Senate Standing Committee on Public Safety
- Jesse Arreguin
Legislator
The State Senate Committee on Public Safety will now come to order. Good morning everyone. We do not have a quorum present. Thank you, Vice Chair Sierra to for being present. This is a busy day in the State Capitol where multiple Committee hearings are happening at the same time.
- Jesse Arreguin
Legislator
And just for the purposes of disclosure, I will have to step out at various times to present bills and vote in different committees, but we will make sure we have so many present to chair. So I do expect we will have a quorum very soon.
- Jesse Arreguin
Legislator
But we are beginning today's meeting this morning with a special order of business where we'll take up five bills related to the Senate Wildfire package. And so since this is a special order, business Members with bills that are on the regular file order, we we will get to your bills after we complete the special order of business.
- Jesse Arreguin
Legislator
So respectfully, if you can come back and join us when we complete the special order, we would greatly appreciate it. And with that, we can begin with our Bill presentations. We'll hold a vote on the consent calendar when we are able to establish a quorum.
- Jesse Arreguin
Legislator
So the first item in our special order of business calendar is file item one, Senate Bill 36 by Senator Umberg. Good morning. And I'll turn over to Senator Umberg to present on your Bill.
- Thomas Umberg
Legislator
Well, thank you, Mr. Chair. I think you are going to earn your pay today. I'm pleased to present SB 36, which is jointly authored by Senator Smallwood-Cuevas. First, let me begin by thanking Mr. ... for your help in improving the Bill.
- Thomas Umberg
Legislator
In the wake of the devastating firestorms that swept through Southern California just this past January, reports of price gouging, particularly in the rental housing market, quickly emerged as Angelenos scrambled to find alternative shelter. Opportunistic property owners took advantage of the crisis. At least some of them did, inflating rents and listing prices.
- Thomas Umberg
Legislator
Many of these price gougers exploit a legal loophole by listing properties in neighboring counties like Orange County, my home county where no State of emergency was declared, making it difficult for local authorities to actually curb this abuse list allow property owners to circumvent price gouging laws while still targeting displaced residents.
- Thomas Umberg
Legislator
The listing platforms, the platforms that list rental housing are uniquely positioned to detect and prevent such exploitation given their ability to track pricing patterns, flag suspicious increases, and enforce fair pricing policies. SB36 provides additional protections to consumers and comprehensively curbs rental price gouging during emergency by enhancing civil penalties and enforcement.
- Thomas Umberg
Legislator
By requiring online housing listing platforms that alert local, regional or state law enforcement of price gouging occurring on their platforms and enforce user agreements requiring online housing platforms to create a mechanism for users to report violations.
- Thomas Umberg
Legislator
And by extending price gouging protections to counties within a 50 mile radius of Los Angeles County, this Bill would provide consumers the ability to file actions against price gougers and authorize public prosecutors to obtain warrants for price gouging violations related to housing, lodging and rental violations. With me to testify Here today is Ms. Savina Tekar on behalf of California Consumer Attorneys Association or the Consumer Attorneys of California. Thank you very much, Mr. Chair.
- Saveena Takhar
Person
Good morning, Mr. Chair. Members Saveena Takhar on behalf of the Consumer Attorneys of California and strong support. California communities are facing compounding disasters from wildfires to floods. And in the aftermath, we're seeing vulnerable residents exploited by extreme housing prices. Price gouging. Some families have been charged thousands above standard rent when they're already displaced in a crisis.
- Saveena Takhar
Person
SB36 is a critical response. It strengthens civil penalties, empowers victims to take legal action, and brings online platforms into the fold with reporting requirements and coordination with law enforcement. It also wisely expands protections to surrounding counties where displacement often pushes people.
- Saveena Takhar
Person
These are smart, targeted reforms that close dangerous loopholes and ensure Californians aren't victimized in moments of extreme need. We urge your aye vote on SB36. Thank you.
- Jesse Arreguin
Legislator
Thank you so very much. Are there any other principal witnesses in support of second Senate Bill 36? Are there any other Members of the public here who are in support of Senate Bill 36? Please state your name, affiliation and position for the record.
- Christopher Sanchez
Person
Christopher Sanchez, on behalf of the Consumer Federation of California, in support. Thank you.
- Jesse Arreguin
Legislator
Are there any other witnesses in support of SB36? Okay, thank you. Are there any principal witnesses in opposition to SB36? If so, you can please come forward. You'll have two minutes to address the Committee. Thank you. Good morning.
- Margo George
Person
Margo George, on behalf of the California Public Defenders Association and the part of the Bill that we respectfully take up opposition to, is this extending or expanding the search warrant provision. One, it's the search warrant provision itself. Penal Code Section 1524 has expanded from being fairly succinct, I think, to almost 24 different provisions now.
- Margo George
Person
And this is not needed if in fact a search warrant is required. In this misdemeanor offense. There is a subsection, subsection A, subsection 3, which is sort of a catch all. It covers all public offenses.
- Margo George
Person
But looking at the examples that the Department of Justice gave in which they have already filed charges or the city attorney of Los Angeles has filed charges they seem to be primarily real estate transactions where people had either filled out an application and then went after the fire to get the housing and the price had increased by 3350%.
- Margo George
Person
Something awful. Right. And then the their city attorney has filed civil and criminal charges against Blueground US, which owns and had available approximately 200 properties in Los Angeles and has their own website. And they had apparently raised the rates across the board 10 to 50%.
- Margo George
Person
And housing prices in Los Angeles already were among the highest in the state, as high probably as San Francisco. So we don't feel that the search warrant provision is needed.
- Margo George
Person
A number of our Members lost their homes in the fires a couple of months ago and have actually faced situations where they went to rent housing or acquire different housing and have been faced with the same problems. But we feel that it can be addressed with the rest of your Bill without extending the search warrant provision.
- Margo George
Person
So we respectfully ask that it be amended or opposed unless it is amended. Thank you so much.
- Jesse Arreguin
Legislator
Thank you very much. Are there any other witnesses in opposition to SB36? Please come forward to the microphone if you wish to testify. Okay. Seeing no additional witnesses in opposition, we'll bring it back to the Committee for discussion. And are there any questions or comments from Committee Members? Yes.
- Kelly Seyarto
Legislator
Thank you very much. And I understand why we're trying to address some of the issues with the wildfires, but I have some really big concerns with this approach. Number one, the State of emergency.
- Kelly Seyarto
Legislator
What happens when the State of emergency is over with the landlords and the tenants that they're basically forced to have rent their properties less than what the market is? What happens if they try to address up to the market? Because we're talking about the market, a housing market.
- Kelly Seyarto
Legislator
In our housing market, when it's too expensive here, people move to Denver like my kids. And so Denver's prices are going up too, because it's a reaction to this in our housing crisis in California, basically our housing issues in California.
- Kelly Seyarto
Legislator
So I'm trying to get a grasp on, you know, when you declare a State of emergency, sometimes it's a three month State of emergency, but also there are state emergencies like we had with COVID that went for two years and you're freezing people's ability to manage their prices and their ability to afford their, the homes that they are offering for rent. And so I'm wondering how we're going to control that.
- Thomas Umberg
Legislator
So it just to clarify, it doesn't freeze prices, it simply limits price increases to 10%, number one. And number two, once the State of emergency expires, then the law, the price gouging laws, just as the same with respect to pandemic, are no longer in force.
- Kelly Seyarto
Legislator
And then you can raise your rent the next year is whatever your local agencies say, whatever the market. The other issue I have is the broadness of this. When you're talking about 50 mile radius of the Los Angeles County border, you're talking about San Bernardino county all the way to Arizona, the Arizona border, that's where they go to.
- Kelly Seyarto
Legislator
You're talking about Kern, county, the vastness of Kern, county, those properties out there, Riverside County, my area, we're not seeing the effects of this. Our prices were already kind of high and they're above market.
- Kelly Seyarto
Legislator
So I think this is like way too broad in trying to capture what's happening specifically with those specific areas in La Altadena and Pacific Palisades. And I don't know that this disruption in the market is warranted for places that are in Blythe.
- Kelly Seyarto
Legislator
It's a long ways away and Blythe has its own issues with being able, with not affordability but supply essentially. That's, you know, where people would be able to move to. They don't have a lot of building out there and growth. So there's just, it's just a little broad for me.
- Kelly Seyarto
Legislator
And sometimes I feel like we overreact to things when we have an emergency and that overreaction sometimes does more harm than good. If we're going to only have a three month State of emergency, then not a whole lot's going to happen in that three months.
- Kelly Seyarto
Legislator
And at the end of the day, especially when it comes to housing, consumers make a decision whether they want to allow somebody to do that to them or not. And if an FM say I'm not going to do that like my kids did, well then they're off.
- Kelly Seyarto
Legislator
They go to where they want to do business and that person has to find somebody else and that will bring prices back down if enough of that happens. But in this case, there's a lot of people with a lot of money who are willing to pay $30,000 for rent instead of 15,000.
- Kelly Seyarto
Legislator
I don't even know why we're having a conversation about that because those people are up in the stratosphere somewhere as far as being able to afford housing. So anyway, I just, I think this might be one of those things that we're trying to do a little too much and it's going to cause more harm than good.
- Jesse Arreguin
Legislator
Okay, thank you. My recommendation is an aye. Senator Umberg, would you like to close.
- Thomas Umberg
Legislator
Thank you. Just to respond to Senator Dallarto, your point is well taken. About the breadth of the Bill originally, as was originally drafted, and the district attorneys asked for 100 miles. We cut it down to 50 miles. In particular, at the request of the District Attorney in Orange County, because Orange County is being impacted by the fire.
- Thomas Umberg
Legislator
As folks are looking for housing, they've come to Orange County. And sadly, some landlords in Orange County have jacked up the price and been opportunistic. So I take your point, and I'll continue to consider that as if the Bill should move forward. With that, I urge an aye vote.
- Jesse Arreguin
Legislator
Thank you very much. We have just established a quorum. Senator Caballero just joined us, so can the assistant please call the roll? Hold on. oh, we need four. Yeah. Okay.
- Jesse Arreguin
Legislator
So we will hold until we establish a quorum to make a motion. But thank you, Senator. Thank you, Mr. Chair. And we'll proceed now with. Just having my first cup of coffee here, so please bear with me. File item two, Senate Bill 571, by Senator Archuleta. And I believe I'm jointly presenting this with you, so I'll hand the gavel over to Vice Chair Seyarto go first.
- Kelly Seyarto
Legislator
All right. We have SB571. Is that correct? Okay. And this is joint authors? Yes. So, Mr. Chair, you may proceed with the presentation.
- Jesse Arreguin
Legislator
Thank you very much. Mr. Vice Chair. Members of the Committee for the Opportunity to jointly present Senate Bill 571. Senator Archuleta. Taking advantage of our communities when they are in disarray and are dealing with a natural disaster is unacceptable.
- Jesse Arreguin
Legislator
This Bill would increase criminal penalties for the crime of looting, burglary, aggravated arson, and fraudulently impersonating a first responder. Furthermore, this Bill removes judicial discretion to limit or reduce the looting sentencing in Los Angeles this year.
- Jesse Arreguin
Legislator
While Angelenos scrambled to find alternative shelter, there are reports of predatory behavior by individuals impersonating as first responders, firefighters and disaster relief workers, including FEMA workers, in order to scam victims. Strengthening penalties for these matters will ensure victims. Victims and affected communities are protected when they are most vulnerable. And I'll turn it over to Senator Archuleta.
- Bob Archuleta
Legislator
Thank you, madam. Mr. Chair. If anyone knows the sacred feeling that we have for our firefighters, it is you, Mr. Chair. Because the firefighters in our State of California have become angels because of the fact that they've risked their lives.
- Bob Archuleta
Legislator
These devastating fires that just took place, and I had the occasion to walk there in the Palisades. I was able to get to Altadena and meet with residents.
- Bob Archuleta
Legislator
And I was there soon after the ashes were smoldering in Pasadena with the firefighters, Highway Patrol and National Guard and they were doing their job for God country in the State of California. So this Bill 571 addresses those who were taking advantage of people who lost home and in some cases even their relatives.
- Bob Archuleta
Legislator
So I bid you good morning for the Committee and I thank you for allowing us to present 571. During the horrible January 25th fires in Southern California we saw reports of criminals attempting to take advantage of victims and that were displaced and some because of the evacuations.
- Bob Archuleta
Legislator
And some of these individuals disguised themselves as firefighters, FEMA workers and even law enforcement to gain access to the fire damage areas. In one instance, impersonators were used decommissioned fire trucks fire trucks to pose as firefighters including wearing fire gear and even helmets.
- Bob Archuleta
Legislator
CAL FIRE T shirts were worn and their equipment with helmets radios to gain access to the evacuation sites in the zones. These abusers engaged in looting and property theft going through the ashes and into the victims homes whatever was left of their personal belongings.
- Bob Archuleta
Legislator
The severity of these crimes forced the Los Angeles County Sheriff's Department to form the looter task suppression teams and increasing patrols to provide quicker response times diverting vital resources away from the efforts to support our recovering Los Angeles community. The firefighters and police officers.
- Bob Archuleta
Legislator
Current penalties for these abuses are not proportional to the pain, the loss, the grievance to the victims. The damage caused by these impersonators and looters exceeds the monetary losses to the communities and victims and personal property. Communities can't trust directions of public safety officials if they aren't aware who they should trust.
- Bob Archuleta
Legislator
Which uniform is real, who are the real angels as I called them so they normally have no way of knowing but it is all of us now that can do something about it.
- Bob Archuleta
Legislator
These abusers and their actions undermine evacuation orders, local officials, authority and victims peace of mind ensuring the public can trust first responders and local public safety officials. It is crucial in keeping the community safe especially during State of emergency when victims are in disarray.
- Bob Archuleta
Legislator
Senate Bill 571 is a is clear sign to California has zero tolerance for criminals who take advantage of wildfire and natural resource natural disaster victims. Strengthening penalties for looting and impersonation of these first responders there in the evacuation zones will ensure victims and affected communities are protected during the recovery and rebuilding process.
- Bob Archuleta
Legislator
So with us today I have Tarma Tuek with the Los Angeles District Attorney's office and Jonathan Fieldman with the California Police Chiefs Association. See if they're here. So for their remarks and your questions.
- Jesse Arreguin
Legislator
Can I add one thing, Mr. Vice Chair? So Senator Valadares had a Bill that also addressed many of the similar issues. I think this is an example of bipartisan collaboration. We have worked together to the point where Senator Valladares has withdrawn her Bill from consideration, is now a joint author of this Bill.
- Kelly Seyarto
Legislator
Thank you. That's happened in my bills too, before. That's cool. Hey. So we have a witness in favor of the Bill. You are the primary. So you get your two minutes or four minutes if there's two of you. Is there only one of you?
- Tamar Tokat
Person
Good morning, Chair and Members. My name is Tamar Tokat. I'm a Deputy District Attorney with the Los Angeles County District Attorney's Office, and we're pleased to Support Senate Bill 571. A few months ago, Los Angeles suffered the most devastating wildfires in its history.
- Tamar Tokat
Person
Over 16,000 homes, businesses and other property were destroyed, and dozens of people lost their lives. I don't know a single person in Los Angeles who either wasn't personally impacted or doesn't know somebody who was badly impacted by these fires. The entire county was affected in some capacity.
- Tamar Tokat
Person
Although these events provided the catalyst for most people in the community to come together and help their neighbors, some individuals, both from within and outside of the community, used this as an opportunity to take advantage of the loss and trauma suffered by the victims of these fires.
- Tamar Tokat
Person
These bad actors descended upon evacuation zones to burglarize homes and businesses and steal from cars where people fleeing their homes had stored what little they could salvage. Some individuals pretended to be first responders, such as police and firefighters, so that they could loot more easily.
- Tamar Tokat
Person
And yet, under existing law, impersonating a first responder is nothing more than a misdemeanor. Under existing law, committing a burglary or a grand theft during the State of emergency or in an evacuation zone, which is what looting is, carries the same penalty as if the crimes didn't happen during a State of emergency or in an evacuation zone.
- Tamar Tokat
Person
Under existing law, for the most serious type of arson, which is aggravated arson, a loophole would allow an arsonist who causes massive amounts of damage that meets the monetary threshold for aggravated arson at the time the crime was committed to delay their open case and delay any appeal upon conviction in order to wait for the next inflation adjusted threshold to kick in so that they can avoid prosecution under the most serious charge.
- Tamar Tokat
Person
This should not happen. Senate Bill 571 is a common sense, measured approach to ensuring that those who loot or impersonate first responders and those who commit aggravated arson are appropriately held accountable for their actions.
- Tamar Tokat
Person
To that end and on behalf of the Los Angeles County District Attorney's Office, we'd like to thank Senators Archuleta and Araguin for authoring this Bill. And we'd ask for your aye vote.
- Kelly Seyarto
Legislator
Thank you very much. And that was only two minutes, so that was really good. All right. Because I forgot to mention, if you don't want to take the whole four minutes, that's okay too. We're good with that.
- Kelly Seyarto
Legislator
So at this time we'll take anybody else who may be in favor of the Bill and would like to add a me too. And just come up, state your name, the organization you represent and your favorable opinion of the Bill. But not the opinion part.
- Zachary Cefalu
Person
Zach Cefalu with the League Of California Cities and support. Thank you.
- Jared Maas
Person
Good morning. Jared Maas on behalf of the California Police Chiefs Association, in support.
- Kelly Seyarto
Legislator
Anyone else? It doesn't appear. Okay, so now we're going to go to opposition. Is there anybody who wishes to speak as the main opposition witness appears? We have a person approaching now, so come on up. We have two, so you know what that means. Each of you get two minutes. Whoever would like to go first, go ahead.
- Aubrey Rodriguez
Person
Thank you, sir. Chair Members, my name is Aubrey Rodriguez and I am a legislative advocate with ACLU California Action. I want to start by reminding everyone that existing law already imposes severe penalties for the offenses considered in this Bill. And strong evidence indicates that longer criminal sentences has failed to promote either deterrence or incapacitation.
- Aubrey Rodriguez
Person
This notion is supported by the Federal Department of Justice, which discourages increasing existing punishments, noting that longer sentencing does little to deter crime. Other findings have concluded that the certainty of punishment, that someone would be punished for a particular crime has a greater deterrence effect than the severity of the punishment itself.
- Aubrey Rodriguez
Person
I implore every Member in this Committee to follow the evidence and to not move forward with the tired and failed carceral solutions of tough on crime policies that have ravaged our communities.
- Aubrey Rodriguez
Person
It is no coincidence why this nation has the highest incarceration rate in the world, making up less than 5% of the world's population, but a quarter of its prison population.
- Aubrey Rodriguez
Person
And it's because we continue to pass policies that contradict evidence and lock people up for egregious amount of time rather than focusing our energy on the root causes of crime.
- Aubrey Rodriguez
Person
We have to honestly ask ourselves what the purpose is in increasing criminal sentences when there is so much evidence that it does nothing to deter crime and cost taxpayers roughly $130,000 to incarcerate an individual each year. Can this sort of public investment be spent elsewhere? Better be better spent elsewhere, honestly.
- Aubrey Rodriguez
Person
In conclusion, given the absence of a compelling reason for increasing these penalties, the fact that evidence indicates increasing these penalties does nothing to deter crime, and the state's history of prison overcrowding, we do not believe this Bill is necessary or prudent. For these reasons, we respectfully urge your no vote on SB571.
- Reiko Bunsen
Person
I'm Reiko Bunsen, a Member of Essie Justice Group, a Pasadena local community organization of women with incarcerated loved ones fighting to end mass incarceration. Essie tracked how the Los Angeles wildfires directly impacted our membership and neighbors. The range of impact included loss of homes, loved ones and income. I lost my job in Santa Monica due to smoke damage.
- Reiko Bunsen
Person
I oppose SB571 because I have unique understanding on how system impacted communities experience criminalization and face unseen inequalities and climax crisis. Last year, SE Members canvassed over 1300 Altadenas, 65% of them opposed the increased criminalization in Prop 36 after the Eaton fire. SE Members made Wellness calls to 538 Altadena neighbors in 12 days and provided community resources.
- Reiko Bunsen
Person
So far we analyzed 137 of the 538 conversations we had and not a single person we spoke to was concerned with looting. Not one black homeowners and renters already being racially profiled and accused of looting while evacuating and returning to Altadena to remove what left of their belongings.
- Reiko Bunsen
Person
If this Bill passes, it will worsen racial profiling across California under the false appearance of safety. We need electance to invest in community solutions rooted in equality and care. That's why I'm testifying against this Bill. It's too broad in scope, invites racial profiling and waste resources that should instead go to urgent needs of people impacted by wildfires.
- Reiko Bunsen
Person
Over 100 women with incarcerated loved ones from SC were directly impacted by the wildfires and the Altadena residents we spoke to want speedy reconstruction, environmental protection and hazardous waste removal. We want electance to approve the government's infrastructure of emergency preparedness, especially around the emergency warnings, evacuation notification system and fire prevention measures.
- Reiko Bunsen
Person
Support us by preventing further criminalization in our communities. Wildfires to virus need care right now on behalf of SC Justice Group and our neighbors In Altadena, I urge a vote no on SB 571.
- Kelly Seyarto
Legislator
Thank you. All right. Well, thank you for your testimony this morning. So for additional people who wish to oppose the Bill, you may come up to the mic, state your name, the organization you represent, and that you oppose the Bill.
- Glenn Backes
Person
Good morning. Glenn Backes for Ella Baker Center for Human Rights, in opposition. Jim Lindbergh, Friends Committee on Legislation of California, opposed.
- Liz Gutierrez
Person
Liz Bloom Gutierrez on behalf of the Los Angeles County Public Defenders Union, Local. 148 law defensa and initiate justice, opposed.
- Margo George
Person
Margo George on behalf of the California Public Defenders Association, opposed. Thank you.
- Unidentified Speaker
Person
Good morning. Anna Camino with UC Irvine Underground Scholars, opposed.
- Unidentified Speaker
Person
Greetings. Nicole Butterfly Braton with the SE Justice Group, strongly opposed.
- Unidentified Speaker
Person
Good morning. Joanne Shear with Felony Murder Elimination Project. We oppose. We also oppose on behalf of. Thank you.
- Daniela Dane
Person
Daniela Dane, on behalf of All of us or None and Legal Services for Prisoners with Children, oppose.
- Unidentified Speaker
Person
Good morning, everyone. Natil Sharma with LSPC opposing. Ed Little on behalf of California's for Safety and justice and respectful opposition.
- Kelly Seyarto
Legislator
Right. That's all of the people opposing. We're going to bring it back up to the diocese. Do we have any comments, questions for the authors? Ms. Caballero,
- Anna Caballero
Legislator
thank you very much. Thank you for bringing this Bill forward. Let me tell you what my concerns are, and I'm going to support the Bill today. But I do have some concerns, some that are raised by the opposition.
- Anna Caballero
Legislator
One of the hallmarks of our legal system is the ability to give judges discretion to make decisions when a DA is overcharging or where the facts might suggest that the charge is filed too high. And so as I read the Bill, there are three parts of it.
- Anna Caballero
Legislator
The first part, which is to to make the crime punishable as a felony and remove the court's discretion. And I really think that it's important to have discretion because the Bill is very broad, because it extends way beyond the emergency area. And, and we want to make sure this is surgical.
- Anna Caballero
Legislator
If you're going to charge looting, which is worse than regular theft crime, in my mind, you know, looters are punks. They're coming in during an emergency and they're hurting people. And when everybody else has been kept out, they're the ones who come in. So I think taking away the court's discretion is not necessary, not a good thing.
- Anna Caballero
Legislator
The second thing it does is it expands the definition and makes it an Extended period of time, 180 days. It's a long time. But I'm not as concerned with 180 days because it takes a while to get in, clean it up and then to start rebuilding. And you don't want people coming in when you're rebuilding and taking things as well.
- Anna Caballero
Legislator
And then finally the last part of the Bill is it's makes it a crime for impersonating a first responder and that's really serious because you need to be able to trust the people that come in and that look like they're responding to an emergency situation, trying to maintain the peace and to make sure that people are safe, that everybody gets out.
- Anna Caballero
Legislator
You don't want someone coming in and, and having ulterior motives under that situation. So that's a part that I support as well. But like I said, the first part I have some concerns about. Just ask you to think about it. I know where you're trying to go with this.
- Anna Caballero
Legislator
I'm just not sure that I think I agree with the opposition that really what we want to do is utilize the existing crimes and not increase the penalties necessarily. So with that said, I am going to support your Bill today, but I do have some concerns about it.
- Kelly Seyarto
Legislator
All right, thank you. So I guess I'll throw in my comments. I have a little bit of experience with this, especially up in fire ravaged areas. And really the looting laws are not for the ashes, the burned down homes as much as, I mean they have had people go through and try to find, you know, jewelry and things like that.
- Kelly Seyarto
Legislator
But when we go, like when we have a fire up in Malibu and we evacuate an entire area, one of the things that we are trying to do is create safe spaces for us to retreat to. And so we deliberately ask people, leave your door unlocked. And we will try, you know, we'll secure the area.
- Kelly Seyarto
Legislator
And that's a safety thing for us. If we get overrun by a fire, the best thing for us to do is run into one side of the building and run out the other if we need to.
- Kelly Seyarto
Legislator
But it's just one of the things that we ask and we have to have a tremendous amount of trust from the public to be able to get them to comply with that. And so, you know, that creates an opportunity for, for well organized looters.
- Kelly Seyarto
Legislator
People make it sound like somebody just walking down the block and think, hey, you know what, I'm going to go looting. They don't pretty much. These are a lot of organized groups that look for these type of opportunities. That's why they Go out and acquire what they do.
- Kelly Seyarto
Legislator
If you leave your brush jacket unattended on an engine, they'll take it. And they accumulate these things over the years. So it's a very much very planned event. So this is what they can do to avoid either the lighter penalties or stiffer penalties. They cannot do it.
- Kelly Seyarto
Legislator
There's a concept don't involve yourself in that and you won't go to jail and we won't fill the jails. So maybe people should not engage in this.
- Kelly Seyarto
Legislator
And while there may be a deterrent for some people, I can tell you during the riots that we had in the 90s, I saw people looting that would never ever, never loot under a normal circumstance. But given the opportunity, they were doing that because everybody else was doing it. These type of efforts take.
- Kelly Seyarto
Legislator
Especially if you're going to have the increased penalties to help deter people. The it needs to be advertised out there so people know it because that will weed out some of the hardcore people from the people that would would never ever normally participate in something like that. So I will be supporting your bills.
- Kelly Seyarto
Legislator
I don't, you know, for me it's. I think the punishment fits the crime. Especially in these type of situations when people are the most vulnerable and they need their property preserved. And the worst thing we can have are people that have such a disregard for everyone else that they think that it's a free for all for them.
- Kelly Seyarto
Legislator
And I'm tired of protecting them. I really am. I think people are sick and tired of it. So anyway, we still do not have a quorum. So if you would like to close, I'll give you that opportunity. And also I would like to be added as co author if you're able to do that.
- Bob Archuleta
Legislator
Thank you, Mr. Chair. So on behalf of the 40 million people in California, I think everyone can see that we as legislators will be taking action and these people will be praying that it never happens again. But God forbid it does. But they know that we've taken action. And I urge an aye vote.
- Kelly Seyarto
Legislator
All right. And with that we'll be moving on to the next thing. As soon as the Chair comes up, pass the gavel back. There you go.
- Jesse Arreguin
Legislator
Okay, thank you. We'll proceed now to file item 3 in the Special Order SB368 by Senator Smallwood Cuevas. Good morning. I'll turn it over to you, Senator, to presenting your Bill.
- Lola Smallwood-Cuevas
Legislator
I also am have not had my cup of coffee this morning, so absolutely feel you on that. Good morning, Mr. Chair and Members. I'd like to start by saying thank you to the Committee and the Committee consultants for all their hard work on this Bill. Our teams work closely on drafting those amendments and I have accepted them.
- Lola Smallwood-Cuevas
Legislator
I am here today to present on SB423, which reduces the barriers formerly incarcerated firefighters face when seeking employment upon release. Specifically, this Bill would standardize training and credentialing, provide an incarceration to employment pathway, and track and report the success of these programs to the Legislature.
- Lola Smallwood-Cuevas
Legislator
The good Senator from the Inland Empire and firefighter and I had the opportunity to visit Pine Grove where we got to see those young future firefighters in action as they were training and coming back and learning from what they got from the front lines of the La Palisades and Eaton fires.
- Lola Smallwood-Cuevas
Legislator
And it was really incredible to see them in action. Los Angeles and its surrounding areas, as you all know, were devastated by the fires earlier this year. 100 mile per hour wind scattered flames across Southern California.
- Lola Smallwood-Cuevas
Legislator
It became nearly impossible to predict when that fire would end and certainly after it, we don't know when the next one will begin. And our firefighters bravely risked their lives to put out fires to protect our communities as quickly as possible before the disaster could spread any further.
- Lola Smallwood-Cuevas
Legislator
These were frontline men and women fighting these fires alongside our first responders in our communities. The forgotten labor force, many have called them, the incarcerated firefighters, bring so much to ensuring the safety of our communities.
- Lola Smallwood-Cuevas
Legislator
Despite incarcerated populations having been critical in working alongside our local fire departments to fight wildfires and other natural emergencies, they are unable to receive any form of credit for their work experience once they are released from prison.
- Lola Smallwood-Cuevas
Legislator
In other words, if they wish to pursue a career as a firefighter upon receiving their freedom, they must start the process from the very beginning without being able to count their previous experience fighting fires toward relevant credit.
- Lola Smallwood-Cuevas
Legislator
SB423 would ensure that that work of our incarcerated labor force, the folks that we have to care for, that are in the care of the state, that this labor force is not forgotten.
- Lola Smallwood-Cuevas
Legislator
And upon paying their debt to society, serving their time in prison and getting this invaluable on the job experience, this time has meaning and real value. I had the opportunity to visit Norway and toured their prison system.
