KQED Wins Legal Victory Against California Department of Corrections Over Public Records
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Bill Would Let Therapists and Social Workers Decide When to Confine Mentally Ill Californians for Treatment
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In addition to hearing her anchor the afternoon newscasts every weekend at KQED, you can find her working with a number of different teams including the weekday newsroom and \"Forum.\" Rachael is an East Bay native who loves watching old movies and cooking her abuelita’s recipes.","avatar":"https://secure.gravatar.com/avatar/a1defdae97cbdde04c13baacacd7c94a?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Rachael Vasquez | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/a1defdae97cbdde04c13baacacd7c94a?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/a1defdae97cbdde04c13baacacd7c94a?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/rvasquez"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11982270":{"type":"posts","id":"news_11982270","meta":{"index":"posts_1591205157","site":"news","id":"11982270","score":null,"sort":[1712673016000]},"guestAuthors":[],"slug":"kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","title":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records","publishDate":1712673016,"format":"standard","headTitle":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Sacramento Superior Court Judge James Arguelles has \u003ca href=\"https://medialaw.org/wp-content/uploads/2024/04/04.08.24kqed.pdf\">granted (PDF)\u003c/a> KQED’s petition to compel the California Department of Corrections and Rehabilitation to disclose peace officer personnel records in a timely fashion.\u003c/p>\n\u003cp>The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public six years ago by the \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\">Right to Know\u003c/a> Act. The landmark transparency law unsealed internal affairs files for the first time in 40 years. This is the fifth case in which KQED has sued or intervened to secure public access to law enforcement disciplinary records in the wake of the 2019 law.\u003c/p>\n\u003cp>[aside tag=\"justice, law\" label=\"More Related Stories\"]“KQED is impressed and gratified with the Superior Court’s ruling that the California Department of Corrections and Rehabilitation was moving too slowly,” said Ethan Toven-Lindsey, vice president of news at KQED. “We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.”\u003c/p>\n\u003cp>In early 2019, as part of a \u003ca href=\"https://www.kqed.org/policerecords\">coalition\u003c/a> of news organizations, KQED filed requests with more than 700 law enforcement agencies including CDCR, which employs about 30,000 peace officers, making it the largest in the state. In 2021, after the Legislature \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">expanded access\u003c/a> to police disciplinary records to include cases of discrimination and excessive force, KQED asked for \u003ca href=\"https://www.kqed.org/news/11908340/documents-show-how-california-dept-of-corrections-handles-racism-among-officers\">those records\u003c/a> as well.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11927577/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records\">sued\u003c/a> the prison agency in 2022, after it became apparent that at the rate it was going, it would take more than 25 years for CDCR to turn over disclosable peace officer records. In the past year and a half, the agency has sped things up. However, in its most recent motion, the prison agency estimated that it still needs more than nine years to produce an additional 925 incidents that are responsive to KQED’s requests. The agency also stated that it is constrained by an agreement with the California Correctional Peace Officers Association to notify officers before any records are released.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ethan Toven-Lindsey, vice president of news, KQED\"]‘We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.’[/pullquote]In his ruling Friday, Arguelles said that CDCR must release all responsive records by 2027 and 40 of KQED’s top priority cases by August.\u003c/p>\n\u003cp>“CDCR appreciates the court’s acknowledgment of the Department’s efforts to work with KQED to prioritize cases and increase staffing to meet its obligations,” the agency’s press secretary Terri Hardy wrote in an email. “CDCR receives a large number of Public Records Act requests each year and remains committed to transparency and refining its process.”\u003c/p>\n\u003cp>So far, the prison agency has released complete records for around 300 use-of-force and misconduct cases that span 2014 through 2021, and partial records for about 80 cases involving officer discrimination.\u003c/p>\n\u003cp>Out of those records, KQED had produced a second season of its award-winning podcast \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">On Our Watch\u003c/a>. The first season was based on internal police records obtained under the Right to Know Act. The second season focuses on use of force at the state’s most violent prison, California State Prison-Sacramento, also known as New Folsom.\u003c/p>\n\u003cp>KQED found that this prison had three times the rate of serious use-of-force incidents — in which officers seriously injure or shoot at incarcerated people — of any other state prison. The final episode of the series, which traces the footsteps of two whistleblowers who died after reporting misconduct in the prison publishes today.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public 6 years ago by the 'Right to Know' Act.","status":"publish","parent":0,"modified":1712623275,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":626},"headData":{"title":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records | KQED","description":"The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public 6 years ago by the 'Right to Know' Act.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records","datePublished":"2024-04-09T14:30:16.000Z","dateModified":"2024-04-09T00:41:15.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11982270/kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sacramento Superior Court Judge James Arguelles has \u003ca href=\"https://medialaw.org/wp-content/uploads/2024/04/04.08.24kqed.pdf\">granted (PDF)\u003c/a> KQED’s petition to compel the California Department of Corrections and Rehabilitation to disclose peace officer personnel records in a timely fashion.\u003c/p>\n\u003cp>The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public six years ago by the \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\">Right to Know\u003c/a> Act. The landmark transparency law unsealed internal affairs files for the first time in 40 years. This is the fifth case in which KQED has sued or intervened to secure public access to law enforcement disciplinary records in the wake of the 2019 law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"justice, law","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“KQED is impressed and gratified with the Superior Court’s ruling that the California Department of Corrections and Rehabilitation was moving too slowly,” said Ethan Toven-Lindsey, vice president of news at KQED. “We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.”\u003c/p>\n\u003cp>In early 2019, as part of a \u003ca href=\"https://www.kqed.org/policerecords\">coalition\u003c/a> of news organizations, KQED filed requests with more than 700 law enforcement agencies including CDCR, which employs about 30,000 peace officers, making it the largest in the state. In 2021, after the Legislature \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">expanded access\u003c/a> to police disciplinary records to include cases of discrimination and excessive force, KQED asked for \u003ca href=\"https://www.kqed.org/news/11908340/documents-show-how-california-dept-of-corrections-handles-racism-among-officers\">those records\u003c/a> as well.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11927577/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records\">sued\u003c/a> the prison agency in 2022, after it became apparent that at the rate it was going, it would take more than 25 years for CDCR to turn over disclosable peace officer records. In the past year and a half, the agency has sped things up. However, in its most recent motion, the prison agency estimated that it still needs more than nine years to produce an additional 925 incidents that are responsive to KQED’s requests. The agency also stated that it is constrained by an agreement with the California Correctional Peace Officers Association to notify officers before any records are released.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ethan Toven-Lindsey, vice president of news, KQED","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In his ruling Friday, Arguelles said that CDCR must release all responsive records by 2027 and 40 of KQED’s top priority cases by August.\u003c/p>\n\u003cp>“CDCR appreciates the court’s acknowledgment of the Department’s efforts to work with KQED to prioritize cases and increase staffing to meet its obligations,” the agency’s press secretary Terri Hardy wrote in an email. “CDCR receives a large number of Public Records Act requests each year and remains committed to transparency and refining its process.”\u003c/p>\n\u003cp>So far, the prison agency has released complete records for around 300 use-of-force and misconduct cases that span 2014 through 2021, and partial records for about 80 cases involving officer discrimination.\u003c/p>\n\u003cp>Out of those records, KQED had produced a second season of its award-winning podcast \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">On Our Watch\u003c/a>. The first season was based on internal police records obtained under the Right to Know Act. The second season focuses on use of force at the state’s most violent prison, California State Prison-Sacramento, also known as New Folsom.\u003c/p>\n\u003cp>KQED found that this prison had three times the rate of serious use-of-force incidents — in which officers seriously injure or shoot at incarcerated people — of any other state prison. The final episode of the series, which traces the footsteps of two whistleblowers who died after reporting misconduct in the prison publishes today.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11982270/kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","authors":["8676"],"categories":["news_6188","news_28250","news_8"],"tags":["news_1629","news_27626","news_2997","news_9","news_20199","news_33963","news_116"],"featImg":"news_11982294","label":"news"},"news_11976875":{"type":"posts","id":"news_11976875","meta":{"index":"posts_1591205157","site":"news","id":"11976875","score":null,"sort":[1708686022000]},"guestAuthors":[],"slug":"will-s-f-voters-expand-police-powers-in-this-election","title":"Will SF Voters Expand Police Powers in This Election?","publishDate":1708686022,"format":"audio","headTitle":"Will SF Voters Expand Police Powers in This Election? | KQED","labelTerm":{},"content":"\u003cp class=\"p1\">\u003ca href=\"#episode-transcript\">\u003ci>View the full episode transcript.\u003c/i>\u003c/a>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">This March, the politics of crime in San Francisco can be found up and down the ballot, from judicial races to local ballot measures. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">KQED’s Joe Fitzgerald Rodriguez joins us to unpack Proposition E, a measure put forward by Mayor London Breed that would expand the power of the San Francisco Police Department.\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC2035323775&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003cb>Links:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003ca href=\"https://www.kqed.org/voterguide/sanfrancisco/proposition-e\">\u003cspan style=\"font-weight: 400\">KQED Voter Guide: Proposition E\u003c/span>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://bit.ly/48ujR1K\">Subscribe to KQED’s Political Breakdown newsletter\u003c/a>\u003c/li>\n\u003c/ul>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/i>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra, and welcome to the Bay. Local news to keep you rooted. Well, it’s no secret that people are worried about crime and safety in San Francisco, even though the data doesn’t really prove that crime has gotten worse. Still, Mayor London Breed is on a mission to prove she’s doing something about it. And to do that, she put some propositions on the ballot for San Francisco voters to decide on this March, including prop E, which would dramatically change how police operate in the city.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>When people ask me to explain Prop E, I’m like, well, how long do you have?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>A whole episode worth the time, Joe. Today, KQED politics reporter Joe Fitzgerald Rodriguez: breaks down San Francisco’s Prop E. Who’s for it, who’s against it, and why so many people are spending big money on it.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Crime is pretty much top of every voter’s mind right now. It is permeating nearly every ballot measure, nearly every elected office this March or in this coming race in November in San Francisco. And I would say even broadly.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Joe, we’re mostly going to talk about one of the most sweeping of these propositions on the ballot, prop E. But I do want to talk broadly about all of them. First, what is the sort of range of things that these propositions would do?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>You ready? Because we’re going to go through the alphabet soup. So prop B is about the number of police we have in San Francisco. We have about 1500 police officers right now, and prop B aims to increase that number. But it ties increasing that number to a future tax measure. Prop F is also comes with Mayor London breed and prop F is about mandating drug treatment for people that the city suspects are doing drugs who are receiving benefits from the city.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>This would allow the city to say, hey, we think you’re doing drugs, you should go get treatment. And if they don’t, then they could be kicked off that assistance. And that could also mean rental assistance. Those are all straight forward compared to prop E, because prop E isn’t one thing about the cops. It is a grab bag of things that Mayor London Breed and some others want to see changed to help police do their jobs as the public increasingly worries about public safety.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, yeah. Let’s dive into the details. I know that there are four main components to prop E. What are those, Joe?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Sure. So at a high level, those components are use of force reporting. So paperwork around when cops use force, the powers of the police commission, public surveillance and the ability for police officers to go on car chases and when and how?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>How dramatic of a shift would probably make in how Sfpd operates currently. And let’s let’s maybe take them one by one, starting with police chases.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Police have in the past restricted, and the police commission has restricted how fast a police can go in San Francisco and when they can go on these car chases, essentially. And that’s for very good reason. It’s because car chases are dangerous. Where we are now is that there has to be a threat to life. But this proposition would allow police to make pursuits for some lower level offenses, like robberies, for instance.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>The argument being that people who are, say, robbing a, a jewelry store know that if they can get in the car and they’re not an immediate threat to life, they know that they can speed away and not be pursued. So we may see a lot more of these because the bars lowered. Police can make a chase if there are lower level offenses like robberies, even if there isn’t a threat to life. And that is a is a fundamental change.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>What about the changes that probably would make to how officers report about use of force? Help me understand that one.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>So right now, police officers need to file paperwork whenever they use force in an interaction with the suspect. If prop E were to pass, the use of force documentation will only happen if someone is injured or a firearm was pointed directly at them. And what they will do instead is use your body camera footage. And so they say, okay, well there is force used.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Well it doesn’t rise to the level of taking documentation down, but we will log your body camera footage and that will serve as our documentation of the incident. And the argument being that, you know, we’re in a staffing shortage for police. When they do use force, they are stuck behind a desk writing paperwork, and this may free them up to actually be out there on the streets, helping to prevent crime merely with their presence.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And what about the issue of surveillance, Joe? How dramatic of a shift would probably make in how Sfpd currently surveil the public?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Oh, completely dramatically so. Right now, the San Francisco Police Department is very limited in how they can access surveillance. They have to ask permission of businesses to obtain surveillance footage. They can’t place their own cameras in the city. A lot of that was curtailed by the Board of Supervisors, who really were in particular worried about police use of facial recognition technology and enhanced surveillance and really want to limit police’s ability to do mass surveillance of San Franciscans.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>But this would help them circumvent that. Essentially, Police Chief Bill Scott could choose to, put up surveillance cameras throughout the city. They could employ, different surveillance technologies. They could even have drones under prop E.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And then, Joe, there is these proposed changes to the police commission. How exactly would probably change how this really citizen oversight body, the police Commission, functions. Now.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>This one is probably the most fundamental change to how police operate in San Francisco. Essentially, in a nutshell, the police commission can make policies that dictate how the police operate. But this change under prop is huge, because essentially what would happen is when the police commission wants to pass a policy, they have to go have a public meeting at every police station in San Francisco in order to make that happen.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>And the only person who can waive that process is the police chief himself. That gives the police department an incredible ability to stymie, slow down, and gum up the process of passing policies that they don’t like, and especially the mayor. Because if the mayor doesn’t agree with the policy, the mayor can ask the police chief to gum up that process and slow it down for the, police commission.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Coming up, why London Breed put prop E on the ballot and the arguments against it. Stay with us.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>This was, as we mentioned earlier, mayor London Breeds idea to put property on the ballot. How does she explain her rationale behind this proposition?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>When London Breed announced this proposition in October. She really laid out her philosophy that we needed to give the police department expanded powers to address what she sees and the electorate sees as a public safety crisis in San Francisco, even if the data doesn’t bear that out.\u003c/p>\n\u003cp>\u003cstrong>Mayor London Breed: \u003c/strong>So many of us know that numbers mean nothing when you feel unsafe, when there’s a perception of issues around safety.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She’s responding to the electorate who is angry and dissatisfied, and that is her viewpoint of why property is needed.\u003c/p>\n\u003cp>\u003cstrong>Mayor London Breed: \u003c/strong>That doesn’t mean we walk away from our values. It just means we have another tool to help combat the crime that is terrorizing San Francisco.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Poll after poll after poll, and you have to take them as a snapshot in time. They’re not necessarily predictive of an election, but poll after poll show Mayor London breeds numbers are down. People don’t believe the city is going in the right direction. And right now the person that they’re laying that on is the mayor. I mean, if you just roll back two years ago, that person was Chase a Boudin, the former district attorney who was ousted in a recall.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>And that anger and frustration is like a tide. And that tide rolled over Chesa Boudin. And now that tide is coming for mayor London breed. And that’s what we’re really seeing in the polls. People are dissatisfied with the state of San Francisco, and they are holding the mayor accountable for it.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Who else is supporting prop E? Joe, if you like? There were a lot of moderate politicians standing behind London Breed at that press conference.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Another person who spoke in favor of prop E is Nancy Tung.\u003c/p>\n\u003cp>\u003cstrong>Nancy Tung \u003c/strong>Prop E is one of those things, which just makes sense.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She’s an assistant district attorney, but she’s also really well known in the Chinese community for her prior run for the district attorney’s office and for her prominence on the San Francisco Democratic Party board.\u003c/p>\n\u003cp>\u003cstrong>Nancy Tung \u003c/strong>While the mayor is doing her best to try to fill the ranks in the police department, we still have to protect public safety. We have to do more with less. And the way we do that is to take off restrictions from the police department and then also allow them to use technology to help them in their jobs.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Supervisor Matt Dorsey, and unsurprisingly, is, backing prop used to work for the police department as a head of communications, I should say. But you know other groups as well. Stop Crime Action, which has been a really influential group lately. The San Francisco Police Officers Association, which is the union representing police officers, is backing prop E. Annie Chung, who is the president and CEO of Self-Help for the elderly.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She has a lot of standing in, the Chinese community in San Francisco. She’s been a decades long advocate for them, is rallying people to prop E, the Golden Gate Restaurant Association. And, you know, you have to imagine a lot of restaurants and bars are kind of tired of having to deal with, crime and break ins. So they’re behind it. And that’s also why the San Francisco Council of District Merchants Associations behind it.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Who are like the organizations, the politicians who are standing out against prop E.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>It should be no surprise that a lot of the organizations that push for controls on police surveillance are against property. That includes the ACLU of Northern California. That includes the Electronic Frontier Foundation. They’re out in front, opposing property. And just that this ACLU rally goes out this past week, mayoral candidate Ahsha Safaí was there, but also members of the police commission who don’t want to see the power of the police commission curtailed.\u003c/p>\n\u003cp>\u003cstrong>Kevin Benedicto: \u003c/strong>The other side might have the money, but I think we have the people on our side.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>So Kevin Benedicto is a member of the San Francisco Police Commission. He was appointed in 2022. And he had this to say about why he’s opposing.\u003c/p>\n\u003cp>\u003cstrong>Kevin Benedicto: \u003c/strong>Probably it lowers safeguards and that allows the department to cut corners and lower safeguards when it comes to use of force, which is very dangerous. It lowers safeguards when it comes to surveillance technologies. It lowers safeguards when it comes to high speed, dangerous vehicle pursuits. And we have serious public safety issues in San Francisco. Just lowering safeguards across the board is not going to do it.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>So I was at the ACLU press conference. One compelling story came from Ciara Keegean, a 25 year old San Franciscan who works in the East Bay.\u003c/p>\n\u003cp>\u003cstrong>Ciara Keegean: \u003c/strong>Two months ago, I was in a horrible car accident caused by the Sfpd.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>And she was driving home from work one evening when she came in a head on collision with a suspect being chased by police.\u003c/p>\n\u003cp>\u003cstrong>Ciara Keegean: \u003c/strong>My family and I later requested the police report, and, found out that the car had been involved in an armed mugging in downtown San Francisco. The police spiked the tires before it got onto the bridge, and chased the car at up to 80mph across the bridge into Oakland, where it finally hit me.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She was hospitalized after she had some soft tissue injuries. She has had a hard time at work. She’s going through therapy. She’s trying to get past the trauma of what she went through.\u003c/p>\n\u003cp>\u003cstrong>Ciara Keegean: \u003c/strong>When the car hit me. I was on handsfree speakerphone, talking to my boyfriend. And the only thing he heard was my screams and the sirens of police cars. I was transported…\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She was able to tell me that she opposes Prop E because she doesn’t want other people to go what she went through.\u003c/p>\n\u003cp>\u003cstrong>Ciara Keegean: \u003c/strong>this proposition will make San Franciscans less safe and endangered my lives. And it will endanger other San Franciscans.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>People against Prop E are worried that more police chases will lead to more deaths and more injuries on San Francisco streets. And perhaps chiefly, they’re worried that the curtailing of the power of the citizen led police commission will lead to fewer police policies that keep them on the right side of criminal justice reform.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I do also want to ask you about campaign spending. How much money has been spent on prop E and who’s been spending it in opposition?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>“No on E” has raised about $200,000. And that’s mostly raised by the ACLU. The yes on E! Campaign, committee that is tied to Mayor London breed has raised $750,000 at this point. The Lori for prop e campaign that’s by Miranda Breed’s opponent, Daniel Lurie. The Levi Strauss ER and nonprofit CEO raised about $607,000. So that’s a combined about a $1.3 million for property.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And is that a lot of money for a local ballot measure?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>That is a metric ton of money for a local ballot measure. Yes. Some of the biggest funders of the yes on the campaign are Ron Conway, the angel investor and godfather of Silicon Valley, who has backed a lot of large companies. The ripple CEO Chris Larsen, is backing us on E! Together, they’ve dropped hundreds of thousands of dollars. Into a local races. It is a lot of money, and there’s a lot of money from tech folks who, you know, are arguing a political stance.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>They are arguing for less citizen oversight over police, for more and expanded police powers. And really, when you see the amount of the people backing it, it’s really a bevy of people who are supporters of London Breed and who are right now working to kind of shift the balance of power in San Francisco towards more moderate Democrats and away from progressives.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, do we have a sense of how good of a chance prop E might have at passing, do we know?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>A lot of polling shows San Franciscans fed up with crime and fed up with homelessness and all sorts of issues around public safety. So, you know, looking at that sentiment and what I’m hearing from sources who I interview out there about the sentiment around public safety, I think it’s a pretty sure bet that anything that says police on the ballot will get a really big yes.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Seems like even a shift from how folks are feeling in 2020 after the murder of George Floyd.