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AOJ Policy Committee Agenda Packet 11/16/20

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AOJ Policy Committee Agenda Packet 11/16/20 Administration of Justice Policy Committee 126th CSAC Annual Meeting Monday, November 16, 2020 ∙ 1:00 p.m. – 2:00 p.m. Via Zoom: Click here to join or call (669) 900‐6833 Meeting ID: 864 546 5197 Passcode: 129932 Supervisor Leticia Perez, Kern County, Chair Supervisor Jim Provenza, Yolo County, Vice Chair 1:00 p.m. I. Welcome and Introductions Supervisor Leticia Perez, Kern County, Chair Supervisor Jim Provenza, Yolo County, Vice Chair 1:05 p.m. II. Committee on Revision of the Penal Code Michael Romano, Chairperson Thomas Nosewicz, Staff Counsel 1:15 p.m. Question and Answer 1:20 p.m. III. Implementation of Juvenile Justice Realignment Chief Probation Officers of California 1:35 p.m. Question and Answer 1:45 p.m. IV. ACTION ITEM: CSAC 2020‐21 Platform Update Process Josh Gauger, Legislative Representative, CSAC Stanicia Boatner, Legislative Analyst, CSAC 1:55 p.m. V. ACTION ITEM: Administration of Justice 2021 Priorities and Year in Review Supervisor Leticia Perez, Kern County, Chair Supervisor Jim Provenza, Yolo County, Vice Chair Josh Gauger, Legislative Representative, CSAC 2:00 p.m. VI. Adjournment 1 ATTACHMENTS Committee on Revision of the Penal Code Attachment One…………………….Committee on Revision of the Penal Code Memo Attachment Two ....................... Committee on Revision of the Penal Code Background Materials Implementation of Juvenile Justice Realignment Attachment Three……………………Juvenile Justice Realignment Memo Attachment Four ....................... Senate Bill 823 Legislation Attachment Five ........................ Senate Bill 823 County Partner Joint Letters Administration of Justice Policy Platform Update – ACTION ITEM Attachment Six .......................... Memo on Platform Update Attachment Seven ..................... AOJ Platform Draft Administration of Justice Year in Review and 2021 Legislative Priorities – ACTION ITEM Attachment Eight…….Memo on AOJ Year in Review and 2021 Legislative Priorities 2 Committee on the Revision of the Penal Code Attachment One Memo: Committee on the Revision of the Penal Code 3 November 3, 2020 To: Administration of Justice Policy Committee From: Josh Gauger, CSAC Legislative Representative Stanicia Boatner, CSAC Legislative Analyst Re: Committee on Revision of the Penal Code Introduction. The California Law Revision Commission (Commission) is an independent state agency created by statute in 1953. The Commission assists the Legislature and Governor by examining California law and recommending needed reforms. Under the Commission, a newly created policy‐making body, the Committee on Revision of the Penal Code (Committee), was formed on January 1, 2020. The new Committee consists of one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, and five members appointed by the Governor. Purpose. The purpose of the Committee is to study the California Penal Code and recommend statutory reforms to achieve the following improvements: (1) Simplify and rationalize the substance of criminal law; (2) Simplify and rationalize criminal procedures; (3) Establish alternatives to incarceration that will aid in the rehabilitation of offenders; and (4) Improve the system of parole and probation. Duties. The Committee is currently working on its recommendations and has heard presentations regarding the length of sentence terms, diversion for misdemeanor offenses, credit‐earning opportunities in county jails and state prisons, and judicial discretion on the use of probation. When making recommendations, the committee may consider any factors, including,t but no limited to: (1) the protection of the public; (2) the severity of the offense; (3) the rate of recidivism; (4) the availability and success of alternatives to incarceration; and (5) empirically significant disparities between individuals convicted of an offense and individuals convicted of other similar offenses. New laws or policies stemming from the recommendations of the Committee could have significant impacts on the local public safety system and CSAC, and the AOJ Policy Committee, will want to stay closely informed on future developments. Please contact Josh Gauger ([email protected]) or Stanicia Boatner ([email protected]) if you have any questions about this item. 4 Committee on the Revision of the Penal Code Attachment Two Committee on the Revision of the Penal Code 5 Committee on Revision of the Penal Code On January 1, 2020, a new policy‐making body was created ‐‐ the Committee on Revision of the Penal Code. The Committee will study the California Penal Code and recommend statutory reforms to achieve the following improvements: (1) Simplify and rationalize the