- Lola Smallwood-Cuevas
Legislator
We've modeled some of our California plan after that system and they have a motto there and it's one that, you know, I believe California is beginning to really commit to and I think this Bill helps to take us in that direction. And that motto is that courts are for punishing, prisons are for creating good neighbors.
- Lola Smallwood-Cuevas
Legislator
Courts are for punishing, prisons are for creating good neighbors. Through our fire camps, we are creating good neighbors. And we need our neighbors to come out and to be able to contribute and to deliver on their commitment to us.
- Lola Smallwood-Cuevas
Legislator
With me today to speak in support of this Bill and to answer technical questions is Lawrence Cox with the Legal Services for Prisoners and with Children. And also with me is Anthony Pedro, a system impacted witness and a CEO of Future Firefighters. I enthusiastically ask for your aye vote.
- Jesse Arreguin
Legislator
Thank you very much. Welcome. You have two minutes to address the Committee.
- Lawrence Cox
Person
Honorable chair and Members of the Committee. My name is Lawrence. I'm the regional advocacy and organizing associate for Legal Services for Prisoners with Children, as well as for all of us or none. I2M system impacted. I spent 17 years of my life incarcerated behind walls.
- Lawrence Cox
Person
And I made the conscious decision to make sure, like the Members said, that I became a good neighbor and I had to do that by rehabilitation. I want to start by saying California's wildfire calendar is growing longer and longer, more unforgiving for each passing year.
- Lawrence Cox
Person
Drought, climate, volatility and forest fuel buildup have pushed the state into a near perpetual fire season. Yet despite this heightened threat, California has approximately 3,800 potential hiries on civil service wait lists while simultaneously having more than 3,100 fire line vacancies remaining unfilled statewide, even as CAL FIRE allocates $124 million annually in overtime expenditures.
- Lawrence Cox
Person
I want to repeat it, but I won't. In counties like Shasta, Siskiyou, Lassen and Trinity, where wildfire frequency is higher and local recruitment pools are sparse, engines sit idle, fully staffed on paper, but unmanned in practice.
- Lawrence Cox
Person
In San Bernardino and Riverside counties, vacancy rates in certain units exceed 35% and critical hand crew shortages persist across Region 5 despite active eligibility lists. While these vacancies widen, approximately 3,100 incarcerated firefighters continue to respond to some of the state's most dangerous emergencies.
- Lawrence Cox
Person
Stationed across 34 conservation camps and prison firehouses, these individuals distribute and are deployed in burning canyons and rugged terrain with the same equipment, under the same threat, with the same courage as any other firefighter. The difference lies not in their performance, but in what follows. Their bravery earns them the guarantee of stability or career upon release.
- Lawrence Cox
Person
SB423, enhancing workforce development for Incarcerated Firefighters act seeks to rebalance this discrepancy. It doesn't simply acknowledge their labor, it transforms it into an opportunity. The Bill provides scalable evidence based infrastructure to convert frontline services into a bridge to employment, education and reintegration. It is not a finished product, but it is a foundation.
- Lawrence Cox
Person
And when executed with accountability and vision, it will serve public safety, reduce recidivism and and protects taxpayer investments. Thank you very much.
- Anthony Pedro
Person
Yeah. My name is Anthony Pedro. I'm the founder and CEO of Future Fire Academy. We've been established since 2021 and have helped over hundreds of folks get in the fire service who are just as impacted and from disadvantaged communities. We're sponsored by CAL FIRE. We stand with CAL FIRE. Future Fire Academy does.
- Anthony Pedro
Person
And that's because they hire folks that come through our academy as well as the U.S. forest Service private departments as well. So we have a partnership with CDCR where we teach folks who are incarcerated people at the FCRP MCRP program similar to what they have on overseas.
- Anthony Pedro
Person
You know, like programs that help our neighbors be fully qualified is that's what we kind of provide already right now, currently. So what through this Bill, you know, that's going to help us be able to gain access to helping more folks in fire camp and in the institutional firehouse.
- Anthony Pedro
Person
So every prison has a firehouse program and so we just want to be able to provide that. I came from a firehouse program myself and I was able to be qualified when I came home. And that's what helped my transition to become professional in the fire service.
- Anthony Pedro
Person
I worked with CAL FIRE and also with a local government Department. I have my license EMT right here in our state and nationally recognized.
- Anthony Pedro
Person
So I just want to help other folks like us who come from this background to be able to get that access and to be able to help them as well, you know, and with this Bill will also help us make them like apprenticeships. And that's the angle where our Governor is trying to go with more apprenticeship programs.
- Anthony Pedro
Person
And we'll be a registered program under the apprenticeship program next year. So that's going to be able to help Fund these things. We obtain grants to help Fund these things and this Bill will help continue that support for folks like myself from prison fire camp and firehouse and institutional MCRP FCRPs.
- Jesse Arreguin
Legislator
Yeah, yeah. Great. Thank you very much. I will take any other witnesses in support of SB423. Please hit your name, affiliation and position for the record.
- Edward Little
Person
Ed Little on behalf of California for Safety and Justice and strong support.
- Caitlin Andersen
Person
Caitlin Andersen on behalf of Debt Free Justice California in support.
- James Lindburg
Person
Jim Lindbergh Friends Committee on Legislation of California in support.
- Jess Temple
Person
Jess Temple on behalf of Rubicon programs and strong support. Thank you.
- Barbara Chavez
Person
Barbara Chavez on behalf of the Ella Baker Center for Human Rights and support.
- Margo George
Person
Margo George on behalf of the California Public Defenders Association and strong support. Thank you.
- Joanne Scheer
Person
Joanne Scheer on behalf of Felony Murder Elimination Project and strong support. Thank you.
- Unidentified Speaker
Person
Anna Camino with UC Irvine Underground Scholars in support.
- Aubrey Rodriguez
Person
Aubrey Rodriguez with ACLU California Action and proud support.
- Unidentified Speaker
Person
Minor Mendez, UCLA Bruin Underground Scholars in strong support.
- Daniela Dane
Person
Daniela Dane on behalf of All of Us or None and Legal Services for Prisoners with Children and strong support.
- Sally Ching
Person
Sally Ching with the alliance for Boys and Men of Color in strong support.
- Nateel Sharma
Person
Nateel Sharma with Legal Service for Prisoners with Children Strong support.
- Unidentified Speaker
Person
Liz Bloom Gutierrez on behalf of Law Defense and Initiate justice in support Yanelli Rose with Silicon Valley Debug in support Ellie Vireta with SE Justice Group and Vera California Strong.
- Unidentified Speaker
Person
Support Reiko Bunton SC Justice Group and. Strong support. Greetings Nicole Butterfly Bratton with the SC Justice Group and reimagining Child Safety and Legal Services for Prisoners with Children and positive progressive support.
- Jesse Arreguin
Legislator
Thank you all very much for being here today. Are there any other witnesses in support of SB423? Okay, if not, we'll take any principal witnesses in opposition to Senate Bill 423 and then we'll take me too statements after hi, Good morning.
- Meagan Subers
Person
Thank you Mr. Chair and Members. Megan Subers on behalf of the California Professional Firefighters. CPF has an opposed unless amended position on the Bill in print and we're reviewing the amendments that we received last night.
- Meagan Subers
Person
I want to thank the Committee, the author and the staff for the time spent talking to us about the Bill and our concerns. We do appreciate the proposed removal of the bonus point system and the Reinvestment Fund. We're not clear what the requirements of the new firefighter hiring pipeline are for departments.
- Meagan Subers
Person
The state has allocated tens of millions of dollars to the Ventura Training center which is an 18 month program that includes a 12 month placement on a hand crew. So we aren't sure quite clear how this existing pipeline is different from what is proposed in the Bill.
- Meagan Subers
Person
Additionally, the current statewide apprenticeship program that exists for firefighters will likely conflict with the provision of this Bill that require the Division of Apprenticeship standards to establish a separate apprenticeship program while in custody. The California Firefighter Joint Apprenticeship Committee is a Joint Labor Management Committee.
- Meagan Subers
Person
The State Fire Marshal is the employer sponsor and the union is the employee sponsor. The way apprenticeship works is that the credits are only awarded for time spent in the occupation. They do not recognize training received from other sources that count towards time in the apprenticeship.
- Meagan Subers
Person
We are also hoping we can continue dialogue about our alternative approach outlined in our letter, which would provide a new pathway to a job as an Los Angeles County firefighter with the Los Angeles County Fire Department.
- Meagan Subers
Person
The proposal is to create a pilot in Los Angeles County where the state provides funding to hire formerly incarcerated to fill new county and crew positions. Again, we appreciate the Committee's engagement. We do still have questions and concerns and hope they can be resolved before the next Committee. Thank you.
- Jesse Arreguin
Legislator
Thank you very much. Are there any other Members of the public in opposition to SB423 who would like to state your position on the record? Please come forward to the microphone. Okay. Seeing none. Thank you to all witnesses for being here today.
- Jesse Arreguin
Legislator
If there are any questions, we'll direct them to the appropriate witness and I'll bring it back to the Committee for discussion. Before I recognize my colleagues on the Committee, I just want to follow up on something that the opposition witness has stated in conversation with the author. There are several amendments that the author has agreed to make.
- Jesse Arreguin
Legislator
They will be made not today, but. But in the second Committee when this goes to Senate Natural Resources.
- Caitlin Andersen
Person
That's right. Mr. Chair, you know the timing of our hearings. There wasn't enough time to present those amendments, but we will be making them in the next Committee.
- Jesse Arreguin
Legislator
And I really appreciate your willingness to work with myself and Committee staff and the various different parties to try to find a way to make amendments. I think respond to some of the concerns of opposition. Just to summarize what those amendments are so everyone is aware.
- Jesse Arreguin
Legislator
Striking the references to the reinvestment Fund, striking the language in section 2776A around the issuance of preference bonus points, and then 2776B, striking the language around offering participating departments offering interview opportunities and conditional job offers. The prior language.
- Jesse Arreguin
Legislator
Local fire departments may participate in the program through the memorandum understanding through Department of Corrections and Rehabilitation, Department of Forestry. That would still remain. So I just want everyone to have an understanding of what the amendments are that the author has agreed to make in the second Committee.
- Jesse Arreguin
Legislator
And with that, I'll recognize my colleagues if there are any questions or comments. Senator Sierrata.
- Kelly Seyarto
Legislator
So this is a difficult subject. On one hand for me, I have great respect for the work that CDCR and CAL FIRE does and even Los Angeles County Fire, who I was with our incarcerated crews, and we had both men and women incarcerated crews and the work that they do out there on the fire line to assist in fighting some of the big wildfires that we've had is always appreciated.
- Kelly Seyarto
Legislator
And I always let them know that when I was on those fires, one of the things that the idea of the program is that you're not sitting around doing nothing or sitting around doing menial tasks for people that have a higher level of trust with the guards and want to improve themselves, and they're improving themselves by working in, in a group and learning how to be a team Member and all of those things.
- Kelly Seyarto
Legislator
But when you get what I'd like to see is people prepared to go out and compete for the jobs because it's going to be up to each agency whether or not they want to hire somebody who's been previously incarcerated. For people who have had their records expunged might be easier.
- Kelly Seyarto
Legislator
But you're going to sit there in an interview and they're going to ask, they're going to ask a question. And so that makes it a little more difficult. You know, the fire service, police agencies, doctors, nurses, they all have a.
- Kelly Seyarto
Legislator
Those are all professions that are competitive, number one, but all have a high degree of the people need to trust. And that's, you know, hopefully you can, you can build that back in when, you know, an incarcerated person can build that in when they get back out.
- Kelly Seyarto
Legislator
So I'm glad you took some, some of the amendments that you took. It's still not supportable for me. I think there's a lot of work that needs to be done with the fire service to, you know, if this is going to be explored. But, you know, right now, being on a camp crew is not a career.
- Kelly Seyarto
Legislator
That's usually where our young people start. And if there's no pathway after that, then that's, you know, that's going to be difficult. But there are other pathways that can be pursued with the knowledge and skills that somebody would get in the environment that we have now.
- Kelly Seyarto
Legislator
And you can start a business, you can go out and help people do brush clearance and things like that. We have lots and lots of brush clearance that needs to be done. And those are jobs that people can create for themselves and others. You can be a business owner and still use those skills.
- Kelly Seyarto
Legislator
So I am not prepared to go down this path where we're trying to, you know, force agencies to, you know, give preferences and things like that. When we have. I know, I know that's one of your amendments was that we took that out for now.
- Kelly Seyarto
Legislator
But I've seen this come back over and over and, you know, that's not something that I'm willing to take a chance on later on either is the preference thing. We give preferences to bonus points when people are applying for that job to our military people. That's it. That's who gets those preferences because they already.
- Kelly Seyarto
Legislator
They've been serving our nation and while they're away, they're coming back and now it's time for them to get involved in a job. So that's the issues I have is I don't think the fire service is ready to move off of not hiring.
- Kelly Seyarto
Legislator
And some have done it Already some have hired incarcerated individuals based on what it is that they're incarcerated for and they're a little open minded about that.
- Kelly Seyarto
Legislator
But I don't think the Legislature, based on fires in, that we've recently had, is, should be in a position right now to override the job that those fire agencies are trying to do out there. So I'm not going to, with all.
- Lola Smallwood-Cuevas
Legislator
With all due respect, I appreciate that point and I'm sorry, Chair, are we responding or. . Oh, I wasn't sure if you were asking a question.
- Jesse Arreguin
Legislator
Let me just make sure that Senator Seyrto has completed his comments. I thought, I wasn't sure. I thought, I wasn't sure if he was. I think he was just stating his position. But I will give you an opportunity.
- Lola Smallwood-Cuevas
Legislator
No, I appreciate that and I, and, and, and that's what this forum is for. And you know, there are a lot of folks who've been charged with felonies who hold very high positions, the highest in the land. Even. So I am really, you know, that analogy concerns me deeply. But I appreciate that position.
- Lola Smallwood-Cuevas
Legislator
And if not now, when? And if not us, then who? And I absolutely respect the firefighters. I believe in labor.
- Lola Smallwood-Cuevas
Legislator
I stand with labor 100% because they ensure that families are sustained, that they are able to thrive in this economy and they ensure that we are able to sustain this state through their wages and working conditions and property taxes and income taxes and sales tax. Unions help to ensure a thriving working class.
- Lola Smallwood-Cuevas
Legislator
You know, but we also know that not every community has the same starting point. Not every community has access to a level playing field. And we know some industries because of the past and institutional barriers of racism and sexism and exclusion. We do have to look at ways to address those issues and create a pathway.
- Lola Smallwood-Cuevas
Legislator
We had 25,000 formerly incarcerated people coming back to Los Angeles County a month in the early 2000s. A month, 70% of the jobs they were locked out of.
- Lola Smallwood-Cuevas
Legislator
If we don't figure out how to address this, and we see this happening in many sectors, if we don't figure out how we are going to fix this problem and not keep having. Like you said, we are not ready. We're not ready.
- Lola Smallwood-Cuevas
Legislator
If we don't figure out how we deal with this problem, we are going to continue to invest more to imprison people than we are to educate them. We're going to continue to make these ridiculous contortions around these budgets that we can't make ends meet because so many people are in the safety net. I'm sorry to get on it. So I just want to let.
- Jesse Arreguin
Legislator
Well, let me make sure that Senator Caballero is an opportunity. Questions or comments?
- Jesse Arreguin
Legislator
I'm so No problem. You're very passionate about this issue, and I appreciate the passion, and I wanted to give you an opportunity to respond. So, Senator Caballo,
- Anna Caballero
Legislator
I appreciate that. I just wasn't sure if you were closing and before I had a chance to just make a. I really appreciate what you're working on here. This is not an easy task. Anytime that you're creating an opportunity to go from being an inmate working on a crew to then be working a pathway towards a career is going to be tough. So my only comment is I support what you're trying to do here.
- Anna Caballero
Legislator
I appreciate you taking the amendments and want to make sure that you work with the firefighters Association, California Professional Firefighters, so that because we're not just dealing with the state institution, we're also dealing with local government. And the more that. What's great about the fire service is there's a real camaraderie that's created.
- Anna Caballero
Legislator
And I want to second what my colleague said. It's all about teamwork. It's about working for the good of the community. And many of the individuals that come out of a facility are looking for that. They're looking to give back. They're looking to participate in the community.
- Anna Caballero
Legislator
And so we need to do it in a way that doesn't step on the toes of the California Professional Firefighters, but also creates an opportunity for them to become one. So appreciate it. I'll support your Bill today when we get a quorum.
- Jesse Arreguin
Legislator
Thank you. And I'm recommending an aye as amended. And thank you very much, Senator, for your work on bringing this important Bill forward and your work with the Committee as well. And I'll turn it back over to you to close.
- Lola Smallwood-Cuevas
Legislator
Well, I just want to say I absolutely appreciate all of the comments, and particularly yours, Senator Caballero, and absolutely will work with the firefighters on this, because this is the future of the work workforce.
- Lola Smallwood-Cuevas
Legislator
And we know that it's very important, given climate change, given the fact that urban cities are burning and our rural communities are burning, that we needed 26,000 firefighters to adequately deal with the Los Angeles fires. This is an incredible opportunity.
- Lola Smallwood-Cuevas
Legislator
We are already investing as a state in these men and women, and what we need to do is give them a chance. And I hope that we will continue to invest in our wildfire funding, so we create more hand. I always mispronounce that. Hand crews. I would say hand crews. Hand workers. Hand crews.
- Lola Smallwood-Cuevas
Legislator
To be able to continue to build those skills and to one day have a fire chief say, come join me in my ranks. That's what we're looking for. And with that, I respectfully ask for your aye vote.
- Jesse Arreguin
Legislator
Thank you so very much. We have not yet established a quorum, but at the appropriate time, we're entertaining a motion on the Bill. Thank you, Mr. Chair. Thank you so much. Okay, our last item on our special order of business is file item 5, Senate Bill 245 by Senator Reyes.
- Jesse Arreguin
Legislator
Senator Reyes has asked me to present on her behalf, so I'm going to turn the gavel back over to our Vice Chair.
- Kelly Seyarto
Legislator
All right, as stated, this will be SB 245. Senator Reyes Bill and Chair is presenting. Go ahead.
- Jesse Arreguin
Legislator
Well, thank you, Mr. Vice Chair and Committee Members, for the opportunity to present Senate Bill 245 on behalf of Senator Reyes. SB 245 would streamline the expungement process for individuals who have successfully participated in the California Conservation Camp program and in institutional firehouse programs and in county incarcerated individual hand crew programs.
- Jesse Arreguin
Legislator
In 2020, the Governor signed AB 2147, which was authored by Assemblymember, now Senator Reyes, which allows formally incarcerated fire crews to receive an expungement so they are able to pursue a career in firefighting.
- Jesse Arreguin
Legislator
Incarcerated fire crew Members have risked their lives, as we just discussed, protecting our communities most recently during the Los Angeles fires, but continue to face significant challenges in obtaining expungements under AB 2147. Upon reentry, many face delays in certification from the California Department of Corrections and Rehabilitation. Many often lack legal support.
- Jesse Arreguin
Legislator
They get stuck in the bureaucratic process and encounter licensing restrictions despite meeting eligibility under Assembly Bill 2147. Senate Bill 245 removes these barriers by automating certification upon program completion, shifting the responsibility of initiating expungements to the Department of Justice, and improving coordination between CDCR, DOJ and the courts.
- Jesse Arreguin
Legislator
These individuals have fought for themselves and for California residents to earn these expungements under state law. It's time that we ensure that these individuals get the second chance that they've earned. And we have today. Robert Wine from the Anti Recidivism Coalition, please come forward, sir.
- Jesse Arreguin
Legislator
And Ed Little from California for Safety and Justice can also please join us here at the table who are going to speak in support of the Bill. I'll turn it back over to you, Mr. Chairman.
- Kelly Seyarto
Legislator
All right. Thank you for your appearance today. You guys are speaking in favor of the Bill. You have two minutes each.
- Robert Wynne
Person
Thank you so much. Good morning, Chair, members of the Committee, public and guest. My name is Robert Wynne. I was sentenced to 10 years in prison in 2011 and served seven and a half of those years. Two and a half years at Chuckwalla Valley State Prison Fire Department serving and protecting Chuckwalla and Ironwood State Prisons and the community of Blythe. My debt to society was fully paid and I was released on August 13th of 2018.
- Robert Wynne
Person
The more important information I would like to share is who I am today. I've been happily married for the past five years. My wife and I have a beautiful family with three young children, four years old, two years old and nine months old.
- Robert Wynne
Person
I've been employed by the California Department of Forestry and Fire Protection, CAL FIRE, since May of 2019. I am now a Fire Captain at CAL FIRE Training Center, instructing the future of our fire department. The journey in my personal professional life from the data release has been everything but easy.
- Robert Wynne
Person
I only share this to push out all doubt of credibility coming from me today. The topic of expungement is what I am here to speak on today. However, I must say that there are many other conversations that need to be had. I have made it to where I am without an expungement.
- Robert Wynne
Person
The process is daunting and time consuming for someone trying to rebuild their entire life from the ground. I started the process and quickly found out that I had to commit a significant amount of time and navigate complex law procedures. I still do not have my record expunged.
- Robert Wynne
Person
Even with all I have accomplished and overcome, I still have my record hanging over my head. The fire service has changed my life along with many others like me. Having an expungement would elevate the opportunity that would be available to those who have completed the the Institutional Firehouse Fire Camp Program.
- Robert Wynne
Person
If my record were to be expunged, it would open up opportunities to compete with city and county fire department jobs. I believe in transparency and vulnerability. I want to be able to express my, to my young children that always doing the right thing pays off in the end.
- Robert Wynne
Person
I want to use my life story as an educational component for helping my children navigate this life. Having an expungement, working towards a governor's pardon will show that that through hard work, insight, reflection, and service to the public and always doing the right thing is more rewarding than not. I want to be able to finish this chapter of my life. All of you could help be a part of that. Why SB 245 matters. It matters because people matter.
- Robert Wynne
Person
This bill would automate certification for fire camp participants, shift the expungement filing from us to DOJ and ensure we're not blocked from jobs like EMT and/or paramedic firefighters because of past convictions. In closing, SB 245 is about believing in CDCR and the programs that are in place to rehabilitate individuals who have served their debt to society.
- Robert Wynne
Person
After all, the state government funds state prisons and the programs that are run by them. If the state funds it, the state should believe enough in it to initiate the process at the DOJ level. This will give individuals with similar backgrounds as me an opportunity to break the cycle.
- Robert Wynne
Person
I strongly urge you to vote yes on SB 245. Please feel free to ask any follow up questions or reach out to me for a closed session. Thank you.
- Edward Little
Person
Good morning, Chair and members. My name is Ed Little and I am a Government Affairs Manager with Californians for Safety and Justice and proud cosponsor of SB 245. The devastation wildfires have caused in California is well known to those who call California home.
- Edward Little
Person
It is also well known to those who live outside our state, but more importantly to those people who reside in the communities directly impacted by the wildfires, the scars remain. Over the past several years, California wildfires have caused widespread devastation, impacting lives, property, and environment.
- Edward Little
Person
The fires have led to loss of life, the displacement of individuals, families, and wildlife, and the destruction of homes and businesses, with some events potentially causing billions of dollars in damages. What has not been widely known until recently is the bravery and commitment of incarcerated people who volunteer to work to protect our homes and communities.
- Edward Little
Person
California has relied on incarcerated firefighters since 1915. Thousands of those courageous individuals have been trained to fight alongside professional firefighters all across the state. A TIME investigation found that incarcerated firefighters are at higher risk of serious injuries.
- Edward Little
Person
They're also more than four times as likely to get cuts, bruises, and broken bones compared to professional firefighters working the same fires, the report found. They are also more than eight times as likely to face injuries from inhaling smoke, ash, and other debris compared with those firefighters, the report said.
- Edward Little
Person
And yes, there have those who have given their lives in the course of this work. In 2020, the California Legislature took a critical step forward by passing 2147, which allows people to successfully complete a fire camp, institutional firehouse or county incarcerated hand crew programs to petition to expunge their records, provided that they meet certain criteria.
- Edward Little
Person
While AB 2147, a critical foundation, eligible applicants have experienced operational challenges receiving their expungement. This bill would simply remove the barriers and streamline the process for individuals who successfully completed fire camp from accessing the relief that they have earned. For these reasons, we've respectfully asked for your aye vote on SB 245. Thank you.
- Kelly Seyarto
Legislator
Thank you very much for your testimony. We're going to take a short moment here to establish a quorum.
- Kelly Seyarto
Legislator
Thank you. We have a quorum established, so that helps us along here. All right. At this time, we're going to take other people in support of this measure to come to the mic. State your name, the organization you represent, and your support for it.
- Margo George
Person
Margo George, on behalf of the California Public Defenders Association, in support. Thank you.
- Taina Vargas
Person
Taina Vargas with Initiate Justice Action cosponsor and proud support.
- Esteban Nunez
Person
Esteban Nunez with the Anti Recidivism Coalition, a proud cosponsor in support. Thank you.
- Tyrique Shipp
Person
Tyrique Shipp with the Anti Recidivism Coalition, proud cosponsor in support.
- Chris Larson
Person
Chris Larson with the Anti Recidivism Coalition, proud cosponsor in strong support.
- Isabella Solomon
Person
Isabella Solomon with the Anti Recidivism Coalition cosponsor in proud support.
- Joanne Scheer
Person
Joanne Scheer on behalf of Felony Murder Elimination Project in strong support.
- Jim Lindberg
Person
Jim Lindberg, Friends Committee on Legislation of California, in support.
- Emily Harris
Person
Good morning, Emily, on behalf of Californians United for Responsible Budget, in strong support.
- Anna Camino
Person
Ana Camino with UC Irvine Underground Scholars in support. Thank you.
- Aubrey Rodriguez
Person
Aubrey Rodriguez with ACLU California Action in strong support.
- Jay Vasquez
Person
J Vasquez on behalf of Communities United for Restorative Youth Justice. Strong support
- Jeronimo Aguilar
Person
Jeronimo Aguilar on behalf of Legal Services for Prisoners with Children and All of Us or None in support. Thank you.
- Nicole Braton
Person
Nicole Butterfly Braton in strong support with the Essie Justice Group and graduate of ARC, Anti Recidivism Coalition.
- Daniela Dane
Person
Daniella Dane on behalf of Legal Services for Prisoners with Children and All of Us or None in strong support.
- Kelly Seyarto
Legislator
At this time we'll take opposition. Is there any opposition witnesses? There are primary opposition witnesses. Is there anybody in opposition to it would just like to come up and state their opposition. If there are not, we will bring it back to the dais. Any comments, questions? Senator Caballero.
- Anna Caballero
Legislator
I know this isn't your bill, but I just wanted to say that I think it makes a lot of sense. Part of the challenge is trying to get through the legal system when you get out. It's just impossible.
- Anna Caballero
Legislator
So I think the ability to be able to start the paperwork, have someone help you through it and get it done is really important. So thank you for your testimony here today. It's very moving and glad to see you being so successful because it can be done.
- Lena Gonzalez
Legislator
Thank you, Mr. Chair. And same building off of Senator Caballero. Both of you did such a great job explaining why we need this bill. I want to thank Senator Reyes as well for bringing this, and Senator Arreguin, our chair, for presenting this really critical bill.
- Lena Gonzalez
Legislator
My home county is LA County, so this is even more special because I know the need and I've seen it for myself. I saw the incredible fire crew out there, and it just really, like, touched me to be able to see these really brave, mostly men, men of color, that were doing the work that so many people would not be able to do.
- Lena Gonzalez
Legislator
So that I really want to say thank you and again to Senator Reyes for bringing this forward. Happy to support.
- Kelly Seyarto
Legislator
All right, with that, if there's no other comments, you may close.
- Jesse Arreguin
Legislator
I really just want to thank our witnesses for being here today. And I think you're an example of why this bill is so important and then giving people a second chance. And that's what this really, this bill really is about.
- Jesse Arreguin
Legislator
It's about streamlining the process so people can take advantage of the opportunity under state law to expunge their records and to have successful careers in the fire service. With that I respectfully ask for your aye vote.
- Kelly Seyarto
Legislator
Okay. Madam Chair. Madam Chair, I'm sorry. Secretary, you can call the roll.
- Jesse Arreguin
Legislator
Okay, thank you. So that completes our special order business before we proceed to our regular file. Since we have established a quorum, let's go back and entertain motions on the bills. So, first file in one was Senate Bill 36 by Senator Umberg. I am recommending an eye on that Bill I obtain a motion on Senate Bill 36 moved by Caballero, and that is do pass to Appropriations. Please call the roll.
- Jesse Arreguin
Legislator
Perez, Wiener. Okay, we'll keep that Bill on call. Thank yous. File item 2 is Senate Bill 571 by Archuleta and Araguin. I am recommending an eye on that Bill, and I'll just need a motion on that Bill moved by Gonzalez. And that is the motion is do pass to Appropriations. Senate Appropriations Committee. Thank you. So with that, if the Committee assistant call the roll.
- Jesse Arreguin
Legislator
File item four is Senate Bill 423 by Senator Smallwood Cuevas. I am recommending that we approve that out of Committee today as amended.
- Jesse Arreguin
Legislator
Oh, yes, the amendments will be made in the second Committee of Natural Resources, but the author did agree to amendments working in consultation with opposition and with the supporters. So I entertain a motion on SB423 moved by Senator Gonzalez, and that motion is do pass to the Natural Resources Committee. And once again, the amendments will be made in Natural resources.
- Jesse Arreguin
Legislator
Okay, we'll keep that Bill in call as well. Let's go to consent. The consent calendar consists of file item 3, SBS 368 by Senator Small Cuevas, Price gouging. And can I do a motion on the regular file order consent items, or should that be a separate motion?
