CC 20161101 F Prop 57 Public Safety and Rehabilitation Act 2016RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/01/2016
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to take a position regarding Proposition 57 ("Public
Safety and Rehabilitation Act of 2016")
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2016-, thereby opposing Proposition 57.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst[
REVIEWED BY: Gabriella Yap, Deputy City Manager,4
APPROVED BY: Doug Willmore, City Manager,."
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. 2016-, opposing Proposition 57 (page A-1)
B. "NO on 57" fact sheet (page B-1)
C. Text of Proposition 57 (page C-1)
BACKGROUND AND DISCUSSION:
At its recent annual conference, the Board of Directors (Board) of the League of
California Cities (League) voted to oppose Proposition 57. The near -unanimous
decision of the League Board was the result (in no small part) of an impassioned plea
by Rolling Hills Mayor Bea Dieringer, who is also a Deputy District Attorney. On
October 12, 2016, the League contacted Staff and asked the City Council to consider
adopting a resolution opposing Proposition 57 on the upcoming statewide ballot.
Proposition 57 (Attachment C) would amend the State Constitution to allow parole
consideration for persons convicted of non-violent felonies who have served their
minimum sentences and passed screening for public security. It would also change
State law to require that youths have a hearing in juvenile court to determine whether
they should be transferred to adult court, eliminating the ability of prosecutors to make
that determination.
1
The League's greatest concern with Proposition 57 is the change to parole rules for
offenders defined as "non-violent" under current law. Under Proposition 57, many
offenders would be eligible to seek parole after serving the full term of their primary
offense, without factoring in any sentencing enhancements they received in addition to
the base term. Offences that could trigger earlier parole under the measure include:
• Assault with a deadly weapon;
• Throwing acid with the intent to disfigure;
• Rape of an unconscious person;
• Rape accomplished by the use of an intoxicating or controlled substance;
• Discharging a firearm at a motor vehicle; and,
• Discharging a firearm at an unoccupied dwelling; and the furnishing of a weapon
used in a crime.
If Proposition 57 passes, offenders convicted of such crimes would be eligible for parole
at an earlier date. While the Board of Parole Hearings would retain the discretion it has
under current law to weigh for itself an inmate's progress toward meaningful
rehabilitation, and deny parole to any offender, the possibility that this particular
universe of offenders would potentially be released early has fueled concerns among
city officials and the law enforcement community alike. These concerns are
compounded by the public safety impacts of two recent changes affecting sentencing of
offenders, which law enforcement officials allege have contributed to recent increases in
crime: the 2011 prison realignment measure, which shifted many state offenders into
county jails, thereby reducing bed space for local offenders; and Proposition 47 in 2014,
which further re -categorized many serious crimes as misdemeanors.
Rancho Palos Verdes and the Peninsula cities have experienced the demonstrable
effects of both prison realignment and Proposition 47 in the spike in property crimes
over the past few years. It is completely within the realm of possibility that Proposition
57 would increase the trend toward early release of "non-violent" offenders, placing the
City and its residents at greater risk to both non-violent and violent crime. Therefore,
Staff has prepared a draft resolution opposing Proposition 57 (Attachment A) for the
City Council's consideration and possible adoption.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council's consideration:
1. Take no position on Proposition 57.
2
RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES IN OPPOSITION TO
PROPOSITION 57, THE "PUBLIC SAFETY AND
REHABILITATION ACT OF 2016"
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
RESOLVE AS FOLLOWS:
WHEREAS, the City of Rancho Palos Verdes considers it appropriate to oppose
actions or initiatives at local, state and federal levels that could jeopardize the public
safety; and,
WHEREAS, Proposition 57, known as the "Public Safety and Rehabilitation Act of
2016" has qualified for the November 8, 2016 General Election ballot in California; and,
WHEREAS, Proposition 57 is intended to ease over -crowding in prisons,
incentivize rehabilitation and provide leniency to inmates who avail themselves of
meaningful rehabilitation opportunities; and,
WHEREAS, Proposition 57 attempts to establish a more reasoned approach for
our court system in its disposition of juvenile offenders, as well as standardize and
streamline procedures for establishing an offenders' eligibility for parole; and,
WHEREAS, notwithstanding the objectives of Proposition 57, California has
experienced increased and sustained property crime in the aftermath of the 2011 public
safety realignment and the passage of Proposition 47 in 2014, leading to an increasing
number of crimes being treated as misdemeanors, aggravating a pre-existing shortage of
beds in county jails, and resulting in an increasing number of offenders being at liberty on
the streets of California's cities; and,
WHEREAS, according to the Los Angeles Times, violent crime in California rose
in California by 10% in 2015, a figure corroborated by crime statistics maintained by the
California Department of Justice, which indicate that over 15,000 more violent crimes
occurred in California in 2015 than in 2014; and,
WHEREAS, Proposition 57 would potentially lead to early release for offenders
convicted of "non-violent crimes," many of which seem more properly categorized as
violent, including throwing acid with the intent to disfigure, and discharging a firearm from
a motor vehicle, to name a few, and this triggers concerns that offenders who committed
offenses widely regarded as violent will be provided undue leniency; and,
WHEREAS, Proposition 57 could increase the likelihood of parole for persons
convicted of "non-violent" felonies after completing the full term for his or her primary
offense, and by disqualifying earned enhancements; and,
A-1
WHEREAS, the passage of Proposition 57 may result in undetermined but
negative consequences to public safety and well-being for California's cities and residents
alike.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby resolve as follows:
Section 1: The City of Rancho Palos Verdes opposes Proposition 57.
Section 2: The City of Rancho Palos Verdes will join the "NO on 57" coalition.
Section 3: Staff is directed to email a copy of this adopted resolution to Dave
Gilliard of the "NO on 57" campaign at dave gbacampaigns.com
PASSED, APPROVED and ADOPTED this
ATTEST:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verde
IL
St day of November 2016.
Mayor
I, Teresa Tak;Noka, Acting City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 2016-, was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on November 1, 2016.
,4W
City Clerk
Resolution No. 2016 -
Page 2 of 2
A-2
i STOP EARLY RELEASE
� of VIOLENT CRIMINALS
The so-called "Public Safety and Rehabilitation Act" overturns four decades of criminal justice
laws that have lowered crime rates in California. The Proposition allows tens of thousands of
violent, dangerous and career criminals to be released early.
The Proposition:
➢ Allows violent, dangerous and career criminals to be released from prison early, including
those convicted of:
Rape by intoxication
Rape of an unconscious person
Human trafficking involving sex act
with minors
Drive-by shooting
Assault with a deadly weapon
Taking a hostage
Domestic violence involving trauma
Supplying a firearm to a gang member
Lewd acts upon a child
Hate crime causing physical injury
Failing to register as a sex offender
Arson causing great bodily injury
Felon obtaining a firearm
Discharging a firearm on school
grounds
False imprisonment of an elder
partial list
➢ Gives Department of Corrections bureaucrats the Constitutional Authority to reduce
sentences for "good behavior," even for inmates previously convicted of murder, rape,
child molestation and human trafficking.
➢ Disregards sentences imposed by Judges for repeat and career criminals, treating the
worst career criminals the same as first-time offenders.
➢ Overturns key provisions of Marsy's Law, "3 -Strikes and You're Out", Victims' Bill of
Rights, Californians Against Sexual Exploitation Act, and the Gang Violence and Juvenile
Crime Prevention Act — measures enacted by the public that have protected victims and
made communities safer.
As
REMCHO, JOHANSEN & PURCELL, LLP
ATTORNEYS AT LAW
201 DOLORES AVENUE
SAN LEANDRO, CA 94577
PHONE: (510) 346-6200
FAX: (510) 346-6201
EMAIL: mprinzing@rjp.com
WEBSITE: www.rjp.com
SACRAMENTO PHONE: (916) 264-1818
VIA MESSENGER
1 5- 0 1 2 1 AmdL #)
Robin B. Johansen
James C. Harrison
Thomas A. Willis
Karen Getman
Margaret R. Prinzing
Andrew Harris Werbrock
Harry A. Berezin
Juan Carlos Ibarra
Joseph Remcho (1944-2003)
Kathleen J. Purcell (Ret.)
