BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2013-2014 Regular Session B
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AB 909 (Gray)
As Amended May 24, 2013
Hearing date: June 25, 2013
Penal Code
AA:mc
METAL THEFT: TASK FORCE
HISTORY
Source: California Farm Bureau Federation
Prior Legislation: AB 2298 (Ma) - Ch. 823, Stats. 2012 (amended
into an unrelated measure)
Support: California Association of Joint Powers Authorities;
California State Association of Counties; West Coast
Chapter of the Institute of Scrap Recycling Industries;
Pacific Gas and Electric; Friant Water Authority;
California Chamber of Commerce; Association of
California Water Agencies; California Business
Properties Association; American Pistachio Growers;
California Cotton Ginners Association; California
Cotton Growers Association; California Grape & Tree
Fruit League; Western Agricultural Processors
Association; Western Plant Health Association;
Metropolitan Water District of Southern California;
Eastern Municipal Water District; Lassen County;
PacifiCorp; California State Sheriffs' Association
Opposition:None known
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Assembly Floor Vote: Ayes 77 - Noes 1
KEY ISSUE
SHOULD A METAL THEFT TASK FORCE AND FUND BE CREATED, AS SPECIFIED?
PURPOSE
The purpose of this bill is to establish the Metal Theft Task
Force and Fund, as specified.
Current law establishes the "Board of State and Community
Corrections" ("BSCC"), as specified. (Penal Code � 6024.)
Current law provides the following mission for the BSCC:
The mission of the board shall include providing
statewide leadership, coordination, and technical
assistance to promote effective state and local
efforts and partnerships in California's adult and
juvenile criminal justice system, including addressing
gang problems. This mission shall reflect the
principle of aligning fiscal policy and correctional
practices, including, but not limited
to prevention, intervention, suppression, supervision,
and incapacitation, to promote a justice investment
strategy that fits each county and is consistent with
the integrated statewide goal of improved public
safety through cost-effective, promising, and
evidence-based strategies for managing criminal
justice populations. (Penal Code � 6024(b).)
Current law enumerates specified duties for the BSCC, including
requiring it to do the following:
Collect and maintain available information and data
about state and community correctional policies, practices,
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capacities, and needs, including, but not limited to,
prevention, intervention, suppression, supervision, and
incapacitation, as they relate to both adult corrections,
juvenile justice, and gang problems. The board shall seek
to collect and make publicly available up-to-date data and
information reflecting the impact of state and community
correctional, juvenile justice, and gang-related policies
and practices enacted in the state, as was well as
information and data concerning promising and
evidence-based practices from other jurisdictions.
Develop recommendations for the improvement of criminal
justice and delinquency and gang prevention activity
throughout the state.
Identify, promote, and provide technical assistance
relating to evidence-based programs, practices, and
innovative projects consistent with the mission of the
board.
Receive and disburse federal funds, and perform all
necessary and appropriate services in the performance of
its duties as established by federal acts.
Develop comprehensive, unified, and orderly procedures
to ensure that applications for grants are processed
fairly, efficiently, and in a manner consistent with the
mission of BSCC.
Identify delinquency and gang intervention and
prevention grants that have the same or similar program
purpose, are allocated to the same entities, serve the same
target populations, and have the same desired outcomes for
the purpose of consolidating grant funds and programs and
moving toward a unified single delinquency intervention and
prevention grant application process in adherence with all
applicable federal guidelines and mandates.
Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local
government, combinations of those units, or other public or
private agencies, organizations, or institutions in matters
relating to criminal justice and delinquency prevention.
Develop incentives for units of local government to
develop comprehensive regional partnerships whereby
adjacent jurisdictions pool grant funds in order to deliver
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services to a broader target population and maximize the
impact of state funds at the local level.
Conduct evaluation studies of the programs and
activities assisted by the federal acts.
Identify and evaluate state, local, and federal gang and
youth violence suppression, intervention, and prevention
programs and strategies, along with funding for those
efforts. The board shall assess and make recommendations
for the coordination of the state's programs, strategies,
and funding that address gang and youth violence in a
manner that maximizes the effectiveness and coordination of
those programs, strategies, and resources. By January 1,
2014, the board shall develop funding allocation policies
to ensure that within three years no less than 70 percent
of funding for gang and youth violence suppression,
intervention, and prevention programs and strategies is
used in programs that utilize promising and proven
evidence-based principles and practices. The board shall
communicate with local agencies and programs in an effort
to promote the best evidence-based principles and practices
for addressing gang and youth violence through suppression,
intervention, and prevention.