- Jesse Arreguin
Legislator
Okay, so we'll do one omnibus motion on the consent items in both the special order business and the regular file order. So once again, the consent consists of item 3, SB3, 368. File item 9, SB485 by Reyes. File item 10, SB349 by Archuleta, and that is the consent calendar. Entertain a motion on the consent calendar. Okay, Moved by Senator Caballero on consent. And please call the roll.
- Jesse Arreguin
Legislator
Okay, we'll keep that on call as well. So we'll now proceed to our regular file order and our first Bill is SB11 by assemblymember. By Senator Ashby. And we have several Ashby bills that are on the regular file order as well. So. Welcome, Senator.
- Jesse Arreguin
Legislator
And if you have any witnesses, you can please come forward as well.
- Angelique Ashby
Legislator
We do. I have a quick question for you before my witness sits down. Yes, I think I am. One of my witnesses for SB11 is in another Committee.
- Angelique Ashby
Legislator
And I think if, If. If my witness gets done in time with Senator McNerney, then maybe we can go to SB11. Second.
- Angelique Ashby
Legislator
Thank you so much, Mr. Chairman. I appreciate it. I am here to present SB319. This is a Public Safety Transparency Act. I'd like to begin by accepting the Committee's amendments. Thank you to the chair and his team for your help in improving the Bill.
- Angelique Ashby
Legislator
SB 319 requires the superior courts, the Department of Justice, and counties to collect and report key data to to ensure the outcomes of Proposition 36. In other words, we want to keep the goals met by the people who voted for Prop 36 in the State of California.
- Angelique Ashby
Legislator
In November, California voters overwhelmingly passed Prop 36, and the Bill reclassifies certain misdemeanors as felonies, as well as requiring courts to provide additional mental health and drug treatment programs.
- Angelique Ashby
Legislator
We know that this will be an expensive Proposition to put in play, and the change is expected to significantly increase the number of individuals with behavioral health conditions who will need help in the criminal justice system. The Bill also eliminated one source of funding. So we're going to have to be creative about full implementation.
- Angelique Ashby
Legislator
To be clear, this Bill assumes full implementation, but currently, California lacks a framework to assess the effectiveness of public safety dollars when they are spent. The gap in data makes it difficult to determine how much is being spent and how effective those dollars truly are.
- Angelique Ashby
Legislator
SB319 will close that gap by forcing collection of vital information at both the local and state levels. Voters have given California a clear mandate on Prop 36. They want it implemented. SB319. Make sure that the transparency is in place, that Prop 36 is successful, and that if it's not, we know right away.
- Angelique Ashby
Legislator
I think we've all learned, as we've addressed homelessness over the last few years, that accountability on major expenditures is a critical component to what we do here.
- Angelique Ashby
Legislator
I am asking for an aye vote on this transparency Bill that will help us implement Prop 36 and more importantly, keep the promise to Californians and provide all of the data necessary to know whether or not the dollars are actually serving the purpose that we intend for them to serve. With me Today I have two witnesses,
- Angelique Ashby
Legislator
Mr. Chair. One is Tara Gimbo Eastman. She's the Director of Government affairs for the Steinberg Institute and Tanish Hollins, the Executive Director of Californians for Safety and Justice.
- Jesse Arreguin
Legislator
Welcome. Good morning and you may begin and whoever would like to start, you have two minutes.
- Tara Eastman
Person
Good morning. Chair and Members, Tara Gambo Eastman with the Steinberg Institute. We're an independent, nonprofit Public Policy Institute dedicated to breaking the cycle of incarceration, homelessness and hospitalization for Californians with mental illness and substance use disorders. We were founded by former Assemblymember, Senate Pro Tem and Mayor of Sacramento Darrell Steinberg.
- Tara Eastman
Person
I'm happy to be here as one of the proud co sponsors of SB319. In 2004, our founder authored a different groundbreaking Proposition, Proposition 63, also known as the Mental Health Services act, which dedicated billions of dollars annually to community mental health services.
- Tara Eastman
Person
By far the greatest failure of the Mental Health Services act was the failure to collect and report meaningful spending and outcomes data. This lack of information stunted system improvements and undermined our ability to tell the success stories of the Proposition.
- Tara Eastman
Person
Last year, in addition to Proposition 36, voters also passed Proposition 1, which updated the Mental Health Services Act. One of the reasons our founder and the Steinberg Institute so enthusiastically endorsed Proposition One was because it corrected the mistake of not collecting proper outcomes and spending data. SB 319 creates the missing outcomes framework for Proposition 36.
- Tara Eastman
Person
Notably, SB 319 builds upon Proposition 1 and aligns the spending data between the two initiatives to ensure integrated local data that will allow state and local governments to serve the overlapping population of individuals with mental illness and substance use disorders who are justice involved.
- Tara Eastman
Person
No public policy can be successful if we don't have the opportunity to improve upon it based on accurate and reliable data to ensure the effective implementation of Prop 36. I respectfully request your aye vote. Thank you.
- Tinisch Hollins
Person
Here we are. Good morning to the Chair and Members. My name is Tinisch Hollins. I'm the Executive Director of Californians for Safety and Justice, and I'm also here today as a proud co sponsor of the Public Safety Transparency Act. SB319.
- Tinisch Hollins
Person
Californians for Safety and Justice is a nonprofit organization that is working with Californians from all walks of life to replace prison and justice system wasteful spending with common sense solutions that actually create safe neighborhoods and save public dollars.
- Tinisch Hollins
Person
Our goal is to address the root causes of crime and violence, to scale up the appropriate responses, for accountability that does not continue to harm our communities, and to protect dollars so that we can continue building at the community level.
- Tinisch Hollins
Person
SP319, the public safety Transparency act is a measured approach to aid in the implementation of Proposition 36 by providing a pathway to vital data collection and transparency. Last November, California voters approved Prop 36, the Homelessness, Drug Addiction and Theft Reduction Act.
- Tinisch Hollins
Person
The initiative established a new class of crimes, treatment, mandated felonies and increased penalties for a number of existing crimes. Proposition 36 did not, however, provide an implementation plan or a funding strategy. This responsibility has fallen on the counties and the Legislature.
- Tinisch Hollins
Person
SB319 will give the state the vital tools it needs to make sure that Proposition 36 works as voters intended it to. Data is the necessary foundation for informed and effective policymaking. We need to more clearly understand what is working and address the underlying issues that created this crisis.
- Tinisch Hollins
Person
SB319 is the first step towards robust statewide drug and mental health treatment services that respond to the needs of this moment. This Bill provides for the necessary data to be collected and published to further inform how the state can best invest in effective and cost conscious public safety solutions.
- Tinisch Hollins
Person
We urge you to support this vital piece of legislation. Our state's public safety budget and moral obligation to its most vulnerable citizens depends on it for those above reasons. California's for Safety and Justice is a proud co sponsor of SB319 and we strongly urge your aye vote on this measure.
- Jesse Arreguin
Legislator
Thank you. Thank you so very much. We'll not take any other witnesses in support of Senate Bill 319. If you can please come to the microphone and state your name, affiliation and position for the record.
- Madison Whittemore
Person
Madison Whittemore on behalf of Cal Voices and NAMI Contra Costa in support.
- Unidentified Speaker
Person
On behalf of your California, a nationally recognized research organization and strong support.
- Barbara Chavez
Person
Barbara Chavez on behalf of the Ella Baker Center for Human Rights and support
- Joanne Scheer
Person
Joanne Scheer on behalf of Felony Murder Elimination Project in strong support. Thank you.
- Liz Gutierrez
Person
Liz Bloom Gutierrez on behalf of La Defensa and Initiate justice in support.
- Glenn Backes
Person
Glenn Backes for Drug Policy Alliance and Prosecutors Action in support.
- Aubrey Rodriguez
Person
Aubrey Rodriguez with ACLU California Action in support. Marshall Aller re entry attorney Strong support.
- Jesse Arreguin
Legislator
Okay, thank you all for joining us today. We'll now take any principal witnesses in opposition to SB319. Are there any Witnesses in opposition or is there anyone who would like to express opposition? SB319 okay. Seeing none.
- Jesse Arreguin
Legislator
I'll bring it back to the Committee for discussion and just want to summarize the Committee amendments that the author has worked with Committee staff to agree to the Committee amendments, make minor amendments to correct typos, make a technical change to the structure of the data collection requirements in subdivision C of the Bill and clarify the timelines for data collection and publication.
- Jesse Arreguin
Legislator
And really want to thank you for bringing this forward. I think it's absolutely critical that we collect accurate and ongoing data around the impact of Prop 36.
- Jesse Arreguin
Legislator
I think that's one of the challenges that we face right now in implementing the measure is we just don't have a full understanding of the full costs associated with at the state and county level in terms of how to implement this Proposition. Once again, not a single dollar was appropriated when the Proposition in the actual Proposition itself.
- Jesse Arreguin
Legislator
So it's going to be really critical to understand the impact of this law and how it's, how it's actually being implemented in counties across California. So I really appreciate you bringing this forward and I'll ask my colleagues if there are any questions. Senator Gonzales.
- Lena Gonzalez
Legislator
Yeah, I just want to thank the author for bringing this forward as well as the witnesses who spoke so eloquently on the need for this Bill. And I would absolutely agree. I think this should have probably been part of our safer California package because I think that the accountability is what folks want.
- Lena Gonzalez
Legislator
Then we're going to give that to them and it's going to be transparent. It's good governance. And we need to ensure that the public knows that this is being implemented as been needed by and wanted by voters. And so we're going to make sure that it's done.
- Lena Gonzalez
Legislator
And it's going to be very clear for folks what was spent, what was unspent, who is doing what, the responsibility, the court activities, the probation, the sheriffs, every single player will have accountability, which is the key point here. So with that, thank you. And I would love to be added as a co author at certain point. Thank you.
- Jesse Arreguin
Legislator
Thank you. Any other questions or comments from Members of the Committee? Okay. I am recommending an aye as amended and also love to be a co author as well.
- Angelique Ashby
Legislator
Thank you very much. I appreciate everyone's comments. Appreciate the great sponsors. Fun for me to get to do one with former pro tem and Mayor Steinberg. Good Friend of mine. And thank you all very much for your comments. I respectfully request an aye vote.
- Jesse Arreguin
Legislator
Thank you very much. So I'm seeing a motion moved by Gonzalez as amended and that the motion is dp pass as amended to the Committee on Appropriations. If you can please call the roll.
- Jesse Arreguin
Legislator
Okay, we'll keep that bell on call. Thank you. And Senator Ashby, which Bill would you like to.
- Angelique Ashby
Legislator
I think we're ready for SB11, the artificial intelligence Bill.
- Angelique Ashby
Legislator
Great. Thank you so much. Thanks for having us here as my witnesses. Take a seat. We're here to present SB11. This is an Artificial Intelligence Abuse Protection act, which I hope to not have to say too many more times. That's quite a tongue twister.
- Angelique Ashby
Legislator
This establishes a legal framework for regulating artificial intelligence, voice, image and video cloning technology. The rise of artificial intelligence presents an opportunity. No doubt. The innovation is incredible for various industries. Many good things have come from the technology and the powerful tools that are advanced by AI.
- Angelique Ashby
Legislator
However, there is a lack of comprehensive legal framework for addressing deep fakes and non consensual images and videos that are troubling to say the least. This leaves individuals vulnerable for various forms of exploitation, identity theft, scams, misinformation and misrepresentation of their character. Unfortunately, the technology is disproportionately negatively impacting women and girls.
- Angelique Ashby
Legislator
Though not exclusively, the creation of sexually explicit photos and videos are prolific on social media and often hurt women and very often hurt women who are famous. For example, AI generated images created of Taylor Swift gained over 45 million views on social media in less than a day. A similar instance occurred to singer songwriter Billie Eilish.
- Angelique Ashby
Legislator
And there are very few remedies for which they can seek. Of deep fake videos found on the Internet, over 95% are sexually exploited and feature women who did not consent to their creation. While some deep fakes target public figures, easily accessible AI software allows users to create non consensual content of anyone.
- Angelique Ashby
Legislator
SB11 addresses the misuse of AI technology by establishing guardrails. And here are those guardrails. Number one, it clarifies the existing definition of likeness to include AI content requires consumer warnings on AI software that can lead a buyer to this situation.
- Angelique Ashby
Legislator
Establishes violations for the misuse of AI technology, which astonishingly have not yet been established and it prevents AI generated evidence tampering in the courts. The bill provides a balanced approach to AI regulation while providing remedies for victims of AI abuse. I respectfully ask for your Aye vote and have with me two key witnesses today.
- Angelique Ashby
Legislator
I have Rob Eleveld, which is the founder and Chairman of Transparency Coalition, and Javier Saini, who's the founder and President of the National AI Youth Council.
- Jesse Arreguin
Legislator
Good morning. You have two minutes to present to the Committee. And if you'd like to start, the mic is on you. Just press the button there and if it's red, you're good to go.
- Rob Elivald
Person
Okay, thank you all. My name is Rob Elivald. I have 25 years of tech experience. I've been a CEO of four small and medium sized businesses in tech and I am a co founder of Transparency Coalition and here representing Transparency Coalition today we're a nonprofit supporting common sense AI guardrails to protect our children and citizens.
- Rob Elivald
Person
And I am advocating strongly in favor of SB 11, the AI Abuse Protection Act. In my time in tech and then watching AI evolve, deepfakes have quickly become one of the most tangible and widespread harms of these early renditions of AI artificial intelligence.
- Rob Elivald
Person
Even in 2020, over 100,000 AI generated images of women were created and an alarming number of AI generated pornographic videos. And you can imagine if that's 2020, just how exponentially and it's grown since then. These deep fakes can be generated by literally anyone with no real knowledge needed.
- Rob Elivald
Person
Girls here in high school, girls here in California and across the country are being scarred by in their youth by fake nudes and fake pornographic videos without their consent. In fact, here in California, all citizens are vulnerable to various forms of exploitation, identity theft, scams and misrepresentation of character due to deep fakes.
- Rob Elivald
Person
Today, any of those victims have no legal recourse and there are no penalties or accountability. To discourage these deepfake abuses, SB11 would require warnings that creating these deepfakes without permission is a crime and that perpetrating these crimes could result in significant civil or criminal penalties. This technology also affects courtroom evidence.
- Rob Elivald
Person
Importantly, SB11 directs judicial counsel to develop methods to determine whether evidence has been tampered with by AI. In closing, by creating legal remedies and directing the courts to process these cases, we can make a positive impact and deter bad actors from creating non consensual artificial intelligence replicas. I respectfully ask the Committee for a Yes vote on SB11.
- Javier Saini
Person
Thank you very much. Hi good Morning. Good morning. My name is Javier Saini and I'm a junior at Dublin High School, as well as the founder and President of the National AI Youth Council, one of the nation's largest youth led organizations fostering digital equity and promoting safe AI regulation.
- Javier Saini
Person
I'm here to express my strong support for SB11 because I firmly believe that addressing the misuse of artificial intelligence technologies, particularly digital replicas, is a critical step towards safeguarding both personal identity and integrity in our society. Artificial intelligence is rapidly shaping our future, and with it comes an alarming rise in deepfake generated content and digital impersonations.
- Javier Saini
Person
As a student, I've witnessed firsthand how this technology can affect people's lives in devastating ways. A lot of people don't realize that deepfakes are incredibly easy to make and accessible even for students my age. 53% of young people aged 13 through 20 who created deepfake imagery report that they found tools through an online search engine.
- Javier Saini
Person
And that's exactly why in 20251 in 10 teenagers aged 13 through 17 said they personally know someone who has been the target of of deepfake nude imagery. One of my own closest friends fell victim to AI generated deepfake impersonations online. And this was spread for weeks.
- Javier Saini
Person
Combined with the stress that we already face as students every single day, the emotional toll this had on her was extremely overwhelming. I watched her fall into severe depression and I was powerless to do anything to help. Experiences like hers aren't just isolated. They reflect a larger issue faced by students across the country.
- Javier Saini
Person
There is an urgent need for strong regulations like SB11 to protect individuals from exploitation, which is why I strongly urge you to vote yes on SB11. Thank you. Thank you so very much. Austin.
- Jesse Arreguin
Legislator
Are there any other Members of the public here in support of SB11? If you can, please come forward to the microphone and state your name, affiliation and position for the record.
- Brandon Knapp
Person
Good afternoon. Brandon Knapp with a Chamber of Progress in a support if amended. We look forward to working with the author. Thank you. Thank you.
- Catrina Ranum
Person
Good morning. Katrina Ranum, California District Attorneys Association. I strongly support SB11.
- Jesse Arreguin
Legislator
Thank you very much. There any other witnesses in support of SB11? If not, we'll take any principal witnesses in opposition to SB11.
- Laura Bennett
Person
Do you mind if I do it here? Sure. It's a quick statement opposed less amended position. Laura Bennett, on behalf of California Chamber of Commerce, we have an opposed less amended position for SB11.
- Laura Bennett
Person
As we expressed in Senate Judiciary, our opposition is not with the underlying intent of this bill, but rather with the need for some Additional clarity, we are in process of finalizing and vetting the April 10th amendments with our Member companies to address the bill, including the changes from synthetic content to digital replica in broad strokes.
- Laura Bennett
Person
With respect to the consumer warning, our amendments generally seek to clarify that the warning is to be provided when the technology is made publicly available to consumers as opposed to when tools are made available from one business to another.
- Laura Bennett
Person
And most importantly for this Committee that the mandated warning regarding any unlawful use of technology, as opposed to an ambiguous warning over misuse, which is undefined in the bill and could therefore have a significant chilling effect when attached to the threat of civil and criminal liability.
- Laura Bennett
Person
While we are unfortunately unable to get these proposed amendments finalized in time for this Committee, our goal is to have them to the author by the end of this week and we look forward to continue conversations with her. Thank you.
- Naomi Padron
Person
Good morning, Chair and Members. Naomi Pedrone, on behalf of the Computer and Communications Industry Association, we would echo the position of the California Chamber of Commerce. Thank you.
- Robert Boen
Person
Good morning, Chair, Members. Robert Boen on behalf of TechNet. Sorry opposed unless amended position. Thank you.
- Jesse Arreguin
Legislator
Okay. Thank you. Are there any other witnesses in opposition to SB11? Okay. If not, thank you all for being here today and for your testimony. We'll bring it back to the Committee for any questions or comments. Senator Seyarto.
- Kelly Seyarto
Legislator
So last year there was a very similar bill and there's like no opposition. And this year there seems to be opposition. Are you going to work with the opposition to hear what their proposed amendments are and perhaps work those into your bill?
- Angelique Ashby
Legislator
It's a very similar Bill. In fact, it was the exact same Bill. So yes, I don't know why the opposition has issued this year, but not last year. But we have been working with them. We right now, our office, as I think she stated to you, we await their true ask.
- Angelique Ashby
Legislator
They have let us know about their issue. We're not opposed to anything that they have an issue with, but we're waiting on their language.
- Kelly Seyarto
Legislator
I would imagine last year there's quite a considerable less amount of information regarding AI in General.
- Kelly Seyarto
Legislator
So people don't really know how they were going to be affected.
- Angelique Ashby
Legislator
So I would imagine that's probably why that and you know, Senator Sierra, you know this, but the AI every year.
- Angelique Ashby
Legislator
That's why we need to. I remember you were very supportive last year. I appreciate that. And yeah, it's, it's still us in California trying to get out ahead of this issue.
- Kelly Seyarto
Legislator
Yeah. Well, I would just, I'm going to support your Bill. I just would encourage you to work with. People have now identified that, zero, we might have some problems. Absolutely. We can resolve those through doing a couple of these things. So that's all. Thanks. Thank you.
- Jesse Arreguin
Legislator
Thank you for bringing this Bill forward. It's so important to protect Californians. And for that I'll ask for you to close.
- Angelique Ashby
Legislator
I respectfully ask for an aye vote. And thank you all very much.
- Kelly Seyarto
Legislator
Is there a motion? I'll give a courtesy motion. I would generally defer to one of my.
- Jesse Arreguin
Legislator
The motion is do you pass this amended to. We don't have it amended. zero, this one is not amended. Apologies. The motions do pass. Two appropriations. Please call the roll.
- Jesse Arreguin
Legislator
Okay, thank you. We'll keep that bill on call. I need to go present across the street. And so I'm going to hand the gavel over to Vice Chair Seyarto. Just our next bill is SB 562. Ashby. And then Senator Cortese. He's been waiting very patiently and I would recommend we go to his bill thereafter. SB551.
- Kelly Seyarto
Legislator
Okay, we are on item number eight. That's SB562 by Senator Ashby. You may present.
- Angelique Ashby
Legislator
Thank you. Senator Sierra, thank you for hanging in there with me. I'll try to get us through today here as my witnesses come forward and take their seats. Let me just begin. We are going to accept the Committee's amendments on this one and thank you for your help helping us improve the Bill.
- Angelique Ashby
Legislator
This one is a labor of love for me and I'd like to thank the chair for his dedication. When he comes back, you guys tell him I said thank you.
- Angelique Ashby
Legislator
The Committee's amendments will require bond exoneration as a precondition for refund and require that an arrestee is only eligible for the refund if they have not failed to appear in think that is a good amendment. My team has also been working tirelessly and if I could emphasize that by 10,000, I would with the opposition.
- Angelique Ashby
Legislator
Since this Bill was introduced, we have taken significant amendments and have agreed to a final set of amendments to clarify that the refund in the Bill applies to an amount paid. I think your Committee staff is aware of that, but that is also one that we would will be taking.
- Angelique Ashby
Legislator
I'm here to present SB562, the debt free Justice Act. This Bill provides much needed financial relief to a specific, very narrowly tailored yet often overlooked group of individuals. Those who are arrested use a bail bond agency but ultimately have either no charges filed against them or their charges dismissed very early in the arraignment process.
- Angelique Ashby
Legislator
Right now, these individuals face an incredibly unjust situation. Despite never being charged with a crime or the charges not being upheld in any form, they're still financially liable for the bail bond fees and have no pathway to recover that money.
- Angelique Ashby
Legislator
In the State of California, if you put up the total bond, which is generally between 50 and $100,000, as an individual, you can get that money back if no charges are filed or in these instances.
- Angelique Ashby
Legislator
But if you don't have $100,000 to put up for bail, which most people do not, then you seek the assistance of a bail bond company and the bail bond company is able to then keep the money that you pay, which would be in this case, five to $10,000 in those bail bond amounts, which is the average, even if the charges against you are dropped, dismissed, or never filed.
- Angelique Ashby
Legislator
This Bill addresses the first 21 days during arraignment. So we're only talking about very early in the process. SB562 offers fair and focused solution. To be clear, this Bill does not ignore the needs of bail agencies. No one should work for free.
- Angelique Ashby
Legislator
They'll still be allowed to retain a percentage of the bond's value plus any taxes paid to the state. You are going to hear from folks today. I'm sure that bail bondsmen do not arrest people, and that is true. Nor do they decide who's guilty. Also true. They don't decide whose charges are filed and whose charges are not.
- Angelique Ashby
Legislator
Also true. We are not arguing that point and I actually agree with them. You will also find that there are people in this room today in opposition to this Bill that are longtime friends of mine and we've had many lively conversations over the last few months.
- Angelique Ashby
Legislator
This Bill is straight from my heart and I appreciate my sponsors deeply. But this one came from me and some experiences from my friends that I felt were unjust. And so as a Senator, I wrote a Bill about it and I am hoping to strike a very fair balance.
- Angelique Ashby
Legislator
The Bill simply ensures that individuals can reclaim a portion of their money if their charges are dropped or were never filed within 21 days. When a person pays their full bail amount directly to the court, they can already do this. SB562 simply creates parity between those two circumstances, the wealthy and those who are not.
- Angelique Ashby
Legislator
SB562 ensures that no one is left in debt for a crime that they were never charged with or that was dismissed early in the process. This really is not a criminal justice issue. It's a financial justice issue and it's long overdue.
- Angelique Ashby
Legislator
I thank my witnesses for being here and I respectfully ask for an aye vote at the appropriate time. Center Sierra. With me today is Anthony DiMartino, who's the Director of Government affairs at California for Safety and justice, and Esteban Nunez, who's the managing Director at Actum, representing the Anti Recidivism Coalition.
- Kelly Seyarto
Legislator
Okay, thank you for that. And we will go directly to your witnesses in support of your Bill. Go ahead.
- Jared Moss
Person
Thank you, Chair. I will be speaking. I'll be giving the testimony on behalf of Stephanie Jeffcoat, who is the Executive Director for Families Inspiring reentry and reunification for everybody. And quick reminder, each of you have two minutes. Yes. Thank you. Good morning, Chair and Members of the Committee.
- Jared Moss
Person
I wish I could be with you in person to testify today, but unfortunately I had a scheduling conflict that prevented me from attending. I'm incredibly grateful that my colleague is able to read this testimony on my behalf so that my voice and experience can still be a part of this very important conversation.
- Jared Moss
Person
When I co signed a bail bond to help a loved one get out of jail. I thought I was stepping up during a crisis. What I didn't realize was that I was stepping into a trap.
- Jared Moss
Person
Once the person was released, the bail bond company turned their attention to me, calling nonstop, demanding money I didn't have, and threatening legal action if I didn't pay. They even contacted my job, weaponizing fear and shame to pressure me into silence and compliance. What made it worse was the fear I carried every day.
- Jared Moss
Person
Not knowing what they could legally do and feeling like I had no one to turn to. I wasn't informed of my rights. I was never told I could challenge the charges. I was treated like collateral. The emotional toll was overwhelming. I lost sleep, missed work, and lived with the weight of constant intimidation.
- Jared Moss
Person
It felt like I was being punished not for a crime, but for caring for a loved one and for showing up. And that's the trap that so many of us fall into with this predatory industry. The moment you say yes, they own the narrative. This wasn't just a misunderstanding.
- Jared Moss
Person
It was a business model built on manipulation, especially targeting women and loved ones. I later discovered that these tactics aren't isolated. A class action lawsuit against bad boy Bales Bonds revealed a disturbing pattern. Co signers like me were routinely misled about their financial obligations and then subjected to aggressive, often unlawful collection practices, including harassment and threats.
- Jared Moss
Person
SP562 is not just a policy change. It's a long overdue correction to a system that profits off of fear and desperation. Predatory bail bond companies have operated in the shadows for far too long, exploiting people during their most vulnerable moments. And this Bill is a step towards ending those abusive factors and adding consumer protections.
- Jared Moss
Person
We can wrap up. I urge your support on SB562 to put an end to a system that does not help people in their times of need. Thank you. Thank you very much, Nick.
- Anthony DiMartino
Person
Speaker Good morning, Chair and Senators. My name is Anthony DiMartino. I'm the government Affairs Director for Californians for Safety and Justice. We are a proud co sponsor of SB562. For anyone arrested and detained, the priority is to avoid a night in jail. Most people will do anything they can to avoid the situation. In California.
- Anthony DiMartino
Person
The vast majority of people who make bail use a bail agent and pay a non refundable fee for their freedom. Under current law, even if there are no charges filed against someone who has been arrested, they cannot receive any of their money back from the bail bond agency.
- Anthony DiMartino
Person
This means that people who are not charged with a crime may be in a lifetime of debt simply because they were wrongly arrested. This is not justice. People often have to borrow from friends and family, enter into exploitative financing schemes or put up their property as collateral.
- Anthony DiMartino
Person
Regardless of whether a case is dismissed or charges are not ultimately filed after an arrest, the bail company keeps its premium despite this plain inequity. The only alternative is worse.
- Anthony DiMartino
Person
Spending time in jail, which could mean losing a job, missing rent payments, losing custody of a child, or ultimately pleading guilty when innocent just to get home and prevent these harms. My last point reminds me of my old Boss, Secretary of State Dr. Shirley Weber.
- Anthony DiMartino
Person
She used to say that when one person gets arrested, often the whole family is punished and experiences the trauma of the criminal justice system.
- Anthony DiMartino
Person
As it relates to this Bill, Money bail particularly harms women as they are most likely to bear the financial burden of bail and other fees when family Members are incarcerated and they themselves are less likely to afford bail.
- Anthony DiMartino
Person
SB 562 will bring some equity and fairness to the pre trial process and eliminate the subsidizing of the bail industry and their profiteering off of the backs of individuals who are never charged or have their case dismissed. We urge your aye vote. Thank you so much for the time.
- Kelly Seyarto
Legislator
Okay, thank you very much. If there are anybody. Is there anybody else in the room who would like to come to the microphone, express your off your gosh. Your support for this Bill. zero, boy. Please state your name and your organization you represent and your support for the Bill.
- Chris Lodgson
Person
Chris Lodgson, Anti Recidivism Coalition. Proud sponsor. Please vote. Yes.
- Ken Mendoza
Person
Hello, Committee Members. Ken Mendoza, associate Director of Policy, in strong support of this Bill with the Anti Reservism Coalition.
- Margo George
Person
Isabella Solomon with the Anti Recidivism Coalition. In full support.
- Liz Gutierrez
Person
Liz Blum Gutierrez on behalf of Initiate Justice in strong support.
- Margo George
Person
Margo George on behalf of the California Public Defenders Association. Thank you very much.
- Joanne Scheer
Person
And support Joanne Shear on behalf of Felony Murder Elimination Project. In strong support.
- Anna Camino
Person
Anna Camino with UC Irvine Underground Scholars in support. Thank you.
- James King
Person
James King on behalf of the Ella Baker Center for Human Rights and Smart Justice California. In support.
- Xochitl Larios
Person
Xochi Larios with Communities United for Restorative Youth Justice. And support.
- Patrick Murphy
Person
Patrick Murphy on behalf of Underground Scholars Initiative. In support.
- Unidentified Speaker
Person
Hakimo on behalf of Underground Scholars. UC Berkeley in support.
- Kelly Seyarto
Legislator
Great. Okay. Anybody else? I don't see any. Have them get lined up then.
