THE FIRST HALF OF THE 2009-2010 REGULAR CALIFORNIA
LEGISLATIVE SESSION ENDS------------
SACRAMENTO COUNTY DEPUTY SHERIFFS’ ASSOCIATION
LEGISLATIVE UPDATE
BY JAMES L. FRAYNE, LEGISLATIVE DIRECTOR
SEPTEMBER 12, 2009


The gavel fell on the tempestuous first year of the legislative 2009-2010 regular session late last night; however they convened the third extraordinary legislative session and continued until 6:30 a.m. This is possible since special sessions have no rules for a midnight deadline.

Last year’s legislative session was preoccupied with an unprecedented State fiscal crisis of falling revenues and over spending. The economic crisis in not only affecting California with an unemployment of 11.9% but across our nation and has resulted in loss of revenues to government at all levels. I painfully outline the effects and consequences affecting millions of Californians in the July issue of S.C.O.P.O. news.

The beginning of this year’s session was again preoccupied with a State budget deficit of 42 billion dollar budget.

Every area of government, local, State has been forced to cut budgets resulting not only in layoffs but workers furloughs for employees. In fact, the State has mandated 3 furlough days per month (a 14% pay cut), a sale of some surplus State property, closure of many State parks and a reduction in education. In fact, the severe fiscal crisis in California has resulted in our State Controller issuing State IOU’s for the first time in our history. My last legislative update stated that nothing during this fiscal crisis is sacred, that includes public safety and its officers. This occurred in cuts to some public safety funding but because of our efforts (all law enforcement) we were able to minimize their effects on public safety.

The Governor reduced the Department of Corrections budget by 1.2 billion dollars. The Department of Corrections budget in the last 9 years has grown by 120% from 4.8 billion to 10 billion dollars. He proposes the early release of some 27,000 inmates, (some are illegal aliens, others the old and infirm inmates) together with reducing sentences, alternative parole, sending inmates to local facilities and programs that he hopes will attain the necessary savings. His plan also includes other drastic changes in the correctional system.

Meanwhile, the Federal Court has ruled the violations of inmate’s constitutional rights created by the inadequate medical care and the frightful overcrowding of California prisons. They have ordered the reduction of prison population by 47,000 inmates within two years. They also demanded a State plan to meet this decrease of State prisoners by September 18, 2009. The Governor has appealed to the U.S. Supreme Court for a stay of execution and yesterday, the court denied the stay. California Attorney Jerry Brown previously had filed an action on behalf of California regarding the separation of powers of States and Federal Government.

Meanwhile, the President Pro Tem of the Senate, Darrell Steinberg, (d) Sacramento introduced S.B.18xxx proposing, among other provisions, the releasing of 27,000 prison inmates, changes some felonies to wobblers, creating a state sentencing commission, raising the dollar amount of property crimes, etc., etc.

S.C.O.P.O., joined by our brother and sister organizations in public safety, have strenuously resisted many of the supposed cost saving proposals that we believe would jeopardize “public safety”. Many of the provisions contained in all of these proposals would put our fellow citizens at risk and law enforcement personnel as well.

A critical issue to local government and law enforcement, that is rarely mentioned, is the effect of the blanket release of thousands of these ‘supposed’ low risk, nonviolent offenders to local jurisdiction contain little or “no funding” for local government to protect the public. Few people would argue that additional law enforcement personnel, facilities, equipment, judges, district attorneys, public defenders, court personnel, etc., etc. are necessary to prevent the tide of additional crimes!

The efforts of many law enforcement leaders such as our officers, board members other legislative representatives has resulted in temporary removing some of our major concerns such as the reduction in the number of State prison inmates that are released, the type of prisoner being released, increased oversight of those released by proper risk evaluation of their mental, physical, educational and work skills, parole oversight, the deletion of a sentencing commission, changing wobblers, raising the amount of property crimes to $2,950 for felonies, etc., etc.

I wish to also express my appreciation to several legislators that have steadfastly protected the safety not only of the public, but their concern for law enforcement and local government (in no order of dedication) assembly members: Juan Arambula, (D)-Fresno, Karen Bass, (D) Los Angeles (speaker of the California Assembly), Danny Gilmore (R)-Hanford, Dave Jones, (D)-Sacramento, Fiona Ma, (D) San Francisco (Assembly Majority Whip), Pedro Nava, (D) Santa Barbara, Jim Nielsen, (R)- Biggs, Jim Silva, (R)-Huntington Beach, Sandre Swanson, (D)-Oakland, Alberto Torrico, (D)-Fremont (Majority Floor Leader Assembly) - State Senators: Denise Ducheny, (D)San Diego, Senator Dean Florez, (D)-Shafter (Senate Majority Floor Leader), Tom Harman, (R)- Orange (Senate Republican Whip), Christine Kehoe, (D)-San Diego, Marl Leno, (D)-San Francisco, George Runner, (R)-Antelope Valley, Darrell Steinberg, (D)-Sacramento (President Pro Tem Senate).
Many legislative measures were sent to the Governor’s desk this week for his consideration. I will report their fate in my next legislative update.

The battle has not ended. Even though the regular legislative session has ended, the third extraordinary session may continue until the end of September, plus, the possibility of other special sessions this year. The Speaker of the Assembly and President Pro Tem of the Senate and other legislators will continue to push their respective agendas for prison reform and budget issues.
Likewise, we also will continue our vigilance in protecting the public and its peace officers.
STAY SAFE!!!!!!!!