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Yeah, absolutely. And, you know, we have to question that shift in light of the data, right? The data does show a more nuanced picture of crime in San Francisco. And that shows a more nuanced picture of crime in California. You know, some great reporting by colleagues here, KQED, including Marisa Lagos, has shown that, you know, crime is up in other places, including with more Republican leaning district attorneys and leadership.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>So is it something that is happening at the local level and things we’re doing here, or is the perception of crime tied more around media reporting what we’re seeing on social media, and when does that end? When will we ever stop being scared for public safety? And when does that stop driving our politics? Because right now it’s driving our politics pretty heavily.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>No amount of impact on the streets has made us feel safer. And that’s what you hear a lot. It’s not really about the data, it’s about how people feel. But what will change that? What will change how people feel? And that’s an answer I don’t think anyone has right now.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Joe, thank you so much.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Thank you so much.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>That was Joe Fitzgerald Rodriguez, a politics reporter for KQED. By the way, KQED has got a pretty comprehensive voter guide online with information about both state and local races across all nine Bay area counties. Just go to KQED.org/VoterGuide. This 55 minute conversation with Joe was cut down and edited by producer Maria Esquinca. Alan Montecillo is our senior editor, who scored this episode and added all the tape. Music courtesy of First Come Music Audio Network and Bluedot sessions.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Thanks as well to Juan Carlos Lara and any throughout the rest of our podcast team here at KQED includes Jen Chien, our Director of podcasts, Katie Sprenger, our podcast operations manager, Cesar Saldana, our podcast engagement producer, and Maha Sanad, our podcast Engagement Intern. The basic production of listener supported KQED in San Francisco. I’m Ericka Cruz Guevarra, thanks for listening. Happy voting ya’ll.\u003c/p>\n\n","blocks":[],"excerpt":"In this episode of The Bay, KQED's Joe Fitzgerald Rodriguez breaks down Proposition E, a ballot measure that would expand the powers of SFPD.","status":"publish","parent":0,"modified":1709593270,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":71,"wordCount":3341},"headData":{"title":"Will SF Voters Expand Police Powers in This Election? | KQED","description":"In this episode of The Bay, KQED's Joe Fitzgerald Rodriguez breaks down Proposition E, a ballot measure that would expand the powers of SFPD.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Will SF Voters Expand Police Powers in This Election?","datePublished":"2024-02-23T11:00:22.000Z","dateModified":"2024-03-04T23:01:10.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC2035323775.mp3?updated=1708651289","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11976875/will-s-f-voters-expand-police-powers-in-this-election","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp class=\"p1\">\u003ca href=\"#episode-transcript\">\u003ci>View the full episode transcript.\u003c/i>\u003c/a>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">This March, the politics of crime in San Francisco can be found up and down the ballot, from judicial races to local ballot measures. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">KQED’s Joe Fitzgerald Rodriguez joins us to unpack Proposition E, a measure put forward by Mayor London Breed that would expand the power of the San Francisco Police Department.\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC2035323775&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003cb>Links:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003ca href=\"https://www.kqed.org/voterguide/sanfrancisco/proposition-e\">\u003cspan style=\"font-weight: 400\">KQED Voter Guide: Proposition E\u003c/span>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://bit.ly/48ujR1K\">Subscribe to KQED’s Political Breakdown newsletter\u003c/a>\u003c/li>\n\u003c/ul>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra, and welcome to the Bay. Local news to keep you rooted. Well, it’s no secret that people are worried about crime and safety in San Francisco, even though the data doesn’t really prove that crime has gotten worse. Still, Mayor London Breed is on a mission to prove she’s doing something about it. And to do that, she put some propositions on the ballot for San Francisco voters to decide on this March, including prop E, which would dramatically change how police operate in the city.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>When people ask me to explain Prop E, I’m like, well, how long do you have?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>A whole episode worth the time, Joe. Today, KQED politics reporter Joe Fitzgerald Rodriguez: breaks down San Francisco’s Prop E. Who’s for it, who’s against it, and why so many people are spending big money on it.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Crime is pretty much top of every voter’s mind right now. It is permeating nearly every ballot measure, nearly every elected office this March or in this coming race in November in San Francisco. And I would say even broadly.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Joe, we’re mostly going to talk about one of the most sweeping of these propositions on the ballot, prop E. But I do want to talk broadly about all of them. First, what is the sort of range of things that these propositions would do?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>You ready? Because we’re going to go through the alphabet soup. So prop B is about the number of police we have in San Francisco. We have about 1500 police officers right now, and prop B aims to increase that number. But it ties increasing that number to a future tax measure. Prop F is also comes with Mayor London breed and prop F is about mandating drug treatment for people that the city suspects are doing drugs who are receiving benefits from the city.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>This would allow the city to say, hey, we think you’re doing drugs, you should go get treatment. And if they don’t, then they could be kicked off that assistance. And that could also mean rental assistance. Those are all straight forward compared to prop E, because prop E isn’t one thing about the cops. It is a grab bag of things that Mayor London Breed and some others want to see changed to help police do their jobs as the public increasingly worries about public safety.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, yeah. Let’s dive into the details. I know that there are four main components to prop E. What are those, Joe?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Sure. So at a high level, those components are use of force reporting. So paperwork around when cops use force, the powers of the police commission, public surveillance and the ability for police officers to go on car chases and when and how?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>How dramatic of a shift would probably make in how Sfpd operates currently. And let’s let’s maybe take them one by one, starting with police chases.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Police have in the past restricted, and the police commission has restricted how fast a police can go in San Francisco and when they can go on these car chases, essentially. And that’s for very good reason. It’s because car chases are dangerous. Where we are now is that there has to be a threat to life. But this proposition would allow police to make pursuits for some lower level offenses, like robberies, for instance.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>The argument being that people who are, say, robbing a, a jewelry store know that if they can get in the car and they’re not an immediate threat to life, they know that they can speed away and not be pursued. So we may see a lot more of these because the bars lowered. Police can make a chase if there are lower level offenses like robberies, even if there isn’t a threat to life. And that is a is a fundamental change.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>What about the changes that probably would make to how officers report about use of force? Help me understand that one.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>So right now, police officers need to file paperwork whenever they use force in an interaction with the suspect. If prop E were to pass, the use of force documentation will only happen if someone is injured or a firearm was pointed directly at them. And what they will do instead is use your body camera footage. And so they say, okay, well there is force used.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Well it doesn’t rise to the level of taking documentation down, but we will log your body camera footage and that will serve as our documentation of the incident. And the argument being that, you know, we’re in a staffing shortage for police. When they do use force, they are stuck behind a desk writing paperwork, and this may free them up to actually be out there on the streets, helping to prevent crime merely with their presence.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And what about the issue of surveillance, Joe? How dramatic of a shift would probably make in how Sfpd currently surveil the public?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Oh, completely dramatically so. Right now, the San Francisco Police Department is very limited in how they can access surveillance. They have to ask permission of businesses to obtain surveillance footage. They can’t place their own cameras in the city. A lot of that was curtailed by the Board of Supervisors, who really were in particular worried about police use of facial recognition technology and enhanced surveillance and really want to limit police’s ability to do mass surveillance of San Franciscans.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>But this would help them circumvent that. Essentially, Police Chief Bill Scott could choose to, put up surveillance cameras throughout the city. They could employ, different surveillance technologies. They could even have drones under prop E.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And then, Joe, there is these proposed changes to the police commission. How exactly would probably change how this really citizen oversight body, the police Commission, functions. Now.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>This one is probably the most fundamental change to how police operate in San Francisco. Essentially, in a nutshell, the police commission can make policies that dictate how the police operate. But this change under prop is huge, because essentially what would happen is when the police commission wants to pass a policy, they have to go have a public meeting at every police station in San Francisco in order to make that happen.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>And the only person who can waive that process is the police chief himself. That gives the police department an incredible ability to stymie, slow down, and gum up the process of passing policies that they don’t like, and especially the mayor. Because if the mayor doesn’t agree with the policy, the mayor can ask the police chief to gum up that process and slow it down for the, police commission.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Coming up, why London Breed put prop E on the ballot and the arguments against it. Stay with us.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>This was, as we mentioned earlier, mayor London Breeds idea to put property on the ballot. How does she explain her rationale behind this proposition?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>When London Breed announced this proposition in October. She really laid out her philosophy that we needed to give the police department expanded powers to address what she sees and the electorate sees as a public safety crisis in San Francisco, even if the data doesn’t bear that out.\u003c/p>\n\u003cp>\u003cstrong>Mayor London Breed: \u003c/strong>So many of us know that numbers mean nothing when you feel unsafe, when there’s a perception of issues around safety.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She’s responding to the electorate who is angry and dissatisfied, and that is her viewpoint of why property is needed.\u003c/p>\n\u003cp>\u003cstrong>Mayor London Breed: \u003c/strong>That doesn’t mean we walk away from our values. It just means we have another tool to help combat the crime that is terrorizing San Francisco.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Poll after poll after poll, and you have to take them as a snapshot in time. They’re not necessarily predictive of an election, but poll after poll show Mayor London breeds numbers are down. People don’t believe the city is going in the right direction. And right now the person that they’re laying that on is the mayor. I mean, if you just roll back two years ago, that person was Chase a Boudin, the former district attorney who was ousted in a recall.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>And that anger and frustration is like a tide. And that tide rolled over Chesa Boudin. And now that tide is coming for mayor London breed. And that’s what we’re really seeing in the polls. People are dissatisfied with the state of San Francisco, and they are holding the mayor accountable for it.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Who else is supporting prop E? Joe, if you like? There were a lot of moderate politicians standing behind London Breed at that press conference.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Another person who spoke in favor of prop E is Nancy Tung.\u003c/p>\n\u003cp>\u003cstrong>Nancy Tung \u003c/strong>Prop E is one of those things, which just makes sense.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She’s an assistant district attorney, but she’s also really well known in the Chinese community for her prior run for the district attorney’s office and for her prominence on the San Francisco Democratic Party board.\u003c/p>\n\u003cp>\u003cstrong>Nancy Tung \u003c/strong>While the mayor is doing her best to try to fill the ranks in the police department, we still have to protect public safety. We have to do more with less. And the way we do that is to take off restrictions from the police department and then also allow them to use technology to help them in their jobs.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Supervisor Matt Dorsey, and unsurprisingly, is, backing prop used to work for the police department as a head of communications, I should say. But you know other groups as well. Stop Crime Action, which has been a really influential group lately. The San Francisco Police Officers Association, which is the union representing police officers, is backing prop E. Annie Chung, who is the president and CEO of Self-Help for the elderly.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She has a lot of standing in, the Chinese community in San Francisco. She’s been a decades long advocate for them, is rallying people to prop E, the Golden Gate Restaurant Association. And, you know, you have to imagine a lot of restaurants and bars are kind of tired of having to deal with, crime and break ins. So they’re behind it. And that’s also why the San Francisco Council of District Merchants Associations behind it.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Who are like the organizations, the politicians who are standing out against prop E.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>It should be no surprise that a lot of the organizations that push for controls on police surveillance are against property. That includes the ACLU of Northern California. That includes the Electronic Frontier Foundation. They’re out in front, opposing property. And just that this ACLU rally goes out this past week, mayoral candidate Ahsha Safaí was there, but also members of the police commission who don’t want to see the power of the police commission curtailed.\u003c/p>\n\u003cp>\u003cstrong>Kevin Benedicto: \u003c/strong>The other side might have the money, but I think we have the people on our side.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>So Kevin Benedicto is a member of the San Francisco Police Commission. He was appointed in 2022. And he had this to say about why he’s opposing.\u003c/p>\n\u003cp>\u003cstrong>Kevin Benedicto: \u003c/strong>Probably it lowers safeguards and that allows the department to cut corners and lower safeguards when it comes to use of force, which is very dangerous. It lowers safeguards when it comes to surveillance technologies. It lowers safeguards when it comes to high speed, dangerous vehicle pursuits. And we have serious public safety issues in San Francisco. Just lowering safeguards across the board is not going to do it.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>So I was at the ACLU press conference. One compelling story came from Ciara Keegean, a 25 year old San Franciscan who works in the East Bay.\u003c/p>\n\u003cp>\u003cstrong>Ciara Keegean: \u003c/strong>Two months ago, I was in a horrible car accident caused by the Sfpd.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>And she was driving home from work one evening when she came in a head on collision with a suspect being chased by police.\u003c/p>\n\u003cp>\u003cstrong>Ciara Keegean: \u003c/strong>My family and I later requested the police report, and, found out that the car had been involved in an armed mugging in downtown San Francisco. The police spiked the tires before it got onto the bridge, and chased the car at up to 80mph across the bridge into Oakland, where it finally hit me.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She was hospitalized after she had some soft tissue injuries. She has had a hard time at work. She’s going through therapy. She’s trying to get past the trauma of what she went through.\u003c/p>\n\u003cp>\u003cstrong>Ciara Keegean: \u003c/strong>When the car hit me. I was on handsfree speakerphone, talking to my boyfriend. And the only thing he heard was my screams and the sirens of police cars. I was transported…\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>She was able to tell me that she opposes Prop E because she doesn’t want other people to go what she went through.\u003c/p>\n\u003cp>\u003cstrong>Ciara Keegean: \u003c/strong>this proposition will make San Franciscans less safe and endangered my lives. And it will endanger other San Franciscans.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>People against Prop E are worried that more police chases will lead to more deaths and more injuries on San Francisco streets. And perhaps chiefly, they’re worried that the curtailing of the power of the citizen led police commission will lead to fewer police policies that keep them on the right side of criminal justice reform.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I do also want to ask you about campaign spending. How much money has been spent on prop E and who’s been spending it in opposition?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>“No on E” has raised about $200,000. And that’s mostly raised by the ACLU. The yes on E! Campaign, committee that is tied to Mayor London breed has raised $750,000 at this point. The Lori for prop e campaign that’s by Miranda Breed’s opponent, Daniel Lurie. The Levi Strauss ER and nonprofit CEO raised about $607,000. So that’s a combined about a $1.3 million for property.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And is that a lot of money for a local ballot measure?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>That is a metric ton of money for a local ballot measure. Yes. Some of the biggest funders of the yes on the campaign are Ron Conway, the angel investor and godfather of Silicon Valley, who has backed a lot of large companies. The ripple CEO Chris Larsen, is backing us on E! Together, they’ve dropped hundreds of thousands of dollars. Into a local races. It is a lot of money, and there’s a lot of money from tech folks who, you know, are arguing a political stance.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>They are arguing for less citizen oversight over police, for more and expanded police powers. And really, when you see the amount of the people backing it, it’s really a bevy of people who are supporters of London Breed and who are right now working to kind of shift the balance of power in San Francisco towards more moderate Democrats and away from progressives.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, do we have a sense of how good of a chance prop E might have at passing, do we know?\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>A lot of polling shows San Franciscans fed up with crime and fed up with homelessness and all sorts of issues around public safety. So, you know, looking at that sentiment and what I’m hearing from sources who I interview out there about the sentiment around public safety, I think it’s a pretty sure bet that anything that says police on the ballot will get a really big yes.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Seems like even a shift from how folks are feeling in 2020 after the murder of George Floyd.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Yeah, absolutely. And, you know, we have to question that shift in light of the data, right? The data does show a more nuanced picture of crime in San Francisco. And that shows a more nuanced picture of crime in California. You know, some great reporting by colleagues here, KQED, including Marisa Lagos, has shown that, you know, crime is up in other places, including with more Republican leaning district attorneys and leadership.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>So is it something that is happening at the local level and things we’re doing here, or is the perception of crime tied more around media reporting what we’re seeing on social media, and when does that end? When will we ever stop being scared for public safety? And when does that stop driving our politics? Because right now it’s driving our politics pretty heavily.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>No amount of impact on the streets has made us feel safer. And that’s what you hear a lot. It’s not really about the data, it’s about how people feel. But what will change that? What will change how people feel? And that’s an answer I don’t think anyone has right now.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Joe, thank you so much.\u003c/p>\n\u003cp>\u003cstrong>Joe Fitzgerald Rodriguez: \u003c/strong>Thank you so much.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>That was Joe Fitzgerald Rodriguez, a politics reporter for KQED. By the way, KQED has got a pretty comprehensive voter guide online with information about both state and local races across all nine Bay area counties. Just go to KQED.org/VoterGuide. This 55 minute conversation with Joe was cut down and edited by producer Maria Esquinca. Alan Montecillo is our senior editor, who scored this episode and added all the tape. Music courtesy of First Come Music Audio Network and Bluedot sessions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Thanks as well to Juan Carlos Lara and any throughout the rest of our podcast team here at KQED includes Jen Chien, our Director of podcasts, Katie Sprenger, our podcast operations manager, Cesar Saldana, our podcast engagement producer, and Maha Sanad, our podcast Engagement Intern. The basic production of listener supported KQED in San Francisco. I’m Ericka Cruz Guevarra, thanks for listening. Happy voting ya’ll.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11976875/will-s-f-voters-expand-police-powers-in-this-election","authors":["8654","11690","11649","11802"],"categories":["news_8"],"tags":["news_32839","news_116","news_33848","news_20331","news_22598"],"featImg":"news_11696435","label":"source_news_11976875"},"news_11975692":{"type":"posts","id":"news_11975692","meta":{"index":"posts_1591205157","site":"news","id":"11975692","score":null,"sort":[1707931027000]},"guestAuthors":[],"slug":"prop-47s-impact-on-californias-criminal-justice-system","title":"Proposition 47's Impact on California's Criminal Justice System","publishDate":1707931027,"format":"standard","headTitle":"Proposition 47’s Impact on California’s Criminal Justice System | KQED","labelTerm":{"site":"news"},"content":"\u003cp>For the last decade, most Democrats have staunchly defended one of the state’s biggest criminal justice reform measures: Proposition 47.\u003c/p>\n\u003cp>But in recent months, more and more state leaders are pushing some sort of overhaul of the 2014 ballot measure.\u003c/p>\n\u003cp>It’s a major shift from a decade ago when voters approved the initiative to lower many drug possession and property crimes from felonies to misdemeanors.\u003c/p>\n\u003cp>The state was in the middle of reversing tough-on-crime laws, trading them for a slew of criminal justice reforms that were spurred by a U.S. Supreme Court order to thin out the state’s overcrowded prisons.\u003c/p>\n\u003cp>But today’s growing concerns over property crime and public safety have put a target on Proposition 47, even though state data show no significant increase in reported shoplifting or overall theft in California since the measure passed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>What has changed over the past decade is the likelihood that police will arrest someone for stealing. According to state data obtained by KQED, about 15% of theft cases resulted in an arrest in 2013, the year before Proposition 47 passed. In 2022, that number had dropped to 6.6%.\u003c/p>\n\u003cp>That means in more than 90% of reported cases of theft, no one is ever arrested.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Los Angeles District Attorney George Gascón\"]‘I think it’s important, first of all, just to sort of separate organized retail theft from Prop. 47, because Prop. 47 doesn’t apply to organized retail theft — they are robberies, they are burglaries, they are conspiracies.’[/pullquote]Voters and Democratic lawmakers have repeatedly spurned efforts to reverse reforms like Proposition 47, despite vocal and unrelenting attacks of the measure by conservative prosecutors and police officials over the past decade.\u003c/p>\n\u003cp>But now there’s a growing sense in the state, even on the left, that property crimes have spiraled out of control: Big retailers are locking up merchandise or shuttering stores altogether. Videos of mobs of thieves ransacking luxury goods have gone viral. And even Democrats who support Proposition 47 are saying that something needs to give.\u003c/p>\n\u003cp>“Retail theft has changed,” Gov. Gavin Newsom said last month, shortly after he released the outlines of a plan to tackle property crime in California — one that would not touch Proposition 47. “It’s become deeply organized. And that’s what we need to go after. And that’s a whole different thing.”\u003c/p>\n\u003cp>Newsom, who supported Proposition 47 from its inception, remains bullish on the measure’s benefits. But as 2024 begins, there’s at least one proposed ballot measure that, if put before voters in November, would roll back portions of the law — and just last week, the mayors of two large liberal cities, San Francisco and San Jose, threw their weight behind the initiative. And there are at least a dozen proposals in the state Legislature to tweak or overturn the law — proposals that would also have to be approved by voters.\u003c/p>\n\u003cp>The state Assembly has even convened a special committee to examine retail theft and come up with proposed solutions.\u003c/p>\n\u003cp>But how, or whether, Proposition 47 has actually changed criminal behavior is harder to quantify.\u003c/p>\n\u003cp>This investigation, based on dozens of interviews and conversations with law enforcement leaders, criminal justice experts, retailers and others, as well as reviews of state and local data, lent credence to some criticisms of Proposition 47 but undercut others. And it revealed some potential policy changes that could help blunt the negative impacts.\u003c/p>\n\u003cp>Among our findings:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#numbers\">The Numbers:\u003c/a>\u003c/strong> Shoplifting numbers reported to law enforcement have not risen since Proposition 47, but the rate of arrests has fallen significantly. And there is evidence that many retailers do not report all thefts to police.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#police\">Police and Retailer Response:\u003c/a>\u003c/strong> Police and retailers have become less aggressive at engaging and arresting low-level shoplifters in recent years.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#blame\">Misplaced Blame:\u003c/a>\u003c/strong> Proposition 47 is often blamed for crimes that are well outside its purview, such as organized retail theft rings and flash mobs targeting luxury goods stores.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#felony\">Felony Threshold:\u003c/a>\u003c/strong> There’s no evidence in California or elsewhere that increasing that dollar threshold for felony shoplifting has led to more theft.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#offenders\">Repeat Offenders:\u003c/a>\u003c/strong> It remains incredibly difficult for prosecutors to aggregate charges and charge repeat shoplifters with felonies.