Collect county criminal justice realignment plans within
two months of adoption by the county boards of supervisors.
Commencing January 1, 2013, and annually thereafter, the
board shall collect and analyze available data regarding
the implementation of the local plans and other
outcome-based measures, as defined by the board in
consultation with the Administrative Office of the Courts,
the Chief Probation Officers of California, and the
California State Sheriffs Association.
By July 1, 2013, and annually thereafter, the board
shall provide to the Governor and the Legislature a report
on the implementation of the plans described above. (Penal
Code
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� 6027.)<1>
Current law also authorizes BSCC to do either of the following:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal
justice
in the state. (2) Perform other functions and duties as
required by federal acts, rules, regulations, or guidelines in
acting as the administrative office of the state planning agency
for distribution
of federal grants. (Id.)
Establishment of Metal Theft Task Force and Fund
This bill would establish a Metal Theft Task Force and Fund, as
specified and operative on January 1, 2015, with the following
features and requirements:
Metal Theft Task Force Fund
This bill would establish the Metal Theft Task Force Fund within
the State Treasury, as specified. Funds shall, upon
appropriation by the Legislature, be available for the purposes
set forth in this title:
The fund shall consist of moneys deposited into the fund
--------------------------
<1> In addition to these duties, BSCC (and its predecessor
entities) also is required to establish minimum standards for
local correctional facilities (Penal Code � 6030), to inspect
local detention facilities biennially (Penal Code �� 6031 and
6031.1), to conduct biennial inspections of local juvenile
facilities, as specified (Welfare and Institutions Code � 209),
and to engage in related efforts with respect to standards and
conditions in local facilities where minors are detained, as
specified. (See WIC �� 207.1, 210, and 210.2.) In addition to
its ongoing duties, CSA/BSCC is statutorily tasked with
administering certain programs, such as the AB 900 Local Jail
Construction Financing Program, the Juvenile Justice Crime
Prevention Act, and the Youthful Offender Block Grant.
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from the federal government, industry, and private sources.
General Fund moneys shall not be deposited into the fund
nor used to implement the provisions of this title.
Funds provided under this program are stated in statute
to be intended to ensure that law enforcement is equipped
with the necessary personnel and tools to successfully
combat metal theft and related recycling crimes, which
include, but are not limited to, all of the following
offenses:
o The theft of metals, including, but not
limited to, nonferrous metals.
o The purchase and recycling of stolen
metals, including, but not limited to, recycled
metal beverage containers, by recyclers.
o The transportation of stolen metals from
this state to another state.
o The transportation of stolen metals from
another state to this state.
Administration of the Fund
This bill would provide that the fund shall be administered by
the BSCC.
This bill would authorize the BSCC to adopt regulations as
needed to administer this title.
This bill would provide that the overall program and the
evaluation and monitoring of all grants made pursuant to this
title shall be performed by the BSCC.
This bill would provide that moneys appropriated to the BSCC for
the program shall be expended to fund programs that enhance the
capacity of local law enforcement and prosecutors to deter,
investigate, and prosecute metal theft and related recycling
crimes.
This bill would provide that after deduction of the BSCC's
actual and necessary administrative costs, the funds shall be
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expended to fund programs to enhance the capacity of local law
enforcement and prosecutors to deter, investigate, and prosecute
metal theft and related recycling crimes.
This bill would provide that funds distributed under this
program shall be expended for the exclusive purpose of
deterring, investigating, and prosecuting metal theft and
related recycling crimes.
This bill would provide that up to 10 percent of the funds may,
upon appropriation, be used for developing and maintaining a
statewide database on metal theft and related recycling crimes
for use in developing and distributing intelligence information
to participating law enforcement agencies.
Establishment of a Metal Theft Task Force Program
This bill would require the BSCC to establish the Metal Theft
Task Force Program.
Regional Task Forces
This bill would require the BSCC to develop specific guidelines
and administrative procedures for the selection of regional task
forces to receive funds under this program, as follows:
Each regional task force that seeks funds shall
submit a written application to the board setting
forth in detail the proposed use of funds.
Each regional task force shall be identified by a
name that is appropriate to the area that it serves.
In order to qualify for funds, a regional task force
shall be comprised of local law enforcement and
prosecutors from at least two counties.
Each task force would be expressly authorized to
consult with experts from the United States military,
the California Military Department, the Department of
Justice, other law enforcement entities, and various
other state and private organizations, including
pertinent trade associations, as deemed necessary to
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maximize the effectiveness of this program.
Priority shall be given to regional task forces
outside of the 13 counties funded under the rural
crime prevention programs, as specified.