- Graciela Franco
Person
Graciela Franco from Silicon Valley Debug supporting Ana Ramirez, Silicon Valley Debug as well in support.
- Dan Seaman
Person
Dan Seaman, Reentry Providers Association of California in strong support.
- Kelly Seyarto
Legislator
Okay, now is that all? No more hallway. Okay, good. Next up, we have opposition lead witnesses. Come on up. You have two minutes each. Welcome. One of you wishes to go first.
- Holly Hoekstra
Person
Good morning, Mr. Chair, Members of the Committee. My name is Holly Hoekstra and I'm a licensed California bail agent and have been for 33 years. I'm a small business owner, a single mother, and I operate a 24.7bail agency serving eight counties in Northern California. I employ seven people and I rely on local vendors.
- Holly Hoekstra
Person
I am here as a Member of the California Bail Agents Association that represents a diverse group of agents and here today to strongly oppose SB562. Bail is court appearance insurance. The moment a person is released from jail, the risk transfers to the bail agency. That risk is immediate.
- Holly Hoekstra
Person
We have no knowledge or control over when or whether the District Attorney files charges. Under this Bill, we would be forced to refund premiums even as we continue to carry full liability. In California, defendants already have the option to post full cash bail and receive a refund if charges aren't filed.
- Holly Hoekstra
Person
Most Californians choose to work with surety bail because they don't have the full bail amount. They value the support of the bail agent with nationwide arresting powers and they can access interest free payments on premiums. This Bill would upend that system.
- Holly Hoekstra
Person
It creates a disincentive to post bail until charges are filed, keeping people in jail longer and raising pretrial populations. It destabilizes the economics of bail retailers like mine who will no longer function if earned premiums are retroactively refunded.
- Holly Hoekstra
Person
It fails to address situations where the defendant later pleads guilty or where the agent recaptures and returns a fugitive before charges are filed. And it ignores that we are still liable for the full bond amount even if we're forced to refund premiums. Finally, it ultimately is impossible to operate in good faith.
- Holly Hoekstra
Person
SB562 is not just unfair, it's unworkable. It places the burden of state filing Decisions directly on small businesses, small business owners like mine is a step towards dismantling the bail system that voters already chose to preserve. By rejecting SB10 and voting no on Prop 25, I respectfully urge you to oppose SB562. Thank you for your time.
- Topo Padilla
Person
Thank you very much. Thank you. My name is Topo Padilla, the immediate past President of the Golden State Bail Agents Association and the Professional Bail Agents of the United States States. I've been a licensed bail agent for 42 years, and I resent being called a predator. I've helped tens of thousands of people.
- Topo Padilla
Person
When bail agents receive a call from somebody that is in jail or a loved one. This Bill will put us in a position that bail agents never want to be in, and that is to sit in judgment. Who's calling us? We are not the judge and we are not the jury.
- Topo Padilla
Person
We have one duty, and that is to ensure that people go to court so that justice will be served and they are free from jail. Putting bail agents in a position to vet the validity of the charges puts us in a real bad position.
- Topo Padilla
Person
Because see, the people in jail, they're on a phone that is recorded and monitored.
- Topo Padilla
Person
And now I'm going to vet these clients and make sure that I'm going to bail somebody out of jail, that the charges are going to be filed, because if they're not, I am then just going to become a depository and have to give 90% of my premium back.
- Topo Padilla
Person
And I don't know how all these fees are going to be gone through. In my 42 years, I've had many people sitting in jail trying to express their innocence. And we shut them down because we don't want them to incriminate themselves in domestic violence cases. This is very critical.
- Topo Padilla
Person
You're going to have a spouse come down and pay an insurance premium to us that are regulated by the California Department of Insurance. What do you think the spouse is going to say to the one that's not in jail? Come get me out, and don't you dare press charges and we can get our money back.
- Topo Padilla
Person
That is what is going to happen. So I can promise you the position we are going to take is going to be to vet these people and it's going to leave people in jail that may darn well be innocent, because I am not just going to become a depository.
- Topo Padilla
Person
A District Attorney has an ethical duty to charge only those that they can seek a conviction in a jury trial. That is an ethical duty. So when charges are not filed, it's not that they're factually innocent. It's the DA has made that charging decision. Yes, they can get their money back.
- Topo Padilla
Person
They can do a claim against the county and or the city. This thing should be in front of the insurance Committee and I pray to God it gets there. And last but not least, if we have a law enforcement problem where people are being wrongfully released, aim that at them, not at us. We're just doing our job.
- Kelly Seyarto
Legislator
Thank you for your testimony. Is there anybody else in the audience who would like to come up and express their opposition to the Bill? Just state your name, organization you represent and your opposition.
- Carl London Ii
Person
What is it on? Hello. zero, thank you. Good morning. Mr. Chairman and Members. Carl London, I'm here on behalf of. Golden State Bail Agents Association, Crime Victims United, and Lexington National Insurance Corporation, all in opposition to this Bill. Thank you.
- Carl London Ii
Person
David Quintana with the California Bail Agents Association, in opposition.
- Anthony Armstrong
Person
Anthony Armstrong, in opposition, representing many bail agents in Southern California that could not make this journey today.
- Greg Padilla
Person
Greg Padilla, 46 years bail agent, part owner of Greg Padilla Bail Bonds. Strong opposition to this Bill. Thank you.
- Bradley Fowler
Person
Bradley Fowler, McMahain's Bail Bonds. Strong opposition. Thank you.
- Carolyn Veal-Hunter
Person
I am more of a tweener. Carolyn Veal Hunter on behalf of Bail Hotline Bail Bonds, a family owned bail business with over 30 locations in California and the second largest bail bond company in California and Financial Casualty Insurance Company, the nation's largest bail bond and bail bond security company.
- Graciela Franco
Person
We appreciate and have worked with the author tirelessly through this process and we certainly appreciate her taking the amendment to ensure that the refund is based on amounts paid and not billed because that would have unwittingly, potentially put us in a position of paying back more than we had taken in.
- Graciela Franco
Person
So we appreciate the Committee amendments by the Committee as well, and the author's amendment and look forward to continuing to work with her on this Bill. But at this time, we are neutral on the Bill and removed our opposition. Thank you.
- Kelly Seyarto
Legislator
Thank you very much. Anybody else? If there's none, I'll bring it back to the dais for any comments, questions of the author. Senator Caballero, thank you very much.
- Anna Caballero
Legislator
Mr. Vice Chair, appreciate you bringing this Bill forward. But having been in the trenches around bail solutions, I just can't get it. I can't get there today.
- Anna Caballero
Legislator
This has been the subject of many bills, attempts to structure something that would work that allows individuals to get out of jail as quickly as possible, but also be responsive to the courts, which is really the purpose of bail, which is to get people to court and then propositions as well.
- Anna Caballero
Legislator
And so I'm, as I said, it can't get there. But I'm willing to give you a motion to keep this Committee going. We're all in a bunch of different committees, so we apologize if it looks like we're in and out and that we don't care. We do. It's just that we're serving on multiple committees.
- Anna Caballero
Legislator
So that having been said, I appreciate the work that you're doing on this and the negotiation you're doing with everybody. And if you can come up with a solution that I think solves what we're trying to solve for, I'm willing to support it, but I can't today.
- Kelly Seyarto
Legislator
Okay, so we do. We will have a motion. I have a question for you. What happens if the bail person does not want to post bail or give bail amount? They're not required to. It's a business. You can either do business with them or not. So what happens to the person that's seeking bail money?
- Angelique Ashby
Legislator
Are you asking? So let me make sure I'm understanding your question correctly.
- Angelique Ashby
Legislator
So when a person is arrested and taken to jail and there are some crimes in California for which you're taken to jail and then they figure it out after you get there, if that person is in jail, there are really like three ways they can get out. One is they could be released on their own recognizance.
- Angelique Ashby
Legislator
Correct. Then you. Then bail is not involved. But if there are some charges for like domestic violence is one for which you, you, you will not get out on your own recognizance. That's not an opportunity. So then the only other. There are two other ways.
- Angelique Ashby
Legislator
One is wait for your arraignment hearing, which in most of the state happens within a few days. But that could be a weekend. If you were arrested on Friday, could also be 56 days. It's not real consistent across the State of California. I worked in arraignments in Sacramento.
- Angelique Ashby
Legislator
That person would have not bailed also. They would have just stayed. So if you have no money, you have new. Don't call bail bonds person. Those are your two options. Wait for arraignment or potentially get out on or. But if you call, the third option is to post bail.
- Angelique Ashby
Legislator
And if you're quite wealthy and you have 50 or $100,000. You can do that yourself. Just take your own money out, and then they're not involved at all. That doesn't involve any of these guys. But if you're not that, which most people are not, then you call one of these folks.
- Angelique Ashby
Legislator
And by the way, Topo Padilla is a good friend of mine and as good of a bail bondsman as bail bondsman get. He's kind and honest and does this with a pure heart. A good, good man. You call him and he goes down and puts up his surety bond for you, and you pay him.
- Angelique Ashby
Legislator
And if you have a $50,000 bond, you pay him $5,000 or one of your relatives does, then you're out of custody. You go about your business. You got to go to work.
- Angelique Ashby
Legislator
They can pay. They can pay. They can pay on their own without a bail bondsman if they're rich.
- Kelly Seyarto
Legislator
Because the points that I heard from them making about, you're putting them in this position. That makes it really tough for me to get to this, because what you just said, the rich people will bail themselves out. Correct. And then the poor people don't get to bail them. Correct. And they're not going to be.
- Kelly Seyarto
Legislator
You mean they wouldn't take that? Yeah, it's. Yeah, I don't think that's a difficult Bill for me.
- Kelly Seyarto
Legislator
Because it's. It's enabling. It's going to make some people just wind up staying in, I think. So what you're suggesting.
- Angelique Ashby
Legislator
You're suggesting that the bail bondsman would then not provide Bailey for folks? Is that what you're.
- Kelly Seyarto
Legislator
I would suggest that that would probably be the position you're putting them in. I wouldn't. I wouldn't let somebody access my business if I knew I was just going to lose money.
- Angelique Ashby
Legislator
All of the taxes and fees are paid for and they make money, but they don't make as much money as they would make if this Bill didn't happen. Right.
- Angelique Ashby
Legislator
20% of what the person paid. If I pay $5,000 and then the taxes come out, then on top of that, they get 20% of that and I keep the remainder.
- Emilia Avila
Person
Yes and no. I have employees that I need to pay. I need to pay my bond costs. I Need to pay a build up Fund account. So that 20% would be go to that I would be a non profit.
- Kelly Seyarto
Legislator
Right. That's overhead. All right, Very well. Was that your close or did you want to close too? Okay. Okay.
- Angelique Ashby
Legislator
Thank you. So first of all, Senator Caballero, thank you very much for coming down and giving me a courtesy motion. I realize that given the audience in public safety right now, this Bill will probably not be determined until later when the rest of the Members are back.
- Angelique Ashby
Legislator
And I know also as Senator Caballero has explained to everyone here, Members are watching on other TVs are doing the best they can. Their staff are tracking these conversations. So I would like to make a closing statement. I did not run for office to do this Bill. This is not something that was on my to do list.
- Angelique Ashby
Legislator
But I'd like to tell you what happened to my friend. I have a good friend. Topo knows this story. He was arrested on a domestic violence charge. On domestic violence where in this state when you're arrested, somebody goes to jail. He was taken in and he needed to bail out because he has to work.
- Angelique Ashby
Legislator
Call the bail agency. He paid bail company, did nothing wrong. Everything was fine. But on Monday, when he went into his arraignment, there were no charges filed. No charges filed. Not charges filed. And later a dismissal, not a trial. And he was found innocent. None of those things. No charges were filed.
- Angelique Ashby
Legislator
He's out $5,000 for some people, many people in the State of California. And affordability is our number one topic in the Senate this year. $5,000 is rent and groceries and cart might be more income than they get in an entire month. Somebody has taken every penny.
- Angelique Ashby
Legislator
They have to get their loved one out of jail so that they don't lose a job, so that they don't lose a child, so that they don't lose custody. This Bill is so narrow, it only matters for 21 days. 21 days.
- Angelique Ashby
Legislator
If the DA says in those 21 days, dismissed in the interest of justice, dismissed, we're not pursuing the case or we're not filing charges, then you can get a portion of your money back. But you still have to pay the courts.
- Angelique Ashby
Legislator
All of that has to come out and you have to pay your bail bondsman 20% of whatever you paid. So 20% of 10,20% of 5,000. Whatever the amount was. This Bill does nothing more and nothing less.
- Angelique Ashby
Legislator
There are many things that the opposition stated are relevant to other bills that other people did, but not relevant to this one. This is incredibly narrow. So this is my ask I would say vote for this Bill.
- Angelique Ashby
Legislator
If you believe that someone who is arrested and bails out using their own money and then no charges are filed or their cases dismissed within 21 days should get a portion their money back again. The Bail bondsman gets 20% of whatever they paid, not nothing. If 20% is your overhead, that's a really high overhead.
- Angelique Ashby
Legislator
But 20% is not nothing. And the court is made whole. And there is no additional ask of the bail companies because the notice from the defendant is through the court system. You will note that there were very few people in opposition here today and very few organizations.
- Angelique Ashby
Legislator
And the largest 1-800-bond company and surety company in the state removed their opposition because we worked with them. So either we're never doing anything to help poor people who get wrongfully arrested or we're doing something like this, I respectfully ask for an aye vote.
- Kelly Seyarto
Legislator
Okay. That Bill will obviously remain on call. We're a little short staffed up here.
- Kelly Seyarto
Legislator
All right, at this time we're going to take. Senator Cortese. You have been sitting there for a very, very long time. Please come up. I know we got to keep things rolling here, so you may begin when you're ready.
- Dave Cortese
Legislator
Good morning, Mr. Chair and Members of the Committee. I'm pleased to present SB551, which formally introduces the principles of normalization and dynamic security to the California Department of Corrections and Rehabilitation, otherwise known as CDCR. The Legislature has continually affirmed California's commitment to accountability, rehabilitation and restorative justice in our prison system.
- Dave Cortese
Legislator
Despite the strides made to advance the overall purpose of CDCR to include rehabilitation, incarceration continues to have negative physical and mental health impact on correctional officers, Department of Corrections staff and incarcerated individuals. Nationally, the average life expectancy correctional officers is just 59 years old.
- Dave Cortese
Legislator
And for every year of imprisonment in incarcerated individuals, life expectancy decreases by two years. By the way, the 59 year old life expectancy of a correctional officer is 16 years less than a non correctional officer on average.
- Dave Cortese
Legislator
Although life in prison can never be the same as life in free society, of course active steps should be taken to make conditions in prison as close to normal life as possible for successful personal growth and safe re entry into society.
- Dave Cortese
Legislator
The principle of normalization finds that life inside prison should be as close to life outside of prison. Aside from the deprivation of liberty, this prepares residents to be productive and contributing Members of society, both inside and out.
- Dave Cortese
Legislator
Dynamic security is a direct, ongoing, respectful communication between correctional staff and incarcerated individuals, which reduces risks such as violent behavior, recidivism and stress. These principles are key components to the safest prisons in the world and encourage an overall healthier environment.
- Dave Cortese
Legislator
By codifying these principles, already known to and practiced by some of our prison institutions, SB551 will improve livelihoods, encourage rehabilitation, and build stronger communities. With us to testify today, I believe, is Israel Garcia from Defy Ventures. Is Israel here? Please come on up, if that's all right with the chair. Yes, that's fine. Thank you.
- Kelly Seyarto
Legislator
All right, so you are the primary witness in support of the Bill. You may begin when you're ready.
- Israel Garcia
Person
Good morning, Chair, Members of the Committee. My name is Israel Garcia and I am the Executive Director of Defy Ventures, Northern California. I am here in strong support of SB 551, legislation that takes critical steps towards humanizing our prison system and creating real pathways to rehabilitation and reentry.
- Israel Garcia
Person
According to the United States Bureau Of Justice Statistics, 95% of incarcerated people will return to our communities. If we want safer neighborhoods, we must focus on what happens behind the walls. A meta analysis of rigorous studies found that those who participate in correctional education programs are 43% less likely to recidivate.
- Israel Garcia
Person
At Defy Ventures, we see this every day. We offer intensive programs inside California prisons that prioritize human dignity, healing and personal development. And our post release recidivism rate is less than 10% for one year, far below the state average of around 20%. I've lived this.
- Israel Garcia
Person
I was incarcerated at the age of 15 and spent 25 years in prison. But through education, support and people who believed in my potential, I was able to transform. Today, I return to those same facilities as someone helping others step into their own healing and leadership.
- Israel Garcia
Person
I'm also the father of two young daughters, and like any parent, I want them to grow up in safe, thriving communities. And that starts with creating opportunities for people coming home. SB551 brings California closer to a corrections culture garnered in growth, safety and second chances.
- Israel Garcia
Person
We see these values changing lives every day through our work with entrepreneurs in training and others impacted by incarceration. For all these reasons, we respectfully urge your aye vote on SB551. Thank you.
- Kelly Seyarto
Legislator
Thank you very much. Is there anybody else who in the room who would like to at this time come up and say their support for the Bill? Just State your name, your support, your organization and little.
- Unidentified Speaker
Person
On behalf of California for Safety and justice and strong support.
- Margo George
Person
Margo George, on. Behalf of the California Public Defenders Association. And the San Francisco Public Defender's Office. In strong support.
- Joanne Scheer
Person
Joanne Schear with Felony Murder Elimination Project. And strong support,
- Liz Gutierrez
Person
Liz Blum Gutierrez, on behalf of the GRIP Training Institute and Initiate Justice.
- Unidentified Speaker
Person
In support, Blake Becker with the School. Of Justice, UCSD School of Global Policy and Strategy. And I support. Marshall Lawler, reentry attorney. Support.
- Unidentified Speaker
Person
Communities United for Restorative Youth justice and support. I'm Xochiladios.
- James King
Person
James King. Ella Baker Center for Human Rights, Smart Justice California, in support.
- Kelly Seyarto
Legislator
Last chance. All right, this time we'll go to opposition. Is there anybody who would like to speak in opposition of this Bill as a primary witness? Going once, going twice. Sold.
- Kelly Seyarto
Legislator
All right, next up, anybody who in the room wishes to come up to the microphone and express their opposition to the Bill, do so now, otherwise, we're bringing it back to the dais. Me. Would you like to close?
- Kelly Seyarto
Legislator
All right, obviously we don't have enough people to even do a. Have a motion made right now, so we will wait till they get back and then there's your motion maker. All right, hold on just a minute. We're gonna. I closed. Yes. This is SB 551. Yes. Okay. Did you want to make a motion for that?
- Kelly Seyarto
Legislator
Okay, we have a motion by Senator Caballero to move the Bill. You already closed.
- Kelly Seyarto
Legislator
Okay, that Bill will obviously remain on call. Thank you very much. Next up, we have Senator Archuleta. Looks like you have SB537, correct? Item number 11. Yeah. Which one would you like to present first? Let's do 537 first.
- Bob Archuleta
Legislator
Okay. Thank you, Mr. Chair and Members. I'd like to begin by accepting the Committee's amendments. And thank you for working on the Bill with me. I appreciate that. Today I'm presenting Senate Bill 537, as amended.
- Bob Archuleta
Legislator
The Bill allows California Department of Corrections and Rehabilitation to remand 1st and 2nd degree murders back into the custody upon a violation of parole, but only if it is first determined by the court to be in the furtherance of justice to do so.
- Bob Archuleta
Legislator
1st and 2nd degree murder murderers should be appropriately supervised on parole with the option of returning them to CDCR custody if necessary to ensure public safety. The enhancement of penal code Section 3000.01 alongside other related legislative reforms have led to unintended consequences in the Administration of parole for those convicted of murder.
- Bob Archuleta
Legislator
Senate Bill 537 seeks to address these concerns and ensure those convicted of murder face appropriate parole terms and consequences with flexibility for our court system. In 2011, CA Limited re incarceration for parole violations to a maximum of 180 days in county jail. However, those convicted of murder were excluded alongside along with sex offenders.
- Bob Archuleta
Legislator
Parole violations for inmates convicted of murder resulted in a revocation of parole and their inmates return and the inmates are returned to Department of Corrections and Rehabilitation custody. In 2020, penal code Section 3000.01 was enacted through the budget trailer process, limiting parole terms for most intermittent offenses to three years.
- Bob Archuleta
Legislator
However, this created conflicts of code sections dealing with what happens upon parole violations of a murder sentence.
- Bob Archuleta
Legislator
Initially, this conflict did not affect the Department's ability to remand individuals convicted of first or second degree murder for parole violations, and the implementation of penal code Section 3000.01 was not intended to affect their ability to remand someone convicted of those offenses. However, a recent Court of Appeals opinion, People v.
- Bob Archuleta
Legislator
Reed, held that individuals convicted of murder may only be incarcerated for a maximum of 120 days in county jail regardless of the nature of the violation, and invited the Legislature to clarify the discrepancy in code sections in their decision. Hence the need for Senate Bill 537 to clarify what happens after a parole violation by someone convicted of murder.
- Bob Archuleta
Legislator
As Such, Senate Bill 537, as amended, allows the Department of Corrections to remand a murderer back to custody upon a violation of parole, but notably only if it is first determined by the court to be in the furtherance of justice to do so.
- Bob Archuleta
Legislator
The default will remain up to 180 days in county jail if the determination is not made. The Bill is sponsored by Orange County District Attorney's Office and is supported by over 25 law enforcement agencies and groups.
- Bob Archuleta
Legislator
With me today to testify is Robert Mestman, Senior Assistant District Attorney on behalf of the Orange County District Attorney's Office and I respectfully ask for your aye Vote.
- Robert Mestman
Person
Thank you Chair and Members. And thank you Senator Archuletta, for a very excellent overview of a very complicated and complex legal issue. Just want to make a few points.
- Robert Mestman
Person
SB537 it's limited to murderers, so we're talking about convicted murderers, first or second degree and all the Bill does, it's going to allow the Department of Corrections and Rehabilitation to remand parolees who are out on parole for murder back into custody to let them continue serving their sentence.
- Robert Mestman
Person
And then they would be eligible for parole hearings every year. So after the first year and then each subsequent year, they would be eligible to a parole reconsideration hearing after remand.
- Robert Mestman
Person
This would essentially bring the law back to the what I believe is the original intent of SB118 in 2020, in fact, after that law was enacted, CDCR was remanding inmates who violated their parole or committed new offenses back into CDCR custody. It was only until 2024 when People v.
- Robert Mestman
Person
Reed came out and interpreted essentially two conflicting statutes and determined that the most recent statute applied. And because the Legislature used some notwithstanding language that it limited remand of parolee murderers to 180 day in custody.
- Robert Mestman
Person
Unfortunately, if you combine that with the limits of realignment that limited parole for murderers to three years, there's an unintended consequence where you could have a parolee who's out on murder who violates parole. They can only go back into custody for 180 days regardless of the severity of the violation, regardless of the severity of their new offense.
- Robert Mestman
Person
And then when they get out, the three year parole term has ended. That's what happened in Orange County in a recent case of People v. Cook, where a murderer violated multiple times. The parole agent filed a petition to remand him back into custody. He was remanded back into custody, but then People v.
- Robert Mestman
Person
Reed came out and said his incarceration was only limited to 180 days local time. He was then immediately released from custody. By the time he got out, his parole term had ended.
- Robert Mestman
Person
So we have a murderer who's not behaving, who's absconding, who's violating, and because of these convergence of these laws is then released to the street with no supervision and no ability for monitoring. This Bill would essentially allow parole. Who are the people?
- Robert Mestman
Person
Essentially, CDCR are the people who released the inmate to begin with to say, this person's a danger to the community, they can't be supervised, they need to go back into custody. And it gives courts the discretion and the option to remand them back into custody. There's a lot of discretion in the Bill.
- Robert Mestman
Person
Parole has discretion whether to file a violation. The court now has discretion on various consequences, including local custody or remand back into CDCR custody. So I would urge your support and I'm happy to answer any questions thank you.
- Kelly Seyarto
Legislator
Very good. Thank you. If there's no other primary witnesses will call for. Anybody in support of the Bill can come to the mic. State your name, your organization and your support for the Bill.
- Jared Moss
Person
Good morning. Jared Moss, on behalf of the California Police Chiefs Association and support.
- Catrina Ranum
Person
Good morning. Catrina Ranum, the California District Attorneys Association. I support this Bill.
- Octavio Martinez
Person
Good morning. Councilman Octavio Martinez from the great City of Whittier. I'm in support of the Bill.
- Kelly Seyarto
Legislator
Okay. Now we will move to opposition. Is there anybody who wishes to be a opposition witness? A primary witness? If there are two of you, you have two minutes each. Thank you for coming.
- Natasha Baker
Person
Good morning. My name is Natasha Baker and I am an attorney at Uncommon Law, a legal nonprofit that specializes in parole hearing representation and parole litigation. Although we appreciate the author's office for their ongoing communication regarding amendments, we remain respectfully opposed to SB 537 by Senator Archuleta.
- Natasha Baker
Person
SB 537, as amended, makes dramatic changes to parole for people released after serving a life sentence for murder. One, it removes the four-year cap on parole terms so that this group can be kept on parole indefinitely and imprisoned indefinitely for parole violations. Two, it requires judges to either sentence someone to prison or jail if they violate parole, no matter what the parole violation is. This eliminates current judicial discretion to apply sanctions commensurate with the violation.
- Natasha Baker
Person
People who are sent back to prison for a parole violation will be stuck there until the parole board grants release, which they do less than 10% of the time. This basically amounts to an indeterminate life sentence, which is an extremely harsh, disproportionate, and costly response to parole violations. Just one year in prison for one person costs $133,000.
- Natasha Baker
Person
If someone violates parole in a way amounting to a new crime, prosecutors can already seek a new conviction. And the DA Wright raised the case of People v. Cook. That's a situation where prosecutors could have sought a new conviction. They didn't need to rely on the parole revocation process.
- Natasha Baker
Person
By seeking a new conviction, that remains the proper avenue for addressing crimes as it best upholds proportionality in due process. Instead, SB 537 allows prosecutors to secure an indeterminate prison sentence without having to file new charges and prove that the person is guilty beyond a reasonable doubt. This is unacceptable.
- Natasha Baker
Person
SB 537 also undermines and complicates the current law governing parole in ways that will likely lead to lengthy litigation. Perhaps the most concerning aspect of SB 537 is that there is no discernible public safety issue that it addresses. The people this bill targets continue to be the safest to release from prison with a less than 2% recidivism rate.
- Natasha Baker
Person
This is a costly solution looking for a problem. For these reasons, I urge your no vote and I have extensive knowledge on these laws and I would be happy to answer any questions. Thank you very much.
- Tom Hoffman
Person
Good morning. Thank you for allowing me to speak in opposition to SB 537. My name is Tom Hoffman. I've served for 30 years in California municipal law enforcement with The City of West Sacramento Police Department and the City of Inglewood Police Department.
- Tom Hoffman
Person
I also served as the Director of the Division of Adult Parole Operations during the height of the overcrowding crisis in 2006 through 2009. And for the past 12 years I've been the Senior Safety Public Safety Advisor for Californians for Safety and Justice.
- Tom Hoffman
Person
We appreciate the substantive amendment to SB 537 submitted late yesterday afternoon that clarified the limitations on the authorization of judicial discretion in parole violation hearings. However, we remain concerned that the obvious intent of SB 537 continues to be the desire to return parole violators, no matter how insignificant a violation may be, to state prison.
- Tom Hoffman
Person
And with this particular population, that would very likely be a life sentence because reconsideration parole hearings are approved less than 6% of the time and they go on an annual cycle. So that's what we're contemplating. A parole revocation process that prioritize incarceration in state prison for parole violations has been tried before in California.
- Tom Hoffman
Person
This was the status quo, unfortunately when I was the head of parole. And frankly, it makes our communities less safe. It increases recidivism and was responsible in no small part for the overcrowding problem. Prior to AB 109, we were returning about 65,000 people a year into our state prison system on parole violations.
- Tom Hoffman
Person
Many of them, most of them for nothing more than what's called a technical violation, a non-criminal violation of the rules. Most of them were sentenced to less than four months in custody. You can't get through the evaluation process to see where you're going to be sent. In our system, anything less than about 100 days.
- Tom Hoffman
Person
That in itself destabilized this entire population, overcrowded our prisons, and drove us to the litigation that we're all, I think, very familiar with. It was one of the primary impetus for AB 109. We need to be guided by the facts.
- Tom Hoffman
Person
Yes sir, I am. We need to be guided by the facts, not fear and emotion. The fact is the identified population has been thoroughly evaluated by the board parole hearings after serving decades in custody prior to their release and have been deemed not to present an unreasonable risk. This population, in part because they are substantially older than others that we send through the process, recidivated rates in the 2 and 3% range. Let's not pretend that we know a policy that we know to be a failure of epic proportions has now suddenly become of the long-awaited solution to our problem. I urge a no vote.
- Kelly Seyarto
Legislator
All right, anybody else who would like to speak in opposition to the bill, please come on up to the mic. State your name, your organization, and your opposition.
- Edward Little
Person
Ed Little, on behalf of Californians for Safety and Justice in respectful opposition.
- Aubrey Rodriguez
Person
Aubrey Rodriguez with ACLU California Action in strong opposition.
- Anna Camino
Person
Ana Camino with UC Irvine Underground Scholars in strong opposition.
- James Lindburg
Person
Jim Lindburg, Friends Committee on Legislation of California, strongly opposed.
- Joanne Scheer
Person
Joanne Scheer on behalf of Felony Murder Elimination Project. We strongly oppose.
- Margo George
Person
Margo George, on behalf of the California Public Defenders Association. We thank the author and the committee for working with us on the amendments. We are opposed as amended, unless amended, but we're in the process of reviewing the amendments. But thank you for the work.