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#courts\">Drug Courts:\u003c/a>\u003c/strong> Participation in some diversion programs, particularly drug courts, has dropped over the past decade.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#outcomes\">Positive Outcomes:\u003c/a>\u003c/strong> The ballot measure has saved the state more than $800 million by keeping people out of jails and prisons, savings that have been funneled into reentry programs with incredibly high success rates.\u003c/li>\n\u003c/ul>\n\u003ch2>The Promise\u003c/h2>\n\u003cp>The theory behind Proposition 47 was that expensive jail and prison beds should be reserved for people who pose a threat of violence and are not an appropriate place for drug addicts and minor thieves. It was crafted so that the state would have to reinvest the cost savings from fewer people in jails and prisons into treatment programs.\u003c/p>\n\u003cp>The ballot measure came before voters on the heels of the 2011 Supreme Court order to reduce the state’s prison populations and was passed as California’s violent crime rate hit a 50-year low. The vote wasn’t even close: the measure passed with nearly 60% support, by more than 1.3 million votes.\u003c/p>\n\u003cp>“Part of the thinking behind Proposition 47 was, can we have a more judicious definition of what’s considered a felony and reserve that category for more serious crimes?” said Lenore Anderson, one of the ballot measure’s architects.\u003c/p>\n\u003cp>“People should be held accountable. This is not permitted activity. This is a crime. The question is, what level of crime is it?”\u003c/p>\n\u003cp>Proposition 47 was one of several criminal justice reforms approved by lawmakers and voters between 2011 and 2016. Among Proposition 47’s signature — and most controversial — policy changes is it lowered simple possession of illegal drugs from a felony to a misdemeanor and raised the felony threshold for theft from $400 to $950.\u003c/p>\n\u003cp>[aside postID=\"news_10743111,news_10513981\" label=\"Related Stories\"]“That’s essentially what we’re talking about: … theft of items under $950,” said Anderson, who is co-founder and president of the national reform group Alliance for Safety and Justice, which grew out of Proposition 47’s sponsor, Californians for Safety and Justice.\u003c/p>\n\u003cp>Anderson argues that voters’ wishes have been repeatedly made clear. In addition to passing Proposition 47 in 2014, as well as ballot measures in 2012 and 2016 that made some prison sentences shorter, Californians resoundingly rejected an attempt to roll back portions of Proposition 47 in 2020.\u003c/p>\n\u003cp>“The folks that we see cycling in and out of the justice system that we don’t want to have cycling in our justice system, oftentimes there’s underlying addiction issues. There’s extreme economic desperation, there’s extreme instability,” Anderson said. “Whatever the problem is, voters are clear. That’s not who we’re targeting with these precious justice system resources. Let’s put those folks on a pathway to treatment and healing and get them to stop cycling in and out through a different approach.”\u003c/p>\n\u003cp>But whether Proposition 47 has succeeded is a matter of intense debate, and many law enforcement critics have attacked the measure from the beginning.\u003c/p>\n\u003ch2>\u003ca id=\"numbers\">\u003c/a>The Numbers\u003c/h2>\n\u003cp>Calls for reform of Proposition 47 are predicated on the assumption that retail theft has gone up in recent years. But in California, reported incidents of shoplifting have actually fallen, according to data collected by the California Department of Justice: From around 97,000 in 2014, when Proposition 47 was approved, to about 82,000 in 2022.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Statewide Crime Rates, 2003-2022\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-1nU6Q\" src=\"https://datawrapper.dwcdn.net/1nU6Q/8/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"500\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Retailers don’t report a huge increase nationally, either: the 2022 Retail Security Survey, conducted by the National Retail Federation, shows a “shrink” rate of about 1.4% of inventory, which is in line with the survey’s five-year average. (Shrink refers to all inventory losses, including internal and external theft and fraud and paperwork errors.)\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Reported Shoplifting Incidents per County, 2003 - 2022\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-HzP9n\" src=\"https://datawrapper.dwcdn.net/HzP9n/5/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"500\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The industry group’s report blames organized retail crime as the primary driver of external theft — and said, perhaps most troublingly, that 8 out of 10 retailers report an increase in violence and aggression associated with organized retail incidents.\u003c/p>\n\u003cp>That’s a problem, particularly for frontline retail workers. But Proposition 47 supporters — including Los Angeles District Attorney George Gascón — say it’s not the fault of the ballot measure. He said these types of organized crime rings are committing felony offenses well beyond the purview of the ballot measure, including robbery, conspiracy and sometimes assault.\u003c/p>\n\u003cp>Gascón campaigned on behalf of Proposition 47 when he was San Francisco’s top prosecutor. He said his office is currently prosecuting dozens of cases related to organized retail crimes that include robbery, conspiracy and other felony charges.\u003c/p>\n\u003cp>“I think it’s important, first of all, just to sort of separate organized retail theft from Prop. 47, because Prop. 47 doesn’t apply to organized retail theft — they are robberies, they are burglaries, they are conspiracies,” he said. “The reality is that we have a problem. And the problem is primarily driven by organized retail theft. And it has to be addressed.”\u003c/p>\n\u003cp>However, some policymakers dispute the accuracy of the reported shoplifting figures and say that many shoplifting incidents are not reported at all. Santa Monica Assemblymember Rick Chavez Zbur, who chairs the Assembly’s special committee on retail theft, said numerous retailers have told him they don’t bother to report thefts to police. San Francisco Police Chief Bill Scott said some businesses have created their own thresholds — say, only if it’s over $50 — for reporting theft.\u003c/p>\n\u003cp>Rachel Michelin, president and CEO of the California Retailers Association, agreed that shoplifting is underreported. She said many store managers feel pressure not to draw negative attention to their business and also know that police agencies have other, more serious priorities to handle.\u003c/p>\n\u003cp>But Proposition 47 supporters note that businesses and police still can report thefts of any amount under the ballot measure — they are just choosing not to.\u003c/p>\n\u003ch2>\u003ca id=\"police\">\u003c/a>Police and Retailer Response\u003c/h2>\n\u003cp>What is clear: Police are less likely to arrest someone for stealing than they were a decade ago. And retailers also appear less willing to apprehend shoplifters than they were in the past.\u003c/p>\n\u003cp>In general, arrest rates for all crimes in California have fallen over the past decade, but none as sharply as shoplifting. For example, 41% of violent crimes resulted in an arrest in 2022, down from more than 45% in 2013, the year before Proposition 47 passed. But just 6.6% of reported theft incidents resulted in an arrest in 2022, down from 15% in 2013.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Statewide Clearance Rates, 2003-2022\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-8OsID\" src=\"https://datawrapper.dwcdn.net/8OsID/8/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"500\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>UC Irvine criminologist Charis Kubrin said it’s both problematic if retailers are not reporting crimes and if police aren’t arresting suspects when they are reported — but that there’s nothing in Proposition 47 preventing police from arresting shoplifters.\u003c/p>\n\u003cp>Kubrin, who conducted the first study of Proposition 47’s impacts on crime, said low clearance rates usually indicate “a breakdown between police and the community.”\u003c/p>\n\u003cp>“So there’s nothing about Prop. 47 that says when you’re allowed to make an arrest or not make an arrest,” she said. “People can still be arrested and should still be arrested, but they are now being charged with misdemeanors, which require jail time of less than a year.”\u003c/p>\n\u003cp>That may technically be true, Yolo County District Attorney Jeff Reisig said. Misdemeanors are punishable by up to a year in jail and a $1,000 fine. But he said most people get off with little or no jail time.\u003c/p>\n\u003cp>“The reality in California (is that) misdemeanors do not result in any actionable consequence or deterrence. Now, we can argue back and forth on whether that’s right or wrong. And I’m just telling you, that’s how it is,” he said.\u003c/p>\n\u003cp>Reisig’s frustration at the lack of consequences for misdemeanors is a common complaint among Proposition 47 skeptics.\u003c/p>\n\u003cp>But even if police are willing to engage someone accused of simple shoplifting, they may not have the resources to respond. The number of sworn police officers has fallen in California in recent years, posing tough choices for police agencies.\u003c/p>\n\u003cp>“Their job is to respond to the calls by priority. And the top calls are, you know, murder, rape, robbery, child molest,” Reisig said. “They’re not responding to a misdemeanor retail theft.”\u003c/p>\n\u003cp>By nearly all accounts, police and retailers have become less aggressive at engaging and arresting low-level shoplifters in recent years. Michelin, of the California Retailers Association, said there’s a fear of blowback, particularly since so much is now caught on camera.\u003c/p>\n\u003cp>“The retailers, they’re trying to do what they can, but, you know, if they go too far. they’re the ones that are going to get sued,” she said.\u003c/p>\n\u003cp>It’s an issue that’s caused friction between law enforcement officials and some large companies. In November, Sacramento County Sheriff Jim Cooper took to X, formerly Twitter, to go after Target security officials for preventing his officers from apprehending suspected shoplifters in the store.\u003c/p>\n\u003cp>https://twitter.com/sheriffjcooper/status/1722744442782937438?s=10&t=Loau47vje53ILf4rlmrG3g\u003c/p>\n\u003cp>San Francisco Police Chief Scott agreed that many retailers are choosing to take a “hands-off approach” and that police officers have also felt the pressure to be less aggressive in the wake of the 2020 killing of George Floyd by Minneapolis police and the subsequent racial justice protests.\u003c/p>\n\u003cp>But he insisted that it’s in everyone’s best interest to report theft and respond to it within the law.\u003c/p>\n\u003cp>“Otherwise we become apathetic, and I think that fuels some of this brazenness…when there’s apathy and no accountability,” he said.\u003c/p>\n\u003cp>Scott’s intuition is in line with what criminologists have concluded after decades of studying criminal behavior, said Jake Horowitz, who directs research on safety and justice at the Pew Charitable Trusts.\u003c/p>\n\u003cp>“We know from research that it’s the likelihood of getting captured, not the severity of the sanction that deters behavior,” he said.\u003c/p>\n\u003cp>In other words, years of data show it’s the threat of being arrested — not whether someone is being arrested for a felony or misdemeanor — that discourages people from breaking the law.\u003c/p>\n\u003cp>“People don’t say, you know, I can do five years, but, if I get caught for this, I just can’t do 10. They don’t want to get caught at all,” said California Attorney General Rob Bonta, who added that “there’s no such thing as a misdemeanor being allowed. It is specifically, criminally prohibited in our law.”\u003c/p>\n\u003cp>Bonta said he backs one tweak to state law to clarify that a police officer can arrest someone for stealing, even if they did not witness the theft. That change is being proposed by Gov. Newsom.\u003c/p>\n\u003ch2>\u003ca id=\"blame\">\u003c/a>Misplaced Blame\u003c/h2>\n\u003cp>Proposition 47 is often blamed for visible, upsetting crimes that are well outside its purview, such as organized retail theft rings and flash mobs targeting luxury goods stores.\u003c/p>\n\u003cp>For example, last August, \u003ca href=\"https://twitter.com/jeffreisig/status/1690598513808486400?s=42&t=8QR1pwbTF-pnrlueczZJUQ\">Reisig, the Yolo County DA, posted a video\u003c/a> on X of a group ransacking a Nordstrom in the San Fernando Valley. His caption read:\u003c/p>\n\u003cp>“This retail theft mob happened at a Nordstrom in California today. Because of broken state laws, these crimes are considered “non-serious” and “non-violent” and nobody will go to state prison, even if caught and convicted. State laws need to be fixed and YES, many people need to go to prison for this type of crime.\u003ca href=\"https://twitter.com/hashtag/California?src=hashtag_click\"> #California\u003c/a>\u003ca href=\"https://twitter.com/hashtag/Crime?src=hashtag_click\"> #Crime\u003c/a>\u003ca href=\"https://twitter.com/hashtag/RetailTheft?src=hashtag_click\"> #RetailTheft\u003c/a>\u003ca href=\"https://twitter.com/hashtag/FixProp47?src=hashtag_click\"> #FixProp47\u003c/a>\u003c/p>\n\u003cp>https://twitter.com/jeffreisig/status/1690598513808486400?s=42&t=8QR1pwbTF-pnrlueczZJUQ\u003c/p>\n\u003cp>Reisig linked the incident to Proposition 47, despite the fact that \u003ca href=\"https://ktla.com/news/local-news/video-captures-mob-of-robbers-swarming-nordstrom-in-topanga-mall/\">police said\u003c/a> the group of 20–50 people engaged in behavior that would clearly constitute a felony: Pepper spraying a security guard and stealing more than $60,000 in merchandise.\u003c/p>\n\u003cp>In an interview, Reisig defended the post, saying that Proposition 47 has created a narrative that there are no consequences for stealing.\u003c/p>\n\u003cp>“The problem with Prop. 47, and this is why I always mention it, is that what it has created is such a knowing lack of consequence for theft that it has created a culture of lawlessness regarding retail theft,” he said. “And that’s why you have seen this proliferation of these smash and grabs and brazen thefts.”\u003c/p>\n\u003cp>Some prosecutors say they are regularly going after these types of crimes. San Mateo prosecutor Steve Wagstaffe said he’s currently pursuing grand theft charges against a group of women who stole $68,000 worth of high-end sunglasses.\u003c/p>\n\u003cp>And in Los Angeles, District Attorney Gascón said he’s currently prosecuting more than 100 organized retail theft cases as felonies — \u003ca href=\"https://www.nbclosangeles.com/news/local/la-flash-mob-retail-thefts-robberies-nordstrom-westfield-topanga-crime-lapd/3212782/#:~:text=Those%20arrests%20include%20at%20least,handbags%2C%20clothes%20and%20other%20items.\">including at least one suspect from the San Fernando Valley Nordstrom incident.\u003c/a>\u003c/p>\n\u003cp>There’s also agreement that these problems — of organized retail theft and smash-and-grab incidents — are national in scope and driven in part by the lucrative nature of selling stolen goods on the internet.\u003c/p>\n\u003cp>“It is a growing problem, we’re seeing it increase not just here in California but across the country,” Rachel Michelin of the California Retailers Association said.\u003c/p>\n\u003cp>She said California has been a leader in tackling the issue since 2018, when former Gov. Jerry Brown signed a law creating state task forces to investigate and prosecute organized rings and that Gov. Gavin Newsom has\u003ca href=\"https://ebudget.ca.gov/2024-25/pdf/BudgetSummary/CriminalJusticeandJudicialBranch.pdf\"> continued to invest around $85 million a year\u003c/a> into law enforcement grants and other investigative support.\u003c/p>\n\u003cp>Charis Kubrin, the UC Irvine criminologist, said the most visible property crimes — “smash and grab” robberies by large groups of people — seem to have more to do with criminal trends brought on by the pandemic than any policy.\u003c/p>\n\u003cp>“Prop. 47 was passed in 2014. Smash and grabs became a thing, I would say, starting around December of 2020,” she said. “In that lag was everything from the pandemic to economic instability, to challenging police-community relations, to political divisiveness.”\u003c/p>\n\u003cp>State leaders do agree with Reisig that more can be done to crack down on professional theft rings. Newsom is asking state lawmakers to strengthen several laws this year to make it easier to prosecute people who steal things to resell them and increase penalties for large-scale retailers of stolen property.\u003c/p>\n\u003ch2>\u003ca id=\"felony\">\u003c/a>Felony Threshold\u003c/h2>\n\u003cp>One of the most common attacks on Proposition 47 is over its provision that raised the felony threshold for theft from $400 to $950, meaning that in order for prosecutors to charge a felony, the value of stolen goods would have to exceed $950.\u003c/p>\n\u003cp>But there’s no evidence in California or elsewhere that increasing that dollar threshold for felony shoplifting has led to more theft, according to Pew’s Jake Horowitz, who has conducted research on the issue.\u003c/p>\n\u003cp>His research looked at 30 states that raised their felony threshold between 2000 and 2012 and found no evidence that it resulted in increased property crime. In fact, theft rates continued to decline after the change. In general, he said, there’s no correlation between property crime rates and the felony threshold.\u003c/p>\n\u003cp>Horowitz noted that there are wide variations in felony thresholds across the nation: In Texas, you have to steal $2,500 or more worth of goods to be prosecuted for a felony; in New Jersey, anything over $200 is a felony. And, he said that if states don’t raise the dollar threshold, their statutes automatically become more punitive because inflation erodes the value of a dollar.\u003c/p>\n\u003cp>This is a defense of Proposition 47 Gov. Newsom has leaned into: He showed a chart at a recent news conference noting that at least nine other states have higher thresholds than California.\u003c/p>\n\u003cfigure id=\"attachment_11962596\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11962596\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut.jpg\" alt=\"California Gov. Gavin Newsom is pictured speaking from a podium inside a conference room.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Gov. Gavin Newsom. (Beth LaBerge/KQED) \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11975715 alignright\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-800x2069.png\" alt=\"A data graph showing felony theft thresholds.\" width=\"392\" height=\"1014\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-800x2069.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-1020x2638.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-160x414.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-594x1536.png 594w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-792x2048.png 792w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state.png 1040w\" sizes=\"(max-width: 392px) 100vw, 392px\">\u003c/a>\u003c/p>\n\u003cp>“So it sounds like California’s a little tougher than Texas,” he mused.\u003c/p>\n\u003ch2>\u003ca id=\"offenders\">\u003c/a>Repeat Offenders\u003c/h2>\n\u003cp>Another common complaint from both law enforcement and retailers is that Proposition 47 has made it difficult to charge repeat thieves with felonies — even if they are stealing again and again from the same stores.\u003c/p>\n\u003cp>Supporters note that state law does allow prosecutors to charge someone with grand theft for separate incidents if “the acts are motivated by one intention, one general impulse, and one plan.” That power was already allowed by court decisions but was also passed through legislation in 2022.\u003c/p>\n\u003cp>And it has been used before. Among those cases: \u003ca href=\"https://www.ktvu.com/news/prolific-retail-thief-responsible-for-more-than-100-thefts-from-target-chesa-boudin-says\">In 2021, a “serial” thief was charged with 8 counts of felony grand theft in San Francisco\u003c/a> in connection with 120 alleged shoplifting incidents.\u003c/p>\n\u003cp>But Reisig said prosecutors aren’t using the statute because it’s virtually impossible to prove that multiple thefts are committed with the same intent and for the same purpose. And, he said, it also requires all of the thefts be reported to police, and for police to follow up with a report.\u003c/p>\n\u003cp>Los Angeles District Attorney George Gascón disagreed, saying it is possible to aggregate charges, but acknowledged that it does take more work.\u003c/p>\n\u003cp>“They have got to make the first arrest. If they don’t make the first arrest it is very hard to make a case for the aggregation,” he said.\u003c/p>\n\u003cp>Gascón also noted that it’s already possible under state law to charge people who are stealing in order to resell as part of an organized retail theft ring with a felony.\u003c/p>\n\u003cp>Still, Assemblyman Rick Zbur and others believe that a simple change to the law could make aggregating charges far easier for law enforcement.\u003c/p>\n\u003cp>Zbur said this is an area he’d like to see lawmakers tackle; it’s also one of the proposed reforms Gov. Newsom is asking the Legislature to undertake. In Newsom’s case, he is asking for legislation clarifying that law enforcement can combine the value of multiple thefts to charge grand theft, even if there are different victims involved.\u003c/p>\n\u003ch2>\u003ca id=\"courts\">\u003c/a>Drug Courts\u003c/h2>\n\u003cp>Prosecutors critical of Proposition 47 have complained since its implementation that the measure has resulted in a steep drop in participation in collaborative courts, also known as diversion programs. These programs generally offer someone charged with a crime the opportunity to have the charges dropped or reduced if they complete some sort of treatment program.\u003c/p>\n\u003cp>Prior to Proposition 47, said Wagstaffe, the top prosecutor in San Mateo County, many people arrested for theft would be facing felony charges that could carry jail or prison time — giving them an incentive to participate in drug courts as an alternative to being incarcerated and having a felony conviction on their record.\u003c/p>\n\u003cp>“My observation over the decades is that [very few] drug addicts can reach within themselves and say, ‘it’s time,’” Wagstaffe said. “There needs to be something that pushes them toward it.” Wagstaffe believes that Proposition 47 took away the court’s leverage, “because judges were not going to fill up our jails with misdemeanors.”\u003c/p>\n\u003cp>California doesn’t collect statewide data on participation in drug courts, but KQED obtained data from more than a dozen counties and found that nearly all of them had seen a drop in participation.\u003c/p>\n\u003cp>In Wagstaffe’s county, for example, 42 defendants participated in drug court in 2016; in 2023, that number was 12. And overall, the numbers plummeted from thousands of participants a year to a few hundred, based on data from the counties that responded to our request.\u003c/p>\n\u003cp>Wagstaffe doesn’t believe that it makes sense to fill jails with misdemeanor defendants, but he said there’s little incentive for someone in the throes of addiction to agree to drug treatment and probation oversight for a year if they could just plead guilty and spend a few days in jail.\u003c/p>\n\u003cp>But some people on the frontlines of addiction treatment argue that these sorts of coerced programs don’t ultimately work long-term to keep people clean. Lanelle Laws is a licensed therapist in Los Angeles whose work at a Watts nonprofit is funded by Proposition 47 savings.\u003c/p>\n\u003cp>Laws said most drug court programs require participants to “quit cold turkey.”\u003c/p>\n\u003cp>“That doesn’t always work for everyone,” she said. “They will go back to prison because they can’t sustain themselves.”\u003c/p>\n\u003cp>Laws said her experience as an incarcerated person has shaped the way she approaches people struggling with addiction.\u003c/p>\n\u003cp>“I’ve seen what happens behind the walls. And there is a better way to approach people. There’s a better way to handle things.”\u003c/p>\n\u003cp>But Yolo County District Attorney Jeff Reisig said he doesn’t believe everyone is capable of finding their way to treatment without some sort of stick hanging over their head. Reisig cited his personal, not just professional experience.\u003c/p>\n\u003cp>“I have (a) family member who has been living on the streets literally since 2015, who’s addicted to heroin, who uses heroin and fentanyl every single day,” Reisig said.\u003c/p>\n\u003cp>That family member has repeatedly refused to get help, and Reisig said he steals every day to feed his habit.\u003c/p>\n\u003cp>“My own family member is the poster child for the failure of Prop. 47 that not only decriminalized hard drugs but essentially decriminalized many forms of theft,” he said. “I’m not saying that we need to go back to a system where everybody goes to prison for drugs, but this isn’t working with Prop. 47 because there’s no stick anymore.”\u003c/p>\n\u003ch2>\u003ca id=\"outcomes\">\u003c/a>Positive Outcomes\u003c/h2>\n\u003cp>Criticisms of Proposition 47 often ignore its most tangible benefit: The money saved by incarcerating fewer people has been invested into reentry programs with very high success rates.\u003c/p>\n\u003cp>The ballot measure has saved the state more than $800 million by keeping people out of jails and prisons — $113 million this fiscal year alone. Those figures are calculated every year by the state Department of Finance and included in the state budget.\u003c/p>\n\u003cp>The money has been handed out to counties and cities, who then award grants to nonprofits that run reentry programs.\u003c/p>\n\u003cp>The difference in outcomes between those who participate in Proposition 47 programs and the overall population released from prison is staggering. \u003ca href=\"https://www.cdcr.ca.gov/research/wp-content/uploads/sites/174/2023/04/Recidivism-Report-for-Offenders-Released-in-Fiscal-Year-2017-18.pdf\">According to the most recent state data available, about 44% \u003c/a>of people who left prison in California returned with a new conviction in three years.\u003c/p>\n\u003cp>That recidivism rate was \u003ca href=\"https://app.smartsheet.com/b/publish?EQBCT=f1cf46a86b2f4e8199bff93cc5d20e81\">only about 8% \u003c/a>for people who completed a Proposition 47 reentry program.\u003c/p>\n\u003cfigure id=\"attachment_11975272\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975272\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED.jpg\" alt=\"A Black man wearing glasses, a hat a black jacket and dark jeans stands inside an office.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">David Barclay poses for portraits at the Anti-Recidivism Coalition, which receives funding from Proposition 47 savings. Barclay was released from prison in 2021, after 18 years. Barclay, who’s now 46, said that until this latest release, he had spent basically every year of his life since age 14 behind bars. Now, he’s a peer navigator and life coach at the Anti-Recidivism Coalition in Los Angeles. His position is funded through the L.A. mayor’s office’s Proposition 47 program, called Project Impact. Dressed in a three-piece pinstripe suit and an L.A. Dodgers hat, he said people now mistake him for a lawyer. \u003ccite>(Marisa Lagos/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>David Barclay is one of those success stories. He was released from prison in 2021, after 18 years. Barclay, who’s now 46, said that until this latest release, he had spent basically every year of his life since age 14 behind bars.\u003c/p>\n\u003cp>Now, he’s a peer navigator and life coach at the Anti-Recidivism Coalition in Los Angeles. His position is funded through the L.A. mayor’s office’s Proposition 47 program, called Project Impact. Dressed in a three-piece pinstripe suit and an L.A. Dodgers hat, he said people now mistake him for a lawyer.\u003c/p>\n\u003cp>“It’s a beautiful thing because people see me, they don’t — I don’t look like I’ve been incarcerated,” he said.\u003c/p>\n\u003cp>Project Impact reentry programs are based on the concept of wrap-around services, so someone like Barclay and the people he’s now coaching not only receive help getting job training but also mental and behavioral therapy, legal assistance, and access to healthcare.\u003c/p>\n\u003cp>“It’s been a journey, but I can say with support,” Barclay said, “having somebody I can communicate with on a daily basis, really help me navigate through life challenges, you know, kept me away from unhealthy relationships, helped me just stay focused on my goals,” he said.\u003c/p>\n\u003cp>In addition to this job, Barclay is working on a bachelor’s degree in social work.\u003c/p>\n\u003cp>“Now that I’m able to give back to others, that’s just the ultimate blessing.”\u003c/p>\n\u003cp>Charis Kubrin, the UC Irvine criminologist, said stories like Barclay’s show the flaws in California’s previous overreliance on incarceration.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“What we know from the research on incarceration and crime is there are diminishing returns at some point. The added incarceration rates do not add subsequent crime declines,” she said.