The guidelines shall include all of the following
selection criteria that shall be considered by the board in
awarding grant funds:
o The number of metal theft or related recycling
crime cases filed in the prior year.
o The number of metal theft or related recycling
crime cases investigated in the prior year.
o The number of victims involved in the cases
filed.
o The total aggregate monetary loss suffered by
the victims, including damage caused by the theft.
o Local funds available to assist the regional
task force.
o The number of licensed recycling facilities in
the region.
Accounting of Funds Received
This bill would require that each regional task force awarded
funds authorized under the program during the previous
grant-funding cycle, upon reapplication for funds to the board
in each successive year, submit a detailed accounting of funds
received and expended in the prior year in addition to any
information required by this title.
This bill would require that the accounting include all of the
following information:
o The amount of funds received and expended.
o The use to which those funds were put,
including payment of salaries and expenses, purchase
of equipment and supplies, and other expenditures by
type.
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o The number of filed complaints,
investigations, arrests, and convictions that resulted
from the expenditure of the funds.
Evaluation and Reporting
This bill would require the BSCC to regularly review the
effectiveness of the program in deterring, investigating, and
prosecuting metal theft and related recycling crimes and present
a report to the Legislature and Governor, as specified.
This bill would require that the report be based on information
provided by the regional task forces in an annual report to the
board which shall detail all of the following:
The number of metal theft and recycling crime cases
filed in the prior year.
The number of metal theft and recycling crime cases
investigated in the prior year.
The number of victims involved in the cases filed.
The number of convictions obtained in the prior year.
The total aggregate monetary loss suffered by the
victims, including damage caused by the theft.
An accounting of funds received and expended in the
prior year, which shall include all of the following:
o The amount of funds received and expended.
o The uses to which those funds were put,
including payment of salaries and expenses, purchase
of supplies, and other expenditures.
o Any other relevant information requested.
This bill provides that the program established pursuant to this
title shall not be implemented until the Department of Finance
determines that sufficient funds have been deposited in the
Metal Theft Task Force Fund to implement the provisions of this
title and funds have been made available for the purposes of
this title upon appropriation by the Legislature as provided
above.
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This bill would require the BSCC to implement the provisions of
this title only upon the availability of funds appropriated for
that purpose, in an amount sufficient to cover all costs
relating to the implementation and continuing administration of
the provisions of this title.
Definitions
This bill would provide, for the purposes of this title, the
following terms have the following meanings:
"Fund" means the Metal Theft Task Force Fund.
"Board" means the Board of State and Community
Corrections.
"Program" means the Metal Theft Task Force Program.
Legislative Findings and Declarations
This bill would make uncodified legislative findings and
declarations concerning metal theft, as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
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was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order issued by the Three-Judge Court three years
earlier to reduce the state's prison population to 137.5 percent
of design capacity. The State submitted in part that the, ". .
. population in the State's 33 prisons has been reduced by over
24,000 inmates since October 2011 when public safety realignment
went into effect, by more than 36,000 inmates compared to the
2008 population . . . , and by nearly 42,000 inmates since 2006
. . . ." Plaintiffs, who opposed the state's motion, argue in
part that, "California prisons, which currently average 150% of
capacity, and reach as high as 185% of capacity at one prison,
continue to deliver health care that is constitutionally
deficient." In an order dated January 29, 2013, the federal
court granted the state a six-month extension to achieve the
137.5 % prisoner population cap by December 31st of this year.
In an order dated April 11, 2013, the Three-Judge Court denied
the state's motions, and ordered the state of California to
"immediately take all steps necessary to comply with this
Court's . . . Order . . . requiring defendants to reduce overall
prison population to 137.5% design capacity by December 31,
2013."
The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unresolved. However, in light of the real gains in reducing the
prison population that have been made, although even greater
reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
whether a measure erodes realignment;
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whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error;
whether a measure proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy; and
whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
1. Stated Need for This Bill
The author states:
Farmers and ranchers face numerous challenges in
providing California and the world with agricultural
products, including metal theft. Recent legislation
has improved the record keeping requirements for junk
dealers and recyclers and changed the way most
payments are made for scrap metal. However, the new
law has not been enough to stop the dramatic increase
in metal theft.
Metal theft impacts California farmers, ranchers,
utility providers, construction companies, and
municipalities. Thieves strip copper wire from
irrigation pumps to sell to scrap metal recyclers.
The cost of replacing copper wire on an irrigation
pump ranges from $1,500 to $4,000 and this cost does
not include crop losses caused by lack of irrigation.