January 25, 2016
Office of the Attorney General JAN 2 6 2016
1300 "I" Street, 17th Floor
Sacramento, CA 95814 INITIATIVE COORDINATOR
ATTORNEY GENERAL'S QFFICF
Attention: Ashley Johansson, Initiative Coordinator
Re: Submission of Amendment to Statewide Initiative Measure —
The Justice and Rehabilitation Act, No. 15-0121
Dear Ms. Johansson:
As you know, I am one of the proponents of the proposed statewide initiative,
"The Justice and Rehabilitation Act," No. 15-0121. I am enclosing the following documents:
• The amended text of "The Justice and Rehabilitation Act," No. 15-0121;
• A red -line version showing the changes made in the amended text; and
• Signed authorizations from each of the proponents for the submission of the
amended text together with their requests that the Attorney General's Office
prepare a circulating title and summary using the amended text.
Please continue to direct all inquiries or correspondence relative to this proposed
initiative as indicated below:
C-1
Ashley Johansson
Initiative Coordinator
Office of the Attorney General
January 25, 2016
Page 2
Smart on Crime
c/o James C. Harrison
Margaret R. Prinzing
Harry A. Berezin
Remcho, Johansen & Purcell, LLP
201 Dolores Avenue
San Leandro, CA 94577
Phone: (510) 346-6200
Fax: (510) 346-6201
Thank you for your time and attention to this matter.
Sincerely,
Margaret R. Pr' zi g
MRP:NL
Enclosures
(00266157)
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January 25, 2016
VIA MESSENGER
Office of the Attorney General
1300 "I" Street, 17th Floor
Sacramento, CA 95814
Attention: Ashley Johansson, Initiative Coordinator
Re: Submission ofAmendment to The Justice and Rehabilitation Act, No. I5-0121, and
Request to Prepare Circulating Title and Summary
Dear Ms. Johansson:
a.
On December 22, 2015, I submitted a proposed statewide initiative titled "The Justice
and Rehabilitation Act," No. 15-0121, and submitted a request that the Attorney General prepare a
circulating title and summary pursuant to section 10(d) of Article II of the California Constitution.
Pursuant to Elections Code section 9002(b), I hereby submit timely amendments to
the title and text of the Initiative. As one of the proponents of the initiative, I approve the
submission of the amended text to the initiative and I declare that the amendment is reasonably
germane to the theme, purpose, or subject of the initiative measure as originally proposed. I request
that the Attorney General prepare a circulating title and summary using the amended language.
Sincerely,
Aargaretr*g
Enclosures
(00266162)
C-3
January 25, 2016
VIA MESSENGER
Office of the Attorney General
1300 "I" Street, 17th Floor
Sacramento, CA 95814
Attention: Ashley Johansson, Initiative Coordinator
Re: Submission ofAmendment to The Justice and Rehabilitation Act, No. 15-0121, and
Request to Prepare Circulating Title and Summary
Dear Ms. Johansson:
On December 22, 2015, I submitted a proposed statewide initiative titled "The Justice
and Rehabilitation Act," No. 15-0121, and submitted a request that the Attorney General prepare a
circulating title and summary pursuant to section 10(d) of Article II of the California Constitution.
Pursuant to Elections Code section 9002(b), I hereby submit timely amendments to
the title and text of the Initiative. As one of the proponents of the initiative, I approve the
submission of the amended text to the initiative and I declare that the amendment is reasonably
germane to the theme, purpose, or subject of the initiative measure as originally proposed. I request
that the Attorney General prepare a circulating title and summary using the amended language.
