
MINH. THIS ITEM IS ON CONSENT
FOR ITEM EIGHT. SB 989 BY
SENATOR ASHBY. THIS ITEM IS ON
CONSENT. ITEM NUMBER NINE SB
1019 BY SENATOR BLAKE SPEER.
THIS ITEM IS ON CONSENT FOR ITEM
NUMBER TEN. SB 1020 BY SENATOR
BRADFORD. THE MOTION IS DUE
PASSED TO THE APPROPRIATIONS
COMMITTEE. THIS ITEM IS
CURRENTLY ON CALL REYES. REYES.
AYE TING AYE. TING AYE. WILSON
THAT MEASURE PASSES FOR ITEM
NUMBER 11. SB 1025 BY SENATOR
EGGMAN. THE MOTION IS Dð. PASS
THROUGH THE APPROPRIATIONS
COMMITTEE. REYES REYES AYE TING
TING. AYE WILSON. FOR ITEM
NUMBER 12, SB 1069 BY SENATOR
MENGIBAR, THIS ITEM IS ON
CONSENT. ITEM NUMBER 13, SB 1317
BY SENATOR WAHAB. THE MOTION IS
DUE PASSED TO THE APPROPRIATIONS
COMMITTEE. REYES REYES AYE. TING
TING AYE. WILSON FOR ITEM NUMBER
14, THIS MEASURE WAS JUST HEARD
FOR ITEM NUMBER 15. SB 1518 BY
THE COMMITTEE ON PUBLIC SENATE
COMMITTEE ON PUBLIC SAFETY. THIS
MEASURE IS ON CONSENT. OKAY.
THANK YOU. THAT CONCLUDES WE
WILL HOLD A BIT MORE FOR
ASSEMBLY MEMBER WILSON. YES DID
YOU HAVE A CHANGE? YEAH. YOU'RE
GOOD. CHECKING WITH WILSON'S
STAFF RIGHT NOW. YES YOUR
RELOCATION THREW ME OFF. I KNOW,
I KNOW, SHE SHE. JUST. ALMOST.
SHE'S DOING A GREAT JOB. SO. I
MEAN, THEY'RE GOING TO PUSH ME
OUT HERE SOON. I'M NOT CAREFUL.
I DON'T KNOW.
WE WILL ADJOURN THIS HEARING.
THANK YOU.