Utility lines are cut and stripped of copper wire and
construction companies are losing wire and pipes to
thieves. Cities and counties
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are seeing copper wiring stripped from traffic lights
and municipal facilities raising significant public
safety concerns.
AB 909 creates a Metal Theft Task Force program, which
will ultimately provide resources to local law
enforcement to target metal theft regionally. The
program would be voluntary and provide grants to
regional task forces.
This program is modeled after the Central Valley and
Central Coast Rural Crime Prevention Programs and the
High Technology Crimes Task Force. A 2002 LAO report
found the rural crime prevention programs' rates of
arrests, prosecutions and convictions were higher than
the statewide average. Additionally, efforts to
recover stolen equipment were successful in recovering
over half of each dollar reported lost. AB 909 builds
on the sturdy foundation of these programs to ensure
law enforcement has the ability to bring metal thieves
to justice.
2. What this Bill Would Do; the BSCC
As explained above, this bill would require the Board of State
and Community Corrections (BSCC) to administer a new statewide
effort to address the problems and challenges of metal theft.
In this way, this bill would place substantial new duties on the
BSCC, which in its current statutory configuration has existed
for about a year. The BSCC would be responsible for the
creation and administration of the overall program and the
evaluation and monitoring of all grants made pursuant to this
title. The BSCC would also be required to develop specific
guidelines and administrative procedures for the selection of
regional task forces to receive funds under this program and
regularly review the effectiveness of the program in deterring,
investigating, and prosecuting metal theft and related recycling
crimes and present a report to the Legislature and Governor.
Earlier this year the Legislative Analyst's Office offered the
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following observations concerning the progress of the BSCC in
meeting its new missions:
The Legislature gave BSCC the mission of providing
technical assistance to counties with the goal of
encouraging evidence-based programs that improve
criminal justice outcomes cost-effectively. Based on
reports from BSCC and our conversations with county
stakeholders, BSCC has not yet played an active role
in facilitating the adoption of evidence-based
programs. . . . .
We are also concerned that BSCC has not yet
developed a longer-term plan to fulfill its data
collection mission. . . . <2>
Members may wish to discuss the timing and potential impact of
adding additional statutory duties and priorities for an entity
that faces many challenges relating both to its structural
reformation (independence from CDCR), its ongoing duties (for
example, implementation of the SB 81 Local Youthful Offender
Rehabilitative Facilities Construction Financing Program) and
the added duties and expectations surround the BSCC concerning
the public safety realignment. In addition, at the request of
the administration the Legislature just restructured the BSCC in
a budget trailer bill (SB 74) passed on June 14, 2013 to add a
full-time chair of the board to serve as an additional member of
the now 13-member BSCC.
3. Previous Legislation to Curb Metal Theft
This Committee passed a nearly identical bill, AB 2298 (Ma) last
year (5-0). That measure was held on Appropriations suspense,
amended and, ultimately, amended into an unrelated bill.
Last session, this Committee approved SB 1387 (Emmerson), which
prohibits junk dealers and recyclers from possessing any fire
hydrant, fire department connection, manhole cover or backflow
---------------------------
<2> Legislative Analyst's Office, The 2013-14 Budget:
Governor's Criminal Justice Proposals (Feb. 15, 2013).
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device without a written certification on the letterhead of the
agency previously owning the material, and adds fire hydrants,
manhole covers and backflow devices to the list of items which,
if any person possesses, knowing they were stolen, would receive
an additional fine of up to $3,000. (Penal Code � 496e.)
In 2011 the Legislature created a separate offense of grand
theft of copper material. (AB 316 (Carter), Chapter 317,
Statutes of 2011.)
In 2009, the Legislature passed the following measures to
address the growing problem of metal theft:
SB 447 (Maldonado), Chapter 732, Statutes of 2009,
assists local law enforcement officials in quickly
investigating stolen metal and apprehending thieves by
requiring scrap metal dealers and recyclers to report
what materials are being scrapped at their facilities
and by whom on a daily basis. These rules already
apply to pawn shop dealers.
SB 691 (Calderon), Chapter 720, Statutes of 2009,
requires junk dealers and recyclers to take
thumbprints of individuals selling copper, copper
alloys, aluminum and stainless steel. Sellers must
also show a government identification (ID) and proof
of their current address. Recyclers who violate the
law face suspension or revocation of their business
license and increased fines and jail time.
AB 844 (Berryhill), Chapter 731, Statutes of 2009,
requires recyclers to hold payment for three days,
check a photo ID and take a thumbprint of anyone
selling scrap metals. AB 844 also requires any person
convicted of metal theft to pay restitution for the
materials stolen and for any collateral damage caused
during the theft.
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