- Liz Gutierrez
Person
Liz Blum-Gutierrez, on behalf of Los Angeles Defensa, Initiate Justice, and the Los Angeles County Public Defenders Union Local 148, in opposition.
- Emily Harris
Person
Emily Harris, on behalf of Uncommon Law and Californians United for a Responsible Budget, in opposition.
- Kalia Ashley
Person
Kalia Ashley with Underground Scholars Initiative at UCLA in strong opposition.
- Barbara Chavez
Person
Barbara Chavez with the Ella Baker Center for Human Rights, and we oppose.
- Xochitl Larios
Person
Xochtil Larios with Communities United for Restorative Youth Justice in opposition.
- Andrew Guzman
Person
Andrew Guzman with UC Berkeley Underground Scholars in opposition.
- Unidentified Speaker
Person
[Unintelligible] with UC Berkeley Underground Scholars in opposition.
- Kelly Seyarto
Legislator
Okay, looks like we have nobody else scrambling to the mic, so we will bring it back to the dais for either one of us. Do you have any comments, questions for the author?
- Sasha Perez
Legislator
I do, actually. I have several, I think, comments and questions. So first and foremost, I think I would. I'd love to hear the opposition explain a little bit more about, you know, what some of those technical violations are and what they could look like.
- Sasha Perez
Legislator
I mean, because I think, you know, my concern is sending folks back, you know, to state prison for really, like, minor issues and potentially, you know, for a lifetime. I mean, I think that's very serious, and I want to make sure that we're having a very clear conversation about that. But can you talk with us about what some of those technical violations are?
- Tom Hoffman
Person
The technical violations, when a person comes out on parole, they are given what's called the terms and conditions of parole. And in that process, frequently the terms and conditions of parole will identify somewhere around 50 specific actions you cannot take or must take every day.
- Tom Hoffman
Person
And it can be as simple as you can't speak to so and so. You have to be gainfully employed. You must report, ask us to drive 50 miles or more from your house. You have to report for counseling sessions. They're not. There are events or violations that you and I would never be arrested for.
- Tom Hoffman
Person
Can't be arrested for non-criminal events. Prior to AB 109, the maximum term for a parole violation, not the conviction of a new crime, was 12 months. The vast majority of people, as I said, were in about four months. And that process that was, as we've all heard, the churning of people through our system was caused by parole violating around 66,000 people a year to do this.
- Tom Hoffman
Person
The vast majority on technical violations was my experience that because the technical parole violation process has a much lower threshold of a burden of proof than the criminal proceeding and they got about the same result, people going back into state prison for a long period of time, it was an overused option by the legal arm of the criminal justice system.
- Tom Hoffman
Person
I think it's no mistake that this population and this population really hear this uniquely so is much older because you know, you don't get before the parole board for 15, 20, 25, 30 years for a charge like that. And the parole board really is in the business of saying no.
- Tom Hoffman
Person
You know, we're in contact with somebody right now. They were denied nine times. And when they were finally approved, that approval rate is only about 15, 16%. And if we do this, that's going to trigger what's called a reconsideration process. They get an annual try at that. Around 6% of those people are approved.
- Tom Hoffman
Person
So the severity of the punishment is just absurd. I mean, let's be clear. Any thought of releasing a murderer shocks the conscience of lots of people. I don't think there's any accident. The author and others have chosen that crime because it's scary.
- Tom Hoffman
Person
But the truth is because they're in custody for so long, I mean, think of what 25 or 30 years would do for people in custody. I mean, you come out, you are not a street crime criminal anymore and you're not the same person generally speaking. Certainly the ones that go through the board and get released that you were when you were arrested.
- Kelly Seyarto
Legislator
Mr. Hoffman? I kind of need you to just stay on her question itself. What were the technical amendments or the technical issues? And I think you covered that well. But I appreciate.
- Natasha Baker
Person
Just to add briefly as a couple of other examples, in the pre SB 118 era when people were being automatically remitted on volume violations. Just want to give a couple examples, the People v. Wiley case, someone was sent back indefinitely for curfew violation. So curfew violation is an example.
- Natasha Baker
Person
We've also been in touch with someone who went back for two dirty tests. So it can be dirty tests, it can be curfew. If you don't report new employment within a certain number of days, new housing within a certain number of days, you miss an appointment with your parole officer. Those are some examples of those technical violations.
- Robert Mestman
Person
May I just make one comment on that. The amendments the Senator has taken addresses those concerns and gives the court discretion. The court doesn't have to remand back into custody. The court has discretion to reimpose parole conditions, release the person back on parole, give them local custody time, or if it's in the furtherance of justice, remand into custody. So that's what the amendments do, is to address those concerns.
- Sasha Perez
Legislator
So I'm looking at the amendments and my understanding, and I want to make sure that I'm clear on what you're trying to do here, is that the amendments, it allows the court the discretion, whereas before it was actually directing the court that they must do this. And so now it's giving the judge the ability. But the judge could still send somebody back to life in state prison for a small infraction, is that not correct? Under this current law?
- Robert Mestman
Person
Yes. If the court, first of all, if the parole authority files the violation. And also. So that's the first step. And then the second step is the court would have to find it's in the interest of justice to do so. They could then remand the person back for a violation of parole.
- Robert Mestman
Person
But it's not, I would disagree that it's a lifetime commitment back into prison. They'd be eligible for a parole hearing every year. So every year they would go in front of the parole board, and the parole board would then make a determination if they're in danger to public safety.
- Sasha Perez
Legislator
You know, I think for me, I understand the intent and I. Senator Archuleta, I think I understand your vision of what you're trying to do here, which is to. You're trying to look at those that are committing, like, egregious violations. I don't think you're looking to go after folks that are doing these kind of small things.
- Bob Archuleta
Legislator
You're absolutely right, Senator. When we talk about minor violations granted in the past, that is what happened. Not showing up for your meetings, not getting a job, walking away from it, abusing a spouse or whatever it might have been today's world.
- Bob Archuleta
Legislator
Now with this bill, that parole officer, your supervisor is going to sit down, counsel you and advise you that you know, if you continue doing this, you will go before the judge. So as I understand it, there's multitude of violations before you'll get to the judge because there's a one-on-one relationship as we've heard.
- Bob Archuleta
Legislator
And if in fact that happens and he is given over to the judge, the judge again has discretion whether to send him back. And if he does, remember it's 180 days in the county jail and the parole time will continue. It doesn't start over again. It continues.
- Bob Archuleta
Legislator
So this amendment and lots of amendments that we've been working with the opposition is to finalize exactly what we're trying to do is to mesh the past with today so we don't find ourselves being abusive, being vindictive or even punitive because we understand that there are violations that are minor that don't classify them as going back to court.
- Bob Archuleta
Legislator
And that's what it does. But it is. And remember, we're only talking about 180 days if it have up to. So it could be a lot less. But we've got to address the issue. The State of California, the general public is looking for us as you've done, all of us have done and we've listened. We are working on laws pertaining to fire. We're listening on laws pertaining on looting, smash and grab. We're listening to the general public.
- Bob Archuleta
Legislator
And the general public is saying, okay, let's do something about this, but do it with some justification, giving it to the court if we have to, making sure that be reasonable when it comes to violations, minor violations. And we're doing that. And that I think would clarify that.
- Bob Archuleta
Legislator
But again, the bill, Senate Bill 537 is to clarify what happens in a parole violation. That's what it's trying to do because we've had so many. And now it'll come down to everyone knows exactly what we're doing, operating out of the same playbook.
- Sasha Perez
Legislator
So, and just so I'm clear right now, under the current system that we have in place, when somebody violates their parole and commits another crime, is there not a system in place to already hold that person accountable? And what is that system? What does that currently I'd love to.
- Sasha Perez
Legislator
That question is for the support. And then I'd also love to hear from the opposition just a quick minute.
- Robert Mestman
Person
Sure. I mean if someone commits a new crime, they can be prosecuted, but you could be a relatively a lower level misdemeanor that maybe is punishable by going 90 or six months in jail. Low-level drug possession offense, a DUI, which is, you know, you could have a murderer who's released for what's called a Watson murder where they killed somebody from driving drunk, they could commit another DUI. I would view that as a very serious offense in that situation.
- Robert Mestman
Person
That person's maximum custody time would be six months in jail, where they would get halftime, be out in three months. And under current law, parole would have their hands tied and would not be able to remand that person back into custody. And they clearly would be a danger to public safety.
- Robert Mestman
Person
So the answer is yes, there are criminal penalties, but under lower-level offenses, they're limited. And there could be someone who parole views as a danger to public safety that they want remanded back. And under current law, they can't do that.
- Robert Mestman
Person
This just gives discretion to both the parole authority and the court to basically make the punishment fit the crime. If it's a lower level violation, a technical violation, the court would have authority just to reimpose conditions, maybe give them some time local.
- Robert Mestman
Person
If it's a serious violation or they're committing new offenses and they're a danger to public safety, the parole authority, again, these are the same people that released them, right? CDCR is the one that said we're releasing you. These are the same. It's the same entity now that's saying, we made a mistake, this person should go back into custody. They're a danger to public safety and they need to earn their parole again.
- Natasha Baker
Person
So I just want to respond to a couple of points. One, just to address the point about different violations, the way that the bill is written as right now does not distinguish between technical or more serious violations. And as written right now, and I appreciate the author's office, we've been in active dialogue that currently is written, it's undermining that judicial discretion by only providing the options of prison or jail. And I don't think that was intentional.
- Natasha Baker
Person
But as it is right now, it's eliminating the discretion that judges currently have to modify conditions to change plans. Right now the only options are prison or jail. So I just want to address that. And then also in terms of addressing concerns for violations, again, the overall recidivism rate for people coming out of CDCR is around 40%. This population is about 2%. They have the lowest recidivism rates to begin with. They're very safe population that is being released. And this is CDCR data. This is not our own data in that.
- Natasha Baker
Person
And so if someone violates parole, not only can they get the penalty for the parole violation, but as the DA's mentioned, new charges can be filed and whatever those penalties are are already in our penal code. So the person is getting penalized both for the parole violation as well as the new conviction. We haven't heard that existing tools are not sufficient, and there isn't a public safety crisis that this is actually responding to.
- Kelly Seyarto
Legislator
Okay, we're going to have to wrap this up because we got about 20 minutes before we have to go on recess. So if you have any other questions.
- Sasha Perez
Legislator
No, that's it. I want to thank both the opposition and the support for answering those questions, because this is one that I had a lot of questions about. I am the only other person here today. So, you know, Senator Archuleta, I'm going to go ahead and move the bill, but I'm going to stay off the bill for now. And that is because I think that there's still some work to do here around addressing that piece.
- Sasha Perez
Legislator
And as was mentioned before, I think, you know, for smaller infractions, providing just it's a prison or jail, and I know that's not what you're trying to get at. I think further narrowing it, what you just mentioned, which is a case where you have somebody that's, you know, committing a DUI, you know, after being released.
- Sasha Perez
Legislator
Those are the kinds of issues I want to see us addressed. I think these crimes that we hear so many of our constituents concerned about. But these smaller infractions, somebody missing, you know, their AA meeting. Right. Or going to therapy. I mean, that I don't, I don't think that that's, that's reasonable to include.
- Sasha Perez
Legislator
So I appreciate and value that you're working with the opposition. I think you guys are almost there. So I think there's a little bit more work to do here. But I'm going to move the bill so we can move this along and appreciate all the work that you've done this far.
- Kelly Seyarto
Legislator
Thank you. All right, very good. And with that, you may close.
- Kelly Seyarto
Legislator
That bill will obviously remain on call. Next up, Senator Archuleta, you have SB 759. Go ahead.
- Bob Archuleta
Legislator
Okay, thank you. I'll allow my witnesses to come forward and clear the table if we can.
- Kelly Seyarto
Legislator
All right. And we do have to wrap up here for the first part of our Public Safety meeting in about 20 minutes. So when we are testifying, let's try and keep our comments succinct and brief.
- Bob Archuleta
Legislator
Good. Like many of our bills, they're close to the the heart, as you know. And this one is close to my heart because it's in my district, as the fires were in your district. And but again, I want to thank you, Mr. Chair and Members. Senate Bill that I'm presenting now is Senate Bill 759 is a reintroduction of AB 1408, which is the Calderon bill from 2017, and my bill, Senate Bill 1262 from last year. Both were introduced in direct response to the shooting death of Officer Keith Boyer of the Whittier Police Department by an individual on post-release community supervision.
- Bob Archuleta
Legislator
The community of Whittier continues to mourn the February 20, 2017 fatal shooting of Whittier Police Officer Keith Boyer and his partner, Whittier Police Officer Patrick Hazell, who was also shot and wounded. It was the first killing of a police officer nearly 40 years in the City of Whittier.
- Bob Archuleta
Legislator
Officer Boyer's death not only impacted the City of Whittier, but resonated with cities and towns across California, highlighting the need for effective management of individuals on post-release community supervision. This measure would ensure law enforcement agencies have the necessary comprehensive information regarding those on post-release community supervision in their cities and counties.
- Bob Archuleta
Legislator
Enhancing oversight and transparency within the post-release community supervision would help all law enforcement agencies to be successful in facilitating the transition for formerly incarcerated individuals back into the community and community life.
- Bob Archuleta
Legislator
This is a reasonable approach intended to mitigate the opportunity for additional tragedies from occurring by closing some of the loopholes that allow repeat offenders who deliberately abuse the system. Senate Bill 759 implements five basic reforms.
- Bob Archuleta
Legislator
Number one, the California Department of Corrections and Rehabilitation would be mandated to provide a local law enforcement agency with copies of a person's record of supervision during any period of parole. Number two, it increases information sharing between the state and the county regarding the criminal history.
- Bob Archuleta
Legislator
Number three, it requires consideration by an individual's entire criminal history by the Parole Board. Number four, requires a probation department to notify the court, public defender, district attorney, and sheriff of each of the flash incarcerations required by individual to spend a brief period of time in county jail.
- Bob Archuleta
Legislator
Lastly, it requires county probation departments to seek a mandatory post-release community supervision hearing for third violation and if a new crime is committed. The Intent of the bill is not to incarcerate individuals who are complying with the terms of their release.
- Bob Archuleta
Legislator
Our goal is to provide an extra layer of oversight to prevent another tragedy from occurring, such as a tragedy in Whittier. Voters overwhelmingly support accountability and oversight for repeat offenders. This bill, the bill focuses on individuals who continue to disregard and abuse the system.
- Bob Archuleta
Legislator
Senate Bill 759 prioritizes accountability to prevent repeat offenders on post-release community supervision and needed oversight information to ensure the appropriate persons receive this type of release. All which are testament to the lessons learned from the tragic loss of Officer Boyer. And I feel strongly I can achieve that goal working with all of you. Here with me in support of the bill is the Mayor of the City of Whittier, Joe Vinatieri. And I respectfully asked for your aye vote.
- Kelly Seyarto
Legislator
Thank you very much. Mayor, you got two minutes. Both of you testifying. Okay. So go ahead, sir.
- Joe Vinatieri
Person
Excuse me. Good morning, Mr. Chair and Members. My name is Joe Vinatieri, and I'm the Mayor of the City of Whittier. And we're saddened to even have to be a sponsor of this bill. Candidly, we're saddened because the need for this bill resulted from a very significant tragedy in our community in 2017.
- Joe Vinatieri
Person
As the Senator said, Officer Keith Boyer was tragically taken by an individual on post-release community supervision, PRCS, and his death was a very devastating loss to our community, not only to his family and our police department. And this is not the only officer whose death has resulted from an individual on supervised release.
- Joe Vinatieri
Person
We lost Los Angeles County Sergeant Steve Owen in Lancaster. We lost Officer Gonzalo Carrasco Jr. with the Selma Police Department, and we've had several others in the State of California. So this is a statewide issue. The bill doesn't take a punitive approach. It takes a practical approach.
- Joe Vinatieri
Person
It helps protect communities while maintaining the integrity of the reentry and the rehabilitation goals. The measure would strengthen communication between state and local law enforcement agencies and increase accountability for individuals on PRCS who continue to violate those terms of the release and then reoffend. Accountability, transparency are not in conflict with second chances.
- Joe Vinatieri
Person
In fact, they're essential to keeping communities safe and successful. For our community, SB 759 is more than just a public policy change. It's a step toward healing, ensuring that the lessons learned from Officer Boyer's death result in meaningful reforms that protect other officers and their families.
- Joe Vinatieri
Person
We owe it to Officer Boyer and to all officers in California to do everything possible to prevent such a tragedy from happening ever again. I urge your aye vote on this common sense, life saving measure that reflects the hard earned lessons of the past and strengthens our commitment to public safety moving forward.
- Joe Vinatieri
Person
And I really very much appreciate your time and consideration. I'm going to go off script. Officer Boyer was approximately two years from retirement when this happened. So this was a very, very tragic thing for many, many people. So thank you for the opportunity to speak this morning.
- Kelly Seyarto
Legislator
Thank you very much. I remember it well because I used to work over the hill in Hacienda Heights. So, next step, do we have anybody else who would like to support the bill? Come up to the microphone. State your support for the bill, name, organization, and support.
- Jared Maas
Person
Good morning. Jared Maas on behalf of the California Police Chiefs Association in support.
- Zachary Cefalu
Person
Zach Cefalu with the League of California Cities in support. Thank you.
- Kelly Seyarto
Legislator
All right, at this time we'll take opposition primary witness. Anybody want to come up and speak as a primary witness in opposition? Come on up, sir. Have a seat. Are both of you going to be testifying? You got two minutes each. Don't get mad when I interrupt at two minutes.
- James King
Person
Good morning, Honorable Vice Chair, Members of the Committee. And thank you for the opportunity to speak today. My name is James King. I'm Director of Programs with the Ella Baker Center for Human Rights in respectful opposition to Senate Bill 759.
- James King
Person
I want to start by acknowledging that I understand our shared desire to keep our community safe and empathize with this tragedy that occurred many years ago. Thank you for sharing. But having been incarcerated and served time on supervised release, I've witnessed firsthand how policies like SB 759 do not make us safer, they just perpetuate cycles of harm.
- James King
Person
Many years ago, I was on supervised release and I was also struggling with drug addiction. Six months before I was scheduled to be discharged from supervised release, I tested positive for marijuana. The probation officer would have been within her rights to violate me and send me back to prison.
- James King
Person
Instead, she told me her goal was to get me to the finish line and offered me an alternative plan. For the next six months, I tested frequently, attended a drug counseling class five days a week, and thanks to the second chance, the support I needed to stay sober, and the accountability aspect, I was able to successfully complete my supervised release. And I've been sober for over two decades since.
- James King
Person
SB 759 would require probation departments to petition for revocation after three technical violations and a new misdemeanor. Similar to what we discussed a little earlier, technical violations can really look like the person whose GPS monitor died because they couldn't find a place to charge it.
- James King
Person
It's someone who misses a meeting because the bus was late or it's arriving home after curfew because your shift ran long. And those misdemeanors, they can be as minor as possessing drug paraphernalia, which is a sign someone needs treatment, not incarceration. The people impacted by this bill are our neighbors trying to rebuild their lives.
- James King
Person
And when we send someone back to jail for these minor violations, they lose their jobs, their housing, their connection to family. Each time we do this, we make it harder for them to succeed, not easier. I've seen people who were doing everything they could to stay on track, but one small mistake snowballed into losing everything they'd worked for. That doesn't make our community safer. It destabilizes lives and families.
- James King
Person
Yes, sir. People coming home from incarceration need a real chance to succeed, not a system designed to catch them in technical missteps. I believe SB 759, despite its intentions, would make it more difficult to achieve our shared goals of successful re-entry and community safety.
- Jason Chico
Person
My name is Jason Chico, and I am honored to serve as an Underground Scholars Ambassador for UC Irvine. I stand before you today to respectfully oppose SB 759, a bill that, in my experience, would further hinder the rehabilitation of individuals like myself who are striving to rebuild our lives after being incarcerated. I want to share part of my story, specifically during my time on parole, when I faced multiple technical violations that deeply impacted my progress.
- Jason Chico
Person
These violations were not because I committed any violent or criminal act, but due to a misunderstanding or minor issues that, in my opinion, shouldn't have been considered violations in the first place. For example, one violation I received was for having a steak knife in my room. The steak knife was in my possession simply because I was using it to eat my dinner in the privacy of my own room. It became a violation that led to my incarceration.
- Jason Chico
Person
Another violation occurred when officers found a childhood photograph and drawing that I had of myself in my neighborhood during a parole sweep. These items had sentimental value to me that represented by past and journey. Yet they were considered a violation because they were deemed inappropriate by parole standards.
- Jason Chico
Person
As a result of these technical violations, I had to serve time. This experience was not just about losing my freedom. It was about losing the opportunity to continue my education, to build a future, and to contribute positively to society. Emotionally, these violations crushed any sense of hope I had left.
- Jason Chico
Person
I started to feel like no matter what and how much I worked to turn my life around, the system would continue to find reasons to keep me from succeeding. Despite these setbacks, I pushed forward, finding strength in education, in the support of my peers, and in the belief that I could create a new path for myself.
- Jason Chico
Person
I ask you to consider the human impact of bills like SB 759. We are people, not just numbers in the system. We deserve the chance to move forward, to learn, and to grow. I've learned through my journey that rehabilitation is about second chances, not about being stuck in an endless cycle of punishment. Thank you for your time and consideration.
- Kelly Seyarto
Legislator
Thank you very much, sir. You're right there at two minutes. Perfect. All right. Anybody else who would like to come to the microphone, express their opposition to the bill, may do so at this time. Name, organization.
- Margo George
Person
Margo George on behalf of the California Public Defenders Association in opposition. Thank you.
- Aubrey Rodriguez
Person
Aubrey Rodríguez with ACLU California Action in adamant opposition.
- Ignacio Hernandez
Person
Ignacio Hernandez on behalf of the California Attorneys for Criminal Justice in opposition.
- Anna Camino
Person
Ana Camino with UC Irvine Underground Scholars in strong opposition.
- James Lindburg
Person
Jim Lindburg, Friends Committee on Legislation of California, opposed.
- Mynor Mendez
Person
Mynor Mendez, UCLA Underground Scholars Initiative. We strongly oppose this bill.
- Barbara Chavez
Person
Barbara Chavez on behalf of the Ella Baker Center for Human Rights, and we strongly oppose.
- Xochitl Larios
Person
Xochtil Larios on behalf of Communities United for Restorative Youth Justice in opposition.
- Joanne Scheer
Person
Joanne Scheer on behalf of Felony Murder Elimination Project in strong opposition.
- Kelly Seyarto
Legislator
Okay, that looks like we've exhausted a list of people coming up to the mic, so it brings it back to the dais. Do you have questions, concerns you'd like to address? Are you good?
- Sasha Perez
Legislator
No, I, you know, I was looking through this, the bill, and, you know, see here, Senator, that you included, you know, this is something that is utilized if someone violates the terms of their release three times and has also committed a new felony or misdemeanor. So there's kind of steps added into this so that it's not immediate.
- Sasha Perez
Legislator
Someone has to violate three times, they have to commit a new felony or misdemeanor. You know, so I think this is, you know, this is definitely something where you've added in some additional things. So we're not just looking at those small infractions. So appreciate that. I'll go ahead and move the bill and we'll be voting on it.
- Kelly Seyarto
Legislator
Thank you. You want to close in a minute? Include that in your closing.
- Kelly Seyarto
Legislator
So. I was going to comment. Real quick. So I'm supporting your bill. And you know, I think one of the things that's getting lost in a lot of our conversations both with parole and with post-release supervision, is that there are a lot of people that are successful in that.
- Kelly Seyarto
Legislator
And the reason is, and that's the reason for this is because it's their trial of going out into the community. And the reason they have that supervision is to try to keep them from going off the rails and being successful. And so, yes, there are rules that they need to follow.
- Kelly Seyarto
Legislator
And if they don't follow the rules, there's a probation officer or somebody else who is supervising them that will help them get on the rails. But if they're committing more crimes, obviously there's an issue. And so I think your bill is trying to address that.
- Kelly Seyarto
Legislator
So we don't have, you know, more tragic incidents like that or the strangling of a four year old from somebody who was on post-release. So those type of incidents lead me to support a bill like yours because I think it is tailored just for those situations also. So with that, you may close. Thank you.
- Bob Archuleta
Legislator
Thank you. Well, Senator, I just want to point out, I started off by saying, but it touches my heart. I served with the Montebello Police Department. When I put on that uniform, my partner put on that uniform, we left our children behind, our families behind, and we out and did what we did.
- Bob Archuleta
Legislator
Earlier today, I mentioned the firefighters and what they've done to protect us. You knew that. This bill hits home because of all law enforcement. We've lost a brother and another one was wounded. I met his mother and father at a banquet. I didn't know what to say but offer my condolences. The point we're making here is that we want agencies to interact and communicate. It has nothing to do with the prior bill. This is just this one.
- Bob Archuleta
Legislator
It's a communications bill that says that let's get Montebello PD and the county sheriff and the Pasadena Police and everyone to communicate when someone is out, especially someone with a terrible history. And they just want the information. It has nothing to do with anything else. So this is just an information oriented bill that may stop tragedy.
- Bob Archuleta
Legislator
Maybe that day, if we had had the information, maybe somebody could have knocked on that individual's door before he shot and killed and a police officer. But understand this, if the Mayor would indulge me for a minute, didn't he violate something else? What did he do? Would you explain to the Senator?
- Joe Vinatieri
Person
I'm sorry. He violated five times, flash incarceration, and the fifth time, two weeks later, he killed his cousin that morning and killed Keith Boyer.
- Bob Archuleta
Legislator
Which is not relevant because it has to do with communications. Had we known, maybe we'd have saved it. But here he killed his cousin, went down and was stopped in a traffic accident. A traffic incident, and killed a police officer and shot his partner. Maybe we could have saved that just by communicating with one another. That's what this does. So I urgently ask for an aye vote.
- Kelly Seyarto
Legislator
Thank you for that. With that, we do have a motion by Senator Perez. And call the roll.
- Committee Secretary
Person
SB 759, Archuleta. Motion is do pass to Appropriations. [Roll Call]
- Kelly Seyarto
Legislator
All right. That bill will remain on call. And now we are going into recess, and we will be reconvening at about 1:30 or so. Thank you.
- Jesse Arreguin
Legislator
Okay. The committee is back in session. We do not have Senator Umberg present. So I'm going to ask that we go out of order to file item 20, which is my bill, Senate Bill 692. And I see Mr. Ray Du is here. Okay. And I think there's one more witness coming in, but we can begin.
- Kelly Seyarto
Legislator
All right. Welcome to the afternoon session of public safety, everybody. Our first item is going to be item number 20. That's SB 692 by Senator Arreguin. Welcome to your committee, sir. You can begin when you're ready.
- Jesse Arreguin
Legislator
Well, thank you very much, Mr. Vice Chair, and thank you for the opportunity to present Senate Bill 692. This bill would authorize local governments to adopt an ordinance for the abatement and removal of abandoned and inoperable vehicles.
- Jesse Arreguin
Legislator
These vehicles are significant issue in California, which are creating public health and safety concerns in cities and counties throughout the state, including in my district in the City of Oakland, which is the impetus for this bill.
- Jesse Arreguin
Legislator
In many cases, these vehicles are in such poor condition and pose serious health and safety risks, which results in local towing companies refusing to even take them. The current vehicle code prohibits local governments from addressing imminent health and safety hazards regarding these vehicles.
- Jesse Arreguin
Legislator
This bill would also apply to local governments that are operating a vehicle buyback program to expedite the removal of vehicles that were formerly used as shelter.
- Jesse Arreguin
Legislator
This is critical because when an individual experiencing homelessness is moved indoors, these abandoned or inoperable vehicles remain on the street and need to be addressed in every instance in which a vehicle would be removed.
- Jesse Arreguin
Legislator
The bill requires adequate noticing and due process requirements, such as allowing for a hearing unless the vehicle owner voluntarily waives those requirements by signing a waiver.
- Jesse Arreguin
Legislator
Moreover, should a vehicle be subject to removal for urgent health or safety reasons, local governments are still bound by the noticing and due process requirements under local and state fire, health and safety codes. Experience in research has shown that individuals living in vehicles often decline housing and other resources for fear of losing their largest asset.
- Jesse Arreguin
Legislator
SB 692 would help remove vehicles that are formerly used as shelter, while at the same time help remove vehicles that are posing a health and safety risk in our local communities. And with that, we have two witnesses to testify and support this bill.
- Jesse Arreguin
Legislator
I'm honored to have the Mayor of the City of Oakland, the Honorable Kevin Jenkins and Peter Radu, assisting the City Manager for Neighborhood Services at the City of Berkeley. And turn it back over to you, Mr. Chair.
- Kelly Seyarto
Legislator
Welcome to the witnesses. Whichever one of you would like to go first. You can go first and be two minutes, and then the other person will have two minutes as well.
- Peter Radu
Person
Thank you, Senator. My name is Peter Radu. I work for the City of Berkeley, and in my capacity, I oversee homeless policy as well as encampment management and response. We are intermittently familiar with the very unique challenges that are posed by vehicular homelessness.
- Peter Radu
Person
It's important to note that vehicular homelessness is actually the most common form of homelessness in Alameda County. More people live in vehicles than they do even in emergency shelters. So this is a very widespread issue. It is my team's experience. This is corroborated by emerging research that these folks oftentimes do not even consider themselves to be homeless.
- Peter Radu
Person
They have shelter in the form of their vehicle. And so it is not surprising that the resources that we have to offer them, largely funded by HAPP or ERF, for example, they're not interested in because they're not considered. They don't consider themselves homeless.
- Peter Radu
Person
Berkeley has a very successful record of using state ERF funding to address our largest and most complex encampments. And we recently used ERF3 to pilot an RV buyback program that Senator Arreguin mentioned with the understanding that people living in these vehicles would be offered $175 per linear foot for their vehicle in exchange for two very important things.