\u003c/p>\n\n","blocks":[],"excerpt":"For the last decade, most Democrats have defended Proposition 47, the state’s criminal justice reform measure. But recently, more state leaders are pushing some sort of overhaul of the 2014 ballot measure.","status":"publish","parent":0,"modified":1710872121,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://datawrapper.dwcdn.net/1nU6Q/8/","https://datawrapper.dwcdn.net/HzP9n/5/","https://datawrapper.dwcdn.net/8OsID/8/"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":118,"wordCount":5022},"headData":{"title":"Proposition 47's Impact on California's Criminal Justice System | KQED","description":"For the last decade, most Democrats have defended Proposition 47, the state’s criminal justice reform measure. But recently, more state leaders are pushing some sort of overhaul of the 2014 ballot measure.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Proposition 47's Impact on California's Criminal Justice System","datePublished":"2024-02-14T17:17:07.000Z","dateModified":"2024-03-19T18:15:21.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/3f98866f-f056-4e9e-af56-b11500feb007/audio.mp3","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11975692/prop-47s-impact-on-californias-criminal-justice-system","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>For the last decade, most Democrats have staunchly defended one of the state’s biggest criminal justice reform measures: Proposition 47.\u003c/p>\n\u003cp>But in recent months, more and more state leaders are pushing some sort of overhaul of the 2014 ballot measure.\u003c/p>\n\u003cp>It’s a major shift from a decade ago when voters approved the initiative to lower many drug possession and property crimes from felonies to misdemeanors.\u003c/p>\n\u003cp>The state was in the middle of reversing tough-on-crime laws, trading them for a slew of criminal justice reforms that were spurred by a U.S. Supreme Court order to thin out the state’s overcrowded prisons.\u003c/p>\n\u003cp>But today’s growing concerns over property crime and public safety have put a target on Proposition 47, even though state data show no significant increase in reported shoplifting or overall theft in California since the measure passed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>What has changed over the past decade is the likelihood that police will arrest someone for stealing. According to state data obtained by KQED, about 15% of theft cases resulted in an arrest in 2013, the year before Proposition 47 passed. In 2022, that number had dropped to 6.6%.\u003c/p>\n\u003cp>That means in more than 90% of reported cases of theft, no one is ever arrested.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I think it’s important, first of all, just to sort of separate organized retail theft from Prop. 47, because Prop. 47 doesn’t apply to organized retail theft — they are robberies, they are burglaries, they are conspiracies.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Los Angeles District Attorney George Gascón","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Voters and Democratic lawmakers have repeatedly spurned efforts to reverse reforms like Proposition 47, despite vocal and unrelenting attacks of the measure by conservative prosecutors and police officials over the past decade.\u003c/p>\n\u003cp>But now there’s a growing sense in the state, even on the left, that property crimes have spiraled out of control: Big retailers are locking up merchandise or shuttering stores altogether. Videos of mobs of thieves ransacking luxury goods have gone viral. And even Democrats who support Proposition 47 are saying that something needs to give.\u003c/p>\n\u003cp>“Retail theft has changed,” Gov. Gavin Newsom said last month, shortly after he released the outlines of a plan to tackle property crime in California — one that would not touch Proposition 47. “It’s become deeply organized. And that’s what we need to go after. And that’s a whole different thing.”\u003c/p>\n\u003cp>Newsom, who supported Proposition 47 from its inception, remains bullish on the measure’s benefits. But as 2024 begins, there’s at least one proposed ballot measure that, if put before voters in November, would roll back portions of the law — and just last week, the mayors of two large liberal cities, San Francisco and San Jose, threw their weight behind the initiative. And there are at least a dozen proposals in the state Legislature to tweak or overturn the law — proposals that would also have to be approved by voters.\u003c/p>\n\u003cp>The state Assembly has even convened a special committee to examine retail theft and come up with proposed solutions.\u003c/p>\n\u003cp>But how, or whether, Proposition 47 has actually changed criminal behavior is harder to quantify.\u003c/p>\n\u003cp>This investigation, based on dozens of interviews and conversations with law enforcement leaders, criminal justice experts, retailers and others, as well as reviews of state and local data, lent credence to some criticisms of Proposition 47 but undercut others. And it revealed some potential policy changes that could help blunt the negative impacts.\u003c/p>\n\u003cp>Among our findings:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#numbers\">The Numbers:\u003c/a>\u003c/strong> Shoplifting numbers reported to law enforcement have not risen since Proposition 47, but the rate of arrests has fallen significantly. And there is evidence that many retailers do not report all thefts to police.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#police\">Police and Retailer Response:\u003c/a>\u003c/strong> Police and retailers have become less aggressive at engaging and arresting low-level shoplifters in recent years.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#blame\">Misplaced Blame:\u003c/a>\u003c/strong> Proposition 47 is often blamed for crimes that are well outside its purview, such as organized retail theft rings and flash mobs targeting luxury goods stores.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#felony\">Felony Threshold:\u003c/a>\u003c/strong> There’s no evidence in California or elsewhere that increasing that dollar threshold for felony shoplifting has led to more theft.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#offenders\">Repeat Offenders:\u003c/a>\u003c/strong> It remains incredibly difficult for prosecutors to aggregate charges and charge repeat shoplifters with felonies.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#courts\">Drug Courts:\u003c/a>\u003c/strong> Participation in some diversion programs, particularly drug courts, has dropped over the past decade.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#outcomes\">Positive Outcomes:\u003c/a>\u003c/strong> The ballot measure has saved the state more than $800 million by keeping people out of jails and prisons, savings that have been funneled into reentry programs with incredibly high success rates.\u003c/li>\n\u003c/ul>\n\u003ch2>The Promise\u003c/h2>\n\u003cp>The theory behind Proposition 47 was that expensive jail and prison beds should be reserved for people who pose a threat of violence and are not an appropriate place for drug addicts and minor thieves. It was crafted so that the state would have to reinvest the cost savings from fewer people in jails and prisons into treatment programs.\u003c/p>\n\u003cp>The ballot measure came before voters on the heels of the 2011 Supreme Court order to reduce the state’s prison populations and was passed as California’s violent crime rate hit a 50-year low. The vote wasn’t even close: the measure passed with nearly 60% support, by more than 1.3 million votes.\u003c/p>\n\u003cp>“Part of the thinking behind Proposition 47 was, can we have a more judicious definition of what’s considered a felony and reserve that category for more serious crimes?” said Lenore Anderson, one of the ballot measure’s architects.\u003c/p>\n\u003cp>“People should be held accountable. This is not permitted activity. This is a crime. The question is, what level of crime is it?”\u003c/p>\n\u003cp>Proposition 47 was one of several criminal justice reforms approved by lawmakers and voters between 2011 and 2016. Among Proposition 47’s signature — and most controversial — policy changes is it lowered simple possession of illegal drugs from a felony to a misdemeanor and raised the felony threshold for theft from $400 to $950.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_10743111,news_10513981","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“That’s essentially what we’re talking about: … theft of items under $950,” said Anderson, who is co-founder and president of the national reform group Alliance for Safety and Justice, which grew out of Proposition 47’s sponsor, Californians for Safety and Justice.\u003c/p>\n\u003cp>Anderson argues that voters’ wishes have been repeatedly made clear. In addition to passing Proposition 47 in 2014, as well as ballot measures in 2012 and 2016 that made some prison sentences shorter, Californians resoundingly rejected an attempt to roll back portions of Proposition 47 in 2020.\u003c/p>\n\u003cp>“The folks that we see cycling in and out of the justice system that we don’t want to have cycling in our justice system, oftentimes there’s underlying addiction issues. There’s extreme economic desperation, there’s extreme instability,” Anderson said. “Whatever the problem is, voters are clear. That’s not who we’re targeting with these precious justice system resources. Let’s put those folks on a pathway to treatment and healing and get them to stop cycling in and out through a different approach.”\u003c/p>\n\u003cp>But whether Proposition 47 has succeeded is a matter of intense debate, and many law enforcement critics have attacked the measure from the beginning.\u003c/p>\n\u003ch2>\u003ca id=\"numbers\">\u003c/a>The Numbers\u003c/h2>\n\u003cp>Calls for reform of Proposition 47 are predicated on the assumption that retail theft has gone up in recent years. But in California, reported incidents of shoplifting have actually fallen, according to data collected by the California Department of Justice: From around 97,000 in 2014, when Proposition 47 was approved, to about 82,000 in 2022.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Statewide Crime Rates, 2003-2022\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-1nU6Q\" src=\"https://datawrapper.dwcdn.net/1nU6Q/8/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"500\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Retailers don’t report a huge increase nationally, either: the 2022 Retail Security Survey, conducted by the National Retail Federation, shows a “shrink” rate of about 1.4% of inventory, which is in line with the survey’s five-year average. (Shrink refers to all inventory losses, including internal and external theft and fraud and paperwork errors.)\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Reported Shoplifting Incidents per County, 2003 - 2022\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-HzP9n\" src=\"https://datawrapper.dwcdn.net/HzP9n/5/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"500\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The industry group’s report blames organized retail crime as the primary driver of external theft — and said, perhaps most troublingly, that 8 out of 10 retailers report an increase in violence and aggression associated with organized retail incidents.\u003c/p>\n\u003cp>That’s a problem, particularly for frontline retail workers. But Proposition 47 supporters — including Los Angeles District Attorney George Gascón — say it’s not the fault of the ballot measure. He said these types of organized crime rings are committing felony offenses well beyond the purview of the ballot measure, including robbery, conspiracy and sometimes assault.\u003c/p>\n\u003cp>Gascón campaigned on behalf of Proposition 47 when he was San Francisco’s top prosecutor. He said his office is currently prosecuting dozens of cases related to organized retail crimes that include robbery, conspiracy and other felony charges.\u003c/p>\n\u003cp>“I think it’s important, first of all, just to sort of separate organized retail theft from Prop. 47, because Prop. 47 doesn’t apply to organized retail theft — they are robberies, they are burglaries, they are conspiracies,” he said. “The reality is that we have a problem. And the problem is primarily driven by organized retail theft. And it has to be addressed.”\u003c/p>\n\u003cp>However, some policymakers dispute the accuracy of the reported shoplifting figures and say that many shoplifting incidents are not reported at all. Santa Monica Assemblymember Rick Chavez Zbur, who chairs the Assembly’s special committee on retail theft, said numerous retailers have told him they don’t bother to report thefts to police. San Francisco Police Chief Bill Scott said some businesses have created their own thresholds — say, only if it’s over $50 — for reporting theft.\u003c/p>\n\u003cp>Rachel Michelin, president and CEO of the California Retailers Association, agreed that shoplifting is underreported. She said many store managers feel pressure not to draw negative attention to their business and also know that police agencies have other, more serious priorities to handle.\u003c/p>\n\u003cp>But Proposition 47 supporters note that businesses and police still can report thefts of any amount under the ballot measure — they are just choosing not to.\u003c/p>\n\u003ch2>\u003ca id=\"police\">\u003c/a>Police and Retailer Response\u003c/h2>\n\u003cp>What is clear: Police are less likely to arrest someone for stealing than they were a decade ago. And retailers also appear less willing to apprehend shoplifters than they were in the past.\u003c/p>\n\u003cp>In general, arrest rates for all crimes in California have fallen over the past decade, but none as sharply as shoplifting. For example, 41% of violent crimes resulted in an arrest in 2022, down from more than 45% in 2013, the year before Proposition 47 passed. But just 6.6% of reported theft incidents resulted in an arrest in 2022, down from 15% in 2013.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Statewide Clearance Rates, 2003-2022\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-8OsID\" src=\"https://datawrapper.dwcdn.net/8OsID/8/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"500\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>UC Irvine criminologist Charis Kubrin said it’s both problematic if retailers are not reporting crimes and if police aren’t arresting suspects when they are reported — but that there’s nothing in Proposition 47 preventing police from arresting shoplifters.\u003c/p>\n\u003cp>Kubrin, who conducted the first study of Proposition 47’s impacts on crime, said low clearance rates usually indicate “a breakdown between police and the community.”\u003c/p>\n\u003cp>“So there’s nothing about Prop. 47 that says when you’re allowed to make an arrest or not make an arrest,” she said. “People can still be arrested and should still be arrested, but they are now being charged with misdemeanors, which require jail time of less than a year.”\u003c/p>\n\u003cp>That may technically be true, Yolo County District Attorney Jeff Reisig said. Misdemeanors are punishable by up to a year in jail and a $1,000 fine. But he said most people get off with little or no jail time.\u003c/p>\n\u003cp>“The reality in California (is that) misdemeanors do not result in any actionable consequence or deterrence. Now, we can argue back and forth on whether that’s right or wrong. And I’m just telling you, that’s how it is,” he said.\u003c/p>\n\u003cp>Reisig’s frustration at the lack of consequences for misdemeanors is a common complaint among Proposition 47 skeptics.\u003c/p>\n\u003cp>But even if police are willing to engage someone accused of simple shoplifting, they may not have the resources to respond. The number of sworn police officers has fallen in California in recent years, posing tough choices for police agencies.\u003c/p>\n\u003cp>“Their job is to respond to the calls by priority. And the top calls are, you know, murder, rape, robbery, child molest,” Reisig said. “They’re not responding to a misdemeanor retail theft.”\u003c/p>\n\u003cp>By nearly all accounts, police and retailers have become less aggressive at engaging and arresting low-level shoplifters in recent years. Michelin, of the California Retailers Association, said there’s a fear of blowback, particularly since so much is now caught on camera.\u003c/p>\n\u003cp>“The retailers, they’re trying to do what they can, but, you know, if they go too far. they’re the ones that are going to get sued,” she said.\u003c/p>\n\u003cp>It’s an issue that’s caused friction between law enforcement officials and some large companies. In November, Sacramento County Sheriff Jim Cooper took to X, formerly Twitter, to go after Target security officials for preventing his officers from apprehending suspected shoplifters in the store.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1722744442782937438"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>San Francisco Police Chief Scott agreed that many retailers are choosing to take a “hands-off approach” and that police officers have also felt the pressure to be less aggressive in the wake of the 2020 killing of George Floyd by Minneapolis police and the subsequent racial justice protests.\u003c/p>\n\u003cp>But he insisted that it’s in everyone’s best interest to report theft and respond to it within the law.\u003c/p>\n\u003cp>“Otherwise we become apathetic, and I think that fuels some of this brazenness…when there’s apathy and no accountability,” he said.\u003c/p>\n\u003cp>Scott’s intuition is in line with what criminologists have concluded after decades of studying criminal behavior, said Jake Horowitz, who directs research on safety and justice at the Pew Charitable Trusts.\u003c/p>\n\u003cp>“We know from research that it’s the likelihood of getting captured, not the severity of the sanction that deters behavior,” he said.\u003c/p>\n\u003cp>In other words, years of data show it’s the threat of being arrested — not whether someone is being arrested for a felony or misdemeanor — that discourages people from breaking the law.\u003c/p>\n\u003cp>“People don’t say, you know, I can do five years, but, if I get caught for this, I just can’t do 10. They don’t want to get caught at all,” said California Attorney General Rob Bonta, who added that “there’s no such thing as a misdemeanor being allowed. It is specifically, criminally prohibited in our law.”\u003c/p>\n\u003cp>Bonta said he backs one tweak to state law to clarify that a police officer can arrest someone for stealing, even if they did not witness the theft. That change is being proposed by Gov. Newsom.\u003c/p>\n\u003ch2>\u003ca id=\"blame\">\u003c/a>Misplaced Blame\u003c/h2>\n\u003cp>Proposition 47 is often blamed for visible, upsetting crimes that are well outside its purview, such as organized retail theft rings and flash mobs targeting luxury goods stores.\u003c/p>\n\u003cp>For example, last August, \u003ca href=\"https://twitter.com/jeffreisig/status/1690598513808486400?s=42&t=8QR1pwbTF-pnrlueczZJUQ\">Reisig, the Yolo County DA, posted a video\u003c/a> on X of a group ransacking a Nordstrom in the San Fernando Valley. His caption read:\u003c/p>\n\u003cp>“This retail theft mob happened at a Nordstrom in California today. Because of broken state laws, these crimes are considered “non-serious” and “non-violent” and nobody will go to state prison, even if caught and convicted. State laws need to be fixed and YES, many people need to go to prison for this type of crime.\u003ca href=\"https://twitter.com/hashtag/California?src=hashtag_click\"> #California\u003c/a>\u003ca href=\"https://twitter.com/hashtag/Crime?src=hashtag_click\"> #Crime\u003c/a>\u003ca href=\"https://twitter.com/hashtag/RetailTheft?src=hashtag_click\"> #RetailTheft\u003c/a>\u003ca href=\"https://twitter.com/hashtag/FixProp47?src=hashtag_click\"> #FixProp47\u003c/a>\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1690598513808486400"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Reisig linked the incident to Proposition 47, despite the fact that \u003ca href=\"https://ktla.com/news/local-news/video-captures-mob-of-robbers-swarming-nordstrom-in-topanga-mall/\">police said\u003c/a> the group of 20–50 people engaged in behavior that would clearly constitute a felony: Pepper spraying a security guard and stealing more than $60,000 in merchandise.\u003c/p>\n\u003cp>In an interview, Reisig defended the post, saying that Proposition 47 has created a narrative that there are no consequences for stealing.\u003c/p>\n\u003cp>“The problem with Prop. 47, and this is why I always mention it, is that what it has created is such a knowing lack of consequence for theft that it has created a culture of lawlessness regarding retail theft,” he said. “And that’s why you have seen this proliferation of these smash and grabs and brazen thefts.”\u003c/p>\n\u003cp>Some prosecutors say they are regularly going after these types of crimes. San Mateo prosecutor Steve Wagstaffe said he’s currently pursuing grand theft charges against a group of women who stole $68,000 worth of high-end sunglasses.\u003c/p>\n\u003cp>And in Los Angeles, District Attorney Gascón said he’s currently prosecuting more than 100 organized retail theft cases as felonies — \u003ca href=\"https://www.nbclosangeles.com/news/local/la-flash-mob-retail-thefts-robberies-nordstrom-westfield-topanga-crime-lapd/3212782/#:~:text=Those%20arrests%20include%20at%20least,handbags%2C%20clothes%20and%20other%20items.\">including at least one suspect from the San Fernando Valley Nordstrom incident.\u003c/a>\u003c/p>\n\u003cp>There’s also agreement that these problems — of organized retail theft and smash-and-grab incidents — are national in scope and driven in part by the lucrative nature of selling stolen goods on the internet.\u003c/p>\n\u003cp>“It is a growing problem, we’re seeing it increase not just here in California but across the country,” Rachel Michelin of the California Retailers Association said.\u003c/p>\n\u003cp>She said California has been a leader in tackling the issue since 2018, when former Gov. Jerry Brown signed a law creating state task forces to investigate and prosecute organized rings and that Gov. Gavin Newsom has\u003ca href=\"https://ebudget.ca.gov/2024-25/pdf/BudgetSummary/CriminalJusticeandJudicialBranch.pdf\"> continued to invest around $85 million a year\u003c/a> into law enforcement grants and other investigative support.\u003c/p>\n\u003cp>Charis Kubrin, the UC Irvine criminologist, said the most visible property crimes — “smash and grab” robberies by large groups of people — seem to have more to do with criminal trends brought on by the pandemic than any policy.\u003c/p>\n\u003cp>“Prop. 47 was passed in 2014. Smash and grabs became a thing, I would say, starting around December of 2020,” she said. “In that lag was everything from the pandemic to economic instability, to challenging police-community relations, to political divisiveness.”\u003c/p>\n\u003cp>State leaders do agree with Reisig that more can be done to crack down on professional theft rings. Newsom is asking state lawmakers to strengthen several laws this year to make it easier to prosecute people who steal things to resell them and increase penalties for large-scale retailers of stolen property.\u003c/p>\n\u003ch2>\u003ca id=\"felony\">\u003c/a>Felony Threshold\u003c/h2>\n\u003cp>One of the most common attacks on Proposition 47 is over its provision that raised the felony threshold for theft from $400 to $950, meaning that in order for prosecutors to charge a felony, the value of stolen goods would have to exceed $950.\u003c/p>\n\u003cp>But there’s no evidence in California or elsewhere that increasing that dollar threshold for felony shoplifting has led to more theft, according to Pew’s Jake Horowitz, who has conducted research on the issue.\u003c/p>\n\u003cp>His research looked at 30 states that raised their felony threshold between 2000 and 2012 and found no evidence that it resulted in increased property crime. In fact, theft rates continued to decline after the change. In general, he said, there’s no correlation between property crime rates and the felony threshold.\u003c/p>\n\u003cp>Horowitz noted that there are wide variations in felony thresholds across the nation: In Texas, you have to steal $2,500 or more worth of goods to be prosecuted for a felony; in New Jersey, anything over $200 is a felony. And, he said that if states don’t raise the dollar threshold, their statutes automatically become more punitive because inflation erodes the value of a dollar.\u003c/p>\n\u003cp>This is a defense of Proposition 47 Gov. Newsom has leaned into: He showed a chart at a recent news conference noting that at least nine other states have higher thresholds than California.\u003c/p>\n\u003cfigure id=\"attachment_11962596\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11962596\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut.jpg\" alt=\"California Gov. Gavin Newsom is pictured speaking from a podium inside a conference room.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/003_SanFrancisco_NewsomRecallEvent_09142021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Gov. Gavin Newsom. (Beth LaBerge/KQED) \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11975715 alignright\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-800x2069.png\" alt=\"A data graph showing felony theft thresholds.\" width=\"392\" height=\"1014\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-800x2069.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-1020x2638.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-160x414.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-594x1536.png 594w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state-792x2048.png 792w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/AhQVO-felony-theft-thresholds-by-state.png 1040w\" sizes=\"(max-width: 392px) 100vw, 392px\">\u003c/a>\u003c/p>\n\u003cp>“So it sounds like California’s a little tougher than Texas,” he mused.\u003c/p>\n\u003ch2>\u003ca id=\"offenders\">\u003c/a>Repeat Offenders\u003c/h2>\n\u003cp>Another common complaint from both law enforcement and retailers is that Proposition 47 has made it difficult to charge repeat thieves with felonies — even if they are stealing again and again from the same stores.\u003c/p>\n\u003cp>Supporters note that state law does allow prosecutors to charge someone with grand theft for separate incidents if “the acts are motivated by one intention, one general impulse, and one plan.” That power was already allowed by court decisions but was also passed through legislation in 2022.\u003c/p>\n\u003cp>And it has been used before. Among those cases: \u003ca href=\"https://www.ktvu.com/news/prolific-retail-thief-responsible-for-more-than-100-thefts-from-target-chesa-boudin-says\">In 2021, a “serial” thief was charged with 8 counts of felony grand theft in San Francisco\u003c/a> in connection with 120 alleged shoplifting incidents.\u003c/p>\n\u003cp>But Reisig said prosecutors aren’t using the statute because it’s virtually impossible to prove that multiple thefts are committed with the same intent and for the same purpose. And, he said, it also requires all of the thefts be reported to police, and for police to follow up with a report.\u003c/p>\n\u003cp>Los Angeles District Attorney George Gascón disagreed, saying it is possible to aggregate charges, but acknowledged that it does take more work.\u003c/p>\n\u003cp>“They have got to make the first arrest. If they don’t make the first arrest it is very hard to make a case for the aggregation,” he said.\u003c/p>\n\u003cp>Gascón also noted that it’s already possible under state law to charge people who are stealing in order to resell as part of an organized retail theft ring with a felony.\u003c/p>\n\u003cp>Still, Assemblyman Rick Zbur and others believe that a simple change to the law could make aggregating charges far easier for law enforcement.\u003c/p>\n\u003cp>Zbur said this is an area he’d like to see lawmakers tackle; it’s also one of the proposed reforms Gov. Newsom is asking the Legislature to undertake. In Newsom’s case, he is asking for legislation clarifying that law enforcement can combine the value of multiple thefts to charge grand theft, even if there are different victims involved.\u003c/p>\n\u003ch2>\u003ca id=\"courts\">\u003c/a>Drug Courts\u003c/h2>\n\u003cp>Prosecutors critical of Proposition 47 have complained since its implementation that the measure has resulted in a steep drop in participation in collaborative courts, also known as diversion programs. These programs generally offer someone charged with a crime the opportunity to have the charges dropped or reduced if they complete some sort of treatment program.\u003c/p>\n\u003cp>Prior to Proposition 47, said Wagstaffe, the top prosecutor in San Mateo County, many people arrested for theft would be facing felony charges that could carry jail or prison time — giving them an incentive to participate in drug courts as an alternative to being incarcerated and having a felony conviction on their record.\u003c/p>\n\u003cp>“My observation over the decades is that [very few] drug addicts can reach within themselves and say, ‘it’s time,’” Wagstaffe said. “There needs to be something that pushes them toward it.” Wagstaffe believes that Proposition 47 took away the court’s leverage, “because judges were not going to fill up our jails with misdemeanors.”\u003c/p>\n\u003cp>California doesn’t collect statewide data on participation in drug courts, but KQED obtained data from more than a dozen counties and found that nearly all of them had seen a drop in participation.