Sincerely,
Harry Berezin
Enclosures
(00266171)
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Amdt. #1
THE PUBLIC SAFETY AND REHABILITATION ACT OF 2016
SECTION 1. Title.
This measure shall be known and may be cited as "The Public Safety and Rehabilitation Act of
2016."
SEC. 2. Purpose and Intent.
In enacting this Act, it is the purpose and intent of the people of the State of California to:
Protect and enhance public safety.
2. Save money by reducing wasteful spending on prisons.
3. Prevent federal courts from indiscriminately releasing prisoners.
4. Stop the revolving door of crime by emphasizing rehabilitation, especially for juveniles.
Require a judge, not a prosecutor, to decide whether juveniles should be tried in adult
court.
SEC. 3. Section 32 is added to Article I of the California Constitution, to read:
SEC. 32. a) The following provisions are hereby enacted to enhance public safety, improve
rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything
in this article or an o� ther provision of law:
(1) Parole consideration: AU person convicted of a non-violent felony offense and sentenced to
state prison shall be eligible for parole consideration after completing the full term for his or her
primary offense.
(A) For purposes of this section only, the full term for the primary offense means the lop east
term of imprisonment imposed by the court for any offense, excludingthe he imposition of an
enhancement, consecutive sentence, or alternative sentence.
(2) Credit Earning: The Department of Corrections and Rehabilitation shall have authority to
award credits earned for good behavior and approved rehabilitative or educational achievements.
(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of
these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall
certify that these regulations protect and enhance public safetv.
SEC. 4. Judicial Transfer Process.
Sections 602 and 707 of the Welfare and Institutions Code are hereby amended.
Section 602 of the Welfare and Institutions Code is amended to read:
602. (a) Except as provided in s4di isio (b) Section 707, any person who is under 18 years of
age when he or she violates any law of this state or of the United States or any ordinance of any
city or county of this state defining crime other than an ordinance establishing a curfew based
C-5
Amdt. #1
solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to
be a ward of the court.
(b) Any per -son who is alleged, when he or- she was 14 year -s of age or- older-, to have eammitte
one of the following o9anses shall be pr-eseeuted under the genefa4 law in a eouft of er-ifninal
juf.
(1) Murder-, as described in Seetion 187 of the Penal Code, if ene of the eir-eumstane
enumerated in subdivision (a) of Seetion 190.2 of the Penal Code is alleged by the ,
(2) The following sex off -eases, if the pr-oseeuter- alleges tha4 the minor per-sonally eommitted the
offense, and if the prosecutor- a4leges one of the eir-eumstanees ep,�umer-ated in the One Strike law,
subdivision (rd)or- (e) of Seel .,,-, 667.61 of the Penal Code, applies:
Code.(A) Rape, as described in pafagr-aph (2) of subdivision (a) of Seetion 261 of the Peiia4
(B) Spousal r -ape, as described in pafagr-aph (1) of subdivision (a) of Seetion 262 of the Penal
Code.
(G) For-eible sex off-enses in eeneert with another-, as deser-ibed in Seetion 264.1 of the Penal
subdivision (b) of See fi -,,, 288 of the Penal Code,
Code.(E) Forcible sexual penetration, as deser-ibed in siibdivision (a) of Seetion 289 of the Penal
(F) Sodomy or- or -a! eepulation in violation of Seetion 286 E)r- 288a of the Penal Gode, by force,
or ft�� of immediate and unlawfial bodily injur on the vieti
> menace,
another-
(G) Lewd a -ad laseivious aets an a ehild under- 14 years E)f age, as defilled in subdivision (a) o
Seetion 288, up,4ess the defendant qualifies for- probation under- subdivision (d) of Seeti
1203.066 ., f the Dena) Godo
Section 707 of the Welfare and Institutions Code is amended to read:
707. (a)(1) In any case in which a minor is alleged to be a person described in subdivision (a) of
Section 602 by reason of the violation, when he or she was 16 years of age or older, of any
felony criminal statute, ov ori+ +,,, listed i subdivision (�,�� or of an offense listed
in subdivision (b) when he or she was 14 or 15 Years of aae, the District Attornev or other
appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a
court of criminal jurisdiction. upo-a The motion of the po+_+_„ro, must be made prior to the
attachment of jeopardy_ Upon such motion, the juvenile court shall order the probation
officer to investigEAe a submit a report on the behavioral patterns and social history of the
minor_ being eensidered f f a dete .,, mini, of unfitness. The report shall include any written or
oral statement offered by the victim pursuant to Section 656.2.