- Peter Radu
Person
One, a shelter offer and an agreement to move into that shelter, and number two, an agreement that the vehicle would be removed from the street, and at the point of removal is when they would receive the full balance of their payment. We found that in the.
- Peter Radu
Person
Of the 21 of the occupants of the 21 vehicles that we originally counted in our census living in this encampment, 20 out of them, all but one, voluntarily accepted this program, moved into shelter. This was after years of reaching out to this population and having them decline previous offers.
- Peter Radu
Person
This is what tipped the balance for them and voluntarily gave us the authority or told us that we as a city could remove their vehicle. However, the city ran into numerous problems removing these vehicles from the street.
- Kelly Seyarto
Legislator
You're going to have to sum those problems up in, like, about 10 seconds.
- Peter Radu
Person
Absolutely. They were being refused by the tow companies for health and safety reasons. They were quartered with too many possessions. They were in very poor condition, or there was just simply not lot space at the impound yard. And so SB 692 would give us the authority to.
- Peter Radu
Person
For these very rare instances where a vehicle formally uses shelter Is no longer there to send it straight to dismantlement, honoring the very important due process requirements mentioned by the Senator.
- Kevin Jenkins
Person
Honorable Members of the Public Safety Committee, thank you so much for having me. My name is Kevin Jenkins. I happen to serve as the mayor of Oakland, and I'm in here in full support of 692. In Oakland and across California, abandoned and inoperable vehicles have become a serious and growing concern.
- Kevin Jenkins
Person
These vehicles not only contribute to public health risk, but also present ongoing public safety issues. One of the significant side effects of these abandoned vehicles is illegal dumping, which has escalated every year in Oakland since 2017. And the data speaks for itself.
- Kevin Jenkins
Person
So in just the first half of 2024, Oakland received approximately 56,000 service requests for legal trash pickup, and that's a 20% increase year over year from 2023. In 2023, the City of Oakland collected 20,000 tons of illegally dumped material averaging about 3.5 pounds per resident.
- Kevin Jenkins
Person
That same year, we received 20,000 service requests related to abandoned vehicles and managed to tow approximately 2,500 of those. So despite our best efforts, I'm here to say we need help. Homelessness is another major issue that is challenging the City of Oakland. Oakland has adopted a multifaceted approach in addressing homelessness.
- Kevin Jenkins
Person
Between 2021 and 2024, Oakland has closed 537 homeless encampments, yet there's still 1500 remaining. Tackling the crisis has required coordinated efforts with public health professionals, and vehicles remain often used as shelter.
- Kevin Jenkins
Person
Many of these vehicles are in such poor condition that local tow companies refuse to accept them, and they're unsafe to tow because there is not enough space to accommodate them. So I realize I have 46 seconds. I will. Enacting this ordinance to abate and remove abandoned vehicles and inoperable vehicles with clear procedures is imperative.
- Kevin Jenkins
Person
We need to implement buyback programs and vehicles used as shelter and pair them with interim and permanent housing. Thank you so much, committee.
- Kelly Seyarto
Legislator
Thank you very much. Is there anybody else in the room who would like to express their support for this bill? Come up to the mic. State your name, your organization, and your support.
- Brandon Knapp
Person
Good afternoon. Brandon Knapp with the Bay Area Council in support. Thank you.
- Zachary Cefalu
Person
Good afternoon. Zach Cefalu with the League of California Cities in support. Thank you.
- Carlin Shelby
Person
Good afternoon. Chair Members. Carlin Shelby on behalf of the City of Concord in strong support. Thank you.
- Kelly Seyarto
Legislator
Okay, if there's anybody else. Nobody else. All right, we're going to go to opposition. If there's anybody who would like to act as the lead opposition witness. You can come up and you've got two minutes. If there's two of you get two minutes each. Welcome and welcome back.
- Asher Waite-Jones
Person
Hello. Asher Waite-Jones, on behalf of the Western Center on Law and Poverty, we remain in opposition to this bill for three reasons in particular. First, we believe that women and children, as well as people over 60, folks on SSDI and state disability, are disproportionately vehicularly housed.
- Asher Waite-Jones
Person
And we have concerns about the about the impact of this bill on those particularly vulnerable communities. We worry that the abatement of those vehicles would push these particularly vulnerable families further into poverty and into entrenched homelessness. Second, we have some concerns about the notice provision in SB 692 is amended.
- Asher Waite-Jones
Person
The notice provision is pretty short, not giving families enough time to contest or to get help legal assistance to contest the summary abatement of their vehicle. We're also concerned about the owner waiver. The bill provides that the title holder of the vehicle can waive the notice requirements for many homeless folks.
- Asher Waite-Jones
Person
For many low income folks, the owner of the vehicle or the occupant of the vehicle and the title holder is not the same person. And we have some concerns that people who actually have the vehicle would not be noticed.
- Asher Waite-Jones
Person
Third and finally, we're concerned about the procedure that would streamline the impound and dismantling of vehicles, particularly the streamlining of abandoned vehicles, which is not defined in California statutes, the health and safety requirement of abatement, which is, we think perhaps constitutionally impermissible, and the requirement or the allow of summary abatement of vehicles worth less than $500 as public safety officers determine.
- Asher Waite-Jones
Person
We're concerned that these provisions are overly broad and that they allow a lot of officer discretion and potentially discriminatory impact. So we've been working with the author's office. We're happy to continue to work with the author's office, but right now we remain opposed. Thank you.
- Aubrey Rodriguez
Person
Chair Members My name is Aubrey Rodriguez and I'm alleged advocate with ACLU Cal Action. I want to start by thanking the author and his staff for engaging with us in good faith and we look forward to continuing our conversations.
- Aubrey Rodriguez
Person
And for the record, we haven't submitted our letter yet just yet, but we are in respectful opposition to SB 692 unless it is amended to prevent localities from using revisions to the California Vehicle Code, Section 22851.3 to inappropriately tow and dismantle vehicles used as shelter.
- Aubrey Rodriguez
Person
In its current form, SB 619 lacks sufficient safeguards to prevent localities from misclassifying inhabited vehicles as abandoned. Currently, there is no definition of what constitutes an abandoned vehicle that can be towed pursuant to CVC 22669, subdivision A.
- Aubrey Rodriguez
Person
In 2024, the ACLU assisted a vehicularly housed person in Santa Cruz County whose RV has been towed as abandoned, who had been towed as abandoned and then immediately dismantled as a low value vehicle, even though they were inside of the vehicle at the time of the tow, in their vehicle has been insured.
- Aubrey Rodriguez
Person
Because their vehicle was immediately dismantled after the tow, they were left without recourse and lost both their shelter and all their belongings. If 692 were to become law, as currently written, such tragedies only increase.
- Aubrey Rodriguez
Person
We should not have to emphasize the harm that the destruction of a vehicle used as a shelter can do to a person who is unhoused.
- Aubrey Rodriguez
Person
Due to the incredibly high cost of housing in this state, which directly stems from the bureaucratic quagmire that local governments have imposed on affordable housing construction, there are tens of thousands of people living in RVs and other vehicles parked on public streets.
- Aubrey Rodriguez
Person
We urge you to add adequate due process protections into your bill, such as a reasonable definition of abandonment, mandated independent vehicle evaluators, and mandated post removal notice. For these reasons, we are in respectful opposition to SB 692 unless amended, and look forward to ongoing conversations with the author. Thank you.
- Kelly Seyarto
Legislator
Thank you very much for both of your testimonies and all of your testimonies. You'll see I'm talking very slowly because I'm trying to get one more person up here so we can get this going along. So at this point, if.
- Kelly Seyarto
Legislator
If there is anybody who would like to express their opposition for this bill, I would encourage you to slowly make your way up to this microphone over here and express your opposition and talk really slowly.
- Kelly Seyarto
Legislator
Yeah, I don't see anybody. Oh, here comes somebody. Are you going to testify that you don't like this bill? Very slow. You're walking a little quick. Okay, there we go.
- Unidentified Speaker
Person
As Asher mentioned, Western Center on Law and Poverty in respectful opposition. Thank you.
- Xochitl Larios
Person
Xochtil Larios, representing Communities United for Restorative Youth Justice. We are in strong opposition. Thank you.
- Kelly Seyarto
Legislator
Thank you very much. Is there anybody else that I can encourage to walk up? Although I don't know that I would encourage you to. Okay, so I'll bring it back to the dais for comments or a filibuster. No, I'm just kidding. We're not going to do a filibuster. But I do have a question about this.
- Kelly Seyarto
Legislator
This is an issue that affects a lot of different people in a lot of neighborhoods, frankly. I know people in Los Angeles who have been dealing with, I guess, RVs that are being used as shelters that are in horrible condition.
- Kelly Seyarto
Legislator
And a lot of those RVs are in no condition to be having people inside them because they have mold, they have mildew, they have. A lot of times they're infested. That is not something that we should be encouraging people to do.
- Kelly Seyarto
Legislator
Does this bill go in and take them out of these RVs and throw them in the street and then take away the RV and. No. What does this Bill do?
- Jesse Arreguin
Legislator
Well, thank you for asking, Senator. And I can also ask my witness to elaborate. I know we have some other members that are on their way.
- Jesse Arreguin
Legislator
What this bill would do is, in the case of a declared public nuisance for health and safety reasons, would allow a much more expedited timeline for a local government to remove that that abandoned vehicle which is posing a health and safety impact on the community.
- Jesse Arreguin
Legislator
Or if somebody waives their right or if they are participating a vehicle buyback program, they would still be under all the appropriate noticing requirements and timelines that are under state and local fire health and safety codes. So we're not push kicking people onto the street.
- Jesse Arreguin
Legislator
This is around dealing with abandoned inoperable vehicles which are creating a nuisance and creating a health and safety impact on the community. That's what we're focusing on. This is not about homelessness. It's about dealing with abandoned and inoperable nuisance vehicles.
- Jesse Arreguin
Legislator
And I don't know if my witness has anything further to elaborate on.
- Kelly Seyarto
Legislator
And when you have these abandoned vehicles and sometimes motorhomes and things like that, the other thing that I have seen in our communities is that they become an attractive nuisance to our young people who think they might be a cool place to hang out, just get away from the parents and stuff. And so that's an issue also.
- Kelly Seyarto
Legislator
This is actually something I think is a good approach to when we're trying to get people out into a real protective environment where they actually have a shelter over their head and they have services available to them to help them get out of the homelessness situation.
- Kelly Seyarto
Legislator
I think these type of solutions working hand in hand with the others will create neighborhoods that are safe again, get rid of hazardous abandoned vehicles and give people the opportunity to take advantage of services that are, you know, coming online to help with whatever their needs are to get them out of that homeless.
- Kelly Seyarto
Legislator
Homelessness situation and move, you know, get on with their lives in a more productive way. That is something they probably envision them doing. So I have been talking about as slow as I can possibly talk for about as long as I can possibly talk. I can give a long closing. Why don't you, you know, Mr.
- Jesse Arreguin
Legislator
Okay. Well, thank you, Mr. Vice Chair. I appreciate the dialogue that we've had with opposition. I understand where you're coming from. As somebody with lived experience of homelessness, I don't want to advance policies that are going to cause harm to people that are. Are experiencing homelessness and are in need of permanent support, housing and resources and support.
- Jesse Arreguin
Legislator
This is once again about dealing with abandoned, inoperable vehicles which are posing a real threat to the safety of communities. And the mayor of Oakland touched upon this. These vehicles are being used to deal drugs, to commit prostitution, to engage in other criminal activity. That is something that we do not want to allow as a state.
- Jesse Arreguin
Legislator
And local governments don't have sufficient tools to deal with this. And so this is not about criminalizing homelessness. This is about giving more tools to local governments to be able to mitigate the significant safety impacts that these vehicles cause in communities. And with that, I respectfully ask for your I vote. What great timing.
- Kelly Seyarto
Legislator
What great timing. So thank you. Thank you very much for that bill. And at this time, I will entertain a motion for. So the bill does have a motion by Senator Gonzalez. And go ahead, Ms. Secretary Cole, please.
- Kelly Seyarto
Legislator
Okay. That bill, like all the other bills, remain on call. And hopefully we're looking for some authors here.
- Jesse Arreguin
Legislator
Thank you Mr. Vice Chair for the incredible job you've done today. We're going to proceed out of order to file item 14 SB560 by Senator Smallwood Cuevas and good afternoon Senator, turn the floor for you to present.
- Lola Smallwood-Cuevas
Legislator
Chair And Members, good afternoon. I am proud to present SB560 which seeks to reform how California California addresses overpayments in public benefit programs like CalFresh and CalWORKS. By modernizing enforcement and improving fairness, California Safety Net must support, not criminalize. People are navigating this economic process and oftentimes in hardship. But our current system does exactly that.
- Lola Smallwood-Cuevas
Legislator
It criminalizes our most vulnerable. A missed deadline or a minor reporting error can spiral into felony charges, probation, job loss and devastating impacts on families. These policies disproportionately harm our black and brown women, these mothers, these essential workers and the pillars of our community.
- Lola Smallwood-Cuevas
Legislator
From 2012 to 2021, more than 24,000 Californians were arrested and 11,000 were convicted of public benefits fraud. 80% had no prior conviction. More than half were women of color.
- Lola Smallwood-Cuevas
Legislator
Most were low wage workers who unintentionally reported errors while juggling multiple jobs and family responsibilities and not really understanding and having time to understand what the paperwork was explaining to them. This is really personal for me because I know what it's like to face systems that weren't built with working people in mind.
- Lola Smallwood-Cuevas
Legislator
I've worked with folks in communities and I know that from a simple error leading to some sort of arrest and felony, that means we are locking significant numbers of our communities out of work opportunities.
- Lola Smallwood-Cuevas
Legislator
We need policies that meet people where they are at, that help them to understand errors and how to correct them and to assist in correcting them and not to punish them for falling short while they're just trying to get ahead. Consider the case of a single mother working multiple jobs and relying on CalFresh to feed her children.
- Lola Smallwood-Cuevas
Legislator
A woman who was prosecuted for under reporting her income, which is an honest mistake. Although she intended to repay what she owed, the arrest alone made it harder for her to find a job. That is not accountability, that is making a terrible problem much, much worse.
- Lola Smallwood-Cuevas
Legislator
It's a failure of our system to treat people with fairness and dignity. And it's also about leveling the playing field because when we look at white collar crime, for example, when we look at theft at that level, you don't really see any significant felony charges until upwards of $25,000 have been stolen.
- Lola Smallwood-Cuevas
Legislator
In this case, it could be only a few $100 that our mothers are losing their dignity and respect and opportunity to care and protect their families because they are getting criminal charges through the as a result of these errors. SB560 also empowers workers to catch mistakes early on and to prevent overpayments in the first place.
- Lola Smallwood-Cuevas
Legislator
This Bill protects working families from falling through the cracks. It prevents one mistake from snowball into a lifelong line of job loss, housing instability and years of court involvement while helping counties recover funds more efficiently and fairly.
- Lola Smallwood-Cuevas
Legislator
And I was really glad to hear that many of the social workers who are working with our families every day with these systems were part of developing this Bill because they saw their clients that they care for and that they support be criminalized by systems errors.
- Lola Smallwood-Cuevas
Legislator
And so I have with us to hear hear with us today, excuse me to testify is Rick Owens, a senior Staff Attorney with the California Committee on Revision of the Penal Code, and Tracy Porter, a fellow with the Solis Policy Institute. And I respectfully ask for your I.
- Jesse Arreguin
Legislator
Vote thank you very much. Good afternoon. You each have two minutes to present to the Committee.
- Rick Owen
Person
All right. Good afternoon. Chair Members of the Committee My name is Rick Owen. I'm senior staff counsel for the Committee on Revision of the Penal Code and the Penal Code Committee is a state entity that was created by the Legislature to study California's criminal laws and to recommend improvements to it.
- Rick Owen
Person
SB560 is based on a recommendation in the Committee's 2023 annual report, the Committee's review of public benefits fraud prosecutions found concerning race and gender disparities with, as the Senator mentioned, women comprising 75% of arrests and convictions and women of color making up more than 50% of convictions over 10 years.
- Rick Owen
Person
The vast majority of those convicted, over 80% had no prior criminal record. Importantly, criminal prosecution in these cases is often unnecessary, as unique to this particular type of offense, there is already an administrative process in place that can recoup overpayments and impose punishments, including lifetime bans from receiving future benefits.
- Rick Owen
Person
For individuals already living in poverty and who have never been convicted of a crime, the prospect of being permanently banned from receiving benefits is a severe consequence and deterrent. Prosecutions for welfare fraud are relatively rare, about 1,000 convictions a year statewide, and shifting these lower value cases under $25,000 to the administrative process would not overwhelm county resources.
- Rick Owen
Person
While public benefits fraud prosecutions make up a relatively small part of California's criminal justice system, they have significant consequences for the thousands of people whose only entry into the criminal system is based on an accusation that they received an overpayment in public benefits.
- Rick Owen
Person
The consequences of criminal prosecution can Include incarceration, loss of employment, housing, severe immigration consequences and court ordered debt in addition to repaying or being suspended from receiving benefits. That also shows that prosecution rates for this offense vary significantly by county, raising additional concerns about fairness and consistency and enforcement.
- Rick Owen
Person
While some prosecutors focus their attention on fraud that occurs over long periods of time and results in high monetary losses, there's no statutory requirement for them to do so. And this leaves county prosecutors to establish their own prosecution thresholds.
- Rick Owen
Person
The Penal Code Committee learned from witnesses that the monetary threshold established by local Prosecutors ranged from $3,000 to $15,000. And while some counties frequently prosecute these offenses, others rarely do. And as far back as 2009, the California State Auditor found that counties approaches to prosecuting public benefits fraud were inconsistent.
- Rick Owen
Person
And the Auditor recommended that the Department of Social Services take steps to standardize prosecution. If you can complete your testimony. Sure. For these reasons, the Penal Code Committee concluded that the state should focus on public benefits. Focus public benefits fraud prosecutions on the most serious cases and by doing so freeing free up scarce criminal justice resources. Thank you.
- Tracee Porter
Person
Good afternoon. Oh, there we go. Sorry. Good afternoon. Chair and Members of the Committee. My name is Tracy Michelle Porter and I'm here in strong support of SB560. In 1999, I was convicted of welfare fraud. That conviction cost me everything. My jobs, my car, and the sense of self I had worked so hard to build.
- Tracee Porter
Person
Overnight, I went from middle class back into poverty. After getting hurt on the job, I received Temporary Aid to needy families from 1992 to 1995 as a temporary solution for an immediate need. While on assistance, I worked and I reported my income as required. And I took bookkeeping and tax prep courses.
- Tracee Porter
Person
That is how I got off of assistance and into the middle class. I did everything I was supposed to do. At least I thought I had. Four years later, I was charged with fraud. When I stood before the judge, he didn't see a mom who had worked her way out of poverty.
- Tracee Porter
Person
He saw a welfare queen trying to game the system. I had no prior record. I wasn't offered a chance to pay it back. I was told go to prison or take five years of probation. I had an 11 year old son. I chose probation. I had to go back on welfare just to survive.
- Tracee Porter
Person
And by the way, that five years of probation, it turned into 10. What followed wasn't just hardship. It was post conviction poverty. A sentence that still hasn't ended. I lost 25 years of earning power and opportunity. Even when the paperwork was done, the punishment kept going. It took a while, but I kept going too.
- Tracee Porter
Person
In 2022, I graduated from CSUN with a degree in Africana Studies and in 2023, thanks to SB731, my record was expunged. Since then I've been selected for two fellowships. I'm a lived experience expert and last month I launched From Felon to Fellow, a platform I created to challenge the narratives and policies that harm people like me.
- Tracee Porter
Person
Even with all that, I haven't recovered financially. At 58, I am still a gig worker trying to make ends meet while still living with the lingering effects of ptsd. I was not a welfare queen, I was a mom trying to survive after getting hurt on the job.
- Tracee Porter
Person
My story is one of too many black moms who have always had to find a way make it a dollar out of 15 cents just to survive. It is time to stop criminalizing survival and SB560 is just how we do that. Thank you.
- Jesse Arreguin
Legislator
Thank you very much. We'll now take any witnesses in support of SB560. 560. If you can, please come forward. State your name, affiliation, position for the record.
- Edward Little
Person
Ed Little with Californian's for Safety and Justice and strong support.
- Tiffany Whiten
Person
Tiffany Whiten with SEIU California Proud co sponsor and support thank you
- Margo George
Person
Margo George on behalf of the California Public Defenders. Association and support thank you.
- Unidentified Speaker
Person
Sarah Williams on behalf of Rubicon Program strong support
- Keely O'Brien
Person
Keely O'Brien with Western Center on Law and Poverty proud co sponsor and in strong support.
- James King
Person
James King on behalf of the Ella Baker Center for Human Rights and strong support.
- Unidentified Speaker
Person
Sochi Larios on behalf of Communities United for Restorative Youth justice in support.
- Caitlin Andersen
Person
Caitlyn Anderson on behalf of Debt Free Justice California and. Strong support.
- Unidentified Speaker
Person
Israel Villa with the California alliance for Youth and Community justice and strong support thank you for your vulnerability and leadership, ma'am.
- James Lindburg
Person
Jim Lindburg on behalf of the Friends Committee on Legislation of California in support.
- Sally Ching
Person
Sally Ching with the alliance for. Boys and Men of Color in support.
- Unidentified Speaker
Person
In support Jonathan Laba, California Youth Defender center in support thank you all so very much. We'll now take any two, just two lead witnesses in opposition for two minutes each and then take any me too statements in opposition thereafter.
- Unidentified Speaker
Person
Hello, Committee. On behalf of the California District Attorneys Association, we oppose SB 560, which eliminates penalties for welfare fraud. This bill raises the minimum monetary loss required for a fraud case to be prosecuted from over $950 to. To $25,000. This approach is similar to Proposition 47, which led to increased theft. Without sufficient legal deterrence.
- Unidentified Speaker
Person
Most welfare fraud investigations begin with small losses that accumulate over time. By setting the threshold at 25,000, many of those most egregious cases will never be referred. They will never be investigated. They will not be prosecuted. One very important thing to note is the plain, meaning the plain language of the statute.
- Unidentified Speaker
Person
Prosecutions are not able to be perceived under the current welfare institution code violation. It's 10980 unless we can prove that the person willfully and knowingly with the intent to deceive took these benefits willfully, knowingly, with the intent to deceive. It is a specific intent crime. We have to prove intent. This bill does not deter fraud.
- Unidentified Speaker
Person
Instead, it encourages individuals to keep their fraudulent activities under $25,000 to avoid prosecution. The bill eliminates the crime of attempting to commit welfare fraud, which also has its own issues. SB560 appears to be premised on the misconception that welfare fraud cases result from administrative errors. In truth, welfare fraud, as I indicated, is a specific intent crime.
- Unidentified Speaker
Person
The passage will preclude prosecution for those who intentionally steal money from these programs intended only to assist individuals and families in real need of assistance. For this reason, the unchecked welfare fraud SB560 would encourage harm, would only harm taxpayers who fund the system, but would also harm the very people the system is intended to assist. Thank you.
- Gregory Mahoney
Person
Thank you. My name is Gregory Mahoney, and I serve as the President of the California Welfare Fraud Investigators Association. With over 35 years of service as a California Peace Officer, I've had a front row seat to the evolution and erosion of the systems meant to protect both vulnerable citizens and taxpayer dollars.
- Gregory Mahoney
Person
I am submitting this testimony to express our Association's strong and unequivocal opposition to Senate Bill 560. The bill poses a direct threat to the integrity of the California welfare programs. It effectively decriminalizes intentional recipient welfare fraud, inviting abuse of the system and eliminating accountability for those who knowingly exploit it.
- Gregory Mahoney
Person
Doing so, SB560 puts at risk the very funds intended to support those truly in need. The current law is narrowly focused. It does not discriminate based on race, gender or income. Instead, it targets individuals who deliberately and fraudulently obtain benefits through deception because people driven not by desperation but by greed.
- Gregory Mahoney
Person
And even then, the bar for prosecution is high. There are already administrative avenues for appeals and to make sure processes are followed in this current law, the county systems are not set up to handle the massive amount of workload that this is going to create.
- Gregory Mahoney
Person
They will have to increase their staff by 92% in the appeals section alone to try to keep up with it. The there's no facilities for it and it'll cost millions upon millions to even try to get this Bill up and going and moving in the direction that it is written. Let me be clear.
- Gregory Mahoney
Person
This bill does not fix a broken system. It breaks a functioning one. It would dismantle legal tools that ensure program integrity and in doing so signal to the public that accountability no longer matters. It would also further erode public trust. Trust in the Legislature, in the welfare system and the responsible stewardship of taxpayer fraud.
- Gregory Mahoney
Person
Californians deserve better Irish lawmakers to consider the long term damage this bill will do to the welfare system, to the public trust and those who rely on support programs for their survival.
- Jesse Arreguin
Legislator
Thank you. Thank you. Are there any other Members of the public in opposition to SP560? Please come forward. The microphone. If you'd like to express your position, state your name, affiliation and position for the record. Okay. Seeing no other members of the public wishing to express opposition, we'll bring it back to the Committee for discussion.
- Jesse Arreguin
Legislator
And are there any Committee Members who wish to ask a question or make a comment? Senator Caballero?
- Anna Caballero
Legislator
Thank you, Mr. Chair. Well, I appreciate. I appreciate you bringing this bill forward. And let me just say that I really appreciate you being here today and sharing your story and your testimony. It's very moving.
- Anna Caballero
Legislator
I did criminal defense work for 25 years and there are unintended consequences to criminalizing behavior where you can divert people into other programs, make them pay whatever it is that they have to pay, but not impact their ability to earn a living and create a criminal record that stays with you forever.
- Anna Caballero
Legislator
So I do appreciate what you're saying. I've seen people. I've seen people that end up in this cycle where if you don't pay a fine, you end up going to jail.
- Anna Caballero
Legislator
We spend X number of dollars to keep that person in jail and then they get out and they're given a program and they can't afford the program, so then they're sent to jail again. It's a cycle where no matter what you do, you can't seem to get out of it.
- Anna Caballero
Legislator
And so I think that's the purpose of this Bill. And let me just say that if there's one thing that I am real well, if there's one thing that is important to me, it's to protect the taxpayer's dollars. There's just no question about it.
- Anna Caballero
Legislator
And although the section says willing and knowingly with the intent to deceive, frankly, if you sign something under penalty of perjury, which is what all these documents require, then that shows that's enough to say that you willingly and knowingly got benefits that you weren't entitled to.
- Anna Caballero
Legislator
And that's, I think part of the challenge is that the system is set up really to try to narrow the people who should get benefits and narrow it because it's expensive. But then there's all of these trap doors you can fall in. And so I do appreciate this. I am going to support your bill today.
- Anna Caballero
Legislator
I would welcome language that helps us to be very specific and very targeted in how we do this so that those individuals that are out to game the system just don't get through the door.
- Anna Caballero
Legislator
But those that have honest mistakes that can come in and show that there was an error and it wasn't done as a way to get to get over on the system that we can.
- Anna Caballero
Legislator
Anyway, let's work together because I think there's a sweet spot here and I really do appreciate this because I think what we want to do is to keep people out of the criminal justice system and, and there are ways to pay back what you the overpayments you got and to have it be meaningful because that's the return of taxpayers dollars that shouldn't have gone.
- Anna Caballero
Legislator
So I'm going to support your bill today and thank you for this. Thank you. Appreciate it.
- Jesse Arreguin
Legislator
Thank you. My recommendation is an eye on this bill. And thank you for bringing this forward. I'll ask if you'd like to close.
- Lola Smallwood-Cuevas
Legislator
Thank you. And thank you so much for the discussion. And Senator Caballero, you're absolutely right. We don't want to perpetuate a cycle of folks who we're trying to lift up then falling through those trap doors. I just want to say we are happy to continue to work on this, but the bill already provides safeguards.
- Lola Smallwood-Cuevas
Legislator
This bill does not prevent prosecution where the person used fake name, where they applied for benefits in other counties or in cases where there have been clear intent.
- Lola Smallwood-Cuevas
Legislator
And when you look at fraud, those are some of the two main areas that where it's intentional fraud applying in multiple counties using fake names, that's typically where those cases occur. Overpayments remain the subject of administrative fraud. So if you have an overpayment, you have to pay it back.
- Lola Smallwood-Cuevas
Legislator
But it will be handled administratively and it will be done in a repayment process that again treats our clients, our community, with dignity and respect.
- Lola Smallwood-Cuevas
Legislator
The bill does reflect our commitment to equity and to ensuring dignity for this community and to make sure that when we have folks on these benefits that they're able to work and move up and get out of the safety net and onto better opportunities. And that is what these programs are meant to do.
- Lola Smallwood-Cuevas
Legislator
And so with that, I respectfully ask for your Aye vote.
- Jesse Arreguin
Legislator
Thank you so very much. I want to motion on SB560 moved by Senator Caballero, if you can please call the roll.
- Jesse Arreguin
Legislator
Okay, we'll leave that Bill on call. Thank you for your testimony. Thank you. Senator Smallwood Cuevas, as we proceed with the rest of the Bill hearing, just want to note that we do hear measures in file order. And so Senator Umberg was here this morning waiting very patiently to present on his Bill file item 13, SB 398.
- Jesse Arreguin
Legislator
And so we're going to go now to his his Bill and after which time we'll proceed with the rest of the agenda and followed. Senator Umberg, you may present your Bill. Thank you.
- Thomas Umberg
Legislator
Thank you Mr. Chair and Members. Also thank you to Cheryl Anderson for her help on this measure. During the 2024 election there was a fairly well known billionaire who created a PAC called America PAC to support a presidential candidate. One presidential candidate.
- Thomas Umberg
Legislator
In October of 2024 that billionaire announced that America PAC would be giving away $1.0 million in a lottery to someone in a swing state who signed a petition under the pretense of supporting the first and Second Amendment of the U.S. constitution. Voter registration of swing state was required was required prerequisite in order to sign this petition.