\u003c/p>\n\u003cp>In Wagstaffe’s county, for example, 42 defendants participated in drug court in 2016; in 2023, that number was 12. And overall, the numbers plummeted from thousands of participants a year to a few hundred, based on data from the counties that responded to our request.\u003c/p>\n\u003cp>Wagstaffe doesn’t believe that it makes sense to fill jails with misdemeanor defendants, but he said there’s little incentive for someone in the throes of addiction to agree to drug treatment and probation oversight for a year if they could just plead guilty and spend a few days in jail.\u003c/p>\n\u003cp>But some people on the frontlines of addiction treatment argue that these sorts of coerced programs don’t ultimately work long-term to keep people clean. Lanelle Laws is a licensed therapist in Los Angeles whose work at a Watts nonprofit is funded by Proposition 47 savings.\u003c/p>\n\u003cp>Laws said most drug court programs require participants to “quit cold turkey.”\u003c/p>\n\u003cp>“That doesn’t always work for everyone,” she said. “They will go back to prison because they can’t sustain themselves.”\u003c/p>\n\u003cp>Laws said her experience as an incarcerated person has shaped the way she approaches people struggling with addiction.\u003c/p>\n\u003cp>“I’ve seen what happens behind the walls. And there is a better way to approach people. There’s a better way to handle things.”\u003c/p>\n\u003cp>But Yolo County District Attorney Jeff Reisig said he doesn’t believe everyone is capable of finding their way to treatment without some sort of stick hanging over their head. Reisig cited his personal, not just professional experience.\u003c/p>\n\u003cp>“I have (a) family member who has been living on the streets literally since 2015, who’s addicted to heroin, who uses heroin and fentanyl every single day,” Reisig said.\u003c/p>\n\u003cp>That family member has repeatedly refused to get help, and Reisig said he steals every day to feed his habit.\u003c/p>\n\u003cp>“My own family member is the poster child for the failure of Prop. 47 that not only decriminalized hard drugs but essentially decriminalized many forms of theft,” he said. “I’m not saying that we need to go back to a system where everybody goes to prison for drugs, but this isn’t working with Prop. 47 because there’s no stick anymore.”\u003c/p>\n\u003ch2>\u003ca id=\"outcomes\">\u003c/a>Positive Outcomes\u003c/h2>\n\u003cp>Criticisms of Proposition 47 often ignore its most tangible benefit: The money saved by incarcerating fewer people has been invested into reentry programs with very high success rates.\u003c/p>\n\u003cp>The ballot measure has saved the state more than $800 million by keeping people out of jails and prisons — $113 million this fiscal year alone. Those figures are calculated every year by the state Department of Finance and included in the state budget.\u003c/p>\n\u003cp>The money has been handed out to counties and cities, who then award grants to nonprofits that run reentry programs.\u003c/p>\n\u003cp>The difference in outcomes between those who participate in Proposition 47 programs and the overall population released from prison is staggering. \u003ca href=\"https://www.cdcr.ca.gov/research/wp-content/uploads/sites/174/2023/04/Recidivism-Report-for-Offenders-Released-in-Fiscal-Year-2017-18.pdf\">According to the most recent state data available, about 44% \u003c/a>of people who left prison in California returned with a new conviction in three years.\u003c/p>\n\u003cp>That recidivism rate was \u003ca href=\"https://app.smartsheet.com/b/publish?EQBCT=f1cf46a86b2f4e8199bff93cc5d20e81\">only about 8% \u003c/a>for people who completed a Proposition 47 reentry program.\u003c/p>\n\u003cfigure id=\"attachment_11975272\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975272\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED.jpg\" alt=\"A Black man wearing glasses, a hat a black jacket and dark jeans stands inside an office.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/IMG_3202-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">David Barclay poses for portraits at the Anti-Recidivism Coalition, which receives funding from Proposition 47 savings. Barclay was released from prison in 2021, after 18 years. Barclay, who’s now 46, said that until this latest release, he had spent basically every year of his life since age 14 behind bars. Now, he’s a peer navigator and life coach at the Anti-Recidivism Coalition in Los Angeles. His position is funded through the L.A. mayor’s office’s Proposition 47 program, called Project Impact. Dressed in a three-piece pinstripe suit and an L.A. Dodgers hat, he said people now mistake him for a lawyer. \u003ccite>(Marisa Lagos/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>David Barclay is one of those success stories. He was released from prison in 2021, after 18 years. Barclay, who’s now 46, said that until this latest release, he had spent basically every year of his life since age 14 behind bars.\u003c/p>\n\u003cp>Now, he’s a peer navigator and life coach at the Anti-Recidivism Coalition in Los Angeles. His position is funded through the L.A. mayor’s office’s Proposition 47 program, called Project Impact. Dressed in a three-piece pinstripe suit and an L.A. Dodgers hat, he said people now mistake him for a lawyer.\u003c/p>\n\u003cp>“It’s a beautiful thing because people see me, they don’t — I don’t look like I’ve been incarcerated,” he said.\u003c/p>\n\u003cp>Project Impact reentry programs are based on the concept of wrap-around services, so someone like Barclay and the people he’s now coaching not only receive help getting job training but also mental and behavioral therapy, legal assistance, and access to healthcare.\u003c/p>\n\u003cp>“It’s been a journey, but I can say with support,” Barclay said, “having somebody I can communicate with on a daily basis, really help me navigate through life challenges, you know, kept me away from unhealthy relationships, helped me just stay focused on my goals,” he said.\u003c/p>\n\u003cp>In addition to this job, Barclay is working on a bachelor’s degree in social work.\u003c/p>\n\u003cp>“Now that I’m able to give back to others, that’s just the ultimate blessing.”\u003c/p>\n\u003cp>Charis Kubrin, the UC Irvine criminologist, said stories like Barclay’s show the flaws in California’s previous overreliance on incarceration.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“What we know from the research on incarceration and crime is there are diminishing returns at some point. The added incarceration rates do not add subsequent crime declines,” she said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11975692/prop-47s-impact-on-californias-criminal-justice-system","authors":["3239"],"categories":["news_8"],"tags":["news_17626","news_27626","news_116","news_30045"],"featImg":"news_11975732","label":"news"},"news_11974214":{"type":"posts","id":"news_11974214","meta":{"index":"posts_1591205157","site":"news","id":"11974214","score":null,"sort":[1706652002000]},"guestAuthors":[],"slug":"bill-would-let-therapists-and-social-workers-decide-when-to-confine-mentally-ill-californians-for-treatment","title":"Bill Would Let Therapists and Social Workers Decide When to Confine Mentally Ill Californians for Treatment","publishDate":1706652002,"format":"standard","headTitle":"Bill Would Let Therapists and Social Workers Decide When to Confine Mentally Ill Californians for Treatment | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>A mother’s hug was on California Sen. Aisha Wahab’s mind when she authored a controversial state bill that would allow social workers and therapists to decide when to confine someone against their will so they can be treated for mental illness.\u003c/p>\n\u003cp>Wahab was once a member of the Hayward City Council, and she’d \u003ca href=\"https://www.mercurynews.com/2022/02/21/hayward-explores-alternative-to-police-answering-mental-health-crisis-calls/\">just voted to create a local program\u003c/a> that would send medical and mental health professionals to certain 911 calls in an effort to reduce police officers interacting as much with mentally ill people.\u003c/p>\n\u003cp>After the vote, a woman came up and embraced her. The woman, Wahab said, was the mother of a large Black man with autism, who often wore headphones. He doesn’t speak and gets agitated in tense situations. The mother told Wahab she was terrified of her son getting hurt or killed if the police — instead of mental health professionals — were ever called to detain her son.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"California Sen. Aisha Wahab\"]‘The problem here is that the individuals that are actually trained in this science, in this profession, in this industry, are not empowered enough to make the best decision for the people they work with the most.’[/pullquote]“The problem here,” Wahab told CalMatters in an interview, “is that the individuals that are actually trained in this science, in this profession, in this industry, are not empowered enough to make the best decision for the people they work with the most.”\u003c/p>\n\u003cp>That’s the rationale behind Wahab’s \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB402\">Senate Bill 402\u003c/a>, which passed out of the 40-member Senate on Monday. Republican Sen. Janet Nguyen of Huntington Beach cast the lone “no” vote.\u003c/p>\n\u003cp>The bill would expand those who can issue 72-hour involuntary confinements to psychiatrists, psychologists, clinical social workers, licensed marriage and family therapists and clinical counselors. In each county, a behavioral health director would have the discretion to choose which professionals could initiate involuntary detentions.\u003c/p>\n\u003cp>Under current law, police officers, members of mental health crisis teams, those in charge of treatment facilities and county-designated officials are allowed to decide when someone is such a danger to themselves or others that they need to be placed against their will in a mental health facility or hospital for a 72-hour mental health evaluation.\u003c/p>\n\u003cp>In most cases, the police end up initiating what’s known as a “5150” hold, named after a section of California’s legal code. Hospital emergency rooms are often where a mentally ill person is taken for initial assessment and treatment.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11970233,news_11961241,news_11971369,news_11945438\"]Wahab said community organizations that work with marginalized groups and immigrant populations increasingly have mental health professionals on staff who interact with mentally ill people and their families, so they know best when someone is starting to spiral out of control. They should be able to decide if someone needs to be placed into mandatory care — and without involving police as much in the process, said Wahab, an Afghan immigrant and a former board member of the nonprofit \u003ca href=\"https://afghancoalition.org/\">Afghan Coalition\u003c/a>.\u003c/p>\n\u003cp>In the 2020–21 fiscal year, 120,402 adult 5150 holds were issued across the state, \u003ca href=\"https://www.dhcs.ca.gov/services/MH/Documents/FY20-21-IDR.pdf\">according to a report (PDF) \u003c/a>from the California Department of Health Care Services.\u003c/p>\n\u003cp>Patients with behavioral health diagnoses accounted for one in five of all emergency room visits in 2021, according to the California Hospital Association. One Fresno hospital saw 6,100 patients last year for psychiatric holds, most of which police initiated, according to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240SB402\">the bill’s legislative analysis\u003c/a>.\u003c/p>\n\u003cp>Each state has a law that allows a mentally ill person to be detained for a period of time, but who can issue the holds and the rights of the person being held vary widely, \u003ca href=\"https://ps.psychiatryonline.org/doi/10.1176/appi.ps.201500205\">according to researchers\u003c/a>. For instance, at least 14 states allow social workers to issue holds.\u003c/p>\n\u003ch2 id=\"h-will-threat-of-5150-frighten-those-needing-help\" class=\"wp-block-heading\">Will threat of 5150 frighten those needing help?\u003c/h2>\n\u003cp>The California Police Chiefs Association announced Monday the organization was supporting the bill, citing the benefits of more trained professionals interacting with the mentally ill instead of relying so much on officers.\u003c/p>\n\u003cp>“In many situations where an individual presents a danger to themselves or others, there will be a need for law enforcement, but it remains important to pass legislation like SB 402 to expand mental health professionals’ role during those events,” Alex Gammelgard, the association’s president, told CalMatters in a written statement.\u003c/p>\n\u003cp>However, disability rights activists oppose expanding involuntary confinement for the mentally ill. Last year, \u003ca href=\"https://www.latimes.com/california/story/2023-10-12/gov-gavin-newsom-california-mental-illness-treatment-funding\">they objected\u003c/a> to a bill Gov. Gavin Newsom signed that expanded who could be confined against their will to those whose substance abuse disorders were so severe they couldn’t care for themselves.\u003c/p>\n\u003cfigure id=\"attachment_11974227\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11974227\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy.jpg\" alt=\"A woman behind a desk with her name on it and a US flag behind her.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">State Sen. Aisha Wahab, a Hayward Democrat, submitted a bill to allow therapists and social workers to issue 5150 involuntary confinement holds. Here, she votes during the Senate Appropriation Committee meeting at the Capitol in Sacramento on Sept. 1, 2023. \u003ccite>(Rahul Lal for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>With this latest bill, the activists argue that it would discourage people from seeking help if they know the social workers and therapists they are interacting with have the power to lock them up.\u003c/p>\n\u003cp>In testimony earlier this month before the Senate Health Committee, Debra Roth, an advocate for Disability Rights California, also brought up logistical concerns.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Alex Gammelgard, president, California Police Chiefs Association\"]‘In many situations where an individual presents a danger to themselves or others, there will be a need for law enforcement, but it remains important to pass legislation like SB 402 to expand mental health professionals’ role during those events.’[/pullquote]“We don’t see how they’re going to transport a person who does not want to go to the hospital, to the hospital,” she told the committee. “And we think law enforcement is going to get called, and that’s how it will play out in real-time.”\u003c/p>\n\u003cp>Sen. Caroline Menjivar, a Democrat who’s a former domestic violence crisis therapist and emergency medical technician from Van Nuys, had similar reservations, though she eventually voted for the bill.\u003c/p>\n\u003cp>“Some of the concerns for me are the unintended consequences in terms of what happens in real life,” Menjivar told the committee. “If a therapist then puts me on a hold, do I then wait on the sofa? Who comes in? … Does the therapist then drive this individual to their local ER?”\u003c/p>\n\u003ch2 id=\"h-california-police-free-to-use-5150\" class=\"wp-block-heading\">California police free to use 5150\u003c/h2>\n\u003cp>Wahab countered that the bill doesn’t prevent police from being called to detain someone, though the hope is they may not be needed.\u003c/p>\n\u003cp>“As for nonprofits, they can simply get a grant and retrofit a vehicle, a bus, a van, something like that,” she told the committee. “But we have also seen a lot of collaboration with the hospitals, with the ambulance service.”\u003c/p>\n\u003cp>The hope is that if a therapist, a case worker or a social worker whom a mentally ill person trusts institutes the hold, it can make the process less confrontational — and less dangerous — without needing to call police away from other duties, Wahab said.\u003c/p>\n\u003cp>And it’s not as if anyone can issue the holds, she said.\u003c/p>\n\u003cp>“We are also limiting it to people that are actually in this field,” Wahab told CalMatters. “So you could be a therapist and only work with children and never seek the ability to do a 5150 because that’s not your job. That’s not your area of interest. But there are other therapists that … work in mental-health institutions and facilities and nonprofits and so forth and their only goal is in the space. So we have been very, very narrow and focused in exactly what we are trying to do here.”\u003c/p>\n\u003cdiv class=\"wp-block-newspack-blocks-homepage-articles wpnbha show-image image-alignbehind ts-4 is-3 is-landscape has-text-align-left\">\n\u003cdiv data-posts=\"\" data-current-post-id=\"393896\">[ad fullwidth]\u003c/div>\n\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"It's usually police who confine mentally ill people for involuntary 72-hour holds for evaluation and treatment. A pending bill would extend the so-called 5150 confinement authority to county-designated professionals like therapists and clinical social workers.","status":"publish","parent":0,"modified":1706646709,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":1351},"headData":{"title":"Bill Would Let Therapists and Social Workers Decide When to Confine Mentally Ill Californians for Treatment | KQED","description":"It's usually police who confine mentally ill people for involuntary 72-hour holds for evaluation and treatment. A pending bill would extend the so-called 5150 confinement authority to county-designated professionals like therapists and clinical social workers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Bill Would Let Therapists and Social Workers Decide When to Confine Mentally Ill Californians for Treatment","datePublished":"2024-01-30T22:00:02.000Z","dateModified":"2024-01-30T20:31:49.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"\u003ca href=\"https://calmatters.org/author/ryan-sabalow/\">Ryan Sabalow\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11974214/bill-would-let-therapists-and-social-workers-decide-when-to-confine-mentally-ill-californians-for-treatment","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A mother’s hug was on California Sen. Aisha Wahab’s mind when she authored a controversial state bill that would allow social workers and therapists to decide when to confine someone against their will so they can be treated for mental illness.\u003c/p>\n\u003cp>Wahab was once a member of the Hayward City Council, and she’d \u003ca href=\"https://www.mercurynews.com/2022/02/21/hayward-explores-alternative-to-police-answering-mental-health-crisis-calls/\">just voted to create a local program\u003c/a> that would send medical and mental health professionals to certain 911 calls in an effort to reduce police officers interacting as much with mentally ill people.\u003c/p>\n\u003cp>After the vote, a woman came up and embraced her. The woman, Wahab said, was the mother of a large Black man with autism, who often wore headphones. He doesn’t speak and gets agitated in tense situations. The mother told Wahab she was terrified of her son getting hurt or killed if the police — instead of mental health professionals — were ever called to detain her son.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The problem here is that the individuals that are actually trained in this science, in this profession, in this industry, are not empowered enough to make the best decision for the people they work with the most.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"California Sen. Aisha Wahab","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“The problem here,” Wahab told CalMatters in an interview, “is that the individuals that are actually trained in this science, in this profession, in this industry, are not empowered enough to make the best decision for the people they work with the most.”\u003c/p>\n\u003cp>That’s the rationale behind Wahab’s \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB402\">Senate Bill 402\u003c/a>, which passed out of the 40-member Senate on Monday. Republican Sen. Janet Nguyen of Huntington Beach cast the lone “no” vote.\u003c/p>\n\u003cp>The bill would expand those who can issue 72-hour involuntary confinements to psychiatrists, psychologists, clinical social workers, licensed marriage and family therapists and clinical counselors. In each county, a behavioral health director would have the discretion to choose which professionals could initiate involuntary detentions.\u003c/p>\n\u003cp>Under current law, police officers, members of mental health crisis teams, those in charge of treatment facilities and county-designated officials are allowed to decide when someone is such a danger to themselves or others that they need to be placed against their will in a mental health facility or hospital for a 72-hour mental health evaluation.\u003c/p>\n\u003cp>In most cases, the police end up initiating what’s known as a “5150” hold, named after a section of California’s legal code. Hospital emergency rooms are often where a mentally ill person is taken for initial assessment and treatment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11970233,news_11961241,news_11971369,news_11945438"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Wahab said community organizations that work with marginalized groups and immigrant populations increasingly have mental health professionals on staff who interact with mentally ill people and their families, so they know best when someone is starting to spiral out of control. They should be able to decide if someone needs to be placed into mandatory care — and without involving police as much in the process, said Wahab, an Afghan immigrant and a former board member of the nonprofit \u003ca href=\"https://afghancoalition.org/\">Afghan Coalition\u003c/a>.\u003c/p>\n\u003cp>In the 2020–21 fiscal year, 120,402 adult 5150 holds were issued across the state, \u003ca href=\"https://www.dhcs.ca.gov/services/MH/Documents/FY20-21-IDR.pdf\">according to a report (PDF) \u003c/a>from the California Department of Health Care Services.\u003c/p>\n\u003cp>Patients with behavioral health diagnoses accounted for one in five of all emergency room visits in 2021, according to the California Hospital Association. One Fresno hospital saw 6,100 patients last year for psychiatric holds, most of which police initiated, according to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240SB402\">the bill’s legislative analysis\u003c/a>.\u003c/p>\n\u003cp>Each state has a law that allows a mentally ill person to be detained for a period of time, but who can issue the holds and the rights of the person being held vary widely, \u003ca href=\"https://ps.psychiatryonline.org/doi/10.1176/appi.ps.201500205\">according to researchers\u003c/a>. For instance, at least 14 states allow social workers to issue holds.\u003c/p>\n\u003ch2 id=\"h-will-threat-of-5150-frighten-those-needing-help\" class=\"wp-block-heading\">Will threat of 5150 frighten those needing help?\u003c/h2>\n\u003cp>The California Police Chiefs Association announced Monday the organization was supporting the bill, citing the benefits of more trained professionals interacting with the mentally ill instead of relying so much on officers.\u003c/p>\n\u003cp>“In many situations where an individual presents a danger to themselves or others, there will be a need for law enforcement, but it remains important to pass legislation like SB 402 to expand mental health professionals’ role during those events,” Alex Gammelgard, the association’s president, told CalMatters in a written statement.\u003c/p>\n\u003cp>However, disability rights activists oppose expanding involuntary confinement for the mentally ill. Last year, \u003ca href=\"https://www.latimes.com/california/story/2023-10-12/gov-gavin-newsom-california-mental-illness-treatment-funding\">they objected\u003c/a> to a bill Gov. Gavin Newsom signed that expanded who could be confined against their will to those whose substance abuse disorders were so severe they couldn’t care for themselves.\u003c/p>\n\u003cfigure id=\"attachment_11974227\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11974227\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy.jpg\" alt=\"A woman behind a desk with her name on it and a US flag behind her.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/09012023_Suspense_RL_CM_31-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">State Sen. Aisha Wahab, a Hayward Democrat, submitted a bill to allow therapists and social workers to issue 5150 involuntary confinement holds. Here, she votes during the Senate Appropriation Committee meeting at the Capitol in Sacramento on Sept. 1, 2023. \u003ccite>(Rahul Lal for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>With this latest bill, the activists argue that it would discourage people from seeking help if they know the social workers and therapists they are interacting with have the power to lock them up.\u003c/p>\n\u003cp>In testimony earlier this month before the Senate Health Committee, Debra Roth, an advocate for Disability Rights California, also brought up logistical concerns.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘In many situations where an individual presents a danger to themselves or others, there will be a need for law enforcement, but it remains important to pass legislation like SB 402 to expand mental health professionals’ role during those events.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Alex Gammelgard, president, California Police Chiefs Association","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“We don’t see how they’re going to transport a person who does not want to go to the hospital, to the hospital,” she told the committee. “And we think law enforcement is going to get called, and that’s how it will play out in real-time.”\u003c/p>\n\u003cp>Sen. Caroline Menjivar, a Democrat who’s a former domestic violence crisis therapist and emergency medical technician from Van Nuys, had similar reservations, though she eventually voted for the bill.\u003c/p>\n\u003cp>“Some of the concerns for me are the unintended consequences in terms of what happens in real life,” Menjivar told the committee. “If a therapist then puts me on a hold, do I then wait on the sofa? Who comes in? … Does the therapist then drive this individual to their local ER?”\u003c/p>\n\u003ch2 id=\"h-california-police-free-to-use-5150\" class=\"wp-block-heading\">California police free to use 5150\u003c/h2>\n\u003cp>Wahab countered that the bill doesn’t prevent police from being called to detain someone, though the hope is they may not be needed.\u003c/p>\n\u003cp>“As for nonprofits, they can simply get a grant and retrofit a vehicle, a bus, a van, something like that,” she told the committee. “But we have also seen a lot of collaboration with the hospitals, with the ambulance service.”\u003c/p>\n\u003cp>The hope is that if a therapist, a case worker or a social worker whom a mentally ill person trusts institutes the hold, it can make the process less confrontational — and less dangerous — without needing to call police away from other duties, Wahab said.\u003c/p>\n\u003cp>And it’s not as if anyone can issue the holds, she said.\u003c/p>\n\u003cp>“We are also limiting it to people that are actually in this field,” Wahab told CalMatters. “So you could be a therapist and only work with children and never seek the ability to do a 5150 because that’s not your job. That’s not your area of interest. But there are other therapists that … work in mental-health institutions and facilities and nonprofits and so forth and their only goal is in the space. So we have been very, very narrow and focused in exactly what we are trying to do here.”\u003c/p>\n\u003cdiv class=\"wp-block-newspack-blocks-homepage-articles wpnbha show-image image-alignbehind ts-4 is-3 is-landscape has-text-align-left\">\n\u003cdiv data-posts=\"\" data-current-post-id=\"393896\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/div>\n\u003c/div>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11974214/bill-would-let-therapists-and-social-workers-decide-when-to-confine-mentally-ill-californians-for-treatment","authors":["byline_news_11974214"],"categories":["news_8"],"tags":["news_2109","news_116","news_30212"],"affiliates":["news_18481"],"featImg":"news_11974226","label":"news_18481"},"news_11963782":{"type":"posts","id":"news_11963782","meta":{"index":"posts_1591205157","site":"news","id":"11963782","score":null,"sort":[1696777202000]},"guestAuthors":[],"slug":"qa-new-investigation-finds-most-people-injured-killed-by-san-jose-police-are-mentally-ill-or-intoxicated","title":"Q&A: New Investigation Finds Most People Injured, Killed by San José Police are Mentally Ill or Intoxicated","publishDate":1696777202,"format":"standard","headTitle":"Q&A: New Investigation Finds Most People Injured, Killed by San José Police are Mentally Ill or Intoxicated | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A \u003ca href=\"https://www.mercurynews.com/2023/10/08/when-san-jose-police-confront-people-in-mental-health-crisis-why-do-they-end-up-hurting-them-so-often/\">new investigation\u003c/a> from the Bay Area News Group, KQED, and the California Reporting Project finds that the vast majority of people seriously injured or killed by San José police are either mentally ill or intoxicated.\u003c/p>\n\u003cp>Journalists reviewed eight years of police records and found that, even with crisis intervention training, the trend has continued — and, in recent years, slightly worsened.\u003c/p>\n\u003cp>Robert Salonga covers criminal justice and public safety for the Bay Area News Group. He spoke to KQED’s Rachael Vasquez about the investigation.