substance of criminal law. (2) Simplify and rationalize criminal procedures. (3) Establish alternatives to incarceration that will aid in the rehabilitation of offenders. (4) Improve the system of parole and probation. Committee Members: Michael Romano, Chairperson Assembly Member: Honorable Sydney Kamlager Senate Member: Honorable Nancy Skinner Honorable John Burton Honorable Peter Espinoza Honorable Carlos Moreno L. Song Richardson Governing Statute: The Committee was created by 2019 Cal. Stat. ch. 25. In relevant part, that bill added or amended Government Code Sections 8280, 8281.5, 8282, 8283, 8286, 8287, 8290.5, 8291, 8292, 8293, 8294, 8295, and 8296. Those provisions are set out below. § 8280. Creation of Commission and Committee 8280. (a) There is created in the State Government the California Law Revision Commission. (b) Commencing January 1, 2020, there exists within the California Law Revision Commission the Committee on Revision of the Penal Code. (c) For purposes of this article, the following terms have the following meanings: (1) "Commission" means the California Law Revision Commission. (2) "Committee" means the Committee on Revision of the Penal Code, unless otherwise specified. § 8281.5 Membership of Committee 8281.5. (a) The Committee on Revision of the Penal Code consists of one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, and five members appointed by the Governor. (b) (1) The Members of the Legislature appointed to the committee serve at the pleasure of the appointing power and shall participate in the activities of the committee to the extent that the participation is not incompatible with their respective public offices as Members of the Legislature. (2) For purposes of this article, those Members of the Legislature constitute a joint interim investigating committee on the subject of Section 8290.5 and, as a joint interim investigating committee, have the powers and duties imposed on those committees by the Joint Rules of the Senate and Assembly. (c) (1) The members appointed by the Governor shall be appointed for a term of four years. The terms of the members first appointed expire as follows: (A) Three terms expire on January 1, 2022. (B) Two terms expire on January 1, 2024. (2) When a vacancy occurs in any office within the committee filled by appointment by the Governor, the Governor shall appoint a person to the office, who shall hold office for the balance of the unexpired term of the person's predecessor. (d) Members of the committee shall not be members of the commission. 6 § 8282. Compensation and expenses 8282. (a) The members of the commission and committee shall serve without compensation, except that each member appointed by the Governor shall receive one hundred dollars ($100) for each day's attendance at a meeting of the commission or committee. (b) Each member of the commission and committee shall be allowed actual expenses incurred in the discharge of the member's duties, including travel expenses. § 8283. Chairperson 8283. (a) The commission shall select one of its members chairperson. Five members constitute a quorum of the commission. (b) The Governor shall select one of the committee members to serve as chairperson. Three members constitute a quorum of the committee. § 8286. Assistance of state 8286. The material of the State Library shall be made available to the commission and the committee. All state agencies, and other official state organizations, and all persons connected therewith shall give the commission and committee full information, and reasonable assistance in any matters of research requiring recourse to them, or to data within their knowledge or control. § 8287. Assistance of bar 8287. The Board of Trustees of the State Bar shall assist the commission and the committee in any manner the commission or committee may request within the scope of its powers or duties. § 8290.5 Duties of Committee 8290.5. (a) The committee shall study and make recommendations on revision of the Penal Code to achieve all of the following objectives: (1) Simplify and rationalize the substance of criminal law. (2) Simplify and rationalize criminal procedures. (3) Establish alternatives to incarceration that will aid in the rehabilitation of offenders. (4) Improve the system of parole and probation. (b) In making recommendations pursuant to subdivision (a), the committee may recommend adjustments to the length of sentence terms. In making that recommendation, the committee may consider any factors, including, but not limited to, any of the following: (1) The protection of the public. (2) The severity of the offense. (3) The rate of recidivism. (4) The availability and success of alternatives to incarceration. (5) Empirically significant disparities between
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