- Thomas Umberg
Legislator
Vote buying is patently illegal federally and every state. Though this Billionaire in America PAC claimed legality on the basis they weren't technically paying someone to vote in a particular manner.
- Thomas Umberg
Legislator
However, it certainly could be inferred that America PAC created an alluring offer that likely incentivized constituents to register to vote if they had not already done so with a in a designated swing state. Federal law explicitly prohibits anyone from knowingly or willingly paying or offering to pay or accepting payment either for registration to vote or voting.
- Thomas Umberg
Legislator
Federal all law also does not expressly prohibit the use of lotteries as registration incentives. Currently, no such crime exists at the state level, limiting enforcements only through Federal Prosecution.
- Thomas Umberg
Legislator
What SB398 does is it closes this loophole by making a crime for a person to knowingly or willfully pay, or offer to pay money or other valuable consideration to another person with the intent to induce that person to vote or register to vote, where the payment is contingent upon whether the person voted or the person's voter registration status.
- Thomas Umberg
Legislator
Since the introduction of SB398, that's since the introduction of this Bill, this particular billionaire has done the very same thing in Wisconsin. His group, America PAC, offered Wisconsin voters $100 to sign a petition in opposition to activist judges.
- Thomas Umberg
Legislator
The petition requires people to share their first, last name, email, phone number and mailing address, meaning the PAC can then target those voters in a very specified way. I have noted the concerns raised by the San Francisco Public Defenders, but we need to hold folks who try to skew elections with payments accountable.
- Thomas Umberg
Legislator
So I urge an aye vote. With me to testify is Kevin Wolf, chair of the California Clean Money Action Fund. Mr. Wolf,
- Jesse Arreguin
Legislator
Thank you. Good afternoon. You have two minutes to address the Committee on the Bill.
- Kevin Wolf
Person
Can you hear me? Yes. zero, Good. Good morning, Mr. Chair and Members of the Committee. I'm Kevin Wolf, chair of the California Clean Money Action Fund. We're proud to support SB398 and are grateful for the Senator's leadership and authoring it and for the work of this Committee.
- Kevin Wolf
Person
One of the cornerstones of our democracy is the principle that no one should be allowed to buy votes, just like the Senator said. That's why federal law prohib the offering of payments in exchange for registering. However, it does not explicitly ban the use of lotteries as incentives for voter registration.
- Kevin Wolf
Person
This loophole has been recently been exploited, as Senator Umberg described in both last year's presidential election and the recent Supreme Court election. It's Elon Musk, by the way, the billionaire. Just in case you didn't know, America conducted $1 million lotteries for registered voters and only registered voters under the guise of signing activist petitions.
- Kevin Wolf
Person
These were transparent attempts to give financial inducements for people register. So far, America PAC has gotten away with it and it will almost certainly use the tactic again and again, including possibly in California.
- Kevin Wolf
Person
SB398 closes this loophole in California by making offering to pay money or any other valuable consideration for another person to register to vote a crime, and by explicitly giving voters a chance to win a lottery or similarly prize drawing contest as a Violation.
- Kevin Wolf
Person
This Bill is a crucial addition to the California law to close the federal loophole and to fully cover state and local elections. We respectfully ask for your aye vote.
- Jesse Arreguin
Legislator
Thank you so very much. Are there any other Members of the public in support of Senate Bill398? If you can please come forward. State your name, affiliation and position. For the record, he's seeing no other witnesses in support. We'll take two principal witnesses in opposition to SB398. Are there any witnesses in opposition? Seeing none.
- Jesse Arreguin
Legislator
Is there anyone who is in opposition to the Bill that wishes to express their position? Please come forward to the microphone. Seeing none that completes testimony. I'll bring it back to the Committee for discussion. Senator Caballero,
- Jesse Arreguin
Legislator
Okay, thank you. And I'll ask if you'd like to close on the bill
- Thomas Umberg
Legislator
I request an aye vote again. I'm trying to model behavior, so
- Jesse Arreguin
Legislator
Thank you. Okay. The motion by Senator Caballero is do pass to Appropriations. If you can please call the roll.
- Jesse Arreguin
Legislator
Thank you. We'll keep that Bill on call. Thank you so much, Senator. I'll see you soon. I'm going to pass the gavel very briefly to Senate. Caballero and I will be back and she'll proceed to the next Bill.
- Anna Caballero
Legislator
See, if you stick around long enough, you get the gavel. So very good. We'll move on to the next bill on the agenda, which is file item number 16, SB 672 by Senator Rubio. Welcome.
- Anna Caballero
Legislator
You may proceed. And if you want to wait a minute, let your witnesses take a seat. You may proceed.
- Susan Rubio
Legislator
Thank you, Chair and Vice Chair, and especially the committee members, for giving me this opportunity to present SB 672, the youth rehabilitation and Opportunity Act. This important bill recognizes that true public safety and a strong criminal justice system must also recognize the potential for rehabilitation and change.
- Susan Rubio
Legislator
SB 672 will provide Californians who were sentenced to life without parole for committing certain crimes before the age of 26 and who have served 25 years in prison with the opportunity to demonstrate their growth and rehabilitation before the Board of Parole hearings.
- Susan Rubio
Legislator
To be clear, this bill only extends the credit youth offender parole hearings process to cover people who are between the ages of 18 and 26 at the time of committing their offense and who were sentenced to life without parole. As a victim's advocate for many years, it is important for me that this bill is about review and not release. It doesn't let anyone out automatically. It creates a pathway for consideration. It's not a guarantee. I want to be clear that this bill, what this bill does, again, it doesn't guarantee release.
- Susan Rubio
Legislator
Every decision is still made by a board of parole hearings who takes it very seriously and looks very carefully to see whether or not a person has truly been rehabilitated and whether they pose any risk to public safety. As a victim's advocate, again, and this is very important to me, I need to underscore that that a victim's voice matters to me. Their grief, their anger, and their healing are central to any conversation about justice. This bill does not ask them to forget.
- Susan Rubio
Legislator
It simply recognizes that after 25 years, someone who caused harm in their youth has had many years to reflect, rehabilitate and has matured and come to fully understand the weight of their actions. SB 672 recognizes the human capacity for growth and the value of redemption.
- Susan Rubio
Legislator
For for these reasons, SB 672 is supported by a broad and diverse coalition, including over 600 individuals and 70 organizations, including the Anti Recidivism Coalition, Human Rights Watch, the California Catholic Conference, the California Hispanic Chamber of Commerce, SEIU California.
- Susan Rubio
Legislator
And joining me here today are my witnesses, Heidi Rummel for the University of Southern California Post-Conviction Justice Project, and Sonya Spencer, who will share her her experience as a mother who lost her daughter and who understands that rehabilitation and change are possible even from people who have committed the worst of crimes. And with that, I'd like to allow my witnesses to proceed.
- Heidi Rummel
Person
Madam Chair and committee members, thank you. My name's Heidi Rummel. I'm a law professor at the University of Southern California where I direct the Post-Conviction Justice Project. Prior to that, I served as a federal prosecutor for 12 years, first in D.C. and then Los Angeles.
- Heidi Rummel
Person
I prosecuted violent crimes, gang crimes, rapes, murders, human trafficking. I understand well the impact of crime on our communities. Senate Bill 672 ensures that youth who commit serious crimes are punished for a minimum of 25 years incarceration. And it also provides hope and opportunity.
- Heidi Rummel
Person
Science, the courts, and this Legislature have all recognized the fundamental truth of this bill. Brain development continues well into the mid-20s, especially the areas of the brain affecting judgment. California created Youth Offender Parole in 2013. We give parole eligibility to 18 to 25 year olds sentenced to de facto life without parole sentences with parole eligibility Beyond a natural lifetime 75, 100, 200 years. Yet we exclude people 18 through 25 with the specific sentence of LWOP.
- Heidi Rummel
Person
Supreme and appellate Court Justices in California have questioned the constitutionality of these sentences and have called for the Legislature to correct this gap in youth offender parole to include 18 to 25 year olds with a specific sentence of LWOP. SB 672 does that and no more.
- Heidi Rummel
Person
When the Legislature created the sentence of LWOP in 1977, there was a real difference between crimes that resulted in life with parole and life without parole. That's no longer true. Research shows that 95% of first degree murders that carry a sentence of parole with a life sentence with parole eligibility could have resulted in a special circumstance conviction.
- Heidi Rummel
Person
Life without parole sentence for many years, California has applied LWOP in an arbitrary manner, perpetuating some of the worst racial and geographic disparities in our criminal system. SB 672 puts justice back into the equation. SB 672 protects public safety by using the time tested and proven parole process. Just 17% of people who are eligible for parole are released.
- Heidi Rummel
Person
The recidivism rate for those released through the parole process is 2.8% as compared to the general recidivism rate of over 40%. This bill strikes the right balance. It ensures public safety, it preserves all existing victim rights, and it provides an opportunity for those who change and rehabilitate to seek parole. Those who do not will never be released. I urge an aye vote. Thank you.
- Sonya Spencer
Person
Good afternoon Mr. Chairperson and committee members. My name is Sonya Spencer. I am here today as a mother who has suffered a devastating loss, a pain that is unimaginable for most. My beautiful 7-month-old baby girl, Jainah Spencer was killed February 21, 1995.
- Sonya Spencer
Person
My children and I were victims of a home invasion that began with the father of my children being kidnapped by six individuals and leading them to my home under the false pretense that I had money. Angry and that I had no valuables, one became violent and leaving to rob another family home, took my daughter Jainah as collateral so I would not call the police. Later, in a high-speed chase with the police, my unrestrained daughter bounced around in the backseat of of the getaway car. They crashed and she died. There are no words that can describe my pain.
- Sonya Spencer
Person
And I think about my baby girl every day. There's a hole in my heart that will never fully heal. The men were sentenced to life without the possibility of parole. For several years I wrote to them expressing my pain, my anger, and the darkness that was my new normal.
- Sonya Spencer
Person
But only one responded with an apology for the harm that he caused. Kenyon Pitts and I corresponded over the years and coming to know Mr. Pitts changed my perspective of life without the possibility of parole sentences. Mr. Pitts childhood was defined by abuse, violence, a drug-addicted parent, and even more trauma.
- Sonya Spencer
Person
This shaped who he was in 1995. However, once in prison, he decided to change. He embraced the treatment programs and began to understand himself and the reasons behind his actions. I believe he now values life and I am confident that he will never harm another person. I support Mr. Pitts being paroled.
- Sonya Spencer
Person
However, I have been in communication with the others serving time for Jainah's death and I don't see evidence of growth or accountability. And I'm not at this time in favor of their parole. But that is why I support SB 672. Those who have done the work have a chance at parole.
- Sonya Spencer
Person
Those who have not, will not be found eligible. I ask for your support because this bill both holds young people accountable for their crimes and encourages rehabilitation. This bill gives a young person 25 years to face their wrongdoing. And it gives the parole board and Governor 25 years of proof as to whether the person has earned a second chance. Thank you.
- Jesse Arreguin
Legislator
Thank you so very much. We'll now take any members of the public in support of Senate Bill 672. Please state your name, affiliation, and position for record.
- Esteban Nunez
Person
Esteban Nuñez with the Anti Recidivism Coalition in strong support as a co-sponsor of this bill. Thank you.
- Tiffany Whiten
Person
Mr. Chair Members, Tiffany Whiten with SEIU California and strong support. Thank you so much.
- Edward Little
Person
Ed Little on behalf of Californians for Safety and Justice and Repack in support. Thank you.
- Elizabeth Calvin
Person
Elizabeth Calvin with Human Rights Watch and we are in support and a co-sponsor.
- Michael Mendoza
Person
Michael Mendoza with Latino Justice, proud co-sponsor in support.
- Ken Mendoza
Person
Ken Mendoza with the Anti Recidivism Coalition, co-sponsor in strong support. Thank you.
- Tyrique Shipp
Person
Tyrique Shipp with the Anti Recidivism Coalition. A co-sponsor in strong support.
- Samuel Chavoya
Person
Samuel Chavoya with Anti Recedivism Coalition and Freedom for Youth. I support.
- Liz Gutierrez
Person
Liz Blum-Gutierrez on behalf of Initiate Justice, La Defensa, the GRIP Training Institute, the Los Angeles County Public Defenders Union Local 148, and Beer California, in strong support.
- Joanne Scheer
Person
Joanne Scheer, Felony Murder Elimination Project, in strong support.
- Margo George
Person
Margo George on behalf of the California Public Defenders and also the San Francisco Public Defender's Office in strong support. Thank you.
- Jonathan Laba
Person
Jonathan Laba, California Youth Defender Center in strong support.
- Aubrey Rodriguez
Person
Aubrey Rodriguez on behalf of ACLU California Action in proud support.
- Unidentified Speaker
Person
Melissa with Silicon Valley Debug, California Alliance for Youth, and Community Justice and CAYCJ in support.
- James King
Person
James King with the Ella Baker Center for Human Rights in strong support.
- Scott Budnick
Person
Scott Budnick with the Anti Recidivism Coalition and behalf of Kim Kardashian in strong support.
- John Mathews
Person
John Mathews on behalf of the Los Angeles County Public Defender. Strong support.
- Dominique Nong
Person
Dominique Nong, Sister Warriors Freedom Coalition in strong support.
- Barbara Chavez
Person
Barbara Chavez, on behalf of the Ella Baker Center for Human Rights and on behalf of myself as a former LWOP, this would have affected me. Strong support.
- Brooke Harris
Person
Brooke Harris, California Youth Defender center and also on behalf of the Center for Juvenile Law and Policy at Loyola Law School. Strong support.
- Darya Larizadeh
Person
Darya Larizadeh, National Center for Youth Law in strong support.
- Isabella Solomon
Person
Isabella Solomon with the Anti Recidivism Coalition and strong support.
- Dorothy Johnson
Person
Dorothy Johnson, mom of a youth offender LWOP inmate, in strong support.
- Unidentified Speaker
Person
[Unintelligible]. Also parent of an LWOP prisoner. Strong support.
- James Lindburg
Person
Jim Lindburg, on behalf of the Friends Committee on Legislation of California in strong support and also expressing support today on behalf of California Church Impact. Thank you.
- Tina Curiel
Person
Good afternoon. Tina Curiel, Center on Juvenile and Criminal Justice. Strong support.
- Kevin Maturano
Person
Kevin Baron for Communities United for Restoring Youth Justice in strong support.
- Ariana Montez
Person
Ariana Montez, on behalf of the California Attorneys for Criminal Justice in support.
- Stewart Hyland
Person
Stewart Hyland with San Mateo County Participatory Defense in strong support.
- Israel Villa
Person
Israel Villa with the California Alliance for Youth and Community Justice in strong support. We're so sorry for your loss and thank you for your courage and your vulnerability, ma'am.
- Joel Rodriguez
Person
Joel Rodriguez, I'm a youth from Salinas, California in strong support.
- Sally Ching
Person
Sally Ching with the Alliance for Boys and Men of Color in strong support.
- Arnold Morales
Person
Arnold Morales, Silicon Valley Debug and San Mateo County Re Evolution in strong support.
- Katie Dixon
Person
Katie Dixon with the California Coalition for Women Prisoners in strong support.
- Rudy Reyes
Person
Rudy Reyes, with Restorative Academic Mentorship Program. Strong support.
- Jesse Arreguin
Legislator
Thank you all for coming to Sacramento today and for being here in support of SB 672. Unless there are any other members of the public who wish to express support, we will take two principal witnesses in opposition, if there are any, to SB 672. I see we have one. Is there another one? No. Okay.
- Jesse Arreguin
Legislator
So you can either stand there or come here at the table, whatever you prefer.
- Carl London Ii
Person
Here is fine. Yeah. Thank you. Mr. Chairman and members. Carl London here today on behalf of Crime Victims United. Just like to point out the obvious, that people who are sentenced to life without parole have crossed a unique threshold in the law and committed a serious heinous act that elevated to that level. It might involve multiple victims.
- Carl London Ii
Person
It might involve several special circumstances that vaulted them to that level. It's even possible to end up with an LWOP sentence where you commit a death penalty level offense and you plea bargain down to an LWOP, which now no longer means life without parole under this bill.
- Carl London Ii
Person
It means life with parole at some possible future, depending on the judgment of people who sit in judgment for this possibility. This, for victims, really does shatter the unique solace that they may take in in having some finality around the loss of their family member that was taken from them.
- Carl London Ii
Person
It involves the change in what they were promised when they went to court. These cases could have been from many years ago with details that were heard by a judge and in a court by a jury of their peers that found them guilty of this type of crime, that elevated to this type of sentence.
- Carl London Ii
Person
This goes absolutely against the grain of accountability. And we saw in this last election, through Prop 36, the strong public sentiment for accountability relative to crimes committed. I'm not equating those, but I am making a strong statement that there is a sentiment out there in the public for accountability for victims. Again, this is a unique position that they're put in to have to go through this.
- Carl London Ii
Person
And they rely upon the decisions that are made by the courts and may have been made many years ago, only now under this bill to be revisited because of what some new special circumstances that a board or another group is going to find necessitates release. We, Crime Victims United is absolutely supportive of rehabilitation.
- Carl London Ii
Person
We know that most offenders that go to prison are going to get out, and we need them to be better people when they come out. There's no question we root every day for strong and supportive programs that will make people better people for those that are getting out.
- Carl London Ii
Person
There's also nobility for those who are not getting out in being able to rehabilitate themselves and maybe help others who are getting out become better people. So for these reasons and many others, I'll stop there and just say that we oppose this bill. Thank you.
- Jesse Arreguin
Legislator
Thank you. Is there anyone else in opposition to SB 672? Please come forward and state your name, affiliation, position for the record.
- Jared Moss
Person
Jared Moss, on behalf of the California Police Chiefs Association. In opposition.
- Jesse Arreguin
Legislator
Okay. Anyone else in opposition to SB672? Okay. Thank you all for coming today and for your testimony. We'll bring it back to the committee for discussion and any questions or comments from members of the committee. Senator Caballero.
- Anna Caballero
Legislator
Thank you very much, Mr. Chair. First, let me thank you very much for being here today. I appreciate your testimony and my sympathy for your loss. Very, very difficult to lose a child or any member of your family in a senseless act of violence. And this one is particularly heinous because it's a baby, didn't have a chance to grow up and share things with you that you thought you'd get to share with her. So my sympathy. You know, this is a difficult issue because of what was just said.
- Anna Caballero
Legislator
One of the challenges with the system, the way it's set up, is that, is that we don't do enough to rehabilitate in our system. We're changing that and trying to make it better. And it's slow because it's a system of punishment, not a system of rehabilitation, really. And for the victims, I do appreciate that Senator Rubio has been a victim's advocate for forever. And for the victims, they want the pain to end and they want it to be done.
- Anna Caballero
Legislator
And part of the pain ending is when there's a finality to a criminal case that, you know, the people who have committed the crime are not going to be hurting someone else. But on the other hand, we do want to be able to offer a route to make the changes, the personal changes that people need to make in order to be able to actually have a life and to be able to experience time outside of prison incarceration.
- Anna Caballero
Legislator
So let me just say that I'm going to support the bill today. I been struggling because there are some of the murders that are. What we want to do is we want people to be sincerely sorry and to make the changes in their personal life that'll keep their feet on the path to avoiding future crimes.
- Anna Caballero
Legislator
And how do you determine that someone is at that point? All you can do is set up the programs that they have to go through and have the parole board take a look at that to see whether they really believe that's possible or not. But there are some killings that are more heinous than others.
- Anna Caballero
Legislator
And unfortunately, we don't have a part of the code that we could just pull out and say these are the murder's bad no matter what. But some are worse than others. And so my understanding is the exception that the bill includes at this point are individuals that kill police officers or public safety officers.
- Anna Caballero
Legislator
And I was looking at the special circumstance. Let me just say that some of them like people that torture people before they kill them, that kill. That are the mass murderers that kill indiscriminately and hurt a lot of people. There's a certain level of depravity. There's a purposefulness in that in those kinds of situations.
- Anna Caballero
Legislator
Multiple rape murders where. And I want to say that this is personal to a woman in my district who contacted my office and was the victim of a rape in a situation where the perpetrator was raping women and killing them very much like the people that terrorized the men, quite frankly, that terrorized communities.
- Anna Caballero
Legislator
The Night Stalker, for example, that did. And, you know, where the whole community is on edge and, and there are multiple victims. Those are the kinds of cases that I think shouldn't get an opportunity to seek a parole. And that's just me. So if you're willing to at least consider and have discussions about some of these instances, I'm willing to support the bill because I think it's the right thing to do. And we want individuals to rehabilitate. We want them to get the programming that they need to be able to change their life.
- Anna Caballero
Legislator
So I'm going to support the bill today, and I appreciate you bringing it forward, and I appreciate your testimony here today as well. It shows, I think, a really good heart that you can forgive and realize that there are some people that do deserve it and some that aren't ready yet. Thank you.
- Jesse Arreguin
Legislator
Thank you, Senator Caballero. We've done testimony. I'm sorry. No, I'm sorry, sir. Please sit down. We've done testimony. Okay. Everyone gets their two minutes or their me toos. That's the way we conduct our testimony here in this public safety hearing throughout the State Legislature.
- Jesse Arreguin
Legislator
So on this, on this bill, I really want to thank you, Senator Rubio, for bringing this forward. And just note the exception is, was someone who was 18 years or older at the time they committed the crime, was convicted of a special circumstance murder for the murder of a peace officer, a federal law enforcement officer, agent.
- Jesse Arreguin
Legislator
So this treats those crimes differently, but it does provide a chance for rehabilitation, a second chance for young people that committed serious crimes to be considered for parole doesn't guarantee that they will be paroled, but to be considered for parole, and I think this is a really important step forward for our state. And I really appreciate bringing this forward and I will be strongly voting for this bill today and recommend my colleagues support it today. And I'll give you an opportunity to close.
- Susan Rubio
Legislator
Thank you, Mr. Chair. And I want to acknowledge the comments from my colleague, Anna Caballero. We've had long discussions about this, and not just her, with many other colleagues. And I've committed to sitting down and continue to work on some of these issues. If anybody knows me, I've been fighting crime and I've always been on the other side because I am a victim's advocate, a victim of domestic violence myself, and this is what I do do.
- Susan Rubio
Legislator
But this is a particular case where, you know, I sat down with my friends and we really wanted to make sure that we do this right to give our youth an opportunity. I was very clear that this is not just an automatic let's get out of jail free card. But what I will say is this. You know, I've been in the Legislator for seven years Legislature, and we've passed so many bills today that were not in place years past.
- Susan Rubio
Legislator
And I think the data today shows is that so many issues or items were not taken into consideration many years back, namely, you know, trauma to our children, abuse, and how it can cause our youth to act out in different ways. I know that. I know several cases in which abuse and trauma was not taken into consideration.
- Susan Rubio
Legislator
You know, as a domestic violence survivor, as someone who is dealing with trauma, I can share with you. It's not an easy path and it's, you know, takes a lot. And first of all, I want to just commend Ms. Spencer for telling her story. And I think it's important for us to focus on what she said.
- Susan Rubio
Legislator
You know, she took the time to speak to these individuals. And this is a mother who lost her child. And if we can, you know, just take her words that she was able to understand that one young man really has understood, you know, the gravity of his, of his actions.
- Susan Rubio
Legislator
And if this mother in front of us is willing to forgive that individual, to me it just shows that it's about compassion. It's about case by case basis understanding the information before us. And I think that, you know, it's important that we do take that into consideration.
- Susan Rubio
Legislator
I think this bill strikes a balance between respecting victims, which is critically important to me as a victim's advocate, but also providing hope to some of those individuals that perhaps didn't stand a chance. And I'll close with this. You know, I worked with an individual who was 13 months when he went into foster care. 13 months.
- Susan Rubio
Legislator
And he went through three families and all three households. He was raped, abused, molested. He dealt with a lot of horrific circumstances. At the age of 13, he took the gun of one of his foster parents and shot him. When I think of him, he never stood a chance.
- Susan Rubio
Legislator
He never stood a chance, but yet he rehabilitated, he worked hard, and now he runs a program where he helps rehabilitate others. And so I do see that hope. So with that, I will ask respectfully, you for an aye vote. Thank you.
- Jesse Arreguin
Legislator
Okay, thank you very much. Senator, entertain a motion on Senate Bill 672 moved by Senator Caballero. The motion is do pass to the Committee on Appropriations. Please call the roll.
- Jesse Arreguin
Legislator
Okay, thank you. We'll keep that bill on call. Thank you so much for joining us today. Thank you, Senator. Okay, going next in file order is file item 17, Senate Bill 824 by Senator Menjivar.
- Jesse Arreguin
Legislator
And good afternoon Senator. If there are any witnesses in support, please come forward to the table. And I will now turn over to you Senator to present on the bill.
- Caroline Menjivar
Legislator
Thank you, Mr. Chair. I know it's been a long day. I want to thank you Mr. Chair and the Committee for working on this very important legislation. I will be accepting the Committee amendments.
- Caroline Menjivar
Legislator
Back in 2020, we this body decided to close DJJ and do a realignment and send these youth back to where they back to their communities. And there was an intent behind it to ensure that we approach the support for them be a very holistic approach through the lens of public health to provide positive youth development.
- Caroline Menjivar
Legislator
To build the capacity of community based interventions to reduce the crime by youth and prevent them from being transferred to adult prisons. Youth were transferred to these facilities that are called SYTFs, Secure Youth Treatment Facilities. And new laws were implemented that sought to employ evidence based strategies to ensure their rehabilitation and successful community reintegration.
- Caroline Menjivar
Legislator
Part of those new laws were a creation of what's called the Individual Rehabilitation Plan or IRP. And it was entailored to be tailored and it was intended to be tailored to meet the unique needs of the individual. To write a plan of what the individual needed to accomplish, adhere to, to be successfully reintegrated back into the community.
- Caroline Menjivar
Legislator
What was required to make this youth as successful as possible. However, there are persistence challenges that continue to interfere with the success of the youth to be able to rehabilitate back into the community. We're seeing these IRPs fail to address individual needs and sometimes failing to plan for their reentry.
- Caroline Menjivar
Legislator
And in fact doing a one size fits all, which we all know never works in any situation. Other situations we're seeing that the IRPs are robust, but they're not being met. The services that are asked within the IRP are not being delivered to the youth.
- Caroline Menjivar
Legislator
We're witnessing an underutilization of less restrictive placements or furloughs as integral tools for achieving successful rehabilitation. That is why SBA24 is looking to do two key things.
- Caroline Menjivar
Legislator
We want to strengthen the IRPs by requiring roadmap for successful reentry, ensuring a fair hearing before the IRP is adopted and clarifying judicial authority to tailor these services specific to the unique needs of the individuals. Second, we want to promote when eligible, less restrictive placements.
- Caroline Menjivar
Legislator
If an individual checks off all the boxes, crosses all the T's, dots all the I's and they're eligible, we should be able to help them be transferred to a less restrictive placement. And we want to make sure that's being implemented and checked upon during the current six month reviews.
- Caroline Menjivar
Legislator
At the end of the day, the goal of every SYFT commitment is to successfully return that youth to the community. And we want to address the challenges that we've seen in the past five years. And to that, Mr. Chair, now I'd like to turn to my witnesses to speak in support.
- Jesse Arreguin
Legislator
Thank you. You each have two minutes to address the Committee. Thank you for joining us.
- Manuel Garcia
Person
There you go. Could you guys hear me? All right, Sweet. All right. Good afternoon. My name is Manuel Garcia. I'm a local from Santa Barbara, Santa Barbara county, and co founder of Freedom for Youth, a Santa Barbara nonprofit that helps empower youth affected by our juvenile justice system and co sponsor of Bill 824.
- Manuel Garcia
Person
I was invited here today to speak about my life experience in the juvenile justice system and how I've seen the changes after DJJ closed affect our county as well as some of the youth that we work with. Back then we had three facilities for our youth.
- Manuel Garcia
Person
Santa Maria Juvenile hall, which is now an SYFT, the DJJ for the more violent offenders, and Los Briotas Boys Camp. There are major differences between the three. But the most beneficial for our youth in our county was the boys camp.
- Manuel Garcia
Person
While the youth in the juvenile hall were restricted to a cell, us at boys camp got to work on recycle crews, forestry crews, community work crews, and we also worked in the camp lunch hall where we cooked the camp meals and learned basic kitchen safety. Even the schools were different.
- Manuel Garcia
Person
Juvenile hall had you doing basic math and English, even history out of packets a fifth grader could finish. And science was practically non existent. Boys camp school was far more superior in every aspect. Different classes taught different subjects. The teachers actually taught proper high school curriculum, even economics.
- Manuel Garcia
Person
They also taught us how to make resumes, help sign you up for college if you were going to graduate and prove they wanted us to succeed. I'm now 29, haven't been arrested since 17. We also have two more individuals in this room, Gio and Sammy. If you guys could please raise your hand.
- Manuel Garcia
Person
That have been a part of our boys camp too. And now we're all here on the Senate Floor today. Los Briotos Boys camp has been closed for about three years and probation is now sentencing our youth to five plus years in our juvenile hall. With no step down program, the system is still the same.
- Manuel Garcia
Person
And there's not many programs that teach youth basic life skills such as filling a resume, a job application or signing up for college to name a few.
- Manuel Garcia
Person
We had more opportunity in the boys camp than the youth do nowadays and I want our youth to have the same opportunities that we had rather than be sentenced to juvenile hall for five to 10 years with no alternative. If it wasn't for the boys camp, I wouldn't have learned the importance of discipline, respect and responsibility.
- Manuel Garcia
Person
Some of my friends, even family, didn't get those opportunities we had. Some are now facing life in prison, others have drug habits they can't kick. Some are missing and others are no longer here with us. The youth now don't deserve to endure the life that we endured.
- Manuel Garcia
Person
A lot of them just need guidance and a second chance at life and our generation of people should be the ones to give them that second chance. Thank you.