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for brevity and clarity.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Rachael Vazquez: You and your reporting team reviewed thousands of pages of police records for this story. What’s the most important takeaway in your mind?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Robert Salonga:\u003c/strong> The most important takeaway is the limit to which so-called crisis intervention training had an effect on the rates of people with mental illness or psychiatric emergencies suffering serious use of force at the hands of San José police. There was a demarcation line in 2017 when the San Jose Police Department instituted it department-wide. And what we can tell from before and from after is that the numbers of people being seriously injured who are mentally ill, have a psychiatric crisis or are intoxicated to the point where they exhibit similar behavior, did not change significantly. So it definitely calls into question how effective this training is and bolsters a lot of movements and programs all over the country about finding an alternative to police when it comes to responding to these kinds of emergencies.\u003c/p>\n\u003cp>\u003cstrong>One story that I think shed some light on what these interactions can be like is the arrest of William Wallace in 2021. Can you tell us what happened there? \u003c/strong>\u003c/p>\n\u003cp>Well, in the case of William Wallace, he was a man who was near downtown San José. He was walking with his bike and he was stopped by a police officer for walking on the street. And so the official offense for which he was contacted was jaywalking. Mr. Wallace refused to stop for the officer, and it escalated from there. At no point did it seem like Mr. Wallace was posing any kind of imminent physical threat. His offense seemed more that he was not complying with the officer and it eventually got physical between both sides, and it resulted in a broken nose for Mr. Wallace for, again, an underlying offense initially of jaywalking.\u003c/p>\n\u003cp>\u003cstrong>What do San José police have to say about your findings? \u003c/strong>\u003c/p>\n\u003cp>The general response from San José police has been to point out that the data we looked at, which covers strictly serious injury and death, are a small fraction of the psychiatric emergency calls and calls of that type that they encounter overall. So what they’re arguing generally is that this is a small slice of outcomes that typically end peacefully. They also state that the number of calls that involve someone in psychiatric emergency or with an apparent mental illness has more than doubled over the last few years. And so generally their point is the number of times they have to deal with this scenario has skyrocketed.[aside label=\"Related Stories\" postID=\"news_11945256,news_11945438,news_11958522\"]\u003c/p>\n\u003cp>\u003cstrong>If training hasn’t worked so far, what can police do to make these interactions less violent and, in some cases, less deadly? \u003c/strong>\u003c/p>\n\u003cp>I think one of the main takeaways we got from doing all of this data review is there are a lot of scenarios in which the underlying offense for a police contact is relatively minor. So I think there ought to be a review and some introspection about when they can let things go and when they shouldn’t. And when we’ve brought that question and posed that question to police, they generally agree and say their officers have full discretion on whether to walk away. But we know that the reality is it’s not that easy and it’s not that simple.\u003c/p>\n\u003cp>\u003cstrong>And in fairness, I would guess that walking away from a situation would be pretty counterintuitive to police. \u003c/strong>\u003c/p>\n\u003cp>It’s a very difficult thing to consider because when people call 9-1-1, they call police. They expect police to solve the problem and do something about it. And if police officers exercised that discretion and deemed what they were called in for to not be worth a potential escalation of violence, that would be the ideal. But then they also have to be accountable to the public and residents and people who expect something to be done when they call for help.\u003c/p>\n\u003cp>\u003cstrong>Well, I know you’ve talked to families whose loved ones have been killed by police in these kinds of interactions. What do they want to see change? \u003c/strong>\u003c/p>\n\u003cp>The families of victims want to see more recognition of mental illness and psychiatric emergencies in the moments that they understand that this isn’t black and white. It’s very gray. There’s a combination of both a psychiatric emergency and some danger to the officers or to the public. But they don’t believe that should necessarily equal what they call a death sentence just for calling. So that’s the broadest takeaway — this idea of taking time, exercising patience, and keeping distance when being up close to someone who might have a weapon isn’t absolutely necessary. So it’s along the lines of wanting to make sure that serious use of force and lethal force are really used as a last resort.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Journalist Robert Salonga discusses an investigation by the Bay Area News Group, KQED and the California Reporting Project that found that the vast majority of people seriously injured or killed by the SJPD are either mentally ill or intoxicated.","status":"publish","parent":0,"modified":1696796795,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":951},"headData":{"title":"Q&A: New Investigation Finds Most People Injured, Killed by San José Police are Mentally Ill or Intoxicated | KQED","description":"Journalist Robert Salonga discusses an investigation by the Bay Area News Group, KQED and the California Reporting Project that found that the vast majority of people seriously injured or killed by the SJPD are either mentally ill or intoxicated.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Q&A: New Investigation Finds Most People Injured, Killed by San José Police are Mentally Ill or Intoxicated","datePublished":"2023-10-08T15:00:02.000Z","dateModified":"2023-10-08T20:26:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://ww2.kqed.org/app/uploads/sites/10/2023/10/SJPD_2way_EXTENDED.mp3","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11963782/qa-new-investigation-finds-most-people-injured-killed-by-san-jose-police-are-mentally-ill-or-intoxicated","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://www.mercurynews.com/2023/10/08/when-san-jose-police-confront-people-in-mental-health-crisis-why-do-they-end-up-hurting-them-so-often/\">new investigation\u003c/a> from the Bay Area News Group, KQED, and the California Reporting Project finds that the vast majority of people seriously injured or killed by San José police are either mentally ill or intoxicated.\u003c/p>\n\u003cp>Journalists reviewed eight years of police records and found that, even with crisis intervention training, the trend has continued — and, in recent years, slightly worsened.\u003c/p>\n\u003cp>Robert Salonga covers criminal justice and public safety for the Bay Area News Group. He spoke to KQED’s Rachael Vasquez about the investigation.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for brevity and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Rachael Vazquez: You and your reporting team reviewed thousands of pages of police records for this story. What’s the most important takeaway in your mind?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Robert Salonga:\u003c/strong> The most important takeaway is the limit to which so-called crisis intervention training had an effect on the rates of people with mental illness or psychiatric emergencies suffering serious use of force at the hands of San José police. There was a demarcation line in 2017 when the San Jose Police Department instituted it department-wide. And what we can tell from before and from after is that the numbers of people being seriously injured who are mentally ill, have a psychiatric crisis or are intoxicated to the point where they exhibit similar behavior, did not change significantly. So it definitely calls into question how effective this training is and bolsters a lot of movements and programs all over the country about finding an alternative to police when it comes to responding to these kinds of emergencies.\u003c/p>\n\u003cp>\u003cstrong>One story that I think shed some light on what these interactions can be like is the arrest of William Wallace in 2021. Can you tell us what happened there? \u003c/strong>\u003c/p>\n\u003cp>Well, in the case of William Wallace, he was a man who was near downtown San José. He was walking with his bike and he was stopped by a police officer for walking on the street. And so the official offense for which he was contacted was jaywalking. Mr. Wallace refused to stop for the officer, and it escalated from there. At no point did it seem like Mr. Wallace was posing any kind of imminent physical threat. His offense seemed more that he was not complying with the officer and it eventually got physical between both sides, and it resulted in a broken nose for Mr. Wallace for, again, an underlying offense initially of jaywalking.\u003c/p>\n\u003cp>\u003cstrong>What do San José police have to say about your findings? \u003c/strong>\u003c/p>\n\u003cp>The general response from San José police has been to point out that the data we looked at, which covers strictly serious injury and death, are a small fraction of the psychiatric emergency calls and calls of that type that they encounter overall. So what they’re arguing generally is that this is a small slice of outcomes that typically end peacefully. They also state that the number of calls that involve someone in psychiatric emergency or with an apparent mental illness has more than doubled over the last few years. And so generally their point is the number of times they have to deal with this scenario has skyrocketed.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11945256,news_11945438,news_11958522"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>If training hasn’t worked so far, what can police do to make these interactions less violent and, in some cases, less deadly? \u003c/strong>\u003c/p>\n\u003cp>I think one of the main takeaways we got from doing all of this data review is there are a lot of scenarios in which the underlying offense for a police contact is relatively minor. So I think there ought to be a review and some introspection about when they can let things go and when they shouldn’t. And when we’ve brought that question and posed that question to police, they generally agree and say their officers have full discretion on whether to walk away. But we know that the reality is it’s not that easy and it’s not that simple.\u003c/p>\n\u003cp>\u003cstrong>And in fairness, I would guess that walking away from a situation would be pretty counterintuitive to police. \u003c/strong>\u003c/p>\n\u003cp>It’s a very difficult thing to consider because when people call 9-1-1, they call police. They expect police to solve the problem and do something about it. And if police officers exercised that discretion and deemed what they were called in for to not be worth a potential escalation of violence, that would be the ideal. But then they also have to be accountable to the public and residents and people who expect something to be done when they call for help.\u003c/p>\n\u003cp>\u003cstrong>Well, I know you’ve talked to families whose loved ones have been killed by police in these kinds of interactions. What do they want to see change? \u003c/strong>\u003c/p>\n\u003cp>The families of victims want to see more recognition of mental illness and psychiatric emergencies in the moments that they understand that this isn’t black and white. It’s very gray. There’s a combination of both a psychiatric emergency and some danger to the officers or to the public. But they don’t believe that should necessarily equal what they call a death sentence just for calling. So that’s the broadest takeaway — this idea of taking time, exercising patience, and keeping distance when being up close to someone who might have a weapon isn’t absolutely necessary. So it’s along the lines of wanting to make sure that serious use of force and lethal force are really used as a last resort.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11963782/qa-new-investigation-finds-most-people-injured-killed-by-san-jose-police-are-mentally-ill-or-intoxicated","authors":["11860"],"categories":["news_6188","news_8"],"tags":["news_31969","news_17983","news_116","news_18541","news_667"],"featImg":"news_11963790","label":"news"},"news_11958563":{"type":"posts","id":"news_11958563","meta":{"index":"posts_1591205157","site":"news","id":"11958563","score":null,"sort":[1692612029000]},"guestAuthors":[],"slug":"all-thats-old-is-new-again-opds-long-road-to-reform","title":"‘All That’s Old is New Again’: OPD’s Long Road to Reform","publishDate":1692612029,"format":"audio","headTitle":"‘All That’s Old is New Again’: OPD’s Long Road to Reform | KQED","labelTerm":{},"content":"\u003cp>\u003ca href=\"#episode-transcript\">\u003ci>\u003cspan style=\"font-weight: 400\">View the full episode transcript.\u003c/span>\u003c/i>\u003c/a>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Oakland is looking for a new police chief after Mayor Sheng Thao fired LeRonne Armstrong back in mid-February. Whoever takes the job next will inherit a department that has been under federal oversight for 20 years. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Today, we revisit a conversation with Ali Winston about the events that led to Armstrong’s downfall, and why OPD’s challenges run far deeper than who the chief is.\u003c/span>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This episode originally published on Feb. 8, 2023.\u003c/span>\u003c/i>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC7285576043&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/span>\u003c/i>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra, and welcome to The Bay. Local news to keep you rooted. No other law enforcement agency has been undergoing the process of police reform longer than the Oakland Police Department. For the last two decades, OPD has been trying to get in line with a consent decree, a binding set of reforms laid out by the federal government. But officials say a new scandal that’s led its police chief, LeRonne Armstrong, to be put on administrative leave is a sign that OPD still has a long way to go.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>In the city’s desire to kind of clear the decks and get out from under the court oversight, they treat it as a box to be checked rather than lasting reforms that are meant to reshape the way that policing is done in Oakland.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Whether or not Chief Armstrong will keep his job is still up in the air after investigators say he failed to hold officers accountable for misconduct. Today: what this latest scandal reveals about what’s changed, what remains the same at the Oakland Police Department.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>What was your initial reaction when you heard the news that Chief LeRonne Armstrong has been placed on administrative leave?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>All that’s old is new again.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Ali Winston is an independent journalist and coauthor of The Riders Come Out at Night, a book about corruption and brutality within the Oakland Police Department and its two-decades-long attempt at police reform.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>This is not a new situation, and sadly, it’s the kind of feature of the Oakland Police Department’s 20-year saga to come into compliance with modern practices of policing. They’ve been under a consent decree, a binding reform program, since the year 2003 as a result of an egregious civil rights scandal and abuses by a group of officers known as the “Riders.”\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>What prompted Chief LeRonne Armstrong to be put on leave last month?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Exactly two years ago, roughly a sergeant named Michael Chung was driving in an OPD takeover vehicle, a police issued car in the parking garage of his luxury high-rise apartment building in downtown Oakland. His passenger was a another Oakland cop, I believe, his partner or girlfriend at the time. Sergeant Chung clipped another car while in the parking garage. We don’t know why he did not report this accident. And the Oakland Police Department learned about it only when the department received an insurance claim from the driver of the damaged vehicle. So, the Internal Affairs Division opened up a case to look into the accident and the lack of reporting, which is a matter that could rise to the level of discipline. And during the course of this investigation, the officer assigned to the case found that Sergeant Chung had left the scene of a crime, had not reported the accident, and had engaged in a relationship with a subordinate officer and had not reported it. Sergeant Chung was found to have committed these incidents of misconduct by the investigator who then presented his findings to the Captain of Internal Affairs. Wilson Lau. And Captain Lau overruled the investigator’s findings and reduced discipline down from potential termination to instructions which are basically a talking to by a superior officer. And he removed the partner, the female officer, from being a subject of the investigation, who also didn’t report the crime, to being a witness. Sergeant Chung is a very popular individual in the police department. He’s the current head of the Oakland Asian Police Officers Association. And the captain in this incident Wilson Lau was his immediate, past predecessor as president of the Asian POA.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, there’s this hit and run that Sergeant Chung does not report – what happened after that?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>This case made its way up to Chief Armstrong’s desk, and he signed off on the final discipline, the verbal instructions in the file. There was the discrepancy between the initial recommendation and Captain Lau’s justification of the downgrade of discipline. This went unnoticed for about a year – until Sergeant Chung is riding in a freight elevator in OPD, I want to say in early 2022. He’s in headquarters and for whatever reason, fires a round from a service-issue pistol which creates a strike mark in the elevator. He doesn’t report this. He picks up his casing – the brass casing that ejects from the pistol – takes it with him, and on his way back from San Francisco while he’s driving, he rolls down his window and tosses it off the Bay Bridge. Another cop notices the strike mark in the elevator, reports it, and there’s a very serious investigation to find out what exactly happened in this elevator. Somebody fired a round in police headquarters and didn’t report it. Couple weeks go by and Sergeant Chung eventually comes forward and says, Hey, it was me. I did this.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>After Michael Chung came forward, he was placed on administrative leave. But word about these incidents got back to the Federal Monitor, Robert Warshaw. He’s the court-appointed official who oversees Oakland’s police reforms. And Warshaw decided that OPD wasn’t capable of handling this investigation into Michael Chung. So, the city hired an outside law firm to do its own report, and on January 18, Judge William Orrick ordered that report to be made public. This is the moment when Oakland’s new mayor, Sheng Thao and the city administrator decided to place Chief LeRonne Armstrong on administrative leave. Where does the chief sort of fit into this? What exactly is he accused of?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Chief Armstrong is on leave because he signed off on Mike Chung’s reduction of discipline in the vehicular accident without properly reviewing the report and noticing the disparity in discipline. So, as the chief of the Oakland Police Department, one of his main responsibilities is ensuring that the Oakland Police Department is in compliance with the reforms of the consent decree. And by failing to review and discern the issue in that case, the offense is on its own, not reporting the accident. The fact that he did not notice that disposition and that he signed off on Captain Wilson Lau’s decision to reduce that – that was, in a way, a dereliction of duty. The second incident, the discharging a firearm in police headquarters: that posed an immediate threat to someone’s life, and unfortunately, you know, the current back-and-forth over the police chief should be reinstated [or] he shouldn’t be reinstated. Well, the bottom line is that the failing happened at a level kind of below him. He failed to do his job and make certain that that failure didn’t happen. And the real issue here is that the same problems – the same type of problem keeps repeating itself in OPD every two, three, five years. Failing to ensure the integrity of the internal affairs process in the Oakland Police Department is the reason for the departure of LeRonne Armstrong’s immediate predecessors, Anne Kirkpatrick and Sean Whent. If we go back, it’s also the grounds for the dismissal of Howard Jordan, who is the last police chief with a significant term before Whent in, I believe, 2013. There are even some periods where there have been two or three police chiefs in a week just because of the sheer amount of tumult in the Oakland Police Department as a result of several past scandals. You know, history will come back to bite you.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I feel like Chief Armstrong has sort of become the principle person, as you’ve just been talking about, who’s really taken center stage in this scandal. But it seems like the problem is, in fact, deeper than him. So, what are the issues within OPD that this latest scandal has revealed?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>There are many issues that come up here. Consistency of discipline and the integrity of the internal affairs investigation is critical and at the center of all this. But there are bigger issues with the quality of people who OPD have brought in, their screening process for recruits, how they determine who should be promoted to a supervisory position or not, and then potentially whether or not there is outside influence in terms of Sergeant Chung being in his position. And if there was interference with – like, hey, look, this guy is…he’s our boy, don’t mess with him. Give him a slap on the wrist. Sergeant Chung made Sergeant within six years of joining the police department. He joined in 2013. There’s questions as to how someone rose that fast, but there are many, many issues here that deal with broader, not just cultural problems, in the department, but what the federal judge overseeing OPD’s consent decree called “rot” in his remarks a couple of weeks ago.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Do you think that there’s just too much attention being given to just Chief Armstrong as sort of the main character in this new story about OPD?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Yes, I do. It’s unfortunate. It’s quite typical because the shiny dime kind of leads the news. What actually happened, the true incident at question here and the real problems are at a level below the chief. And in some ways, police chiefs are actually – this is going to sound funny, but they’re not really that important in some respects because they come and go within five years at the longest. And a lot of them kind of are keepers of the flame. They don’t really change much around their subject to political shifts as well. Mayors like to bring in their own chiefs, their own people. But what really happens, kind of [at] the captain- and deputy chief- and lieutenant-level is really more important for the day-to-day functions of the department. So, I do think that as time goes on and more information comes out about the incidents at the heart of this, the narrative will start to shift. But right now, there is way too much attention being focused on kind of the top-line issue.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>One thing you’re also sort of alluding to is the idea that some of these problems are problems that should have ideally been fixed as a result of federal oversight, right, which has been going on for decades? And that is supposed to lead to reform and changes within the police department. So, has anything actually improved within the department?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Yes, the Oakland Police Department is not the same police department it was in the 2000s. The police department no longer shoots 12 to 14 people a year. That was the case when I first started covering Oakland in 2008. Now, because of a huge modification in the chase policy, as a result, now we’re down to maybe one to four, which is still too many. But that in and of itself is a massive change. The department also engaged and overhauled its policy of strip-searching people in public. At one point that was very common. They’d engage in cavity searches in public streets of people for narcotics. The department also engaged in a massive study of racial profiling efforts. They studied the traffic stops and the walking stops that the Oakland Police Department engaged in. And in conjunction with Jennifer Eberhardt, a professor at Stanford, [they] were able to discern a pattern of vastly overpolicing African-Americans. And they’ve tried to readjust, readdress that racial balance. So, there have been big changes in the Oakland Police Department’s policies in their composition. The problem with the internal affairs process is that in the city’s eagerness to get out from under the consent decree, in the city’s desire to kind of clear the decks, they treat it as a box to be checked and something to be dealt with and filed away rather than lasting reforms that are meant to reshape the institution and reshape the way that policing is done in Oakland. I think that LeRonne Armstrong may have fallen into the same trap. I know that when he assumes his role as the head of the police department, he basically said, we’re going to get this consent decree done and we’re going to do away with it, and we need to make certain that nothing goes wrong. But again, we have to wait for the full shape of the alleged incident and the way in which it was disposed of to come to light.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Where do things stand right now for the police chief, and how has he responded to being put on leave?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Well, LeRonne Armstrong hired a high profile PR consultant named Sam Singer, who’s worked for some of the more colorful characters in the Bay Area when they come under fire, including Chevron. And they’ve gone on the offensive.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Cable news anchor: \u003c/strong>Now at eight, embattled Oakland Police Chief LeRonne Armstrong continues to push for his reinstatement.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>And mounted a number of press conferences.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Unknown: \u003c/strong>LeRonne is a man of integrity. He is a man of honesty, of commitment, and most of all.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>To put pressure on Mayor Sheng Thao to reinstate LeRonne Armstrong as police chief and blames Robert Warshaw, the current federal monitor of OPD.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Unknown: \u003c/strong>I’m from West Oakland. I won’t pick a fight, but I ain’t running from none. I’m not running from none.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>There have also been a number of really nasty racial tensions that have evolved from this, especially if you look at some of the message boards and the comments that have been made on social media about his suspension. There are tensions growing now between some elements of the African-American and the Asian community in Oakland. So, that’s where we stand. Right now, he’s still on administrative leave. Darren Allison, the assistant police chief, is now in temporary charge of the police department. And it remains to be seen what the federal court will do with regard to LeRonne Armstrong’s position, because in the end, they have the ability to determine whether or not he should or should not be in charge of the Oakland Police Department.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, if you could shake someone’s shoulders and tell them what this story is really about, what would you say?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>It’s about police culture and the kind of reactionary nature of it. You know, the inability of that culture to change itself from the inside. And frankly, one thing that my colleague and I, in our book, really – one of our bigger conclusions is that change and reform for police departments only comes with relentless outside pressure. Be that through protest movements, court monitors, independent oversight bodies, politicians who actually pay attention to what’s happening in the city rather than going along with what a lobbying group wants or what a particular institution wants. That’s really where change comes from. This is a problem generations of Oaklanders have been dealing with for a long time. It’s grave, and I want to reemphasize that these seemingly episodic problems, they have a much longer tale and they echo out.