11
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Amdt. #1
Following submission and consideration of the report, and of any other relevant evidence that
the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor
should be transferred to a court of criminal jurisdiction. In making its decision, the court shall
consider the criteria specified in subparagraphs (A) to (E) below. If the court orders a transfer of
jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes.
In any case in which a hearing has been noticed pursuant to this section, the court shall postpone
the taking of a plea to the petition until the conclusion of the transfer hearing, and nolep a that
may have been entered alreadv shall constitute evidence at the hearine. may find that the minor
s4par-agraphs (A) to (E), inebasive-
(A)(i) The degree of criminal sophistication exhibited by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the minor's age, maturity, intellectual capacity,
and physical, mental, and emotional health at the time of the alleged offense, the minor's
impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of
familial, adult, or peer pressure on the minor's actions, and the effect of the minor's family and
community environment and childhood trauma on the minor's criminal sophistication.
(B)(i) Whether the minor can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the minor's potential to grow and mature.
(C)(i) The minor's previous delinquent history.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the seriousness of the minor's previous
delinquent history and the effect of the minor's family and community environment and
childhood trauma on the minor's previous delinquent behavior.
(D)(i) Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the adequacy of the services previously
provided to address the minor's needs.
(E)(i) The circumstances and gravity of the offense alleged in the petition to have been
committed by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including but not limited to, the actual behavior of the person, the mental
state of the person, the person's degree of involvement in the crime, the level of harm actually
caused by the person, and the person's mental and emotional development.
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Amdt. #1
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(3) if-, pur-suaiit to this subdivision, the minof is fo�d to be not a fit and proper- subje
juvenile eouft treatment and is t-Fied in a eouA of efiminal jufisdiefion afid fe�d guilty by -the
Rehabilitation, Division of Ju-venile > ,
unless 4.11V 1111111.1L1.1V11J speeified in fiofl .
6 apply.
(b) Subdivision (E) (a) shall be applicable in any case in which a minor is alleged to be a person
described in Section 602 by reason of the violation of one of the following offenses when he or
she was 14 or 15 years of age:
(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3) Robbery.
(4) Rape with force, violence, or threat of great bodily harm.
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(3) if-, pur-suaiit to this subdivision, the minof is fo�d to be not a fit and proper- subje
juvenile eouft treatment and is t-Fied in a eouA of efiminal jufisdiefion afid fe�d guilty by -the
Rehabilitation, Division of Ju-venile > ,
unless 4.11V 1111111.1L1.1V11J speeified in fiofl .
6 apply.
(b) Subdivision (E) (a) shall be applicable in any case in which a minor is alleged to be a person
described in Section 602 by reason of the violation of one of the following offenses when he or
she was 14 or 15 years of age:
(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3) Robbery.
(4) Rape with force, violence, or threat of great bodily harm.
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Arndt. #1
(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm..
(8) An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purposes of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) An offense described in Section 1203.09 of the Penal Code.
(17) An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) A felony offense in which the minor personally used a weapon described in any provision
listed in Section 16590 of the Penal Code.
(19) A felony offense described in Section 136.1 or 137 of the Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a
controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(2 1) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which
also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or
forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally
inflicted upon an employee of the juvenile facility during the commission of the escape.
(23) Torture as described in Sections 206 and 206.1 of the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or
deadly weapon.
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Amdt. #1
(26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209
of the Penal Code.