- Stephen Hirsch
Person
My name is Stephen Hirsch. I'm a public defender in Sacramento county representing youth committed to our SYFT. I am testifying on behalf of the California Youth Defender Center, a co sponsor of SB824.
- Stephen Hirsch
Person
The Legislature has recognized that we achieve the best outcomes for youth, their families and public safety when system involved youth are provided individualized treatment and opportunities for positive development in their communities.
- Stephen Hirsch
Person
SBA24 advances these legislative priorities by ensuring the creation of robust, tailored IRPs that envision deliberate transitions from secure settings to the community as key steps in each youth's rehabilitative journey. Current law does not require planning for such transitions in IRPs.
- Stephen Hirsch
Person
SBA 24 fills this gap by strengthening the IRP's collaborative planning requirements and including potential less restrictive programs or LRPs and furloughs as integral parts of the plan.
- Stephen Hirsch
Person
These improvements will provide youth with clear goals, will ensure their treatment is moving them towards those goals, and will help to identify community based resources that can address needs that SYTFs cannot. Contrary to opposition claims, SBA24 does not change the criteria for LRP eligibility. WIC subsection 875F1 remains unchanged under this bill.
- Stephen Hirsch
Person
It still requires that before transfer to an LRP can occur, youth must make substantial progress towards IRP goals and the less restrictive program must be consistent with public safety.
- Stephen Hirsch
Person
Judges still determine if and when that threshold is met with stronger IRPS and thoughtful transition planning, SBA24 will ensure that more young people successfully shift from SYTF confinement to thriving as positive Members of our communities. For these reasons, we respectfully ask for your Aye vote.
- Jesse Arreguin
Legislator
Thank you very much. We'll take any members of the public in support. Senate Bill 824 please state your name, affiliation and position for the record and we have a big crowd here. Thank you for all for joining us. Everyone just kind of line up, sneak around and line up and we'll start with you.
- Liz Guterres
Person
Liz Blem Guterres on behalf of Los Angeles Defense, Initiate Justice and the Los Angeles County Public Defenders Union in support.
- Madison Whittemore
Person
Madison Whittemore on behalf of Steinberg Institute in support.
- Ed Little
Person
Ed Little on behalf of Californians for Safety and Justice and Repack and strong support.
- Ignacio Hernandez
Person
Ignacio Hernandez on behalf of the California Attorneys for Criminal Justice and support.
- Margo George
Person
Marco George on behalf of the California Public Defenders Association and the San Francisco Public Defenders Office. In strong support. Thank you.
- Aubrey Rodriguez
Person
Aubrey Rodriguez with ACLU California Action and PROUD support.
- Samuel Chavoya
Person
Samuel Chavoya with Freedom for Youth and Anti Recidivism Collision. I strongly support.
- Jonathan Laba
Person
Jonathan Laba, California Youth Defender Center, PROUD co sponsor and strong support.
- Dylan Elliott
Person
Dylan Elliott on behalf of the California State Association of Psychiatrists in support. Thank you.
- Brooke Harris
Person
Brooke Harris with the California Youth Defender. Center, PROUD co sponsor and strong support. Also on behalf of the Center for Juvenile Law and Policy at Loyola Law School.
- John Matthews
Person
John Matthews with Los Angeles County Public Defender and strong support.
- Laura Rudolfi
Person
Laura Rudolfi with The Burns Institute, PROUD co sponsor and strong support.
- Billy Joestar
Person
Billy Joestar, Freedom for Youth. PROUD co sponsor and strong support.
- Sally Ching
Person
Sally Ching with the alliance for Boys and Men of Color in strong support and co sponsoring. I know there's a long line here, but may I read #metoos?
- Sally Ching
Person
On behalf of orgs that also can, East Bay Community Law Center, Social Action Committee of Unitarian Universalists, Fellowship of Redwood City Peace and Justice Law Center, Ceres Policy Research, Future Leaders of America, Ventura County Juvenile justice and Delinquency Prevention Commission, Santa Barbara Teen Legal Clinic and Child Poverty in California, Powered by Grace, Fix in San Mateo County, Rubicon Programs, Urban Peace Movement, San Francisco Peninsula People Power, Youth Law Center, Urban Peace Institute and Black Parallel School Board.
- Tina Kriel
Person
Tina Kriel, Center on Juvenile and Criminal justice co sponsor and strong support.
- Colin Ford
Person
Colin Ford with Fresh Lifelines for Youth, PROUD co sponsor and strong support. Also speaking on behalf of the San Mateo County Private Defender Program and strong support. Thank you.
- Dominique Nong
Person
Dominique Nong, Sister Warriors Freedom Coalition in strong support.
- Unidentified Speaker
Person
Dariel National Center for Youth Law, PROUD co sponsor in strong support.
- Claudia Serinoso
Person
Claudia Serinoso, National Center for Youth Law co sponsor and in strong support.
- Israel Villa
Person
Israel Villa with the California Alliance for Youth and Community justice, proud sponsor and strong support.
- Isabella Solomon
Person
Isabella Solomon with the Anti Recidivism Coalition and strong support.
- Tyreek Shipp
Person
Tyreek Shipp with the Anti Recidivism Coalition and strong support.
- Rudy Reyes
Person
Rudy Reyes with the Restorative Academic Mentorship Program Strong support.
- Sere Corsa
Person
Sere Des Corsa with Silicon Valley Debug and San Mateo County Participatory Defense in strong support.
- Ana Ramirez
Person
Ana Ramirez with Silicon Valley Debug and San Mateo Participatory Defense and strong support. Thank you.
- Joanne Scheer
Person
Joanne Scheer, on behalf of Felony Murder Elimination Project and strong support.
- Lourdes Best
Person
Lourdes Best, with Silicon Valley Debug and San Mateo County Participatory Defense strong support.
- Jamila Webb
Person
Jamila Rosales Webb, Silicon Valley Debug and San Mateo County Participatory Defense and strong support.
- Arnold Morales
Person
Arnold Morales, San Mateo RE Evolution, Silicon Valley Debug and strong support. Thank you.
- Espan Nunez
Person
Espan Nunez, on behalf of the Anti Recidivism Coalition, strong support. Thank you.
- Rashad Williams
Person
Good afternoon. Rashad Wilkinson Williams with Fresh Lifelines for Youth, also known as fly and strong support.
- Jesse Arreguin
Legislator
Okay, thank you all so very much. We'll now take two, just two principal witnesses in opposition. If there are any. If you can please come forward. You could sit at the table. Here is. Are there any other witnesses in opposition? Okay, thank you.
- Liberty Sanchez
Person
Good afternoon, Mr. Chair and Members. Libby Sanchez, on behalf of the Chief Probation Officers of California in opposition to this measure, I want to first start by expressing our appreciation to the author, the proponents and staff for a real open do or open door policy and dialogue regarding our concerns over this bill.
- Liberty Sanchez
Person
We just have seen the amendments and look forward to digesting them to identify whether or not they in any way address the concerns we've raised.
- Liberty Sanchez
Person
I think this is a classic example of shared goals, but diverging approaches, diverging interpretation of the law and diverging interpretation of the facts of what's Going on at the local level in terms of the approach, as mentioned by one of the witnesses, F1 continues to exist, but with the addition of subsection 2 and the mandatory approach required of judges in that situation, we are interpreting that to continue to supersede the judicial discretion currently imparted under existing law and would be continued, continue to be concerned.
- Liberty Sanchez
Person
Because the whole purpose of this, as mentioned by the proponents, is individualized rehabilitation plans that are unique and specific to each individual 707 who has been adjudicated to be appropriately placed, placed in a secure youth treatment facility under existing law, under existing rules, and under existing practice. There is the opportunity to review placement.
- Liberty Sanchez
Person
But the issue is the judges currently have discretion to make a determination whether or not that placement is appropriate based on, you know, moving towards rehabilitative goals. And if those goals are not, you know, seeing forward momentum, then it is currently within the judge's discretion to maintain placement at the Sytf.
- Liberty Sanchez
Person
And this bill would put a thumb on the scale as currently written and under the proposed amendments in our interpretation. For that reason, we continue our opposition.
- Jesse Arreguin
Legislator
Thank you very much. Are there any other witnesses in opposition to Senate Bill 824? Please come forward to the microphone if you wish to state your position. Okay. I don't see any other witnesses, so I'll bring it back to the Committee which consists of a Committee of one. Just so everyone knows.
- Jesse Arreguin
Legislator
This is one of the busy times in the state Legislature where multiple policy committees are hearing bills before the House of Origin deadline in May. And so I sit on many committees as to everyone else, and so I expect Members to kind of come in and out.
- Jesse Arreguin
Legislator
But we will all record our votes before we adjourn the hearing today. But just wants to thank the author for taking the Committee amendments which do make changes to the Bill with regard to the types of plans that would be developed.
- Jesse Arreguin
Legislator
And, you know, not necessarily being prescriptive about that somebody would be transitioned to a less restrictive program, but, you know, having that be considered as part of the developmental plan.
- Jesse Arreguin
Legislator
And really the intent of this was really to try to take into consideration the input we heard, particularly from the employee unions that represent those that work in these programs.
- Jesse Arreguin
Legislator
But on the whole, I think this Bill is really critical to make sure that young people have the opportunity who are in these programs to, you know, to have one, more thoughtful, comprehensive plans that are focused on their needs and their rehabilitation, and two, to make sure that when we can move them to a less restrictive facility or program, that we can do that.
- Jesse Arreguin
Legislator
We prioritize that. So I want to thank the Senator for her work on this Bill. I'll turn it back over to you to close.
- Caroline Menjivar
Legislator
Thank you, Mr. Chair. And I know the amendments look to address to ensure that people youth were only transferred to LRPs when they were eligible. And in the word here that we have is the court may order. It's not a shall order, it's a may order.
- Caroline Menjivar
Legislator
And the consideration for transfer is only considered upon the approval of the court's determination that the Ward has made substantial progress towards the goals of the irp. It's not an automatic. Because I wouldn't even want an automatic. That means that we're not helping the individual rehabilitate become successful.
- Caroline Menjivar
Legislator
Even if you transfer to an LRP without the tools necessary, they won't be successful. So we want them to be successful, to graduate onto the next step down with the tools necessary to be successful.
- Caroline Menjivar
Legislator
So I hope that addresses the opposition's concerns on this and they can go back and look at it because we did want to make sure that we clarified that with that when appropriate. Mr. Chair, request an aye vote.
- Jesse Arreguin
Legislator
Thank you so much. When we have a quorum of the Committee present, we'll entertain a motion on SB824. I want to thank everyone for coming today, for your thoughtful testimony. And Evan, Senator Durazo on her way. Okay, thank you. And then we have. We only have two more bills left for presentation.
- Jesse Arreguin
Legislator
File item 18, SB834 by Senator Durazo and file item S19, SB276 by Senator Wiener. Presenting. He is still presenting. Okay, now Senator Wieners in the housing Committee. So if we get done with file 18 and he's not here, I could present that Bill on his behalf.
- Jesse Arreguin
Legislator
Okay, we can just take a recess so when people come back. Well, Senator delaso is on her way. Okay, let's take a break. And then when Senator also comes, we'll reconvene and we'll take a file item 18.
- Jesse Arreguin
Legislator
And then after the completion of that Bill, we'll take a break and then we'll go to Senator Wiener's Bill and then we'll lift the calls on the remaining on the bills as well. So let's do a five minute recess.
- Jesse Arreguin
Legislator
I know we're all in other committees, so. The Senate Public Safety Committee is back in session. We'll proceed now to file item 18, Senate Bill 834 by Senator Durazo. Good afternoon, Senator. I'll turn the floor to you to present.
- María Elena Durazo
Legislator
Thank you, Mr. Chair, and thank you, Members and consultants. SB834 is a technical fix to improve the implementation of our AB 1076 and SB731 bills. California's automatic record clearance laws. This Bill does not expand eligibility. It ensures that people already eligible can access the relief current law provides.
- María Elena Durazo
Legislator
Under AB1076 and SB731, individuals are eligible for automatic record clearance if they meet certain criteria, including not having pending charges. Many old arrests are still labeled as quote, unquote pending in DOJ records due to missing or incomplete information, such as cases where charges were never filed.
- María Elena Durazo
Legislator
These outdated pending charges are wrongly blocking individuals, eligible individuals, individuals from receiving relief even when no prosecution ever occurred. When relief is granted, the DOJ updates the person's state record, but there's no requirement for local courts to do the same.
- María Elena Durazo
Legislator
As a result, background checks that rely on local court data can show old convictions that were already cleared, leading to confusion and harm. People may also need to provide documentation that their record has been cleared, but there's no standard standardized court certificate. These gaps are preventing otherwise eligible individuals from fully benefiting from our automatic record clearance laws. With me today, I have Ed Little with Californians for Safety and justice. Thank you, Mr. Chair.
- Edward Little
Person
Thank you. Good afternoon. Thank you. Good afternoon, Chair and Members. My name is Ed Little. I'm a Government Affairs Manager with Californian's for Safety and Justice. California made historic progress with AB 1076 and SB731, expanding automated record clearance for millions of Californians with eligible arrests and convictions.
- Edward Little
Person
Implementation has revealed three critical barriers preventing some individuals from receiving or fully benefiting from relief. SB834 addresses these issues by preventing outdated pending charges from blocking record clearance, requiring local court records to be updated to match the State Department of Justice records, and establishing a clear process for individuals to obtain written proof of relief.
- Edward Little
Person
This Bill would address a set of issues that we have identified as implementation pain points for AB 1076 and SB731 that require some small adjustments. Courts are by and large doing their parts to shield records from the public view when they have been identified by CALDOJ as subject to this relief.
- Edward Little
Person
However, certain entities retain access to cleared records through court and local data systems, primarily law enforcement agencies, a designation that includes public defenders offices providing record clearance and legal services.
- Edward Little
Person
Without a process to resolve old, incomplete pending charges, individuals remain ineligible for relief under AB 1076 and SB731, even when the legal system itself abandoned the charges long ago.
- Edward Little
Person
At the same time, individuals who do receive relief under AB1076 and SB 731 may have no reliable way to prove it because the local records are outdated and there is no simple court issued proof of relief available to them upon request.
- Edward Little
Person
Potential fixes at the court level include require the courts to produce upon request written confirmation that they have received notification of relief from the Department of Justice for particular record and limiting access to the record pursuant to DOJ notification 1203.425 allowing people to easily access and obtain record specific confirmation is a relief that is important.
- Edward Little
Person
Efforts to correct this Bill would simply make a modest technical fixes to already established law. For these reasons, we respectfully ask for your aye vote on SB834. Thank you.
- Jesse Arreguin
Legislator
Thank you so much. Are there any other Members of the public in support of Senate Bill 834? Please state your name, affiliation and position for the record.
- Capri Walker
Person
Capri Walker with California for Safety and Justice Proudco sponsor and support. Also on behalf of Repack and support. Thank you
- Margo George
Person
Margo George on behalf of the California Public Defenders Association and also the San Francisco Public Defenders Office in support thank you.
- Glenn Backes
Person
Glenn Backes for Ella Baker Center for Human Rights in support thank you
- Aubrey Rodriguez
Person
Aubrey Rodriguez on behalf of ACLU California Action and proud support.
- Jess Temple
Person
Jess Temple on behalf. Of Rubicon Programs and proud support thank you.
- Caitlin Andersen
Person
Caitlin Andersen on behalf of Debt Free Justice California in support.
- Jesse Arreguin
Legislator
Okay, thank you. Will now take any principal witnesses in opposition to SB834. I didn't see any recorded opposition to the Bill. Okay, seeing no witnesses in opposition.
- Jesse Arreguin
Legislator
I'll bring it back to the Committee for discussion and I am recommending an eye on this Bill and ask if there are any questions or comments moved by Senator Gonzalez and I'll turn it back over to Senator Durazo to close.
- María Elena Durazo
Legislator
Thank you Mr. Chair and Members and I want to thank everyone who showed up. You're one of 12,000 people who was visiting our Capitol today and that's very exciting for the democracy that that we're protective of and all the individuals who did workshops up and down the state. Mr. Little and Californians for Safety and Justice.
- María Elena Durazo
Legislator
It was because of their work on the ground where they've done hundreds of workshop thousands of people one by one by one being able to clear their records. And that's where these bumps in the road were found.
- María Elena Durazo
Legislator
And it's because of that hard work and our communities and opening the doors now and making it possible for soon to be millions of people to be able to get jobs they hadn't dreamed of having or get into housing programs, what whatever the things are that have held them back.
- María Elena Durazo
Legislator
So with all of that, I'm very grateful to all of them and I respectfully ask for your aye vote.
- Jesse Arreguin
Legislator
Thank you so very much. We have a motion by Senator Gonzalez. You can please call the roll.
- Jesse Arreguin
Legislator
Member thank you everyone, for being here today. We're going to recess the Public Safety Committee and I don't know how long. Okay, so we'll recess for for 10 minutes. We'll be back in 10 minutes. Thank you.
- Jesse Arreguin
Legislator
And we'll proceed now to our last Bill presentation. File item 19, Senate Bill 276 by Senator Wiener. Senator, good afternoon.
- Jesse Arreguin
Legislator
I'll just note while the Senator is coming up. There were amendments that the Committee and the author worked on to SB276. I can summarize those amendments. They clarified the penalty structure and per the author, modified the definition of merchandise regarding food items. And these were just intended to clarify provisions of the Bill. And so those amendments will be considered as part of the action today on this Bill.
- Jesse Arreguin
Legislator
If there are any principal witnesses in support. If you can, please come forward to the table. Thank you.
- Scott Wiener
Legislator
Do you have the opening statement? I think I have it here. Hold on a second.
- Scott Wiener
Legislator
Okay. My apologies, Mr. Chairman. I'm gonna have to do this for my iPhone. I left my folder somewhere.
- Scott Wiener
Legislator
Thank you colleagues. I'm here to present Senate Bill 276. I want to start by accepting the Committee amendments which clarify the penalty structure in the Bill and exempt chips and nonalcoholic beverages from the definition of merchandise.
- Scott Wiener
Legislator
SB276 is designed to allow the City of San Francisco to deal with a problem that we're experiencing most acutely in the Mission District, but also in other neighborhoods, which is the sale of stolen goods on our streets.
- Scott Wiener
Legislator
San Francisco has a very, very robust street vending scene, which we love in the city, and we have a strong permitting program, and we have a lot of amazing vendors who have permits and are running their small businesses and doing so successfully and frequently for many, many years.
- Scott Wiener
Legislator
And these vendors make our neighborhoods a better place, and our residents love having them there. Unfortunately, in recent years, we have seen folks who are part of basically shoplifting rings, where merchandise gets stolen from stores and then is resold on the streets.
- Scott Wiener
Legislator
And that has, obviously, it's fueled retail theft, but it also creates a very toxic and at times violent situation on the streets to the point where it's pushing out the permitted street vendors because they are scared to be around these other folks.
- Scott Wiener
Legislator
This Legislature, with my support in 2018, we passed legislation to move enforcement on street vending from the police to administrative folks like administrative agencies, because there are parts of the state that are trying to basically effectively outlaw or make impossible for people to sell on the streets. I supported that. I think it's good policy.
- Scott Wiener
Legislator
But it also, it went so far as to make it really hard to address the sale of stolen goods on the streets. So our public works inspectors in San Francisco, who are responsible for enforcing our street vending laws, at times were wearing bulletproof vests when they were doing the enforcement because it was getting that dangerous.
- Scott Wiener
Legislator
So this Bill is very, very narrow. It's for San Francisco. And what it provides is that if you are selling on the streets without a permit and you're selling goods that have been adopted by the Board of Supervisors as commonly stolen goods, then, and you don't have proof of purchase, then you can be cited.
- Scott Wiener
Legislator
And after multiple citations, you can have a misdemeanor. Prepared food is categorically excluded from the Bill. If you have a permit, it's excluded. If you have receipts showing that you purchase it, you're excluded.
- Scott Wiener
Legislator
This is for a very narrow subset of people and only for commonly stolen goods as adopted by the Board of Supervisors through a public process. I'm proud that we built very strong support. Mayor Lurie is sponsoring the Bill, and we have strong community support, including from the Mission Vendors Association. So I respectfully.
- Scott Wiener
Legislator
And we've designed this misdemeanor to avoid immigration consequences. So I respectfully ask for an aye vote. And with me today to testify is Alejandro del Cavo from the San Francisco Department of Public Works and Rodrigo Lopez, the President of the Mission Street Vendors Association.
- Jesse Arreguin
Legislator
Great. Thank you very much. Each witness will have two minutes to address the Committee and whoever would like to start.
- Testimony Translator
Person
Esteemed Members of the California State Senate Committee. My name is Rodrigo Lopez, President of the Mission Street Vendors Association. We are here to support this Bill, SB276, which offers much needed control to our vending environment. As a vendor selling daily for over eight hours, I see firsthand the difficulties city workers and police face enforcing current vending laws.
- Testimony Translator
Person
This Bill will clarify the permit process and create accountability for those who don't comply without being overly punitive, this is vital. Currently, a lack of clarity hinders enforcement and creates an uneven playing field. This legislation ensures individuals know there's a process to vend legally and consequences for not doing so.
- Testimony Translator
Person
However, the bill's success requires city resources and your support. We urge our local city officials to help provide this infrastructure and personnel needed for effective implementation. Their assistance and this Bill is needed in helping new vendors become legitimate by streamlining the process and providing guidance.
- Testimony Translator
Person
Many want to operate legally, but need support navigating the system and clear guidelines. This Bill is a significant step towards a fair, more organized vending environment. Combined with the city resources and your support in helping new vendors become legitimate, we believe this will help solve a critical local problem.
- Testimony Translator
Person
Thank you for your time and consideration, and we urge you to please support for this important legislation.
- Alejandro del Cavo
Person
Good afternoon. My name is Alejandro del Calvo, and I've been a street inspector with San Francisco Public Works for the past nine years. I'm here in strong support of SB276. Let me be clear. Permitted vendors are not the problem. They're a vital part of San Francisco's neighborhoods.
- Alejandro del Cavo
Person
We have an affordable, accessible permitting system, and we work closely with community groups to help follow the rules. SB276 is not about food vendors or punishing people trying to earn a living. It specifically addresses illegal merchandise vending, which is creating serious public safety issues on our streets.
- Alejandro del Cavo
Person
Right now, entire sidewalks are being taken over by illegal vendors, many selling stolen goods, some directly tied to organized theft and the fentanyl crisis. The result is chaos. Blocked walkways, trash piling up, and unsafe conditions for everyone, especially the disabled and elderly. Our only enforcement tool is administrative citation, and it's not working. These tickets are ignored.
- Alejandro del Cavo
Person
I've seen the same vendors come back hours later, setting up again like nothing happened. After one impound, a vendor laughingly told me, "All you did was make me steal more." Meanwhile, we inspectors are put in harm's way. I've been threatened. I've been assaulted just for doing my job.
- Alejandro del Cavo
Person
We are not law enforcement, but we are being sent into situations that are increasingly dangerous. We wear ballistic vests. I want to thank the San Francisco Police Department. They've been incredible partners and have helped protect us in the field. But even they've told us they wish they could do more. Without SB276, their hands are tied.
- Alejandro del Cavo
Person
This Bill is about safety, accountability, and protecting both the public and the vendors who are doing things right. I urge your support. Thank you. Thank you very much.
- Jesse Arreguin
Legislator
We'll now take any Members of the public here in support of Senate Bill 276. If you can please state your name, your organization and your position.
- Rafael Moreno
Person
Good afternoon. Rafael Moreno, here on behalf of the office of Mayor Daniel Laurie, proud sponsor and here to support the Bill.
- Ryan Allain
Person
Hello, Mr. Chair and Members. Ryan Allain on behalf of the California Retailers Association, in support. Thank you.
- Paul Hayward
Person
Paul Hayward, Street Inspection Supervisor for Public Works, in support of this Bill.
- William Cartagena
Person
William Ortiz Cartagena, Office of Small Business. I'm here in support.
- Unidentified Speaker
Person
Hi, my name is Crystal. I'm the Senior Business Navigator at Glitchon. I support.
- Jesse Arreguin
Legislator
Okay, thank you. Are there any witnesses in opposition to Senate Bill 276? Seeing none. I'll bring it back to the Committee for discussion and ask if there are there any questions or comments from Members of the Committee? Senator Gonzalez?
- Lena Gonzalez
Legislator
I just want to say. Just. Thank you, Mr. Chair. I just want to say thank you to the author. I know he and I have spoken. I had a Bill related to street food vending to get it just right.
- Lena Gonzalez
Legislator
And I know that it's what I appreciate most is that you worked with the vendor community because oftentimes when we legislate, sometimes we don't legislate with them in mind and ensuring that they have the ability to be competitive amongst themselves, to feel safe, but that also the city is supporting them as well.
- Lena Gonzalez
Legislator
And so thank you for bringing this forward, making it very tailored, and I look forward to working with you on other bills.
- Sasha Perez
Legislator
I think it's a great Bill. Appreciate that you've done so much work with the vendor community and the Latino community and would like to just move the Bill.
- Jesse Arreguin
Legislator
Okay, thank you. And that's as amended with the Committee amendments, correct? Yes. Okay, thank you.
- Jesse Arreguin
Legislator
I'll just say, as somebody grew up in the Mission and somebody who has been in the Mission recently, this is a serious issue where illegal street vending, the sale of goods, is literally cluttering sidewalks and making it difficult for families with strollers, persons with disabilities, seniors, and just people to actually access our public spaces.
- Jesse Arreguin
Legislator
And it actually creates safety issues and it creates problems for legitimate street vendors that are doing the right thing and that are part, part of the mission in San Francisco's economy. So I really thank you, Senator Wayne, for bringing this forward in carefully crafting this Bill. And I recommend an eye on this Bill. Senator Caballero.
- Anna Caballero
Legislator
Thank you very much, Mr. Chair. And I also want to thank Senator Wiener. [Speaking Spanish]. Thank you. That's very nice. Okay.
- Jesse Arreguin
Legislator
Any other questions or comments from Members of the Committee? If not, Senator Wiener, you may close on the Bill.
- Scott Wiener
Legislator
Thank you, Mr. Chairman. [Speaking Spanish]. Colleagues, thank you for the discussion today. And this has been a long time coming. The Bill started last year. We've worked so intensively with the community, and I appreciate the Committee's engagement. I respectfully asked for an aye vote.
- Jesse Arreguin
Legislator
Okay, thank you. Do we have a motion on the Bill? Moved by Senator Perez as amended. If you can please call the rule.
- Jesse Arreguin
Legislator
Okay, that bills out. 6-0. 6-0. Okay, colleagues, we do have a fully constituted Committee, and so we need to make motions and lift calls on bills. Thank you for joining us today. So why don't we start from the very top.
- Jesse Arreguin
Legislator
Top, our consent calendar, which consisted of FIL3, SB368, smallas, filum 9, SB485, Reyes, filum 10, SB349 aretta. That was the consent calendar. If we can please lift the call.
- Jesse Arreguin
Legislator
Okay, those bills are out. 60. Thank you. Let's move now to the next file item, which is following 1. S.B. 36 Umberg.
- Jesse Arreguin
Legislator
Aye. Okay, that Bill is at 51. Thank you. File item two. S.B. 571. Archuleta.
- Jesse Arreguin
Legislator
Okay, that bill's out 60. We'll move now to file item four. SB423. Small Cuevas.
- Jesse Arreguin
Legislator
Bill's out. Okay, thank you. That bill's out five to one. We'll move now to file item five. SB 245.
- Jesse Arreguin
Legislator
Bill's out. Okay, SB 245 is out five to one. Okay, we'll now move to file item six SB 11 by Senator Ashby.
- Jesse Arreguin
Legislator
Okay, thank you. That bill's at 6. 0. File item 7. Senate Bill 319 by Senator Ashby. call the roll.
- Jesse Arreguin
Legislator
Okay, that bill's out five to zero. Okay, next Bill is file item eight, Senate Bill 562 by Senator Ashby.
- Jesse Arreguin
Legislator
Okay, Senate Bill 562 is out four to one. We'll proceed now to file number 11. Correct? Yes. Yes. File item 11. Senate Bill 537 by Senator Archuleta.
- Jesse Arreguin
Legislator
Okay, thank you. Senate Bill 537 is out with a vote of five to zero. We'll proceed now to file item 12, which is Senate Bill 759. Archuleta,
- Jesse Arreguin
Legislator
Okay, Senate Bill 759 is out with a 6 to 0 vote. We'll proceed now to the next file item, which is filing 13. SB 398. Correct.
- Jesse Arreguin
Legislator
That Bill is out six to zero. Thank you. Our next file item is file item 14, SB560 by Senator Smallwood Cuevas.
- Jesse Arreguin
Legislator
Okay, that Bill is at 5 to 1. Next. File item 15, SB551. Cortese.
- Jesse Arreguin
Legislator
That bill's out with a five to one vote. Item 16, Senate Bill 672, Rubio.
- Jesse Arreguin
Legislator
Okay, that Bill is out with a 5 to 1 vote. File item 17, SB824, Menjivar. They can call the roll on that.
- Jesse Arreguin
Legislator
Thank you. We need a motion on Senate Bill 824. There were Committee amendments. The author accepted, so thank you very much. So, motion by Senator Perez. Thank you. You can please call the roll.
- Jesse Arreguin
Legislator
Okay, that Bill is out five to zero. Our next file item is file item 18 by Senator Durazo. SB834.
- Jesse Arreguin
Legislator
Okay, that bill's at 5 to 1. Last but certainly not least, is my Bill. Senate Bill 692. If we can please call the roll.
- Jesse Arreguin
Legislator
Okay, SB692 is out, but the vote is 6 to 0. And I think that completes our business for today. Correct. Okay. Thank you, colleagues, for your patience and flexibility. With that, this meeting of the Senate Committee on Public Safety is now adjourned.