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Oakland city officials say there are still more details of the investigation that have not been made public, including confidential interviews with OPD officers. Meanwhile, yesterday, Armstrong and his supporters held another public event, this time outside OPD headquarters to demand that he get his job back. That was Ali Winston, an independent journalist and coauthor of “The Riders Come Out at Night,” which was co-written by him and Darwin BondGraham of the Oaklandside. This 45-minute conversation with Ali was cut down and edited by senior editor Alan Montecillo. Producer Maria Esquinca scored this one and added all the tape. And our intern is Jehlen Herdman. And that’s it for The Bay. I’m Ericka Cruz Guevarra. Thank you so much for listening. Talk to you next time.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp style=\"font-weight: 400\">\n\u003c/p>\n","blocks":[],"excerpt":"Today, we revisit a conversation with Ali Winston about the events that led to Armstrong’s downfall, and why OPD’s challenges run far deeper than who the chief is.","status":"publish","parent":0,"modified":1700689179,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":2945},"headData":{"title":"‘All That’s Old is New Again’: OPD’s Long Road to Reform | KQED","description":"Today, we revisit a conversation with Ali Winston about the events that led to Armstrong’s downfall, and why OPD’s challenges run far deeper than who the chief is.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"‘All That’s Old is New Again’: OPD’s Long Road to Reform","datePublished":"2023-08-21T10:00:29.000Z","dateModified":"2023-11-22T21:39:39.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC7285576043.mp3?updated=1692394458","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11958563/all-thats-old-is-new-again-opds-long-road-to-reform","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"#episode-transcript\">\u003ci>\u003cspan style=\"font-weight: 400\">View the full episode transcript.\u003c/span>\u003c/i>\u003c/a>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Oakland is looking for a new police chief after Mayor Sheng Thao fired LeRonne Armstrong back in mid-February. Whoever takes the job next will inherit a department that has been under federal oversight for 20 years. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Today, we revisit a conversation with Ali Winston about the events that led to Armstrong’s downfall, and why OPD’s challenges run far deeper than who the chief is.\u003c/span>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This episode originally published on Feb. 8, 2023.\u003c/span>\u003c/i>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC7285576043&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra, and welcome to The Bay. Local news to keep you rooted. No other law enforcement agency has been undergoing the process of police reform longer than the Oakland Police Department. For the last two decades, OPD has been trying to get in line with a consent decree, a binding set of reforms laid out by the federal government. But officials say a new scandal that’s led its police chief, LeRonne Armstrong, to be put on administrative leave is a sign that OPD still has a long way to go.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>In the city’s desire to kind of clear the decks and get out from under the court oversight, they treat it as a box to be checked rather than lasting reforms that are meant to reshape the way that policing is done in Oakland.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Whether or not Chief Armstrong will keep his job is still up in the air after investigators say he failed to hold officers accountable for misconduct. Today: what this latest scandal reveals about what’s changed, what remains the same at the Oakland Police Department.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>What was your initial reaction when you heard the news that Chief LeRonne Armstrong has been placed on administrative leave?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>All that’s old is new again.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Ali Winston is an independent journalist and coauthor of The Riders Come Out at Night, a book about corruption and brutality within the Oakland Police Department and its two-decades-long attempt at police reform.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>This is not a new situation, and sadly, it’s the kind of feature of the Oakland Police Department’s 20-year saga to come into compliance with modern practices of policing. They’ve been under a consent decree, a binding reform program, since the year 2003 as a result of an egregious civil rights scandal and abuses by a group of officers known as the “Riders.”\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>What prompted Chief LeRonne Armstrong to be put on leave last month?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Exactly two years ago, roughly a sergeant named Michael Chung was driving in an OPD takeover vehicle, a police issued car in the parking garage of his luxury high-rise apartment building in downtown Oakland. His passenger was a another Oakland cop, I believe, his partner or girlfriend at the time. Sergeant Chung clipped another car while in the parking garage. We don’t know why he did not report this accident. And the Oakland Police Department learned about it only when the department received an insurance claim from the driver of the damaged vehicle. So, the Internal Affairs Division opened up a case to look into the accident and the lack of reporting, which is a matter that could rise to the level of discipline. And during the course of this investigation, the officer assigned to the case found that Sergeant Chung had left the scene of a crime, had not reported the accident, and had engaged in a relationship with a subordinate officer and had not reported it. Sergeant Chung was found to have committed these incidents of misconduct by the investigator who then presented his findings to the Captain of Internal Affairs. Wilson Lau. And Captain Lau overruled the investigator’s findings and reduced discipline down from potential termination to instructions which are basically a talking to by a superior officer. And he removed the partner, the female officer, from being a subject of the investigation, who also didn’t report the crime, to being a witness. Sergeant Chung is a very popular individual in the police department. He’s the current head of the Oakland Asian Police Officers Association. And the captain in this incident Wilson Lau was his immediate, past predecessor as president of the Asian POA.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, there’s this hit and run that Sergeant Chung does not report – what happened after that?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>This case made its way up to Chief Armstrong’s desk, and he signed off on the final discipline, the verbal instructions in the file. There was the discrepancy between the initial recommendation and Captain Lau’s justification of the downgrade of discipline. This went unnoticed for about a year – until Sergeant Chung is riding in a freight elevator in OPD, I want to say in early 2022. He’s in headquarters and for whatever reason, fires a round from a service-issue pistol which creates a strike mark in the elevator. He doesn’t report this. He picks up his casing – the brass casing that ejects from the pistol – takes it with him, and on his way back from San Francisco while he’s driving, he rolls down his window and tosses it off the Bay Bridge. Another cop notices the strike mark in the elevator, reports it, and there’s a very serious investigation to find out what exactly happened in this elevator. Somebody fired a round in police headquarters and didn’t report it. Couple weeks go by and Sergeant Chung eventually comes forward and says, Hey, it was me. I did this.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>After Michael Chung came forward, he was placed on administrative leave. But word about these incidents got back to the Federal Monitor, Robert Warshaw. He’s the court-appointed official who oversees Oakland’s police reforms. And Warshaw decided that OPD wasn’t capable of handling this investigation into Michael Chung. So, the city hired an outside law firm to do its own report, and on January 18, Judge William Orrick ordered that report to be made public. This is the moment when Oakland’s new mayor, Sheng Thao and the city administrator decided to place Chief LeRonne Armstrong on administrative leave. Where does the chief sort of fit into this? What exactly is he accused of?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Chief Armstrong is on leave because he signed off on Mike Chung’s reduction of discipline in the vehicular accident without properly reviewing the report and noticing the disparity in discipline. So, as the chief of the Oakland Police Department, one of his main responsibilities is ensuring that the Oakland Police Department is in compliance with the reforms of the consent decree. And by failing to review and discern the issue in that case, the offense is on its own, not reporting the accident. The fact that he did not notice that disposition and that he signed off on Captain Wilson Lau’s decision to reduce that – that was, in a way, a dereliction of duty. The second incident, the discharging a firearm in police headquarters: that posed an immediate threat to someone’s life, and unfortunately, you know, the current back-and-forth over the police chief should be reinstated [or] he shouldn’t be reinstated. Well, the bottom line is that the failing happened at a level kind of below him. He failed to do his job and make certain that that failure didn’t happen. And the real issue here is that the same problems – the same type of problem keeps repeating itself in OPD every two, three, five years. Failing to ensure the integrity of the internal affairs process in the Oakland Police Department is the reason for the departure of LeRonne Armstrong’s immediate predecessors, Anne Kirkpatrick and Sean Whent. If we go back, it’s also the grounds for the dismissal of Howard Jordan, who is the last police chief with a significant term before Whent in, I believe, 2013. There are even some periods where there have been two or three police chiefs in a week just because of the sheer amount of tumult in the Oakland Police Department as a result of several past scandals. You know, history will come back to bite you.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I feel like Chief Armstrong has sort of become the principle person, as you’ve just been talking about, who’s really taken center stage in this scandal. But it seems like the problem is, in fact, deeper than him. So, what are the issues within OPD that this latest scandal has revealed?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>There are many issues that come up here. Consistency of discipline and the integrity of the internal affairs investigation is critical and at the center of all this. But there are bigger issues with the quality of people who OPD have brought in, their screening process for recruits, how they determine who should be promoted to a supervisory position or not, and then potentially whether or not there is outside influence in terms of Sergeant Chung being in his position. And if there was interference with – like, hey, look, this guy is…he’s our boy, don’t mess with him. Give him a slap on the wrist. Sergeant Chung made Sergeant within six years of joining the police department. He joined in 2013. There’s questions as to how someone rose that fast, but there are many, many issues here that deal with broader, not just cultural problems, in the department, but what the federal judge overseeing OPD’s consent decree called “rot” in his remarks a couple of weeks ago.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Do you think that there’s just too much attention being given to just Chief Armstrong as sort of the main character in this new story about OPD?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Yes, I do. It’s unfortunate. It’s quite typical because the shiny dime kind of leads the news. What actually happened, the true incident at question here and the real problems are at a level below the chief. And in some ways, police chiefs are actually – this is going to sound funny, but they’re not really that important in some respects because they come and go within five years at the longest. And a lot of them kind of are keepers of the flame. They don’t really change much around their subject to political shifts as well. Mayors like to bring in their own chiefs, their own people. But what really happens, kind of [at] the captain- and deputy chief- and lieutenant-level is really more important for the day-to-day functions of the department. So, I do think that as time goes on and more information comes out about the incidents at the heart of this, the narrative will start to shift. But right now, there is way too much attention being focused on kind of the top-line issue.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>One thing you’re also sort of alluding to is the idea that some of these problems are problems that should have ideally been fixed as a result of federal oversight, right, which has been going on for decades? And that is supposed to lead to reform and changes within the police department. So, has anything actually improved within the department?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Yes, the Oakland Police Department is not the same police department it was in the 2000s. The police department no longer shoots 12 to 14 people a year. That was the case when I first started covering Oakland in 2008. Now, because of a huge modification in the chase policy, as a result, now we’re down to maybe one to four, which is still too many. But that in and of itself is a massive change. The department also engaged and overhauled its policy of strip-searching people in public. At one point that was very common. They’d engage in cavity searches in public streets of people for narcotics. The department also engaged in a massive study of racial profiling efforts. They studied the traffic stops and the walking stops that the Oakland Police Department engaged in. And in conjunction with Jennifer Eberhardt, a professor at Stanford, [they] were able to discern a pattern of vastly overpolicing African-Americans. And they’ve tried to readjust, readdress that racial balance. So, there have been big changes in the Oakland Police Department’s policies in their composition. The problem with the internal affairs process is that in the city’s eagerness to get out from under the consent decree, in the city’s desire to kind of clear the decks, they treat it as a box to be checked and something to be dealt with and filed away rather than lasting reforms that are meant to reshape the institution and reshape the way that policing is done in Oakland. I think that LeRonne Armstrong may have fallen into the same trap. I know that when he assumes his role as the head of the police department, he basically said, we’re going to get this consent decree done and we’re going to do away with it, and we need to make certain that nothing goes wrong. But again, we have to wait for the full shape of the alleged incident and the way in which it was disposed of to come to light.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Where do things stand right now for the police chief, and how has he responded to being put on leave?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>Well, LeRonne Armstrong hired a high profile PR consultant named Sam Singer, who’s worked for some of the more colorful characters in the Bay Area when they come under fire, including Chevron. And they’ve gone on the offensive.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Cable news anchor: \u003c/strong>Now at eight, embattled Oakland Police Chief LeRonne Armstrong continues to push for his reinstatement.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>And mounted a number of press conferences.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Unknown: \u003c/strong>LeRonne is a man of integrity. He is a man of honesty, of commitment, and most of all.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>To put pressure on Mayor Sheng Thao to reinstate LeRonne Armstrong as police chief and blames Robert Warshaw, the current federal monitor of OPD.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Unknown: \u003c/strong>I’m from West Oakland. I won’t pick a fight, but I ain’t running from none. I’m not running from none.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>There have also been a number of really nasty racial tensions that have evolved from this, especially if you look at some of the message boards and the comments that have been made on social media about his suspension. There are tensions growing now between some elements of the African-American and the Asian community in Oakland. So, that’s where we stand. Right now, he’s still on administrative leave. Darren Allison, the assistant police chief, is now in temporary charge of the police department. And it remains to be seen what the federal court will do with regard to LeRonne Armstrong’s position, because in the end, they have the ability to determine whether or not he should or should not be in charge of the Oakland Police Department.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, if you could shake someone’s shoulders and tell them what this story is really about, what would you say?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ali Winston: \u003c/strong>It’s about police culture and the kind of reactionary nature of it. You know, the inability of that culture to change itself from the inside. And frankly, one thing that my colleague and I, in our book, really – one of our bigger conclusions is that change and reform for police departments only comes with relentless outside pressure. Be that through protest movements, court monitors, independent oversight bodies, politicians who actually pay attention to what’s happening in the city rather than going along with what a lobbying group wants or what a particular institution wants. That’s really where change comes from. This is a problem generations of Oaklanders have been dealing with for a long time. It’s grave, and I want to reemphasize that these seemingly episodic problems, they have a much longer tale and they echo out.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Oakland city officials say there are still more details of the investigation that have not been made public, including confidential interviews with OPD officers. Meanwhile, yesterday, Armstrong and his supporters held another public event, this time outside OPD headquarters to demand that he get his job back. That was Ali Winston, an independent journalist and coauthor of “The Riders Come Out at Night,” which was co-written by him and Darwin BondGraham of the Oaklandside. This 45-minute conversation with Ali was cut down and edited by senior editor Alan Montecillo. Producer Maria Esquinca scored this one and added all the tape. And our intern is Jehlen Herdman. And that’s it for The Bay. I’m Ericka Cruz Guevarra. Thank you so much for listening. Talk to you next time.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"font-weight: 400\">\n\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11958563/all-thats-old-is-new-again-opds-long-road-to-reform","authors":["8654","11802","11649"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_18","news_116","news_22598"],"featImg":"news_11716436","label":"source_news_11958563"},"news_11946773":{"type":"posts","id":"news_11946773","meta":{"index":"posts_1591205157","site":"news","id":"11946773","score":null,"sort":[1681725651000]},"guestAuthors":[],"slug":"the-antioch-police-departments-racist-text-messages","title":"The Antioch Police Department's Racist Text Messages","publishDate":1681725651,"format":"audio","headTitle":"The Antioch Police Department’s Racist Text Messages | KQED","labelTerm":{},"content":"\u003cp>\u003ci>This episode contains explicit, racist and offensive language, as well as descriptions of violence.\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For years, police officers in the city of Antioch used racist and homophobic slurs with their colleagues in text messages, and openly bragged about targeting people of color with violence. These messages were released to the public in a Contra Costa County District Attorney report last week. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These racist texts were released as the department is already being investigated by federal authorities, and as a grand jury considers charging officers with fraud, assault under color of authority, bribery, and other charges. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nearly 1 in 5 police officers in Antioch are currently suspended. For longtime advocates of police reform in Antioch, these messages are a painful reminder of how deeply racism is embedded in the culture of their local police department.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://bit.ly/3NXMUms\">\u003cem>Episode transcript\u003c/em>\u003c/a>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/NateGartrell\" target=\"_blank\" rel=\"noopener\">Nate Gartrell,\u003c/a> East Bay Times courts reporter\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC7498104696&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003cp>\u003cstrong>Links: \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.mercurynews.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\" target=\"_blank\" rel=\"noopener\">Exclusive: Inside the Antioch police department’s secret racist texting group\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.mercurynews.com/2023/04/13/new-text-messages-show-antioch-gang-unit-boasted-about-injuring-suspects-kicking-heads-like-a-field-goal/\" target=\"_blank\" rel=\"noopener\">New text messages show Antioch gang unit boasted about injuring suspects, kicking heads like a ‘field goal’\u003c/a>\u003c/li>\n\u003cli>\n\u003cp class=\"article-headline\">\u003ca href=\"https://www.nbcbayarea.com/news/local/read-antioch-police-racist-texts/3205051/\" target=\"_blank\" rel=\"noopener\">District Attorney Investigative Reports Detail Alleged Antioch Police Racist Texts\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003c/div>\n\n","blocks":[],"excerpt":"Antioch police officers shared racist, explicit text messages and reveled in targeting people of color with violence.","status":"publish","parent":0,"modified":1700682694,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":9,"wordCount":192},"headData":{"title":"The Antioch Police Department's Racist Text Messages | KQED","description":"Antioch police officers shared racist, explicit text messages and reveled in targeting people of color with violence.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"The Antioch Police Department's Racist Text Messages","datePublished":"2023-04-17T10:00:51.000Z","dateModified":"2023-11-22T19:51:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/A511B8/traffic.megaphone.fm/KQINC7498104696.mp3?updated=1681591984","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11946773/the-antioch-police-departments-racist-text-messages","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ci>This episode contains explicit, racist and offensive language, as well as descriptions of violence.\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For years, police officers in the city of Antioch used racist and homophobic slurs with their colleagues in text messages, and openly bragged about targeting people of color with violence. These messages were released to the public in a Contra Costa County District Attorney report last week. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These racist texts were released as the department is already being investigated by federal authorities, and as a grand jury considers charging officers with fraud, assault under color of authority, bribery, and other charges. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nearly 1 in 5 police officers in Antioch are currently suspended. For longtime advocates of police reform in Antioch, these messages are a painful reminder of how deeply racism is embedded in the culture of their local police department.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://bit.ly/3NXMUms\">\u003cem>Episode transcript\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/NateGartrell\" target=\"_blank\" rel=\"noopener\">Nate Gartrell,\u003c/a> East Bay Times courts reporter\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC7498104696&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003cp>\u003cstrong>Links: \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.mercurynews.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\" target=\"_blank\" rel=\"noopener\">Exclusive: Inside the Antioch police department’s secret racist texting group\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.mercurynews.com/2023/04/13/new-text-messages-show-antioch-gang-unit-boasted-about-injuring-suspects-kicking-heads-like-a-field-goal/\" target=\"_blank\" rel=\"noopener\">New text messages show Antioch gang unit boasted about injuring suspects, kicking heads like a ‘field goal’\u003c/a>\u003c/li>\n\u003cli>\n\u003cp class=\"article-headline\">\u003ca href=\"https://www.nbcbayarea.com/news/local/read-antioch-police-racist-texts/3205051/\" target=\"_blank\" rel=\"noopener\">District Attorney Investigative Reports Detail Alleged Antioch Police Racist Texts\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11946773/the-antioch-police-departments-racist-text-messages","authors":["11649","11635","11802"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_19122","news_116","news_19216","news_22598"],"featImg":"news_11792384","label":"source_news_11946773"},"news_11931901":{"type":"posts","id":"news_11931901","meta":{"index":"posts_1591205157","site":"news","id":"11931901","score":null,"sort":[1668120887000]},"guestAuthors":[],"slug":"californias-bid-to-police-its-police-over-fatal-shootings-is-lagging","title":"California's Bid to Police Its Police Over Fatal Shootings Is Lagging","publishDate":1668120887,"format":"standard","headTitle":"CALmatters | KQED News","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>They were shot in lengthy standoffs or in seconds. They were shot when they stumbled toward an officer, hid behind a wall or drew a fake gun. They were shot during wellness checks, homicide investigations and traffic stops.\u003c/p>\n\u003cp>In the last 16 months, the California Justice Department \u003ca href=\"https://oag.ca.gov/ois-incidents/current-cases\">opened 25 investigations\u003c/a> of law enforcement officers who shot and killed an unarmed person. This scrutiny was part of a new law that took effect July 1, 2021 — one of California’s answers to the emotional and political upheaval of the 2020 police killing of George Floyd in Minneapolis. Before, investigations of fatal police shootings in California were conducted at the local level; officers were \u003ca href=\"https://calmatters.org/justice/2021/05/police-deadly-force-law/\">rarely charged\u003c/a>.\u003c/p>\n\u003cp>As of November 10, the Justice Department has resolved only one of the state’s 25 opened cases.\u003c/p>\n\u003cp>CalMatters found that the department has struggled to meet the goals set by the new law — including the attorney general’s own pledge to complete investigations in one year. Internal emails indicate that Justice Department employees were worried that the new workload would overwhelm them. Department officials also have complained that the Legislature slashed in half their \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2223/FY2223_ORG0820_BCP4943.pdf\">original $26 million budget request (PDF)\u003c/a> to cover these investigations.\u003c/p>\n\u003cp>In the meantime, some of the officers in at least two shootings have been cleared by their local police review commissions.\u003c/p>\n\u003cp>The cases taken up by the Justice Department range from a man shot while fleeing a traffic stop, to a teenage girl killed in a department store dressing room when a bullet missed its target. Some were killed after they repeatedly charged officers, or menaced them with replica firearms. One man was holding a broom handle; another had his hands in his pockets. Several held nothing at all.[pullquote align=\"right\" size=\"medium\" citation=\"Rob Bonta, attorney general\"]'We got the funding that we got, and we're going to make it work. We have no choice. We have to find a way.'[/pullquote]CalMatters is launching a review of those fatal encounters, with descriptions of the shootings and the case status. Where available, the project will post relevant records and coroner reports, follow lawsuits involving the shootings and update with the Justice Department’s decisions.\u003c/p>\n\u003cp>Attorney General Rob Bonta has \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-releases-full-guidance-package-ab-1506-implementation\">vowed the new law will provide “impartial, fair investigations”\u003c/a> and independent reviews of officer-involved shootings. The department will be deciding, among other elements, whether to charge the officers criminally.