(27) Kidnapping as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(e) With regard to a minor alleged to be a per -son deseribed in See4ion 602 by reason of the
violation, when he or she was 14 years of age or older, of any of the effefises listed i
subdivision (b), "on motion of the petitioner iffiade prior- to the attaelirnent of jeopardy the coi
shall eause the probation offieer to investigate and submit a r-eport on the behavioral pa#effis an
seeial histol:5, of the minor being eonsidered for a determination of unfitfiess. Following
subraission and eensideration of the report, and of any other felevant evidenee that the pefitionef
or the minor may wish to subrait, the rainer sha4l be presumed to be not a fit and proper- subj eet
te be dealt with under the jtwenile eourt la -,w unless the juverdle eotR4 eofteludes, based Upo
evidenee, whieh evidence may be of extenuating or mitigatiffig eireurnstances, that the minor
would be amenable to the eare, treatraetA, and iraining program available t1hreugh the f4eilities of
the jtwenile eetu4 based upon an evaluation of eaeh of the following oriteria speeified iri
ssubparagraph (A) ofparagraphs (1) to icy inelusive'.
(!)(A) The degree of eriminal sophistieation exhibited by the...' -.—
(B) When evaluating the efiterion speeified in subparagraph (A), the j uvenile eotH4
weigl# to any relevant faeter, > eapaoity>
> aiid physieal, men4al, and emotional health at the tiffie of the alleged offense, -the
miner's irapetuosit�, of failure to appreeiate risks and eonsequenees of erimifia4 behavior, the
effeet of familial, a"It, or peer pressure on the minor's aetions, and the eff-eet of the minors
p1,•stie at;,,
(2)(A) Whether the minor ean be rehabilitated prior- to the expiration of the juvenile eoUALS
ndiet' ,
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the eriterion speeified in subparagraph (A), the jiwenile eatirt may givef
btA net limited te, the minor's potei:,Aial to grow a -ad
mature.'
(3)(A) The .,mss previous del;,,.,,,e„t history.
(B) )"en evaluating the oriterion speeified ift subparagraph (A), the jtwenile eetirt may give
weight to a" relevant faetor, obtA not limited to,
the seriousness of the rai
previous delinquent histor:y and the effeet of the minor's family and eonhrnunity enviromaiepA a
ehildhood tfaum a o the minor's previous .lel;nt behavior,
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. 5. 5. Amendment.
This Act shall be broadly construed to accomplish its purposes. The provisions of Section 4 of
this measure may be amended so long as such amendments are consistent with and further the
intent of this Act by a statute that is passed by a majority vote of the members of each house of
the Legislature and signed by the Governor.
SEC. 6. Severability.
If any provision of this measure, or part of this measure, or the application of any provision or
part to any person or circumstances, is for any reason held to be invalid, the remaining
provisions, or applications of provisions, shall not be affected, but shall remain in full force and
effect, and to this end the provisions of this measure are severable.
SEC. 7. Conflicting Initiatives.
(a) In the event that this measure and another measure addressing credits and parole eligibility
for state prisoners or adult court prosecution for juvenile defendants shall appear on the same
statewide ballot, the provisions of the other measure or measures shall be deemed to be in
conflict with this measure. In the event that this measure receives a greater number of
affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure
shall prevail in their entirety, and the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure
approved by voters at the same election, and the conflicting ballot measure is later held invalid,
this measure shall be self-executing and given full force and effect.
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SEC. 8. Proponent Standing.
Notwithstanding any other provision of law, if the State, government agency, or any of its
officials fail to defend the constitutionality of this act, following its approval by the voters, any
other government employer, the proponent, or in their absence, any citizen of this State shall
have the authority to intervene in any court action challenging the constitutionality of this act for
the purpose of defending its constitutionality, whether such action is in any trial court, on appeal,
or on discretionary review by the Supreme Court of California and/or the Supreme Court of the
United States. The reasonable fees and costs of defending the action shall be a charge on funds
appropriated to the Department of Justice, which shall be satisfied promptly.
SEC. 9. Liberal Construction.
This Act shall be liberally construed to effectuate its purposes.
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