\u003c/p>\n\u003cp>On November 3, the Justice Department announced the resolution of its first case. That investigation was launched on July 15, 2021, when a 48-year-old man was shot in Hollywood waving a lighter fashioned with a pistol grip. The department found it had \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/2022.11_SovaMatthew_AB1506_Report.pdf\">insufficient evidence to file criminal charges (PDF)\u003c/a> against the two Los Angeles Police officers involved in the shooting. Neither officer agreed to be interviewed by the Justice Department, the state’s report showed.\u003c/p>\n\u003cp>“Man, why?” asked one of the officers, heard on body camera audio moments after he shot the man.[aside label='Related Articles' tag='police-records']Bonta acknowledged that the investigations have taken longer than expected, and that the goal “has always been [to] get it done within a year, year or less.”\u003c/p>\n\u003cp>The first investigation — which lasted more than 15 months — will likely be the department’s longest, he said, adding that future cases should be resolved more quickly.\u003c/p>\n\u003cp>Since the Legislature halved its funding request, Bonta said, the state has to wait for local agencies to report their own fatal encounters — possibly sacrificing some of the department’s perceived independence in the eyes of the public.\u003c/p>\n\u003cp>Bonta said the budget reduction also prevented the purchase of a mobile forensic lab; reduced the department’s statewide shooting investigation teams from three to two; and, in at least once instance, resulted in a \u003ca href=\"https://calmatters.org/justice/2022/07/california-police-accountability-laws/\">shortage of state agents\u003c/a> to collect evidence and canvass a busy scene on Hollywood Boulevard.\u003c/p>\n\u003cp>“We got the funding that we got, and we’re going to make it work,” the attorney general said. “We have no choice. We have to find a way.\u003c/p>\n\u003cp>“Will we do it as fast as we want? No. Will we do it as well as we could if we had the full funding? We’ll always find a way.”\u003c/p>\n\u003cp>Democratic Assemblymember Kevin McCarty of Sacramento, who sponsored the bill that became law, has argued that the department has ample funding to get the job done.\u003c/p>\n\u003cp>“The idea was, they’ll get through the first year and then we’ll have a discussion this year as far as what adequate staffing looks like,” McCarty said. “It’ll certainly be a conversation in this upcoming budget year.”\u003c/p>\n\u003cp>The rules around a police officer’s right to use deadly force changed in 2019. Previously, an officer could be justified in shooting someone if doing so was deemed “reasonable.” The law \u003ca href=\"https://calmatters.org/explainers/california-police-shootings-deadly-force-new-law-explained/\">changed that standard\u003c/a> to say shootings are allowed “only when necessary in defense of human life.”\u003c/p>\n\u003cp>Since 2016, state law enforcement officers shot and killed an average of 140 people annually. Of those shootings, about 40 were not armed with guns at the time of their deaths.\u003c/p>\n\u003cp>Protests in the summer of 2020 focused on district attorneys in Los Angeles and Alameda counties who had never prosecuted police officers who had killed unarmed people. That tension helped spawn the new law, which added a layer of accountability at the state level. But the attorney general’s selection of cases has not been without controversy.[pullquote align=\"right\" size=\"medium\" citation=\"Kevin McCarty, Assembly member\"]'The idea was, they’ll get through the first year and then we’ll have a discussion this year as far as what adequate staffing looks like ... It’ll certainly be a conversation in this upcoming budget year.'[/pullquote]As of November 1, the department has had 56 cases referred by local law enforcement and conducted 40 on-scene investigations. In a September 7 letter to Bonta, Sonoma County District Attorney Jill Ravitch criticized the state for \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/09-07-2022-Letter-to-Attorney-General-re-OIS-.pdf\">turning down a potential investigation (PDF)\u003c/a> — the sheriff’s office found that a deputy had shot a man holding gardening tools.\u003c/p>\n\u003cp>McCarty said he wants to remove the Justice Department’s discretion by bringing new legislation in January that would compel the state to review all civilian deaths caused by police officers, not just the shooting deaths. The state’s caseload also would be expanded to include people who were armed when they were killed by police, McCarty said.\u003c/p>\n\u003cp>“Any death at the hands of law enforcement would have a thorough, independent, transparent investigation,” he said.\u003c/p>\n\u003cp>Among the 25 cases accepted for state review, similarities emerge, CalMatters found. In at least four instances, the people shot were carrying Airsoft pistols or rifles. These realistic-looking replica guns, used in a sport also called Airsoft, fire low-speed plastic projectiles and are not considered deadly weapons by the Justice Department. By contrast, BB guns and other forms of pellet guns are on \u003ca href=\"https://www.oag.ca.gov/system/files/media/2022-dle-01.pdf\">the deadly weapons list (PDF)\u003c/a>.\u003c/p>\n\u003cp>Documents and body cam footage show that officers sometimes warned the people they were about to shoot, or offered them mental health assistance.\u003c/p>\n\u003cp>“Don’t do this,” one Riverside County Sheriff’s deputy repeatedly told a suspect.\u003c/p>\n\u003cp>“We don’t want to hurt you,” said a San Francisco police officer to a man holding a knife under a bridge, alongside an unarmed man. Both were killed by police.\u003c/p>\n\u003cp>In some cases, officers fired within seconds of arriving on the scene. Sometimes, their colleagues can be heard on body camera footage telling them to slow down, \"hold up,\" or \"wait.\"\u003c/p>\n\u003cp>Some families are not waiting for the Justice Department to issue its findings. They have filed lawsuits.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"In the aftermath of George Floyd's death in Minnesota at police hands, California stepped up with a plan to put the state in charge of investigating police shootings of unarmed people. But so far, the Justice Department is struggling to keep up.","status":"publish","parent":0,"modified":1668120887,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1348},"headData":{"title":"California's Bid to Police Its Police Over Fatal Shootings Is Lagging | KQED","description":"In the aftermath of George Floyd's death in Minnesota at police hands, California stepped up with a plan to put the state in charge of investigating police shootings of unarmed people. But so far, the Justice Department is struggling to keep up.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California's Bid to Police Its Police Over Fatal Shootings Is Lagging","datePublished":"2022-11-10T22:54:47.000Z","dateModified":"2022-11-10T22:54:47.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11931901 https://ww2.kqed.org/news/?p=11931901","disqusUrl":"https://ww2.kqed.org/news/2022/11/10/californias-bid-to-police-its-police-over-fatal-shootings-is-lagging/","disqusTitle":"California's Bid to Police Its Police Over Fatal Shootings Is Lagging","nprByline":"\u003ca href=\"https://calmatters.org/author/nigelduara/\">Nigel Duara\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11931901/californias-bid-to-police-its-police-over-fatal-shootings-is-lagging","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>They were shot in lengthy standoffs or in seconds. They were shot when they stumbled toward an officer, hid behind a wall or drew a fake gun. They were shot during wellness checks, homicide investigations and traffic stops.\u003c/p>\n\u003cp>In the last 16 months, the California Justice Department \u003ca href=\"https://oag.ca.gov/ois-incidents/current-cases\">opened 25 investigations\u003c/a> of law enforcement officers who shot and killed an unarmed person. This scrutiny was part of a new law that took effect July 1, 2021 — one of California’s answers to the emotional and political upheaval of the 2020 police killing of George Floyd in Minneapolis. Before, investigations of fatal police shootings in California were conducted at the local level; officers were \u003ca href=\"https://calmatters.org/justice/2021/05/police-deadly-force-law/\">rarely charged\u003c/a>.\u003c/p>\n\u003cp>As of November 10, the Justice Department has resolved only one of the state’s 25 opened cases.\u003c/p>\n\u003cp>CalMatters found that the department has struggled to meet the goals set by the new law — including the attorney general’s own pledge to complete investigations in one year. Internal emails indicate that Justice Department employees were worried that the new workload would overwhelm them. Department officials also have complained that the Legislature slashed in half their \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2223/FY2223_ORG0820_BCP4943.pdf\">original $26 million budget request (PDF)\u003c/a> to cover these investigations.\u003c/p>\n\u003cp>In the meantime, some of the officers in at least two shootings have been cleared by their local police review commissions.\u003c/p>\n\u003cp>The cases taken up by the Justice Department range from a man shot while fleeing a traffic stop, to a teenage girl killed in a department store dressing room when a bullet missed its target. Some were killed after they repeatedly charged officers, or menaced them with replica firearms. One man was holding a broom handle; another had his hands in his pockets. Several held nothing at all.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We got the funding that we got, and we're going to make it work. We have no choice. We have to find a way.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Rob Bonta, attorney general","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>CalMatters is launching a review of those fatal encounters, with descriptions of the shootings and the case status. Where available, the project will post relevant records and coroner reports, follow lawsuits involving the shootings and update with the Justice Department’s decisions.\u003c/p>\n\u003cp>Attorney General Rob Bonta has \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-releases-full-guidance-package-ab-1506-implementation\">vowed the new law will provide “impartial, fair investigations”\u003c/a> and independent reviews of officer-involved shootings. The department will be deciding, among other elements, whether to charge the officers criminally.\u003c/p>\n\u003cp>On November 3, the Justice Department announced the resolution of its first case. That investigation was launched on July 15, 2021, when a 48-year-old man was shot in Hollywood waving a lighter fashioned with a pistol grip. The department found it had \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/2022.11_SovaMatthew_AB1506_Report.pdf\">insufficient evidence to file criminal charges (PDF)\u003c/a> against the two Los Angeles Police officers involved in the shooting. Neither officer agreed to be interviewed by the Justice Department, the state’s report showed.\u003c/p>\n\u003cp>“Man, why?” asked one of the officers, heard on body camera audio moments after he shot the man.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Articles ","tag":"police-records"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Bonta acknowledged that the investigations have taken longer than expected, and that the goal “has always been [to] get it done within a year, year or less.”\u003c/p>\n\u003cp>The first investigation — which lasted more than 15 months — will likely be the department’s longest, he said, adding that future cases should be resolved more quickly.\u003c/p>\n\u003cp>Since the Legislature halved its funding request, Bonta said, the state has to wait for local agencies to report their own fatal encounters — possibly sacrificing some of the department’s perceived independence in the eyes of the public.\u003c/p>\n\u003cp>Bonta said the budget reduction also prevented the purchase of a mobile forensic lab; reduced the department’s statewide shooting investigation teams from three to two; and, in at least once instance, resulted in a \u003ca href=\"https://calmatters.org/justice/2022/07/california-police-accountability-laws/\">shortage of state agents\u003c/a> to collect evidence and canvass a busy scene on Hollywood Boulevard.\u003c/p>\n\u003cp>“We got the funding that we got, and we’re going to make it work,” the attorney general said. “We have no choice. We have to find a way.\u003c/p>\n\u003cp>“Will we do it as fast as we want? No. Will we do it as well as we could if we had the full funding? We’ll always find a way.”\u003c/p>\n\u003cp>Democratic Assemblymember Kevin McCarty of Sacramento, who sponsored the bill that became law, has argued that the department has ample funding to get the job done.\u003c/p>\n\u003cp>“The idea was, they’ll get through the first year and then we’ll have a discussion this year as far as what adequate staffing looks like,” McCarty said. “It’ll certainly be a conversation in this upcoming budget year.”\u003c/p>\n\u003cp>The rules around a police officer’s right to use deadly force changed in 2019. Previously, an officer could be justified in shooting someone if doing so was deemed “reasonable.” The law \u003ca href=\"https://calmatters.org/explainers/california-police-shootings-deadly-force-new-law-explained/\">changed that standard\u003c/a> to say shootings are allowed “only when necessary in defense of human life.”\u003c/p>\n\u003cp>Since 2016, state law enforcement officers shot and killed an average of 140 people annually. Of those shootings, about 40 were not armed with guns at the time of their deaths.\u003c/p>\n\u003cp>Protests in the summer of 2020 focused on district attorneys in Los Angeles and Alameda counties who had never prosecuted police officers who had killed unarmed people. That tension helped spawn the new law, which added a layer of accountability at the state level. But the attorney general’s selection of cases has not been without controversy.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The idea was, they’ll get through the first year and then we’ll have a discussion this year as far as what adequate staffing looks like ... It’ll certainly be a conversation in this upcoming budget year.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Kevin McCarty, Assembly member","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>As of November 1, the department has had 56 cases referred by local law enforcement and conducted 40 on-scene investigations. In a September 7 letter to Bonta, Sonoma County District Attorney Jill Ravitch criticized the state for \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/09-07-2022-Letter-to-Attorney-General-re-OIS-.pdf\">turning down a potential investigation (PDF)\u003c/a> — the sheriff’s office found that a deputy had shot a man holding gardening tools.\u003c/p>\n\u003cp>McCarty said he wants to remove the Justice Department’s discretion by bringing new legislation in January that would compel the state to review all civilian deaths caused by police officers, not just the shooting deaths. The state’s caseload also would be expanded to include people who were armed when they were killed by police, McCarty said.\u003c/p>\n\u003cp>“Any death at the hands of law enforcement would have a thorough, independent, transparent investigation,” he said.\u003c/p>\n\u003cp>Among the 25 cases accepted for state review, similarities emerge, CalMatters found. In at least four instances, the people shot were carrying Airsoft pistols or rifles. These realistic-looking replica guns, used in a sport also called Airsoft, fire low-speed plastic projectiles and are not considered deadly weapons by the Justice Department. By contrast, BB guns and other forms of pellet guns are on \u003ca href=\"https://www.oag.ca.gov/system/files/media/2022-dle-01.pdf\">the deadly weapons list (PDF)\u003c/a>.\u003c/p>\n\u003cp>Documents and body cam footage show that officers sometimes warned the people they were about to shoot, or offered them mental health assistance.\u003c/p>\n\u003cp>“Don’t do this,” one Riverside County Sheriff’s deputy repeatedly told a suspect.\u003c/p>\n\u003cp>“We don’t want to hurt you,” said a San Francisco police officer to a man holding a knife under a bridge, alongside an unarmed man. Both were killed by police.\u003c/p>\n\u003cp>In some cases, officers fired within seconds of arriving on the scene. Sometimes, their colleagues can be heard on body camera footage telling them to slow down, \"hold up,\" or \"wait.\"\u003c/p>\n\u003cp>Some families are not waiting for the Justice Department to issue its findings. They have filed lawsuits.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11931901/californias-bid-to-police-its-police-over-fatal-shootings-is-lagging","authors":["byline_news_11931901"],"categories":["news_6188","news_8"],"tags":["news_31970","news_31969","news_31971","news_21891","news_116","news_3674"],"affiliates":["news_18481"],"featImg":"news_11931917","label":"news_18481"},"news_11924889":{"type":"posts","id":"news_11924889","meta":{"index":"posts_1591205157","site":"news","id":"11924889","score":null,"sort":[1662584263000]},"guestAuthors":[],"slug":"alameda-county-sheriffs-deputy-in-custody-after-double-slaying","title":"Alameda County Sheriff's Deputy in Custody After Double Slaying","publishDate":1662584263,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The intense hunt for an Alameda County sheriff’s deputy — the suspect in a bizarre double-slaying in which a husband and wife were shot early Wednesday morning in their home — ended abruptly nearly 12 hours later with a phone call.\u003c/p>\n\u003cp>Devin Williams Jr., a deputy with the Alameda County Sheriff’s Office, called authorities after he fled the shooting and said he wanted to turn himself in, officials said.[pullquote size=\"medium\" align=\"right\" citation=\"Garrett Holmes, Dublin police chief \"]'It's a great loss for our community, and it's even more disheartening to find out that it was one of our own that was the trigger-person behind this tragic incident.'[/pullquote]\u003c/p>\n\u003cp>Police stayed on the phone with him until the off-duty deputy was taken into custody by the California Highway Patrol in a rural area near the Central Valley city of Coalinga, about 160 miles south of the crime scene.\u003c/p>\n\u003cp>Police had earlier launched a manhunt for Williams, 24, and warned he was considered armed and dangerous.\u003c/p>\n\u003cp>“It’s a great loss for our community, and it’s even more disheartening to find out that it was one of our own that was the trigger-person behind this tragic incident,” said Dublin Police Chief Garrett Holmes, who is also a commander in the sheriff’s office.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Authorities said Williams was in a mental health crisis and Holmes personally spent 45 minutes on the phone talking with the deputy to convince him to surrender.\u003c/p>\n\u003cp>Police were called to a home in the East Bay city of Dublin around 12:45 a.m. The 911 caller said an intruder had come into the home brandishing a gun and shot two people before fleeing in a vehicle, Holmes said at a news conference Wednesday morning.\u003c/p>\n\u003cp>Witnesses identified the gunman as Williams.\u003c/p>\n\u003cp>Police said Williams used his service weapon in the shooting and threw it out his car window as he fled. Detectives were still searching for the gun.\u003c/p>\n\u003cp>Both victims, a 42-year-old woman and a 58-year-old man whose names were not immediately released, were pronounced dead at the scene.[aside tag=\"police, justice\" label=\"More Related Stories\"]Williams was hired by the Alameda County sheriff's office last year, after a brief stint with Stockton Police. Officials said he did not pass a field probationary period in Stockton, and was let go by that department.\u003c/p>\n\u003cp>Williams knew the couple, but investigators were still trying “to fine-tune their connection” and determine the motive, according to Alameda County sheriff’s spokesperson Lt. Ray Kelly.\u003c/p>\n\u003cp>The sheriff's department says both victims, a man and a woman, died in the residence. They have one child, whom law enforcement believe was at home at the time of the shooting and was not injured. Also in the home was a male relative of the couple who was visiting.\u003c/p>\n\u003cp>The male relative was unhurt and was talking to detectives about what occurred, Kelly said.\u003c/p>\n\u003cp>\u003cimg class=\"alignnone size-medium wp-image-11924894\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg\" alt=\"Photo of two large badges behind a display window with the words 'loyalty, leadership and integrity'\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>\"This was not a random crime,\" Kelly said. \"This is a very bizarre chain of events that unfolded.\"\u003c/p>\n\u003cp>Kelly said Williams went through “some significant events” in his life in the last few months that led to the killings but did not specify what had happened.\u003c/p>\n\u003cp>“A lot of those events went undiscovered and undisclosed and we’re going to be looking into that. There’s a lot of questions that need to be answered,” he said.\u003c/p>\n\u003cp>Kelly said Williams had been with the sheriff’s office since September 2021 and was still on probation. He had been assigned to the Oakland courthouse and there were no concerns about his job performance.\u003c/p>\n\u003cp>“This is a tragedy. We’re all in shock here,” Kelly said.\u003c/p>\n\u003cp>Wednesday was Williams’ one-year anniversary with the sheriff’s office, and the agency’s investigators were spending it trying to figure out what prompted the violence.\u003c/p>\n\u003cp>“He grew up in a very affluent home, well-loved, graduated from college with honors, was really a remarkable young person. How we got here today, it will be part of our investigation and something we’re looking at,” Kelly said.\u003c/p>\n\u003cp>Williams, who is from Stockton, briefly worked with the Stockton Police Department, where he completed their police academy but was ultimately let go after he failed their field training program, Kelly said.\u003c/p>\n\u003cp>Stockton Police spokesperson Officer Joseph Silva said he could not discuss why Williams left the department because it is a “personnel matter.” He confirmed Williams worked for the Stockton Police Department from January 2020 to January 2021.\u003c/p>\n\u003cp>The Deputy Sheriffs’ Association of Alameda County, the union that represents rank-and-file deputies, did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Dazio reported from Los Angeles. KQED's Alex Emslie contributed to this report. \u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"An Alameda County sheriff's deputy turned himself in to law enforcement hours after he was accused in the slayings of a husband and wife in their home early Wednesday, authorities said.","status":"publish","parent":0,"modified":1662588974,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":827},"headData":{"title":"Alameda County Sheriff's Deputy in Custody After Double Slaying | KQED","description":"An Alameda County sheriff's deputy turned himself in to law enforcement hours after he was accused in the slayings of a husband and wife in their home early Wednesday, authorities said.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Alameda County Sheriff's Deputy in Custody After Double Slaying","datePublished":"2022-09-07T20:57:43.000Z","dateModified":"2022-09-07T22:16:14.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11924889 https://ww2.kqed.org/news/?p=11924889","disqusUrl":"https://ww2.kqed.org/news/2022/09/07/alameda-county-sheriffs-deputy-in-custody-after-double-slaying/","disqusTitle":"Alameda County Sheriff's Deputy in Custody After Double Slaying","nprByline":"Olga R. Rodriguez and Stefanie Dazio\u003cbr>Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11924889/alameda-county-sheriffs-deputy-in-custody-after-double-slaying","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The intense hunt for an Alameda County sheriff’s deputy — the suspect in a bizarre double-slaying in which a husband and wife were shot early Wednesday morning in their home — ended abruptly nearly 12 hours later with a phone call.\u003c/p>\n\u003cp>Devin Williams Jr., a deputy with the Alameda County Sheriff’s Office, called authorities after he fled the shooting and said he wanted to turn himself in, officials said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's a great loss for our community, and it's even more disheartening to find out that it was one of our own that was the trigger-person behind this tragic incident.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Garrett Holmes, Dublin police chief ","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Police stayed on the phone with him until the off-duty deputy was taken into custody by the California Highway Patrol in a rural area near the Central Valley city of Coalinga, about 160 miles south of the crime scene.\u003c/p>\n\u003cp>Police had earlier launched a manhunt for Williams, 24, and warned he was considered armed and dangerous.\u003c/p>\n\u003cp>“It’s a great loss for our community, and it’s even more disheartening to find out that it was one of our own that was the trigger-person behind this tragic incident,” said Dublin Police Chief Garrett Holmes, who is also a commander in the sheriff’s office.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Authorities said Williams was in a mental health crisis and Holmes personally spent 45 minutes on the phone talking with the deputy to convince him to surrender.\u003c/p>\n\u003cp>Police were called to a home in the East Bay city of Dublin around 12:45 a.m. The 911 caller said an intruder had come into the home brandishing a gun and shot two people before fleeing in a vehicle, Holmes said at a news conference Wednesday morning.\u003c/p>\n\u003cp>Witnesses identified the gunman as Williams.\u003c/p>\n\u003cp>Police said Williams used his service weapon in the shooting and threw it out his car window as he fled. Detectives were still searching for the gun.\u003c/p>\n\u003cp>Both victims, a 42-year-old woman and a 58-year-old man whose names were not immediately released, were pronounced dead at the scene.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police, justice","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Williams was hired by the Alameda County sheriff's office last year, after a brief stint with Stockton Police. Officials said he did not pass a field probationary period in Stockton, and was let go by that department.\u003c/p>\n\u003cp>Williams knew the couple, but investigators were still trying “to fine-tune their connection” and determine the motive, according to Alameda County sheriff’s spokesperson Lt. Ray Kelly.\u003c/p>\n\u003cp>The sheriff's department says both victims, a man and a woman, died in the residence. They have one child, whom law enforcement believe was at home at the time of the shooting and was not injured. Also in the home was a male relative of the couple who was visiting.\u003c/p>\n\u003cp>The male relative was unhurt and was talking to detectives about what occurred, Kelly said.\u003c/p>\n\u003cp>\u003cimg class=\"alignnone size-medium wp-image-11924894\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg\" alt=\"Photo of two large badges behind a display window with the words 'loyalty, leadership and integrity'\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>\"This was not a random crime,\" Kelly said. \"This is a very bizarre chain of events that unfolded.\"\u003c/p>\n\u003cp>Kelly said Williams went through “some significant events” in his life in the last few months that led to the killings but did not specify what had happened.\u003c/p>\n\u003cp>“A lot of those events went undiscovered and undisclosed and we’re going to be looking into that. There’s a lot of questions that need to be answered,” he said.\u003c/p>\n\u003cp>Kelly said Williams had been with the sheriff’s office since September 2021 and was still on probation. He had been assigned to the Oakland courthouse and there were no concerns about his job performance.\u003c/p>\n\u003cp>“This is a tragedy. We’re all in shock here,” Kelly said.\u003c/p>\n\u003cp>Wednesday was Williams’ one-year anniversary with the sheriff’s office, and the agency’s investigators were spending it trying to figure out what prompted the violence.\u003c/p>\n\u003cp>“He grew up in a very affluent home, well-loved, graduated from college with honors, was really a remarkable young person. How we got here today, it will be part of our investigation and something we’re looking at,” Kelly said.\u003c/p>\n\u003cp>Williams, who is from Stockton, briefly worked with the Stockton Police Department, where he completed their police academy but was ultimately let go after he failed their field training program, Kelly said.\u003c/p>\n\u003cp>Stockton Police spokesperson Officer Joseph Silva said he could not discuss why Williams left the department because it is a “personnel matter.” He confirmed Williams worked for the Stockton Police Department from January 2020 to January 2021.\u003c/p>\n\u003cp>The Deputy Sheriffs’ Association of Alameda County, the union that represents rank-and-file deputies, did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Dazio reported from Los Angeles. KQED's Alex Emslie contributed to this report. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11924889/alameda-county-sheriffs-deputy-in-custody-after-double-slaying","authors":["byline_news_11924889"],"categories":["news_6188","news_8"],"tags":["news_260","news_31582","news_18906","news_3543","news_31581","news_116","news_31580"],"featImg":"news_11924903","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. 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